Beruflich Dokumente
Kultur Dokumente
Faculty of LAW
Course Handout
(IX) Semester: JULY to DECEMBER, 2015
Course Code
Course Title
LL462
1. Instructor-in-charge
:
(Mr. PRITAM SUBBA, E MAIL: subbapripan@iusikkim.edu.in
Ph. No.: 9832370464
3. (a) Textbooks(s)
Private International Law in India(2nd edn)
F.E. Noronha
4. Lecture-wise plan
Lecture/Sessio
n Nos.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Learning
Objectives
To look into the
actual meaning
of the term
To look into the
various
definitions
given by
emeinent jurist
for the term Pvt.
Int Law
To find out the
differences
between Pvt. Int
law and other
branches of law.
To know about
the
circumstances
when a foreign
national or
foreign law is
involved
To find about
the purpose or
aim of pvt. Int
law
To look into the
various aspects
from where the
concept of Pvt.
Int law has
developed.
To know about
the concept of
the elements
that leads to
conflict of law
To know about
the true meaning
of selecting the
place to institute
suits/proceeding
s
To know about
the two kinds of
Topics to be
covered
Pvt. Int LawMeaning.
Pvt. Int LawDefinitions
given by
eminent
jurists
Differences
between
Pvt. Int Law
and other
laws
Reference
(Chapter/Sec/Page Nos of
Text/Reference)
Ch.1pg. 2
Ch.1pg. 3
www.slideshare.net/ivanbechara/
private-international-law
Ch.4 pg .53
Foreign
Element
Objectives
of Pvt. Int
Law
Sources of
Pvt. Int. Law
Foreign
element and
foreign
complexion
Ch.3 pg.28
www.academia.edu/8650703/Pri
vate-International-Law-Notes
www.academia.edu/8650703/Pri
vate-International-Law-Notes
Ch.4pg.53
Choice of
jurisdictionIntroduction
Traditional
rules of
Ch.4pg.55
traditional
jurisdiction.
10.
11.
12.
To know about
the procedures
relating to
jurisdiction that
are followed in
India
To know about
the rules
regarding
jurisdiction in
US
To know about
the rules of
jurisdiction
related to
companies.
jurisdictionIn personam
and In rem
Ch.4pg.56
Rules of
jurisdiction
in India
Evolution of
in personam
in the US
Ch.4pg.5358
Jurisdiction
over
companies
in Pvt. Int
Law
Ch.4pg.59
13.
To know about
the rules of
jurisdiction with
regard to
diplomats
Sovereign
and
diplomatic
immunity to
jurisdiction
Ch.4pg.62
14.
To know about
the laws in India
relating to
jurisdiction
regarding to
diplomats
Indian law
on
foreigners
sovereign
and
diplomatic
immunity to
jurisdiction
Ch.4pg.63
15.
To know about
the main
reasoning
behind the
Mareva ruling..
Take have a
look into the
actual
application of
various rules of
jurisdiction in
India.
To know about
the true meaning
of choosing of
16.
17.
Ch.4pg.68
Mareva
Injunction
Ch.4pg.53-70
Indian Case
laws relating
to
Jurisdiction
Choice of
LawMeaning
Ch.5 pg72
18.
19.
20.
21.
22.
23.
24.
25.
rules to be
applied for a
proceeding
To know about
criteria in
choosing a law
to be applied.
To know about
the laws that the
parties wants
their contract to
be governed
with
To know about
which is law to
be applied in
absence of predefined
agreement
To know about
the laws that
makes Indian
Law applicable
in foreign
countries/
federal states
also.
To look into
case laws where
there was extra
territorial
application of
Indian Law
To look into
case laws where
there was extra
territorial
application of
Indian Law.
To know about
the true meaning
of domicile in
the context of
Pvt. Int. Law .
To know about
the true meaning
Steps in
Choice of
Law
Ch.5 pg74
Ch.5 pg75
Proper Law
in
International
contracts
Test of
reasonable
man-In
absence of
agreement
of law to be
applied
Extra
Territorial
operation of
Indian Law
Case laws
relating to
Extra
Territorial
operation of
Indian Law-I
Case laws
relating to
Extra
Territorial
operation of
Indian Law-II
Domicile
-Meaning
Domicile of
Origin
Ch.5 pg77
Ch.5 pg79
Ch.5 pg79-82
Ch.5 pg79-82
Ch.6 pg.93
Ch.6 pg.95-97
of domicile of
origin.
26.
27.
28.
29.
30.
31.
32.
33.
34.
To know about
the true meaning
of domicile of
choice.
To know about
the legality of
illegal residence
in contemplating
domicile of
choice.
To know about
the various
provisions under
Indian Law
regarding
domicile
To know about
the relationship
between the two
To know about
the various ways
of drafting of a
FIR via samples
of the same
To know about
the true meaning
and connection
between the two
To know about
the application
of pvt. Int. law
in matters of
marriage and
divorce of int.
nature
To know about
the laws related
to custody of
children in cases
of int. nature
To know about
the rules and
practices related
to Intellectual
Property in Pvt
Domicile of
Choice
Ch.6 pg.100
Illegal
Residence
Ch.6 pg.101
Indian Law
on Domicile
Ch.6 pg.102
Citizenship
and
Residence
Ch.6 pg.103
Citizenship
and State
domicile
Ch.6 pg.105-110
Personal and
Property
lawMeaning
Ch.7 pg.112
Ch.7 pg.113
Matrimonial
matters and
transnationa
l divorce
Ch.7 pg.118
Custodyofchi
ldren
Intellectual
Property in
Pvt. Int Law
Ch.7 pg.129
Int Law
35.
36.
37.
To know about
the extent of
application of
foreign
judgment in
India
To know about
the
countries
that India has
declared to be
the reciprocating
territories
for
execution
of
decrees of the
superior courts.
To look into the
application of
law in various
cases
for
interpreting
clauses of sec.
13 of CPC
Recognition
of foreign
judgment is
India
Reciprocatin
g Territories
Principles :
Interpretatio
n of clauses
of section 13
of CPC with
help of
decided case
laws- I
38.
Principles :
Interpretatio
n of clauses
of section 13
of CPC with
help of
decided case
laws- II
39.
To know about
the true meaning
of foreign award
in Indian
context
To know about
the impact of
public policy
over foreign
awards
To summarize
the various rules
relating to
acceptance of
Foreign
awardMeaning
Public Policy
Summary of
Indian Law
on
Recognition
40.
41.
42.
43.
44.
45.
foreign
judgment in
India
and
enforcement
of foreign
Judgment
To know about
concept of
arbitration and
its link with pvt.
Int. law.
To look into the
various rules
relating to int.
arbitration
International
ArbitrationIntroduction
Rules
relating to
arbitration
proceedings
Suggestions
to improve
Pvt. Int Law(
esp. in
India)-I
Suggestions
to improve
Pvt. Int Law(
esp. in
India)-II