Professional Documents
Culture Documents
The principal objective of the course is to provide students with a good grounding in the
fundamental concepts of intellectual property rights (IPRs- as encompassing different
categories). The course adopts an integrated approach to law and policy so as to enable the
students to understand the socio-economic and political implications arising out of legal
protection in the form of IPRs, especially in the context of TRIPS Agreement and other
international commitments. Hence it is pertinent to look into the subject from a developing
country perspective, while keeping in mind the international commitments. It is also
important to look into the subject from the perspective of changing models of knowledge
creation and diffusion (especially in the digital and the biotechnology context) and to
understand what role IPRs can play in the knowledge century. The course will hence proceed
with the following specific objectives:
Understanding the nature of knowledge as a property concept and its distinction from
intellectual property.
Identifying the philosophical underpinnings of IPRs, including justifications for the
same.
Understanding the historical factors that led to the growth of different forms of IPRs,
including socio-economic and geopolitical factors that contribute to the formation of
theoretical foundations.
To identify the nature and extent of protection afforded the owners of intellectual
property.
Examining how national IPR laws are structured so as to cater to the needs and
development of economic and cultural growth of the nation in the context of the
obligations under TRIPS and in answering new international demands.
Teaching-Learning Methodology:
Evaluation Scheme:
1
Course Outline
2
the Protection of Performers, Producers of Phonograms and Broadcasting
Organizations, Phonograms Convention, TRIPS, WIPO Copyright Treaty,
WIPO Performances and Phonograms Treaty, Nature of copyright, Term of copyright
Neighbouring rights, Performers rights, Broadcast reproduction rights
Expression v Idea dichotomy, Subject matters of copyright
Ownership of copyright, Economic rights and Moral rights
Transfer of Ownership
Assignments
Copyright Registration
Copyright society
Infringement
Interface between Copyright and Designs
The Paris Convention , The Hague Agreement, The Locarno Agreement, The TRIPs
Agreement
Registration, Cancellation, Piracy of design, Assignments and Transfer
Remedies for infringement
Defenses
Case studies
Module 5: Protection of Plant Varieties and Farmers Rights and Biological Diversity
3
Objectives and rights
Regulation of access to biological diversity
National Biodiversity Authority
Determination of equitable benefit sharing
State Biodiversity Board
CBD and WIPO initiatives for protection of Traditional knowledge, Genetic
Resources
Case Studies
Books:
4
Articles:
4. Hazel Carty, Dilution and Passing-off: Cause for Confusion (1996) 112
LQR 633
5. Kern Alexander, The Mareva Injunction and Anton Piller Order: The
Nuclear Weapons of English Commercial Litigation, 11 Florida Journal
of International Law
5
http://www.ictsd.org/pubs/ictsd_series/iprs/CS_reichman_hasenzahl.pdf.
19. Madelaine Berg, Moral Rights and the Compulsory License of Phone
records 12 IPLR 411 (1980)
6
NBER Working Paper #2769, November 1988
39. Giovanni B. Ramello, Access to vs. exclusion from knowledge:
Intellectual property, efficiency and social justice Working Paper n.100,
November 2007, Department of Public Policy and Public Choice POLIS,
Available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1031884
40. Peter Menell, Intellectual Property and the Property Rights Movement,
Regulation, Vol. 30, No. 3, Fall 2007 UC Berkeley Public Law Research
Paper No. 1000061
41. Justin Hughes, The Philosophy of Intellectual Property, 77 Geo. J. L.
(1988)
42. Edwin C. Hettinger, Justifying Intellectual Property, Philosophy and
Public Affairs, Vol. 18, No. 1. (winter 1989), pp. 31-52.
43. Stanley M Besan and Raskind, An Introduction to Law and Economics of
Intellectual Property The Journal of Economic Perspectives, Vol. 5 No. 1
(Winter 1991), 3-27
44. Ciro, The Scarcity of Intellectual Property, 2005 (1) The Journal of
Information, Law and Technology (JILT).
<http://www2.warwick.ac.uk/fac/soc/law2/elj/jilt/2005_1/ciro/>
Case List
Recent Cases
1. AKUATE INTERNET SERVICES PVT. LTD. & ANR v STAR INDIA PVT. LTD.
& ANR. [FAO(OS) 153/2013, CM APPL. 4665/2013]
2. M/s. BDR Pharmaceuticals International Pvt. Ltd. V M/s. Bristol Myers Squibb
Company [C.L.A. No. 1 of 2013]
4. INDIAN HERITAGE SOCIETY & ANR v MEHER MALHOTRA & ANR [CS(OS)
2717/2011 and IA Nos. 17445/2011, 17787/2011 & 15091/2012]
7. Novartis Ag v Union Of India & Ors [CIVIL APPEAL Nos. 2706-2716 OF 2013
(ARISING OUT OF SLP(C) Nos. 20539-20549 OF 2009) ]
8. M/s. Shreedhar Milk Foods Pvt. Ltd. V Mr. Vikas Tyagi & Othrs
[ORA/7/2012/TM/DEL]
9. Satnam Overseas v Sant Ram & Co.& Anr [CIVIL APPEAL NO. 10528 OF 2013
(Special Leave Petition (Civil) No.15496 of 2007)]
7
Plant Variety Case
1. Emergent Genetics India Pvt. Ltd. V Shailendra Shivam and Ors. [I.A. Nos. 388,
1267 and 1268/2004 in CS(OS) 50/2004]
8
Trade Mark cases
1. Abercrombie and Fitch Co. v. Hunting World, Inc[537, F.2d 4, 189 U.S.P.Q. 759,769
(2d Cir. 1976)
2. Amritdhara Pharmacy v Satya Deo Gupta, Air 1963 SC 449
3. Yorkshire Copper works v Registrar(1954) 1 A11 ER 570
4. F Hoffman v Geoffery Manners Air 1970 SC2062
5. Parker knoll v Knoll International 1962 RPC 265
6. Philips Electronics NV v Remington Consumer Products Ltd (1999) RPC 809
7. Cladia Health Care Ltd v Cladia Pharmaceutical Ltd Air 2001 SC 1952
8. Cinna Krishna Chettiar v Sri Ambal AIR 1979 SC 146
Domain names
13. Yahoo Inc V Aksh Arora (78) DLT 285
14. Satyam Infoway v Sify Net Solution AIR 2004 SC 3540
Comparative Advertising
15. Paras Pharmaceuticals Ltd v Ranbaxy Laboratories Ltd and 2 ors IR2008 Guj 94
16. Reckit Benckiser (India) Ltd v Hindustan Lever Ltd manu/de/0967/2008
17. Pepsi Co. INC and Ors. V Hindustan Cocal Cola Ltd and anr. Manu/DE/0896/2003
18. Dabur India Ltd v Colgate Palmolive India Ltd Manu/ DE/0657/2004
Well Known TM
19. Loreal SA v Bellure NV (2006) EWHC 2355 (Ch); (2007) RPC 14; (2006) 29(10)
IPD 29074
20. Loreal SA v Bellure NV C- 487/07 (ECJ)(2009)A11 ER (D) 225 (Jun)
Copyright Cases
9
Functionality:
5. Mazer v Stein (347 US 201)
Doctrine of Merger
6. Kay Berry v Taylor Gifts Inc. (421 F.3d 199)
7. EAGLE SERVICES CORP. v. H2O INDUSTRIAL SERVICES, INC., et al. (07-
1997)
Originality
8. Walter v Lane [(1900) AC 539]
9. University of London Press, Limited v University Tutorial Press , Limited [(1916) 2
Ch. 601]
10. Feist Publication inc. v Rural Telephone Service Company Inc. (499 US 340)
11. Eastern Book Company and Others v D. B. Modak and Anr. [2008 (1) SCC 1]
12. Ladbroke (Football) Limited v William Hill (Football) Limited [(1964) 1 All ER 465]
Fixation
13. Tate v Fullbrook [(1908) 1 KB 821]
Authorship-Ownership
19. VT Thomas v Malyalam Manorama (AIR 1989 Ker 49)
Economic Rights
20. UMG Recordings v MP3 (92 F.Supp.2d 349)
Fair Use
21. Perfect 10 Inc. v Amazon.com Inc. (487 F.3d 701)
Secondary Liability
22. Sony Corp of America v Universal City Studios (464 US 417)
23. A&M Records Inc. v Napster Inc. [239 F.3d 1004 (9th Cir. 2001)]
24. In re: Aimster Copyright Litigation [334 F.3d 643 (7th Cir. 2003)]
25. MGM Studios Inc v Grokster Ltd. [125 S. Ct. 2764 (2005)]
Moral Rights
26. Amar Nath Sehgal v Union of India & Anr. [117 (2005) DLT 717]
10
Test for Infringement
27. Nichols v Universal Pictures 45 F.2d 119
28. Roth Greeting Cards v United & Co. (429 F.2d 1106)
29. Computer Associates v Altai [982 F.2d 693 (2nd Cir. 1992)]
30. Warner Bros. Entertainment Inc & Ors. v Mr. Santosh V. G. [CS (OS) No.
1682/2006]
Patent Cases
Novelty
5. Continental Can Co. USA v. Monsanto, 948 F.2D 1264 (Fed. Cir. 1991)
Non-obviouness
6. Graham v. John Deere, 383 U. S. 1
7. KSR v Teleflex, 127 S. CT. 1727
8. Windsurfing International v. Tabur Marine, (1985) RPC 59, CA
Patent Linkage
17. Bayer Corporation and Ors. v. Union of India and Others. (LPA 443/2009)
Project Topics:
1. Protection of lay out design for Integrated Circuits : comparative study of US and
Indian Laws
2. Exhaustion of rights and parallel imports : a study of European position
3. Copyright protection for the computer programs : issues and concerns
11
4. Madrid Agreement and Protocol towards harmonization of trademark law
5. Access and benefit sharing mechanism with respect to use of genetic resources :
international and national trend
6. Need for law on data exclusivity in India
7. Digital rights management and copyright law
8. Protection of literary characters scope of distinct delineation test
9. Sony to Grokster : law relation to contributory infringement
10. Evaluation of the test of originality comparative analysis
11. Copyright societies and authors of copyrighted work
12. International trends relating to disclouser of (biological resource) requirement under
patent law
13. Extend to use of TKDL in Patent Offices trends and concerns
14. Development of the criteria of Novelty in UK,US and India for determining
patentability
15. Clear and complete disclosures/sufficiency of disclosure in patent specification
16. Critique on Novartis case (HC & IPAB)
17. of medical method and medical devices : a study of US and Indian position
18. A critical analysis of the development of the non-obviousness criteria for grant of
patent in US
19. Impact of Bolar Exception on the rights of the patentee
20. Resolving the issue of non-obviousness in respect of biotechnological Inventions
21. Patenting of living organisms : policy issues and concerns
22. Impact of product patent regime on access to medicine
23. Critical review of the principles for determining the infringement of patents UK and
India
24. Issues of intellectual property in bio-informatics
25. Google projects and copyright-conflicts or fair use?
26. A study on compulsory licensing under copyright law
27. Dead Sea Scrolls case a critique
28. Trademark infringement and comparative advertising: position in US, UK and India
29. Copyright and free speech overlap
30. Trademark protection for sound, fragrance and shape : a comparative study
31. Principles of claim construction under law of patents
32. Work of artistic craftsmanship A critique
33. Safe harbour protection for internet service provider in US and India
34. Access by persons with disability to the copyrighted works international and
national trends
35. Analysis of the issues relating to patenting of computer software: A comparative
study
36. Judicial response to the determination of the acquisition of secondary meaning for
trademark protection: Study of US & Indian position
37. A study of the role of WTO dispute settlement mechanism in resolving IP issues
38. Authorship & ownership in respect of cinematograph work
39. Data protection in EU & UK: Need for a sui generis legislation in India
40. Copyright issues in application software/ customized software
41. Authors special rights: A comparative study
42. Economic analysis of intellectual property rights
43. Anti-circumvention laws: Need for Indian law on lines with DMCA of US
44. Critique on grant of GI status for Mysore silk, Alfanso mango, Tirupathi laddu
45. Intellectual Property rights and outer space
12
46. Flexibilities under TRIPS favouring developing countries
47. WIPO-IGC initiatives for protection of TK and TCE extent of application in India
48. Interface between IP and Competition policy: Safeguards against anti-competitive
activities of IP owners
49. Critique on Bilsky case
50. Gene patent Justify
51. Parody can get fair use from copyright Justify
52. Natco v Bayer case Critical analysis
53. Apple Samsung design patent case A critical analysis
54. Relation between fashion and IPR
55. Holistic approach for philosophy of IPR
56. Impact of bilateral / multilateral agreement or free trade agreement on IPR
13
SUBJECT: INTERPRETATION OF STATUTES
FACULTY: Dr. AJAY Kr. SHARMA
Objective of the course: The same words and phrases are capable of referring to different
referents in different context and times, thereby requiring their interpretation. Apart from the
other categories of interpreters, the Courts and we as Lawyers assisting them are required to
interpret statutes with a view to ascertain the legal meaning of the enactments both, as their
maker sought to give them and also from the standpoint of the purpose it is meant to
accomplish. For enforcement of law, the courts whilst performing the function of
adjudication, as its central feature, have the need to interpret statutes. Due to the separation of
powers, the courts ordinarily claim that they merely interpret legislations for inter alia
making them effective and workable, and do not judicially legislate. For the avowed
purposes, the courts have evolved certain recognized principles of statutory interpretation,
lending some certainty in this respect. The doctrine of precedent wherever applicable
strengthens this aspect further. The judgments however should themselves be subjected to
careful scrutiny to appreciate their contributions and infirmities.
The objective of the present course is to make the students acutely aware of the
extremely thought provoking techniques used in statutory interpretation, and acquainting
them with the established principles used in statutory interpretation thus, attempting to make
them the masters of these tools and not their slaves.
Lecture Method
Interpretative Problems Solving.
Case Law Method
Class Discussions
Project
Evaluation Scheme:
14
COURSE OUTLINE
Readings:
15
12. Upendra Baxi, On the Problematic Distinction between Legislation
and Adjudication: A Forgotten Aspect of Dominance, 12 Delhi Law
Review 3 (1990).
13. Upendra Baxi, On Being an Activist Judge Not Just an Active One,
available at:
http://upendrabaxi.in/documents/On%20being%20an%20activist%20j
udge%20not%20just%20an%20active%20one.pdf
Cases [Highlighting, inter alia, generally, the nature of adjudicative function and the
limitations placed on the power of courts while interpreting statutes]:
1. Attar Singh v. Inder Kumar, A.I.R. 1967 S.C. 773 and Joginder Pal v.
Naval Kishore Behal, (2002) 5 SCC 397
2. Attorney General v. HRH Prince Ernest Augustus of Hanover, (1957) 1
ALL ER 49: [For Preamble also]
3. International Airport Employees Union v. Intl. Airports Authority of
India, (2001) 1 SCC 205
4. Kailash Chandra v. Mukundi Lal, (2002) 2 SCC 678
5. Mangoo Singh v. Election Tribunal, A.I.R. 1957 S.C. 871
6. Municipal Corpn. of Hyderabad v. P.N. Murthy, (1987) 1 SCC 568
7. Padma Sunder Rao v. State of T.N., (2002) 3 SCC 533: [Reading Statutes
as a whole, and Casus Omissus]
8. R v. Secretary of State for the Environment, Transport and the Regions,
(2001) 33 H.L.R. 31: [Intention of the Legislature]
16
Cases:
Internal Aids
External Aids
Legislative Guidance for Interpretation: General Clauses Act, 1897
17
Readings:
Report:
60th Report of the Law Commission of India on: The General Clauses Act,
1897, available at:http://lawcommissionofindia.nic.in/51-100/report60.pdf
Cases:
1. Chandra Kishore Jha v. Mahavir Prasad, AIR 1999 SC 3558 [S.10 of the
General Clauses Act, 1897]
2. Doypack Systems Pvt. Ltd. v. Union of India, (1988) 2 SCC 299:
[Parliamentary History/Statement of Objects and Reasons/Preamble]
3. Dr Ramesh Yeshwant Prabhoo v. Prabhakar Kashinath Kunte, (1996) 1
SCC 130: [Parliamentary History]
18
4. Employees State Insurance Corporation v. Tata Engineering &
Locomotive Co. Ltd., (1975) 2 SCC 835: [Dictionaries]
5. Hariprasad Shivshankar Shukla v. A.D. Divelkar, AIR 1957 SC 121 and
Punjab Land Development and Reclamation Corporation Ltd.,
Chandigarh v. Presiding Officer, Labour Court, Chandigarh, (1990) 3
SCC 682: [Definition Sections]
6. K.P. Varghese v. Income Tax Officer, Ernakulam, (1981) 4 SCC 173:
[Heading]
7. Raj Kumar Yadav v. Samir Kumar Mahaseth, (2005) 3 SCC 601 [S.10 of
the General Clauses Act, 1897]
8. M/s. Surana Steels Pvt. Ltd. v. Dy. Commissioner of Income Tax, (1999) 4
SCC 306: [Parliamentary History]
9. Mohd. Shabbir v. State of Maharashtra, AIR 1979 SC 564: [Punctuation]
10. Pepper v. Hart, (1993) 1 All ER 42: [Parliamentary History: U.K.]
11. P.V. Narsimha Rao v. State (CBI/SPE), (1998) 4 SCC 626: [Parliamentary
History]
12. Sarabjit Rick Singh v. Union of India, (2008) 2 SCC 417: [Heading]
13. Sundaram Pillai v. Pattabiraman, (1985) 1 SCC 591: [Explanation and
Proviso]
Readings:
19
Cases:
Penal Statutes
Fiscal Statutes / Taxing Statutes
Remedial and Social Welfare Statutes.
Delegated Legislation
Readings:
Cases:
20
7. Union of India v. Azadi Bachao Andolan, AIR 2004 SC 1107: [Fiscal
Statutes]
8. Vodafone International Holdings B.V. v. Union of India, 2012 (1) SCALE
530: [Fiscal Statutes]
Commencement
Retrospective Operation
Expiry and Repeal of Statutes
Extent of value of repealed statutes in the interpretation.
Readings:
Cases:
1. Delhi Cloth and General Mills Co. Ltd. v. CIT Delhi, A.I.R. 1927 PC 242:
[Retrospective Operation]
2. Jethanand v. State of Delhi, AIR 1960 SC 89: [S.6-A of the General
Clauses Act, 1897]
3. Rayala Corporation v. Director of Enforcement, A.I.R. 1970 S.C. 494:
[Expiry of Temporary Statutes]
4. State of U.P. v. Jagmanderdas, A.I.R. 1954 S.C. 683: [Expiry of
Temporary Statutes].
Books:
21
4. Andrew Goodman, How Judges Decide Cases: Reading, Writing and Analysing
Judgments, (2nd Ind. Reprint, 2009)
5. William Twining and David Miers, How to do things with Rules, (5th ed. 2010,
Cambridge)
Articles:
Important Remarks:
1. The List of Cases is merely indicative. During the course of instruction other cases
omitted from this curriculum may be discussed, while some of the cases included
herein may not be dealt with by the teacher concerned. However, the students are
expected, inter alia, to study all the judgments mentioned in this course curriculum;
and keep on enhancing and updating their knowledge of the case law pertaining to the
subject.
2. The reading materials and articles mentioned herein are not exhaustive, and merely
preliminary and suggestive. References to the pertinent portions of the reading
material, articles etc. for suggested reading for each module, which may be different
from the one provided herein, may be communicated to the class on need to know
basis. Additional reading materials suggested herein would be useful for enhancing
your knowledge.
3. Some additional topics, not expressly mentioned herein, may be dealt with while
teaching, whilst some topics mentioned herein may not be taught/discussed. The
principal faculty reserves the right to modify, amend or rescind any of the contents,
terms and conditions, provided in this curriculum.
4. The list of Project topics would be communicated to the class after the
commencement of the academic session.
22
SUBJECT: PUBLIC INTERNATIONAL LAW
FACULTY: MR. ASHUTOSH ACHARYA
23
COURSE OUTLINE
MODULE I:
Recommended Readings:
1. Ian Brownlie, Principles of Public International Law 5th Edition, Oxford University
Press, 1998
2. Malcolm N Shaw, "International Law", 7th Edition, Cambridge University Press,
Cambridge, 2014. (Chapters 1 and 2)
3. D J. Harris, Cases and Materials on International Law 7th Edition, Sweet & Maxwell,
2010 (Chapter 1)
4. Sir Robert Jennings and Sir Arthur Watts, Oppenheim's International Law, Volumes
1 and 2, 9th Edition, Universal Law Publishing Company Private Limited, New Delhi,
First Indian Reprint 2003 (Chapter 1)
5. Antonio Cassese, "International Law," Oxford University Press, Oxford, 1st Edition,
2001 (Chapter 1 and 2)
6. J G Starke, "International Law", 11th Edition, Aditya Books/Butterworth's
Publications, London, 2003 (Chapter 1)
7. R.P. Anand, International Law and Developing Countries: Confrontation or
Cooperation? Martinus Nijhoff Publishers 1987
8. Blackboard/ discussion /Class notes
Articles:
1. Franck, Thomas (2006), The Power of Legitimacy and the Legitimacy of Power:
International Law in an Age of Power Disequilibrium, American Journal of
24
International Law, 100: 88
2. Andrew T Guzman (2008), How International Law Works: A Rational Choice
Theory, Oxford University Press: New York
3. Anghie A (2006), "The Evolution of International Law: Colonial and Post Colonial
Realities," Third World Quarterly 27: 739
4. Charlesworth H (1999), Feminist Methods in International Law, American Journal
of International Law, 93: 379-394
5. Chimni B S (2004), International Institutions Today: An Imperial Global State in the
Making, European Journal of International Law, 15(1): 1-37.
6. Chimni B S (2010), Prolegomena to a Class Approach to International Law, The
European Journal of International Law, 21(1): 57-82.
7. Chimni B S (2010), International Law Scholarship in Post Colonial India: Coping
with Dualism, Leiden Journal of International Law, 23: 23-51.
8. Gathii, James Thuo (1998), International Law and Eurocentricity, European
Journal of International Law, 9: 184
9. Baxi, Upendra (2006) What May the Third World Expect from International Law?
Third World Quarterly 27: 713-725
10. Makau W. Mutua, What is TWAIL? American Society of International Law,
Proceedings of the 94th Annual Meeting, pp. 31-39, 2000
Readings:
1. Malcolm N Shaw, International Law, 7th Edition, Cambridge University Press,
Cambridge, 2014. (Chapters 19)
2. D J. Harris, Cases and Materials on International Law, 7th Edition, Sweet & Maxwell,
2010 (Chapter 12)
3. Blackboard /discussion /Class notes
25
5. Judicial Decisions and Writings, ILC
Unilateral Acts of States, General Assembly Resolutions- legal effects
6. Codification and Progressive Development of International Law
Soft law, Jus Cogens
Recommended Readings:
1. Malcolm N Shaw, International Law, 7th Edition, Cambridge University Press,
Cambridge, 2014. (Chapters 3)
2. D J. Harris, Cases and Materials on International Law, 7th Edition, Sweet & Maxwell,
2010 (Chapter 2)
3. Martin Dixon, "International Law", Universal Law house, New Delhi, 4th Edition, 2nd
Indian Reprint, 2001 (Chapter 2 & 3)
4. Ian Brownlie, "Principles of Public International Law", Oxford University Press,
Oxford, 6th Indian Edition, 2004 (Chapter 2 & 3)
5. Antonia Cassese, "International Law", Oxford University Press, Oxford, 1st Edition,
2001 (Chapter 3 & 4)
6. Blackboard /discussion /Class notes
Articles:
1. P. Weil, Towards Relative Normativity in International Law?, 77 AJIL, 1983, p. 413
2. M S. Mc.Dougal and W M. Reisman, The Prescribing Function: How International Law
is Made, 6 Yale Studies in World Public Order, 1980, p. 249
3. M. Akehurst, Custom as a Source of International Law 47 BYIL, 1974 (5), p.1
4. J. Kunz, The Nature of Customary International Law, 47 AJIL (1953), p. 662
Cases to Study:
1. Case concerning the right of passage over Indian territory Case India v Portugal (1960)
ICJ 6
2. The Paquete Habana (1899) 115 US 677
3. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United
States) (Provisional Measures) ICJ Rep 1984, P 169; (Merits) ICJ Rep 1986 P 1
26
4. Incorporation of International Law in India
-CIL, Treaty Law
Recommended Readings:
1. Malcolm N Shaw, International Law, 7th Edition, Cambridge University Press,
Cambridge, 2014. (Chapters 3)
2. D J. Harris, Cases and Materials on International Law, 7th Edition, Sweet & Maxwell,
2010 (Chapter 3)
3. Blackboard /discussion /Class notes
Articles:
1. Hegde V G (2010), Indian Courts and International Law, Leiden Journal of
International Law, 23: 53-77
2. D. Feldman, Monism, Dualism and Constitutional Legitimacy, 20 Australian YIL
1999, p. 105
Cases to study:
1. Luther Co v James Sagar and Co (1921) 3 KB 532
2. Spain v Owners of Arantzasu Mendi (1939) A C 256
3. West Rand Central Gold Mining Company Limited v The King (1905) 2 KB 391
4. Civil Air Transport Inc v Central Air Transport Corporation [1953] AC 70
Recommended Readings:
1. Malcolm N Shaw, International Law, 7th Edition, Cambridge University Press,
Cambridge, 2014. (Chapters 5)
2. D J. Harris, Cases and Materials on International Law, 7th Edition, Sweet & Maxwell,
2010 (Chapter 4)
3. Blackboard /discussion /Class notes
27
Suggested Additional Readings
Books:
1. A. Cassese, Self Determination of Peoples, Cambridge 1995
Articles:
1. N. Schrijver, The Changing Nature of State Sovereignty, 70 BYIL 1999 p.65
2. M. Koskenniemi, National Self-Determination and the Evolving Right of Self
Determination, 47 ICLQ, 1998 p. 537
Cases to Study:
1. German Settlers in Poland PCIJ Series B, Advisory Opinion No 6
2. Jurisdiction of the Courts of Danzig (1928) PCD, Series B No 15
3. Mavromattis Palestine concessions Case (Jurisdiction) PCIJ Series A, No 2 (1924),
(Merits) PCIJ Series A No 5, (1925)
4. Island of Palmas Case (Netherlands v US) (1928) 2 RIAA 829
5. Western Sahara Case Advisory Opinion ICJ Reports 1975 P 12
6. Reparations for Injuries suffered in the Service of the United nations (1949) ICJ 174
7. Certain expenses of the United Nations Case ICJ Rep 1962 P 151
MODULE 6: RECOGNITION
1. Recognition of States and Governments, Theories of Recognition
2. UK Practice, US Practice and India
3. Legal effects of Recognition
4. Defacto and Dejure recognition, Recognition of Insurgency & belligerency
5. Implied, conditional, collective and withdrawal of recognition
Readings:
1. Malcolm N Shaw, International Law, 7th Edition, Cambridge University Press,
Cambridge, 2014. (Chapters 8 )
2. D J. Harris, Cases and Materials on International Law, 7th Edition, Sweet & Maxwell,
2010 (Chapter 4)
3. Blackboard /discussion /Class notes
Articles:
1. S. D. Murphy, Democratic Legitimacy and the Recognition of States and Governments,
48 ICLQ, 1999. P.545
Cases to study:
28
(Merits) PCIJ Series A No 5, (1925)
Recommended Readings:
1. ILC Commentary on Draft Articles (2001)
2. Malcolm N Shaw, International Law, 7th Edition, Cambridge University Press,
Cambridge, 2014. (Chapters 14)
3. D J. Harris, Cases and Materials on International Law, 7th Edition, Sweet & Maxwell,
2010 (Chapter 8)
4. Blackboard /discussion /Class notes
Cases to study:
1. Nuclear Test Cases (Interim Protection) (ICJ Rep 1973 99); (Judgment) (1974) ICJ
253
2. Rainbow Warrior Arbitration (New Zealand v France) 1990 20 R.I.A.A.A 217
Recommended Readings:
1. Malcolm N Shaw, International Law, 7th Edition, Cambridge University Press,
Cambridge, 2014. (Chapters 16)
2. D J. Harris, Cases and Materials on International Law, 7th Edition, Sweet & Maxwell,
2010 (Chapter 10)
3. Blackboard /discussion /Class notes
Cases to Study:
1. North Sea Continental Shelf Case 1969 (ICJ) 6
2. Case Concerning Maritime Delimitation and Territorial Questions (Qatar v Bahrain)
ICJ Reports 1994, 112
29
3. Reservations to Genocide Convention ICJ Reports (1951) 15
4. Fisheries Jurisdiction Case (United Kingdom v Iceland) ICJ Reports (1973) 3
Important International Legal Materials for Reference: (non-exhaustive)
1. Charter of the United Nations 1945
2. Statute of the International Court of Justice 1945
3. Vienna Convention on Law of Treaties 1969
4. Articles on State Responsibility 2003
5. Universal Declaration on Human Rights 1948
6. International Covenant on Civil and Political Rights 1966
7. International Covenant on Social, Economic, Cultural Rights 1966
List of Cases:
1. Columbia v. Peru (Asylum case) ICJ Rep 1950 p.266
2. Minquiers and Ecrehos Case (Judgment) ICJ Rep 1953 p 47
3. Island of Palmas Case (Netherlands v US) (1928) 2 RIAA 829
4. Clipperton Island Case (France v Mexico) (1931) (1936) 26 AJIL 390
5. Western Sahara Case Advisory Opinion ICJ Reports 1975 P 12
6. Kuwait v American Independent Oil Co. (1982) 21 ILM 976 (Aminoil Case)
7. Nationality Decrees in Tunis and Moracco Case, PCIJ Rep Series B No 4, (1923)
8. The Tinoco Claims Arbitration Case (1923) I Rep IAA 369
9. B P Arbitration Case (1974) 53 ILR 297
10. Amoco International Finance v Iran 15 Iran-US, CTR 189
11. Barcelona Traction Power and Light Company Case (Preliminary Objections) ICJ Rep
1964 p 44, Final Verdict (1970) ICJ 3
12. Haile Selassie v Cable and Wireless Limited No. 2 (1939) Ch. 182 CA
13. I 'm Alone Case (1933-1935) 3 R.I.A.A 1609
14. Nuclear Test Cases (Interim Protection) (ICJ Rep 1973 99); (Judgment) (1974) ICJ
253
15. Owners of the Phillippine Admiral v Wallem Shipping (Hong Kong) Limited (The
Phillippine Admiral); Telfair Shipping corporation v Owners of the Ship Phillippine
Admiral (1977) A C 373 PC
16. Questions of Interpretation and Application of the 1971 Montreal Convention Arising
from the Aerial Incident at Lockerbie (Provisional Measures) (Libyan Arab
Jamahiriya v United Kingdom) Case 1992 ICJ 3 (Provisional Measures) (Libyan Arab
Jamahiriya v United States) ICJ Rep 1992 P 234
17. R v Bow Street Metropolitan Stipendiary Magistrate Ex P Pinochet Ugarte (No.3) 2000)
1 A C 147
18. Rahimtoola v Nizam of Hyderabad; sub nom. Nizam of Hyderabad v Jung (1958) AC
379
19. Rainbow Warrior Arbitration (New Zealand v France) 1990 20 R.I.A.A.A 217
20. Rann of Kutch Case (1968) 7 ILM 633
21. Thai-Europe Tapioca Service Limited v Pakistan Directorate of Agricultural 'Sulies
(The Harmattan) (1975)3 All E R 961 CA
22. Trail Smelter Arbitration (1938, 1941) 3 R.I.A.A. 1905
23. Trendtex Trading Corporation v Central Bank of Nigeria [1977] Q.B. 529
24. International Status of South West Africa (1950) ICJ 79
25. Legal Consequences for States of the Continued Presence of South Africa in Namibia
ICJ Reports 1971 P 16
30
26. Robert E Brown Case (1923) 6 RIAA 120
27. Application of Convention on the Prevention and Punishment of the Crime of
Genocide (Bosnia and Herzegovina v Yugoslavia), ICJ Reports 1997 P 2
28. North Sea Continental Shelf Case 1969 (ICJ) 6
29. Case concerning the Land and maritime Boundary between Cameron and Nigeria,
Judgment of 10 October 2002, Para 263
30. Aegian Sea Continental Shelf Case, ICJ Reports (197) 3 at 38-44
31. Case Concerning Maritime Delimitation and Territorial Questions (Qatar v Bahrain)
ICJ Reports 1994, 112
32. Reservations to Genocide Convention ICJ Reports (1951) 15
33. Anglo French Continental Shelf Arbitration ILR 54
34. Asian Agricultural Products Limited v Republic of Sri Lanka ILR 106, 406
35. Fisheries Jurisdiction Case (United Kingdom v Iceland) ICJ Reports (1973) 3
36. Competence of the General Assembly for the Admission of a State to the United Nations
(1950) ICJ 4
37. Conditions of Admission of a State to membership in the United Nations ICJ Rep
1948P57
31
Suggested Project Work Topics
1. Fragmentation of international law: difficulties arising from the diversification and
expansion of international law
2. Unilateral acts of States: Recent work of the International Law Commission
3. Non- state Actors in Terrorism and responsibilities of Sovereign States- The case of Mumbai
Terror Attacks ( 26/11)
4. Before and after: Changed UN Response to Terrorism since September 11th
5. Climate-Change and International Law: The Politics of Creating new markets from Green
Technologies
6. Relationship and implications of the Jurisdiction of the International Criminal Court
under Rome Statute 1998 with the National Criminal Jurisdictions.
7. India-Italy Marines Case: International Legal Issues
8. Rights of Indigenous communities under International Law
9. Responsibility for Human Rights, Labor Relations, and the Environment in
Developing Nations: Need for Higher International Labor Standards.
10. Introduction of Core Labour Standards within the WTO- Problems for International
Law
11. Nuclear Disarmament and International Law
12. Effects of armed conflicts on treaties
13. Importance and Significance of the Rule of Reciprocity in International Law.
14. Before and after: Changed UN Response to Terrorism since September 11th.
15. Scope of Trafficking of Child Soldiers: Need for expansion of the United Nations
Convention on the Rights of the Child and its Optional Protocol on the Involvement
of Children in Armed Conflict.
16. Study of the existing gaps and different alternatives in Conventions relating to
Prevention of Terrorism.
17. Critical analysis of Preemptive Defense and International Law with special reference
to the Legality of Use of Force against Iraq.
18. Prospects of the Future for the UN Charter System with special reference to the
prevention of war.
19. Critical evaluation of the Kosovo Crisis and international dimensions of right to
return.
20. Critical evaluation of the effective of the UN Human Rights Institutions in the light
of reservations to Human Rights Treaties.
21. Right to Self Determination and rights of indigenous people under International Law
22. 1978 Amnesty Law and International Treaties
23. Role and contribution of International Non Governmental Organizations to the
development of International Humanitarian Law
24. Implications of the excess commercialization of Outer Space and Development of
International Law
25. Critical Analysis of the Case Concerning Avena and other Mexican Nationals
Mexico/United States of America), March 31, 2004
26. Land-locked and Geographically Disadvantaged States and the International Law of
the Sea
27. Contribution of the Nuremberg Principles to the development of International
Humanitarian Law
28. Prisoners of War and international law relating to armed conflicts: A contemporary
analysis
29. Use offer force, Self Defense and State practice since 1990
32
30. Study of the States Practice and their implications in the Imposition of Economic
Sanctions for the enforcement of Human Rights
31. International Law as "law': Is there really 'law' in international affairs?
32. Study of the Rule of Proportionality and force in international law
33. Critical evaluation of State responsibility for environmental pollution in international
law
34. Control of biological weapons and international law
35. Terrorism and Human Rights: Use of Force as a response to terrorism.
36. TRIPS-CBD Relationship: Has International Law Failed to Endorse the Gap?
37. Right and Duties of Neutral Nations in International Law
38. Scope of the Jurisprudential contribution of the International Tribunals in Former
Yugoslavia & Rwanda with special reference to Genocide
39. Scope of the right to Apply for Political Asylum and International Law
40. International Humanitarian Law and Consular Protection in the Context of Criminal
Justice
41. Universality Principle and the Responsibility to Enforce International Law
42. Critical evaluation o/the theory, practices and realities of International Trade in
Endangered Species
43. Enforcement of the decisions of ICJ and the efficacy of the UN Dispute Settlement
Mechanism
44. Critical evaluation of the contribution of the Resolution of General Assembly
Resolutions and their contribution to international law
45. International Criminal Extradition and International Diplomacy
46. International Law and need for reconceptualisation of State Sovereignty in the 21st
Century - A Critique
47. Critical evaluation of the role of the United Nations Security Council in the
development of International Law
48. Comparative analysis of National Approaches to the Incorporation of International
Law in Municipal Law
49. Case Study of State Succession, International Law and the role of the United Nations
50. Human Rights of Aliens in International Law
51. Regulation of Statelessness under International Law
52. International Economic Cooperation and the World Trade Organization.
53. State Responsibility and International Crimes: Further Reflections on Article 19 of
the Draft Articles on State Responsibility
54. Individual Responsibility for assisting the Nazis in Persecuting Civilians
55. Nuremberg Principles and Command Responsibility
56. Recognition of States and Diplomatic Relations
57. Locus Standi of Unrecognized States and Governments and status of claims before
Domestic Courts and States Practices
58. Admission of new states to International Community: Procedural Challenge and
implications: A Case Study
59. Right of Self Determination and International Implications
60. Modern concept of State sovereignty and State hood and Recognition: Case Studies
61. International implications of Recognition of Governments in Exile: A Case Study
62. Extent to which existence of democratic institutions or consent of populace are
relevant factors for aspiring new State or government to be recognized by other
States.
63. Changing Face of Recognition of States in International Law: A Case Study of Tibet
64. State Succession and Conceptual Problems
33
65. International Law and State Succession in relation to Human Rights Treaties: A Case
Study
66. Political-Offence exception: Reconciling the tension between Human Rights
Protection and International Public Order - A Critique
67. Standing to allege violations of the Doctrine of Specialty: An examination of the
relationship between the individual and the sovereign
68. Legality of extraterritorial abduction in lieu of extradition
69. Principle of Specialty: A bifurcated analysis of the rights of the accused
70. Status and rights of Refugees under International law: New Issues
71. Political Offence- Exception to Extradition: From inception to modern terrorism
Emerging trends
72. Oil and International Law: the Geopolitical Significance of Petroleum Corporations -
Oil Corporations and International Law
73. Freedom of Navigation and Right of Innocent Passage in International law: A Case
Study
74. State Responsibility for International Wrongs and new Developments
75. Newly Independent and Separating States and Succession to Multilateral Treaties
76. 1978 Vienna Convention on Success of States in respected of Treaties: An
inadequate response to the issue of State Succession- A Critical Study
77. State Succession and Statelessness: The emerging right to an effective Nationality
under International Law
78. Scope of Privileges and Immunities of International Criminal Court
79. Developments in relation to Jurisdictional Immunity to foreign diplomatic and
consular personnel
80. Diplomatic Immunities and National Judicial Responses - A Case Study
81. Status of Diplomatic bag in International Law
82. Reservations to multilateral treaties and contemporary developments
83. Critical analysis of the Vienna Convention on Law of Treaties and Reservations
84. Reservations to Human Rights Treaties and International Developments
85. A Critical Study of the implications of Reservations to CEDAW and CRC
86. Impact of Peremptory Norms of International Law on the Interpretation and
Application of the United Nations Security Council Resolutions
87. Prohibition of Torture as an International Norm of Jus Cogens and the implications
for National and Customary law
88. Contribution of the ICJ to the development of Jus Cogens
89. Prohibition of Rape in IHL as Jus Cogens and implications
90. Good Faith in application and interpretation of Double Taxation Agreements
91. Can International Law Set Binding Limits against an IP maximalist Agenda?
92. The law of the Sea and the Gulf oil spill: Legal response
93. International Law and Municipal Law: How treaties should be ratified?
94. US-Russia Exchange of Spies: Can citizens be deported under International Law?
Important Notes:
In addition to the above referred project topics, the Students will have preference to
choose a topic in consultation with the Course Faculty.
From time to time important and most relevant works of scholarship (academic
articles) on specific topics shall be provided to supplement the understanding of the
course in an application based approach to study the course.
During the course teaching it is strongly recommended to best utilize the resources on
the subject available at our Library and the online resources subscribed by NLUJ.
34
SUBJECT: COMPANY LAW- I
The paper needs to be taught in light of the New Companies Amendment Act 2013. The
Companies Act 1956 has not been repealed. The New Act of 2013 is made applicable by
notifications as to particular sections by the Ministry of Company Affairs. The notified
sections, which replace the provisions of Companies Act 1956, will be highlighted.
TEACHING METHODOLOGY
As per the norms in this subject there will be 6 classes per week. Teaching Methodology will
35
COURSE OUTLINE
Company, as a form of ownership, developed in order to address the requirement of business at that
time. It is a statutory creation and it has different forms to suit different requirements of business and
trade. Law recognize veil by dissociating members from company and also the grounds on which
corporate veil may be lifted. This module is intended to deal coherently with the concept of corporate
personality, Nature and Features of a Corporate Body, Theories of corporate personality,
Lifting of corporate veil, Classification of companies and company as distinguished from other
forms of business.
o Characteristics
Kinds of Companies
Cases
36
2. Lee v. Lee Air Farming Ltd. (1960) All ER 420
3. Ritcher Holding v. The Assistant Director of Income Tax (March 24, 2011)
Being statutory creations, companies are created by promoters. Promoters play a very
strategic role. It is through their expertise and efforts that a company is born. In
contemporary times, task of promotion has professionalized. Law has the task of
balancing the protection of their interests on the one hand and on the other hand to protect
the interest of the company. Further it maintains sanctity of contracts entered into by
promoters. This module shall widely cover about the
Promoters- Concept and relevance, Legal Position of a Promoter and their Duties
and Liabilities.
Incorporation of a company
Formation of Company
o Commencement of Business
37
Cases
Memorandum of Association-
Meanings
Contents
Procedure for Alteration
Effects of MoA
Doctrine of Ultra Vires
Liability clause
Articles of Association
Contents
Doctrine of Constructive Notice
Doctrine of Indoor Management
38
Cases
A company is bound to raise finances for its sustenance and growth. Therefore, in finance
a prospectus is a disclosure document that describes a financial security for potential
buyers. A prospectus commonly provides investors with material information about
different securities, mutual funds, stocks, bonds and other investments. It also provides
with information like description of the company's business, financial statements,
biographies of officers and directors, detailed information about their compensation, any
litigation that is taking place, a list of material properties and any other material
information. This module is intended to cover the concept of Prospectus in detail and
regarding the issue of prospectus and shares.
Prospectus
o Definition
o Contents
Cases
39
3. New Brunswick Co. v. Muggeridge (1860) 3 LT 651
6. Delhi Cloth & General Mills Ltd. v. Union of India AIR 1983 SC 937
10. Kimsuk Krishna Sinha v. SEBI [2010] 155 Com Cases 295
In order to finance its activities the company needs capital. Capital of a company is of
different kinds. Capital can be raised at the time of formation of the company for starting
a business or later on, for expansion and diversification. But once raised it becomes the
permanent liability of the company. And such capital is raised by issuing prospectus in
the market which arouses interest of the investors in the company and it induces them to
invest in the company. It may be generated through different means from various sources
(e.g. public and private). This module is intended to cover the concept of shares and
dividend.
o Meaning
40
o Types of Shares
o Allotment of Shares
o Transfer of Shares
o Reduction of Capital
o Buy-Back of Securities
o Membership of a Company
Dividend
o Meaning
o Sources of declaration
o Interim Dividend
Cases
1. Messer Holdings Ltd. v. Shyammadan Mohan Ruia [2010] 159 Com Cases 29
3. Chetan G Cholera v. Rockwool India Ltd. [2010] 155 Com Cases 605
41
8. Sandvik Asia v. Bharat Kumar Padamsi [2009]
10. Cosmosteels Pvt. Ltd. v. Jairam Das Gupta AIR 1978 375
12. Zenith Infotech Limited v. The Bank of New York Mellon 23/4/2014
Debt financing occurs when a firm raises money for working capital or capital
expenditures by selling bonds, bills or notes to individuals and/or institutional investors.
In return for lending the money, the individuals or institutions become creditors and
receive a promise the principal and interest on the debt will be repaid. The other way to
raise capital in the debt markets is to issue shares of stock in a public offering; this is
called equity financing. Debts are important for corporations as it leads to shareholders
wealth maximisation and diversification of activities of the company.
o Characteristics
o Kinds of Debentures
o Debenture Trustees
Cases
1. Mresults Services Pvt. Ltd. v. Pan Electronics India Ltd. [2011] 162 Com
Cases 243
3. Lloyds Finance Ltd. v. Emtex Industries Ltd. [2003] 115 Com Cases 560
42
4. Indiana Spices & Foods Ind. Ltd. v. Indian Charge Chrome [1997] 89
Com Cases 570
Legislations:
Further references:
3. Charles Wild & Stuart Weinstein Smith and Keenan, Company Law,
Pearson Longman, 2009
43
London, 2010
11. S. K. Verma & Suman Gupta, Corporate Governance and Corporate Law
Reform in India, 2005.
14. C.R. Datta : Datta on the Company Law; Lexis Nexis, Butterworths
Wadhwa, Nagpur
16. K.C. Garg, R.C. Chawla, Vijay Gupta : Company Law; Kalyani
Publishers.
JOURNALS:
44
2. Student Company Secretary: ICSI, New Delhi.
ADDITIONAL NOTES:
1. Latest cases will be provided during the administration of the course.
2. The latest edition of all the books referred to above should be read.
45
SUBJECT: POLITICAL SCIENCE-III
INDIAN GOVERNMENT AND POLITICS
FACULTY: DR. MANISHA MIRDHA
CREDIT HOURS
As per credit hours allotted to the subject there will be 6 classes per week. Teaching
Methodology will include Lecture-cum- discussions and Presentations
EVALUATION SCHEME
Continuous Assessment - 30%
Mid Term-20%
End Term -50%
46
COURSE OUTLINE
MODULE I
OVERVIEW OF THE INDIAN POLITICAL SYSTEM
Character of the Indian National Movement
Approaches to the study of Indian Politics
The Constituent Assembly of India- Background, Composition and Working
Constitutional Assembly Debates
Salient Features of the Working process of the Constituent Assembly
Granville Austins views
Criticisms of the Constituent Assembly
India: Social Structure and Democratic Process
Essential Readings:
MODULE II
UNION GOVERNMENT
The Union Executive: President, Prime Minister and Council of Ministers
The Parliament: Powers and Functions of Lok Sabha and Rajya Sabha
Functioning of the Parliamentary System in India: Relationship between the two
chambers
Union Council of Ministers
Indian Judicial System: Judicial Structure, The Supreme Court: Functions and
Powers, Judicial Activism, Public Interest Litigation, Judicial Reforms
Judiciary and Democratic Processes: Context of Judicial Review in India
Essential Readings:
47
3. Khare, H. (2003) Prime Minister and Parliament: Redefining
Accountability in the Age of Coalition Government, in Mehra, A.K. and
Kueck, G.W. (eds.) The Indian Parliament: A Comparative Perspective.
New Delhi: Konark Publishers
4. Shankar, B.L. and Rodrigues, V. (2011) The Parliament-Judiciary
Relationship, in The Indian Parliament: A Democracy at Work. New
Delhi: Oxford University Press
5. Manor, J. (1994) The Prime Minister and the President, in Dua, B.D.
and Manor J. (eds.) Nehru to the Nineties : The Changing Office of the
Prime Minister in India, Vancouver: University of British Columbia Press
MODULE III
FEDRALISM AND STATE POLITICS IN INDIA
The Nature of Indian Federalism
Determinants of State Politics; Practice, Patterns, Emerging trends in State
Politics
CentreState Relation: An Overview of Legislative, Administrative and Financial
Relations
Centre- State Relations: Areas of Conflict
Office of Governor, Chief Minister, Council of Ministers
Defections and State Politics
Anti Defection Law
Essential Readings:
48
MODULE IV
POLITICAL PARTIES AND PRESSURE GROUPS
Party System in India Origin, Classification, Salient Features, Organization,
Support Base
Role of Regional Political Parties
Pressure Groups in Indian Politics
Pressure Group Techniques
Salient features of the Indian Model of Pressure groups
Essential Readings:
MODULE V
ELECTORAL POLITICS IN INDIA
Electoral System in India
Election Commission in India-Powers, Functions and Emerging Role
Defects of the Electoral Process
Elections and the process of politicisation
Electoral Reforms
Free and fair Elections-Code of Conduct
Determinants of Voting Behaviour
49
MODULE VI
CHALLENGES TO INDIAN DEMOCRACY
Impact of Caste, Religion and Language
Crime and Politics: The Nexus
Regionalism in Indian Politics
Problems of Violence in India
Globalization and the Changing Nature of the Indian State: The nature of political
power in India, with reference to developmental, welfare, ideological and
coercive
dimensions.
Recommendation of National Commission on Constitutional Review
Essential Readings:
MODULE VII
50
Approaches to Public Policy and Its Implementation
Policy Evaluation
Theories of Organization - Scientific Management - Bureaucratic theory of
organization - Classic theory of organization - Human Relations theory of
organization.
Principles of Organization - Hierarchy - Span of Control - Unity of Command -
Centralised and decentralized administration.
Essential Readings
1. Fadia B. L.and Kuldeep Fadia (2015) Public Administration, Sahitya Bhawan,
2. R.K. Sapru, Public Policy-formulation, implementation and evaluation (Sterling
Publishers Pvt. Ltd., New Delhi, 2004)
3. James E. Anderson, Public Policy Making (Holt Rinehart, New York 3rd Edition,
1984)
4. Thomas R. Dye, Understanding Public Policy, Prentice Hall, Englewood Cliffs,
1978)
Essential Readings:
51
10. Paul R.Brass, Caste, Faction and Party in Indian Politics New Delhi:
Oxford University Press, 2003
11. B. L. Fadia and Kuldeep Fadia, Indian Government and Politics, Sahitya
Bhawan, 2016
12. Rajni Kothari, Politics in India Orient black Swan, 2012
13. Bidyut Chakrabarty and Rajendra Kumar Pandey: Indian Government
and Politics, Sage Texts, 2008
14. M. Laxmikanth, Governance in India McGraw Hill Education, 2nd edition,
2014
15. Patanjali N. Chaturvedi, Indian Political System, Kunal Book Publisher,
2011
16. Niraja Gopal Jayal and Pratap Bhanu Mehra, The Oxford Companion to
Politics in India, edited by Oxford, 2011
17. Singh, Indian Politics: Constitutional Foundations and Institutional
Functioning, Prentice Hall India Learning Private Limited; 2nd edition,
2011
18. G. Austin, The Constituent Assembly: Microcosm in Action, in The Indian
Constitution: Cornerstone of a Nation. New Delhi: Oxford University
Press, 1979
Secondary Readings
52
17. Morris Jones : Government and Politics in India
18. Myron Weiner : Party Building in a New Nation : The Congress Party of India
19. Norman D. Palmer : The Indian Political System
20. P.R.Brass, Politics of India Since Independence, 2nd edn., Cambridge,
Cambridge University Press,
21. Ramesh K. Arora : Administrative Change in India (Jaipur: Alakh Publishers)
22. Rasheeduddin Khan : Federal India A design for change, Vikas 1992
23. S.K. Sharma & V.N. Chawla : Municipal Administration in India
24. S.R. Maheswari : Local Government in India
25. Shriram Maheswari : Indian Administration (New Delhi: Orient Longman,
1998)
26. Subhash C.Kashyap : Our Parliament, National Book Trust, New Delhi
1992
27. Zoya Hasan : Politics and The State in India(ed.) Sage Publication, New Delhi
2000
53
ECONOMICS-II
SUBJECT: GENERAL PRINCIPLES OF MACROECONOMICS
FACULTY: Dr. CHITRA SARUPARIA
Dr. KRANTI KAPOOR
TEACHING METHODOLOGY
As per credit hours allotted to the subject there will be 6 theory classes per week.
Teaching Methodology will include lecture -cum- case discussion, assignment and
presentations.
EVALUATION SCHEME
54
COURSE OUTLINE
References:
Case, Fair and Oster (2011), Principles of Macroeconomics, 10th edition, , Pearson
Education Inc. 97-128.
Froyen RT, Macroeconomics: Theories & Policies, 9 th ed., Pearson Prentice Hall
,New Jersy 13-27.
Mankiw N. Gregory (2012), Macroeconomics, 6th edition, Worth Publishers New
York.17-30.
http://mospi.nic.in/Mospi_New/upload/Green_National_Accouts_in_India_1may
13.pdf.
References:
55
Froyen RT, Macroeconomics: Theories & Policies, 9 th ed., Pearson Prentice
Hall, New Jersy 32-4, 51-60, 68-129.
Mankiw N. Gregory (2012), Macroeconomics, 6th edition, Worth Publishers
New York 44-71.
Case, Fair and Oster (2011), Principles of Macroeconomics, 10th edition, chapter
6 , Pearson Education Inc. 135-142.
Froyen RT, Macroeconomics: Theories & Policies, 9 th ed., Pearson Prentice Hall
,New Jersy 210-225.
Lipsey & Chrystal (2011), Economics 12th Edition Oxford University Press 557-
574.
Mankiw N. Gregory (2012), Macroeconomics, 6th edition, Worth Publishers New
York. 91-100, 252-260,385-388.
http://finmin.nic.in/reports/MYR201516English.pdf.
https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/WPS10AFI131014FL.pdf
56
Relative Effectiveness of Monetary & Fiscal Policy
Relevance of the Fiscal Responsibility Bill
Relevance of Central Bank Monetary Policy
References:
Case ,Fair and Oster (2011), Principles of Macroeconomics, 10th edition, chapter 6 ,
Pearson Education Inc. 166-180.
Froyen RT, Macroeconomics: Theories & Policies, 9 th ed., Pearson Prentice Hall
,New Jersy 203-205, 368-388.
https://www.imf.org/external/pubs/ft/wp/2015/wp15129.pdf
References:
57
References:
58
SUBJECT: COST AND MANAGEMENT ACCOUNTING
Objectives: The course is intended to be a foundation course in the use of cost and
management accounting information in product costing, service costing, decision-
making, planning and control. The course is intended to introduce students to the
possibilities of using accounting information in various managerial situations.
Teaching Methodology
Scheme of evaluation
Continuous assessment 30
Mid-Term 20
End term 50
Total = 100
59
COURSE OUTLINE
Module 1
General Introduction
1.1 Meaning and definition, scope and use of cost and management accounting; Cost
accounting, financial accounting and management accounting interrelationship.
1.2 Designing and installing a good cost accounting system.
1.3 Cost concepts: product and period costs, common and joint costs, short run and long
run costs, past and future costs, controllable and non-controllable costs, replacement
and historical costs, escapable and unavoidable costs, opportunity and differentiable
costs, conversion costs, committed costs, shut down and abandonment costs,
marginal and notional costs.
1.4 Classification of costs: based on financial nature of cost element wise classification,
functional classification based on cost behavior.
1.5 Management accounting: objectives and scope, functions of management accounting,
important tools.
Reading Material:
1. Drury Colin, Management and Cost Accounting, Thomson Learning Inc., Delhi,
2004.
2. Nigam B.M. Lall and Sharma G.L., Advanced Cost Accounting, Himalaya
Publishing House, Mumbai, Fifth Edition, 1992.
Module 2
Contract costing
Reading material:
60
Module 3
Service costing
Reading material:
1. Ravi M Kishore, Cost & Management Accounting, Taxmann, Third Edition, New
Delhi, 2002.
2. Nigam B M Lall and Sharma G.L., Advanced Cost Accounting, Himalaya
Publishing House, Mumbai, Fifth edition, 1992, chapter 16.
Module 4
Process costing
Reading material:
1. Hilton Ronald W., Managerial Accounting, Fifth Edition, Tata McGraw Hill
Publishing Company Limited, New Delhi, 2004
2. Ravi M Kishore, Cost & Management Accounting, Taxman, New Delhi, Third
Edition, 2002, Chapter 8
Module 5
Uniform costing; inter firm comparison and cost audit
61
5.3 Inter firm comparisons.
5.4 Problems in inter firm comparison and how to overcome them.
5.5 Cost audit meaning, important features and objects.
5.6 Important legal provisions of cost audit.
5.7 Cost audit vs. financial audit.
5.8 Cost accounting records.
Reading material:
Module 6
Marginal costing and C-V-P analysis
6.1 Marginal costing.
6.2 Distinctive features of marginal costing, contribution and presentation of data under
marginal costing.
6.3 Arguments in favor of marginal costing.
6.4 Practical applications of marginal costing technique
(a) Key or limiting factor analysis.
(b) Profit planning
(c) Optimizing product mix.
(d) Make or buy decision
(e) Price fixation
(f) Discontinuance or diversification of product line.
(g) Temporary cessation of operations.
(h) Acceptance or rejection of new order and sub contracting.
6.5 Criticism against marginal costing and its limitations.
6.6 Break-even and cost-volume-profit analysis meaning and important features.
6.7 Assumptions and limitations of break-even and C-V-P analysis.
6.8 Impact of changes in selling price, fixed costs and variable cost on P/V ratio, break
even point and margin of safety.
6.9 Curvilinear break-even analysis.
Reading material:
1. Hilton Ronald W., Managerial Accounting, Fifth Edition, Tata McGraw Hill
Publishing Company Limited, New Delhi, 2004
2. Ravi M Kishore, Cost & Management Accounting, Taxman, New Delhi, Third
Edition, 2002, Chapters 11 & 12
Module 7
Budgeting and budgetary control
62
7.1 Budget, budgeting and budgetary control, meaning and features.
7.2 Budgeting process.
7.3 Requirements of a sound budgeting system.
7.4 Preparation of various budgets
7.5 Preparation of master budget and its implementation.
7.6 Flexible budgeting.
7.7 Zero Based budgeting.
7.8 Performance budgeting.
7.9 Rolling budgeting.
7.10 Budgetary control ratios.
Reading material:
1. Ravi M Kishore, Cost & Management Accounting, Taxman, New Delhi, Third
Edition, 2002, Chapter 13
2. Drury Colin, Management and Cost Accounting, Sixth Edition, Thomson Learning
Inc. 2004.
Module 8
Standard costing and variance analysis
Reading material:
Reference Books
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Drury Colin, Management And Cost Accounting, Sixth Edition, Thomson
Learning Inc. 2004.
Gillespie, C; Standard and Direct Costing (New Delhi, Prentice Hall) edition 1997
Hilton Ronald W., Managerial Accounting, Fifth Edition, Tata McGraw Hill
Publishing Company Limited, New Delhi, 2004
Horngren C T; Cost accounting: A managerial emphasis (New Delhi, Prentice
Hall) edition 2006
Khan M Y and Jain P K; Management accounting (Tata McGraw Hill) edition
2004
Lal, Jawahar; Cost accounting (Tata McGraw Hill) edition 2003
Prasad N K; Principles and Practice of cost accounting (Book Syndicate Pvt. Ltd.,
Kolkota) edition 2000
Ronald M Copeland and Paul E Daschler, Managerial Accounting (New York:
John Wiley & Sons). Edition 1998
Shillanglaw. G, Cost Accounting: Analysis and control (Homewood: Richard D.
Irwin) Edition 2001
Shukla M. C. and Grewal T S, Cost accounts: Text & Problems, (New Delhi, S
Chand & Co.) edition 2000
Swaminathan L; Lectures on Costing (Delhi: S. Chand & Co.) edition 2002
Walter B Mcfarland, Concepts of Management Accounting (New York: National
Association of accountants) edition 1998
Welsch, Glenn A., Budgeting: Profit Planning and Control (Englewood Cliffs,
Prentice hall) Edition 2001
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SUBJECT: STRATEGIC MANAGEMENT
FACULTY: Dr. ARCHI MATHUR
Objectives:
The objective of this course is to acquaint the students with the basic concepts and
techniques of strategy and its formulation in business along with applicatory issues.
Evaluation Criteria:
65
COURSE OUTLINE
1. Wheelan Thomas L & Hunger David J, Strategic Management & Business Policy:
Entering 21st Century Global Society, 6th Edition, Addison Wesley, 1998;
Chapter 1, pg 3-4.
2. Kzmi Azhar, Business Policy, Tata McGraw Hill, 2000; Chapter 2, pg 23-39;
Chapter 3, pg 39-54.
3. Prasad LM, Business Policy: Strategic Management, Sultan Chand & Sons, 2001;
Chapter 1, pg 3-34.
Characteristics of Objectives
Objective Setting
Board of Directors
Chief Executive Officer
Corporate Planning Staff
Responsibilities of Business Firm.
1. Wheelan Thomas L & Hunger David J, Strategic Management & Business Policy:
Entering 21st Century Global Society, 6th Edition, Addison Wesley, 1998;
Chapter 2, pg 27-35 & 39-41, 43-45.
2. Kzmi Azhar, Business Policy, Tata McGraw Hill, 2000; Chapter 4, pg 82-92.
3. Prasad LM, Business Policy: Strategic Management, Sultan Chand & Sons, 2001;
Chapter 3, pg 56-71; Chapter 4, pg 81-109.
4. Mamoria & Mamoria, Business Planning & Policy, 1st edition, Himalaya
Publishing House, 1987; Chapter 4, pg 86-94; Chapter 5, pg 100-117.
Environment
Environmental Scanning and Analysis
External Environment
Issues Priority Matrix
Pest Analysis
Five Force Analysis, Generic Strategies
ETOP, EFAS
Marketing Warfare Strategies
Strategic Types and Hyper Competition
66
Internal Environment
SWOT Analysis
Organizational Capability Profile, Strategic Advantage Profile, IFAS
Internal Resource Analysis
Jausch & Osborn Model
Ohames Four Approaches
Value Chain Approach
1. Wheelan Thomas L & Hunger David J, Strategic Management & Business Policy:
Entering 21st Century Global Society, 6th Edition, Addison Wesley, 1998;
Chapter 3, pg 53-75; Chapter 4, pg 82-101.
2. Kzmi Azhar, Business Policy, Tata McGraw Hill, 2000; Chapter 5, pg 97-114;
Chapter 6, pg 122-141.
3. Prasad LM, Business Policy: Strategic Management, Sultan Chand & Sons, 2001;
Chapter 5, pg 112-143; Chapter 6, pg 149-178.
4. Mamoria & Mamoria, Business Planning & Policy, 1st edition, Himalaya
Publishing House, 1987; Chapter 3, pg 55-79.
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1. Wheelan Thomas L & Hunger David J, Strategic Management & Business Policy:
Entering 21st Century Global Society, 6th Edition, Addison Wesley, 1998;
Chapter 7, pg 171-177.
2. Prasad LM, Business Policy: Strategic Management, Sultan Chand & Sons, 2001;
Chapter 9, pg 239-260.
Organizational Implementation
Organizational Life Cycle
McKinseys 7-S Framework
Managing Diverse Cultures through Acquisitions
Definition of Evaluation/Control
Management Control Process
Books:
1. Wheelan Thomas L & Hunger David J, Strategic Management & Business Policy:
Entering 21st Century Global Society, Sixth Edition, Addison Wesley, 1998.
2. Kzmi Azhar, Business Policy, Tata McGraw Hill, 2000.
3. Prasad LM, Business Policy: Strategic Management, Sultan Chand & Sons, 2001.
4. Mamoria & Mamoria, Business Planning & Policy, First Edition, Himalaya
Publishing House, 1987.
5. Cherunilam Francis, Strategic Management: A Book on Business Policy/
Corporate Planning , Fifth Revised edition, Himalaya Publishing House, 2005.
6. Orgland Magne Y., Initiating, Managing and Sustaining Strategic Change:
Learning from the Best, Macmillan Press Limited, 1997.
7. Institute of Chartered Financial Analysts of India, Strategic financial
Management: Achieving Sustainable Competitive Advantage, Vision Books
Private Limited, 2002.
8. Aaker David A., Strategic Market Management, Sixth Edition, John wiley & sons
Inc., 2005.
9. Walker, Boyd, Mullins & Larreche, Marketing Strategy: A Decision-Focussed
Approach, Fourth Edition, Tata McGraw Hill, 2003.
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10. Pearce John A II & Robinson Richard B Jr., Strategic Management: Formulation,
Implementation & Control, Ninth Edition, Tata McGraw Hill, 2005.
11. Thompson Jr. Arthur A., Strickland III A.J. & Gamble John E., Crafting and
Executing Strategy: The Quest for Competitive Advantage, Concepts and Cases,
Fourteenth Edition, Tata McGraw Hill Publishing Company Limited, 2005.
12. Articles from Brand Equity and The Strategists to be taken up at appropriate
time in the class either in the form of discussion, exercise or case study.
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