Jurisprudence, Interpretation and general laws

Paper Code: 
BCS 313
Credits: 
06
Contact Hours: 
90.00
Max. Marks: 
100.00
Objective: 

To acquire knowledge and understanding of Jurisprudence Interpretation and General Laws.

 

BCS 313

Jurisprudence, Interpretation and general laws

CO 76: To gain a knowledge about the constitution and various rights and duties of citizens and also various sources of law.

CO 77: Awareness about Need for interpretation of a statute; Principles of Interpretation and General Rule of Construction.

CO 78:To provide understanding about Administrative Laws and  General conditions of Strict and Absolute Liability for a Tort along with Computation of the Period of Limitation; Bar of Limitation

CO 79:Understand the concept Civil Procedure Code, 1908 and Indian Penal Code, 1860 along with their application and terminology.

CO 80:Knowledge of meaning  of  Indian evidence  Law  and  Indian Stamp act.

CO 81:Understanding of meaning and Familiarization  with  the  Concept  of  Special Courts, Tribunals under Companies Act & Other Legislations. and also the alternative dispute resolution method like arbitration and conciliation.

CO 82:Awareness about the registration of various documents and effects of non registration.

CO 83:Getting overall understanding about the right to get information from various public authorities, and the Information Technology act 2000.

Learning Strategies:
1. Reading online case studies.
2. Seeing You tube videos on how to solve case studies.
3. Preparing PPTs and Ms Excel files
4. Preparing the reports on MS Word.
Teaching Strategies:
1. Making the students familiar with case study based learnings.
2. Solving Case studies with the students.
3. Analyzing and interepreting the case studies with the help of MS Excel
4. Working with various statistical tools

PPT's
VIVA Voce
Written Assignments
Quiz
Creative assignments from newspapers.

 

18.00
Unit I: 
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.

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

 

18.00
Unit II: 
General Clauses Act, 1897:

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

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.

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.

Limitation Act, 1963: Computation of the Period of Limitation; Bar of Limitation; Effect of acknowledgment; Acquisition of ownership by Possession; Classification of Period of Limitation.

 

18.00
Unit III: 
Indian Penal Code, 1860:

Introduction; Offences against Property-Criminal Misappropriation of Property, Criminal Breach of Trust, Cheating, Fraudulent Deeds and Dispositions of Property; Offences relating to Documents and Property Marks- Forgery; Defamation; Abetment and Criminal Conspiracy

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, Summary Proceedings, Appeals, Reference, Review and Revision; Powers of Civil Court and their exercise by Tribunals; Institution of Suit; Summary Procedure.

 

18.00
Unit IV: 
Criminal Procedure Code, 1973:

Classes of Criminal Courts; Power of Courts; Arrest of Persons; Mens Rea; Cognizable and Non-Cognizable Offences; Bail; Continuing Offences; Compounding of Offences; Summons and Warrants; Searches; Summary Trial

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.

Arbitration and Conciliation Act, 1996: Arbitration Law in India; Appointment of Arbitrators; Judicial Intervention; Award; Recourse against Award; Conciliation and Mediation..

 

18.00
Unit V: 
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.

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

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

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(ShuchitaPrakashans(P) Ltd)

 

Academic Year: