interpretation of statutes notes

ALTERNATIVE DISPUTE RESOLUTION (Clinical Legal Education-2) Paper - V

5040 ALTERNATIVE DISPUTE RESOLUTION

(Clinical Legal Education-2)

Paper - V

Unit-1: Judicial dispute resolutions: Characteristics, Operating Principles, Party participation and Control, Short focus on issue, Reasoned Decision, Finality, Adversary Process, What course do and do not do effectively? Advantages and Disadvantageous of such resolution.

Unit-2: Alternative dispute resolution: Alternative to formal adjudication Techniques processes, Unilateral - Bilateral - Triadic (Third party) Intervention, Advantages - Limitations, Distinction between arbitration - conciliation and negotiation, Distinction between judicial. settlement and alternative dispute resolution.

Unit-3: Self-help, avoidance and limping, Negotiation, mediation, Conciliation, Arbitration;

Distinction between, Alternate models of dispute resolutions: Role of Panchayat, Role of Grama

Sabhas, Lokpal, Lakayukta, Lok Adalats, Family Courts. Unit-4: The Arbitration and Conciliation Act, 1996, Background of the Act. Definitions of "Arbitration". "Arbitrator", Arbitration Agreement", Appointment of "Arbitrator", grounds for

changing the arbitrator, terminator of Arbitrator.

Unit-5: Proceedings in arbitral tribunals and enforcement of awards, Arbitral Award Termination of Proceedings, Setting aside of arbitral award, Finality and Enforcement, Appeals, Enforcement of foreign awards, New York and Geneva Convention Awards. Unit-6: Section 89 and O-10, R-1-AB and C of CPC Conciliation, Meaning and definition

conciliation agreement, appointment of conciliator, powers and function of conciliator,

techniques of successful conciliation proceedings, enforceability. Unit-7: Other Alternative modals of dispute resolution, Family Courts, Family Courts Act, 1984, family council ling techniques, Tribunals, Motor Accent Tribunals, MV Act, relevant provisions, Administrative Tribunals, Consumer Forms.

Unit-8: Legal Services Authority. Unit-9: Role of N.G.Os in dispute resolutions.

Books Recommended:

1. O.P. Tiwari: The Arbitration and Conciliation Act (2nd Edition): Allahabad Law Agency.

2. Johar's: Commentary on Arbitration and Conciliation Act, 1996: Kamal Law House.

3. Acharya N.K.: Asia Law House, Hyderabad.

4. Tripathi S.C.: Central Law Agency, Allahabad.

5. Avatar Singh: Arbitration and Conciliation, Eastern Law Book House, Lucknow.

6. Murthy KKSR: Gogia Law Agency, Hyderabad.

7. P.C. Rao Alternate Dispute Resolution 2001 Ed. Universal Book Traders, New Delhi.

8. S.D. Sing: Alternate Dispute Resolution 2001 Ed. Universal Book Traders, New Delhi.

Note: There shall be a University written examination on this paper for 50 marks, 35 marks for record and viva voce examination carrying 15 marks at the college level. The candidate shall get a minimum 20 marks at examination and 20 marks at college level to get aggregate of 40 percent.

INTERPRETATION OF STATUTES (Optional Legal) Paper-IV

5039 INTERPRETATION OF STATUTES (Optional Legal)

Paper-IV

Unit-1: Introduction: Difference Between Construction and Interpretation, Concept and Power of Interpretation, Literal Construction, Other principals of Interpretation, General Principals of interpretation: The Primary rule: Literal construction, the other main Principals of interpretation, Reading words in their context: the external aspect, Reading words in context: the statutory aspect.

Unit-2: Beneficial construction and restrictive construction, Consequences to be considered,

Presumption against changes in the common Law, mens rea in statutory offences. Unit-3: Theoretical or ideological approaches to interpretation, Judicial Restraint, Judicial activism, Juristic Restraint, Juristic activism Unit-4: Presumptions regarding jurisdiction. Presumptions against ousting established

jurisdictions, Presumptions against creating new and enlarging established jurisdictions. How

far statutes affect the crown Further presumptions regarding jurisdiction, Territorial extent of

British legislation, How far statutes conferring rights affect Foreigners, Presumption against

violation of International Law.

Unit-5: Construction to avoid collision with other provisions, construction most agreeable to justice and reason, Presumption against intending what is inconvenient or unreasonable, Presumption against intending injustice or absurdity, Presumption against impairing obligations. permitting advantage from ones own wrong. Retrospective operation of statutes. Unit-6: Exceptional Construction, Modification of the Language to meet the intention.

Equitable construction, Strict Construction of penal Laws, Statues encroaching on rights or imposing burdens, Construction to prevent evasion, Construction to prevent abuse of powers. Unit-7: Intentions attributed to the legislature when it expresses none, Imperative and directory and enactments. Absolute and qualified duties, Impossibility of compliance, Waiver. Public and private remedies.

Unit- 8: Rules of statutory interpretation: their judge made character, Legalism and Creativity: Mischief and Golden Rule, Rule of Construction in Fiscal and Criminal Statutes, Technicality: Rules as to necessary and implied repeal: Rule for interpretation of codifying, consolidating and amending statute, Values and Interpretation, countemporaneo exposito, nositur a sociis. Ejusdem Generis

Unit-9: Constitutional interpretation, differentiation from statutory interpretation Rex Vs Burah as example, Literal interpretations, Harmonious construction, Reference to constituent assembly debates, Pith and substance, Occupied field, Residuary power, Repugnancy, Amending power Directive Principles as source of constitutional interpretation, stare decisis, the doctrine has inherited by us, Techniques of innovation (Subversion) of stare decisis, Supreme Court's authority to over rule its own decisions (Eg: Antulay Case), Advisory jurisdiction and its import on precedent, retrospective overruling in India, Objections to judicial review as anti-majoritarian. Unit-10: Principles of legislation: Principles of the civil code, principles of the penal code of punishments.

Books Recommended:

1. D.D. Basu-Limited Government and Judicial Review.

2. Jeremy Bentham: Theory of Legislation, Butterworths Publications. 3. Vepa P. Sarathi: Interpretation of Statutes, Eastern Book Co, Lucknow

4. Maxwell: Interpretation of Statutes, Butterworths Publications.

5. Crawford: Interpretation of Statutes, Universal Publishers, Delhi

6 Chatterjee: Interpretation of Statutes.

7. G.P. Singh: Principles of Statutory Interpretation, Wadhwa and Company, Nagapur.

LABOUR LAW II Paper-III

5038 LABOUR LAW II Paper-III

Unit-1: Remuneration for Labour.

Unit-2: Law relating to wages and bonus: Theories of wages; marginal productivity, subsistence, wage fund. supply and demand, residual claimant, standard of living. Concepts of wages (minimum wage, fair wage, living wage, need-based minimum wage); Constitutional provisions: components of wages: Minimum Wages Act, 1948: Objectives and constitutional validity of the Act; procedure for fixation and revision of minimum rates of wages - exemptions and exceptions; Payment of Wages Act, 1936: Regulation of payment of wages; Authorized Deductions, Payment of Bonus Act; Bonus Its historical background, present position and exemptions: Payment of Bonus (Amendment) Act, 2007.

Unit-3: Social security against employment injury and other contingencies: Concept and development of social security measures; Employers liability to pay compensation for employment injury: Legal protection: Workmen's Compensation Act, 1923 - Concept of accident arising out of and 'in the course of the employment: Doctrine of notional extension and doctrine of added peril; Total and partial disablement: Quantum and method of distribution of compensation. Employees State Insurance Act, 1948: Benefits provided under the Act; Employees' State Insurance Fund and Contributions; Machinery for the implementation of the

Act; ESI Court and appeal to High Court.

Unit-4: Law relating to retirement benefits: Employees Provident Fund and Miscellaneous Provisions Act, 1952; Family Pension Scheme 1971 and Employees Pension Scheme 1995: The changing rules regarding Employees Provident Fund and Pension Schemes; Payment of Gratuity Act, 1972 - Concept of Gratuity, Eligibility for payment of gratuity: Determination of gratuity: Forfeiture of gratuity.

Unit-5 Labour Welfare: Philosophy of Labour Welfare; Historical Development of Labour welfare legislation; Health, Safety and welfare measures under Factories Act, 1948. Welfare of women and child labour: Protective provisions under Equal Remuneration Act & Maternity Benefit Act.

Unit-6: Contract Labour: Problems of contract labour; Process of contractualisationof labour;

Legal protection: Contract Labour (Regulation and Abolition) Act, 1970; Controversy regarding

Abolition of contract labour and their absoption: Land mark cases: Air India Statutory Corpn.

V. United Labour Union, (1997) & SAIL. case (2002); proposed amendment and its impact on

the contract labour.

Unit-7: Unorganised Sector: Problem of Definition and Identification: Unionization problems Historical backdrop of proposed bills on social security for unorganized sector (2004, 2005 & 2007): Unorganized Sector Workers' Social Security Act, 2008

Unit-8: Protection of Weaker Sections of Labour: Problems of bonded labour, bidi workers. domestic workers, construction workers inter-state migrant workmen; Legal protection: Bonded Labour System (Abolition) Act, 1976; Inter State Migrant Workmen (Regulation of Employment

and Conditions of Service) Act, 1979.

Books Recommended:

1. R.F. Rustomji: The Law of Industrial Disputes in India.

2. J.N. Malik: Trade Union Law

3. Bagri: Law of Industrial Disputes, Kamal Law House, Delhi.

4. Srivastava: Law of Trade Unions., Eastern Book Company.

5. Dr. V.G.Goswami, Labour and Industrial Law, Central Law Agency, Allahabad.

6. S.N.Mishra, Labour and Industrial Law, Central Law Agency, Allahabad.

7. Khan and Khan Labour Law, Asia Law House, Hyderabad.

COMPANY LAW Paper-II

5037 COMPANY LAW

Paper-II

Unit-1: Meaning of Company, essential characteristics, corporate personality and lifting the

corporate veil, Forms of Corporate and non-Corporate Organisations: Corporations, partnerships

and other associations of persons, state corporations, government companies, public sector private sector, their-role, functions and accountability of companies. Unit-2: Incorporation. Memorandum of Association - various clauses - alteration therein - doctrine of ultra vires, Articles of Association binding force alteration its relations with memorandum of association doctrine of constructive notice and indoor management exceptions, Prospectus issue contents liability for misstatements -statement in lieu of prospectus, Promotors position duties and liabilities

Unit-3: Shareholders: Shares - general principles of allotment statutory restrictions - share certificate its objects and effects - transfer of shares - restrictions on transfer procedure for transfer - refusal of transfer role of public finance institutions - relationship between transferor and transfers - issue of shares at premium and discount, Shareholder who can be and who cannot be a shareholder modes of becoming a shareholder calls on shares forfeiture and surrender of shares - lien on shares rights and liabilities of shareholder, Share capital - kinds - alteration and reduction of share capital - further issue of capital conversion of loans and

debentures into capital duties of court to protect the interests of creditors and shareholders.

Unit-4: Directors position appointment qualifications, vacation of office removal.

resignation - powers and duties of directors -meeting, registers, loans remuneration of directors - role of nominee directors-compensation for loss of office managing directors and other managerial personnel, Meetings - kinds procedure - voting

Unit-5: Dividends, Debentures, Borrowing Powers: Dividends - payment capitalization of

bonus shares, Audit and accounts, Borrowing powers effects of unauthorised borrowing

charges and mortgages loans to other companies investments contracts by companies,

Debentures-meaning-floating charge - kinds of debentures-shareholder and debenture holder

remedies of debenture holders. Unit-6: Majority rule: Protection of minority rights, Prevention of oppression and mismanagement, who can apply when can he apply, powers of the court and of the Central Government.

Unit-7: Other Allied Aspects: Private companies nature advantages conversion into public company foreign companies, government companies, holding and subsidiary companies, Investigations- Powers, Reconstruction and amalgamation, Defunct company Law Tribunal, powers and functions.

Unit-8: Law and Multinational Companies: Collaboration agreements for technology transfer. Control and regulation of foreign companies taxation of foreign companies, share capital in such

companies.

Unit-9: Winding Up: Winding up - types - by court reasons grounds who can apply procedure, powers of liquidator-powers of court consequences of winding up order- voluntary

winding up by members and creditors winding up subject to supervision of court. Unit-10: Winding up proceedings: appointment of liquidator, powers and duties of official liquidator, Liability of past members - payment of liabilities - preferential payments, unclaimed dividends-winding up of unregistered company.

Books Recommended:

1. Avatar Singh: Company Law. Eastern Book company, Lucknkow 2. Anantha Raman, lectures on company Law, Wadhwa and Company

3. Kailash Rai, Company Law, Allahabad Law Agency, Allahabad 4. Majumdar, Company Law, Taxman Publications

6. Palmer, Company Law

5. Tandon M.P. Company Law, Allahabad Law Agency, Allahabad

7. Gover, Company Law

8. Ramaih, A Guide to Companieis Act, Wadhwa Publications

CRIMINAL PROCEDURE CODE paper 1

5036 CRIMINAL PROCEDURE CODE

(including Juvenile Justice Act and Probation of Offenders Act)

Paper-I

Unit -1: Criminal justice system: Inquisitorial and Adversary Accusatorial; International norms regarding the basic principles of criminal justice system; Constitutional perspectives - Articles 14, 20, 21 & 22: The rationale of criminal procedure, Salient features of the Criminal Procedure Code, 1973; The organization of police, prosecution & defense and prison authorities-duties, functions and powers, Constitution of criminal courts and the significance of the segregation of magistrates into judicial and executive magistrates categories under the code:Important definitions: Investigation, first information, cognizable and non cognizable offence, bailable and non bailable offences, complaint, inquiry, charge, trial, summons and warrant cases, compoundable and non compoundable offences, discharge and acquittal, appeal, revision and

reference.

Unit-2: Investigation proceedings: Initiation of investigation proceedings (sec.154-157); Interrogation powers of police officer (Sees. 160 161); evidentiary value of FIR and statements made to police officer (Sec162 of Cr.P.C. and Sec. 145 &157 of Evidence Act); Arrest with and without a warrant exercise of power and execution rules (Secs.41-60 & 70-80); Preventive powers of the Police (Sec. 149-153),Rights of arrested person (Socs.50.50A.54-57,75,76,303,304 of Cr.PC & An 22), 23 Search and Seizure (Secs.51,93-103, 165,166 & 166A, 166B). Proclamation and attachment (sec.82-89) Recording of confessions and statements (sec. 164); Special remand order (Sees.167); Police diary (Sees 172); Police report (See.173); Inquest

proceedings (Sees.174-176).

Unit-3: Jurisdiction of Courts, Inquiry proceedings & Bail provisions: General principle of jurisdiction of criminal courts (Sec. 177); Exceptions to the principle (sec. 178-188). Initiation of Inquiry proceedings (Sec. 190-194); Exceptions to the general principle of moving criminal courts (Secs.195-199); Complaint to magistrates (Sees 200-203). Inquiry proceedings before magistrates (Secs.204-209); Bail provisions (Secs.436-450).

Unit-4: Security and Maintenance proceedings: Security for keeping peace and for good behavior (Secs. 106-124), 4.2 Maintenance of Public order and tranquility: Unlawful Assemblies (Secs 129-132); Public Nuisance (Secs133-144); Disputes as to immovable property (Secs.145 148); Maintenance of wives, children and parents: Order of maintenance (Secs.125). The Muslim Women (Protection of Rights on Divorce) Act.1986): Procedure, alteration and enforcement (Secs. 127&128).

Unit-5: Trial Proceedings: Concept of fair trial: Presumption of innocence, right of silence & right to speedy trial: Charge: Content and form (Sees 211-217); General principle to be tried separately for every charge and its exceptions (Sees 218-224); Trial before a court of session (Secs 225-237); Trial of warrant cases before magistrates (Sec.238-250); Trial of summons cases (Sec.251-265); Summary trials (Secs.260-265); Pleas and limitations to bar trail: Principle of Autrefois acquit and autrefois convict (Secs 300& Art20): Compounding of offences (Sec. 320); Withdrawal from prosecution (Secs.321), ); Irregular proceedings (Sees.461,462 & 479); Limitations to take cognizance of offences. (Secs.467-473). Evidence in inquires and trials Secs.272-283); Tender of pardon (Secs.307-309): Provisions as to Accused persons of unsound

mind (S$.328-339)

Unit-6: Judgment. Appeals, Reference, Revision and Execution: Judgment: Mode and other provisions (Sec.353-365); Confirmation of death sentence (Sees.366-371); Appeals (Sees.372 394). Reference and Revision (Sec.395-405); Transfer of criminal cases (Secs 406-412); Execution, suspension, remission and commutation of sentences (Secs.413-435). Unit-7: Juvenile Justice System: Concept of juvenile justice; Historical perspective of juvenile justice system: Provisions relating to juvenile offenders under IPC(Secs.82&83) and Criminal Procedure Code(Sees 27&260): Juvenile Justice Act, 1986 Distinction between juvenile offender and neglected juvenile; Constitution of Child welfare boards and juvenile courts: Observation and juvenile homes; Powers of the State Government to constitute Advisory Boards and release the juvenile from juvenile or special home; 7.3 Juvenile Justice (Amendment) Act. 2000-major changes made to the JJ Act, 1986;

Unit-8: Probation of offenders and Parole: Concept of probation; Development of probation

system in India; Probation of Offenders Act 1958: Salient features; Role of probation officers:

Role of Judiciary in the implementation of the Act; Parole system: Concept and distinction with

the probation system

Unit-9: Reforms in Criminal Procedure: Major recommendations made in the Mall math Committee, 2002 in relation to Criminal Procedure Code; The Code of Criminal Procedure Code (Amendment) Act, 2005 important changes. The Code of Criminal Procedure Code

(Amendment) Act 2006-significant changes. Books Recommended:

R.V. Kelker, Lecturers on Criminal Procedure Code 2. S.N. Mishra, Criminal Procedure Code

1. 3. Achutan Pillai: Criminal Law, Butterworth Co. 4. Ratan Lal and Dhiraj Lal: Indian Penal Code, Wadhwa & Co. 5. Gour K.D.: Criminal Law -Cases and material, Butterworth Co.

6. Kenny's: Outlines of Criminal Law.

All 4 year 8 sem

 Semester-VII

7.1 Law of Crimes

7.2 Property Law & Easement Act

7.3 Labour Law I

7.4 Administrative Law

7.5 Professional Ethics

Semester-VIII

8.1 Criminal Procedure Code

        Syllabus :-

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8.2 Company Law

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8.3 Labour Law II

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8.4 Interpretatin of Statutes (Optional Legal)

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8.5 ADR 6 (Clinical Legal Edn)

        Syllabus :-

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