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ADMINITRATIVE LAW

Module-1: Introduction
1. Meaning, Definition & Scope of Administrative Law
2. Sources of Administrative Law
3. Development of Administrative Law
4. Relationship between Constitutional Law and Administrative Law
5. Separation of powers
6. Administrative Law & the rule of law
7. Droit Administratif
8. Distinction between judicial, quasi-judicial and Administrative functions

Module-2: Delegated Legislation


1. Delegated Legislation – Definition & Form – What constitutes Delegated
Legislation :
2. Necessity of Delegated Legislation
3. Reasons for the growth of Delegated Legislation
4. Types of Delegated Legislation
5. General Limitations upon Delegation of Powers – Principles:
a. Susidiarity
b. delegatus non potest delegare
6. Limits on legislature’s power to delegate:
a. Constitution
b. principles of natural justice
7. Control of Delegated Administrative Powers:
a. Constitutionality
b. Rule of law
Module-3: Principle of Natural Justice and Rule of Law
1. Natural Justice & Legal Justice
2. Basic principles of natural law:
a. No man can be judge of his own cause (Dr. Bonham’s Case)
b. Audi alteram partem (right to fair hearing)
c. Right to a reasoned judgment
3. Exceptions to the rule of Natural Justice
4. Effects of non-compliance with principles of Natural Justice
5. Rule of Law – Dicey’s principles:
a. Supremacy of Law
b. Equality before Law
c. Constitution (British) is the result of the ordinary law
6. Modern interpretation of Rule of Law I: New Delhi Declaration of International
Commission of Jurists, 1959:
a. Individuals are possessed of certain fundamental rights and freedoms.
b. Independence of judiciary
c. Establishment of social, economic and cultural conditions necessary for
human dignity
7. Modern Interpretation of Rule of Law II (UN Secretary General Report Doc. No.
S/2004/616 of 23 August 2004): As a principle of Governance:
a. Principle of accountability to law
b. Equality before law
c. Independent adjudicatory mechanism
d. Law to be consistent with Human Rights
e. Supremacy of law
f. Fairness in application of law
g. Separation of powers
h. Participation in decision-making process
i. Certainty of law
j. Absence of arbitrariness
k. Legal transparency
8. Rule against Bias: Principle against arbitrariness: Wednesbury Rule
Module-4: Adjudicatory Power under the Administrative law
1. Need for Administrative Adjudication
2. Problems of administrative adjudication
3. Modes of Administrative Decision making
4. Administrative Tribunals
5. Commissions of inquiry into administrative actions
Module-5: Judicial Review of Administrative Discretion
1. Judicial Review of Administrative Actions: Constitutional Framework
2. Doctrine of ultra vires
3. Power to review own Decisions
4. Grounds for review:
a. Failure to exercise discretion
b. Excess of discretionary authority
c. Arbitrary exercise of discretion
5.Doctrine of proportionality
6. Doctrine of Legitimate Expectations
7. Distinction between review & appeal
8. Various writs & their utilities and other remedies
Module-6: Administrative Discretion
1. Meaning of Discretionary Power & its rationale
2. Distinction between implied powers and discretionary powers
3. Constitutional safeguards: extent of justiciability of discretionary powers
4. Scope of discretion
5. Grounds for challenging the exercise of Administrative Discretion
6. Discretion Conferred by the Constitution
7. Abuse of discretion – Study of case-law:
a. Non-application of mind
b. Improper purpose
c. Irrelevant considerations
d. Fettering of discretion acting under dictation
8. Sovereign immunity in Administrative Law
Module-7: State Liability
1. Concept – Law Commission of India 1st Report
2. Suits against Government
3. Vicarious Liability of the State
4. Liability in Tort
5. Liability in Contract – an 299 State Contract
6. Privileges at immunities of the Administrator in suits
Module-8: Institutional controls on Administrative Action
1. Institutional controls:
a. Public audit
b. Commissions of Enquiry
c. Ombudsman in India (Lokpal & Lokayuktha)
d. Central Vigilance Commission
e. Parliamentary Committees
f. The Right to Information Act
g. The Media
2. Structure and functioning of bureaucracy: Civil Services in India – Transparency,
Accountability and responsibility
3. Legal controls of Administrative deviance:
a. Corruption
b. Mal-administration

Company Law

Module 1: Introduction of Corporate Laws


1. Corporation/Company as a business organization – Forms of Corporate and non-
Corporate Organisations; Corporations, partnerships and other associations of persons
differences with other forms of business organizations
2. Meaning of Company, essential characteristics
3. Types of companies and their-roles: state corporations, government companies, public
sector and private sector
4. Corporate personality and lifting the corporate veil,
5. Functions and accountability of companies.
6. Corporate governance Issues:
(a) Liability and Consumer rights,
(b) Profit motive,
(c) Rule of law and transparency,
(d) Corporate social responsibility
Corporate Governance as a set of processes, customs and practices, policies, laws,
and institutions affecting the way a corporation (or company) is directed,
administered or controlled.
Module 2: Incorporation of Companies
1. Memorandum of Association and the doctrine of Ultra Vires
2. Articles of Association, binding force, alteration - Relations with memorandum of
association - doctrine of constructive notice and indoor management exceptions
3. Membership of Company
4. Contracts, deeds & Investments
5. Prospectus & Allotment of Shares
(a) Prospectus, issue, contents, liability for misstatements, statement in lieu of
prospectus,
(b) Promoters - position - duties and liabilities
(c) Shares - general principles of allotment - statutory restrictions
(d) Commission & Discounts - issue of shares at premium and discount
(e) Issue and Redemption of Shares
Module 3: Share Capital & Debentures & Registration of Charges
1. Kinds of Share Capital
2. Reduction of Share Capital
3. Transfer of Shares & Debentures - restrictions on transfer - procedure for transfer -
refusal of transfer - role of public finance institutions - relationship between transferor
and transfers -
4. Borrowing Powers
5. Registration of Charges
6. SEBI
Module 4: Shareholders:
1. Share certificate, its objects and effects
2. Shareholder - who can be and who cannot be a shareholder, modes of becoming a
shareholder - calls on shares - forfeiture and surrender of shares - lien on shares - rights
and liabilities of shareholder
3. Share capital - kinds - alteration and reduction of share capital - further issue of capital
- conversion of loans and debentures into capital
4. Duties of court to protect the interests of creditors and shareholders
Module 5: Directors
1. Position of director - appointment - qualifications, vacation of office - removal,
resignation
2. Powers and duties of directors
3. Meeting, registers, loans to or from Directors
4. Remuneration of directors - compensation for loss of office
5. Role of nominee directors
6. Managing directors and other managerial personnel
7. Role and Powers of Board of Directors
8. Meetings – kinds, procedure – voting.
Module 5: Dividends, Debentures, Borrowing Powers
1. Dividends - payment
2. Capitalization of bonus shares
3. Audit and accounts,
4. Borrowing - powers - effects of unauthorised borrowing -charges and mortgages - loans
to other companies investments - contracts by companies
5. Debentures – meaning - floating charge - kinds of debentures - shareholder and
debenture holder - remedies of debenture holders.
Module 6: Majority, Minority, Oppression, Mismanagement
1. Majority rule
2. Protection of minority rights
3. Prevention of oppression and miss-management
4. Remedies - who can apply - when can he apply
5. Powers of the court and of the Central Government.
Module 7: Allied and ancillary Aspects of Company Law
1. Private companies - nature advantages
2. Conversion into public company
3. Foreign companies
4. Government companies
5. Holding and subsidiary companies
6. Investigations – Powers
7. Reconstruction and amalgamation
8. Mergers, Takeovers
9. Defunct Companies.
10. National company Law Tribunal, powers and functions.
Module 8: Legal Aspects of Multinational (Transnational) Companies
1. Features of Multinational (Transnational) Companies
2. Collaboration agreements for technology transfer
3. Control and regulation of foreign companies
4. Taxation of foreign companies
5. Share capital in MNCs
6. TNCs International Codes of Conduct – UNCTAD, UN, ILO, and others
Module 9: Winding Up
1. Winding up – concept and types
2. Winding up by court
(a) Reasons / rounds
(b) Who can apply - Procedure
(c) Powers of liquidator
(d) Powers of court consequences of winding up order
2. Voluntary winding up by members and creditors winding up subject to supervision
of court.
3. Winding up proceedings
(a) Appointment of liquidator
(b) Powers and duties of official liquidator
(c) Liability of past members
(d) Payment of liabilities - preferential payments, unclaimed dividends
4. Winding up of unregistered company.

Law of property

Module 1: Introductory
1. Concept and meaning of property
2. Kinds of property - movable and immovable property - tangible and intangible property,
private and public property, IPR
3. Evolution of the law of property in India
Module 2: Transfer of Property
1. General Principles of transfer of property – Transfer inter vivos
2. What property cannot be transferred: Condition restraining alienation, condition
restraining enjoyment,
3. Vested and contingent interest, condition precedent and condition subsequent
4. Transfer to unborn person and rule against perpetuity.
Module 3::Doctrines
1. Doctrine of election – covenants- transfer by ostensible owner
2. Doctrine of feeding the grant by estoppel
3. Doctrine of acquiescence
4. Doctrine of lis pendens and its impact of transfer of property
5. Fraudulent transfer
6. Doctrine of part- performance.
Module 4:: Sale of Immovable Property:
1. Definition of sale of immovable property
2. Contract (Agreement) of sale and Agreement to sell, rights and liabilities of seller and
buyer.

Module 5: Mortgages
1. Concept of mortgage
2. Kinds of mortgages
3. When registration is necessary
4. Rights of mortgagor - right to redeem, clog on redemption, partial redemption,
5. Rights and of mortgagee, right to foreclose or sale, right to sue for mortgage money,
access to mortgaged property, rights of mortgagees in possession, substituted securities,
liabilities of a mortgagee in possession
6. Marshalling and contribution
7. Subrogation - legal subrogation and conventional, "redeem up and foreclose down"
Module 6: Leases:
1. Definition of leases
2. Rights and liabilities of lessor and lessee
3. Kinds of leases. tenancy-at-will, tenancy by-holding-over, tenancy-at-sufferance.
Module 7: Hire Purchases, Leveraged Leases
1. Hire Purchase, mortgage and lease
2. Leveraged Lease: rights and obligations of a legal owner and beneficial owner –
Reversion of property to beneficial owner
Module 8: Gifts:
1. Definition of gift as a transfer
2. Essentials of a gift
3. Kinds of gifts: Onerous gift, conditional gifts
4. Universial donee, donatio mortis causa.
Module 9:: Exchange of Properties and Assignment of actionable claims.
1. Exchange of properties in general
2. Assignment of actionable claims – concept of factors
Module 9: Easements:
1. Definition – Prescription and extinguishment of title to property by operation of law
2. Nature and characteristics of easements
3. Acquisition or creation of easements
4. Classification or kinds of easements
5. Termination or determination of easements
6. Difference between easement and licence.

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