VI Semester

I Information Technology Law

II Law of Banking and Negotiable Instruments
III Principles of Equity and Trusts
IV Drafting, Pleading and Conveyancing
V Moot Courts, Observation of Trial, Pre-Trial
Preparations and Internship
VI a) Law relating to Women and Children (OR)
b) Law of Insolvency
VII c) International Humanitarian Law (OR)
d) Citizenship and Immigration Law

VI SEMESTER
PAPER-I:
INFORMATIONTECHNOLOGYLAW
Unit-I:
Concept of Information Technology and Cyber Space- Interface of
Technology and
Law - Jurisdiction in Cyber Space and Jurisdiction in traditional sense -
Internet
Jurisdiction - Indian Context of Jurisdiction -Enforcement agencies -
International
position of Internet Jurisdiction - Cases in Cyber Jurisdiction
Unit-II:
Information Technology Act,2000 - Aimsand Objects— Overview of the
Act–
Jurisdiction –Electronic Governance – Legal Recognition of Electronic
Records
and Electronic Evidence -Digital Signature Certificates - Securing
Electronic
records and secure digital signatures - Duties of Subscribers - Role of
Certifying
Authorities-Regulators under the Act-The Cyber Regulations Appellate
Tribunal
- Internet Service Providers and their Liability– Powers of Police under the
Act –
Impact of the Act on other Laws .
Unit-III:
E-Commerce - UNCITRAL Model - Legal aspects of E-Commerce - Digital
Signatures - Technical and Legal issues - E-Commerce, Trends and
Prospects - Etaxation, E-banking, online publishing and online credit card
payment -
Employment Contracts - Contractor Agreements, Sales, Re-Seller and
Distributor
Agreements, Non- Disclosure Agreements- Shrink Wrap Contract, Source
Code,
Escrow Agreements etc.
Unit-IV:
Cyber Law and IPRs-Understanding Copyright in Information Technology -
Software – Copyrights vs. Patents debate - Authorship and Assignment
Issues -
Copyright in Internet - Multimedia and Copyright issues - Software Piracy –
Patents-UnderstandingPatents-
EuropeanPositiononComputerrelatedPatents-
Legal position of U.S. on Computer related Patents - Indian Position on
Computer
related Patents–Trademarks-Trademarks in Internet-Domain name
registration
-Domain Name Disputes &WIPO-Databases in Information Technology-
Protection of
databases - Position in USA, EU and India

Unit-V:
Cyber Crimes -Meaning of Cyber Crimes –Different Kinds of Cybercrimes –
Cybercrimes under IPC, Cr.P.C and Indian Evidence Law - Cybercrimes
under
the Information Technology Act, 2000 - Cybercrimes under International
Law –
Hacking, Child Pornography, Cyber Stalking, Denial of service Attack, Virus
Dissemination, Software Piracy, Internet Relay Chat (IRC) Crime, Credit
Card
Fraud, Net Extortion, Phishing etc - Cyber Terrorism - Violation of Privacy
on
Internet - Data Protection and Privacy.

PAPER-II:
LAWOFBANKINGANDNEGOTIABLEINSTRUMENTS

Unit-I:
History of the Banking Regulation Act — Salient features — Banking
Business
and its importance in modern times – Different kinds of Banking – impact
of
Information Technology on Banking.

Unit-II:
RelationshipbetweenBankerandCustomer—DebtorandCreditorRelationship
— Fiduciary Relationship — Trustee and Beneficiary — Principal and Agent
—
Bail and Bailee — Guarantor.
Unit-III:
Cheques — Crossed Cheques — Account Payee — Banker's Drafts —
Dividend
Warrants, etc. — Negotiable instruments and deemed negotiable
instruments —
Salient features of The Negotiable Instruments Act.

Unit-IV: The Paying Banker — Statutory protection to Bankers — Collecting

Banker – Statutory protection – Rights and obligations of paying and
collecting
bankers..

Unit-V: Banker's lien and set off -- Advances - Pledge - Land - Stocks -
Shares -
Life Policies - Document of title to Goods - Bank Guarantees - Letters of
Credit –
Recovery of Bank loans and position under the SARFAESI Act, 2002 –
Jurisdiction and powers of Debt Recovery Tribunal.

PAPER III:
PRINCIPLES OFEQUITY AND
TRUSTS

UNIT-I: Concept and definition of equity - Origin and development –Position

in
India and England Principal of Equity and Maxims-Application under the
statutes
of India –Equitable powers and jurisdiction of Indian Courts

Unit-II: Maxims of equity: - Equity will not suffer a wrong to be without a

remedy.
- Equity follows the law. - Where there is equal equity, the law shall
prevail. -
Where the equities are equal equity, the law shall prevail. - He who seeks
equity
must do equity. - who comes into equity must come with clean hands.

Unit-III: Maxims of Equity (continued) :- Delay defeats equities. - Equality

is
equity.-Equitylookstointentratherthantotheform-Equitylooksonthatasdone
which
ought to be done- Equity imputes an intention to full fill an obligation-
Equity acts
in personam.

Unit-IV: Trust as an Institution-Meaning, history and evolution-The Indian

Trust Act, 1882: Salient Features-Definitions: trust, author of the trust,
trustee,
beneficiary, trust property, beneficial interest, instrument of -Trust and
Contract -
Trust and mortgage - Trust and Agency-Trust and Ownership - Creation of
trusts -
of trusts - Who may become author, beneficiary and trustee - Public or
charitable
Trusts - Appointment, retirement and discharge of trustees - Duties and
Liabilities
of trustees - Rights and powers of trustees - Disabilities of trustees -
Rights and
Liabilities of the Beneficiary - Extinction of Trusts -certain Obligations in
the
nature of trusts

Unit-V: Specific Relief-the Specific Relief Act, 1963- purpose of Specific

relief -
recovering possession of movable and immovable property- specific
performance
of contracts- rectification of instruments- rescission of contracts-
cancellation of
instruments-Declaratory Decrees-Preventive Relief-Injunctions-Perpetual
and
temporary-

PAPER-IV:
DRAFTING, PLEADINGSAND
CONVEYANCING

Class-roominstructionandsimulationexercisesonthefollowingitemsshallbe
extended.
Unit-I:
Drafting: Drafting and documentation in civil, criminal and constitutional
cases General Principles of Drafting and relevant Substantive Rules –
Distinction
between pleadings and conveyancing

Unit-II:
Pleadings: Essentials and drafting of pleadings: (i) Civil—Plaint, Written
Statement, Memo - Interlocutory Application, Original Petition, Affidavit,
Execution Petition, Memorandum of Appeal and Revision. (ii) Petition
under
Article 226 and 32 of the Constitution of India - Drafting of Writ Petition
and PIL
Petition. (iii) Criminal— Complaint, Criminal Miscellaneous Petition, Bail
Application, Memorandum of Appeal and Revision.

Unit-III:
Conveyancing: Essentials and drafting of Sale Deed, Mortgage Deed,
Lease
Deed, Gift Deed, Promissory Note, Power of Attorney, Will and Trust Deed.
Practical Exercises: Pleadings carrying a total of 45 marks (3 marks for
each) and
15 (fifteen) exercises in Conveyancing carrying another 45 marks (3
marks foreach
exercise) and remaining 10 marks for viva-voce. These 30 exercises shall
be
recorded. Each student shall be served with different problems for the
purpose of
exercise. These exercises shall be assessed, and marks may be allotted.
These
exercisesshallbeevaluatedbyacommoncommitteeconsistingof(i)Principalof
the College/the concerned teacher (ii) University Representative
appointed by the
Controller of Examinations in consultation with the Chairman, Board of
Studies
Law, O.U.; and (iii) an Advocate with 10 years’ experience at the Bar. The
same
committee will also conduct viva-voce on the above concepts. The
proceedings of the
viva-voce shall be recorded.
Note:
1. Attendance of the students for viva-voce shall be compulsory.
2. The above records certified by the University Representative appointed
by the
Controller of Examinations in consultation with the Chairman, BOS in Law
shall be submitted to the University for Further Verification
 PAPER-V:
MOOTCOURTS, OBSERVATION OF
TRIAL, PRE-TRIAL

PREPARATIONS AND INTERNSHIP

Thispaperhasthreecomponentsof30 marks each and viva-vocefor10 marks.
(A) Moot Court (30 marks): Every student is required to participate in at
least
Three moot courts in the VI Semesterwith10 marks foreach. The moot
court work will
be on an assigned problem and it will be evaluated for 5 marks for written
submissions and 5 marks for oral advocacy. Marks will be given on the
basis of
written submission and oral advocacy. Written submissions shall include
brief
summary of facts, issues involved, provisions of laws and arguments,
citation,
prayer, etc. Marks for oral advocacy may be awarded for communication
skills,
presentations, language, provisions of law ; authorities quoted, court
manners,etc.
Written Memorials submitted by the students shall be kept by the College
for
Further Verification.
The performance of student in the moot court shall be evaluated by a
committee
consisting of (i) Principal of the College (ii) an Advocate with 10 years’
experience
at the Bar; and (iii) the teacher concerned.
(B) Observance of Trial in two cases, one Civil and one Criminal (30
marks):
Students are required to attend courts to observe at least one civil and
one criminal
case. They shall maintain a record and enter the various steps observed
during their
attendance on different days in the court assignment. The
Court Observation Record submitted by the students should be evaluated
by a
committee consisting of (i) Principal of the College/the concerned teacher
(ii)
University Representative appointed by the Controller of Examinations in
consultation with the Chairman, Board of Studies in Law, O.U.; and (iii) an
Advocate with 10 years’ experience at the Bar and average be taken.
Court
attendance shall be compulsory, and attendance must be recorded in a
register
kept therefore. This may be carried under the supervision of a teacher of
the
college. This scheme will carry 30 marks.
(C) Interviewing Techniques and Pre-Trial Preparations and Internship
Diary:
(30 marks): Each student should observe two 'interview sessions' of
clients either
in the Lawyer’s Office or in the Legal Aid Office and record the
proceedings in a
diary, which will carry 15 marks. Each student has to further observe the
preparation of documents and court papers by the Advocate and the
procedure for
the filing of the suit / petition. The Internship shall be for a period of
minimum of
15 days and it shall be mandatory. This shall be recorded in the
diarywhichwillcarry15marks.Thediaryshallclearlyindicatethedatesonwhich
the
above observations are made and they shall be authenticated by the
advocate
concerned. Evaluation of the above diary shall be made by the committee
consisting of (i) Principal of the College/the concerned teacher (ii)
University
Representative appointed by the Controller of Examinations in
consultation with
the Chairman, Board of Studies in Law, O.U.; and (iii) an Advocate with 10
years
experience at the Bar and average be taken.
(D) Viva-voce (10 marks): There shall be viva-voce examination on all the
above
three components. The viva-voce Board consisting of (i) Principal of the
College/the concerned teacher (ii) University Representative appointed by
the
Controller of Examinations in consultation with the Chairman, BOS in Law;
and
(iii) anadvocatewith10yearsexperienceattheBarshallevaluatethestudentin
the Viva. The
proceedings of the viva-voce shall be recorded.
Note:
1. Attendance of the students in all the four components of the paper shall
be
compulsory.
2. The above records, diary certified by the University Representative
appointed by the
Controller of Examinations in consultation with the Chairman, BOS in Law
shall
be submitted to the University for Further Verification.

(b) LAWOFINSOLVENCY

Unit-I: Insolvency and Bankruptcy: concept and historical perspective,

Concurrent
jurisdiction: central and state legislation, Important terms and definitions-
Acts of
Insolvency- Transfer of property to a third person for benefit of creditors,
Transfer
And absconding with intent to defeat creditors, Fraudulent preferences in
transfer of
property, Sale of property in execution of decree of court

Unit-II: Adjudication as insolvent, Notice to and by creditors about

suspension of
payment of debt, Imprisonment in execution of a decree of a court, Effect
of
insolvency on antecedent transaction and rights of creditor, Duties of
court in
executing decree, Avoidance of voluntary transfer and Avoidance of
preference Insolvency Petition and Proceedings - Insolvency Petition: by
creditor, by debtor, contents, admission, procedure and dismissal,
Receiver: appointment and duties, Duties of debtor and interim
proceedings against the debtor, Release of debtor.

Unit-III: Adjudication-Adjudication: meaning, proceeding, effect and

publication,
Appeal, Proceedings after order of adjudication: protection order from
arrest or
detention, power to arrest, schedule of creditors, burden of creditors to
prove the
debt, Annulment of adjudication: power to annul, effect, failure to apply
for
discharge, post adjudicatory scheme for satisfaction of the debt.

Unit-IV: The Insolvency and Bankruptcy Code, 2016- insolvency resolution

and
liquidation for corporate persons- corporate insolvency resolution process
-
liquidationprocess-Powersanddutiesofliquidator-
Consolidationandverification
of claims- Determination of valuation of claims- Appeal against the
decision of
liquidator- Preferential transactions and relevant time- Secured creditor in
liquidation proceedings

Unit-V: Distribution of assets- Fast track corporation insolvency resolution

process- Adjudicating Authority for corporate persons- Appeals and
Appellate
Authority- offences and penalties under the Code

Paper VII:
Elective-II

(C)INTERNATIONALHUMANITARIANLAW

Unit-I: Introduction to International Humanitarian Law (IHL). -History and

Development of IHL - Application of IHL - IHL and Human Rights

Unit II: Rules of Conduct of Hostilities- General Limitations on the Means

and
Methods of Warfare - Weapons Regime - The Principle of Distinction. - Rule
of
Military Necessity and Rule of Proportionality - Prohibition of Direct And
Indiscriminate Attacks.

Unit- III: Protected Persons And Property-Wounded, The Sick, The

Shipwrecked.
- Prisoners of War. - Medical, Religious And Relief Personnel. - Protection of
Civilians. - Protection of Women. - Protection of Children. - Protection of
Refugees
and Internally displaced Persons - Protection of Cultural Property.

Unit-IV: Implementation of IHL And Institutional Mechanisms- Basic issues

involved in Implementation of IHL. - Implementation of Law At National
Level. -
Grave Breaches of Geneva Conventions And Additional Protocols. -
Accountability and Criminal jurisdiction. - Protecting Power System- ICRC-
War
Crimes Tribunals

Unit-V: India and Refugee Law-Refugee: Meaning, kinds and status-

International
conventionsrelatingtorefugees-PositioninIndia-
JudicialresponsetoStateaction
onrefugees-Increasingincidenceofrefugeesandcontemporaryproblems-
Issues and
challenges