© Prof. Yashmita Bhalla, Jindal Global Law School ALL rights reserved Introductory Class Handout Rogistar ofthe Supreme cour (Senior administatve| ‘officer responsibe for ‘overseeing [Some senior High Cour Judes actin aoministratvecapacty, such as ‘he Ropstrar Generat Thy work closely wth the Chief ustce and ‘suppor him in managing courts da-0-day operations tke case management, record-keeping and cher general administaive als, Higher Judiciary [>] experiance and perormance. The Disbct Judge oversees the work of bon te ADJS ‘and ne Ot Judges ofboth dtisions. fine senior most judge among the ci judges may be appointed as te] ‘Principal Cw Judge o oversee We administration otjustice and ‘Gstibuton of cases among he cil judges in he dist “Subordinate Jody Includes eny lve ana Intermediate ev! juciciat ofits This is a general hierarchy of courts. Variations of roles may exist based on local regulations and practice. The administrative positions are only created to meet the needs of the caseload, Promotions are often based on factors like years of service, performance, and judicial competence. ‘this material is exclusively for instructional purposes of the students enrolled in this course - not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.© Prof. Yashmita Bhalla, Jindal Global Law School ALL rights reserved Eri f Quasi-ludici: inistrative B ‘Supreme Cout te statue grants finaly othe decision. Bett Contos te) ‘Distt ThbunalDistrict Commission’ Distict Forum Here, mailers are filed as they Tribunals may exist at different levels, but their hierarchy is often specific to the subject matter they handle, which is defined by the statute which establishes them, The tribunal system generally operates independently, outside of the traditional court hierarchy, which may get merged to the court system at an appellate level. ‘The structural framework and jurisdiction of tribunals may evolve over time; new tribunals may also be established; however, the fundamental skeleton remains the same as shown above. For understanding of the jurisdictional boundaries and hierarchical flow of specific tribunals like NCL, DRT, CAT, ITAT, etc,, reference can be made to their respective statutes, ‘This material is exclusively for instructional purposes of the students enrolled in this course - not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.© Prof. Yashmita Difference between courts and tribunals Bhalla, Jindal Global Law School ALL rights reserved Point of distinction Court Tribunal ‘Source of Authority Courts are established by the government, and their authority is derived from statutory or constitutional provisions. ‘They are part of the formal judicial system and are _ generally presided over by professional judges who have —_ legal qualifications. Tribunals are statutory bodies or quasi-judicial entities created by legislation to resolve specific types of disputes. They derive their authority from the statutes that establish them. Tribunals may include. individuals _ with expertise in the relevant field, and they often operate outside the traditional court system. Adjudicative Functions Courts have broad adjudicative functions and handle a wide range of civil and criminal cases. They follow formal legal procedures, and their decisions are binding and enforceable. Tribunals are usually created to handle specific types of disputes or issues within a particular area of law. They may focus on administrative, labor, tax, or specialized matters. The decisions of tribunals are typically binding within their specified jurisdiction. Legal Procedure followed Courts adhere to formal legal procedures, rules of evidence, and legal precedents. They follow established legal principles and are part of the traditional judicial system. While tribunals. may follow certain legal procedures, they often have more flexibility in their processes. Tribunals may adopt a less formal approach, especially inareas where technical expertise is crucial to decision-making. Composition Courts are typically presided over by professional judges who are appointed based on their legal qualifications and experience. These judicial officers are independent of the executive and legislative branches. Tribunals may include experts or individuals with specific knowledge related to the subject matter they deal with. Members of a tribunal may include both legal and non-legal professionals. Hierarchy Courts are part of the hierarchical judicial system, with higher and lower courts. Decisions of higher courts set precedents for lower courts. Tribunals may exist at different levels, but their hierarchy is often specific to the subject matter they handle. Some tribunals operate independently of the traditional court hierarchy. ‘this material is exclusively for instructional purposes of the students enrolled in this course - not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.© Prof. Yashmita Bhalla, Jindal Global Law School ALL rights reserved In summary, while both courts and tribunals are institutions for the resolution of legal disputes, the distinctions lie in their legal authority, functions, formality, composition, and place within the overall legal system. Courts are integral components of the formal judiciary, while tribunals are specialized bodies created for specific legal issues or sectors. Organization of Special Courts Established through legal reforms and legislative initiatives of the government for special purposes- to ensure specialized attention to certain matters and expedite the process of their resolution. For instance, there are special courts to deal with a specific category of cases: Family Courts, Anti-Corruption Courts, etc.; and to deal with specific cases in an expeditious manner, fast track courts like Commercial Courts are established. These are a part of the regular court hierarchy and include special benches or designated courtrooms of certain judges in district courts or high courts. The establishment of these courts can be short-term (for handling disputes arising out of the temporary problems) or permanent (for streamlining and speeding the resolution process of a special category of cases). Difference between tribunals and special courts Although special courts and tribunals serve the purpose of expediting the resolution of specific types of cases, their structures and functions may vary based on the legislative intent and nature of the disputes they are designed to address, [Special Courts |Jurisdiction: Special courts are usually ribunals are quasi-judicial | created by statute to handle a specific category of cases within the regular judicial system. They may have limited jurisdiction focused on a particular subject matter, such as commercial disputes, family matters, or anti- corruption cases, bodies established to adjudicate disputes in specialized areas outside the regular court system, ‘They may have a more limited or specialized jurisdiction granted by the legislation creating them. In some cases, their decisions may have a more administrative or regulatory character. Composition: Judges in special courts are typically the regular judicial officers appointed to preside over cases within their specialized jurisdiction. Composition: Tribunals are often composed of subject-specific experts and judicial members, bringing a mix of legal and technical expertise to ensure a nuanced understanding of the dispute. Procedures: Special courts often follow the standard judicial procedures and rules of evidence, with some modifications (based on the subject matter) to expedite the process. (ref. To CC Act) Procedures: Tribunal procedures are generally more flexible than traditional court procedures to promote efficiency and specialized resolution in a simplified and quicker manner. ‘This material is exclusively for instructional purposes of the students enrolled in this course - not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.© Prof. Yashmita Bhalla, Jindal Global Law School ALL rights reserved DRT, CAT, etc. Examples:Family Courts, Commercial Courts, | NGT, ITAT, NCI ‘Anti-Corruption Courts, and NDPS (Narcotic Drugs and Psychotropic Substances) Courts The Commercial Court System One such special court is the Commercial Court established through the Commercial Courts Act of 2015. Legislative Intent/Objective: Overburdened legal system of India that led to indefinite delays in the disposal of cases which made it difficult for foreign as well as domestic investors to protect their investments in India. There was a dire need for a stable and efficient dispute resolution system ensuring quick enforcement of contracts, easy recovery of monetary claims and award of just compensation for damages suffered, all of which were critical in encouraging investment and economic activity in India. In ine with international trends, an in-depth study of Commercial Courts of the United Kingdom, the United States of America, Singapore, France etc. was carried out by the Law Commission of India in its 188% and 253° report resulting in the enactment of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. Hierarchical Structure Appeliate Division of the High Court Commerci | Hears appeal against judgment and orders of Commercial Courts and | ‘Commercial Dision fame Commercial Court ‘Commercial Division {estabished at District evel headed by District | _(estabished where High Gourtshave Ordinary vludge or Ad. Distrie.g0) ‘Original Chit Jurisaiedon) Entertains suits and applications eleting to Entertains _sulls and applications relating to ‘Commercial Dispute of Specified Value arising out © Commercial Dispute of Specified Valve filed in HC ‘of entire teritory of State over which it has been having ordinary eriginal civil jurisdiction. ‘vested jurisdiction Ordinary Original Civil Jurisdiction ~ Delhi, Bombay, Chennai, Kolkata and Himachal Pradesh Concept: ‘The term “ordinary original civil jurisdiction” refers to the jurisdiction exercised by a High Court in India to hear and decide civil cases that originate within its territorial jurisdiction without any ‘this material is exclusively for instructional purposes of the students enrolled in this course - not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.© Prof. Yashmita Bhalla, Jindal Global Law School ALL rights reserved requirement for the case to have been previously heard by a lower court. While most High Courts in India generally exercise appellate jurisdiction in civil matters where they hear appeals from lower courts, certain High Courts are vested with original civil jurisdiction in addition to appellate jurisdiction, There are five such High Courts - Delhi, Bombay, Chennai, Kolkata and Himachal Pradesh. The specific cases falling under their ordinary original civil jurisdiction, and any changes to this jurisdiction, are typically outlined in the charters, letters patent, relevant statutes and rules governing each High Court. For example: by virtue of Section 5(2) of the Delhi High Court Act 1966, the Delhi High Court is vested with ordinary original civil jurisdiction. Provision is reproduced hereunder: 5, Jurisdiction of High Court of Delli—{1) The High Court of Delhi shall have. in respect of the temitories for the time being included in the Union ternary of Delhi. all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day. is exercisable in respect of the said temritories by the High Court of Punjab. (2) Notwithstanding anything contained in any law for the time being in force, the High Cowst of Delhi shall also hove in sespect of the said territories ordinary original civil jurisdiction in every suit the value of which exceeds fsupees two crore}. Brief history: ‘The distribution of jurisdiction among High Courts is not uniform across all states and union territories and has been influenced by historical, regional, legal, and administrative factors. The High Courts of key presidencies such as Calcutta, Madras, and Bombay were among the earliest High Courts established through the High Courts Act of 1861 enacted by the British Crown. ‘These were major economic centers during colonial times and played pivotal roles in trade, commerce, and administration. The need for specialized adjudication in complex commercial and financial matters as well as the desire to have centralized and authoritative forums for handling administratively significant civil cases influenced the grant of wider jurisdiction to these regions, including ordinary o The Constitution of India, adopted in 1950, recognized the then existing ordinary original civil jurisdiction of these High Courts. However, as India evolved post-independence, with the reorganization of states, new High Courts were established, and the concept of original civil jurisdiction of High Courts expanded to Delhi High Court (established in 1966) and Himachal Pradesh High Court (established in 1971) through legislative changes and subsequent acts. Chapter 2 and 15 of the 97% Law Commission Report becomes relevant to understand the jurisprudence of the concept of ordinary original civil jurisdiction of High Courts. These chapters are reproduced as follows: “This material is exclusively for instructional purposes of the students enrolled in this course - not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.© Prof. Yashmita Bhalla, Jindal Global Law School ALL rights reserved Chapter 2 cuAPTER 2 JURISDICTION OF HIGH COURTS AND CITY CIVIL COURTS 21, The jurisdiction of High Courts in India presents an infinite variety. The yar Jeticicton 's original ay. well as appellate; civil as well as ctlminal; ordimary a6 Qetons “and! ht Yell. as extraonlinary; general as well as spectal; derived from the Consutution 107. of ibe country and the staiule law, as well as from the Letter. Patent or other SGsrumemt constituting the High Court and other souress. ‘This jurisdiction has a long history. The oldest High Courts in lodia—the High Courts of Calcutta, Madras and Bombay-exercise. ordinary original civil justdiction within the respective limits of the three presidency towns." The source Of ther original jurisdiction is to be found in the Indian High Courts Act and in the Lelters Patent issued thereunder, But it may be noted that some of the provisions of the Letters Patent refer back to earlier Charlers of the Supreme Bours foc the three presidency towns. 22 In addition to their ordinary original civil jurisdiction, these High Courts 223 exercise ongina’ jurisdiction in admiralty’ dnd -nsolveacy,* testamentary,” fatrimonial and guardiansbip matters.» The jodisdiction of High Courts in regard fo admiaily is, iacientaly, distinc fom theit ordinary onginal juris While many of these milters are now regulated by Central AG, somic of them aN dmiraiy jurisdiction still have their source in the Letters Patent® or in otber instruments? 23. All High Courts have exiraordinary original juristiction." Extesordinary oi fs F oad juris 24, All High Courts have original jurisdict in clection petitions under the Special original Representaiion of the People Act.' Further, they have original jurisdiction under fwdiction. the Companies Act, the Banking Companies Act and certain other special Acts. ‘As Courts of Record, High Courts have also to punish contempt of Court’? Tt would be of interest to note that the 's Courts (which were the predecessors of the Suprem: Courts)? were Courts of Records.'* two 7 eeube wth maltecs of 4 diverse character. The High Courts bave also SUPE Codey “ind! ole visory jurisdiction under ‘this material is exclusively for instructional purposes of the students enrolled in this course - not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.© Prof. Yashmita Bhalla, Jindal Global Law School ALL rights reserved Chapter 15 Curren 15 ORDINARY ORIGINAI. CIVIL, JURISDICTION OF HIGH COURTS e to deal, in this Chapter, with the ordinary original civil Ordinary original jurisdiction Bf High Courts,” To start with, oly the three High Courts of Calcutta, € Junsdicion. Madras and Bombay were vestcd with such jurisdiction, exercisable within the respective limits of the three Presidency towns. However, two important deve- lopments took place later. On the one hand, certain other High Courts (besides those in the Presidency towns) came to be vested with such jurisdiction.’ On the other hand, the jurisdiction of the High Courts in the three Presidency towns came to be curtailed in course of time.’ 18.2. As to the other High Courts, it may be noted that in the year 1966, Delhi High Court ordinary original civil jurisdiction was conferred on the Delhi High Court) in orgimart cil ier respect of suits of a value of more than Rs. 25.000. This amount was subse- quentiyé raised to Rs. 50,000/- with effect from Ist October, 1969. 15.3. In regard to the erstwhile Union Territory of Himachal Pradesh, the Himachat Prax hierarchy of courts was prev.ously regulated by the Himachal Pradesh (Courts) #- Order, 1948, issued under the Extra Provincial Jurisdiction Act, 1947, as then in force. Alter the Delhi High Court was established,’ such jurisdiction ag was exercisable in respect of the Union Territory of Himachal Pradesh by the Court of the Judicial Commissioner for Himachal Pradesh was transferred to the High Court of Delhi, and it was also that the High Court of Defhi shall Ihave. in respect of the territories for the time being included in the Union Territory of Himachal Pradesh, “ordinary original civil jurisdiction in every suit the value of which exczeds twenty-five thousand rupees, notwithstanding any- thing contained in any law for the time being in force”. The amount of twenty-five thousand rupees was raised” to fifty thousand? rupecs in 1969. Subsequently, on the cteation of Himachal Pradesh as a State in 1970, the High Court of Himachel Pradesh was created as a separate High Court? and succeeded to the jurisdiction of the Dethi High Court in relation to the Union Territory of Himachal Pradesh. ‘That is how the High Court of Himachal Pradesh has come to be vested with ordinary original civil jurisdiction in every suit the value of which exceeds fifty thousand rupees, Jurisdiction of lower courts exists simultaneously: In the exercise of its ordinary original civil jurisdiction, the High Court essentially functions as a trial court, conducting the initial trial of the case and making a first-instance decision. However, it does not replace the jurisdiction of the district courts and subordinate civil courts as the provisions outlined in the respective High Court's Charter, rules, letters patent or other relevant statutes governing the constitution, procedure and jurisdiction of that High Court also specify the nature and value of cases with respect to which the High Court may have ordinary original civil jurisdiction. For example, matters related to admiralty, testamentary and intestate jurisdiction, matrimonial disputes, and certain commercial cases may fall under this jurisdiction. *The specific details and extent of ordinary original civil jurisdiction can vary among High Courts. It is advisable to refer to the specific laws and rules applicable to the concerned High Court for accurate and up- to-date information. ‘This material is exclusively for instructional purposes of the students enrolled in this course = not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.© Prof. Yashmita Bhalla, Jindal Global Law School ALL rights reserved Now that the special status of Jammu and Kashmir has been revoked, and its tervitory has been re-organized in order to be made a union territory within India, itis pertinent to know that the High Court of Jammu and Kashmir also has ordinary original civil jurisdiction in certain matters which was conferred through Letters Patent in 1943 (ref. Jammu and Kashmir High Court Rules, 1999). Functions of Commercial Courts under The Commercial Courts Act 2015 With the aim to expedite the resolution of commercial disputes, the Commercial Courts Act, 2015 was enacted to create specialized commercial courts at various levels. Below is the overview of the features of this Act: 1. Scope of Commercial Disputes (Jurisdiction): The Act applies to commercial disputes of a specified value and nature. It seeks to resolve disputes related to commercial transactions, partnerships, intellectual property rights, insurance, banking, and other similar matters. ‘Commercial dispute’ is defined under Section 2(1)(c) of the Act. The threshold value for disputes to qualify as commercial disputes ensures that only selected cases exceeding this value are adjudicated by the commercial courts. ‘Specified value’ is defined under Section 2(1)(i) of the Act, Section 12 lays down the manner for determining the specified value. 2. Establishment of Commercial Court: The Act provides for the establishment of commercial courts at the district level, commercial divisions in High Courts, and commercial appellate divisions in High Courts to handle appeals from commercial courts. This allows for specialized forums both at the lower judiciary and higher judiciary levels, (Ref. Chapter Il of the Act). 3. Strict Timelines & Expedited Case Management: One of the primary objectives of the Act is to ensure the speedy resolution of commercial disputes. It prescribes timelines for the disposal of cases to avoid delays in the judicial process. For instance, ifthe defendant fails to file the written statement within 120 days from the date of service of summons, then he would waive off his right to file a written statement. (Ref. to the Amendment no. 4(A) of the Schedule of the Act). ‘The Act empowers the courts to use case management techniques to ensure the effective and expeditious disposal of cases, This includes the framing of issues at an early stage, limiting the number of adjournments and expedited preliminary assessment of cases to determine whether a dispute is a commercial dispute within its ambit. (Ref. to Order XVA Rule 3 and 7 of the Schedule ofthe Act). ‘this material is exclusively for instructional purposes of the students enrolled in this course - not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.© Prof. Yashmita Bhalla, Jindal Global Law School ALL rights reserved 30-120days Written Fling of Suit/Plaint Stotemant Inspection ssa pri ce Adosiston Ene Management snd Bena of 6 Months Meeting 4. weeks from admission Documents snddarilofaocuments sodeys Pronouncament of udgment 4, Streamlined process of appeal: ‘The Act allows for appeal from commercial court/division to commercial appellate division in High Court within 60 days from the date of decision and insists on the endeavor to dispose it within 6 months. Further appeals may be made to the Supreme Court of India. (Ref. to Chapter IV of the Act; Section 13 and 14). 5. Alternative Dispute Resolution (ADR): The Act encourages the use of alternative dispute resolution mechanisms, such as arbitration and mediation, for the resolution of commercial disputes. (Chapter IIIA added by 2018 Amendment to the Act). 6. Costs: ‘The Act incorporates a cost to follow event regime that encourages the efficient conduct of commercial cases and discourages dilatory tactics like false and vexatious counter claims, frivolous applications and meritless appeals. For instance, an unreasonable refusal of a reasonable offer for settlement made by a party is one of the key parameters taken into consideration while awarding costs in order to promote settlement of disputes and discourage deliberate resistance by parties to a reasonable approach towards such attempts for settlement. ‘This material is exclusively for instructional purposes of the students enrolled in this course - not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.© Prof. Yashmita Bhalla, Jindal Global Law Schoot ALL rights reserved Case Law: Ambalal Sarabhai Enterprises Ltd. vs. K.S. Infraspace LLP and Ors. 2019(13) SCALE575 This judgment determined under what circumstances a dispute relating to an immovable property could be considered a "commercial dispute” under sub-clause (vil) of Section 2(1)(c) of the Commercial Courts Act, 2015 which pertains to "the agreements relating to immovable property used exclusively in trade or commerce". FACTS: ‘Ambalal Enterprises entered into an agreement to sell a piece of land with Mr. Ketan Bhailalbhai Shah (Respondent 2), who transferred his rights under the said agreement in favour of one K. S. Infraspace LLP (Respondent 1) by executing an Assignment Deed. Before the rights could be fully transferred, the interest of Ambalal enterprises in the land needed to be protected by execution ofa mortgage deed by Ketan Shah in favour of Ambalal enterprises. PROCEDURAL HISTORY: Ambalal Enterprises filed a commercial suit in the Commercial Court against Ri and R2 at Vadodara so as to enforce the execution of the Mortgage Deed. The Respondents contended that the suit was not a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 and filed an application under Order VII Rule 10 CPC seeking an order to return the Plaint to be presented in the Court in which the suit should have been instituted. ‘The Commercial Court while rejecting the application referred to the Memorandum and Articles of Association of the Ambalal Enterprises and noted that the plaintiff seemed to be carrying on the business as an estate agent and therefore; it was a commercial dispute. The Respondents, aggrieved by the said order, approached the High Court of Gujarat allowed the Petition and set aside the Order passed by the Commercial Court, Vadodara and on allowing the application filed under Order VII Rule 10 CPC directed that the plaint be returned to be presented in the Court in which the suit should have been instituted, The High Court had examined the matter in detail to come to a conclusion based on a different consideration that the immovable property in the instant case was not being used for trade or commerce; and hence, it is not a commercial dispute. ‘The aggrieved appellant approached the Apex Court, ISSUE: Whether the immovable property involved could be considered as being used exclusively in trade or commerce, so as to enable the Commercial Court to entertain the suit? CONTENTIONS: ‘The appellant contended that the land was acquired for the purpose of running an industry and was being utilized for the same purpose and R1 had purchased the same for developing the said land and in that view, the land is used for trade and commerce. ‘The Respondents contended that the appellant had ceased to function for the past several years and the company being defunct, the land involved was not being used for trade or commerce and “This material is exclusively for instructional purposes of the students enrolled in this course - not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.© Prof. Yashmita Bhalla, Jindal Global Law School ALL rights reserved even though R1 had sought for change of land use and to develop the land, same would depend upon such change of land use that would be granted and the use to which it would be put in future. Hence, it was contended that as on the date of transaction, the land was not being used for trade or commerce and a suit at present would not be maintainable before the Commercial Court. JUDGEMENT: ‘The Bench referred to the decision of a Division Bench of the Gujarat High Court in the case of Vasu Healthcare Private Limited vs. Gujarat Akruti TCG Biotech Limited, AIR 2017 Gujarat 153 wherein it had been held that: "Considering section 2(c)(vii), "commercial dispute” means a dispute arising out of the agreements relating to immovable property used exclusively in trade or commerce. If the intention of the legislature was to expand the scope, in that case the phraseology used would have been different as for example, "likely to be used" or "to be used". The word "used" denotes "actually used” and it cannot be said to be either "ready for use" or "likely to be used"; or “to be used” ‘The Apex Court further held that the very purpose for which the Act has been enacted would be defeated if every other suit merely because itis filed before the Commercial Court is entertained. This is for the reason that the suits which are not actually relating to commercial dispute but being filed merely because of the high value and with the intention of seeking early disposal would only clog the system and block the way for the genuine commercial disputes which may have to be entertained by the Commercial Courts as intended by the law makers. He further observed that if the Act is given a strict interpretation, it is not as if those excluded will be non- suited without any remedy. The excluded class of litigators will in any event be entertained in the ordinary Civil Courts wherein the remedy has always existed. It is also necessary to carefully examine and entertain only disputes which actually answer the definition “commercial disputes” as provided under Section 2(1)(c) of the Act. A dispute relating to immovable property per se may not be a commercial dispute. But it becomes a commercial dispute, ifit falls under sub-clause (vil) of Section 2(1)(c) of the Act viz. "the agreements relating to immovable property used exclusively in trade or commerce’. ‘The words "used exclusively in trade or commerce" are to be interpreted purposefully. The word "used" denotes "actually used" and it cannot be either "ready for use" or "likely to be used" or "to be used”. It should be “actually used”. Such a wide interpretation would defeat the objects of the Act and such fast-tracking procedure. In the instant case, neither the agreement between the parties referred to the nature of the immovable property being exclusively used for trade or commerce as on the date of the agreement nor was there any pleading to that effect in the plaint. ‘The Commercial Court was thus directed to return the plaint indicating a date for its presentation before the Court having jurisdiction. ‘This material is exclusively for instructional purposes of the students enrolled in this course ~ not for circulation. Unauthorized reproduction, distribution, or use is strictly prohibited.