Académique Documents
Professionnel Documents
Culture Documents
iii.
Motive Knowledge.
iv. Intention, Recklessness and Negligence.
c) Mens Rea and Criminal Liability
i.
General Principles of Liability.
ii.
Principles of mela in se, mela prohibita
iii.
Joint liability
iv. Vicarious liability
v. Strict liability
vi.
Absolute liability
d) Mens Rea vis--vis Socio-Welfare Offence and Socio-Economic Offences.
MODULE-IV: Inchoate Offences
i.
Abetment.
ii.
Conspiracy.
iii.
Attempt to commit offences.
MODULE: V
a) Jurisdiction of Indian Penal Code.
b) General Explanations of Indian Penal Code.
c) Punishment; Crime and punishment, necessity and objective of punishment
d) General Exceptions
e) Right to Private Defense
PART-II: SPECIAL OFFENCES
MODULE: I: Offences affecting to Human body
a) Offences against Human Life
i.
Culpable Homicide
ii.
Murder
iii.
Causing death by negligence
iv. Abetment of suicide
v. Attempt to commit the above three offences
vi.
Being a Thug
vii.
Causing miscarriage
b) Offences against human body
i.
Hurt (Simple and grievous
ii.
Wrongful Restraint and wrongful confinement
iii.
Criminal force & assault
iv. Kidnapping, Abduction, Slavery & forced labours
v. Unnatural offence
vi.
Homosexuality.
MODULE:II: Offences against Women
Waging war
Assaulting high officer
Sedition
Suffering escape of, or harbouring a state prisoner or prisoner of war
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OBJECTIVE: This course on Labour and industrial law aims at delineating the aspect of
management of labour relations and dispute settlement bodies and techniques.
MODULE-1: Trade Union Act, 1923
a) Trade Unionism in India.
b) Definition of trade union and trade dispute.
c) Workers Right to form Union vis a vis Indian Constitution: the membership of
trade union, closed shop and Union shop.
d) Registration of Trade Union- Remedies in case of non-registration and cancellation
of registration of union.
e) Privileges and protection of registered trade union from certain Acts and Omissions.
f) Unfair labour practices and victimization.
MODULE-II: Collective Bargaining
a) Concept and importance of Collective Bargaining.
b) Pre-requisite for Collective Bargaining.
c) Process of administering Collective Agreement (Negotiation, Mediation &
Voluntary Arbitration & Compulsory Arbitration).
d) Duration and Enforcement of Bipartite Agreement (Secs. 18, 19, Industrial
Dispute Act, 1947).
e) Pressurization: Strike, Go-slow, Work-to-Rule, Gherao and Lock-out.
MODULE-III: Standing Orders.
a) Concept, Nature and Scope of Standing Orders under Industrial Employment
(Standing Order) Act, 1946.
b) Formulation of Standing Orders and its Certification Process.
c) Modification and Temporary application of model Standing Orders.
d) Interpretation and enforcement of Standing Orders.
e) Penalties and procedure.
MODULE-IV: Regulations of Industrial Disputes: The Industial Disputes Act, 1947
a) Definition of the concept of the Industry, Industrial Dispute and Workman.
b) Arena of interaction and participants- Industry, Workman and Employer.
c) Power of Government to refer Industrial Disputes for Adjudication.
i. The adjudicatory machinery.
ii. Award and its binding nature.
iii. Judicial review of awards.
SUGGESTED READINGS
1. Legal Theory--- W. Friedmann.
2. Salmand on Jurisprudence--- Fitzgerald (ed.).
3. Jurisprudence--- Dias R.W.N
4. The Concept of Law--- H.L.A. Hart.
5. Introduction to the Philosophy of Law--- Roscoe Pound.
OBJECTIVE: Constitution of India is the highest norm of public law. It embodies the main
principles of the Democratic Government. Understanding of the Constitution and law is
imperative for law students such as how it came into being, what are its powers, functions,
responsibilities, obligations and how power is limited and distributed. Therefore a deep
understanding of the Constitution of India which developed through constitutional amendments,
judicial decisions, constitutional practice and conventions is essential for law students. Students
should know the evolution of the Constitution of India, philosophy of federalism especially
Centre- State relations, Constitutional process of adoption and alteration and services under the
Constitution. Constitutional law highlights its never ending growth in above mentioned areas.
Students are also expected to know the myriad interpretations of Constitution and why a
particular interpretation was adopted by the Supreme Court. A critical analysis is of prime
importance for the study of the Constitution
MODULE-I: The Constitution
a) Sources of Constitution.
b) Salient features of Indian Constitution.
c) Rule of Law: State of UP vs. Ram Sajivan, 2010 SC. AIR 1738.
d) Separation of Power.
MODULE-II: Distribution of Powers between Centre and State
a) Legislative Powers.
b) Administrative Powers.
c) Financial Powers.
d) Relevant Doctrines:
i. Territorial Nexus.
ii. Harmonious Construction.
iii. Pith and Substance.
iv. Repugnancy.
MODULE-III: Constitutional Organs
a) Parliament.
b) Parliamentary Sovereignty.
c) Parliamentary Privileges.
d) Anti-Defection Law.
e) Executive Power.
f) Collective Responsibility of Cabinet.
g) Judiciary- Jurisdiction of Supreme Court and High Court.
h) Independence of Judiciary.
i) Public Interest Litigation.
j) Power of Judicial Review.
MODULE-IV: Emergency Provisions ( Arts: 352-360). Need for such a provision. Types of
emergencies. Effect of emergency on Centre-State relationship; Centres power over the State;
Emergency and suspension of Fundamental Rights. Methods of Constitutional Amendment;
Limitations upon Constitutional Amendment (Shankari Prasad, Sajjan Singh); why should
fundamental rights be immune from the process of Constitutional Amendment (Golak Nath).
Basic Structure, doctrine as a limitation (Keshvananda Bharti and its aftermath).
MODULE-V: Services under the Constitution: Doctrine of Pleasure (Art.- 310). Protection
against arbitrary dismissal, removal. Reduction in rank (Art-311) including its exceptions.
SUGGESTED READINGS
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