Semester-IX

CC-38
Administrative Law Course
Code:BALLBHC901
Credit: 4 Marks: 100 [20(CA)+80 (ESE)]

Objectives
1) To provide basic idea about the principles governing the administrative Law
2) To make aware about the review of administrative action by courts and tribunals
3) to make familiar students to apply those principles in complex factual situations

Learning Outcomes
At the end of the course, students will be able to:
1) Analyse and apply the principles of administrative law to a complex legal problem
2) Analyse government decision making in right perspective
3) Analyse the impact of governmental policy on the basis of the operation of theadministrative
Law

Contents
Unit-I
a) Meaning, Nature and Scope of Administrative Law
b) Development of Administrative Law
c) Doctrine of Separation of Power and rule of Law
d) Sources of Administrative Law
e) Relationship between Administrative and Constitutional Law
f) Administrative functions: its distinction from Judicial, Quasi-Judicial and LegislativeFunctions;
Unit-II
a) Delegated Legislation: meaning, necessity, and scope
b) Necessity and constitutional validity of delegated legislation
c) Control: Judicial, Legislative and Procedural
d) Conditional and Sub-delegation

Unit-III
a) Administrative Discretion: its Control, Principles of Natural Justice
b) Need and limitations of Administrative Discretion
c) Administrative Tribunals: its reasons for growth
d) Administrative Discretion and its judicial review
 e) Distinction between Court and Tribunal,
Unit-IV
a) Writ Jurisdiction under Article 32 and Article 226: Habeas Corpus, Mandamus,
Certiorari, Prohibition and Quo-Warranto
b) Judicial Control of Administrative Actions: Constitutional Remedies and other statutory
remedies, Rule related to Locus Standi, Doctrine of Ultra Vires, Doctrine of Res Judicata,
Public Interest Litigation, Public Undertakings
c) Ombudsman – Lokpal and Lokayuktas
d) Public Undertakings – its types and control and reasons of their growth.

Suggested Readings
1. M.P. Jain : Principles of Administrative Law
2. I.P. Massey : Administrative Law
3. S.P. Sathe :Administrative Law
4. C.K. Takwani : Lectures on Administrative Law
5. K.C. Joshi : Administrative Law
6. D.D. Basu : Comparative Administrative Law
7. Jain &Jain : Principles of Administrative Law
 CCC-1
Alternative Dispute Resolution
Course Code: BALLBHCC901
Credit: 4 Marks: 100 [40(CA) +60 (ESE)]

Objectives
1) To evaluate the development and incorporation of Arbitration and Conciliation in dispute
resolution in Adversarial legal System in India.
2) To Develop among the students the ability to assess the issues related with ADR
3) To provide an understanding of the statutory, procedural, and case law operating in ADRsphere
4) To develop a practical dimensions among students about ADR
Learning Outcomes
At the completion of the course, students will be able to
1) Achieve a good grasp over the substantive and procedural law relating to ADR
2) Know the methods of resolving disputes other than by means of adjudication
3) Acquire practical skills necessary for effective dispute resolution

Contents
Unit-I
a) Alternate Dispute Resolution - Meaning, Nature, Scope, Merits and demerits
b) Differences between litigation, arbitration, conciliation, mediation and negotiation
Unit-II
a) Negotiation skills
i. Introduction
ii. Style and strategies
b) Conciliation/mediation: role of mediator, Strategies and Techniques, Drafting ofagreement
Unit-III
a) Arbitration and Conciliation Act, 1996: overview
b) Overview of International rules relating to Arbitration
c) Drafting of Arbitration clause
Unit-IV
Visit to Lok Adalat or Arbitration Centre or mediation centre for six Days and submission ofreport

Note:

1. End Semester marks: 60

2. Practical Exercises: 40
 CCC-2

Moot Court Exercise and InternshipCourse

Code: BALLBHCC902
Credit:4 Marks: 100 [60(CA) +40 (ESE)]
Objectives
1) To provide practical skills of handling of cases
2) To provide basic knowledge of trial and pre trial preparation
3) To acquaint the students with court environment
4) To provide basic knowledge of civil and criminal drafting and pleading
Learning Outcomes
At the completion of this course, students will be able to
1) Understand the fundamentals and modalities of Moot court
2) Familiar with the client interviewing techniques and pre trail preparation
3) Understand the trial preparations and presentation of arguments at trial

ContentsUnit-I

Moot Court ( Marks: 10x3=30)

Each Student will do at least three moot courts on assigned problems for 10 Marks for each. ( 5marks for
written submission and 5 marks for oral advocacy)

Unit-II

Observance of Trial ( Marks:30)

a) Civil trial-1 (Marks:15)

b) Criminal Trial-1 (Marks:15)

Unit-III

Interviewing techniques and Pre-trial preparations and Internship diary (30 marks)
a) Observance of interviewing session in Lawyer’s office-2 (To be recorded in a diary).
(Marks 15)
b) Preparation of documents and court papers -Recorded in a diary(Marks 15)
Unit-IV
Viva Voce on the above three Units (Marks:10)
 CCC-3

Drafting Pleadings and ConveyanceCourse

Code: BALLBHCC903
Credit:4 Marks: 100 [60(CA) +40 (ESE)]

Objectives
The object of this course is to train students in the art of drafting both for court purposes as well asfor other
legal forums

Learning Outcomes
At the successful completion of the course, students will be able to:
1. Learn the fundamental principles of drafting, pleadings and conveyance
2. Apply the drafting and pleading skills before the courts and tribunals
3. Understand the rules of pleadings in civil and criminal matters
Contents

Unit-1

Drafting : General principles of drafting and relevant substantive rules

Unit-II Pleadings

Civil – Plaint, Written Statement, Interlocutory Application, Original Petition, Affidavit, Execution
Petition, Memorandum of Appeal and Revision, Petition under Art.226 and 32 of the Constitution of
India, PIL Petition

Unit-III

Criminal – Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of Appeal

and Rivision.

Unit-IV Conveyance

Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney,Will,
Trust Deed

Drafting of writ petition and PIL petition

Unit-V Viva-Voce

Instruction:
# 15 practical exercises in drafting carrying a total of 45 marks (3 marks for each)
## 15 exercises in conveyance carrying another 45 marks (3 marks for each exercise)
## 10 marks will be given for viva voice.
 CCC-4

Professional ethics and Accountancy for Lawyer

Course Code: BALLBHCC904
Credit:4 Marks: 100 [20(CA) +80 (ESE)]
Objectives

1) To inculcate the basic ethical values among the students before going into the court
2) To appreciate the duties of lawyers and Bar-Bench relation
3) To familiarise the students about their role and responsibilities as professional
4) To impart knowledge of the law and code of conduct governing their professional life

Learning outcomes

After completion of this course, students will be able to:

1) Understand and apply the ethical code of conduct in their professional life
2) Understand the historical evaluation of legal profession
3) Learn to balance their duties towards their clients and courts
4) Apply the standard ethical code of conduct for their professional life

Contents
Unit-I The Advocates Act, 1961
a) Historical Background of legal profession
b) Bar Councils(State and BCI) as body Corporate: Functions
c) Admission and enrolments of Advocates
d) Seven lamps of Advocacy
e) Conducts of advocates and disciplinary proceedings (Fifty Selected opinions of theDisciplinary
Committees of Bar Councils to be supplied to the students)
Unit-II Contempt of Court Act, 1971
a) Contempt: Meaning
b) Civil and Criminal Contempt
c) Defences and Punishments for Contempt
d) Contempt by Judges
Unit III Professional Ethics and Accountancy
a) Standards of professional Conduct: Duty to Client, Duty to Court, Duty to Opponent,
Duty to Colleagues, Duty to the Profession, Duty to the Public and State
b) Cases on Profession Misconduct (10 Major Judgments of the Supreme Court)
i. An Advocate v. Bar Council of India, 1989 Supp (2) SCC 25
ii. Salil Dutta v. T.M. and M.C. (P) Ltd. (1993) 2 SCC 185
iii. State of Maharashtra v. Budhikota Subbarao, (1993) 3 SCC 71
iv. C. Ravichandran Iyer v. Justice A.M. Bhattacharjee, (1995) 5 SCC 457
 v. P.D. Gupta v. Ram Murti, (1997) 7 SCC 147
vi. T.C. Mathai v. District & Sessions Judge,Thiruvananthapuram, (1999) 3 SCC 614
vii. R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264
viii. Bhupinder Kumar Sharma v. Bar Assn., Pathankot, (2002) 1 SCC 470
ix. Shambhu Ram Yadav v. Hanuman Das Khatry, (2001) 6 SCC 1
x. Ex-Capt. Harish Uppal v. Union of India, (2003) 2 SCC 45
Accountancy for Lawyers:
(Special lecture be arranged by inviting Professor of Accountancy and Seniormembers
of the Tax Bar to deliver lectures in Accountancy for lawyers.)
Unit-IV
VIVA-VOCE Marks: 10

Suggested Readings

1. Krishnaswami Iyer, Professional Conduct and Advocacy (Oxford UniversityPress)

2. Judge Edward Abbott Parry, Seven lamps of Advocacy
3. DuttaMazumdar N. - Professional Ethics
4. Justic Mukherjee. P.B.– Professional Ethics
5. S. P. Gupta – Professional Ethics and Bar Bench Relation.
6. Bare Act – The Advocates Act, 1961
 HONS-3

Banking Law

Course Code: BALLBHH901

Credit:4 Marks: 100 [20(CA) +80 (ESE)]

Objectives

1) To acquaint the students with the key legislations operating in the regulation of banking
operations
2) To study the government enactments to regulate the working of Reserve Bank of Indiaand
financial assets in India
3) To give the students an overview regarding banking regulation

Learning Outcomes

At the completion of this course, students will be able to:

1) Know the banking regulations in the present day context

2) Apply the acquired knowledge to different economic activities of banks and theirregulations
3) carry out financial analysis of banking operations

Contents
Unit-I
Negotiable Instruments Act, 1882;

Unit-II
Banking Regulator Act, 1949 Regional

Rural Banks Act, 1976

Unit-III
Reserve Bank of India Act, 1934;

Unit-IV
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002

Unit-V
Banking Ombudsman Scheme
Suggested Readings
1. Gupta, S.N. : The Banking Law in Theory and Practice, 3V.
2. Singh, Avtar : Laws of Banking and Negotiable Instruments : An Introduction.
3. Sreekantaradhya, B.S. : Banking and Finance : Perspectives on Reform.
4. Tannan’s Banking Law and Practice in India.
 HONS-4

Insurance Law
Course Code: BALLBHH902
Credit:4 Marks: 100 [20(CA) +80 (ESE)]

Objectives
1) To Introduce to the students the general principles and definitions of Insurance
2) To familiarise the students about the different kinds of Insurance
3) To discuss and analyse the Insurance Act and IRDA
4) To introduce the current structure of the insurance industry and the functions and
operations of insurance institutions.

Learning Outcomes
At the successful completion of this course, students will be able to
1) analyse the role of Insurance in financial planning process
2) Analyse and evaluate the unique features of the insurance industry and regulations
3) Understand the Insurance law and regulatory institutions in India

Contents

Unit-I Introduction

a) Definition, nature and history of insurance

b) Concept of Insurance and law of contract and law of torts
c) History and development of insurance in India
d) Insurance Regulatory Authority - role and functions.

Unit-II General Principles

a) Insurable Interest
b) Indemnity and insurance
c) Uberrimae fidei
d) Proximate Cause
e) Distinction between: Insurance and Guarantee, Insurance and wager
Unit-III Insurance Contract and Indian Regulatory Environment

a) Nature and Features of Insurance Contract

b) Types of Insurance and the concept of Intermediaries
c) Regulation of Insurance business and IRDA
d) Insurance Business and other regulatory legislations: MV Act, Marine Insurance Act,
Consumer Protection

Unit-IV Life Insurance and general Insurance

a) Life Insurance and the application of the general principles of Insurance

b) General Insurance: Motor Insurance, Public Liability Insurance, Property Insurance,Agricultural
Insurance

Suggested Readings

1. Singh, Bridge Anand, New Insurance Law, Union Book Publishers, Allahabad
2. Ivamy, Case Book on Insurance Law, Butterworths
3. Ivamy, General Principles of Insurance Laws, Butterworths
4. John Birds, Modern Insurance Law , Sweet and Maxwell
5. Sreenivasan. M.N., Principles of Insurance Law, Ramaniya Publishers, Bangalore
6. Rajiv Jain, Insurance Law and Practice (Vidhi Publication Pvt Ltd.)
7. Dr. Avtar Singh, Law of Insurance (Universal Publication Pvt Ltd)