10.5 Moot Court (Clinical Legal Edn.)

5050 MOOT COURT (Clinical Legal Education - IV)

Paper - V

Class room instructions and simulation exercises on the following items shall be extended:

Unit 1: Drafting of Moot Problem: Civil and Criminal.

Unit 2: Pre trial observation, client interviewing techniques

Unit 3: Stages of trial: Civil and Criminal proceedings

Unit 4: Framing of issues

Unit 5: Tools of oral presentation, written presentation and memorials

Unit 6: Examination of witnesses.

The student must acquainted with civil and criminal matters a trial courts, high courts and other courts like family court, Labour court etc.

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.

The candidate shall get a minimum 20 marks at examination and 20 marks at college level to get aggregate of 40 percent.

Books Recommended:

1. Dr. Kailash Rai: Moot Court Pre-Trial Preparation and Participation in Trial Proceedings.

2. Amita Danda: Moot Court for Interactive Legal Education, Gogia Law Agency, Hyderabad.

3. Blackstone's: Books of Moots, Oxford University Press.

4. Mishra: Moot Court Pre-Trial Preparation and Participation in Trial Proceedings. 5. NRM Menon, Clinical Legal Education, Pre.Law Education Series, EBC

10.4 Insurance Law (Optional Legal)

5049 INSURANCE LAW

(Optional Legal)

Paper-IV

Unit-1 Contract of Insurance: Subject matter of the insurance principles applicable - Formation

of Contract.

Unit-2: Definition and meaning of the term insurance.

Unit-3: History of Insurance in England and India in brief butline.

Unit-4: Nature of Insurance Contract: Contract uberrima fidei Contract of Indemnity Contract of wager and conditional contracts.

Unit-5: Classification of Insurance - construction of Insurances policies.

Unit-6: General principle of insurance common to all branches insurable interest -premium

risk and proximate cause-non-disclosure-representations and Warranties assignment contribution

and subrogation-double insurance and over insurance-reinsurance.

Unit-7: Life Insurance: Nature and scope, definition, Kinds of life insurance, the policy formation of life insurance contract-Life insurance conditions, circumstances affecting the risk. assignment & nomination, amounts recoverable, persons entitled to payment, settlement of

claims and payment of money.

Unit-8: Fire Insurance: Definition and scope of fire insurance, nature of fire insurance contract, meaning of fire, formation of contract, insurable interest, indemnity, reinstatement, causa proxima, Kinds of policies, conditions in fire policies. The alteration, notice of abandonment, average conditions. Right after loss, amount recoverable.

Unit-9: Marine Insurance: Nature and scope of Marine Insurance contract, nature of the contract, the Marine Adventure. The step in Marine Insurance, Classification of Marine Policies, Deviation and change of voyage. The perils of the sea and Maritime perils, proximate cause. Loss: Partial, General average and particular over age: total loss actual total loss and constructive loss. Notice of Abandonment, Inchmaree clause, sue and labour clause, assumption, Burglary Insurance: Nature and scope, Meaning the term burglary, exceptions in the policy Accident Insurance: Nature and scope meaning, the risk Guarantee insurance: Nature and Scope, Contract, Contracts of Guarantee and insurance contracts, fidelity policies, insurance of debts. Unit-10: Liability Insurance: General, defense by insurer of assured, statutory subrogation, practice, employer's liability insurance.

Unit-11: Motor Vehicle Insurance: Relevant Provisions. Rights of Third parties. Clauses

restricting cover.

Unit-12: Statutory Materials: The Insurance Act 1938: 2. The Life Insurance Corporation Act,

1956: 3.The Marine Insurance Act 1963: 4. The General Insurance Act, 1972. The Motor

Vehicles Act.

Books Recommended:

1. M.N. Srinivasan: Principles of Insurance Law

2. K.S.N. Murthy, Modern Law of Insurance in India

3. Brijmohan Singh, Law of Insurance.

4. Mac Gillivray, Insurance Law

5. Porter, Insurance

6. Arnold's Marine, Insurance

7. Houseman, Life Insurance

8. Chambers Marine, Insurance Act, 1906

9. Collinvaux, Insurance

10. Johan Bird, Insurance

10.3 Intellectual Property Law

5048 INTELLECTUAL PROPERTY LAW

Paper-III

Unit-1: Introductory: The meaning of intellectual Property. The main forms of intellectual property: copy rights, marks, patents, designs. The competing rationales for protection of rights in Copyright Trademarks Patents designs Introduction to the leading international instruments concerning intellectual property rights: the Berne convention, Universal Copyright Convention, the Paris Union, the World Intellectual Property Rights Organization (WIPO) and the UNESCO; TRIPS; WIPO.

Unit-2: Meaning of Copyright Copy-right in literacy, dramatic and musical works. Copyright in Musical and Works and cinematograph films, Ownership of Copyright, Assignment of Copyright, Author's special rights. Infringement of copyright, Fair use Provisions, Remedies.

Unit-3: Intellectual Property in Trademarks: The rationale of protection of trademarks as (a) an aspect of commercial and (b) of consumer rights, definition, conception of Trade Marks, Registration; Distinction Between Trade Mark and Property Mark, Geographical Indicators. Unit-4: The law of intellectual property: Patents: Conception of Patent. Historical over view of the patent law in India. Patentable inventions with special reference to biotechnology products entailing creation of new forms of life, Process of obtaining a patent. Various grounds for

refusing patent grant.

Unit-5: Rights and obligations of a patentee, limitations and patents as chose in action,

Duration of Patents Law

Unit-6: Litigation in Copyright Law.

Unit-7: Litigation in Trade Mark Law

Unit-8: Litigation in Patents Law.

Books Recommended:

1. P. Narayanan: Patent Law, Eastern Law House.

2. Roy Chowdhary, S. K. & Other, Law of Trademark, Copyrights, Patents and Designs.

3. Dr. G.B. Reddy, Intellectual Property Rights and the Law, Gogia Law Agency.

4. John Holyoak and Paul Torremans, Intellectual Property Law.

5. B.L. Wadhera, Intellectual Property Law, Universal Publishers.

6. W.R. Cornish, Intellectual Property Law, Universal Publishers.

10.2 Public International Law

5047 PUBLIC INTERNATIONAL LAW

Paper-II

Unit-1: Basic Aspects of International Law:: Nature and Basis of International Law, Definition of International Law, Relationship between Muncipal Law and International Law, Sources of International Law (Treaties custom, general principles, recognized by civilized Nation, ICJ decisions).

Unit-2: State as subject of international law: Essentials of statehood- not fully sovereign states and other entities, Right and duties of states, Modes of acquisition and loss of state territory, State responsibility.

Unit-3: Recognition, Succession: Concept of recognition, theories, kinds and consequences of

recognition, recognition.

Unit-4, Individual as a subject of International Law: The Basic modification, post charter position: Nationality, Extradition, UNO & Human Rights, UDHR, Covenant on Civil Political Rights, 1966, Covenant on Economic Social and Cultural Rights, 1966.

Unit-5: Equitable resource utilization and justification: Law of the Sea Air, Law of Outer Space, Common Heritage of Mankind. Unit-6: State Jurisdiction: Basis of Jurisdiction, Sovereign Immunity, Diplomatic Privileges and Immunities.

Unit-7: Treaties: Making of Treaty, Reservations to treaty, Pacta sunt servanda, Modes of

termination of treaty.

Unit-8: UNO, Principles and Purpose of UNO, Security Council (Composition, powers and functions), General Assembly (Composition, powers and functions, ECOSOC (Composition, powers and functions) Trusteeship Council, ICJ (Composition, types of jurisdiction) Unit-9: International Economic Institutions: a) WTO (Organization and functions) b) IMF (Compositions, powers and functions) c) IBRD (Composition, powers & function) and d) UNCTAD.

Books Recommended:

1. Oppenhiem, International Law, Longman, 9th Edn

2. Ian Bronnlie, Principles of Public Internal Law Oxford University Press,

3. Malcom N Shaw, International Law, Cambridge Publication.

4. H.O Agarwal;. International Law and Human Rights, Central Law Publications Allahabad. 5. S.K.Kapoor, Public International Law, Central Law Agency.

6. J.G.Starke, Introduction to International law, Aditya Books, New Delhi.

7. S.K. Varma, An Introduction to International Law, Printice Hall of India, New Delhi

8. Bowett, International Institutions.

9. International Law; Sir Robert Jennings and Sir Arthur Watts (ed) Longman

10.1 Civil Procedure Code and Limitation Act

5046 CIVIL PROCEDURE CODE AND LIMITATION ACT

Paper - 1

Unit-1: Introduction: Conceptions of Civil Procedure in India before the advent of the British

Rule, Evolution of Civil Procedure from 1712 to 1901, Principal features of the Civil Procedure Case. Importance of State Amendments. Types of Procedures - Inquisitorial and Adversary Importance of observance of procedure. Law Reforms, the Code of Civil Procedure (Amendment) Act, 2002.

Unit-2: Suits: Concept of Law Suit, Order 1, Parties to Suit, Order II, Frame of Suit, Order IV. Institution of suits, Bars & Suit: Doctrines of Sub Judice & Res Judicata, Place of Suing (Section 15, 20) Territorial Jurisdiction., "Cause of Action" and Jurisdictional Bars, Summons (Sections 27,28,31. Orders IV.VI,IX), Service of Foreign Summons (Section 29). Power for

Order (Section 30 order XI).

Unit-3: Pleadings: (Order VI), Material Facts, Forms of Pleading, Condition Precedent. Presumptions of Law, Striking Out/Amendment. Plaint: (Order VII), Particulars (esp., in money suits/suits for immovable Property). Showing of doferosni's interest and liability. Ground of Limitation, Return of Plaint, Rejection of Plaint, Production and listing of Documents, Written Statement, Counter Claim, Set off, Framing of issues; Appearance and Examination:, Appearance, Ex-parte procedure, Default of Portion, Summoning and attendance of witnesses, Examination. Admissions, production, importing, return of documents, hearing, affidavit; Adjournments:, Order XVII. Adjournment, Judicial Discretion& problems Arrears; Unit-4: Judgment and decree: Concepts of judgment. Decree, and Interim Orders and stay Injunctions, Appointment of Receivers, Costs. Execution: (Order XXI), Concept of "Execution", General Principles of Execution, Power for Execution of Decrees (Section 38-46), Procedure for Execution (Section 51-54), Enforcement: Arrest and Detention (section 55-59), Attachment (Section 60-64), Sale (Section 65-67).

Unit-5: Suits in Particular Cases: Suits by or against Government (Section 79-82), Suits by Aliens and by or Against Foreign Rulers, Ambassadors and (Section 91-93), Suits relating to public matters, Incident and supplementary proceedings (Section 75-78, 94-95), and Suits against Minors, persons with unsound mind, indigent persons etc., Inter pleader suits.

Unit -6: Appeals: Appeals from Original Decrees (Section 96-99-A) and Order XLI., Appeals from Appellate Decrees (Sections 100-101). Appeals from Orders (Sections 104-106) (Order XLII), General Provisions Relating to Appeals (Section 107-108), Appeals to the Supreme Court (Section 108).

Unit-7: Commissions: The Rationale of Commissions, Order XXVI, Socio-Legal Commissions

of Inquiry in "Social Action" or "Public Interest Litigation". Unit -8: Limitation: Concept of Limitation - Why limitation, General principles of limitation, Extension - sufficient causes-acknowledgment, Legal disability-Condonation - when comes

to an end, Limitation Act, 1963 (excluding Schedules). Books Recommended:

1. .K. Takwani: Civil Procedure, 4 Edition, Eastern Book Co., Lucknow, 2007. 2. A.N. Saha: Code of Civil Procedure

3. Mulla: Code of Civil Procedure: Tripathi (Abridged Edition), (Student Edition).

4. B.B.Mitra: Limitation Act, 17 Edition, Eastern Law House, Calcutta, 1974, Allahabad, 1973.

5. Sanjiva Row: Limitation Act, 7 Edn. (in 2 Vol.s), Law Book Co., Allahabad, 1973.

6. Sanjiva Row: Code of Civil Procedure, 3 rd Edn, (in 4 Vols), Law Book Co., Allahabad. 7. AIR Commentaries on Limitation Act, W.W. Chitaley, AIR Ltd., Nagpur.