Syllabus 3305520230420112803
Syllabus 3305520230420112803
LAW SCHOOL
Prospectus of Studies
IN
LL.M. ONE YEAR DEGREE PROGRAMME
(TWO SEMESTER)
2020-21
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FACULTY OF LAW
ORDINANCES GOVERNING LL.M. (ONE YEAR) DEGREE Programme
WHEREAS, with the approval from UGC also under the guidance and supervision of the
board of studies, Faculty of Law, Banaras Hindu University is committed to the
promotion of quality education by adopting latest study methods & curriculums and
following this approach the faculty has started one year LL.M programme.
AND WHEREAS, with a view to further the process of reorientation of legal education
and to provide sufficient opportunity for specialization in selected field of study as well
as to develop research facilities, the Faculty of Law, Banaras Hindu University has
decided to introduce its LL.M. one year Degree Programme of Study;
AND WHEREAS, under the powers conferred by Section 4A of the Banaras Hindu
University Act 1915, as amended, and under the provision of Section 18 of this Act, the
University hereby institutes the two semester programme for the degree of LL.M. One
Year and makes the following ordinances governing admission, course of study, selection
of optional papers, submission of dissertation and its evaluation, examinations and
other matters relating to this Degree under the Faculty Law of the Banaras Hindu
University.
1. ELIGIBILITY REQUIREMENTS
1.1 A candidate shall be eligible for appearing in the Post Graduate Entrance Test (PET) for
the admission to LL.M. (One Year) Degree Programme, if he or she has passed LL.B. or
equivalent degree securing not less than 50% marks in aggregate considering all the
papers in Three Year or Five Year Degree Course as recognised by the Bar Council of
India.
1.3 Candidate awaiting result of the qualifying examination can appear for the Entrance Test,
subject to the condition that they produce the certificate of having passed the qualifying
examination as the timeline fixed by the University.
1.4 ALL candidates, except for those applying under Foreign National Category should
appear for Post- graduate Entrance Test.
2. ADMISSION TO THE LL.M. (ONE YEAR) DEGREE PROGRAMME
2.1 There shall be an Admission Committee constituted under the provision of this Ordinance
that shall consist of the Head & Dean or his nominee of the Faculty and two senior
members from the teaching staff of the faculty.
2.2 Admission to all the LL.M. (One Year) Degree Programme in the Faculty of Law shall be
based on the merit in the PET (Post- graduate Entrance Test).
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2.3 Admission cannot be claimed by any candidate as a matter of right. The admission or re-
admission of a candidate shall be entirely at the discretion of Admission Committee, which
may refuse or admit any student without assigning any reason thereof.
2.4 On his/her selection for admission to LL.M. (One Year) Degree Programme, the candidate
shall, within the time fixed by the Dean, Faculty of Law deposit tuition and other fees
prescribed for this programme. If the candidate fails to deposit the prescribed fees within
the stipulated time, his/her selection shall automatically stand cancelled. Such a candidate
shall not be admitted to the programme unless a fresh order of selection or extension of
date for payment of fees is issued by the Dean of the Law Faculty.
2.5 There is no provision for re-admission in the 1st semester of LL.M. (One Year) Degree
Programme (except as stated in promotion rules).
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in service during the academic session immediately preceding the one (session) for which
the Entrance Test is held, provided the candidate fulfils the minimum eligibility
requirements and qualifies in the PET. BHU employees’ sons/daughter’s category
applicants shall be required to submit the certificate of the employee ward only in the
prescribed format duly signed and issued by the Dy. Registrar (Administration) if called
for admission.
4.5 3% seats, on horizontal reservation basis, shall be reserved for PC (Physically
Challenged) candidates (visually impaired 1% + hearing impaired 1% + orthopedically
handicapped 1%) provided they fulfil the minimum eligibility requirements and qualify
in the UET/PET. They shall have to submit a PC certificate issued by the District CMO at
the time of submitting the application. Candidates who claim for PC category shall be
considered under this category on an approval from the University Medical Board only at
the time of admission.
5. OTHER CONDITIONS FOR ADMISSIONS
The minimum eligibility conditions for admission to LL.M. (One Year) Degree Programme has
been described in Section 1 above. In addition, following documents would also be required:
5.1 Candidates selected for admission to the concerned PG programme of study shall submit
the following certificates:
i. Transfer Certificate/Migration certificate from the University/ Institute last
attended, indicating that he/she has passed qualifying examination from another
University;
ii. Certificate of character from the Head of Institution last attended.
5.2 If the Head or Dean of the Department/ Coordinator concerned is satisfied that there are
genuine difficulties in the production of the above certificates, he/she shall, at the request
of the candidate, give him/her time to submit the above certificates within the period
prescribed by the University. In case he/she is unable to do so, his/her admission shall be
cancelled.
6. ATTENDANCE
6.1 A student is required to have full, i.e., 100%, attendance and condonation upto 30% can
be considered for specific cogent reasons. Out of this 30%, only 10% condonation will be
permitted without taking any application from the student. Rest 20% condonation may be
given by the Dean provided the student furnishes the cogent reasons for it. Further, a
student shall be deemed to have minimum percentage of attendance only if, apart from
the above, he/she has attended at least 60 % of the classes in each subject also. The cogent
reasons for condonation are given below.
i. Participation in NCC/NSC/NSS Camps duly supported by certificate.
ii. Participation in University or College Team Games or Interstate or Inter- University
tournaments, duly supported by certificate from the Secretary of the University
Sports Board or President of the College Athletic Association concerned.
iii. Participation in Educational Excursions, which form a part of teaching in any
subject conducted on working days duly certified by the Dean.
iv. University Deputation for Youth Festival duly certified by the Dean.
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v. Prolonged illness duly certified by the Medical Officer or the Superintendent, S.S.
Hospital, Banaras Hindu University or any other Registered Medical Practitioner,
provided such certificate is submitted to the Dean, Faculty of Law in time.
vi. No relaxation beyond 30% shall be considered in any case.
6.2 The attendance of a newly admitted candidate shall be counted from the date of his/her
admission, or date of beginning of classes whichever is later, while in the case of
promoted candidates, attendance shall be counted from the date on which respective
class begins.
6.3 There shall be an Attendance Monitoring Committee in the Faculty under the supervision
of Dean Faculty of Law.
7. COURSE STRUCTURE
7.1 LL.M. (One Year) Degree shall be awarded to candidates on successful completion of two
semester programme of study and after the successful submission and viva of their
dissertation work. The total intake of students in the course shall be 20.
7.2 Medium of Instruction and Examinations of LL.M. (One Year) Degree programme shall
be English. Admission, studies, examination, and continuance from semester to semester,
promotion and declaration of results for the LL.M. (One Year) Degree Programme as per
the ordinance prescribes.
7.3 LL.M. (One Year) Degree Programme runs full time from July to June. There are several
stream of courses (study group in the ordinance) in LL.M. (One Year) Degree Programme
with specialization offered as follows:
i. Constitutional and Administrative Law
ii. International Law
iii. Corporate Law
iv. Environmental Law
v. Criminal Law
vi. Intellectual Property Law
vii. Personal Law Group
viii. International Economic Law
ix. Comparative Legal Traditions
LL.M. (One Year Degree) Programme will have courses of 35 credit in two semesters covering
core papers and elective papers as given below:
Core Papers: These are the courses fundamental to the study of law as they build
foundation of legal understanding, its application in the form of tools for solving
various types of problems, allowing the students to understand the underlying
principles and canons of Law.
Elective Papers: There are wide range of Elective papers enabling students to opt
papers of their choice and interest. These papers are introduced with the purpose of
incorporating modern social, political, technological and legal advances requiring legal
intervention in the form of new legal instruments. The students are free to choose any
area of study they wish to specialise.
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7.4 The compulsory\core paper shall consist of following two papers and that shall be
completed in first and second semester.
The Compulsory Paper in the first semester:
i) Research Methodology
ii) Theory of Law and Justice
The Compulsory Paper in the second semester:
i) Comparative Law
Specialisation papers/ Elective papers will be offered in one or more group of specialization.
Each group of specialisation shall consist of six papers.
i) Constitutional and Administrative Law
ii) International Law
iii) Corporate Law
iv) Environmental Law
v) Criminal Law
vi) Intellectual Property Law
vii) Personal Law Group
viii) International Economic Law
ix) Comparative Legal Traditions
7.5 The Faculty may at its discretion alter the scheme and structure of specialization. Each
group of specialization shall consist of several papers from which students can choose the
option required for specialization. Minimum teaching hours per paper shall be three
hours per week.
First Semester
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8. SCHEME OF LL.M. (ONE YEAR) DEGREE PROGRAMME
8.1 The course shall comprise two semester namely First and Second.
8.2 In First Semester the students shall prosecute following two compulsory subjects viz. i)
Research Methodology ii) Theory of Law and Justice
8.3 In First Semester the student shall prosecute studies in three elective papers opted from the
List provided in the Schedule A and offered by the Faculty from time to time.
8.4 In Second Semester the student shall prosecute studies in one Compulsory paper viz.,
Comparative Law and shall also prosecute studies in three elective papers opted from the
List provided in the Schedule A and offered by the Faculty from time to time.
8.4 The student admitted for LL.M. (One Year) Degree Programme shall decide a topic for
Dissertation in consultation with the Supervisor.
9. SCALE OF TUITION AND OTHER FEES
The students admitted to LL.M. (One Year) Degree Programme shall be required to pay a
special course fee of Rs.60,000/- (Sixty Thousand Only) payable in two instalments (July and
January) besides the normal fees payable to the University. The hostel accommodation is not
guaranteed but in case the student resides in hostel allotted to him as per rule, he shall have
to pay hostel fees prescribed by the University.
10. INTER-UNIVERSITY ORDINANCES
10.1 Notwithstanding anything contained in these ordinances a student, who is qualified under
the foregoing ordinances for admission to University and who is a member of some other
Indian University shall not be admitted to the University or any constituent faculty
without the production of:
i) leaving or transfer certificate signed by the Principal of the College last attended and
certifying to the satisfactory conduct of the student mentioning the highest
examination he/she has passed, and;
ii) a certified copy of all the entries against his/her name in the enrolment register of the
University if such a copy is obtainable.
10.2 A student of some other Indian University shall, in any case, be admitted only at the beginning
of the particular degree programme, which he/she proposes to take in the University.
11. EXAMINATION
11.1 Each course shall be of 100 marks. The course and their marks for the First Semester
shall be as under:
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11.2 The Course and their marks for the Second Semester shall be mentioned as under:
11.3 The question paper shall be set and the answer script shall be evaluated by the teachers
concerned with the course. If there is more than one teacher teaching the course, the
question paper shall ordinarily be set and evaluated by a teacher of the group appointed
by the Board of Examiners. The Board of Examiners may, if considers appropriate,
constitute a group of evaluators comprising university teachers belonging to concerned
subject.
11.4 The marks obtained by the students in each Semester shall be displayed on the Notice
Board of the Faculty. The student may, if he/she desires, his/her evaluated answer script
within 7 days of display on the notice board by contacting the teacher concerned. In case
of any objection by the student regarding evaluation of answer book, the answer script
shall be evaluated by a panel of two senior faculty members to be nominated by the Dean
and the decision of the panel shall be final.
11.5 After the expiry of 7 days since the display of marks on notice board, the examiner shall
send the Award List along with evaluated script to the Controller of Examination for
declaration of result.
11.6 Once the evaluated answer scripts are submitted to the Controller of Examination, there
shall be no re – evaluation/re – totalling thereafter.
12.1 A student of the LL.M. (One Year) Degree Programme shall not be permitted to seek
admission concurrently to any other fulltime degree or diploma programme in the
University or elsewhere unless otherwise provided for in the Ordinances hereinafter
defined.
12.2 To qualify for the LL.M. (One Year) Degree Programme, the candidate must:
i) satisfy the minimum requirement as prescribed above for the LL.M. (One Year) Degree
Programme;
ii) attend regular courses of lectures, seminars, sessionals/ practicals as may be prescribed
for the LL.M. One Year Examinations in the relevant prospectus of studies;
iii) pass in the required number of courses taught during the two semesters, as the case may
be, to accumulate the stipulated minimum number of credits prescribed for the degree.
An Examination shall be held at the end of each semester in various courses taught
during that semester. The overall performance in sessionals/ practicals and written
examinations in the prescribed number of courses shall determine the result of the
candidate for the LL.M. (One Year) Degree Programme in accordance with the rules and
regulations prescribed for the purpose.
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iv) Sessionals shall include class tests, presentations, midterm/endterm assignments etc. as
prescribed by the various Boards of Studies.
13. THE CREDIT SYSTEM
13.1 The credits specified for LL.M. (One Year) Degree Programme describe the weightages of
various courses of the programme. The number of credits along with grade points that the
student has satisfactorily completed measures the performance of the student. Satisfactory
progress of a student is subject to his/ her maintaining a minimum Cumulative Grade
Point Average (CGPA), as well as minimum grades in different courses of the
programme. A certain number of credits as specified in these Ordinances must be earned
by the student to qualify for the degree. Description of credit distribution for core
Courses, elective courses and Dissertation has already been shown.
13.2 Assignment of Credits
(i) For all theory (Lecture) courses, one credit shall be assigned for one one-hour lecture
per week in a semester.
(ii) Credits shall be in whole numbers.
(iii) A credit can be earned from lectures/tutorials, practical/viva-voce, project/field
work, report writing etc. Credits can also be awarded for Field visits and other
course requirements such as dissertation, minor and major projects etc. The credits
for an activity are given only when an activity is completed and cleared as
prescribed in the syllabus.
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∑ Cj.Pj
j=1
(ii). CGPA = -------------------------
m
∑ Cj
j=1
where,
Cj = Number of credits assigned for the jth course, up to the semester for which CGPA is to be
calculated.
Pj = Grade point earned in jth course.
j = 1, ------- m; represent the number of courses in which a student was registered up to the semester
for which CGPA is to be calculated.
Script and Duration of Examinations
(i) Except when otherwise directed by the Ordinances or by the examiner in the examination paper,
every candidate shall answer question in English language in the examination in all the courses.
(ii) Each individual paper shall be of three hour.
13.3 Grading System: The grading system, as detailed hereunder shall be applicable for each course:
90 -100 S 10
80 - 89 A 9
70 - 79 B 8
60 - 69 C 7
50 - 59 D 6
40 - 49 E 5
00 - 39 F 0
Non-appearance in I -
examination (Incomplete)
Incomplete Project / Z -
Dissertation / Training
Explanation:
Latter grades S, A, B, C, D, E and P in a course mean that the candidate has passed that
course.
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The F grade denotes poor performance, i.e., failing in the course. A student has to appear at
subsequent examination(s), if provided under the ordinances in all courses in which he/she
obtains "F" grade, until a passing grade is obtained.
The I Grade: The "I" Grade is awarded, when a student does not appear in the examination
of course/courses. This shall be treated as "F" Grade.
The Z Grade: An "Z" Grade is awarded to a student if he/she does not complete Written
Assignment/Dissertation/Training. This will be converted to a regular grade on the
completion of the Project/Dissertation/Training Work and its evaluation. The "X" Grade
shall be treated as "F" Grade.
13.4 Grace Rule: Tabulators shall award grace marks as per the following guidelines:
i) A student who fails in not more than 3 theory courses by total marks of not more than ½
the number of total theory courses of the semester (any) fraction is rounded off to the
next higher number), shall be awarded grade "P" (in place of grade "F") of Grade Point 4
in the concerned courses.
ii) Grace Mark will not be awarded for making up shortfall in minimum SGPA/CGPA or
improving the grade.
14. EXAMINATION SYSTEM
14.1 Theory, dissertation courses and Viva-Voce examination shall be of 100 marks. For
evaluation, the overall structure of the distribution of marks in a course shall be such that
30 marks are allotted to various assessments during the semester, while 70 marks shall be
allotted for the end semester examinations.
14.2 The Scheme of Assessment during the Semester (for 30 Marks)
i The assessment (sessional) in theory courses shall comprise Oral presentation of 10
marks and 20 marks for Mid Semester Test pertaining to the concerned course.
ii The Project/presentation shall be conducted by the teacher (or group of teachers)
teaching the course and the marks shall be displayed on the Notice Board.
iii The Head/Coordinator shall ensure that all internal assessment marks of sessionals
are sent to Controller of Examination prior to the commencement of End Semester
Examination.
iv There shall not be any sessional marks for courses, which involve Dissertation.
v Sessional marks of a course shall be carried over for failed students in the course.
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marks shall be sent by the examiner to the Office of the Controller of Examinations for
declaration of the results.
iii In case of any objection by a student in the evaluation, the same shall be looked after
by a panel of two senior faculty members, to be nominated by the Dean, whose
decision shall be final.
iv Once evaluated answer books are submitted to the Controller of Examination there
will be no re-evaluation/re-totaling thereafter.
14.4 Dissertation
i Candidate shall be required to submit the Dissertation at least two weeks before the
commencement of Second Semester Examination.
ii The candidate shall be required to secure at least 50% marks in the Dissertation to
pass the Examination.
iii The Examiner shall either-
a. Award at least 50% marks, or
b. Return the Dissertation for revision, or
c. Reject the Dissertation.
iv The candidate who’s Dissertation is returned for revision may revise the
dissertation and re-submit it within a period of two months. Failure to submit in
time shall result in a declaration that the candidate has failed at the relevant LL.M.
Examination.
v A Dissertation can be revised only once. If the candidate fails to secure pass marks
in the revised Dissertation he shall be declared failed in the LL.M. Examination.
vi The candidate whose Dissertation is rejected, may with the approval of Head &
Dean, the Faculty of Law write a Dissertation on another topic and submit it within
a period of six months. And if he fails to secure pass marks in respect of this
Dissertation also, he shall be declared failed at LL.M. Degree Examination.
vii A Dissertation shall be examined by a Board of two examiners at least one of them
shall necessarily be an external examiner.
viii The evaluation of the two examiners shall be coordinated as hereunder:
(a) Each examiner shall award marks out of 100 which shall be subsequently
averaged.
(b) If one of the examiners return the Dissertation for revision or rejects the
Dissertation, his decision shall prevail provided that if one of the examiners
has rejected the Dissertation and another examiner has returned it for revision,
the Dissertation shall be deemed to be rejected.
14.5 Viva-Voce Examination
i The Viva-Voce Examination shall be conducted by a Board of Examiners.
ii The Board shall consist of three members; at least one of them shall be an external
member.
iii The Viva-voce Examination shall carry 100 marks.
iv The candidate shall be required to obtain a minimum of 50 marks to pass the Viva-Voce
Examination.
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The Controller of Examinations may, if satisfied that an examinee’s admit card has been
lost or destroyed, grant duplicate admit card on payment of a further fee of Rs. 10/-
15. PROMOTION RULES AND SUPPLEMENTARY EXAMINATION
There shall be no supplementary examination for First & Second semesters.
15.1 First Semester Course & Examination
The candidates who have taken admission in the First Semester of LL.M. (One Year) Degree
Programme in a session can be put in the following two categories on the basis of their
attendance in the Semester:
I. (1) Those who have put in the required minimum percentage of attendance for
appearing in the First Semester Examination and filled up the examination form
in time for appearing at the First Semester Examination.
(2) Those who did not put the required minimum percentage of attendance for
appearing at the First Semester Examination or did not fill up examination form
in time for appearing at the First Semester Examination.
Candidates under Category (1) are eligible for appearing at the examination of First
Semester, while candidates under Category. (2) are not allowed to appear at the
examination of the Semester.
The candidates under Category (2) may further be put in two sub-categories (2a)
and (2b). The candidates whose attendance is 25% or above but below the prescribed
percentage of attendance for appearing in the examination, will be put in category (2b)
while those candidates whose attendance is below 25% will be put in category (2a). The
candidates under category (2b) are eligible for re-admission in the same course in the
subsequent session if otherwise eligible. Further candidates of category (2a) are not
eligible for re-admission. However they may appear in the Entrance Test of respective
course in subsequent year(s).
II. After appearing at the Examination of I-Semester the candidates can be put in the
following categories in the context of declaration of the results of the First Semester
Examination:
i Passed, i.e., those who have passed in examinations of all courses of the
Semester.
ii Promoted, i.e., those who have not passed in examinations of all the courses of
the Semester.
iii Minimum passing grade – Grade ‘E’ for each course. However, candidates with
grade ‘P’ in a course shall also be considered as passed in that course.
iv Promotion to Second Semester:
All students who have put in the minimum percentage of attendance in First Semester
and filled up the examination form in time shall be promoted to the Second Semester.
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appear at the respective examinations. However, students who have not put in the minimum
percentage of attendance or did not fill up the Examination form in time in Second Semester
shall be allowed to take re-admission in Second Semester only once in the immediately
following Academic year.
15.3 Declaration of Results
A candidate can be put in the following two categories on the basis of the results of First and
Second Semester Examinations (taken together)
(i) Passed: A candidate who has passed in examinations of all the courses of the First &
Second Semesters;
(ii) Failed: All the candidates who have not PASSED will be categorized as “FAILED”. Such
“FAILED” candidates may appear in subsequent supplementary or Main examination(s) of
LL.M. First/Second Semester Course as ex-candidate., if otherwise eligible. A candidate who
has obtained less than 4.0 CGPA in the examinations of First & Second Semesters taken
together shall be treated as failed.
15.4 Re-Registration for Examination:
i A candidate who having pursued a regular course of study in LL.M. First Semester or
LL.M. Second Semester fails to appear at the main examination of the respective
semester/semesters; or having appeared fails to pass in any of the papers comprising
the said examination may appear in subsequent examination of the concerned the next
academic session within a period of Two years from the date of his registration for the
First Semester.
ii The supplementary examinations for First and Second Semester will normally be held
after 30 days of the declaration of the results of the LL.M. Second Semester’s main
examination held for regular courses.
iii The marks by the candidate at any examination in respect of which he/she has secured
less than minimum pass marks shall be substituted by the marks obtained by him in the
subsequent examination or supplementary examination in respect of the concerned
paper or papers.
A student who has failed in a course shall get one more chance to clear this course
subject to the maximum duration for passing the course. Further, each candidate shall
have to clear all the courses within the maximum period of Two years from the date of
his/her latest admission in the First Semester.
16. DECLARATION OF DIVISION
A candidate who has passed in all the papers/ courses of First and Second Semesters of One
year PG programmes taken together shall be declared as ‘Passed’. Such passed candidates
may be awarded with the division according to the following criteria:
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The conversion formula for converting CGPA to the corresponding Percentage of Marks
will be as follows:
X = 10 Y - 4.5
where, X = Percentage of Marks
Y = CGPA
17. FURTHER CLARIFICATION
The students who were admitted in LL.M. (One Year) First Semester of the Academic Year
2019-2020 or before (i.e. 2014-2016) and were either detained or failed in examinations of
that concerned year, they shall be governed by old Ordinances subject to the condition that
the candidates have to complete the study of one year comprising LL.M. Degree course
within a maximum period of two years from the date of their registration for the First Year.
MISCELLANEOUS PROVISIONS
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1. These Ordinances contained herein shall be deemed to have come into effect from
the academic session 20120-2021 to the extent of its applicability.
2. The Dean of the Law School in consultation with the departmental council shall
have the power to remove all difficulties in interpretation and/or application of
these Ordinance, which shall be final.
Definition
1. A ‘Regular Student’ is one who has pursued a regular programme of study and obtained
prescribed attendance mentioned in the ordinances and is eligible to appear in the
examination.
2. ‘Ex-student’ means one who has studied in the Faculty for at least one semester preceding
the date of the examination and had filled up the examination form but failed or had
failed to appear in the examination, though otherwise eligible.
Note: Academic calendar for the odd and even semesters shall be notified at the beginning of
every academic year
a. The students will have to select any one group from the various elective
groups.
b. The topic for Dissertation will be assigned in the beginning of the Second-
Semester and the candidates are required to submit Dissertation in the end of
the Second- Semester.
c. In each semester students will have to select three elective papers from the
concerned group.
Course Cour
Nature of Course Credits
Code No. se
I-Semester
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LMOC 413 Competition Law Elective 3
Group D: Environmental Law
LMOD 411 International Environmental Law Elective 3
LMOD 412 Natural Resource Law in India Elective 3
LMOD 413 Pollution Control Law in India Elective 3
Group E: Criminal Law
LMOE 411 Criminology, Penology and Victimology Elective 3
LMOE 412 Criminal Law in India Elective 3
LMOE 413 Corporate Crimes Elective 3
LMOE 414 Collective Violence and Criminal Justice System Elective 3
LMOE 415 Crimes against Social and Economic Security and Elective 3
Problems of their Control
Group F: Intellectual Property Rights
LMOF 411 Introduction to Intellectual Property Rights Elective 3
LMOF 412 Law of Copyright including Neighbouring Rights Elective 3
LMOF 413 Trademark Law Elective 3
Group G: Personal Laws
LMOG 411 Hindu Jurisprudence and Hindu Personal Law Elective 3
LMOG 412 Protection of Woman’s Right Elective 3
LMOG 413 Sociological Perspectives of Personal Law Elective 3
Group H: International Trade & Economic Law
LMOH 411 Development and Regulation of International Trade Elective 3
LMOH 412 International Trade and Private International Law Elective 3
LMOH 413 Subsidies, Agriculture and Dumping Elective 3
II-Semester
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LMOE 422 Laws of Corruption Elective 3
LMOE 423 Drug Addiction, Criminal Justice and Human Rights Elective 3
Group F: Intellectual Property Rights
LMOF 421 Law of Patent Elective 3
LMOF 422 OTHER Forms of IPR Elective 3
LMOF 423 Contemporary Issues in IPR Elective 3
Group G: Personal Laws
LMOG 421 Islamic Jurisprudence And Muslim Personal Law Elective 3
LMOG 422 Procedural Aspect of Personal Law Elective 3
LMOG 423 Christian, Parsi And Other Personal Laws Elective 3
Group H: International Trade & Economic Law
LMOH 421 International Investment Law Elective 3
LMOH 422 Dispute Settlement Elective 3
LMOH 423 Import & Export Practices Elective 3
LMOH 424 Countertrade Practices & Method of Payment Elective 3
Total Credits of LL.M. (One Year) 35
SCHEDULE
LL.M. (One Year) COURSE OF STUDY
LL.M. FIRST SEMESTER
CORE PAPERs
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5. Marxist Theory of Law with special reference to Pashukanis, Karl Renner and Antonio
Gramsci
6. Critical legal Studies and Feminist Jurisprudence
7. Postmodernism in Law
8. Natural Law and its Revival
9. Concept of Justice
10. Theories of justice-Equalitarian, Utilitarian, Social Justice and Justice in the era of
Globalization- Nozick’s theory of Entitlement, Posner’s Economic Theory of Justice
11. Theories of Adjudication
OPTIONAL GROUPS
1.
Electoral reform- NOTA and Right to recall – Need for Change in The
Representation of People Act, 1951
2. Institution of Lokpal and Lokayukta
3. Right to Information Act and Open Government
4. Civil Services Rules and Constitutional Safeguards (309, 310 & 311)
LMOA 413: LOCAL SELF GOVERNANCE
The Course shall comprise of the following:
1. Historical Perspectives: Early period, Gram Swaraj-the Gandhian concept
2. Constitutional Scheme: Directive Principles, Structure and powers of local bodies
3. Legislative Powers: Direct democracy and grass root planning, Municipalities and
corporation, gram Sabha
4. Quasi-legislative Powers: Rule making power of the State Government,
Regulations and Bye-laws
5. Financial Powers: Levying taxes, Licensing power, Financial resources and powers
6. Judicial and Quasi-judicial powers of the Local Bodies
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7. Conduct of Meetings- Corporation, Municipal Council, Panchayat Committee and
Gram Sabha
8. Institutional and Judicial Control
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7. Use of force: validity of India’s actions in Kashmir, Goa and Bangladesh.
8. India and WTO
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LMOC 421: BUSINESS MANAGEMENT
The Course shall comprise of the following:
1. Key managerial personal under Companies Act, 2013
2. Directors and officers: Types of Directors under Companies Act, 2013,
Qualifications, Appointment and Removal, Legal position of Directors. Liability of
the directors and other Officers of the Company.
3. Meetings of the Company- Statutory Meeting, Annual General Meeting and
Extraordinary Meeting.
4. Company Secretary- Appointments and his legal position
5. Audit Committee
6. Corporate social responsibility AND Corporate Governance
7. Investigation into affairs of Company. NCLT & NCLAT.
LMOC 423: CORPORATE FINANCE
The Course shall comprise of the following:
1. Meaning, importance, objectives and scope of corporate fiancé.
2. Financial Instruments
3. Mutual funds
4. Inter Corporate Loan
5. Institutional investments
6. Arrangement and Reconstruction
7. Protection of creditors
8. Protection of Investors
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4. Sustainable Development: Legal Implications, The Legal Status of Sustainable
Development
5. Global Environmental Responsibility of the States
6. Customary International Law Concerning Trans Boundary Pollution and
Environmental Harm.
7. Legal Status of Natural Resources and Common Spaces
i Permanent Sovereignty over natural resources
ii Shared Natural Resources
iii Common Property
iv Common Heritage
LMOD 412: NATURAL RESOURCE LAW IN INDIA
The Course shall comprise of the following:
1. Water Resources
a. Water Law and Policy in India
i. Constitutional Aspect
ii. National Water Policy, 2012
iii. Recent Legislative Attempts related to water
b. Management of fresh water in India
i. Inter-State Rivers
ii. Inter - Linking of Rivers - Law and Policy
iii. Protection of water bodies - Lakes, Tanks; Ponds law and policy
c. Management of Ground Water
i. Ground Water Utilization
ii. Depletion of Ground Water
iii. Ground water Status
iv. Implementation of Legislations on ground water in India
2. Protection and Conservation of Forest; Law and policy in India
i Constitutional Aspect
ii Forest Policy
iii Forest Conservation Act, 1980
iv Forest Conservation and Judicial Activism / Directions of the Supreme Court
of India
3. Energy, Environment and regulatory measures
i Conventional and non-conventional sources of energy
ii Recent legislative attempts related to conventional and non-conventional
source of energy
iii Nuclear Energy and its impact on environment
iv Civil Liability for Nuclear Damage Act, 2010
4. Resource Management
i Conversion of open space
ii Ecological Disorder in Residential Colonies
iii Industry location and relocation in urban area
iv Brick kilns and Stone Crushers
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v Wet Lands, Conversion of wet lands, Judicial Response on Conversion of wet
lands
LMOD 413: POLLUTION CONTROL LAW IN INDIA
The Course shall comprise of the following:
1 Constitutional Mandate and Environment with special reference to Article 32 and
226. (emphasis shall be given on use of PIL as a tool to provide Environmental
Justice)
2 Comparative Study of The Water Act, 1974, the Air Act, 1981 and the Environment
(Protection) Act, 1986 with special reference to Authorities, Mechanism and
Sanctions
3 Efficacy of Remedies –Criminal Procedure Code, 1973, Public Liability Insurance
Act, 1991. The National Green Tribunal Act, 2010 and Citizen’s Suit Provisions.
4 Specific Environmental Problems and Legal Responses – special emphasis shall be
placed on rules and notification framed under the Environment
5 Environment Impact Assessment and People’s Participation. EIA and Public
Hearing under the Environment Protection Act, 1986 (EIA Notification 2006 as
amended from time to time).
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4. Defences:
i) Mistake
ii) Necessity
iii) Unsoundness of mind
iv) Intoxication
v) Private Defence
5. Offences Against Human Body
i) Culpable Homicide and Murder
ii) Kidnapping and Abduction
6. Offences Against Property:
(i) Theft (ii) Extortion (iii) Robbery (iv) Dacoity
7. Offences against Marriage:
(i) Bigamy, (ii) Adultery
8. Offence against Morals: Obscenity
9. Offence against State: Sedition
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(ii) Ahimsa in Hindu, Jain, Buddhist, Christian, and Islamic traditions in India
(iii) Gandhiji’s approach to non-violence
(iv) Discourse on political violence and terrorism during colonial struggle
(v) Attitudes towards legal order as possessed of legitimate monopoly over
violence during the colonial period.
3. Agrarian Violence and Repression
(i) The nature and scope of agrarian violence in the 18-19 centuries India.
(ii) Colonial legal order as a causative factor of collective political (agrarian)
violence
(iii) The Telangana struggle and the legal order
(iv) The Report of the Indian Human Rights Commission on Arwal Massacre
4. Violence against the Scheduled Castes
(i) Notion of Atrocities
(ii) Incidence of Atrocities
(iii) Uses of Criminal Law to combat Atrocities or contain aftermath of
Atrocities
(iv) Violence Against Women.
5. Communal Violence
i Incidence and courses of “communal” violence
ii Findings of various commissions of enquiry
iii The role of police and para-military systems in dealing with communal
violence
iv Operation of Criminal Justice system in relation to Communal Violence.
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6. Organized Crimes: Smuggling – Customs Act 1962, Conservation of Foreign
Exchange and Prevention of Smuggling Act 1974 (COFEPSA), Prevention of illicit
Traffic in Narcotic Drugs and Psychotropic Substances Act 1988 (PITNDPS Act).
7. Corporate Crimes: Corporate Criminal Liability, Individual and organization
Liability Dilemma – allocating responsibility – human or corporate, Indian Penal
Code, Essential Commodities Act 1955, Food Safety and Standard Act 2006, Drugs
and Magic Remedies (Objectionable Advertisements) Act 1954,
8. Drugs and Cosmetic Act 1940, Organ Transplant Act 1994, Pre-Conception and
Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994, Foreign
Exchange Management Act 1999 (FEMA), Arms Act 1959, Prevention of Money
Laundering Act 2002, Shell companies.
9. Corruption: Prevention of Corruption Act, Prevention of Money Laundering Act
2002, Lokpal and Lokayukta Act 2013, Prohibition of Benami Property
Transactions Act 1988, Black Money (undisclosed Foreign Income and Assets) and
Imposition of Tax Act 2015.
10. Dowry and Dowry related Crimes: Indian Penal Code, Dowry Prohibition Act
1961.
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5. Licencing and Assignment of IP
Unit VI Module on Biodiversity and IPR: Interface
1. Patent and Plants: TRIPs perspective
2. Evolution of Sui Generis Model of Protection
3. International Sui Generis Model Law: UPOV
4. PPVFR Act: Varieties protected, Farmer’s Rights and procedural details.
5. Protection of Traditional Knowledge
6. Interface between Patent Act, 1970 and Biodiversity Act, 2002
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Unit I. Introduction:
1. Meaning, Justification and functions of ‘Trademarks’
2. Meaning & Characteristics of trademarks
3. International Arrangements :
a) Paris Convention
b) Trade related aspects of intellectual property rights (TRIPs)
c) Madrid System
d) Trademark Law Treat y
e) Nice agreement
f) Vienna Agreement
4. Categories of trademarks
a) Conventional trademarks: Well-known marks, certification marks, collective
trademarks, series trademark and associated trademarks.
b) Non-Conventional trademarks: Sound marks, taste marks, olfactory marks.
Unit II. Creation of Trademark and Bars to Protection:
1. Meaning of Mark and Trademark
2. Ground for refusal of Trademarks:
a) Absolute grounds for refusal
b) Relative grounds for refusal
Unit III. Registration of Trademarks:
1. Procedure of registration
2. Honest & concurrent users
3. Effects of registration.
4. Licensing of trademark
5. assignment of trademark with or without goodwill
Unit IV. Scope & Enforcement of Registered Trademark
1. Infringement of trademarks
2. Protection of well-known trademarks
3. Defences against trademark infringement
Unit V. Enforcement of Unregistered Trademarks: Passing off
1. General principles
2. Evidences in passing off action
3. Difference between infringement and passing off
4. Remedies for Infringement and Passing off
VI. Contemporary Issues in Trademarks
1. Parallel importation and its legality under the Act
2. Disparagement & Comparative Advertisement.
3. Character and Celebrity Merchandising
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GROUP G: PERSONAL LAWS
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Unit. IV. Guardianship under different personal law in India
(a). Hindu
(b). Muslim
(c). Christian
(d). Parsi
Unit. V. Special Legislation-
(a). The Dowry Prohibition Act, 1961
(b). The Medical Termination of Pregnancy Act, 1956
LMOG 413: SOCIOLOGICAL PERSPECTIVE OF PERSONAL LAW
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3. Objective, Functions,
Unit. 3. Governance Structure, Decision making
1. Rule Making in the WTO
2. Right of initiative and proposals
3. Voting
Unit. 5. WTO Relations with governmental and Nongovernmental Organizations.
1. Developed, Developing & Less- Developed Countries and the GATT/WTO
2. Protocols of Accession
3. General and Security Exceptions under WTO
4. Doha Round and Contemporary discussions in Ministerial conferences
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LMOC 413: SUBSIDIES, AGRICULTURE AND DUMPING
Unit. 1. Subsidies &Countervailing Measures under WTO
1. Evolution, Concept and Justification.
2. The Agreement on Subsidies and Countervailing Measures, 1994:
3. Definition of subsidy, Disciplines on Subsidies under SCM Agreement (Prohibited
Subsidies, Actionable Subsidies, Non-Actionable Subsidies),
4. Imposition of Countervailing Measures,
5. Indian perspective on Subsidies.
Unit. 2. Agriculture
1. Evolution of Law Relating to trade in Agricultural goods under International Trade
Regime;
2. Agreement on Agriculture (AoA), 1994:
3. Price volatility & issue of Food Security,
4. Aggregate Measurement of Support
5. Commitment under AoA: Market access, Domestic support
6. Export subsidies in Agricultural Trade, Food Security under AoA.
Unit. 3. Dumping
1. Evolution& Concept;
2. Trade Practice of Dumping and its type. Predatory pricing
3. The Anti-Dumping Agreement, 1994: Definition of dumping and Anti- Dumping, Principles,
determination of dumping,
4. Dumping investigation: definition of domestic industry, Calculation of dumping margin, Evidence,
Provisional Measures, price undertakings, imposition and collection of anti-dumping duties,
5. Anti-dumping legislation in India and Judicial approach.
SECOND SEMESTER
CORE PAPER
LMO 421: COMPARATIVE LAW
The course shall comprise of the following:
1. Comparative Law:
(a) Meaning, definition and tools of Comparative Law
(b) Concept of public law and contemporary significance
(c) Distinction between Public law and Private Law, Civil and Common law,
Comparative law & other branches of law
(d) Globalisation & Comparative Law
2. Concept of Constitution and Constitutionalism
(a). Meaning and idea of Constitution, nature and objectives
(b). Essentials of Constitutionalism (written Constitution, separation of powers &
judicial review
(c). Distinction between constitution and constitutionalism
(d). Constitution as Fundamental Law (supreme law)
3. Constitution Foundations of Powers
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(a). Rule of Law
Dicey’s Concept of Rule of Law
Modern Concept of Rule of Law
Social and economic rights as part of Rule of Law
(b). Separation of Powers
Concept of Separation of Powers
Checks and Balances
Separation of Powers or Separation of Functions
4. Forms of Governments
13. Federal and Unitary Forms
Features, Advantages and Disadvantages
Role of Courts and Presidential Forms of Government
14. Parliamentary and Presidential Forms of Government
5. Organisation and Jurisdiction of Higher Judiciary
(a). Writ Jurisdiction
(b). Judicial Activism
(c). Concept and Origin of Judicial Review
(d). Limitations on Judicial Review- Scope, Approach of Indian and American S.C.
(e). Judicial Accountability
6. Federalism-
Concept, Nature and Meaning of Quasi Federalism, Co-operative Federalism,
Competitive Federalism, Protection of Constitution Rights through political
process in India, USA and U.K., Sarkaria Commission Report and Molly
Commission Report.
OPTIONAL GROUPS
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Unit IV: Administrative Adjudication
1. Need Impotency for Administrative Adjudication
2. Efficacy of Tribunals as an alternative institutional mechanism with special
reference to CAT, NGT etc.
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6. Clinical Trials and Human Health: Declaration of Helsinki; Nuremberg code; Council
for International Organizations of Medical Sciences (CIOMS) Guidelines; Regulatory
Framework in India.
7. Patents and Health: Influence of Pharmaceutical MNC’s in Reshaping International
Patent Regime; Pharmaceutical Patents in India; Compulsory Licencing of Patents.
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3. The composition of Arbitral Tribunals, types of disputes submitted to Arbitral
Tribunals, procedure and Rules applied by Arbitral Tribunals, Admissibility or
Inadmissibility of appeal.
4. Diverse fields of Arbitral Awards: State Territory, the Individual, International
Delinquencies, Treaties.
5. The efficacy of Arbitral Awards.
6. The Immunities of International Organizations.
7. Internationally Protected Persons.
8. Diplomatic Law and Indian State Practice
GROUP C: BUSINESS LAW
1. The Problems of Definition and various Legal Forms a MNE may have
2. The Regulation of MNEs through Company Law
3. Taxation Problems Associated with MNEs
i International double Taxation
ii The Transfer Pricing Problem
iii The Indian Tax Law and the Incomes of Non-Resident Indians
4. Domestic Laws on Foreign Shareholdings in National Companies: The Relevant
Provisions of the FEMA
5. Corporate Governance and MNEs
6. The Environmental Issues and MNEs
i Exporting Environment al Hazards through MNEs
ii Industrial Accidents and the Problem of Corporate Veil
7. International Standards and the Foreign Investors: The Draft UN Code of Conduct on
Transnational Corporation and the OECD Guidelines
LMOC 412: BANKING AND INSOLVENCY & BANKRUPTCY LAW
The Course shall comprise of the following:
Unit I. Banking Law
1. The evaluation Banking Services and Historical Background in India
i History of Banking in India
ii Bank Nationalization and Social Control over Banking
iii Various Types of Banks and their Functions
iv Contract between Banker and Customer: their Rights and Duties
2. Regulation of the Banking Companies in India under:
i Reserve Bank of India Act, 1934
ii Banking Regulations Ac
Unit II. The Insolvency and Bankruptcy Code, 2016
i. Introduction
ii. Insolvency Resolution and Liquidation for Corporate Persons
iii Insolvency Resolution and Bankruptcy For Individuals and Partnership Firms
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LMOC 413: MERGERS AND ACQUISITION & ADVANCED COMPETITION LAW
1. Mergers and Acquisition transactions in India
2. Anti- Competitive Agreements, Horizontal and Vertical agreement, Rule of Perse and
Reason, Appreciable Adverse Effect on Competition (AAEC) in India, Exemption,
Prohibition of Anti competitive agreement/ Cartel/Bid Rigging.
3. Enterprise, Relevant Market, Dominance in Relevant Market, Abuse of dominance,
Predatory Pricing.
4. Combinations: Merger, Acquisition, Amalgamation and Takeover - Horizontal, Vertical
and Conglomerate Mergers - Combinations covered under the Competition Act, 2002 –
Regulations, Penalties.
5. Establishment and Constitution of Competition Commission of India, Powers and
Functions- Jurisdiction of the CCI – adjudication and appeals, -Competition Appellate
Tribunal(CompAT), Director General of Investigation (DGI)- Penalties and Enforcement
LMOC 424: LAW ON SECURITIES AND FINANCIAL MARKETS
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III. Mining and quarrying
IV. Concepts of Common Property and State Property:
V. Forest
3. Wildlife
I. Common facilities and the right to use: roads, parks, pathways, lakes, rivers
II. Natural heritage- Tribal habitat
III. Historical monuments
IV. Wet lands: Wise use concept
4. Energy:
I. Sources
II. Energy related environmental problems: tapping, transmission and utilization,
indiscriminate use
III. Utilization of conventional energy: hydro-electric, thermal and nuclear
IV. Non-conventional energy: Solar, Wind, Tidal and Biogas
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LMOD 423: BIOLOGICAL DIVERSITY AND LEGAL ORDER
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iii. Perspectives on the Future
7 United Nations and International Crimes
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GROUP F: INTELLECTUAL PROPERTY RIGHTS
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1. Concept of GI, Rationale of protection of GI, Distinction of GI and Trademark,
Distinction between GI and collective mark, GI as a means to preserve
traditional knowledge
2. Global efforts for protection of GI:
3. Protection for a geographical indication: Sui generis systems of protection,
Potential obstacles to protect GI, Generic character, Homonymous geographical
indication
4. The Geographical Indication of Goods (Registration and Protection) Act, 1999:
Registration of GI, Duration, Renewal, Restoration, Cancellation, Rights
conferred by registration
Unit II: Industrial Design
1. Need for Protection of Industrial Designs
2. Subject matter of Protection and Requirements
3. The Designs Act 2000
4. Procedure for Obtaining Design Protection
5. Revocation, Infringement and Remedies
UNIT III: Trade Secrets
1. Defining Trade Secrets
2. Trade Secrets v. other forms of protection
3. Techniques of Secrecy Protection
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3. Digital Agenda under Copyright
4. Protection of Computer Programme
5. Domain Name and IP laws
UNIT II: Recent Issues
1. IPR issues in Biotechnology
2. IP & SMEs
3. Standard Essential Patents
4. IP Enforcement & Blockchain Technology
5. Internet of Things and IP
6. Open source software and related IP issues
7. Celebrity Law and Trademark Issues
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LMOG 424: CHRISTIAN, PARSI AND OTHER PERSONAL LAWS
The Course shall comprise of the following:
1. The Indian Christian Marriage Act, 1872
2. The Divorce Act, 1869
3. Parsi Marriage and Divorce Act, 1936
4. Alimony under Christian and Parsi Law
5. Custody of Children under Christian and Parsi Law
6. Indian Succession Act,1925
7. Special Marriage Act, 1954
i. Conditions of Special Marriage, Matrimonial remedies
ii. Marriage Officers, Objection to Marriage, Powers of Marriage Officers,
Certificate of marriage, Registration of Marriage.
iii. Consequences of Marriage under this Act, Punishment and Penalty.
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iv. Implementation and Enforcement of Dispute Settlement Decisions
v. A Re-Appraisal of Non-Violation Complaints Under the WTO Dispute Settlement
Procedures 5.6) The Application of Non-WTO Rules of International Law in WTO Dispute
Settlement
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iii. Documentary Collection
6. Liability and Responsibility of the Banks
1. Documentary Credit System: Letters Of Credit
(i) General
(ii) Fundamental Principles
(iii) The Autonomy Of The Credit
(iv) The Doctrine Of Strict Compliance
(v) UCP No. 600
2. Kinds Of Letters Of Credit
*****
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