BANKING LAW
(SEMESTER IX)
MODULE I: INTRODUCTION
Evolution of Banking and its history in India.
Bank, Banking and Bank Regulation.
Structure and function of Banking Institutions—The different types of Banks viz. Central Bank, Commercial
Bank, Co-operative Banks, Specialized Banks, Regional Rural Banks (RRBs), NABARD, Financial
Institutions and their respective functions – An Overview.
Commercial banks: Structure and function.
Systems of Banking: Unit banking, branch banking, group banking and chain banking.
MODULE II: RELATION BETWEEN BANKER AND CUSTOMER
Legal character of Banker – Customer relationship.
Rights and obligations of Banker.
Types of Accounts.
Principles of good lending.
MODULE III: THE NEGOTIABLE INSTRUMENT ACT, 1881
Legal aspects of negotiable instrument in general and special features of the following instruments in particular:
Companies, Promissory Note, Bill of Exchange, Cheque, Drawer, Drawee, Payee, Holder, Holder in due
course, Inland Instrument, Foreign Instrument, negotiable Instrument, Negotiation, Indorsement, inchoate
stamped Instruments.
Crossing of Cheques -- Criminal liability on dishonour of Cheque (Section 138 – 142) the law relating to
payment of customers cheque -- Rights and duties of paying banker and a collecting banker.
MODULE IV: RESERVE BANK OF INDIA: STRUCTURE AND FUNCTIONS
Central Banking: Organizational Structure of RBI
Functions of the Reserve Bank
Primary functions
Secondary functions
Controlling function of RBI over Banking and Non-Banking Companies
MODULE V: BANKING REGULATION ACT, 1949
Control over Management.
Prohibition of certain activities in relation to Banking Companies.
Acquisition of the undertakings of Banking Companies.
Suspension of Business and winding up of Banking Companies.
Special provisions for speedy disposal of winding up proceedings.
Powers of the Central Government towards Banking Companies.
MODULE VI: CONTROL OF BANKS IN INDIA
The role of banking institutions in the socio-economic development of the country- Advanced to priority sector
and Credit Guarantee Scheme.
Social Control of Banks.
Nationalisation of Banks.
Priority lending.
Protection of Depositors, Promotion of underprivileged classes, Development work and participation in
national economy. [Narsimha Committee Recommendations]
MODULE VII: EMERGING DIMENSIONS IN BANKING SYSTEM
E-commerce
E-banking
CRIMINOLOGY AND PENOLOGY
(SEMESTER IX)
UNIT I: INTRODUCTION OF CRIMINOLOGY
Definition, Nature, Scope and Importance of Criminology
Relation with other social sciences
The concept of crime (Sin, tort and crime) and characteristic of criminal law
Whether criminology is a science?
criminology and public policy
UNIT II: SCHOOLS OF CRIMINOLOGY
Pre-classical school (Demonology)
Classical school (Ideas of Bentham and Beccaria)
Neo-classical
Positivist school
Morphological theories – Cesare Lombroso, Enrico Ferri, Rafael Garafalo.
UNIT III: IDENTIFICATION OF THE CAUSES OF CRIME – THEORIES
Mental disorder and criminality
Sociological Theories (Sellin, Differential Association Theory – EH Sutherland )
Psychopathic approach
Biological approach
UNIT IV: FACTOR RESPONSIBLE FOR CAUSATION OF CRIME,
Environment, home and community influences,
Urban and rural crimes
The ghetto, broken homes, effect of TV, Video, Press, Narcotics and Alcohol
Wars and Communal riots-their causes and demoralizing effects
UNIT V: INTRODUCTION TO PENAL SYSTEM
Theory of punishments
Modes of punishment
Capital punishment
UNIT VI: POLICE AND PRISON SYSTEM
A: Police
Role and function of police
National Police Commission (recommendations)
Malimath committee report
B: Prison system
History of Prisons
Aims, objectives and conditions of prison
Types of prisons
Prison work, Education, Prison reform (schools and reformations)
Rights of prisoners (contribution of the Supreme Court)
UNIT VII: RE-SOCIALIZATION PROCESS
Probation and Parole
Definitions, Nature of probation and parole,
Duties of Probation Officers,
Difference between Parole and Probation,
Authority for granting Parole,
Supervisor of Parole
Problems of the released offender,
Attitude of the community towards released offender
CIVIL PROCEDURE CODE
(SEMESTER IX)
MODULE I: SUITS IN GENERAL
Definition
o Decree, decree holder, foreign judgment, judgment, judgment debtor, legal representative, mesne profit, order
and pleader.
o Other important terms: Cause of action, parties, subject matter of suit.
Jurisdiction of the Courts (Subject matter, territorial and pecuniary)
Res subjudice
Res judicata
Foreign Judgment
MODULE II: SUITS
Parties to Suits
Framing of Suits
Pleadings generally (Order VI)
Written Statement- Order VIII (Set-off & Counter-claim)
Plaint - Order VII
Appearances- Ex parte Decree
Costs and Interest
Filing a Caveat
MODULE III: TRIAL OF SUITS AND EXECUTION OF DECREES
Summons - Issue and Service of Summons
Summoning and Attendance of witnesses
Withdrawal and adjustment of Suits
Examination of parties by the court.
Temporary & Permanent Injunction and Interlocutory Orders.
Arrest and Attachment before Judgment
Execution of Decrees:
o Executing Court
o Modes of Execution
MODULE IV: APPEALS
General provisions relating to appeals
First Appeal
Second Appeal
Appeals to the Supreme Court
Reference
Appealable Orders
Review
Revision
Inherent Powers of Court
MODULE V: SPECIAL SUITS
Suits by/and against minors and person of unsound mind
Suits by/ and against indigent person.
Suit by/and against Government.
MODULE VI: THE LIMITATION ACT, 1963
General Provisions as to the Bar of Limitation and Extension of the prescribed time (Sections 1-5)
Legal Disability, exclusion of time etc. (Sections 6-24)
Acquisition and Extinguishment of Proprietary rights by the virtue of limitation (Sections 25-27)
COMPARATIVE CRIMINAL PROCEDURE
(SEMESTER IX)
UNIT I: INTRODUCTION TO CRIMINAL JUSTICE PROCESS
Historical Evolution of Criminal Justice System
Common Law System vs. Civil Law System
Adversarial model
Inquisitorial model
Hierarchy of criminal courts and their jurisdiction.
Nyaya Panchayat in India.
Prosecutors in India and their counterparts.
UNIT II: ROLE OF THE POLICE AND ITS POWERS
Role of the Police and its obligations under the CrPC
Police Powers in England- Power of Stop, entry, search, arrest and detention
Police Powers in the USA-From 4th Amendment to 14th Amendment to the US Constitution. Rights of
the arrestee. Power to stop, frisk, search, seizure and arrest.
Policing in Continental Countries
UNIT III: INVESTIGATION, CHARGING PROCESS, PROSECUTION OF CASE
Framing of Charge under the CrPC
Charging Process and case management under the UK system, Prosecution of a Criminal case
Charging Process in the USA. Role of the prosecutor and charging decision
Criminal Investigation in Continental Countries
UNIT IV: FAIR TRIAL PROCEDURE AND STAY OF PROSECUTION
Concept of Fair Trial under the Indian Constitution, Stay of proceedings under the CrPC
Abuse of Process and Stay of Prosecution under the UK System
Fair Trial Principles under US Constitution. Pre-Trial Motions
UNIT V: TRIAL PROCEDURE
Trial Process in India under the CrPC
System of Courts in UK, Trial Process in UK, Jury system
Trial Process in US. Preliminary hearing, Grand Jury hearing, Arraignment.
UNIT VI: SENTENCING AND CORRECTIONAL ADMINISTRATION
Probation
Pre-Sentence Investigation
Application of Determinate Sentencing Guidelines in the US and UK
Parole
CORPORATE REGULATION
(SEMESTER IX)
MODULE 1: INTRODUCTION
Basic concepts and dimensions
Financial regulation – scope, rationale and policies.
Financial system – Overview
o Financial Markets
o Financial Institutions
o Financial Instruments
o Financial Services
MODULE 2: REGULATORY FRAMEWORK – REGULATORS
Government –
o Business and Government
o Legal environment
Ministry of Finance – Objective and Vision
o Function, Role
o E-Governance
o MCA-21
Registrar of Companies.
Securities Exchange Board of India (SEBI)
Reserve bank of India
Insurance Regulatory and Development Authority
Pension Fund Regulatory and Development Authority
Competition Commission of India
Self-Regulatory Organisations (SRO)
Ombudsman
References
SEBI Regulations:
SEBI (Self-Regulatory Organizations) Regulations 2004
SEBI (Ombudsman) Regulations, 2003
MODULE 3: CORPORATE REGULATION UNDER INDIAN COMPANIES ACT
Directors – position, role and function
Individual Shareholder Right, Corporate Membership Rights, Derivative Action and Representative
Suits
Transfer and transmission of securities
Company Secretary – regulation
Investigation in the affairs of the company
Investors rights under Companies Act 1956
Prospectus and Disclosures
MODULE 4: PROTECTION OF INVESTORS THROUGH REGULATION
Rights of Investors under SEBI, SCRA and Listing Agreement
Dematerialisation of Securities – Depositary System & Procedures
Buy-back of Shares
Issue of ESOP and Sweat Equity Shares
Prohibition of Fraudulent and Unfair Trade Practices
Investor Education and Investor Grievance Redressal Mechanisms
Alternative Investment Fund Regulation
Collective Investment Scheme Regulation
References
SEBI Regulations:
SEBI (Prohibition of Fraudulent and Unfair Trade Practices) Regulations 2003
SEBI (Ombudsman) Regulations, 2003
SEBI (Depositories and Participants) Regulations, 1996
SEBI (Employee Stock Option Scheme (ESOP) Guidelines
SEBI (Issue of Sweat Equity) Regulations, 2002
SEBI (Prohibition of Insider Trading) Regulations 2015
MODULE 5: CORPORATE GOVERNANCE
Corporate Governance: need for regulation - concept, benefits, evolution, best practices
Corporate governance - features and problems of law reforms
Codes and guidelines on corporate governance - Analysis
References
Cadbury Report 1995
CII Voluntary Code of Corporate Governance (1998)
Kumarmangalam Birla Committee Report (1999)
Malegam Committee Report (2002)
Naresh Chandra Committee Report (2002)
Narayan Murthy Committee report (2003)
J.J. Irani Committee Report (2005)
Corporate Governance Voluntary Guidelines 2009
Listing Agreement, Clause 49 & Sec 177 of Companies Act 2013.
MODULE 6: CORPORATE SOCIAL RESPONSIBILITY
CSR – concept, different approaches,
Problem in delimiting boundaries.
Regulation – Voluntary CSR
Provisions of Companies Act, 2013
Current Issues.
References
CSR Voluntary Guidelines 2009
National Voluntary Guidelines on Social, Environmental & Economic Responsibilities of Business
2011
Companies Act 2013