Semester - IX

SYLLABUS

FOR

FIVE YEARS INTEGRATED

BACHELOR DEGREE IN LAW
(B.A. LL.B (H))

SIKSHA ‘O’ ANUSANDHAN NATIONAL INSTITUTE OF LAW

Siksha ‘O’ Anusandhan
(Deemed to be University)
University
Ghatikia, Kalinga Nagar, Sum Hospital Road
Bhubaneswar - 751003

Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 SEMESTER – IX
SUBJECT: ADMINISTRATIVE LAW
PAPER CODE: LC 502

Objective: The Administrative law deals with the structure, functions and powers of the
Administrative organs. It also explains the methods and procedures of these Administrative
organs. It also makes available all the relevant remedies to the persons whose rights are
infringed by the operations of these organs during the course of Administration. In the
contemporary context, the use of administrative law is very relevant for Legislature,
Executives and Judiciary. The purpose of this paper is make students aware of various aspects
of administrative law including quasi-legislative, quasi-judicial and other ministerial
functions of administration and control thereof.

Unit- I Evolution and Scope to Administrative Law

a) Evolution, Nature & Scope of Administrative Law
b) Relationship between Administrative Law with Constitutional Law
c) Separation of Powers & Rule of Law
d) Classification of Administrative Law

Unit- II Legislative & Judicial Power of Administration

a) Necessity and Extent of Delegated Legislation, Control over Delegated
Legislation
b) Subordinate Legislation
c) Principles of Natural Justice – Effect of non-compliance with principle
of natural justice, Rule against Bias, Audi Alteram Partem
d) Exception to the principles of natural justice

Unit- III Judicial Control of Administrative Action

a) Grounds of Judicial Review and Need for it
b) Doctrine of Legitimate Exception and Doctrine of Accountability
c) Doctrine of Ultra Vires
d) Appropriate Writs

Unit- IV Administration Tribunals

a) Establishment & Growth of Administrative Tribunals
b) Distinction between Court & Administrative Tribunals
c) Procedure to be followed and functions of Administrative Tribunals
d) Advantages and Disadvantages of Tribunal Justice System

Text Books:

1. Durga Das Basu, Administrative Law, 7th Edn. S. P. Sengupta, Kamal Law
House,(2015)
2. Ecs Wade, Introduction to A.V. Dicey: An Introduction to The Study The Law
of Constitution 10th Ed, London, Palgrave, (1959)

Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 3. H.W.R. Wade and C.F Forsyth, Administrative Law 11th Edn. Oxford University
Press (2014)
4. I.P. Massey, Administrative Law -8th Edn. Eastern Book Company (2012)
5. Lord Woolf; Jeffrey Jowell, Andrew Le Sueur; Catherine Donnelly; Ivan Hare, De
Smith’s, Judicial Review, 7th Ed, Sweet and Maxwell (2015)
6. M.C. Jain Kagzi, The Indian Administrative Law, 7th Edn, Universal Law
Publishing Company Pvt. Ltd (2014)
7. M.P Jain And S.N. Jain, Principles of Administrative Law, 6th Edn. LexisNexis
(2013)
8. M.P. Jain, Cases and Materials on Indian Administrative Law,
LexisNexis,(1994)
9. Paul Craig, – Administrative Law- 6th Edn. -Sweet and Maxwell. (2008)
10. S P Sathe , Administrative Law, 7th Edition –LexisNexis, Butterworth (2004)
(Reprint 2010)
11. T.K. Takwani, Letuers on Administrative Law- 4th Edition – Eastern Book
Company

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Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 SEMESTER – IX
SUBJECT: COMPANY LAW – I
PAPER CODE: LC 503
Objective: The law relating to Companies is one of the most significant and all pervasive
amongst the various corporate legislations. Numerous amendments made in the Companies
Act, 1956 over the years from its inception, intended to deal with the increased complexities
in the corporate environment. A number of judicial decisions on the subject have added new
dimensions to the interpretations of the provisions of this legislation. The present course on
Company Law is designed to represent an impressive and judicious blending of the
provisions of the Companies Act, 2013 with a view to make the students aware of the latest
developments made in the Act regarding corporate management, control, abuses, remedies
and winding up.

Unit- I Introduction
a) Meaning, Nature & Characteristics of a Company, Difference from
Partnership & Limited Liability Partnership
b) Lifting the Corporate Veil- Necessity under the statutory provisions &
under judicial interpretations, Advantages & Disadvantages of
Incorporation
c) Kinds of Companies
d) Distinction between private and public company, Special Privileges
and Exemptions available to Private Companies, Procedure for
conversion of a Private Company into a Public Company & vice versa.

Unit- II Formation & Incorporation of a Company

a) Formalities for the formation of the company, Pre-incorporation
Contracts, Promotion, Legal Position of a Promoter with duties &
liabilities
b) Registration/Incorporation of a Company- Procedure to be adopted,
certificate of Incorporation & its effect & conclusiveness,
commencement of business
c) Memorandum of Association (MOA) – Meaning, Importance, Form &
Content, Alteration of MOA, Doctrine of Ultra Vires
d) Articles of Association (AOA) – Meaning, Importance, Form &
Content, Alterations of AOA, Doctrine of Constructive Notice and
Indoor Management, distinction between the MOA and AOA

Unit- III Prospectus, Shares & Share Capital - I

a) Meaning, Definition & Contents of Prospectus, Statutory requirements
as to the issue of prospectus
b) Prospectus by implication/ Deemed Prospectus, Shelf Prospectus &
Red- herring prospectus, Mis-statements in a Prospectus & their
consequences, Golden Rule for framing of Prospectus
c) Share & Share Capital – Meaning, Nature, Kinds of Shares, Share &
Stock, Raising of capital/ Issue of shares, Rights shares & Bonus shares

Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 d) Shares – Allotment – general principles & statutory requirements, Buy-
back of shares, Issue of securities at a premium, shares at a discount &
sweat equity shares, object & effect of a Share Certificate, Conversion of
Debentures into Shares, Reduction of share capital

Unit- IV Share Capital – II and Company Management

a) Calls on Shares & forfeiture of Shares, Transfer of Shares, consequences

of forged transfer, Nomination of Shares & Debentures, Lien on shares
b) Shareholder/ Member- Definition, Modes of acquiring Membership,
termination of Membership, rights, duties & liabilities of a Shareholder
c) Directors – Meaning, Qualification, Legal Position of a Director
d) Appointment & Removal of Directors, Powers, Duties & Liabilities of
Directors
Text Books
1. Palmer, Company Law.
2. Gower, Company Law.
3. Ramaih, A Guide to Companies Act, Wadhwa Publications.
4. Dr. G.K. Kapoor & Sanjay Dhamija, Taxmann’s Company Law
5. Avatar Singh Company Law, Eastern Book Company, Lucknkow.
6. Anantha Raman, lectures on company Law, Wadhwa and Company.
7. Tadon M.P., Company Law, Allahabad Law Agency, Allahabad.
8. Kailash Rai, Company Law, Allahabad Law Agency, Allahabad

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Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 SEMESTER - IX
SUBJECT: LABOUR LAW – II
PAPER CODE: LC 504

Objective: Popularly referred to as the Social Security Law, this course aims to introduce the
students to the concept of welfare of workers which is all the more important in the era of
privatization. The course attempts this by way of reference to various statutes. This paper
focuses on various aspects of management of labour relation and dispute settlement bodies
and techniques and also emphasizes on wage policies, compensation caused during the course
of employment and working conditions of employees.

Unit- I Employees Compensation Act, 1923

a) Nature, Object, Application & Interpretation of Important Concepts &
Terms
b) Employer’s Liability for Compensation
c) Amount of Compensation & Method of Calculation & Distribution
d) Procedure of Settlement of Disputes by the Commissioner

Unit- II Payment of Wages Act, 1936 & Maternity Benefit Act, 1961
a) Nature, Object, Application of the Act & Interpretation of Important
Concepts & Terms
b) Payment of Wages and Deductions – Responsibility for payment of
wages, fixation of wage period, time of payment of wages &
deductions
c) Authorities – Inspectors, Authority to hear claims, appeal etc & other
Miscellaneous Provisions
d) Nature, Object, Application & Interpretation of Important Concepts &
Terms, Provision of Benefit to a Pregnant Women

Unit- III Employees State Insurance Act, 1948

a) Nature, Object, Application of the Act & Interpretation of Important
Concepts & Terms
b) Contributions & Benefits
c) Adjudication of Disputes & Claims
d) Penalties & other Miscellaneous Provisions

Unit- IV Employees Provident Funds and Miscellaneous Provisions Act, 1952

a) Nature, Object, Application of the Act & Interpretation of Important
Concepts & Terms
b) Employees’ Provident Fund Scheme
c) Employees’ Pension Scheme, Employees’ Deposit Linked Insurance
Scheme
d) Cognizance of Disputes & Penal Provisions

Text Books
1. R.F. Rustomji: The Law of Industrial Disputes in India.

Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 2. J.N. Malik: Trade Union Law.
3. Bagri: Law of Industrial Disputes, Kamal Law House, Delhi.
4. Srivastava: Law of Trade Unions., Eastern Book Company.
5. Dr. [Link], Labour and Industrial Law, Central Law Agency,
Allahabad.
6. [Link], Labour and Industrial Law, Central Law Agency, Allahabad.
7. Khan and Khan Labour Law, Asia Law House, Hyderabad.
8. Malhotra, The Law of Industrial Disputes Ovl. Land II, Universal, Delhi.
9. D.D. Seth, Commentaries on Industrial Disputes Act, 1947, Law Publising
House, Allahabad.
10. ILI, Labour Law and Labour Relations Pts. 3,4,6, 7, 9 and 11.
11. Arjun P. Aggrawal, “Conciliation and Arbitration of Labour Disputes in
Australia”.
12. D.C. Jain, “Meaning of Industry: Widerness of Conjectural Justice”.
13. T.N. Singh, “Futuristic Industrial Jurisprudence Poser”.
14. S.C. Srivastava, Industrial Relations and Labour Law.

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Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 SEMESTER - IX
SUBJECT: LAW RELATING TO PATENT (OPTIONAL)
PAPER CODE: LO 505

Objective: To make the students conscious of the principal concepts of intellectual property
rights and its importance as a spur to human creativity, the issues related to intellectual
property rights and the legal frame work to protect the intellectual property rights with
specific emphasis on policy trends and application at the corporate level. This course seeks to
provide a foundation for students to understand the enormous potential and power of IP and
regulatory framework in India
Unit- I Introduction - Intellectual Property Rights in General
a) Concept, Nature & Scope of Intellectual Property Rights
b) IPR as per Trade Related Aspects of Intellectual Property Rights
c) Overview of International Treaties and Instruments regarding
Intellectual Property Rights
d) Enforcement of IPR & Sui-Generis Protection

Unit- II Law relating to Patent in India - Basics

a) Historical Prospective, Object of Patent Law
b) Important Definitions, Criteria to Grant Patent, Patentable Invention &
Non Patentable Invention
c) Types of Patent, Rights & Obligation of the Patentee
d) Specifications – Provisional & Complete Specification, Date of Priority

Unit- III Procedure to Obtain Patent in India

a) Filing of the Patent Application, Types of Patent Application
b) Publication & Examination, Opposition & Grant of Patent, Term of
Patent & Renewal
c) Transfer of Patent Rights, Compulsory License, Govt. use of Inventions
d) Revocation & Surrender of Patents

Unit- IV Infringement of Patent Rights & Remedies

a) Principles of Infringement of Patent
b) Grounds of Infringement & Defenses
c) Action for Infringement & Remedies
d) Threat of Infringement Proceedings
Text Books
1. P. Narayanan: Patent Law, Eastern Law House.
2. Roy Chowdhary, S.K. & Other, Law of Trademark, Copyrights, Patents and
Designs.
3. Dr. G.B. Reddy, Intellectual Property Rights and the Law, Gogia Law Agency.
4. John Holyoak and Paul Torremans, Intellectual Property Law.
5. B.L. Wadhera, Intellectual Property Law, Universal Publishers.
6. W.R. Cornish, Intellectual Property Law, Universal Publishers.
7. Cornish W.R., Intellectual Property, Patterns, Copyright, Trade Marks and Allied
Rights.
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Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 SEMESTER - IX
SUBJECT: LAW RELATING TO WOMEN AND CHILDREN (HONOURS)
PAPER CODE: LH 506
Objective: The paper aims at creating awareness as to importance and role of women and
children in society through the medium of law. The course aims at making students learn
about the laws relating to women and children, how they are being empowered through the
instrument of law, and what are the lacunae which are to be discussed and dealt with.

Unit- I General Introduction

a) Status of the women and children in the society
b) Women and Indian Constitution
c) Children and Indian Constitution
d) Women, Child Welfare and International Concerned

Unit- II Law relating to Women

a) Women and Criminal Offences
b) Women and Matrimonial Offences
c) Women and Dowry Prohibition
d) Women and Domestic Violence

Unit- III Law relating to Children

a) Children and Criminal Offences
b) Child Labour
c) National Commission for Protection of Child Rights
d) Role of Judiciary and Guidelines of Supreme Court

Unit- IV Juvenile Justice and Probation of Offenders Act, 1958

a) Juvenile – Meaning, Juvenile in conflict with Law
b) Child in need of care and protection
c) Rehabilitation and Social Integration
d) Salient features of Probation of Offenders Act.

Text Books
1. Dr. Sukanta K. Nanda – Law Relating to Women and Children
2. Dr. S.C. Tripathy - Law Relating to Women and Children
3. V.K. Dewan - Law Relating to Offences against Women
4. S.R. Myneni – Women & Law
5. Bhatnagar – Law Relating to Women and their Rights
6. Shobha Saxena – Crime against Women and Protective Laws

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Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 SEMESTER - IX
SUBJECT: PROFESSIONAL ETHICS AND PROFESSIONAL
ACCOUNTING SYSTEM (CLINICAL)
PAPER CODE: LCl 507

Objective: The objectives of this module intend to socialize the law students about the great
legacy of the legal profession and their responsibilities towards Bench, Bar and to the
Administration of Justice.

Unit- I Legal Profession in India

a) Law and Legal Profession, Development of Legal Profession in India
b) Admission, Enrollment & Rights of the Advocates
c) Establishment, Organization, Power & Functions of Bar Council of
India
d) Establishment, Organization, Power & Functions of State Bar Council

Unit- II Ethics of Legal Profession

a) Meaning, Nature & Need
b) Model Code of Conduct of Lawyers & Bar Council Standard
Professional Conduct, Legal Aid
c) Professional & Other Misconduct, Authority Empowered to Punish –
Initiation, Procedure & Powers of BCI & State Bar Councils, Complaint
against Advocates and Procedure to be followed by Disciplinary
Committee
d) Punishment and the Remedies against the Order of Punishment

Unit- III Accountancy for Lawyers

a) Nature & Functions of Accountancy, Purpose of Keeping Accounts
b) Important aspects relating to Accountancy
c) Legal requirements for maintaining book of accounts
d) Accounts of Professionals

Unit- IV Bench- Bar Relations and Contempt of Court

a) Bench Bar relations – Meaning & Duties of Judges & Advocates
b) Contempt of Court – Meaning, Nature, Categories & Constitutional
validity
c) Contempt by Lawyers, Judges, State & Corporate Bodies, Contempt
Jurisdiction of Supreme Court, High Court & Subordinate Courts
d) Punishment for Contempt of Court and Remedies against order of
Punishment – Procedure, Cognizance in face of the Court, Contempt
outside the Court, Defenses in Civil & Criminal Contempt, Nature &
Extent of Punishment and Remedies

Text Books:

1. [Link]- Accountancy.

Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 2. Bhagawati, P.N., Challenges to The Legal Profession- Law and Investment In
Developing Countries.
3. G.B. Rama Reddy Practical Advocacy of Law, Gogia Law Agency, Hyd.
4. Gandhi, J.B., Sociology Of Legal Profession and Legal System
5. Gupta S.P., Professional Ethics, Accountancy for Lawyers and Bench-Bar
Relation. Central Law Agency,
6. J.P.S Sirohi, Professional Ethics, Accountancy For Lawyers & Bench Bar
Relations, Central Law Publications, Allahabad.(2015)
7. K.L. Bhatia, Socio-Legal Study of Occupational Status Of Law Graduates.
8. Kailash Rai, Professional Ethics, Accountancy For Lawyers And Bench-Bar
Relation.
9. [Link] "Sociology of Law And Legal Profession: Cross Cultural Theoretical
Perspective" 24 [Link]. 528(1982).
10. Ramachandra Jha, Selected Judgments on Professional Ethics Published By Bar
Council Of India Trust.(2012)
11. S.R. Myneni . Professional Ethics, Accountancy For Lawyers And Bench-Bar
Relation. Asia Law House (2013)
12. The Advocates Act, 1961.
13. Upendrabaxi, "The Pathology Of The India Legal Profession", 13 Ind. Bar. Rev. 455
(1986)

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Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 SEMESTER – IX
SUBJECT: MOOT COURT
PAPER CODE: LM 508
Theme and Date: The Moot Court Problem will be assigned to the students by the
Institute.
Language: The competition shall be conducted in English language only.
Eligibility: Participation in the Moot Court is Compulsory for all the students.
Team Composition: Each team shall consist of two members to be decided by the
Institute.
The students are required to submit their memorials containing the following
sections:
1. Cover Page 6. Statement of Issues
2. Table of Contents 7. Summary of Arguments
3. Index of Authorities 8. Arguments Advanced
4. Statement of Jurisdiction 9. Prayer.
5. Statement of Facts

Division of Marks: This paper will be evaluated on the basis of;

Theory(Memorial)=40 Marks; Oral Submission=60 Marks
The tentative distribution of marks for the Memorials
[Link]. CRITERIA MARKS
1. Knowledge/Presentation of Facts 5
2. Proper and Articulate Analysis 10
3 Extent and use of Research 15
4 Grammar, Coherency, Formatting and Citation of Sources 10
TOTAL 40
The Memorial should be printed on only one side on A4 size paper and as a whole the
total number of pages may be around 40 pages excluding the cover page. The petitioners’
memorial cover page shall be printed on blue colour A4 size paper, and the respondents’
memorial on red colour A4 size paper. The memorials must be printed in Times New Roman
font, font size 12 with double spacing. The footnotes must be in Time New Roman font, font size
10 with1.5 spacing. The memorials should have a margin measuring one inch on all sides of
each page. A Uniform Style of Citation should be followed in the memorial throughout.
Speaking footnotes are not allowed.

The tentative distribution of marks for the Oral Submission

[Link]. CRITERIA MARKS
1. Knowledge of Facts 10
2. Understanding of Law and Procedure 15
3. Use of Authorities and Precedents 05
4. Response to questions 10
5. Advocacy skills, Court Craft and Demeanour 10
6. Organisation of Argument 10
TOTAL 60
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Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19
 SEMESTER - IX
SUBJECT: PROJECT AND REPORT PRESENTATION
PAPER CODE: LP 509
Each Student has to prepare the project on the topic given by the concerned faculty.
It will be evaluated for 50 Marks for written project report and 50 Marks for
presentation of the report.

GUIDELINES TO PREPARE THE PROJECT

Each project shall consist of the following specifications.
1. Front Page : Front page should contain the following particulars.
(i) Title in Bold (Upper case)
(ii) Submitted by :
Name of the Student in Bold
Regd. No. (bold)
Batch (bold)
(iii) University Logo
SOA National Institute of Law (SNIL)
SOA University, Bhubaneswar
2. Inner Pages : Inner page of the project shall start with the following
specifications
(i) Declaration
(ii) Preface & Acknowledgement
(iii) Contents
a. Chapter – I : Introduction
b. Chapter – II : Legislative Provisions
c. Chapter – III : Judicial Analysis
d. Chapter – IV : Appraisal and Suggestion
e. Annexure - I : References (Bibliography)
* Each Chapter should start from a new page.
** Due references should be given in each page through footnotes.
*** Contents/Chapterization can also be modified, if necessary
3. Technical Specifications : The project should conform the following
specifications
(i) Chapter Name : Font (Times New Roman), Font Size (18) (Bold)
(ii) First Heading : Font (Times New Roman), Font Size (16) (Bold)
(iii) Second Heading : Font (Times New Roman), Font Size (14) (Bold)
(iv) Third Heading : Font (Times New Roman), Font Size (12) (Bold)
(v) Body of the text : Font (Times New Roman), Font Size (12)(Normal)
(vi) Margin : Top, Bottom, Left & Right (1”)
(vii) Paragraph Spacing : 1.15”
(viii) Text Alignment : Justified
4. Number of Pages : 50 (For LL.B students)
5. Print out (Black & White with Spiral binding)
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Syllabus - [Link].B (Hons) With effect from the Academic Session 2018-19