Jurisprudence and Interpretation of Laws

Paper Code: 
24BCS215
Credits: 
04
Contact Hours: 
60.00
Max. Marks: 
100.00
Objective: 

Course Objectives:

This course will enable the students to gain understanding, application and working knowledge of jurisprudence.

 

Course Outcomes: 

Course

Learning outcome

(at course level)

Learning and teaching strategies

Assessment Strategies

Course Code

Course

Title

24BCS215

Jurisprudence and Interpretation Of Laws

 (Theory)

CO 1:Determine the need for interpretation of a statute and its source.

CO 2:Assess administrative Laws and Specific Relief act along with gaining an understanding about Indian Stamp Act.

CO 3:Interpret the concept of Civil Procedure Code, 1908 along with their application and terminology, registration of various documents and effects of non-registration.

CO 4:Classify the different classes of criminal courts operating in the country along with the procedure to be followed to collect evidences.

CO 5:Appraise the meaning and Concept of alternative dispute resolution, RTI and IT act.

CO 6:Contribute effectively in course – specific interaction.

Approach in

teaching: Interactive Lectures, Discussions, Tutorials, Problem solving sessions, Presentations

 

 

Learning activities for the students: Self-learning assignments, Case Study Analysis, Presentations, Group Discussions

 

Continuous Assessment Test, Semester End Examinations, Quiz, Assignments, Class Presentations, Individual and group projects.

 

 

12.00
Unit I: 
Sources of law and Principles of statutory interpretation

Sources of Law:

  • ·       Meaning of Law and its Significance; Relevance of Law to Civil Society;
  • ·       Jurisprudence & Legal Theory; Schools of Law propounded by Austin, Dean Roscoe Pound, Salmond, Kelsen and Bentham;
  • ·       Statutes, Subordinate Legislation, Custom, Common Law, Precedent, Stare decisis.

Interpretation of Statutes:

  • ·       Need for interpretation of a statute; Principles of Interpretation;
  • Aids to Interpretation; Legal Terminologies; Reading a Bare Act & Citation of Cases
12.00
Unit II: 
Administrative Laws, Specific Relief and Stamp duty regulations in India

Administrative Laws:

  • Conceptual Analysis;
  • Source and Need of Administrative Law; Principle of Natural Justice;
  • Administrative Discretion; Judicial Review & Other Remedies;
  • Liability of Government, Public Corporation.

Law relating to Specific Relief:

  • Specific reliefs and defense, Specific performance and defense,
  • Unenforceable contracts, Rescission of Contracts,
  • Cancellation of Instruments, Declaratory Decrees,
  • Preventive Reliefs.

Indian Stamp Act, 1899:

  • Key Definitions; Principles of Levy of Stamp Duty; Determination,
  • Mode and timing of Stamp Duty; Person responsible;
  • Consequences of Non-Stamping and Under-Stamping; Adjudication; Allowance and Refund;
  • Concept of E-Stamping.

 

12.00
Unit III: 
CPC and Registration Laws : Key concepts and provisions

Civil Procedure Code, 1908:

  • Structure and Jurisdiction of Civil Courts,
  • Basic Understanding of Certain Terms
  • Order, Judgment and Decree, Stay of Suits, Cause of Action,
  • Res Judicata, Sub-judice l Summary Proceedings/Procedures,
  • Appeals, Reference, Review and Revision,
  • Powers of Civil Court and their exercise by Tribunals, Institution of Suit,
  • Law relating to Commercial Courts

Law relating to Registration of Documents:

  • Registration of Documents: Compulsory, Optional,
  • Time and Place of Registration, Consequences of Non-Registration, Prerequisites for Registration,
  • Provisions of Transfer of Property Act, 1882 and registration of Documents,
  • Properties which cannot be Transferred, Rule Against Perpetuities, Lis Pendens,
  • Provisions Relating to Sale, Mortgage, Charge, Lease, Gift and Actionable Claim, Easement Rights

 

12.00
Unit IV: 
Criminal Law and Evidenve: Principles , procedures and admissibilty

Laws relating to Crime and its Procedure:

  • Introduction, Classes of Criminal Courts, Power of Courts, Arrest of Persons,
  • Mens Rea and Actus Reus, Cognizable and Non-Cognizable Offences, Bail, Continuing Offences, Compounding of Offences,
  • Summons and Warrants, Searches, Summary Trial, Offences against Property,
  • Criminal Breach of Trust, Cheating, Fraudulent Deeds and Dispositions of Property,
  • Offences relating to Documents and Property Marks, Forgery, Defamation

Law relating to Evidence:

  • Concept of Relevant Evidence and Admissible Evidence, Statements about the facts to be proved, Relevancy of facts connected with the fact to be proved, Opinion of Third Persons,
  • Facts of which evidence cannot be given, Oral, Documentary and Circumstantial Evidence,
  •  Burden of proof, Presumptions, Estoppel, Witness,
  • Improper admission & rejection of evidence, e-evidence

 

12.00
Unit V: 
Alternate dispute resolution and information laws

Law relating to Arbitration, Mediation and Conciliation:

  • Arbitration Law in India, Appointment of Arbitrators, Judicial Intervention,
  • Award, Recourse against Award, Commencement of conciliation proceedings, Laws relating to conduct of conciliation proceedings,
  • Termination of conciliation proceedings, Role of conciliator in other proceedings,
  • Power of High Court to make rules, Development of Mediation Law, Mediation rules made by Higher Courts

Right to Information Law:

  • Key Definitions, Public Authorities & their Obligations,
  • Role of Central/State Governments, Central Information Commission, State information Commission

Law relating to Information Technology:

  • Introduction, definition, important terms under the IT Act l
  •  Digital Signatures, Electronic Record, Certifying Authority, Digital Signature Certificate,
  • Cyber Regulation Appellate Tribunal,
  • Offences and Penalties, Rules relating to sensitive personal data under IT Act, Development and Law of Data Protection

 

Essential Readings: 

Essential Readings:

  1. Study Material Published by ICSI

 

References: 

Suggested Readings:

  1. ·       Scanner-ArunKumar(ShuchitaPrakashans(P) Ltd
  2. ·       CS Shreshthi Surana
  3. ·       Subhash C Kashyap
  4. ·       10 Judgments that changed India by Zia Mody

 

E- Content:

  1. ·       https://www.icsi.edu/student-n/new-syllabus-2022/studymaterial2023/executive-program/
  2. ·       https://www.icsi.edu/e-journals/

 

Academic Year: