[Link].B. (Hons.

) SYLLABUS
Semester X
Jan – June 2024

COMPULSORY

PROFESSIONAL ETHICS 2–7

HONOURS

CRIMINAL JUSTICE SYSTEM 8 – 14

JUDICIAL REVIEW 15 – 18

OPTIONALS

WOMEN AND LAW 19 – 26

MEDIA AND LAW 28 – 33

LAW OF INSURANCE 34 – 39

LAW OF BANKRUPTCY AND INSOLVENCY 40 – 48

INTERPRETATION OF STATUTES 49 – 55

SOCIO ECONOMIC OFFENCES 56 – 63

 PROFESSIONAL ETHICS SEMESTER X
[Link].B. (Hons.) SYLLABUS
(SESSION: JAN-JUNE 2024)

Faculty Name Dr. Dipak Das Year/ Semester 5th Year / X Semester
Dr. Ankit Awasthi
Course Name Professional Ethics No. of Credits 04
Course Code NA Session 1 hour
Duration
No of Contact 60 Lectures Pre-requisite None
Hours
Introduction, The course aims to develop insights into the rules made by the Bar Council
of India with respect to the Professional etiquette of advocates in India. It
Course Objective
gives an outline of the Advocates Act, 1961 with the latest decisions of the
& Pedagogy Supreme Court and various High Courts including the Contempt of Courts
Act, 1971 and the Consumer Protection Act, 2019.

Lecture-based teaching pedagogy will be followed and case laws will also
be discussed in Socratic mode as per the requirement of the syllabus.

Course Objectives:

CO1- To give an insight into Historical aspects of the legal profession

in India.
CO2 -To discuss the transformation in the field of Legal education
especially in the Indian scenario.
CO3- To understand the actual working of the Advocates Act, 1961
along with BCI Rules.
CO4- To develop the understanding of the Professional Ethics
required for Lawyers in India.
CO5- To discuss the intersection between the Contempt of Court Act,
1971, the Consumer Protection Act, 2019, and the Advocates Act,
1961.
 CO6- To discuss the impact of globalization on the legal profession.

LEARNING OUTCOMES:
Upon completion of this course, students would be able to:

LO1- Understand the core values that shape the ethical behaviour of an advocate.
LO2 - Advocate’s rights and responsibilities to act in morally desirable ways, towardsmoral
commitment and responsible conduct.
LO3 - Integrating academic learning with experimental learning in a profession.

EVALUATION COMPONENTS

Evaluation Components Distribution of

Marks
Continuous Internal Assessment 25
Mid Term examination 25
End Term 50
Total 100
*Note: Pass marks 50% of the final grade.

COURSE PLAN

[Link]. Topics Lecture Sessions

1 History of Legal Profession in India 1-12
2 Profession Ethics and duties of Lawyers 13-26
3 The Advocates Act, 1961 27-30
4 Rights and Limitations of such Rights 31-40
5 Liability for Deficiency in service and wrongs committed by 41-50
Lawyers
6 Impact of Globalization on legal services in India 51-60

DETAILED SYLLABUS

UNIT CONTENT
This module contains the study of legal profession in India in ancient,
Module 1 medieval and especially the changes which the profession underwent
HISTORY OF during British rule and other related aspects essential to understand the
LEGAL history of legal profession in India.
PROFESSION IN It also includes Legal education especially to track changes in pre and
INDIA post globalization in Indian scenario.
 This module includes issues like need and necessity of ethics in the
Module 2 legal profession.
PROFESSIONAL In addition, duties of lawyers towards
ETHICS AND  his clients,
DUTIES OF  court including Bar and Bench relationship,
LAWYERS  public,
 his fellow attorneys,
 self,
 society, etc., will also be undertaken for discussion.
The module will also include role played by a lawyer in the
administration of justice and advocate’s duty towards legal reform and
duty to provide legal aid etc.
This module covers the Advocates Act, 1961 and relevant provisions
Module 3 of the Bar Council of India Rules.
ADVOCATES Special Emphasis to be given on:
ACT, 1961  Salient Features of the Act
 Admission and Enrolment of Advocates
 Disciplinary Actions
 Conduct of Advocates
 Rulemaking power of BCI and central government
The core contents of this module are right to practice, right to argue his
Module 4 case, right over his professional fees.
RIGHTS AND Decisions of courts on Advocate’s right to strike will be subject of
LIMITATIONS OF deliberation.
SUCH RIGHTS Conflicts of interests, lawyer’s versus client’s interests and limitations
of the rights of lawyers including restrictions on advertising, bar from
carrying on other professions, etc. will also be taken up for discussion.
This module includes essential skills of a lawyer, case laws and
Module 5 relevant enactments like Consumer Protection Act, 2019; the
LIABILITY FOR Contempt of Court Act, 1971 etc. which imposes liability upon an
DEFICIENCY IN advocate for the wrongs he commits in the course of his professional
SERVICE AND service.
OTHER WRONGS
COMMITTED BY
LAWYERS
The following important topics will be taken up for class discussion
Module 6 during the course:
IMPACT OF  Impact of Globalization on legal profession,
GLOBALIZATION  Legal outsourcing in India,
ON LEGAL  Role of advocate in providing legal aid services,
SERVICES IN  Advocate’s role in outside court/informal settlement of
INDIA disputes and,
 Age bar and entry into practice.

READINGS:
STATUTES, RULES AND REGULATIONS:
1. Advocates Act, 1961
2. Consumer Protection Act, 2019
3. The Contempt of Court Act, 1971
4. Bar Council of India Rules, 1985
5. The Legal Practitioners (Fees) Act, 1926

CASE LAWS:
 S. Ramachandra Rao v. S. Nagabhushana Rao (2022)
 Dilip Kundu And Another v. Mira Devi Agarwal and Others (2022)
 Thyssen Krupp Industries India Private Limited (S) v. Suresh Maruti Chougule And Others
(2022)
 A.K. Balaji v. The Government of India (2018)
 Bar Council of India v. A.K. Balaji (2018)
 Ex-Capt. Harish Uppal vs Union of India & Anr (2002)
 Balraj Singh Malik vs Supreme Court of India (2012)
 [Link] vs Union of India & Anr (2012)
 State of Punjab And Ors vs Ram Singh Ex. Constable (1992)
 Noratanmal Chouraria vs M.R. Murli & Anr (2004)
 R.D. Saxena vs Balram Prasad Sharma (2000)
 The Communist Party of India (M) vs Bharat Kumar & Ors (1997)
 Mahabir Prasan Singh vs M/S Jacks Aviation Private Ltd (1998)
 E. M. Sankaran Namboodiripad vs T. Narayanan Nambiar (1970)
 In Re: Hon’ble Justice Shri C.S. Karnan (2017)
 In Re: Vijay Kurle and others (2020)
 M.V. Jayarajan v. High Court of Kerala (2015)
 Hari Singh Nagra v. Kapil Sibal and others (2010)
 Abhyudaya Mishra v. Kunal Kamra (2020)
 Aditya Kashyap v. Rachita Taneja (2020)
 Surender Raj Jaiswal And Ors. vs Vijaya Jaiswal (2003)
 Jaymal Thakore vs Charity Commissioner (2001)
 Harishankar Rastogi vs Girdhari Sharma And Anr (1978)
 Bar Council Of India vs High Court Of Kerala (2004)
 V.P. Kumaravelu vs The Bar Council Of India, New Delhi (1997)
 Pandurang Dattatreya Khandekar vs The Bar Council Of Maharashtra, (1983)
 Kerala Vyapari Vyavasayi Ekopana vs State Of Kerala (2013)
 George Kurian vs State of Kerala (2004)
 In Re: Arundhati Roy vs Unknown (2002)

BOOKS AND ARTICLES

1. Raju Ramachandran, Professional Ethics: Changing Profession and Changing Ethics,

LexisNexis, Butterworths. (2nd Edition, 2014)
 7

2. P.B. Mukharji, Professional Ethics of the Advocate, University of Burdwan. (1975)

3. P. Ramanatha Aiyer, Legal & Professional Ethics- Legal Ethics, Duties & Privileges of a
Lawyer, Wadhwa Publications, Nagpur. (3rd edition, 2010)
4. Justice V.R. Krishna Iyer, Law, Lawyers and Justice, B.R. Publishing Corp. Delhi.
5. Stephen Gillers, Regulation of Lawyers: Problems of Law & Ethics, Little, Brown &
Com Boston Toronto, London. (12th edition, 2020)
6. Ross Grauston (ed.), Legal Ethics & Professional Responsibility, Clarendon Press,
Oxford. (1996)
7. Gary Bellow & Bea Moultan, The Lawyering Process: Ethics and Professional
Responsibility, The Foundation Press, Inc. (1981)
8. D.V. SubbaRao, Sanjiva Row’s The Advocates Act, 1961, LexisNexis, Butterworths.(7th
ed., 2005)
9. Nicolson and Webb, Professional Legal Ethics, Oxford University Press. (2000)
10. S.C. Sarkar, Hints on Modern Advocacy, Cross-Examination and Professional Ethics,
India Law House, New Delhi. (2002)
ONLINE ARTICLES/BLOGS/REPORTS:
1. History of legal profession in India, [Link]
the-legal-profession/history-of-the-legal- profession/
2. Globalization and its effects on legal profession
[Link]
3. Professional Ethics and Duties of Lawyers
[Link]
4. Rules on Professional Standards
[Link]
5. Advocate’s right to strike
[Link]
6. Aligning the Interests of Lawyers and Clients
[Link]
7. Impact of Globalization on legal profession
[Link]
perspective
8. Role of advocate in providing legal aid services
[Link]
9. Why Do Lawyers Enjoy Immunity Against Wrong Practices?
[Link]
10. Consumer Protection Act, 2019 and the legal profession
[Link]
profession/#Does_the_word_service_include_legal_service_in_its_scope_as_well
 8

CRIMINAL JUSTICE SYSTEM (HONOURS)

SEMESTER X | [Link].B. (HONS.)
SYLLABUS (January-June2024)

Faculty Ms. Hina Iliyas Year/ Semester X

Course Name Criminal Justice No. of Credits 6

System

Course Code NA Session duration 1 hour

No of Contact 60hours Pre-requisite None

Hours (Week)

Course Objective To comprehend the criminal justice system of a specific society, it is

& Pedagogy crucial to delve into the characteristics of law enforcement
agencies and their working culture. In India, the criminal justice
system is structured with multiple layers, encompassing processes
from investigation to correctional institutions. Nevertheless,
comprehending a particular system can be an intricate
undertaking. Therefore, the goal of my course outline is to explore
the interrelationship between the processes and players within the
criminal justice system. This course is designed based on
contemporary and pertinent issues of our time.

COURSE OBJECTIVES:

CO 1: To define and explain the key components of the criminal

justice system, including law enforcement, the judiciary, and
corrections.
CO 2: To explore the constitutional and legal principles that
underpin the criminal justice system.
CO 3: To analyze the functions and challenges of law enforcement
agencies.
CO 4: To examine the structure and function of the judiciary in the
criminal justice system.
CO 5: To investigate the purpose and methods of corrections,
including incarceration and rehabilitation
CO 6: To examine current issues, trends, and debates in criminal
justice policy.
 9

LEARNING OUTCOMES:

LO1- Students will be able to demonstrate a comprehensive understanding

of the structure, functions, and key components of the criminal justice
system.

LO2 – To develop the ability to critically analyze legal procedures, including

investigation, arrest, trial, and correctional processes within the criminal
justice system.

LO3 – To examine and evaluate ethical dilemmas and challenges faced by law
enforcement agencies, judicial bodies, and correctional institutions in the criminal
justice system.

LO4- To apply legal concepts and principles to real-world scenarios,

demonstrating an ability to connect theoretical knowledge with practical
situations within the criminal justice context.

L05- To assess the social justice implications and impact of criminal justice
policies and practices on diverse populations, considering issues of fairness,
equity, and human rights.

LO6- To critically examine contemporary reform initiatives and innovations

within the criminal justice system, considering their effectiveness and potential
for positive change.

1 |Page
 P a g e | 10

EVALUATION COMPONENTS

Evaluation Components Distribution of

Marks
Continuous Internal Assessment 25
Mid Term examination 25
End Term 50
Total 100
*Note: Pass marks 50% of the final grade.

COURSE PLAN
[Link]. Topics Lecture Sessions
1 Introduction to Criminal Justice System 1-10
2 Process and Players in the Criminal Justice System 11-20
3 The Law Enforcement Agency: Roles and Objectives 21-30
4 The Role of Judiciary in Criminal Justice system 31-40
5 Use of Technology in Criminal Justice System 41-50
6 Reform Initiatives and Contemporary Issues in the Criminal 51-55
Justice System
7 Revision of the Course 56-60

DETAILED SYLLABUS
UNIT CONTENT

Module 1 1. Overview of the criminal justice system

Introduction to
Criminal Justice 2. Historical development and key milestones
System
3. Different Models of Criminal Justice System

3.1 Adversarial Model of Criminal Justice System.

3.2 Inquisitorial Model.
3.3 Vedic and Islamic Models of Criminal Justice System.
3.4 Alternative Model of Dispute Resolution and its Development
in India.
 P a g e | 11

1. Crime, Police and the State

Module 2
2. Crime, Courts and Lawyers.
Process and
Players in 3. Crime, offenders and Victim Rights.
the Criminal
4. Crime and Gender.
Justice
System 5. Crime, Politics, Media and Public.
6. Comparative Analysis of Criminal Justice Systems

1. Policing Ethics, Discretion and Professional Conduct

Module 3
2. Understanding the Causes and Impacts of Police
The Law
Enforcement Corruptions
Agency: Roles
3. Police use of Force and Excessive Force: Situations
andObjectives
andGuidelines.
4. Rights and Liberties of the Individual in Relation to the
State, particularly addressing issues related to Life and
Liberty.
5. Navigating Legal Issues and Liabilities in Law Enforcement
1. Introduction to Judicial System
Module 4
2. Role of Judges in the Criminal Justice System
The Role
of 3. Judicial Review and Judicial Activism
Judiciary
4. Impact of Judicial Precedent
in
Criminal 5. Judges as Guardian and Protector of Human Rights.
Justice system
6. Access to Justice: Challenges and Solution

Module 5 1. Integration of technology in investigations and legal

Use of Technology proceedings
in Criminal Justice
System 2. Benefits and challenges of technology in criminal justice
3. Innovations and future trends in criminal justice
technology
4. Use of Forensic Sciences in Criminal Justice
4.1 Historical Development of Forensic Science
4.2 Principles of Forensic Science
4.3 Trace Evidence- Hair and Fiber. Glass Fractures, Tool
 P a g e | 12

marksand Paint and Soil.

5. Integration of Artificial Intelligence in the Criminal Justice
System
5.1 Introduction to AI in Criminal Justice
5.2 AI in Law Enforcement
5.3 AI in Legal Proceedings and Challenges
5.4 Case Studies and Practical Applications
6. Intersection of Artificial Intelligence and Forensic Science.

Module 6 1. Analysis of Legislative Changes and review of current

Reform
Reform Programs and Policies in Criminal Justice.
Initiatives
and 2. Innovative Approaches to Rehabilitation
Contempora
3. Equity Considerations in Reform Initiatives
-ry Issues in
the Criminal 4. Public Opinion and Criminal Justice Reforms
Justice
5. Comparative Analysis of reform efforts globally
System

READINGS:

STATUTES, RULES AND REGULATIONS:

1. The Prison Act, 1894

2. The Police Act, 1861

BOOKS AND ARTICLES

1. Walby, Sylvia, et al. “Law and the Criminal Justice System.” Stopping Rape:
Towards a Comprehensive Policy, 1st ed., Bristol University Press, 2015,
pp. 111–72, [Link]

2. Reddi, P. V. “Role of the Victim in the Criminal Justice Process.” Student Bar
Review, vol. 18, no. 1, Student Advocate Committee, 2006, pp. 1–24,
[Link]

3. Higgins, Andrew. “LEGAL AID AND ACCESS TO JUSTICE IN ENGLAND AND

INDIA.” National Law School of India Review, vol. 26, no. 1, Student
Advocate Committee, 2014, pp. 13–30,
[Link]

4. Lakshminath, A. “CRIMINAL JUSTICE IN INDIA: PRIMITIVISM TO POST-

MODERNISM.” Journal of the Indian Law Institute, vol. 48, no. 1, Indian
Law Institute, 2006, pp. 26–56, [Link]
 P a g e | 13

5. Härter, Karl. “Cultural Deviance, Political Crime, Public Media and Security:
Perspectives on the Cultural History of Crime and Criminal Justice in Early
Modern Europe.” Crime, Histoire&Sociétés / Crime, History & Societies, vol.
21, no. 2, LibrairieDroz, 2017, pp. 261–69,
[Link]

6. Shapland, Joanna. “VICTIMS, THE CRIMINAL JUSTICE SYSTEM AND

COMPENSATION.” The British Journal of Criminology, vol. 24, no. 2, Oxford
University Press, 1984, pp. 131–49,
[Link]

7. Benson, Bruce L. “Let’s Focus on Victim Justice, Not Criminal Justice.” The
Independent Review, vol. 19, no. 2, Independent Institute, 2014, pp. 209–
38, [Link]

8. Benson, Bruce L. “Let’s Focus on Victim Justice, Not Criminal Justice.” The
Independent Review, vol. 19, no. 2, Independent Institute, 2014, pp. 209–
38, [Link]

9. McGOWAN, ABIGAIL. “Convict Carpets: Jails and the Revival of Historic

Carpet Design in Colonial India.” The Journal of Asian Studies, vol. 72, no. 2,
[Cambridge University Press, Association for Asian Studies], 2013, pp.
391–416, [Link]

10. Kathuria, Sonam. “The Bargain Has Been Struck: A Case for Plea
Bargaining in India.” Student Bar Review, vol. 19, no. 2, Student Advocate
Committee, 2007, pp. 55–68,[Link]

11. Raman, Kartik Kalyan. “Utilitarianism and the Criminal Law in Colonial
India: A Study of the Practical Limits of Utilitarian Jurisprudence.” Modern
Asian Studies, vol. 28, no. 4, Cambridge University Press, 1994, pp. 739–91,
[Link]

12. Balakrishnan, K. G. “JUDICIARY IN INDIA: PROBLEMS AND PROSPECTS.”

Journal of the Indian Law Institute, vol. 50, no. 4, Indian Law Institute,
2008, pp. 461–67, [Link]

13. Bakshi, P. M. “CONTINENTAL SYSTEM OF CRIMINAL JUSTICE.” Journal of

the Indian Law Institute, vol. 36, no. 4, Indian Law Institute, 1994, pp. 419–
28, [Link]

14. Bag, R. K. “PERSPECTIVES IN VICTIMOLOGY IN CONTEXT OF CRIMINAL

JUSTICE SYSTEM.” Journal of the Indian Law Institute, vol. 41, no. 1, Indian
Law Institute, 1999, pp. 78–94, [Link]

15. The Criminal Justice System by Ronald G Burns (Pearson)

16. The Criminal Justice System in India by [Link] (Konark Publishers Pvt.
 P a g e | 14

Ltd)

17. Schneider, Johannes “Towards AI forensics: Did the artificial intelligence

system do it?” Journal of Information SecurityandApplications,vol.76, 2023,
[Link]

Text Books:

1. The Criminal Justice System by Ronald G Burns (Pearson)

2. The Criminal Justice System in India by [Link] (Konark Publishers Pvt.
Ltd)
3. The Juvenile Justice System in India: From Welfare to Rights by Ved
Kumari (Oxforduniversity Press 2010)

4. Indian Prisons: Towards Reformation, Rehabilitation and Resocialization

by K. Jaishankar(Atlantic Publishers and Distributors (P) Ltd)
5. [Link]-Forensic Science in Criminal investigation and trial.
6. Sodderman and O’Connell- Modern/Criminal investigation.
 P a g e | 15

JUDICIAL REVIEW (HONOURS SUBJECT)

Semester-VIII & X | B.A. LL.B. (HONS.)
SESSION (JAN-JUNE)

Faculty Name Ms. Aditi Singh Year/ Semester 5/ X

Course Name Judicial Review No. of Credits 6
Course Code NA Session 1 Hour
Duration
No of Contact 60 hours Pre-requisite Knowledge of
Hours Constitutional
Law

Introduction, Judicial review is the power of the courts of law to review the
Course Objective actions of the executive or the legislative branches and annul
& Pedagogy those actions where it finds them incompatible with the
constitutional principles. This concept has a long history and in
due course of time has become an essential feature of written
Constitutions of many countries. It aims to balance the entire
system of governance, protect the basic rights of the people, and
establish rule of law in the society. Judicial review is now firmly
established in India and is a basic feature of the Indian
Constitution. Its growth is the inevitable response of the judiciary
to ensure proper exercise of powers by the State and prevent any
violation of basic rights of the people.

Judicial review on one hand is one of the most important parts of

Constitutional law studies and on the other hand, it is a highly
complex and complicated system. Therefore, students of law
must have sufficient understanding of the subject. It is for this
reason that the course has been developed with the objective of:

CO1- familiarizing the students with the concept of Judicial

Review across various jurisdictions, the purpose it serves
and its distinctive features;
CO2 -developing an understanding about the scope of
Judicial Review across various domains like, Legislative,
administrative, and other types of governmental actions;
CO3- understanding the role played by writs as mechanism
of Judicial Review;
CO4- understanding the existing limitations of judicial
review and exploring other such limitations, if any; and
CO5- exploring the expanding horizons of judicial review.
 P a g e | 16

This subject requires teaching to be a combination of theoretical

foundation
with practical application. The class hours will be utilized in
catering a
blend of instruction as well as discussion. In addition to classical
commentaries, case laws and other materials, both in print, as
well from the web, shall be employed to provide one with source
documents, concerning the development articulation of the
principles. The students would be required to do at least one case
analysis on such relevant and contemporary judgments as may
be allocated to them.

LEARNING OUTCOMES: Through the curriculum, the students will be introduced to

the concept of Judicial Review, in all its forms and dimensions. At the end of the course,
the students will be able to:

LO1- have a deep understanding of the concept of judicial review in all its forms
LO2 –be equipped with the knowledge of how the courts make use of different
writs to exercise their power of review
LO3 - the various grounds on which legislative and executive actions can be
challenged and their respective limitations
LO4- learn the Constitutional and other limitations that restrict the power of
Judicial Review
LO5 – explore new and emerging concepts in the area of Judicial review

EVALUATION COMPONENTS
Evaluation Components Distribution of
Marks
Continuous Internal Assessment (1 & 2) 25
Mid Term examination 25
End Term 50
Total 100
*Note: Pass marks 50% of the final grade.

COURSE PLAN
[Link]. Topics Lecture
Sessions
1 INTRODUCTION 1-10
2 SCOPE OF JUDICIAL REVIEW 11-27
3 MECHANISM OF JUDICIAL REVIEW 28-38
4 GROUNDS OF JUDICIAL REVIEW 39-46
5 LIMITS OF JUDICIAL REVIEW 47-52
6 EXPANDING HORIZONS OF JUDICIAL REVIEW 53-60
 P a g e | 17

DETAILED SYLLABUS
UNIT CONTENT
1. Meaning
Module 1 2. Function and Significance
INTRODUCTION 3. Philosophical foundation/Justification
4. Historical Background- UK, USA, India
5. Basic Principles of Judicial Review
6. Judicial Review as a part of the Basic Structure
7. Judicial Review and Appeal-Distinction

Module 2 1. Judicial Review of Constituent Power

SCOPE OF 2. Judicial Review of Legislative Action
JUDICIAL REVIEW
3. Judicial Review of Administrative Action- Delegated
Legislation, Administrative Discretion, Administrative
Direction
4. Judicial Review of Powers of the President-
4.1. Ordinance making
4.2. Mercy Power

1. Meaning
Module 3 2. Habeas Corpus
MECHANISM OF 3. Mandamus
JUDICIAL REVIEW
4. Prohibition
5. Certiorari
6. Quo Warranto

1. Illegality
Module 4 2. Irrationality
GROUNDS OF 3. Procedural Impropriety
JUDICIAL REVIEW
4. Proportionality

1. Constitutional Limitation
Module 5 2. Implied Limitations
LIMITS OF 3. Exclusion of Judicial Review
JUDICIAL REVIEW
4. Judicial Self Restraint

Module 6 1. Judicial Activism and Judicial Overreach

EXPANDING 2. Public Interest Litigation
HORIZONS OF 3. Development of Human Rights Jurisprudence
JUDICIAL REVIEW
4. Impact of Judicial Review
 P a g e | 18

READINGS

Essential:
 H.M. Seervai: Constitutional Law of India: A Critical Commentary. [Delhi.
Universal Law Publishing Co. Ltd].
 [Link]: Constitution of India. Nagpur, LexisNexis Buttersworth Wadhwa.
 Jain, M.P., ‘Indian Constitutional Law’, Wadhwa and company, Nagpur, Fifth
Edition, 2005.
 Prasad Anirudh: ‘Judicial Power and Judicial Review’, Eastern Book Company
 Jha C.D., Judicial Review of Legislative Acts, LexisNexis Buttersworth Wadhwa
 D D Basu, Administrative Law, Kamal Law House, 6th Edition, 2005
 M P Jain & S N Jain, Principles of Administrative Law, Wadhwa Publications,
2008
Suggested:
 [Link]. An Introduction to the Study of the Law of the Constitution.
(Universal Law Publishing Co)
 Granville Austin: The Indian Constitution: Cornerstone of a Nation. [New Delhi,
Oxford University Press].
 Harry Woolf, Stanley A. De Smith, [Link],De Smith’s Judicial Review, Sweet &
Maxwell, 2007.
 Helen Fenwick, Judicial Review, LexisNexis, 2010
 Clive Lewis, Judicial Remedies in Public Law, Sweet and Maxwell, 2009
 Bhagawati Prasad Banerjee &Bhasker Prasad Banerjee, Judicial Control of
Administrative Action, Wadhwa& Co., Nagpur, 2001
Reports:
 Constituent Assembly Debates
 Law Commission Report, dated 26.9.1958
 Sardar Swaran Singh Committee Report
Cases (Essential):
 Minerva Mills Ltd vs Union of India AIR 1980
 [Link] Kumar v. Union of India 1997
 Supreme Court Advocates on Record Association vs Union of India 2015
 S.R. Bommai v Union of India 1995
 Marbury v Madison 1803
 McCulloh v Maryland 1819
 Thomas Bonham v College of Physicians 1610
 Kesavananda Bharati v. State of Kerala 1973
Cases (Others):
As may be discussed during the lectures
 P a g e | 19

WOMEN AND LAW (OPTIONAL PAPER)

SEMESTER VIII & X | [Link].B. (Hons.)
SYLLABUS (SESSION: JAN-JUNE)

Faculty Dr. KIRAN KORI Year/Semester 4th and

5th / VIII
&X
Course Name WOMEN & LAW No. of Credits 04
(OPTIONAL PAPER)

No. of 0 Each Session 1 Hour

Classes/Week 5 Duration

No. of contact 60 Pre-requisite Basic

hours understanding of
issues relating to
women and their
rights
Introduction,
Course In every civilized society norm of equality and liberty is the basis of
Objective & just society, free from arbitrariness. Women have long been suffered
Pedagogy and subjected to humiliation, inferiority of status and subordination
of opportunities. Therefore, the course aims to have radical
transformation in their status and historical attitudes. The course will
discuss the problems faced by women and the protection provided
under various criminal, personal and labor laws in India. The
students will be able to understand the jurisprudence of justice to
women from fetus to ashes, womb to tomb. For this purpose, we will
go through the chronological development of the status of women
from pre modernism to post modernism in society and through law.
The subject is aimed to trace the journey of status of women through
literature and judgments reiterating the flaws and loopholes and
attempts to overcome them; laws which were changed from
unambiguous, colorable and inconsistent ones to help bring justice.
The course will be taught by Lectures, Articles, discussions and moot
on Current Events.
 P a g e | 20

Thus, the main objective of this course, Women and Law is to trace
the development of woman laws through:

CO1- To give an insight into Women and Law in proper

perspective
CO2 – To understand the actual realization of women rights;
CO3- Analyze the contribution of legal instrument towards gender
equality
CO4- To sensitize the students towards persistent infringements
of women rights
CO5- To discuss the burning problems relating to women and
endeavor to redress them.

This subject requires teaching to be a combination of theoretical

foundation with practical application. The contact hours will be
utilized in catering a blend of instruction, discussion, and
brainstorming sessions. The students will be encouraged to
participate in classes via assignments in the form of paper writing etc.

LEARNING OUTCOMES: Through the curriculum, the students will be introduced to the
legal status of women in India and their rights in the contemporary scenario which will
enables students to:
LO1- Acquire knowledge on status of women in India through ages and gain
perspective into why were women considered a powerless group;
LO2 – Apply a systematic approach to eliminate on the ideas in the institutions
which marginalize, subordinate and accord secondary citizenship to women
underestimating their contribution;
LO3 – To acquire & apply legal knowledge to the complex Socio-legal problems;
LO4- To develop the understanding of National and International Instruments to
combat the issue of marginalization;
LO5 – to Identify and Understand the problems woman face in terms of
protecting their rights through the criminal Justice administrative system.
LO6- Apply and appraise the legal provisions enacted to ameliorate the
situations with special emphasis on the Indian criminal law and its scope,
applicability and shortcomings in the existing legal regime in this regard and
contribute towards positive development.

EVALUATION COMPONENTS

Evaluation Components Distribution of

Marks
 P a g e | 21

Continuous Internal Assessment 25

Mid Term examination 25
End Term 50
Total 100
*Note: Pass marks 50% of the final grade.

COURSE PLAN

S. Topics Lecture Sessions

No.

1 JURISPRUDENCE OF WOMEN AND LAW 1-10

2 INTERNATIONAL EFFORTS FOR HUMAN RIGHTS OF WOMEN 11-21

3 INSTITUTIONS SAFEGUARDING WOMEN RIGHTS 22-32

4 PROTECTION AND SAFEGUARDS UNDER PERSONAL LAWS 33-39

5 PROTECTION AND SAFEGUARDS UNDER LAW OF CRIME 40-47

6 SOCIAL SECURITY AND ECONOMIC EMPOWERMENT 48-54

7 REPRODUCTIVE RIGHTS VIS-À-VIS RIGHT TO MOTHERHOOD 55-60

 P a g e | 22

DETAILED SYLLABUS

UNIT CONTENT

MODULE 1
A. Gender Perspective: Definitions of
Woman and Gender; Gender Roles
JURISPRUDENCE OF
WOMEN AND LAW B. Historical Background and Status of
Women in India
1. Vedic Period
2. Post Vedic period
3. Medieval period
C. Women's Position during the British
Period
1. Social Reforms Movement
2. Nationalist Movement
D. Feminist Jurisprudence
1. Origin
2. Basic issues of Feminist Jurisprudence
3. Schools of Feminist Jurisprudence:
 School of Liberal Feminism
 School of Radical Feminism
 School of Cultural Feminism
 School of Post-Modern Feminism
 Feminism in India
 LGBTQ and women

MODULE 2 1. The United Nations Charter, 1945

2. Commission on the Status of Women, 1946
INTERNATIONAL EFFORTS 3. UDHR, 1948
FOR HUMAN RIGHTS OF 4. Convention on Political Rights of Women,1953
WOMEN 5. International Covenant on Civil and Political
Rights, 1966 (ICCPR)
 P a g e | 23

6. International Covenant on Economic, Social

and Cultural Right, 1966 (ICESCR)
7. Convention on the Elimination of All forms of
Discrimination Against Women, 1979
8. Sustainable Development Goals on Women
Empowerment

A. The Constitutional Provisions

MODULE 3
1. Fundamental Rights and Prohibition of
INSTITUTIONS Discrimination Against Women
SAFEGUARDING WOMEN 2. Provisions Relating to Women in
RIGHTS Directive Principles of State Policy and
Fundamental Duties
B. The National Commission for Women
C. Women’s Influence on Policy
Decisions
D. Judiciary And Women
E. Self Help Groups
1. Provisions for Marriage and Divorce
MODULE 4 2. Maintenance provisions under Special Marriage Act
and S.125 of CrPC.
PROTECTION AND 3. Rights of women in live-in relationship.
SAFEGUARDS UNDER 4. Law on Guardianship
PERSONAL LAWS 5. Right of women to adopt a child
6. Gender inequality in Inheritance Rights

1. Outraging the Modesty of Women

MODULE 5 2. Rape Laws
3. Offences related to marriage & cruelty (Law
PROTECTION AND related to Dowry Prohibition & Domestic
SAFEGUARDS UNDER LAW violence)
OF CRIME 4. Immoral Trafficking
5. Indecent Representation of Women
6. Cyber Crime and the Victimization of Women
 P a g e | 24

MODULE 6 Social Security Provisions of Women for Economic

Empowerment
SOCIAL SECURITY AND
ECONOMIC A. Labour Code: -
EMPOWERMENT
1. Equal Remuneration Act, 1976
2. Maternity Benefit (Amendment) Act, 2017
3. Provisions relating to Women Under Factories Act and
Other Labour and Industrial Legislations
B. Law Protecting Women against Sexual Harassment at
Workplace
C. Women In Unorganized Sector
D. Gender Budgeting

MODULE 7 Reproductive rights

1. Medical Termination of Pregnancy

REPRODUCTIVE RIGHTS
VIS-À-VIS RIGHT TO 2. Pre-conception & Pre-natal Diagnostics Techniques
MOTHERHOOD (PC & PNDT Act, 1994)

3. Motherhood through surrogacy

READINGS:

CASE LAWS:

1. Bobby Art International, Etc. v. Om Pal Singh Hoon & Ors (SC 1996)
2. Joseph Shine [Link], [2018 SCC online SC 1676]
3. Laxmi v Union Of India [2014 SCC 4 427]
4. C.B. Muthamma [Link] of India [1979(4)SCC260
5. Air India and others [Link] Meerza,1982 SCR(1)438
6. Richa Mishra v. State of Chhattisgarh (2016) 4 SCC 179
7. Charu Khurana v. UOI, WRIT PETITION (CIVIL) NO. 78 OF 2013 decided
by SC on November10, 2014
8. Vishakha v State of Rajasthan (1997) 6 SCC 241
9. Medha Kotwal v.U.O.I (2013)1SCC 297
10. Municipal Corporation of Delhi v. Female Workers (MusterRoll) and
Another, (2000) 3 SCC 224
11. Sabu Mathew George v. Union of India & Ors (2008 SC)
12. Vinod Soni [Link], 2005 Bombay High Court
13. S.R. Batra and Anr [Link] Batra,(SC 2006)
 P a g e | 25

14. Hiral P. Harsora And Ors v. Kusum Narottamdas Harsora¸ 2016 SCC
OnLine SC 1118, decided on 06.10.2016
15. All India Democratic Women's Association and Janwadi Samitiv. Union of
India & Ors., 1989 SCR (2)66
16. Centre for enquiry into Health and Allied themes (CEHAT) v Union of
India, Writ Petition (civil) 301 of 2000

BOOKS:
1. Mamta Rao, Law Relating to Women and Children, Eastern Book Company, 4th
Edition, 2019.
2. Lalita Dhar Parihar, Women and Law, Eastern Book Company, 2011
3. SC Tripathi and Vibha Arora, Law relating to Women and Children, Central Law
Publication, 2006
4. Kalpana Kannabiran (ed.), Women and Law : Critical Feminist Perspective, Sage
Publications India Pvt. Ltd., 2014
5. Geetanjali Gangoli, Indian Feminisms: Law , Patriarchies and violence in India,
Ashgate Publishing Company, 2007
6. DK Tiwari & Mahmood Zaidi, Commentaries on Family Courts Act, 1984,
Allahabad Law Agency, 1997
7. BN Chattoraj, Crime against Women: A Search for Peaceful Solution, LNJN-
NICFS,
2007
8. Nomita Agarwal, Women and Law, New Century Publishing House, 2005
9. Manjula Batra, Women and Law & Law Relating to Children in India, Allahabad
Law Agency, 2001
10. Moira Gatens, “A Critique of the Sex/GenderDistinction” in A Phillips ed.
FEMINISM AND SUBJECTIVITY, pp. 139-154
11. Carol Pateman, “Feminist Critique of the Public and Private” in A Phillips ed.
Feminism and Equality, pp. 103-123
12. Usha Ramanathan, “Reasonable Man, Reasonable Woman and Reasonable
Expectations” in Amita Dhanda, Archana Parashar (ed) ENGENDERING LAW,
pp.33-70, Eastern Book Company 1999.
[Link]
13. Ratna Kapur and Brendia Cossman, Subversive Sites: Feminist Engagements
with Law in India 43-75, 1996.
14. Alison Jagar “Introduction: Living with Contradictions: Controversies in Feminist
Social Ethics” Westview Press, 1994
15. Heywood,“Feminism in Political Ideology:An Introduction” pp.252-265 Palgrave
McMillan, 2004.
16. Ved Kumari, “Gender Analyses of Indian Penal Code” in Amita Dhanda, Archana
Parashar (ed) ENGENDERING LAW Essays in Honour of Lotika Sarkar, pp.139-
 P a g e | 26

160, Eastern Book Company, 1999

[Link]
17. Usha Tandon and Sidharth Luthra, “Rape: Violation of the Chastity or
Dignity of Woman? A Feminist Critique of Indian Law”, FICHL Policy Brief
Series No.51 2016
[Link]
2016 Tandon Luthra_.pdf.
18. Sarla Gopalan, TOWARDS EQUALITY – THE UNFINISHED AGENDA – STATUS
OF WOMEN IN INDIA 2001. National Commission for Women.

ARTICLES (Online)
1. Saryal, S. (2014). Women’s Rights in India: Problems and Prospects. International
Research Journal of Social Sciences, 3(7), 49-53
[Link]
2. India: The Legal Framework for Women and Work. (2012).
[Link]
3. Chapter III. Indian Laws for the Protection of Women’s Rights against Domestic
Violence.
[Link]
[Link]
4. 2022 and women's rights: Key Supreme court judgments that changed scenario
in India
2022 and Women's Right: Key Supreme Court Judgements that changed scenario
in India ([Link])
5. Trajectories of Women’s Property Rights in India: A Reading of the Hindu Code
Bill
Trajectories of Women’s Property Rights in India: A Reading of the Hindu Code
Bill ([Link])
6. Women and Law, Legal Awareness programme by National Legal Services
Authority in collaboration with National Commission for women.
[Link]
7. Speeches and Writings of M.K Gandhi, “On Womanhood”
[Link]
8. Self-Expression in the Cyber World: Challenges for a Woman by Nasrina Siddiqi,
Sage publications.
[Link]
9. Abused but ‘Not Insulted’: Understanding Intersectionality in Symbolic Violence
in India
[Link]
10. Gender discrimination in devolution of property under Hindu Succession Act,
1956
[Link]
11. Where will all women work
 P a g e | 27

[Link]
12. DYNAMICS OF WOMEN’S MOVEMENT IN INDIA: Lecture Series II
[Link]
SERIES%20No.%[Link]
REPORTS (Online)
1. Towards equality report of the Committee on the Status of Women in India,
1975, Department of Social Welfare, Government of India
Towards equality report of the Committee on the Status of Women in India |
INDIAN CULTURE
2. Analysis of Union Government’s Gender Budget Statement, 2021-2022
[Link]
[Link]
3. Marital Cruelty and 498A: A Study on Legal Redressal for Victims in Two States
[Link]
n_Legal_Redressal_for_Victims_in_Two_States.pdf
4. Union Budget 2020-21 and the Gender Budget Statement: A Critical Analysis
from a Gender Perspective
[Link]
5. National Consultation Gender & SDGs:Report
[Link]
s%20Consultation%202-3%20February%202020_0.pdf
6. Status of Gender Equality in India Joint Stakeholders report for the 3rd Universal
Periodic Review on women and LGBTI issues
[Link]
[Link]
 P a g e | 28

MEDIA AND LAW (OPTIONAL PAPER)

SEMESTER VIII AND X | [Link].B. (Hons.)

SYLLABUS (SESSION: JAN-APRIL 2024)

Faculty Name Prof. (Dr.) V.C. Vivekanandan Year/ 4/VIII and 5/X
Mr. Abhinav K Shukla Semester
Course Name Media and Law No. of 4
Credits
Course Code NA Session 1 Hour
Duration
No of Contact 60 Pre- None
Hours requisite
Introduction, This course discusses the principles of media law as they apply to
Course Objective the work of media and communications professionals in a variety
& Pedagogy of fields. Understanding the current and evolving state of media
law is a challenging task, therefore this course will introduce
students to the study of legal and ethical issues in the media.
Students will develop an understanding and appreciation of
these issues and the ability to analyze the important legal and
ethical issues involved with the mass media industry.
The course specializes in law and is aimed to cover an overview
of the relevant statutory and regulatory provisions, judicial
precedents, and practical aspects of various sectors such as
Electronic and Print Media, Film, Television, Radio, Information
Technology and Broadcasting.

The objectives of the course are:

CO1 -To understand how media policies and regulations enable
or constrain effective media environments.
CO2 - To understand the obligations and rights of media
practitioners in the execution of their duties.
CO3 - To understand some of the problems and limitations of
applying old media laws in new media environments.
CO4 - To understand the changing media landscapes and their
possible legal implications.
 P a g e | 29

This subject requires teaching to be a combination of theoretical

foundation with practical application. The contact hours will be
utilized in catering a blend of instruction, discussion, and
brainstorming sessions. The enrolled students will be
encouraged to participate in classes via minor assignments in the
form of quiz, MCQs or addressing an issue based on facts and
ongoing contemporary issues such as media trials.

LEARNING OUTCOMES: This course is an attempt towards imparting knowledge of

various aspects of media law process and upon successful completion of this course
student will be able to:
LO1- To achieve aims to introduce broader constitutional mechanism protecting and
regulating the freedom of press in India.
LO2- To establish a co-relationship with the Constitutional objective of free speech and
expression, and existing Rights and Restrictions governing the media, an essential pillar
of Democratic Governance
LO3- To enable the students to understand the ecosystem of digital media platforms
along with the existing television and cinema
LO4 - To introduce the learners to the nuances of the changing media scenario in terms
of production of media content

EVALUATION COMPONENTS
Evaluation Components Distribution of
Marks
Continuous Internal Assessment 25
Mid Term examination 25
End Term 50
Total 100
*Note: Pass marks 50% of the final grade.

COURSE-PLAN

[Link]. Topics Lecture

Sessions

1. Media and Law: An Introduction 08

2. Freedom of Speech and Expression in India: Constitutional 14

framework
 P a g e | 30

Regulatory Framework of Media: Regulators and Regulations

3. 08

4. Right to Privacy vis a vis Media Rights 10

5. Right to Information: Informative and Investigative 10

Journalism
6. Contemporary Development in Media and Law 10

DETAILED SYLLABUS

Module I
 Evolution of Media

Media and Law: An  Meaning and Types of Media

Introduction  Importance of Media

 Theories related to Media

Module II  Meaning and development of Freedom of Speech

and Expression
Freedom of Speech and
 Position of Media in Indian Constitution
Expression in India:
 Disseminating the facets of Media: Under Article
Constitutional
19(1)(a):
Framework
oRight to circulate
oRight to criticize
oRight to conduct interviews
oRight to express beyond national boundaries
oPublication of parliamentary proceedings
oReasonable Restrictions – Article 19(2)
o Rights of Media under Article 19 (1) (g)
 P a g e | 31

Module III
 Press Council of India
 Akashvani - All India Radio (AIR)
Regulatory Framework of
 Prasar Bharati (Broadcasting Corporation
Media: Regulators and
of India)
Regulations
 TRAI
 ECI: Model Code of Conduct; Exit Polls and
Opinion Polls
 Laws and Ethics related to Advertisement
 Legal Dimensions of Media
 Censorship of Media
 Self Regulation & Other Issues

Module IV  Definition of Privacy and its Origin.

Right to Privacy Vis a Vis  Privacy and the Right to Freedom of Speech
Media Rights and expression
 The Law on Privacy in India

Module V  Evolution of the Right to Information

 Laws that License Secrecy
Right to Information  Judicial Recognition of the Right to
Information
 Salient Features of The Right to Information
Act, 2005

Module VI  Media Trial

 Reporting of judicial proceedings and sub
Contemporary judice matters
Development in Media  Right to Access Internet
and Law
 Freedom v. National Security
 Contempt v. Criticism

NOTE: Since many legislative amendments and court decisions could be handed down on
the topics covered herein above after this syllabus has been made applicable, students
are expected to study all such latest amendments and court decisions also, on the topics
mentioned in the aforesaid syllabus. The topics and cases are not exhaustive.
 P a g e | 32

READINGS:

STATUTES, RULES AND REGULATIONS:

1. Cable TV Network Rules, 1994 (‘Cable TV Rules’)
2. Cable TV Networks (Regulation) Act, 1995 (‘Cable TV Act’)
3. Constitution of India, 1950
4. Indecent Representation (Prohibition) Act, 1986
5. Indian Penal Code, 1860
6. Programme and Advertising Code (the ‘Programme Code’ or ‘Code’)
7. Right to Information Act, 2005
8. The Drugs and Magic Remedies (Objectionable) Advertisements Act, 1954
9. The Telecommunications Act, 2023

CASE LAWS:
1. ABP Pvt Ltd. v. Union of India, (2014) 3 SCC 327 01
2. Bennett Coleman & Co. v. Union of India, AIR 1973 SC 106
3. Bharat Kumar v. State AIR 1997 Ker. 291.
4. Bijoe Emmanuel v. State of Kerela , (1986) 3 SCC 615
5. Hamdard Dawakhana v. Union of India (AIR 1960 SC 554)
6. Indian Express Newspapers v/s Union of India (1985)1SCC 641
7. MSM Sharma v. Krishna Sinha, AIR 1959 SC 395
8. Naveen Jindal v. Zee Media Corporation Ltd, (2014) 2 SCC 1
9. Prabha Dutt v. Union of India, 1982 SCR (1) 1184
10. Prabha Dutt vs Union Of India & Ors (1982 AIR, 6 1982 SCR (1)1184
11. Rajagopal v. State of Tamil Nadu, 1994 SCC (6) 632
12. Romesh Thappar v. State of Madras, 1950 AIR 124, 1950 SCR 594
13. Sakal Papers v/s Union of India A.I.R. 1962 SC 305
14. Secy., Ministry of Broadcasting v. Cricket Association of Bengal, (1995) 2 SCC
161
15. Shreya Singhal v. Union of India, (2015) 5 SCC 1
16. Swatanter Kumar v. The Indian Express Ltd, 207 (2014) DLT 221 57
17. Tata Press Ltd. V. MTNL (1995) 5 SCC 139; AIR 1995 SC 2438
18. Texas v. Johnson 491 U.S. 397 (1989)

BOOKS AND ARTICLES

 [Link]. An Introduction to the Study of the Law of the Constitution,
Universal LawPublishing Co
 Andrew D. Murray, IT Law: The Law and Society, Oxford University Press, 2010.
 Aparna Viswanathan, Cyber Law-Indian & International Perspectives,
LexisNexisButterworths, 2nd edn. 2011.
 Austin Granville: The Indian Constitution: Cornerstone of a Nation. New Delhi,
 P a g e | 33

OxfordUniversity Press.
 Austin, Granville. Working a Democratic Constitution: A History of the
IndianExperience. New Delhi: Oxford University Press
 D.D. Basu Law of the Press, Wadhwa Nagpur, 2002
 D.D. Basu, The Law of Press of India (1980)
 [Link], Commentary on the Constitution of India, Wandhwa Nagpur, Vol.
2, 8thedn., 2007
 [Link], Constitutional Law of India Vol.I (1991)
 Justice E.S. Venkatramaiah, Freedom of Press : Some Recent Trends (1984)
 Lok Sabha Secretariat. Constituent Assembly Debates. 5 Vols. New Delhi: Lok
SabhaSecretariat.
 Madhavi Goradia Divan, Facets of Media Law, 2nd Edn., 2018
 Rajeev Dhavan “On the Law of the Press in India” 26 J.I.L.I. 288 (1984)
 Rajeev Dhavan, “Legitimating Government Rhetoric : Reflections on Some
Aspects of the Second Press Commission” 26 J.I.L.I. 391 (1984)
 Ram Jethmalani & D.S. Chopra, Cases and Materials on Media Law, Thomson
Reuters, 1st edn., 2012.
 Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols. 4th
ed. NewDelhi: Universal Law Publishers, 2006.
 Singh, M. P., and V. N. Shukla. Constitution of India. 11th ed. Lucknow: Eastern
BookCo., 2010.
 Soli Sorabjee, Law of Press Censorship in India (1976)

ONLINE ARTICLES/BLOGS/REPORTS:
1. NDTV India ban: A case of regulatory overreach and insidious censorship?
[Link]
overreach-and-insidious-censorship
2. NDTV Ban Order,
[Link]
3. MEDIA AND JUDICIARY: REVITALIZATION OF DEMOCRACY,
[Link]
4. Media Influence on Courts: Evidence from Civil Case Adjudication,
[Link]
5. MEDIA AND LAW: Privileges and Specific Rights
[Link]
m
6. PRESS COUNCIL OF INDIA: NORMS OF JOURNALISTIC CONDUCT,
[Link]
7. ROLE OF MEDIA IN MAKING AND EXECUTION OF PUBLIC POLICY IN INDIA,
The Indian Journal of Political ScienceVol. 74, No. 2 (April - June, 2013),
pp. 309-312 (4 pages); [Link]
 P a g e | 34

LAW OF INSURANCE (OPTIONAL PAPER)

SEMESTER VIII AND X | B.A., LL.B. (HONS.)
SYLLABUS (SESSION : JAN-JUNE)

Faculty @ Dr. Y Papa Rao & Dr. Kiran Year/ Semester VIII and X
Kori Semesters

Course Law of Insurance No. of Credits 04

Name

Course None Session duration 1 Hour

Code

No of 05 Pre-requisite None
Contact
Hours
(Week)

Total 60
Hours
About the Course:
Course Insurance law in India had its origin from the United Kingdom with the
Objective establishment of a British firm, the Oriental Life Insurance Company in
& 1818 in Calcutta, followed by the Bombay Life Assurance Company in
1823, the Madras Equitable Life Insurance Society in 1829 and the
Pedagogy
Oriental Life Assurance Company in 1874. Later on the Insurance Act,
1938, The Life Insurance Act, 1956, The Marine Insurance Act, 1963,
The General Insurance Business (Nationalization) Act, 1972, Insurance
Regulatory and Development Authority Act, 1999 and the Motor
Vehicles (Amendment) Act, 2019 have been enacted.
The insurance industry of India has 57 insurance companies 24 are in
the life insurance business, while 34 are non-life insurers. Life
Insurance Corporation of India is the only public sector company
among the life insurers. General Insurance Corporation of India is the
only reinsurer in India recognized by the IRDA.
The insurance idea is an old-institution of transactional trade. The age-
old form of insurance was the marine insurance. Consequently, in due
course of time fire and life insurance, made their appearance. Within
 P a g e | 35

the last hundred years the insurance principle is being extended wider.
Today one finds insurance cover for health, accidents, motor vehicles,
livestock, 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 operational framework of insurance idea is provided by the
general principles of contract. The insurance policy, being a contract, is
subject to all the judicial interpretative techniques. Besides, the
insurance idea has a compensatory justice component. This brings it in
the arena of the law of tort as well. It is even suggested that a fully
grown and developed law of insurance may, if not totally displace,
decreases the significance of the law of tort.
Course Objectives:
This 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. The objective of
the course is as follows:
 To understand the basic and advance concepts of law of
Insurance.

 To provide students with the critical aptitudes necessary in an

academic environment and in an increasingly complex,
challenging and interdependent world.

 To assist students in the development of intellectual flexibility

and creativity so that they may engage in life-long learning.

 To develop skills of analyzing various legal provisions

considering practical issues to cater the need of the industry.

 To improve the students’ interest in engaging subject with laws

governing Contract of Insurance in specialized areas.

Pedagogy:
The course components are administered through class room teaching,
showing short documentaries, tutorial classes, open access resources,
workshops/debate/discussions. Every component of the course
module tries to inculcate the basic principles of contract of insurance
and its application in the case laws critically. Students are not only
encouraged to participate in the process of discussion but also
 P a g e | 36

expected to share their opinions, creative ideas and critical views

thereafter in the class room which can help all the stakeholders for
further improvements in teaching-learning process and interpretation
of case laws related to Law of Insurance. The methods used for
teaching will be purely based on case law studies in form of a situation
and involve enhancing practical skills.

Learning Outcomes: At the end of the students will be able to:

LO1 Demonstrate and understand about the basic and essential tenets of the Indian
Legal Regime relating to Insurance Laws.
LO2 Equipped about Rights of an Insured and beneficiaries in India and the various
remedies he is entitled to avail under different Insurance Legislations.
LO3 Educate the various flaws in existing Insurance legal framework and role of
judiciary and other regulatory institutions.
LO4 Develop an analytical and critical perspective about the existing Insurance law
framework to enable them to suggest changes wherever necessary.

Evaluation Components:
Heads of Evaluation components Distribution of marks
End Term Examination 50 marks
Mid Term Examination 25 marks
Continuous Internal Assessment 25 marks
Total 100 marks

COURSE PLAN

[Link]. Topics Lecture

Sessions
1 Introduction 1-05
2 General Principles of Law of Insurance 06-15
3 Life Insurance 16-25
4 Fire Insurance 26-30
5 Marine Insurance 31-40
6 Motor Vehicle Insurance 41-50
7 Miscellaneous Insurance Schemes: New Dimensions 51-60

DETAILED SYLLABUS FOR LAW OF INSURANCE (OPTIONAL PAPER)

 P a g e | 37

Unit Content
Module-1  Definition, nature, and history of insurance
Introduction  Contract of insurance- classification of contract of insurance,
nature of various insurance contracts
 History and development of insurance in India
 The Insurance Act, 1938
 Insurance Regulatory Development Authority (IRDA) of
India- role, powers and functions
Module-2  Principle of Uberrima Fidei-non-disclosure-
General Principles misrepresentation in insurance contract
of Law of Insurance  Principle of Indemnity
 Insurable interest
 Risk and principle of causa Proxima
 Loss Minimization.
Module-3  Nature and scope of life insurance, definition, kinds of life
Life Insurance insurance, the policy and formation of a life insurance
contract
 Event insured against life insurance contract
 Circumstances affecting the risk
 Amounts recoverable under life policy
 Persons entitled to payment
 Settlement of claim and payment of money
Module-4  Definition and Scope of Fire Insurance
Fire Insurance  Meaning of Fire and Loss by Fire
 Special Doctrines: Reinstatement, Subrogation and
Contribution.
Module-5  Nature and scope
Marine Insurance  The Marine Insurance Act 1963
 Voyage –deviation
 Perils of the sea
 Partial loss of ship and of freight, salvage, general average,
particular charges
 Measure of indemnity, total valuation, liability to third
parties
Module-6  Motor Vehicles (Amendment) Act, 2019
Motor Vehicle  Nature and scope
Insurance  Third Party Insurance or Compulsory Insurance
 Effect of insolvency or death on claims, insolvency and death
of parties, certificate of insurance
 Claims tribunal, constitution, functions, application for
 P a g e | 38

compensation – who can apply? –Procedure and powers of

claims tribunal – its awards.
Module-7  Burglary Insurance
Miscellaneous  Health Insurance
Insurance Schemes:  Livestock Insurance
New Dimensions  Premium
 Reinsurance
 Double Insurance
 Energy Insurance
 Social Insurance
 Public Liability Insurance

Prescribed Legislations:
1. The Insurance Act, 1938
2. The Marine Insurance Act, 1963
3. The Life Insurance Corporation Act, 1956
4. The General Insurance Business (Nationalization) Act, 1972
5. The Insurance Regulatory and Development Authority Act, 1999
6. Motor Vehicles (Amendment) Act, 2019
7. The Public Liability Insurance Act, 1991
Essential Readings:
1. Bird, John, Modern Insurance Law (10th ed., 2013), Sweet and Maxwell
2. Singh, Avtar, Law of Insurance, EBC
Suggested Readings:
1. Malik, Sumeet, J.V.N. Jaiswal's Law of Insurance- Vols 1&2, Eastern Book Company (2nd
ed., 2020)
2. Gaurav Varshney, Insurance Laws,LexisNexis (1st ed., 2017)
3. M.N. Srinivasan & K. Kannan (Revised by Justice K. Kannan) Principles of Insurance
Law (10th ed., 2017), LexisNexis
4. M.N. Mishra and S.B. Mishra, Law of Insurance (25th ed., 2016)
5. Birds, John, Modern Insurance Law, Sweet & Maxwell; Eighth edition (1 January 2011)
6. M.B. Shah, Landmark Judgments on Insurance under the Consumer Protection Act,
Universal Law Publishing (2004)
7. E.R. Hardy Ivamy, General Principles of Insurance Laws, (6th ed., 1993), Butterworths,
Delhi
8. Vandana Singh, K. B. Agrawal, Insurance Law in India, (2012)
9. Evan James MacGillivray, MacGillivray on Insurance Law: Relating to All Risks Other
Than Marine, Sweet & Maxwell Ltd; 6th Revised edition (1997)
10. K.S.N. Murthy & K.V.S. Sarma, Modern Law of Insurance in India (Sixth Edition- 2019),
LexisNexis, Delhi

Recommended Cases:
1. Pink v. Fleming (1890) 25 QBD 396
2. Mithoolal Nayak v. Life Insurance Corporation of [Link] 1962 SC 814
3. Kasim Ali Bulbul v. New India Assurance Co. AIR 1968 J & K 39
4. Smt. Krishna Wanti Puri v. Life Insurance Corporation of India,AIR 1975 Del. 19
 P a g e | 39

5. .Smt. Dipashri v. Life Insurance Corporation of India, AIR 1985 Bom 192
6. Life Insurance Corporation of India v. Asha Goel, AIR 2001 SC 549
7. New India Assurance Co. Ltd. v. M/s Zuari Industries Ltd.(2009) 9 SCC 70
8. Simmonds v. Cockell (1920) All ER Rep. 162
9. Harris v. Poland ( 1941) All ER 204: 1 K.B.D. 204
10. L.I.C. of India v/s Channasbasamma, AIR 1991 SC 392
11. Vijay Kumar v/s New Zealand Insurance Co. AIR 1954 Bom.
12. Bhagwani Bai v/s L.I.C. of India AIR 1984 M.P.
13. Lakshmi Insurance Co. v/s Bibi Padmavati AIR 1961 Punjab
14. L.I.C. of India v/s Smt. Vijaya Chopra AIR 2008 (NOC) 2334
15. L.I.C. of India v/s Smt. Chandra Kanta AIR 2008 (NOC) 2334
16. L.I.C. of India v/s Mrs. Shashi Sethi AIR 2008 H.P. 67
17. Smt. Sakhitombi v/s Zonal Manager, L.I.C. of India, Calcutta AIR 2009 Gauhati 90
18. United India Insurance Co. Ltd. v/s Shri Hasan Sultan Nadaf [(1992) 3 CPJ 64
(National Commission)
19. Castellain v/s Preston [1883 2 Q B 38}
20. Nagappa v. Gurudayal Singh (2003) 2 SCC 274
21. Ibrahim v. Raju (2011) 10 SCC 634
22. Biman Krishna Bose v. United India Insurance Co. Ltd. (2001) 6 SCC 477
23. LIC of India v Asha Goel (2001) 2 SCC 160
24. P.C. Chako v. Chairman, LIC of India (2008) 1 SCC 321
25. Satwant Kaur Sandhu v. New India Assurance Co. Ltd. (2009) 8 SCC 316
26. Reliance Life Insurance Co. Ltd. V. Rekhaben Nareshbhai Rathod (2019) 6 SCC 175
27. Sonell Clocks and Gifts Ltd v. The New India Assurance Co Ltd (2018) 9 SCC 784.
 P a g e | 40

LAW OF BANKRUPTCY AND INSOLVENCY (OPTIONAL PAPER)

SEMESTER VIII&X | [Link].B. (Hons.)
SYLLABUS (SESSION: JAN-JUNE)

Faculty Name Amitesh Deshmukh Year/ Semester 4&5/VIII & X

Course Name Law of Bankruptcy and No. of Credits 4
Insolvency
Course Code NA Session 1 hour
Duration
No of Contact 60 Pre-requisite NA
Hours
Introduction, Insolvency is a situation, where the duty has been endowed upon
Course Objective the state machinery to declare whether a person or entity should
& Pedagogy be made to go through the laws regulating/resolving insolvency.
Insolvency can be understood as the general inability of paying
dues as they accrue. Also, looked at from a degrowth perspective,
insolvency law provides for an exit mechanism from markets for
business entities whose business is not making profits. The
resources are scarce and insolvency law facilitates infrastructure
for the proper allocation of resources by either making loss-
making businesses profitable or by removing unviable entities
from the market. Hence, the efficacy of insolvency laws also
forms an important facet of credit infrastructure. In India, the
general principles of insolvency laws are codified under the most
recent legislation which is the Insolvency and Bankruptcy Code,
2016 whereas the Provincial Insolvency Act, 1920, and
Presidency Insolvency Act, 1909 contemplate insolvency
resolution law for individuals and partnerships.
This course is designed to acquaint a student with the conceptual
and operational parameters of various general principles relating
to bankruptcy and insolvency law. It aims to equip the students
with the basics of this law to enable them to deal effectively with
the various disputes related to credits.
Against this backdrop, the present course aims at:
CO1: To develop a clear theoretical understanding of the legal
regime appertaining to the Insolvency and Bankruptcy Laws in
 P a g e | 41

India.
CO2: To understand the rationale for the shift from the old
regime to the current regime.
CO3: To understand the legal framework of Individual
Insolvency, CIRP, FTCIRP, and PPCIRP.
CO4: To have a basic appreciation of current challenges & future
opportunities.
The pedagogy for the course will involve a combination of
methods aimed at building the legal knowledge, practical
perspective and skills that are requisite for an exquisite exposure
of insolvency law as lawyers as well as understanding the
perspectives of reading the provisions with interpretation. The
methods used will be based on case law studies in form of a
situation and involve honing practical skills.

LEARNING OUTCOMES: Through the curriculum, the students will get a clear frame of
Law of Insolvency. At the end of the course, students will be able to:
[LO01]: To discuss the fundamentals of Bankruptcy and Insolvency Law.
[LO02]: To enumerate different methods and techniques for resolving Insolvency.
[LO03]: To outline the advantages the new regime has over the previous regime.
[LO04]: To discuss the Corporate Insolvency Resolution Process and its future
prospects.
[LO05]: To elaborate on the concept of the Liquidation Process as envisaged under IBC.
[LO06]: To understand and appreciate the regime for personal and partnership
insolvency.
[LO07]: To outline and discuss the infrastructure put in place by the Insolvency and
bankruptcy Code.
[LO08]: To examine and highlight the concept of Cross Border Insolvency and the stand
of the Insolvency Law Committee on it.

EVALUATION COMPONENTS
Evaluation Components Distribution of
Marks
Continuous Internal Assessment 25
Mid Term examination 25
End Term 50
Total 100
*Note: Pass marks 50% of the final grade.
COURSE PLAN
[Link]. Topics Sessions
1 INTRODUCTION 1-11
 P a g e | 42

2 CORPORATE INSOLVENCY 12-25

3 LIQUIDATION 27-37
4 INDIVIDUAL INSOLVENCY AND BANKRUPTCY 38-52
5 CROSS BORDER INSOLVENCY AND BANKRUPTCY 53-60

DETAILED SYLLABUS
UNIT CONTENT
a) Basic understanding of “insolvency” and
“bankruptcy.”
b) Key objectives of Insolvency and Bankruptcy
Module 1 Resolution Laws
INTRODUCTION c) Roots, and benchmarks of Insolvency and
Bankruptcy Law
d) Tests for determining insolvency
e) The framework of Insolvency and Bankruptcy Law in
India
a) Applicability and Definitions
b) Persons who may initiate
Module 2 c) The time limit for completion of the process
RESOLUTION OF d) Moratorium
CORPORATE INSOLVENCY e) Insolvency Resolution Process
f) Resolution Plan
g) Fast Track CIRP and Pre-Packaged CIRP
h) Authorities and Enforcement Mechanism
a) Moving from Resolution to Liquidation
b) Initiation of liquidation
Module 3 c) Appointment, powers, and duties of liquidator
LIQUIDATION PROCESS d) Liquidation estate
e) Liquidation Process and Distribution of assets
f) Voluntary Liquidation
g) Vulnerable/Avoidable transactions
h) Dissolution of the corporate debtor
a) Applicability and Terms
b) Individual Insolvency under IBC in comparison with
Module 4 the older regime
INDIVIDUAL INSOLVENCY c) Initiation of Insolvency Resolution
d) Fresh Start Process and Insolvency Resolution
Process
e) Bankruptcy order and its consequences
f) Treatment of Personal Guarantors of Corporate
Debtors
g) Authorities and Enforcement Mechanism
 P a g e | 43

a) Cross Border Insolvency- introduction and overview

b) Agreements with foreign countries
Module 5 c) Letter of request to a country outside India in certain
CROSS-BORDER cases
INSOLVENCY d) UNCITRAL Model Law on Cross-Border Insolvency
(1997) – key highlights
e) Insolvency Law Committee Report on Cross-Border
Insolvency

READINGS:
STATUTES, RULES, AND REGULATIONS:
1. Companies Act, 2013
2. Insolvency & Bankruptcy Code 2016
3. Provincial Insolvency Act, 1920
4. Presidential Insolvency Act, 1909
5. Various Regulations.

CASE LAWS:
1) Anjali Rathi and Others Vs. Today Homes & Infrastructure Pvt. Ltd. and Others
(2022) 2 SCC 401
2) Anuj Jain IRP for Jaypee Infratech Limited Vs. Axis Bank Limited etc. (2019) SCC
Online SC 1775
3) ArcelorMittal India Private Limited Vs. Satish Kumar Gupta & Ors. (2019) 2 SCC 1
4) Arun Kumar Jagatramka Vs. Jindal Steel and Power Ltd. & Anr (2021) 7 SCC 474
5) Asset Reconstruction Company (India) Ltd. Vs. Bishal Jaiswal & Anr. (2021) 6 SCC
366
6) Asset Reconstruction Company (India) Ltd. Vs. Tulip Star Hotels Ltd. & Ors.
(2022) SCC Online SC 944
7) B.K. Educational Services Private Limited Vs. Parag Gupta And Associates (2019)
11 SCC 633
8) Babulal Vardharji Gurjar Vs. Veer Gurjar Aluminium Industries Pvt. Ltd. & Anr.
(2020) 15 SCC 1
9) Brilliant Alloys Private Limited Vs. Mr. S. Rajagopal & Ors. (2022) 2 SCC 544
10)CoC of Essar Steel India Limited Vs. Satish Kumar Gupta & Ors. (2020) 8 SCC 531
11)Dena Bank (now Bank of Baroda) Vs. C. Shivakumar Reddy and Anr. (2021) 10
SCC 330
12)E S Krishnamurthy & Ors. Vs. M/s Bharath Hi Tech Builders Pvt. Ltd. (2022) 3
SCC 161
13)Ebix Singapore Pvt. Ltd. Vs. CoC of Educomp Solutions Ltd. & Anr. (2021)
[Link] 153 SC
14)Gaurav Hargovindbhai Dave Vs. Asset Reconstruction Company (India) Ltd & Anr
(2019) 10 SCC 572
 P a g e | 44

15)Ghanashyam Mishra and Sons Pvt. Ltd. Vs. Edelweiss Asset Reconstruction
Company Ltd. & Ors. (2021) 9 SCC 657
16)Gujarat Urja Vikas Nigam Limited Vs. Mr. Amit Gupta & Ors (2020) SCC Online SC
1167
17)India Resurgence ARC Private Limited Vs. M/S. Amit Metaliks Limited & Anr.
(2021) SCC Online SC 409
18)Innoventive Industries Ltd. Vs. ICICI Bank & Anr. (2018) 1 SCC 407
19)Jaypee Kensington Boulevard Apartments Welfare Association & Ors. Vs. NBCC
(India) Ltd. & Ors. (2021) [Link] 63 SC
20)Jignesh Shah & Anr Vs Union of India & Anr (2019) 10 SCC 750
21)K. Kishan Vs. M/s. Vijay Nirman Company Pvt. Ltd. (2018) 17 SCC 662
22)K. Sashidhar Vs. Indian Overseas Bank & Ors. (2019) 12 SCC 150
23)Kalpraj Dharamshi & Anr Vs. Kotak Investment Advisors Ltd. & Anr. (2021) 10
SCC 401
24)Kotak Mahindra Bank Ltd. Vs. A. Balakrishnan & Anr. (2022) 9 SCC 186
25)Lalit Kumar Jain Vs. Union of India & Ors. (2021) 9 SCC 321
26)Laxmi Pat Surana Vs. Union Bank Of India & Anr. (2021) 8 SCC 481
27)M/s Embassy Property Developments Pvt. Ltd. Vs. State of Karnataka & Ors.
(2020) 13 SCC 308
28)M/s. Orator Marketing Pvt. Ltd. Vs. M/s. Samtex Desinz Pvt. Ltd. (2021) SCC
Online SC 513
29)M/s. Reliance Asset Reconstruction Company Ltd. Vs. M/s Hotel Poonja
International Pvt. Ltd. (2021) 7 SCC 352
30)Macquarie Bank Ltd. Vs. Shilpi Cable Technologies Ltd (2018) 2 SCC 674
31)Maharasthra Seamless Limited Vs. Padmanabhan Venkatesh & Ors. (2020) 11
SCC 467
32)Maitreya Doshi Vs. Anand Rathi Global Finance Ltd. and Anr. (2022) SCC Online
SC 1276
33)Mobilox Innovations Pvt. Ltd. Vs. Kirusa Software Pvt. Ltd. (2018) 1 SCC 353
34)Ms. Sagufa Ahmed & Ors. Vs. Upper Assam Plywood Products Pvt. Ltd. & Ors.
(2021) 2 SCC 317
35)Municipal Corporation of Greater Mumbai (Mcgm) Vs. Abhilash Lal & Ors. (2020)
13 SCC 234
36)New Okhla Industrial Development Authority Vs. Anand Sonbhadra (2022) SCC
Online SC 631
37)P. Mohanraj & Ors. Vs. M/S. Shah Brothers Ispat Pvt. Ltd. (2021) 6 SCC 258
38)Phoenix Arc Pvt. Ltd. Vs. Spade Financial Services Ltd. & Ors. (2021) 3 SCC 475
39)Pioneer Urban Land and Infrastructure Limited & Anr. Vs. Union of India & Ors.
[2019] 8 SCC 416
40)Pr. Commissioner of Income Tax Vs. Monnet Ispat and Energy Ltd. (2018) 18 SCC
786
41)Pratap Technocrats (P) Ltd. & Ors. Vs. Monitoring Committee of Reliance Infratel
Ltd. & Anr. (2021) SCC Online SC 661
 P a g e | 45

42)Sagar Sharma & Anr Vs. Phoenix Arc Pvt. Ltd. & Anr (2019) 10 SCC 353
43)Sesh Nath Singh & Anr Vs. Baidyabati Sheoraphuli Co-Operative Bank Ltd And
Anr. (2021) 7 SCC 313
44)State Bank of India Vs. V. Ramakrishnan & Anr. (2018) 17 SCC 394
45)State Tax Officer Vs. Rainbow Papers Ltd. (2022) SCC Online SC 1162
46)Sundaresh Bhatt Liquidator of ABG Shipyard Vs. Central Board of Indirect Taxes
and Customs (2022) SCC Online SC 1101
47)Swiss Ribbons Pvt. Ltd. & Anr. Vs. Union of India & Ors. (2019) 4 SCC 17
48)Transmission Corporation of Andhra Pradesh Limited Vs. Equipment Conductors
and Cables Limited (2019) 12 SCC 697
49)Vashdeo R Bhojwani Vs. Abhyudaya Co-Operative Bank Ltd & Anr (2019) 9 SCC
158
50)Vidarbha Industries Power Ltd. Vs. Axis Bank Ltd. (2022) 8 SCC 352
REFERENCES:

Online Blogs/Articles:
 A Primer on the Insolvency and Bankruptcy Code, 2016, Nishith Desai Associates,
2019,
[Link]
[Link]
 BLRC Report - [Link]
 Dr. Neeti Shikha, India’s Tryst with Cross-border Insolvency, IBBI Annual journal
2020.
 Draft Information Memorandum and Resolution Plan, IBBI -
[Link]
[Link]
 Gerard McCormack, “US exceptionalism and UK localism? Cross-border
insolvency law in comparative perspective”, Cambridge University PressVolume
36, Issue 1, March 2016 , pp. 136-162
 Jennifer Payne, “The Role of the Court in Debt Restructuring”,
[Link]
court-in-debt-restructuring/
 Lucian Arye Bebchuk, “The Uneasy Case for the Priority of Secured Claims in
Bankruptcy”, The Yale Law Journal, 1996, Vol. 105: 857,
[Link]
=ylj
 Mark J. Roe & Stephen D. Adam, “Restructuring Failed Financial Firms in
Bankruptcy: Selling Lehman's Derivatives Portfolio”, Yale Journal on Regulation,
Vol. 32, 2015,
[Link]
=yjreg
 P a g e | 46

 Nimmer, Raymond T. "Negotiated Bankruptcy Reorganization Plans: Absolute

Priority and New Value Contributions." Emory Law Journal, vol. 36, no. 4, Fall
1987, p. 1009-1084. HeinOnline,
[Link]
 Richard Squire, “The Case for Symmetry in Creditors' Rights”, The Yale Law
Journal, 2009,
[Link]
=ylj
 Sefa M. Franken, “Cross-Border Insolvency Law: A Comparative Institutional
Analysis”, Oxford Journal of Legal Studies, Vol. 34, No. 1 (2014), pp. 97–131.
 Shebani Bhargava, “Schemes of Compromise or Arrangement During
Liquidation”, (2020) PL June 76 [SCC]

BOOKS
 A K Mittal, Insolvency and Bankruptcy Code: Law and Practice (EBC, 1st ed.).
 Ashish Makhija, Insolvency and Bankruptcy Code of India, (Lexis Nexis, ed. 2018).
 Mulla, Law of Insolvency in India (LexisNexis, 2013)
 Sumant Batra, Corporate Insolvency Law and Practice, Eastern Book Company;
1st Edition, 2017 edition
 V.S Wahi, Treatise on Insolvency & Bankruptcy Code, (Bharat Law House, ed.
2018).
 Vinod Kothari and Shikha Bansal, Law Relating to Insolvency and Bankruptcy
Code, 2016, (Taxmann, ed. 2016).

REFERENCES

 Bob Wessels and Gert Jan Boon, Cross-Border Insolvency Law, (2nd ed., Wolters
Kluwer Law International, 2015).
 Chapter 1, Wood, Philip R., Principles of International Insolvency (The Law and
Practice of International Finance Series, vol. 1), 2nd ed. (South Asian ed. 2009).
 Chapters 1 to 4, Finch, Vanessa, Corporate Insolvency Law: Perspectives and
Principles (2nd ed. Cambridge, 2009).
 Chapters I and II, Barry E. Adler, Douglas G. Baird and Thomas H. Jackson, Cases,
Problems, and Materials on Bankruptcy, 4th ed. (Foundation Press, N.Y., 2007).
 Corporate Laws Manual (2015).
 Dinshaw Fardunji Mulla and Aparna Ravi, The Law of Insolvency in India, (6th ed.,
Lexis Nexis, 2017).
 Felicity Toube, International Asset Tracing in Insolvency, (1st ed., Oxford
University Press, 2009).
 Finch Vanessa and David Milman, Corporate Insolvency Law: Perspectives and
Principles, (3rd ed., Cambridge, 2017).
 P a g e | 47

 Guide to Insolvency and Bankruptcy Code 2016, (As amended by Insolvency and
Bankruptcy Code (Amendment) Ordinance 2017), (Taxmann, ed. 2017).
 Ian F. Fletcher, Law of Insolvency, Sweet & Maxwell; 5th edition edition (2017)
 Insolvency and Bankruptcy Code, 2016.
 Irit Mevorach, The Future of Cross Border Insolvency, (1st ed., Oxford University
Press, 2018).
 Julian R. Franks &Walter N. Torous, Lessons from a Comparison of U.S and U.K
Insolvency Codes8(3)Oxford Review of Economic
Policy<[Link]
 Justice P.S. Narayana, Law of Insolvency (Bankruptcy), 8th ed., Asia Law House,
2010).
 Lecture 1, Narayan, Ms. Sathya, Mulla on the Law of Insolvency in India, 4th ed.
(Tripathi, 1997).
 Mitra, Dr. N.L. (Chairman), Report of the Advisory Group on Bankruptcy Laws-May
2001, along-with Illustrative Code-Corporate Bankruptcy and Winding up Code,
2001; Available at:
[Link]
/01&SECID=4&SUBSECID=27
 Rosa M. Lastra, Cross-Border Bank Insolvency, ((1st ed., Oxford University Press,
2011).
 Thomson Reuters, Manzar Saeed Commentary on the Insolvency and Bankruptcy
Code 2016, (Hardcover, ed.2017).
 Transnational Bankruptcy, Chapter XIII, Barry E. Adler, Douglas G. Baird and
Thomas H. Jackson, Cases, Problems, and Materials on Bankruptcy, 4th ed.
(Foundation Press, N.Y., 2007).
 UNCITRAL Model-Law on Cross-Border Insolvency.
 Vinod Kothari and Shikha Bansal, Law Relating to Insolvency and Bankruptcy
Code, 2016, (Taxmann, ed. 2016).
 Vishwanathan, T.K., Interim Report of the Bankruptcy Law Reform Committee,
(Feb. 2015), available at: [Link]
 Ziad Raymond Azar, Bankruptcy Policy: A Review and Critique of Bankruptcy
Statutes and Practices in Fifty Countries Worldwide, Cardozo J. of Int’l. & Comp.
Law, (Vol. 16), 2008, 279.

BLOGS AND JOURNALS TO FOLLOW:

 Cyril Amarchand Mangaldas Blog -
[Link]
bankruptcy/
 Harvard Blog -
[Link]
roundtable-updates/
 P a g e | 48

 Harvard Law School, The Case Stdies Blog -

[Link]
 IndiaCorpLaw Blog – [Link]
 INSOL India Blog
 Journal of Financial Crises – Yale school of Management
 Nishith Desai - [Link]
articles/nda-hotline/[Link]
 Oxford Business Law Blog - [Link]

* IMPORTANT NOTE
1. The reading material is preliminary and suggestive. The faculty shall distribute
pertinent study materials as pre/post lecture content (from time to time). Students
must keep themselves abreast of the distributed materials and clarify their
respective doubts with the faculty.
2. The faculty member-in-charge of the course reserves the right to modify any of the
contents, terms and conditions, provided in this curriculum.
3. A list of project topics would be notified to the class after the commencement of the
session.
 P a g e | 49

INTERPRETATION OF STATUTES (OPTIONAL PAPER)

SEMESTER VIII & X | [Link].B. (Hons.)

SYLLABUS
(SESSION: JAN-JUNE)

Faculty Dr. Pankaj Umbarkar Year/ Semester VIII & X

Course Name Interpretation ofStatutes No. of Credits 4

Course Code NA Session duration 1 Hour

No of Hours 60 hours Pre-requisite Knowledge

(Week) of Law

Introduction, INTRODUCTION:
Course
Objective & Legislation dominates the contemporary legal landscape. Almost all
Pedagogy fields of legal regulation involve legislation in some form. Legislatures
enact laws after much deliberation. No doubt in this process they
have to take into account the present and future needs of the people.
With the emergence of legislation, interpretation of statutes became a
method by which judiciary explores the intention behind the statutes.
Judicial interpretation involves construction of words, phrases and
expressions. In their attempt to make the old and existing statutes
contextually relevant, courts used to develop certain rules, doctrines
and principles of interpretation. Judiciary plays a highly creative role
in this respect. The ability to interpret and understand the operation
of legislation is a skill essential to understanding law and its
operation. In this backdrop, the course is designed to discuss in detail
the nuances of interpretation of statutes.

Course Objectives:
CO 1- To explore tendency of the judiciary in deciding cases.
CO 2 -To understand the system of Interpretation of Statutes which is
the core functions of the Court.
CO 3- To discuss the methods of interpretation according to the
nature and type of law such as remedial, penal laws, tax etc.
 P a g e | 50

CO 4 -To know about the various components of a statute and its use
in the interpretation of statutes.
Pedagogy:

Teaching methodology will predominantly focus on classroom

teaching through lecture and discussion method. Further, adequate
explanations, illustrations, examples will be given to make clear the
nuances of law. Discussions will take place on laws and case-laws to
understand the interpretation of legal provisions.

Learning Outcome: After completion of the course -

LO1- Students will be able to examine the tendencies of judicial decisions while
exploring the meaning of the terms especially at the time of uncertainties in law.
LO 2- Student will be able to understand the meaning nature, kind’s of laws and
its interpretation.
LO3- Student will be able to know the system for interpretation of statutes
LO4- Students will be able to know the various components of the legislation and
its use in the process of interpretation
EVALUATION COMPONENTS :

Components of Course Evaluation % distribution

Individual Assignments 25

Mid Term Examination 25

End term Examination 50%

Total 100%
*Note: Pass marks 50% of the final grade.

Executions of the Modules :

[Link]. Topics Lecture Lecture Numbers
Sessions

1 Introduction 8 1-8

2 General Principles of Interpretation 8 9-16

3 Internal and External Aid to Interpretation 14 17-30

4 Subsidiary Rules 7 31-37

 P a g e | 51

5 Operation of the Statutes & Interpretation of 9 38-46

Penal, Tax & RemedialStatutes
6 Interpretation of Constitutional Documents 7 47-53

7 Expiry and Repeal of Statutes 7 54-60

UNIT CONTENT OF SYLLABUS

MODULE I 1. Introduction:
Introduction Meaning of Interpretation and the construction
Intention in interpretation; why original intent is important?
Appraisal of the principle of plain meaning
Making sense of Precedent; determining ‘ratio decidendi
How judges decide? The Method of Philosophy; the Method of Sociology

MODULE II 2. General Principles of Interpretation:

General Statute must be read as a whole in its context
Principles Of Literal Rule of Interpretation
Interpretation Golden Rule of Interpretation,
Mischief Rule of Interpretation
Regards to subjects and Objects
Presumptions and Considerations in Interpretation
Module III 3. A Internal Aids to Interpretation:
Internal and Long Title, Preamble, Definition, Sections,
External Aids Heading, Marginal Notes, Punctuation,
To Illustrations, Proviso, Explanation and Schedules,
Interpretation
3. B External Aid to Interpretation
Parliamentary History (English Practice, American Practice and Modern
Trends)
Historical facts and surrounding circumstances,
Social, Political and Economic Developments and scientific inventions,
Statutes in Para materia
Assistance of earlier statutes
Use of foreign Decisions
Dictionaries
Module IV 4. Subsidiary Rules
Causes Omisus ,
Subsidiary Same word same meaning,
Rules Non-obstante Clause,
Legal fiction,
Mandatory and directory provisions,
Conjunctive and disjunctive words ‘or’ and ‘and’,
 P a g e | 52

Construction of general words –

Noscitur A Socis,
Rule of ejusdem generis,
Words of rank,
Reddendo Singula Singulis etc.
Harmonious Construction
Module V
5. Operation of the Statutes and its Interpretation
Operation Of
Commencement - Prospective and retrospective operation of the statute
The Statutes
Special statutes in context of substantive rights, procedure, Succession,
And Its
transfer & contracts.
Interpretation
Penal Statutes and its interpretation
Tax related Statutes and its interpretation,
Interpretation of Remedial Statutes
Module VI
6. Interpretation of Constitutional Documents
Interpretation
Of Constitutional Interpretation and Judicial Review
Constitutional
Rules of Interpretation of Constitution and Constitutional Documents
Documents
The General Clauses Act, 1897

Module VII
7. Expiry and Repeal of Statutes
Expiry And
Express or implied Repeal
Repeal Of
Consequences of Repeal
Statutes
Subordinate Legislations under repealed statute

Reading:

Text Books:
Statutes:
1. The General Clauses Act, 1897
BOOKS AND ARTICLES:
Essential Reading:
1. G.P. Singh, Principles of Statutory Interpretation, Lexis Nexis 12th Ed. 2013
2. D.N Mathur, Interpretation of Statute, Central Law Publication 6th Ed. 2021
3. J. Benjamin Cardozo, The Nature of Judicial Process (Chapter I & III), Martino
Publishing 2011
Additional Reading
1. Adrian Vermual, Judging Under Uncertainty, Universal Law Publication Company,
Reprint 2010,
2. Rupert Cross, John Bell, and George Engle, Statutory Interpretation, Oxford
University Press, Third Ed,
3. Peter Maxwell,, Interpretation of Statutes Maxwell & Sons Ltd
 P a g e | 53

Articles
1. Joseph Raz, Between Authority and Interpretation (Oxford University Press
2009)
2. Robert H. Bork, The Tempting of America: The Political Seduction of the Law
(New York: The Free Press 1990)
3. Max Radin, Statutory Interpretation, Harvard Law Review, Vol.43, No.6 (April
1930)
4. Paul Brest, The Misconceived Quest for the Original Understanding, Boston
University Law Review, Vol. 60 (1980)
5. Ronald Dworkin, Natural Law Revisited, University of Florida Law Review, Vol.
34 (1982)
6. H.L.A. Hart, Positivism and the Separation and Morals, Harvard Law Review, Vol.
71(1958)
7. Lon L. Fuller, Positivism and the Fidelity to Law – A Reply to Professor Hart,
Harvard Law Review, Vol.71 (1958)
8. Frederick Schauer, Formalism, Yale Law Journal, Vol. 97 (1989)
9. Richard Posner, Legal Formalism, Legal Realism and the Interpretation of
Statutes and the Constitution, Case Western Reserve University Law Review, Vol.
37 (1987)
10. Cass R. Sunstein, On Analogical Reasoning, Harvard Law Review, Vol. 106 (1992)
11. Veena C, Interpretation of Statutes C. Jamnadas & Co. Educational & Law
publisher 4th Ed. 2018
Case Laws:
1. Anurag Mittal V Shaily Mishra Mittal, (2018) 9 SCC 691 :AIR 2018 SC 3983
2. Bhatia International V Bulk Trading S.A 2002 4 SCC 105 : AIR 2002 SC 1432
3. T.N Electricity Board V Status Speg. Mills Ltd (2008) 7 SCC 353 :AIR 2008 SC
2838
4. Municipal Corporation Hyderabad. v. T.N Murthy (1987) 1 SCC 568
5. C.I.T v. Teja Singh AIR 1959 SC 352
6. ITO, Mangalore v. M. Damodhar Bhat, AIR 1969 SC 408
7. Sussex Peerage Case (844) 11 C1 & F 85
8. Wallace v Jaffree 283U.S.25(1931);
9. Padma Sundara Rao v. State of Tamil Nadu, (2002) 3 SCC 533;
10. Tej Kiran Jain v. N. Sanjiva Reddy, (1970) 2 SCC 272,
11. Jugalkishore v. Raw Cotton Co., AIR 1955 SC 376;
12. G. Narayanaswami v. Pannersevan, (1972) 3 SCC 717,
13. Union of India V Elphinstone Spinning and Weaving Com. Ltd 2001 (1) JT SC 536
14. Sunil Batra V Delhi Administration (1978) 4 SCC 409
15. Balram Kumawat v Union of India (2003) 7 SCC 628
16. National Insurance Company Ltd V Anjana shyam (2007) SCC 445
17. Sachidananda Misra V State of Orissa (2004) 8 SCC 599
 P a g e | 54

18. C. Ronald V U.T Andaman and Nicobar Islands (2011) 12 SCC 428
19. Shankar Raju V Union of India (2011) 2 SCC 132
20. Union of India V Vasudeva Murthy AIR 2010 SC 2879
21. Hardeep Sing v State of Punjab (2014) 3 SCC 92
22. Craw Ford V Spooner (1846) 6 Moore PC 1
23. Kartar Singh V State of Punjab (1994) 3 SCC 569
24. Heydon's Case (1584) 76 ER 637
25. Bengal Immunity Com. Ltd v State of Bihar AIR 1955 SC 661
26. Sanjay Datt V State through C.B.I Bombay JT 1994 (5) SC 540
27. V.L.S Finance Ltd v Union of India (2013) 6 SCC 278
28. State of U.P V Hari Ram (2013) 4 SCC 280
29. Grid Corporation of Orisa V Eastern Metal & Ferro Alloys (2011) 11 SCC 334
30. Competition Commission of India V Steel Authority of India Ltd 2010 (10) SCC
744
31. C.S.T ,M.P V Radhakrishan (1979) 2 SCC 249
32. Karnataka Bank Ltd V State of Andhra Pradesh (2008) 2 SCC 254
33. State of Maharashtra V Bharat S. Shah (2008) 13 SCC 5
34. Kedarnath V State of West Bengal AIR 1953 SC 404
35. Re Kerala Education Bill , 1957 AIR 1958 SC 956
36. Maharashtra Land Development Corporation V State of Maharashtra 2010 (11)
SCALE 675
37. Keshvanadn Bharati V State of Kerala (1973) 4 SCC 225; AIR 1973 SC 1461
38. Indian City Properties Ltd V Municipal Commissioner of Greater Bombay (2005)
6 SCC 417
39. [Link] V Union of India (2004) 2 SCC 579
40. Union of India V National Federation of the Blind (2013) 10 SCC 772
41. Iqbal Singh Marwah V Mieenakshi Marwah (2005) 4 SCC 370
42. Balraj Kunwar V Jagtpal Singh ILR 26 All 393 PC
43. Brihan Mumbai Electric Supply and Transport Undertaking V Lakshya Media
[Link] (2010) 1 SCC 620
44. Hanlon V Law Secretary 1980 2 All ER 199 (HL)
45. Benagal Nagpur Railway Company v Ruttanji Ramji AIR 1938 PC 37
46. Mudliyar Chatterjee V International Film Com. AIR 1943 PC 34
47. Mohomed Ariffin V Yeah Oai Gark 43 AI 256 Reffered in Jamma Masjid case AIR
1962
48. Shambhu Nath Mehra V State of Ajmer AIR 1956 SC 599
49. Ali M.K V State of Kerla (2003) 11 SCC 632
50. Biman Basu V Kallol Gupta Thakurta AIR 2010 SC 3328
 P a g e | 55

51. Black Clawsom International Ltd v Papierweke Waldjof Aschaffenburg A.G

(1975) 1 All ER 810 HL
52. Papper v hart 1993 1 All ER 42 (HL)
53. Navartis Ag V Union of India (2013) 6 SCC 1
54. Union of India V Purushottam (2015) 3 SCC 779
55. T.M.A Pai Foundation V State of Karnataka (2002) 8 SCC 481
56. Shashikant Laxman Kale V Union of India AIR 1990 1 SCC 582
57. Auckland Jute Comp. Ltd V Tulasi Chandra Goswami AIR 1949 FC 153
58. Kasmir Singh V Union of India (2008) 7 SCC 259
59. Nandlal Wasudeo Badwaik V Lata Nandlal Badwaik (2014) 2 SCC 576
60. [Link] V union of India AIR 1982 SC 149
61. S.B.I V Sundara Mani AIR 1976
62. State of Maharastra V Praful [Link] (2003) 4 SCC 601
63. Amrendra Pratap Singh V Tej Bahadur Prajapati AIR 2004 SC 256
64. M.D Harrisons Malayalam V Union of India (2004) 1 SCC 3782
65. ICICI Bank V Municipal Corporation of Greater Bombay (2005) 6 SCC 404
66. Ramnarayan Mor v State of Maharashtra AIR 1964 SC 949
67. Member Board of Revenue V Arthur Paul Benthall AIR 1956 SC 35
68. Labour Commissioner M.P V Burhanpur Tapti Mills Ltd AIR 1964 SC 35
69. T.A .Krishnaswami v State of Madras AIR 1966 SC 1022
70. Aswini Kumar Ghose V Arbinda Bose AIR 1952 SC 369
71. Great Western Railway Company V Swindon & Cheltenham Extention [Link]
1884
72. [Link] Spinning & Weaving Mills Ltd V union of India AIR 1988 SC 191 P.202
73. Deoki Nandan v Muralidhar AIR 1957 Sc 133
74. G.k Choukashi v Commissioner of Income Tax (2008) 1 SCC 246
75. Keshvan v State of Bombay AIR 1951 SC 128
76. Jay Mahakali Rolling Mills V Union of India (2007) 12 SCC 198
77. Atal Tea Com. Ltd V Regional Provident Fund Commissioner 1998 (79) FLR 372
78. N.T.P.C v M.P.S.E.b (2011) 15 SCC 580
79. Rajabhau Rahate v Dinkar Ingole 2002 (3) [Link] 921 (Bom HC)
Law Commission Reports:
1. 60th Law Commission Report of Government of India
[Link]
2. 183rd Law Commission Report of Government of India
[Link]
 P a g e | 56

SOCIO ECONOMIC OFFENCES (OPTIONAL PAPER)

SEMESTER VIII/X | [Link].B. (Hons.)
SYLLABUS (SESSION: JAN-JUNE)

Faculty Name Dr. Parvesh Year/ Semester 4/5/VIII/X

Kumar Rajput
and Dr. Archana
Shayam Gharote
Course Name Socio Economic Offences No. of Credits 4
Course Code NA Session 1 Hour
Duration
No of 60 Pre-requisite None
Contact
Hours
Introduction,
The concept of socio- economic offences as elucidated by the 47th Law Commission
Course Report in India is very important in criminal law arena. In this report the salient
Objective& features of these social and economic offences are discussed in a detailed manner.
Pedagogy Socio-economic offences do not only extend the scope of the subject matter of
white-collar crime, as conceived by Sutherland and as appreciated by others, but is
also of wider import. The growth in socio-economic crime is traced to the
materialism and business competitiveness fostered by
industrialization, coupled with a decline in the influence of religious ethics that
demand material accomplishments while emphasizing honest and fair dealings
with others. These factors influenced India after World War II, and Indian criminal
jurisprudence had limited opportunity to shape itself to counter the growing tide
of socio- economic crimes. Currently, there are elements of a new criminal
jurisprudence evidenced in legislation intended to regulate and control socio-
economic offences. This includes treating socio-economic offences as having strict
liability, with curtailment or abandonment of the necessity to prove intent.
Further, vicarious criminal liability, which involves the liability of a principal for
the acts of its agents, is being increasingly recognized. Sentencing for socio-
economic crimes is also becoming more severe, including mandatory minimum
imprisonment, large fines, and the confiscation of goods and property.
In the light of this introductory note this course on Socio-Economic
Offences is designed to give students a comprehensive understanding of
contemporary patterns and characteristics of Socio-Economic Offences.
The course also intends to enhance the students’ abilities to research
policy documents and legal material, critically analyze legislation, case
 P a g e | 57

studies and scholarly writings, present research findings to an academic

audience, and elaborate practical recommendations for law reform and
policy change relevant to the subject area.
Course Objectives are:
CO1: To expound the meaning of Socio-Economic Offences and explain
how it is different from other kinds of offences.
CO2: To explore the legal and policy tools that may be helpful to control
such offences.
CO3: To give students a comprehensive understanding of contemporary
patterns and characteristics of Socio-economic offences.
CO4: To enable the students to understand and appreciate causes of
socio-economic offences.
CO5: To develop students' analytical skills in relation to socio- economic
offences and operation of the combating measures.

The teaching methods will include Lectures, PowerPoint Presentations,

documentaries, discussion and debate on various aspects of Socio-
Economic offences.

LEARNING OUTCOMES:
After the successful completion of Course Curriculum, a student will be able to:
 LO1 Explain about the conceptual aspects of socio-economic offences
and different forms of socio-economic offences.
 LO2 Distinguish between socio-economic offences and other violations of the
law.
 LO3 Critically analyse the various causes of emergence of socio-
economic offences and its all-pervasive dimensions.
 LO4 Know and understand the various aspects of socio-economic offences.
 P a g e | 58

EVALUATION COMPONENTS

Evaluation Components Distribution of

Marks
Continuous Internal Assessment 25
Mid Term examination 25
End Term 50
Total 100
*Note: Pass marks 50% of the final grade.

COURSE PLAN

[Link]. Topics Lecture Sessions

1 Introduction to the Socio-Economic Offences 10
2 The Essential Commodities Act, 1955 05
3 The Food Safety and Standards Act, 2006 10
4 The Prevention of Corruption Act, 1988 10
5 The Prevention of Money-Laundering Act, 2002 10
6 The Narcotic Drugs and Psychotropic Substances Act, 1985 10
7 Law Enforcement Agencies 05

Total 60

DETAILED SYLLABUS

UNIT CONTENT
Module 1 Concept and Evolution of ‘Socio-Economic Offences.’
Introduction to Nature and Extent of Socio-Economic Offences.
theSocio- Mens Rea, Nature of Liability, Burden of Proof and Sentencing
Economic [Link] of White-Collar Crimes
Offences Distinction among Socio-Economic Offences, White Collar
Crimesand Traditional Crimes.
The Socio-Economic Offences in India: The Santhanam
Committee Report, 1964 and the 47th Report of the Law
Commission of India,1972.
 P a g e | 59

Definition Clause
Module 2 Hoarding and black
Essential marketingPublic Distribution
Commodities Act, Scheme
1955 Power of the Governments to control production, supply
anddistribution of essential commodities,
Offences and Punishments under the Act.
Cognisance of matter under section 11 EC Act, 1955
Module 3 Definition of ‘food’, ‘Adulterant’, ‘contaminant’, ‘food business’,
The Food Safety ‘misbranded food’
and Standards Act, Authorities under the Act:
2006 Food Safety and Standards Authorities of India & State Food
Safetyand Standards Authorities: Establishment and functions

Food Safety Officer- Power, Function and

liabilitiesFood Analyst
General Principles to be followed for food safety under the Act
(Section 18)
Licensing and Registration of food business (Section
31)Purchaser may have food analyzed (Section 40)
Provisions related to offence and penalties (Sections 48
to 67)Adjudication and Appeal procedures (Sections 68
& 76)
Need of the Act (read with Santhanam Committee
Module 4 Report)The Prevention of Corruption Act, 1988
The Prevention of Definitions of ‘public servant,’ Section 2 (c) and ‘gratification,’
Corruption Act, Section 7.
1988 Offence committed by public servant and bribe giver and their
Penalties (Section 7 to 14)
Punishment for attempts (Section 15)
Sanction for prosecution (Section 19 r/w Section 197 of the
Code ofCriminal Procedure, 1973)
 P a g e | 60

Presumption where public servant accepts gratification (Section

20)

Module 5 Definition of ‘Money Laundering’

The Prevention of Need for combating Money-
Money-Laundering Laundering,Magnitude of Money-
Act, 2002 Laundering,
Steps and various methods of Money
Laundering.
Offences and Punishments
Module 6 The Definition of Narcotic Drugs and Psychotropic
Narcotic Drugs and SubstancesAuthorities and officers (Section 4,6)
Psychotropic National Fund for Control of Drugs Abuse (Section 7A)
Substances Act, Prohibition Control and Regulation (Section 8, 9, 9A)
1985 Offences and Penalties (Section 18, 19, 21, 22, 25A, 27, 27A, 30,
31,
31A, 32, 32A, 33, 35, 36, 36A, 37, 39).
Module 7: Law CBI: Role, Function and Powers.
Enforcement
Agencies ED: Role, Functions and Powers.

NCB: Role, Functions and Powers

Anti-Corruption Bureau (State Police Force): Role, Functions and

Power.

READINGS:

STATUTES, RULES AND REGULATIONS:

1. The Essential Commodities Act, 1955
2. The Prevention of Black Marketing and Maintenance of Supplies of Essential
Commodities Act, 1980
3. The Food Safety and Standards Act, 2006
4. The Prevention of Corruption Act, 1988
5. The Prevention of Money-Laundering Act, 2002
 P a g e | 61

6. The Narcotic Drugs and Psychotropic Substances Act, 1985

BOOKS
1. Mahesh Chandra, Socio- Economic Offences (1979).
2. J.S.P. Singh, Socio- Economic Offences (1st Ed., 2005, Reprint 2015).
3. B.R. Boetra, The Immoral Traffic (Prevention) Act 1956 (with state rules) (4th
Ed., 1988).
4. P.S. Narayan, Commentary on Immoral Traffic Prevention Act, 1956 (2nd Ed.,
2013).
5. BK Sharma and Vijay Nagpal, Treatise on Economic and Social Offences
(2017).
6. Nuzhat Parveen Khan, Law Relating to Socio Economic Offence (2018).
7. Shailesh kumar Singh, White Collar Crimes (2014).
8. Seth and Capoor, Prevention of Corruption Act with a treatise on
Anti- Corruption Laws (3rd Ed.,2000).

Suggested Readings:

1. UN Political Declaration & Action Plan against money laundering 1998

2. UN Convention against Corruption, 2003
3. Santhanam Committee Report on Prevention of Corruption in Central
Government
4. 47 Law Commission Report
th

5. Malimath Committee Report

CASE LAWS:
1. P. Chidambaram v. Directorate of Enforcement (2020) 13 SCC 791.
2. P. Chidambaram v. Directorate of Enforcement (2019) 9 SCC 24.
3. State v. Anil Sharma (2017) 13 SCC 751.
4. Malvinder Mohan singh v. State. 2020 SCC Online Del. 2001.
5. CBI v. Remender Chattopadhyay 2020 14 SCC 396.
6. [Link] Reddy v. Directorate of Enforcement 2022.
7. CBI, Bank Securities And Fraud Cell v. Ramesh Gellie and others CRL no. 167
of 2015.
8. Neeraj Dutta Vs. State (NCT of Delhi), (2019) 14 SCC 311.
9. K. Shanthamma vs. State of Karnataka, (2022) 4 SCC 574.
10. Navaneethakrishnan vs. State by Inspector of Police, AIR 2018 SC 2027.
11. Yashwant Sinha and Ors. v. Central Bureau of Investigation, (2020) 2 SCC 338.
12. Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation,
AIR 2018 SC 2039.
13. Union of India v. Ranjit Kumar Saha, (2019) 7 SCC 505.
 P a g e | 62

14. Vijay Madanlal Choudhary Vs Union of India, 2022 SCC OnLine SC 929.
15. Bablu @ Jitendra vs. State of U.P [CRIMINAL APPEAL No. - 1201 of 2021]
16. Abbas Ali v. State of Punjab, (2013) 2 SCC 195.
17. Abdul Rashid v. State of Haryana, 2014 Cri LJ 1588.
18. Abhay Singh Chautala v. C.B.I, (2011) 7 SCC 141.
19. Ajnappa v. State of Karnataka, (2014) 2 SCC 776.
20. Ashok Kumar Sharma v. State of Rajasthan, (2013) 2 SCC 67.
21. Basant Kumar Sharma v. Government of India, [2013] 120 SCL 122 (Del).
22. Budh Singh v. State of Haryana, (2013) 3SCC 742.
23. CBI v. Birendra Kumar Singh @ Virendra Kumar Singh @ Pandit, 207(2014)
DLT 680.
24. CBI v. Jagjit Singh, (2013) 10 SCC 686.
25. Centre for Public Interest Litigation v. Union of India, AIR 2014 SC 49.
26. Chitan J. Vaswani & Anr v. State of West Bengal & Anr., AIR 1975 SC 2473.
27. Gaurav Jain v. Union of India & Ors, 1997 (8) SCC 114.
28. Gian Chand v. State of Haryana, (2013) 14 SCC 420.
29. Kalicharan Mahapatra v. State of Orissa, AIR 1998 SC 2595.
30. Kanwarjit Singh Kakkar v. State Of Punjab, (2011) 6 S.C.R. 895.
31. Kashmiri Lal v. State of Haryana, (2013) 6 SCC 595.
32. Krishnamurthy @ Tailor Krishnan v. Public Prosecutor, Madras, AIR 1967 SC
567.
33. Kulwant Singh v. State of Punjab, (2013) 4 SCC 177.
34. M. Mohammed v. Union of India, [Link].1491 of 2014.
35. M/S Nestle India Limited v. The Food Safety and Standards Authority of
India, W. P (L) No. 1688 of2015.
36. M/s. G.M.H. Laboratories, HP & Sri Ram Gopal Goyal v. The Asst.
Drug Controller, Bangalore,MANU/KA/0440/2013.
37. Madan Lal Agarwal v. State through Drug Inspector, 2012 Cri L.J. 2584.
38. Mahesh Chand v. State of UP, 2013 (10) ADJ 222.
39. Mak Data (P) Ltd. v. CIT, (2014) 1 SCC 674.
40. Manohar Lal Sharma v. Principal Secy, 2013 (15) SCALE 305.
41. Namdev Genba Parthe through M/s/ Kulswami Medical and General
Stores v. State of Maharashtra.2014 (1) MhLj 266.
42. Narayanan K. v. State of Kerala, ILR (2014) 1 Ker 654.
43. Navdeep Singh v. State of Haryana, (2013)2 SCC 584.
44. Nimmagadda Prasad v. CBI, (2013) 7 SCC 466.
45. Niranjan Hemchandra Sashittal v. State of Maharashtra, (2013) 4 SCC 642.
46. PUCL (PDS Matters) v. Union of India, (2013) 2 SCC 663.
47. Rajesh Shantilal Adani v. Special Director, Enforcement Directorate, Mumbai,
 P a g e | 63

(2014) 1 GLR 819.

48. Ram Swaroop v. State (Govt. Of NCT, Delhi), (2013) 14 SCC 235.
49. Ranjit Kr v. State of Bihar, AIR 2014 Pat 14.
50. State of Kerala v. President, Parent Teacher Association SNVUP, AIR 2013 SC
1254.
51. State of Maharashtra v. Indian Hotel and Restaurants Assn., 2013(9) SCALE
47.
52. State of Rajasthan v. Bheru Lal., (2013) 11 SCC 730.
53. Subhash Popatlal Dave v. Union of India, (2014) 1 SCC 280.
54. Swami Achyutanand Tirth v. Union of India, 2013(5) SCALE 23.
55. Telstar Travels (P) Ltd. v. Enforcement Directorate, (2013) 9 SCC 549.
56. Thana Singh v. Central Bureau of Narcotics, (2013) 2 SCC 603.
57. Tummala Venkateswar Rao v. State of Andhra Pradesh, (2014) 2 SCC 240.
58. Vidya Dhar v. Multi Screen Media (P) Ltd., (2013) 10 SCC 145.
59. Vishal Jeet v. Union of India & Ors, (1990) 3 SCC 318
60. Y.S. Jagan Mohan Reddy v. CBI, (2013) 7 SCC 439.

Note: The list of cases is not exhaustive

ONLINE ARTICLES / BLOGS AND REPORTS

1. [Link]
Report-No-47-The-Trial-and-Punishment-of-Social-and-Economic-
Offences
2. [Link]
3. [Link]
n_of_Socio-Economic_Offences_e-Money_Laundering
4. [Link]
[Link]?0=ip_login_no_cache%3De7868165f01fc414f57ca0cb9f7
6fa77
5. [Link]
6. [Link]
sent=1&casa_token=&collection=journals
P a g e | 64