SEVENTH SEMESTER
Labour Law –I
Unit-I: The Industrial Relations Code, 2020
A. Applicability
B. Features
C. Definitions
a. Appropriate Government
b. Employer
c. Employee
d. Worker
e. Industry
f. Industrial Dispute
g. Certifying Officer
h. Standing Order
i. Trade Union
D. Bi- Partite Forums (Chapter- II)
a. Work Committee (Section 3)
b. Grievance Redressal Committee (Section 4)
E. Trade Unions (Chapter- III) Sections 5 – 27
F. Standing Orders (Chapter IV)
a. Application of standing order and related provisions (Section 28-41)
b. Making of model standing orders by central government and temporary application
c. Preparation of draft standing orders by employers and procedure for certification Certifying officers and appellate
authority to have powers of civil courts
d. Appeals and evidence
Unit-II: The Industrial Relations Code, 2020
A. Voluntary reference of disputes to arbitration (Section 42)
a. Mechanism for resolution of industrial Disputes (Section 43) (Chapter VII)
B. Conciliation Office
C. Industrial Tribunal
D. National Industrial Tribunal
E. Procedure and powers of arbitrator, conciliation officer, tribunal and national industrial tribunal
a. Strike and Lockouts (Section 62-64) (Chapter VIII)
b. Lay- off, Retrenchment and closure (Section 65- 76)
F. Workers Re-skilling Fund (Section 83) (Chapter – XI)
a. Unfair labor practice (Section 84) (Chapter – XII)
b. Offences and penalties (Chapter – XIII)
Unit-III: Code on Wages, 2020
A. Applicability
B. Definitions
a. Workers
b. Wages
c. Minimum wages
d. Floor wages
e. Deduction
C. Minimum wages (Chapter II)
D. Fixation of minimum wages
E. Components of minimum wages
F. Procedure for fixing and revising minimum wages
G. Power of central government to fix floor wage
H. Wages of employees who work for less than normal working day
I. Wages for two or more classes of work
J. Minimum time rate wages for piece work
K. Fixing hours of work for a normal working day
L. Wages for overtime work
Unit-IV: Code on Wages, 2020
A. Payment of wages (Chapter III)
a. Mode of payment of wages (Section 15)
b. Fixation of wage period (Section 16)
c. Time limit for payment of wages (Section 17)
d. Deductions which may be made from wages (Sections 18, 20- 25)
e. Fines (Section 19)
B. Payment of Bonus (Chapter IV)
a. Eligibility for bonus etc.
b. Disqualification for bonus
C. Advisory Board (Chapter V)
D. Inspector cum –Facilitator (Chapter VII)
a. Appointment of inspectors-cum-facilitators and their powers
E. Offences and penalties (Chapter VIII)
Subject: Competition Law
Unit-I: Introduction to the Competition Law
A. Definition of enterprise and competition and importance of competition in the market
B. The evolving role of efficiencies in Competition Law
C. Nature, Scope and Objectives of Competition Law
D. Historical Development of competition law in USA, UK, Europe
E. Overview of MRTP Act,1969 and Monopolies Inquiry Commission, 1965.
F. Overview and analysis of Raghavan Committee Report
G. Interface between Competition and IPR & between Competition and Trade
Unit-II: Anti-Competitive Agreement and Abuse of Dominant Position
A. Perspective of Appreciable Adverse Effect, Rule per se and Rule of Reason
B. Nature and scope of horizontal and vertical agreements affecting competition under the Competition Act, 2002
C. Cartelization, Bid-Rigging, collusive bidding
D. Importance of Relevant market in context of Dominant position
E. Exploitative and exclusionary abuses
F. Predatory pricing, predatory behavior
Unit-III: Combination and Competition Commission of India
A. Regulation of combination in the competitive market and its challenges
B. Scope and impact of merger and amalgamation
C. Treatment of joint venture under Indian competition law
D. Nature, scope, function of Competition Commission of India
E. Powers of NCLT, Competition Advocacy
Unit-IV: International Instruments related to Competition Law and Emerging Trends
A. Competition law and practice in context of GATT, GATS, TRIMS and TRIPS
B. Study of Competition policy and practice in context of UNCTAD, OECD
C. Scope of European Competition law within Treaty on the Functioning of the European Union
D. International Competition Network and Competition Law
E. Economics in Competition law and practice; Oligopoly
F. Competition in Cyberspace; Cross-border competition issues
Subject: Company Law
Unit-I: Incorporation and Formation of Company
A. Definition, Nature and Concept of Corporate Personality
B. Advantages and Disadvantages of Incorporation, lifting of corporate veil
C. Different Kinds of Companies: One person Company, Foreign Company, Multinational, Transnational Corporations,
Companies not for profit, Family business.
D. Mode of Incorporation
a. Memorandum of Association
b. Articles of Association
c. Promotion, Incorporation, registration, commencement of company
E. Doctrines
a. Doctrine of Constructive Notice
b. Doctrine of Indoor Management
c. Doctrine of Ultra Vires
Unit-II: Corporate Financing
A. Prospectus and its Kinds
B. Classification of Company Securities
C. Shares and Share Capital - Concept, Nature and Kinds of Shares and Share Capital, Issue and Allotment of Shares.
D. Debentures- Concept, Nature and Kinds, Debenture Bond, remedies of debenture holders.
E. Transfer and Transmission of shares.
F. Borrowing and Lending- Inter-Corporate Loans.
G. Financial Fraud- A Case Study of Vijay Mallya etc.
H. Fraudulent Practices to Finance Family Business in India: A Case Study of Nirav Modi, Yes bank etc.
I. Role of Court to Protect Interests of Creditors and Shareholders, Class Action Suits, Derivative Actions, Shareholders Rights-
A Case Study of Tata Cyrus Mistry etc.
Unit-III: Company Management and Corporate Governance
A. Company Management- Position, powers, duties of directors, appointment of directors, and removal of directors.
B. Kinds of directors- Independent Director, Women Director.
C. Company Meetings- Kinds of Company Meetings and Procedure.
D. Majority Rule, Prevention of Oppression and Mismanagement
E. Investor Protection
F. Insider Trading- Concept of Insider Dealings and its Prohibition
G. Corporate Fraud
H. Accounts and Audit, powers, duties and liabilities of auditors, appointment and removal of auditors.
a. Corporate Governance- Meaning, Need, Current developments, corporate governance in India.
Unit-IV: Corporate Social Responsibility and Corporate Liquidation
A. Corporate Social Responsibility
a. Concept, Evolution and Emerging Trends of CSR
b. CSR under Company Act
c. Corporate legal liability - civil, criminal and environmental.
B. Winding up of Company
a. Concept of winding up and Dissolution of Company
b. Compulsory winding up of company
c. Winding up of company under Insolvency and Bankruptcy Code 2016
d. Role of NCLT/ NCLAT in winding up
e. Consequences of winding up order, Role of Liquidator
f. Liability of past members, preferential payments, unclaimed dividends
Subject: Law and Emerging Technology
Unit-I: Introduction: Notion of Technology
A. Emergence of Technology and Industrial Revolution
B. Legal Order and Technological Innovation
C. Law, Ethics and Technology
D. Disruptive Technology – Nature, Scope and Impact on Society
E. Artificial Intelligence – Emerging Legal Issues
F. Blockchain, Internet of Things – Emerging Legal Issues
Unit-II: E-Commerce
A. Model Law of E-Commerce
B. Online Contracting
C. Jurisdiction Issue in E-Commerce
D. Digital Signature/Electronic Signature
E. E-payment, E-Banking
Unit-III: Cyber Crime
A. Jurisdiction Issue in Cyber Crime
B. Cyber Crime under Information Technology Act: National Perspective
C. Cyber Crime under Information Technology Act: International Perspective
D. International Convention on Cyber Crime
E. Mobile Phones Crimes
Unit - IV: Genetic and Medical Technologies
A. Genetic Technologies
a. Environment Effect: Environment Protection Act
b. Genetic Engineering and Plant Variety Act
c. Natural Resources and Biodiversity Act
B. Medical Technologies
a. Medical Technologies and Forensic Science
b. DNA Profiling
c. Brain Mapping
d. Narco-analysis
e. Handwriting
f. Any other new Forensic Science
C. Medical Technologies and Drugs
a. Patent Protection
b. Life Saving Drugs
c. Generic Drugs
d. National Drugs Policies
D. Medical Technologies and New Areas
a. Organ Transplantation
b. Experiment on Human Beings
c. Sex Determination Test
d. Designer Baby
e. Abortion
f. Cloning
g. Artificial Reproductive Technologies
Subject: Intellectual Property Rights-I
Unit-I: Fundamentals and Development of Intellectual Property
A. Origin and Development of Intellectual Property Rights
B. Nature, scope and concept of IPRs
C. Justification of protection and theories of IPRs
D. International Conventions and Treaties: Paris Convention, Berne Convention, WIPO and TRIPS
Unit-II: Copyright
A. Introduction to Copyright Law
B. Idea-expression dichotomy
C. Subject matter of copyright
D. Rights under copyright
E. Ownership and authorship of Copyright
F. Term of Copyright
G. Assignment and Licensing
H. Infringement and remedies
I. Fair Use and Exceptions
J. Neighboring rights
Unit-III: Designs
A. Industrial Design: Nature and Concept
B. Brief outline of International Conventions
C. Registration of Design
D. Effect of registration
E. Piracy in designs and remedies thereof
F. Authorities and their powers
G. Overlapping of designs with Copyright and trademarks
Unit -IV: Patents
A. Meaning of Patent
B. Brief Outline to International Conventions
C. Conditions of Patentability
D. Procedure for filing patent application
E. Revocation and surrender of patents
F. Compulsory Licensing
G. Use of Patents by the Government for its own use
H. Parallel Imports
I. Infringement and Remedies Rights and limitations of patents
J. Penal provisions
Subject: Socio-Economic Offences
Unit-I: An Introduction to Socio-Economic Offences
A. Introduction to Socio-Economic Offences
B. Nature and Scope of Socio-Economic Offences
C. Distinction between Traditional and socio-economic crimes with reference to Mens Rea
D. Concept of punishment and forms of punishment.
Unit-II: The Prevention of Money-Laundering Act, 2002
A. Need for combating Money-Laundering, Magnitude of Money-Laundering, its steps and various methods
B. Definitions. Offence of money laundering, Cognizance of offences.
C. Adjudication & attachment, Summons, searches & seizures
D. Appellate tribunals, Special courts, Agreements with foreign countries
E. Serious fraud investigation office, 2003
F. PMLA amendment, 2019
G. Hoarding and profiteering
Unit- III: The Food Safety and Standards Act, 2006
A. Definitions of ‘food’, ‘Adulterant’, ‘contaminant’, ‘food business’, ‘misbranded food’.
B. Authorities under the Act: Food Safety and Standards Authorities of India: Establishment and functions
C. General Principles to be followed for food safety under the Act (Section 18)
D. Food Safety Officer- Power, Function and liabilities, Licensing and Registration of food business (Sec. 31)
E. Food Analysis
F. Provisions related to offence and penalties (Sections 48 to 67), Adjudication and Appeal procedures (Sections 68 & 76).
G. Spurious Drugs
Unit- IV: Corruption
A. The Prevention of Corruption Act, 1988
a. Need of the Act (read with Santhanam Committee Report)
b. Definitions of public servant
c. Offence and their Penalties (Section 7 to 15)
d. Sanction for prosecution (Sec. 19 r/w Sec. 218 of BNSS,2023)
e. Presumption where public servant accepts gratification (Section 20)
B. Investigation and Prosecution
a. Central Vigilance Commission (CVC)
b. Central Bureau of Investigation (CBI)
c. Criminal Investigation Department (CID)
d. Other Organizations
