V SEMESTER COURSE-I: COMPANY LAW Objectives: In view of the important developments that have taken place in the corporate sector, the course is designed to understand the formation, management and other activities of the companies. Important regulations pertaining to the issue of shares and the capital rai 1g have come into force. This course aims to impart the students, the corporate management, control, possible abuses, the remedies, and government regulation of corporate business and winding up of companies. Company ~ historical development — nature and characteristics of company ~ kinds of company — Corporate personality — limited liability — lifting of corporate veil — promoters — duties and liability of promoters UNIT-II Incorporation Procedure of incorporation — certificate of incorporation - MOA ~ AOA — Doctrine of indoor management — prospectus UNIT— IIL janagement and Control of Compa: Board of Directors ~ powers and fun ions: Distribution of powers between Board of Directors and general meeting Directors : appointment — qualification — position of directors — types of directors ~ powers and duties of directors — remuneration ~ removal Meetings: Meetings of Board and Committees — kinds of meetings — procedure relating to is — Prevention of convening and proceedings at General and Other meetings ~ resolutior oppre on and Mismanagement Corporate social responsibilityUNIT-IV Financial structure of company Sources of capital : Shares — types ~ allotment — transfer of shares — rights and privileges of shareholders ~ dividends ~ declaration and payment of dividends, prohibition of buy back ~ private placement Debentures — floating charge — appointment of debenture trustees and their duties — kinds — remedies of debenture holders ~ redemption Acceptance of Deposit by Companies, charge on assets UNIT-V Reconstruction and amalgamation and winding up Reconstruction, rehabilitation and amalgamation : concept — jurisdiction and powers of courts and NCLT ~ vesting of rights and transfer of obligations ~ takeover and acquisition of minority interest Winding up : concept ~ modes of winding up — who can apply ~ procedure under different modes. Prescribed Books: ‘Taxman, Companies Act 2013. Singh,Avtar, Company Law, (Lucknow: Easter Book Company,2007) Reference Books: Ramaiah,A, Guide to Companies Act, (Nagpur: Wadhwa, 1998) Shah, S.M., Lectures on Company Law, (Bombay: Tripathi, 1988) Kuehal, 8.C, Corporation Finance: Principles and problems, 10° Edition, (Chaitanya Publishing House, 1973) Y.D. Kulshreshta, Government regulation of financial management of private corporate sector in India, Indian Law Institute, (1986) S. K. Roy, Corporate Image in India A Study of Elite Attitudes towards Public and Private Industry, (Shri Ram Centre for Industrial Relations and Human Resources ,1974) Gower, L.C.B, Principles of Modern Company Law, (London: Sweet & Maxwell, 1997) 65.L. Majumdar, Towards a philosophy of Modern Corporation. (Asia Publishing House, 1967) Pennington, Robert R., Pennington’s Company Law, (U.K: Oxford University Press, 2001) Rajiv Jain, Guide on foreign collaboration — Policies & Procedures (Vidhi Publication, 2007) C. Singhania, Foreign collaborations and Investments in India — Law and procedures, (Fred B. Rothman & Co, 1999) Joyant M Thakur, Comparative Analysis of A — FEMA Act, 1999 with FERA. Sanjiv Agarwal, Bharat's guide to Indian capital, 2nd Edition, (New Delhi: Bharat Law House Pvt Ltd, 2001) Note : The course teachers have to keep track of the notification regarding enforcement of the Companies Act, 2013 and teach the provisions enforced. For the provisions not enforced, the parallel provisions from the Act of 1956 are to be taught. 66COURSE-I: CIVIL PROCEDURE CODE AND LIMITATION ACT Objectives: Study of procedural law is important for a Law student. This course is designed to acquaint the students with the various stages through which a civil case passes through, and the connected matters, The course also includes law of limitation, The course teacher shall Endeavour to familiarise the students with the case papers (ike plaints, written statements, Interlocutory applications, etc.) involved in civil cases and touch upon the provisions of Evidence Act wherever necessary. Course contents: UNIT-1 Civil Procedure Code Introduction; Distinction between procedural law and substantive law- History of the code, extent and its application, definition; Suits: Jurisdiction of the Civil Courts- Kinds of jurisdiction-Bar on suits- Suits of civil nature (Sec.9); Doctrine of Res sub judice and Res judicata (Sections 10, 11 and 12); Foreign Judgment (Sections 13-14); Place of Suits (Sections. 15 to 20); Transfer of Cases (Sections. 22 to 25), UNIT -11 Institution of suits and summons: (Sections. 26, 0.4 and Sections. 27, 28, 31 and 0.5); Interest and Costs (Sections. 34, 35, 35A, B); Pleading: Fundamental rules of pleadings- Plaint and Written Statement- Return and rejection of plaint- Defences- Set off- Counter claim; Parties to the suit (O. 1): Joinder, misjoinder and non-joinder of parties- Misjoinder of causes of action- Multifariousness. ‘UNIT - IL Appearance and examination of patties (0.9, 0.18) - Discovery, inspection and production of documents (0.11 & 0.13) - First hearing and framing of issues (0.10 and 0.14) - Admission and affidavit (0.12 and 0.19) - Adjournment (0.17) - Death, marriage-Insolveney of the parties (0.22) - Withdrawal and compromise of suits (0.23) - Judgment and Decree (0.20); Execution (Sections 30 to 74, 0.21): General principal of execution- Power of executing Court- Transfer of decrees for execution- Mode of execution- a) Arrest and detention, b) Attachment, c) Sale. UNIT-IV Suits in particular cases; Suits by or against Governments (Sections 79 to 82, 0.27); Suits by aliens and by or against foreign rulers, ambassadors (Sections 85 to 87); Suits relating to public matters (Sections 91 to 93); Suits by or against firms (0.30); Suits by or against minors and unsound persons (0.32); Suits by indigent persons (0.33); Inter-pleader suits (Sec. 88, 0.35); Interim Orders; Commissions (Sec. 75, 0.26); Arrest before judgment and attachments before o7judgment (0.38); Temporary injunctions (0.39); Appointment of receivers (0.40); Appeals (Sections 90 to 109, 0.41, 42, 43, 45); Reference- Review and Revision (Sections. 113, 114, 115, 0.46, 0.46); Caveat (Sec. 144.A)- Inherent powers of the Court (Sections 148, 149, 151). UNIT-V n Act, 1963 Prescribed Books: Bakshi, P.M., Mulla’sCivil Procedure Code, 12" Edition, Bombay: Tripathi, 1990), Tandon, M.P, Code of Civil Procedure, (Allahabad Law Agency, 2005) Karnataka Civil Rules of Practice — Bare Act. Reference Books: Malik, MR, Ganguly's Civil Court, Practice and Procedure, (Eastern Law House, 2012) ‘Takwani,C.K, Civil Procedure Code.(Eastern Book Co., 2010) 68COURSE-IE: OPTIONAL-III: INTELLECTUAL PROPERTY RIGHTS-1 Objectives: Intellectual Property Law has assumed a great importance in recent times as a result of the recognition that “knowledge is property”. The creations of the human brain as IP are required to be understood and protected. The syllabi encompassing all relevant IP legislations in India with a view to understand and adjust with changing needs of the society because creative work is usefull to society and law relating to innovation/creativity i.e. Intellectual Property is one of the fastest growing subjects all over the globe because of its significance and importance in the present era. Disseminate information on national and international IPR issues. The course is designed with a view to create IPR consciousness; and familiarize the learners about the documentation and administrative procedures relating to IPR in India. The subject Intellectual Property Law divided into two Papers namely Paper — 1 and Paper - II of 100 marks each. Course contents: UNIT. Introductory Aspects: Overview of the concept of property; Industrial property and non- industrial property; Historical background of IPR; Importance of human creativity in present scenario; Different forms of Intellectual Property and its conceptual analysis. Patents: Introduction and overview of patent protection; History of Patent protections; Meaning and definition of patent; Object of patent; Scope and salient features of Patent Act; How to obtain a patent; Product patent and Process patent; Specification — Provisional and complete specification; Opposition proceedings to grant of patents; Register of patents and Patent Office; Rights and obligations of patentee; Transfer of Patent Rights; Compulsory licences; Government use of inventions; Revocation and surrender of patents; Infringement of Patents; Offences and Penalties. UNIT IL Trade Marks: Introduction and overview of trade mark; Evolution of trade mark law; Meaning and definition of Trade mark; Object of trade mark; Features of good trade mark; Different forms of trade mark; Trade marks registry and register of trade marks; Property in a trade mark; Registrable and non-registrable marks; Basic principles of registration of trade mark; Deceptive similarity; Assignment and transmission; Rectification of register; Infringement of trade mark; and penalties. Passing off; Domain name protection and registration; Offent UNIT IL Introduction and overview of Cyber Intellectual Property; Intellectual property and cyberspace; Emergence of cyber crime ; Grant in software patent and Copyright in software; Software piracy; Trade marks issues related to Internet (Domain name); Data protection in cyberspace; E- 68