Jurisprudence, Interpretation and General Laws

Paper Code: 
BCS 316
Credits: 
3
Contact Hours: 
45.00
Max. Marks: 
100.00
Objective: 

To acquire knowledge and understanding of General Laws.

9.00

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.

 Constitution of India: Broad Framework of the Constitution of India; Fundamental Rights, Directive Principles of State Policy and Fundamental Duties; Legislative framework and Powers of Union and States; Judicial framework; Executive/Administrative framework; Legislative Process; Money Bill; Finance Bill and Other Bills; Parliamentary Standing Committees and their Role; Writ Jurisdiction of High Courts and the Supreme Court; Different types of writs.

9.00

Interpretation of Statutes: Need for interpretation of a statute; Principles of Interpretation; Aids to Interpretation; Legal Terminologies; Reading a Bare Act & Citation of Cases.

General Clauses Act, 1897: Key Definitions; General Rule of Construction; Retrospective Amendments; Powers and Functions; Power as to Orders, Rules etc., made under Enactments.

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 of Torts: General conditions of Liability for a Tort; Strict and Absolute Liability; Vicarious Liability; Torts or wrongs to personal safety and freedom; Liability of a Corporate Entity/Company in Torts; Remedies in Torts.

9.00

Interpretation of Statutes: Need for interpretation of a statute; Principles of Interpretation; Aids to Interpretation; Legal Terminologies; Reading a Bare Act & Citation of Cases.

General Clauses Act, 1897: Key Definitions; General Rule of Construction; Retrospective Amendments; Powers and Functions; Power as to Orders, Rules etc., made under Enactments.

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 of Torts: General conditions of Liability for a Tort; Strict and Absolute Liability; Vicarious Liability; Torts or wrongs to personal safety and freedom; Liability of a Corporate Entity/Company in Torts; Remedies in Torts.

9.00

Indian Evidence Act, 1872: 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.

Special Courts, Tribunals under Companies Act & Other Legislations: Constitution; Powers of Tribunals; Procedure before Tribunals; Powers of Special Courts; Power to punish for contempt; Overview of NCLT Rules; Quasi-Judicial Authorities.

9.00

Registration Act, 1908: Registration of Documents : Compulsory, Optional; Time and Place of Registration; Consequences of Non-Registration; Prerequisites for Registration.

Right to Information Act, 2005: Key Definitions; Public Authorities & their Obligations; Role of Central/State Governments; Central Information Commission; State information Commission.

Information Technology Act, 2000 : Introduction, definition, important terms under the Act; 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.

References: 

1. Study Material Published by ICSI

2. Scanner-Arun Kumar(Shuchita Prakashans(P) Ltd)

3. General Law and Procedures-N.D Kapoor & Rajni Abbi(Sultan Chand & Sons New Delhi)

4. Constitution of India-Durga Das Basu( Prentice Hall of India)

5. General and Commercial Laws-Taxmann’s

6. Civil Procedure Code-M.P Tondoan(Allahbad Law Agency)

7. The law of specific Relief- Dr S.C Banerjee ( Law Book Company)

8. Law of Limitation,-V.G Ramchandran (eastern Book Company)

9. Journal Student Company Secretary(The ICSI New Delhi)

Academic Year: