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Objectives :
Criminal Procedure is being taught as a compulsory paper at the level of LL.B. today. However, a jurisprudential thrust has to be given to this subject at the post-graduate level as this is a subject which has constitutional undertones and jurisprudential importance. A study of comparative criminal procedure helps students develop an ecumenical approach and broadens their vision. It inspires them renew and revise laws to be in tune with developed systems. The paper is taught with reference to India. England and France.
Syllabus :
1. Organization of Courts and Prosecuting Agencies :
1.1. Hierarchy of criminal courts and their jurisdiction
- Nyaya Panchayats in India.
- Panchayats in tribal areas.
1.2 Organizations of prosecuting agencies for prosecuting criminals.
- Prosecutors and the police.
1.3 Withdrawal of prosecution
2. Pre-trial Procedures :
2.1 Antes and questioning of the accused
2.2 The rights of the accused
2.3 The evidentiary value of statements / articles seized / collected by the
police
2.4 Right to counsel
2.5 Roles of the prosecutor and the judicial officer in investigation
3. Trial Procedures :
3.1 The accusatory system of trial and the inquisitorial system,\m
3.2 Role of the judge, the prosecutor and defense attorney in the trial
3.3 Admissibility and inadmissibility of evidence
3.4 Expert evidence
3.5 Appeal of the court in awarding appropriate punishment
3.6 Plea bargaining
4. Correction and Aftercare Services :
4.1 Institutional correction of the offenders
4.2 General comparison - Aftercare services in India and France
4.3 The role of court in correctional programmes in India
5. Preventive Measures in India :
5.1 Provisions in the Criminal Procedure Code
5.2 Special enactments
6. Public Interest Litigation :
6.1 Directions for criminal prosecution
Select bibliography :
Celin Hamptom. Criminal Procedure
Wilkins and Cross. Outline of the Law of Evidence
Archbold, Pleading, Evidence and Practice in Criminal Cases, Sarkar Law of
Evidence
K.N. Chandrasekharan Pillai (ed.), R.V. Kelkar's Outlines of Criminal Procedure
(2000), Eastern, Lucknow
Patric Devlin, The Criminal Prosecution in England.
American Series of Foreign Penal Codes, Criminal Procedure Code of Peoples,
Republic of China
John N. Ferdico, Criminal Procedure (1996), West
Sanders Van Den Wyngart, Criminal Procedure Systems in European
Community, Joel Samaha, Criminal Procedure (1997), West
Criminal Procedure Code, 1973
The French Code of Criminal Procedure
14th and 41st Reports of Indian Law Commission
The Paper will be taught with reference, wherever necessary, to the procedures
in India, England and France.
Objective :
Juvenile delinquency is considered an important branch of criminology. The impact of juvenile delinquency upon the formation of Indian criminology tradition does not seem to be noticeable. No understanding of crimes and treatment of offenders can be complete without a sure grasp of causes, carrots, and cures of juvenile delinquency. Increasingly it is being also realized that young offenders require a wholly different center of criminal justice system and should not be treated in the same way as the adult offenders. Juvenile Justice System, although a part of the criminal justice system has now its own autonomous characteristics. In addition, the state and the law have to deal with juveniles in certain situations, as parents patria. The category of neglected children' defines the burdens of care which state and society have to assume for neglected children. Most categories of neglected children are also themselves the victims of crime. The institutional care of children poses its own distinctive dilemmas. These, too, should be discussed, especially, at the level of recourse investment compared with the extent of need.
1. The Basic Concept :
1.1 The conception of 'child' in Indian Constitution and
Penal Code
1.2 Delinquent juvenile
1.3 "Neglected" Juvenile
1.4 The overall situation of children/young persons in India, also with
reference to crime (of crime by and around
children).
2. Determining Factors of Juvenile Delinquency :
2.1 Differential association
2.2 Anomie
2.3 Economic pressure
2.4 Gang sub-culture
2.5 Peer group influence
2.6 Class differentials
3. Legislative Approaches :
3.1 Legislative approaches during the late colonial era
3.2 Children's Act
3.3 Legislative position in various States
3.4 The Juvenile Justice Act
- Constitutional aspects
- Distinction between "Neglected" and "delinquent"
juveniles
- Competent authorities
- Proconsul safeguards for juveniles
- Powers given to government
- Community participation as envisaged under the Act
4. Indian Context of Juvenile Delinquency :
4.1 The child population percentage to total sex-ratio,
urban/rural/rural-urban.
4.2 Neglected - below poverty line, physically and mentally disabled, orphans,
destitute, vagrants
4.3 Laborers :
- In organized industries like zari, carpet, bidi, glass
- In unorganized sector like domestic servant, shops and establishments,
rag-pickers family trade.
4.4 Delinquent -number, sex-ratio, ratio to adult crime, types of offences
committed, recidivism rate of increase
background.
4.5 Drug attract
4.6 Victims
- Of violence - sexual abuse, battered, killed by parents
- Of criminal activities like bootlegging, drug pollution as a response of
protective approach.
5. Judicial Contribution :
5.1 Social action litigation concerning juvenile justice
5.2 Salient judicial decisions
5.3 Role of legal profession in juvenile justice system
6. Implementation :
6.1 Institutions, bodies, personnel
6.2 Recruitment and funding agencies
6.3 Recruitment qualification and salaries or fund
6.4 Other responsibilities of each agency/person
6.5 Coordination among related agencies
6.6 Accountability - annual reports and accessibility of public to juvenile
institution.
7. Preventive Strategies :
7.1 State Welfare programmes health, nutrition, ICWS, grants-in-and.
7.2 Compulsion education
7.3 Role of community, family, voluntary bodies, individuals
Select bibliography :
National Institute of Social
Defense. Model Rules under
the Juvenile Justice Act, 1986 (1986)
K.S. Shukla, Adolescent Offender (1985)
United Nations, Beijing Rules on Treatment of Young Offenders (1985)
Myron Weiner, The Child and State in India (1990)
The United Nations Declaration on the Rights of Children
UNICEF periodic materials
A vitally important economic institution the banking
system is deeply influenced by socio-political and economic changes.
The emerging changes in India, particularly after the initiation of the planning
process as an instrument of rapid economic
development had molded and affected the banking structure, policies, patterns
and practices. A significant development in
the banking system is diversification in banks financing. The commercial banks
entered into the field of wide ranging financial
assistance to industry, both large and small scale, requiring the need for
social control of the banking system eventually
leading to the nationalization of banks.
The conventional banking system, found to be deficient for
planned developmental purposes, paved the way for developmental
banking. The fag end of the last millennium witnessed influx of foreign banking
companies into India and a shift in the banking
policy as part of the global phenomenon of liberalization. The legal system is
adopting itself into the new mores.
The course is designed to acquaint the students with the
conceptual and operational parameters of banking law, the judicial
interpretation and the new and emerging dimensions of the banking system.
As early as in 1601 one finds an excellent exposition
of the insurance idea expressed in these words of an Act of British
Parliament "the loss lightest rather easily, upon many than heavily upon
few". The insured person transfers from his own
shoulders to the insurers, who, in return for agreeing to assume a potential
risk of loss receive a payment known as premium.
The insurers rely on the probability that only some of the losses, they insure
against will in fact occur within any given period.
They calculate, therefore, that they will be left with a profit. The insurer on
the other hand, is better able to risk his capital
in trade since he knows that certain events which he cannot control, such as
fire, shipwreck, will not cause him to lose his
investment.
The insurance idea is an old-institution of transactional
trade. The age old from of insurance was the marine insurance. These
is nothing like disaster to set men's minds to work. Consequently in due course
of time fire and life insurance, made their
appearance. Within the last hundred years the insurance principle is being
extended wider. Today one finds insurance cover
for accidents, motor vehicles, glass, live stock, crop, burglary and various
other disasters.
Insurance is a device not to avert risks, calamities and
disasters; but to mitigate their rigors and financial losses. The function
of insurance is to spread such loss arising from risks of life over a large
number of persons.
The course is designed to acquaint the students with the
conceptual and operational parameters of insurance law in the
context of the development of the general principles of law and judicial interpretation to inform the students about the use
of law for the establishment of "just" order in insurance and to
develop the appreciative and evaluative faculties of the students.
Syllabus :
Section - 1 Introduction :
1. Introduction
1.1 Different kinds of banks and their
functions
1.2 Multi-functional banks - growth and legal issuers
2. Law Relating to Banking Companies in India
2.1 Controls by government and its
agencies
2.2 Suspension and winding up
2.3 Contract between banker and customer : their rights and
duties
3. Deposit Insurance :
3.1 The Deposit Insurance Corporation Act 1961 : Objects and reasons.
4. The Central Bank
4.1 The Reserve Bank of India as the
Central Bank
4.2 Functions of the RBI
5. Relationship of Banker and Customer
5.1 Legal character
5.2 Contract between banker and customer
5.3 Banking duty to customers
5.4 Consumer protection : banking as service
6. Negotiable Instruments
6.1 Meaning and kinds
6.2 Transfer and negotiations
6.3 Holder and holder in due course
6.4 Presentment and payment
6.5 Liabilities of parties
7. Recent Trends of Banking Systems in India
7.1 Automatic teller machine and use of
internet
7.2 Smart card
7.3 Credit cards
Section - 2 : Insurance Law :
1. Introduction
1.1 Nature of insurance contract, various kinds of insurance, proposal, policy, parties, consideration, need for utmost good faith, insurable interest, indemnity
2. General Principles of Law of Insurance
2.1 The risk - commencement, attachment
and duration
2.2 Settlement of claim and subrogation
2.3 Effect of war upon policies
3. Indian Insurance Law : General
3.1 The Insurance Act 1938 and the Insurance Regulatory Authority Act 2000.
4. Life Insurance :
4.1 Amounts recoverable under life
policy
4.2 Persons entitled to payment
4.3 Settlement of claim and payment of money
5. Insurance against Third Party Risks :
5.1 The Motor Vehicles Act, 1988
6. Property Insurance, and Miscellaneous Insurance Schemes : New Dimensions
6.1 Fire insurance
6.2 Agricultural insurance
6.3 Group life insurance
6.4 Mediclaim, Sickness Insurance
Select bibliography :
SECTION : 1
Basu, A. Review of Current Banking Theory and Practice
(1998), Macmillan
M. Hapgood (ed.), Pagets' Law of Banking (1989), Butterworths, London
R.Goode, Commercial Law (1995), Penguin, London
Ross Cranston, Principles of Banking and Bankers (1995), Eastern
M.L. Tannan, Tannan's Banking Law and Practice in India (1997), India Law
House, New Delhi, 2 volumes.
L.C.Goyle, The Law of Banking and Bankers (1995), Eastern
K.C. Shekher, Banking Theory and Practice in India (1999), UBS Publisher
Distributors Ltd., New Delhi.
M.Dassesse, S.Isares and G. Pen. E.C. Banking Law (1994) Lloyds of London
Press, London.
V.Conti and Hamun (eds.), Financial Markets : Liberalization and the Role of
Banks. Cambridge University Press, Cambridge (1993)
J. Dermine (ed.), European Banking in the 1990s' (1983), Blackwell, Oxford
C. Goodhart, The Central Bank and the Financial System (1995), Macmillan,
London.
S.Chapman, The Rise of Merchant Banking (1984), Allen Unwin, London
K. Subrahmanyam, Banking Reforms in India (1997), Tata McGraw-Hill, New Delhi.
Subodh Markandeya and Chitra Markandeya, Law Relating to Foreign Trade in
India : Being a Commentary on the Foreign Trade (Development and Regulation)
Act 1992, Universal Law Publishing Co. Pvt. Ltd., Delhi.
R.S. Narayana. the Recovery of Debts due to Banks and Financial Institutions
Act. 1993 (51 of 1993), Asis Law House, Hyerabad.
M.A. Mir, The Law Relating to Bank Guarantee in India (1992) Metropolitan
Book, New Delhi.
Anthony Pierce, Demand Guarantees in International Trade (1993), Sweet &
Maxwell
Ross Cranston (ed.), European Banking Law : The Banker - Customer Relationship
(1999), LLP, London.
Mitra, The Law Relating to Bankers Letters of Credit and Alhed Laws (1998),
University Book Agency, Allahabad.
R.K. Talwar, Report of Working Group on Customer Service in Banks Janakraman
Committee Report on Securities Operation of Banks and Financial Institution
(1993)
Narasimham Committee Report on the Financial System (1991) Second Report
(1999)
SECTION - 2
John Hanson and Christopals Henly, All Risks Property
Insurance (1999), LLP, Asia, Hongkong.
Peter MacDonald Eggers and Patric Foss. Good Faith and Insurance Contracts
(1998), LLP Asia. Hongkong.
Banerjee. Law of Insurance (1994), Asia Law House, Hyderabad.
Mitra B.C. Law Relating to Marine Insurance (1997), Asia Law House, Hyderabad.
JCB Gilmar and Mustill. Arnold on the Law of Marine Insurance (1981), Sweet
& Maxwell
Birds, Modern Insurance Law (1997), Sweet & Maxwell
Colinvaux's Law of Insurance (1997), Sweet & Maxwell
O'Mary on Marine Insurance (1993), Sweet & Maxwell
International Labour Office, Administration Practice of Social Insurance
(1985)
E.R. Hardy Ivamy, General Principles of Insurance Law (1979)
Edwin W. Patterson, Cases and Materials on Law of Insurance (1955)
M.N. Sreenivasan, Law and the Life Insurance Contract (1914)
Objectives :
Industrialization has played and has to play a very vital role in the economic development of India. In the post independent era industrial development is regarded, and hence employed, as principal means in the strategy for achieving the goal of economic and social justice envisioned in the Constitution. Corporations, both public and private, are viewed as a powerful instrument for development. In a developing society like India enormous varieties of consumer goods are manufactured or produced. Obviously, the situation raises the issues of procuring utilizing and managing the finances. For this purpose a science of financial management techniques has been evolved. The faculties of commerce, business and management studies have since last decades started to impart instruction so as to turn out sufficiently well equipped and adequately trained financial personnel. However the legal and juristic aspects of corporate finance have been more or less not effectively taken care of.
In view of the above perspectives the broad objectives of this course may be formulated as follows :
To understand the economic and legal dimensions of corporate finance in the process of industrial development in establishing social order in the context of constitutional values;
To acquaint the students with the normative, philosophical and economic contours of various statutory rules relating to corporate finance.
To acquaint the students with the organization, functions, leading and recovery procedures, conditions of lending and accountability of international, national and state financing institutions and also of commercial banks; and
To acquaint the students with the process of the flow and outflow of corporate finance.
Syllabus :
1. Introduction
1.1 Meaning, importance and scope of corporation finance
1.2 Capital needs-capitalization working capital securities - borrowings - deposits debentures
1.3 Constitutional
perspectives - the entries 37,43,44,45,46,47,52,82,85 of List - 1,
Union List; entry 24
of List - 2 - State List.
2. Equity Finance
2.1 Share capital
2.2 Prospectus - information disclosure
3. Debt Finance
3.1 Debentures
3.2 Creation of charges
3.3 Mortgages
4. Protection of Investors
4.1 Individual share holder right
4.2 Corporate membership right
4.3 Derivative actions
4.4 Qualified membership right
4.5 Conversion, consolidation and re-organization of shares
4.6 Transfer and transmission of securities
4.7 Dematerialization of securities
5. Corporate Fund Raising
5.1 Depositories - IDR (Indian depository receipts), ADR (American depository receipts), GDR (Global depository receipts)
5.2 Public financing institutions-IDBI, ICICI, IFC & SFC
5.3 Mutual fund and other collective investment schemes
5.4 Institutional investment - LIC, UTI and banks
5.5 FDI and NRI investment-Foreign institutional investment (IMF and World Bank)
6. Administrative Regulation on Corporate Finance
6.1 Inspection of account
6.2 SEBI
6.3 Central government of companies
6.4 RBI control
Select : Bibliography :
1. Alistair Hondson, The Law on Financial Derivatives (1998), Sweet Maxwell
2. Will's Ferran, Company Law and Corporate Finance (1999), Oxford
3. Jonathan Charkham, Fair Shares : the Future of Shareholder Power and Responsibility (1999), Oxford
4. Ramaiya A, Guide to the Companies Act (1998), Vol. I,II and III
5. H.A.J. Ford and A.P. Austen, Fords Principle of Corporations Law (1999), Butterworths
6. J.H. Farrar and B.M. Hanniyan, Farrar's Company Law (1998), Butterworths
7. Austenn R.P., The Law of Public Company Finance (1986), LBC.
8. R.M. Goode, Legal Problems of Credit and Security (1988), Sweet and Maxwell
9. Altman and Subhramanyan, Recent Advances in Corporate Finance (1985), LBC
10. Gilbert Harold, Corporation Finance (1956)
11. Henry F. Hoagland, Corporation Finance (1975)
12. Maryin M. Kristein, Corporate Finance (1975)
13. R.C. Osborn, Corporation Finance (1959)
14. S.C. Kuchhal, Corporation Finance : Principles and Problems (6th ed. 1966)
15. V.G. Kulkarni, Corporate Finance (1961)
16. Y.D. Kulshreshta, Government Regulationof Finance Management of Private Corporate Sector in India (1986)
17. Journals - Journal of Indian Law Institute, Journal of Business Law,
18. Chartered Secretary, Company Law Journal, Law and Contemporary Problems.
19. Statutory Materials - Companies Act and laws relating SEBI, depositories, industrial financing and information technology
