llm - topics

INDIAN CONSTITUTIONAL LAW : THE NEW CHALLENGES. 1. Federalism. 1.1. Creation of new States. 1.2. Allocation and sharing of resources – distribution of grants in aid. 1.2.1. The inter state disputes on resources. 1.3. Rehabilitation of internally displaced persons. 1.4. Centre’s responsibility and internal disturbance within States. 1.5. Directions of the Union to the State under Article 356 and 365. 1.6. Federal Comity : Relationship of trust and faith between Union and State. 1.7. Special status of certain States. 1.7.1. Tribal Areas, Scheduled Areas. 2. “State” : Need for widening the definition in the wake of liberalization. 3. Right to equality : privatization and its impact on affirmative action. 4. Empowerment of women. 5. Freedom of press and challenges of new scientific development. 5.1. Freedom of speech and right to broadcast and telecast. 5.2. Right to strike, hartal and bandh. 6. Emerging regime of new rights and remedies. 6.1. Reading Directive Principles and Fundamental Duties into Fundamental Rights. 6.1.1. Compensation jurisprudence. 6.1.2. Right to education. 6.1.2.1. Commercialisation of education and its impact. 6.1.2.2. Brain drain by foreign education market. 7. Right of minorities to establish and administer educational institutions and State control. 8. Secularism and religious fanaticism. 9. Separation of powers : stresses and strain. 9.1. Judicial restraint. 9.2. PIL : Implementation. 9.3. Judicial independence. 9.3.1. Appointment, transfer and removal of judges. 9.4. Accountability of executive. 10. Democratic process. 10.1. Nexus of politics with criminals and the business. 10.2. Election. 10.3. Election commission : status. 10.4. Electoral Reforms. 10.5. Coalition government, stability, durability, corrupt practices. LAW OF INDUSTRIAL AND INTELLECTUAL PROPERTY. Syllabus : 1. IPR and International Perspectives. 2. Trademarks and Consumer Protection (Study of UNCTAD report on the subject). 3. The Legal regime of Unfair Trade Practices and of Intellectual Industrial Property. 3.1. United Nations approaches (UNCTAD, UNCITRAL) 3.2. EEC approaches. 3.3. Position in U.S. 3.4. The Indian situation. 4. Special Problems of the Status of Computer Software in Copyright and Patent Law : A Comparative Study. 5. Biotechnology Patents : 5.1. Nature and types of biotechnology patents. 5.2. Patent over new forms of life : TRIPS obligations. 5.3. Plant patenting. 5.4. Sui generic protection for plant varieties. 5.5. Multinational ownership. 5.6. Regulation of environment and health hazards in biotechnology patents. 5.7. Indian policy and position. 6. Patent Search, Examination and Records : 6.1. International and global patent information retrieval systems (European Patent Treaty). 6.2. Patent Co-operation Treaty (PCT) 6.3. Differences in resources for patent examination between developed and developing societies. 6.4. The Indian situation. (28) 7. Special Problems of Proof of Infringement : 7.1. Status of intellectual property in transit – TRIPS obligation - Indian position. 7.2. The evidentiary problems in action of passing off. 7.3. The proof of non-anticipation, novelty of inventions protected by patent law. 7.4. Evidentiary problems in piracy : TRIPS obligation – reversal of burden of proof in process patent. 7.5. Need and Scope of Law Reforms. 8. Intellectual Property and Human Rights. 8.1. Freedom of speech and expression as the basis of the regime of intellectual property right – copyright protection on internet- WCT (WIPO Copyright Treaty, 1996). 8.2. Legal status of hazardous research protected by the regime of intellectual property law. 8.3. Human right of the impoverished masses, intellectual property protection of new products for healthcare and food security. 8.4. Tradition knowledge – protection – biodiversity convention right of indigenous people. Select bibliography : 1. Terence P. Stewar (ed.), The GATT Uruguary Round : A Negotiating History (1986-1994) The End Game (Part-1)(1999), Kluwer. 2. David Bainbridge, Software Copyright Law (1999), Butterworths. 3. W.R. Cornish, Intellectual Property Law (1999), Sweet and Maxwell. CORPORATE FINANCE. Syllabus : 1. Introduction. 1.1. Meaning, importance and scope of corporation finance. 1.4. Capital needs – capitalization – working capital - securities – borrowings – deposits debentures. 1.5. Objectives of corporation finance – profit maximization and wealth maximization. 1.6. Constitutional perspectives – the entries 37, 38, 43, 44, 45, 46, 47, 52, 82, 85 and 86 of List 1 - Union list; entry 24 of list 11 – State List. 2. Equity Finance. 2.1. Share capital. 2.1.1. Prospectus – information disclosure. 2.1.2. Issue and allotment. 2.1.3. Shares without monetary consideration. 2.1.4. Non-opting equity shares. 3. Debt Finance. Debentures. 3.1.2. Nature, issue and class. 3.1.3. Deposits and acceptance. 3.1.4. Creation of charges. 3.1.4.5. Fixed and floating charges. 3.1.5. Mortgages. 3.1.6. Convertible debentures. 4. Conservation of Corporate Finance. 4.1. Regulation by disclosure. 4.2. Control on payment of dividends. 4.3. Managerial remuneration. 4.4. Payment of commissions and brokerage. 4.5. Inter-corporate loans and investments. 4.6. Pay-back of shares. 4.7. Other corporate spending. 5. Protection of creditor 5.1. Need for creditor protection. 5.1.1. Preference in payment. 5.2. Hights in making company decisions affecting creditor interests. 5.3. Creditor self-protection. 5.3.1. Incorporation of favorable terms in leading contracts. 5.3.2. Right to nominate directors. 5.4. Control over corporate spending. 6. Protection of Investors. 6.1. Individual share holder right. 6.2. Corporate membership right. 6.3. derivative actions. 6.4. Qualified membership right. 6.5. Conversion, consolidation and re-organization of shares. 6.6. Transfer and transmission of securities. 6.7. Dematerialization of securities. 7. Corporate Fund Raising. 7.1. Depositories – IDR (Indian depository receipts). ADR (American depository receipts), GDR (Global Depository receipts). 7.2. Public financing institutions – IDBI, ICICI, IFC and SFC. 7.3. Mutual fund and other collective investment schemes. 7.4. Institutional investments – LIC, UTI and banks. 7.5. FDI and NRI investment – Foreign institutional investments (IMF) and World bank. 8. Administrative Regulation on Corporate Finance. 8.1. Inspection of Accounts. 8.2. SEBI 8.3. Central government control. 8.4. Control by registrar of companies. 8.5. RBI control. Select bibliography. 1. Ramaiya A, Guide to the Companies Act (Latest Edition) 2. S.C. KuchhalCorporation Finance : Principles and problems (6th ed. 1966). 3. V.D. Kulshreshtha, Government Regulation of Financial Management of Private Corporate Sector in India (1986). EXIM LAW INTRODUCTION : 1. 1.1. State control over import and export of goods -from rigidity to liberalization. 1.2. Impact of regulation on economy. 2. The Basic Needs of Export and Import Trade. 2.1. Goods. 2.2. Services. 2.3. Transportation. 3. International Regime. 3.1. WTO agreement. 3.2. WTO and tariff restrictions. 3.3. WTO and non-tariff restrictions. 3.4. Investment and transfer of technology. 3.5. Quota restriction and anti-dumping. 3.6. Permissible regulations. 3.7. Quarantine regulation. 3.8. Dumping of discarded technology and goods in International market. 3.9. Reduction of subsidies and counter measures. General Law on Control of Imports and Exports. 4.1. General scheme. 4.2. Legislative control. 4.2.1. Power of control : Central Government and RBI. 4.2.2. Foreign Trade Development and Regulation Act 1992. 4.2.3. Restrictions under customs law. 4.2.3.1. Prohibition and penalties. 4.3. Export-Import formulation : guiding features. 4.3.1. Control under FEMA. 4.3.2. Foreign exchange and currency. 4.3.2.1. Import of goods. 4.3.2.2. Export promotion councils. 4.3.2.3. Export oriented units and export possessing zones. Control of Exports. 5.1. Quality control. 5.2. Regulation on goods. 6. Exim policy : Changing Dimensions. 6.1. Investment policy : NRIs. FIIs. 6.2. Joint venture. 6.3. Promotion of foreign trade. 6.4. Agricultural products. 6.5. Textile and cloths. 6.6. Jewellery. 6.7. Service sector. 7. Law Relating to Customs. 7.1. Prohibition on importation and exportation of goods. 7.2. Control of smuggling activities in export-import trade. 7.3. Levy, of and exemption from, customs duties. 7.4. Clearance of imported goods and export goods. 7.5. Conveyance and warehousing of goods. 8. Regulation of investment. 8.1. Conservation of foreign exchange. 8.2. Foreign exchange management. 8.3. Currency transfer. 8.4. Investment in foreign countries. 8.5. Borrowing and Lending of money and foreign currency. 8.6. Securities abroad – issue of 8.7. Immovable property – purchase abroad. 8.8. Establishment of business outside. 8.9. Issue of derivatives and foreign securities - GDR (global depositories receipts), ADR (American depository receipts) and Uro. 8.10. Investment in Indian banks. 8.11. Repatriation and surrender of foreign securities.