Post on 24-Jul-2018
transcript
Syllabus of LL.M (Session: 2012-13)
Department of Law & Muslim Jurisprudence
Course No. 501
Criminology
1. Introduction:
Definition, Evaluation, Nature, Scope, Subject-matters, Utility.
2. Scientific study of Criminology:
Scientific status of criminology / Research methods- Survey of statistical data on
crime- Survey of statistical data on criminals- Individual case study method-
Intimate observation method- Explanatory method on available cases- Experimental
method- Option survey method- Historical method- Comparative method.
3. Schools of Criminology
Pre-classical School-Classical School- Modern Positivist School- New Classical
School- Geographical School- Sociological School-Sociological School- Islamic
Concept.
4. Ideology of Crime
Biological approach-Psychological approach- Economic approach-Sociological
approach-Geographical & Ecological approach-Institutional and Multiple factory
theory.
5. Crime and Criminals
The concept of crime- Historical context- Legal definition of crime- Sociological
definition of crime- Characteristics of crime Nature and scope of Criminology-
Islamic concepts.
6. Juvenile Crime
Definition, Nature and Scope-Juvenile delinquent, Causes-Treatment and welfare-
The concept of case- Justice and Punishment-International and National Perspective-
Juvenile courts- Islamic concept of Juvenile Crime- Justice ad Punishments of
Juvenile in Islam.
7. White Collar Crime
Definition- Nature-Characteristics-Causes and Criticism of white-collar crime-
Justice and punishment.
8. Penology
Punishment - Definition, Aims and objects Justification-Classification of
Punishment-Limitation of Punishment- criticism of punishment- Modern trends on
Punishments-Islamic theory of Punishment, criticism.
9. Crime Control and Public Policy
Formal and Informal mechanisms- Role of police- Criminal Justice- Role and impact
of criminology research- Crime control in State.
10. Sexual Offences
Causes of Sexual delinquency, Remedial measures, Incest, Homo-Sexual,
Prostitution and its problems. Protection of women against possible sex harassment,
Abortion, Laws relating to abortion, Sex Offences under Bangladesh Penal Code,
Concluding observations.
2
11. Alcoholism, drug Addiction and Crime. Maia Causes of drug addiction classification
of drug abuse classification drugs under `Madok Drobya Nigontron Ain. 2000.,
National and International Perspective of the Problems, drug addiction and crime.
Measures to control alcoholism and drug addiction. Enforcement Agencies.
Remedial measures.
12. Recidivism.
Who is a recidivist?
Cases of recidivism, Recidivistic offenders, Measures to combat Recidivism.
Recidivism in Bangladesh; Prevention of Recidivisms.
Books Recommended:
Al-Quran
Books of Hadiths.
Bart, Cyrit Young Deliquent
Bonger, W A An introduction of Criminology.
Chieek, E & S Unraveling Juvenile Delinquency
Hays, John Crime and the Social Structure
Healy, S & Eronnet, A F New Light on Delinquency and Its Treatment
Jones, Howard Crime and the Penal System
Keeton, B Social Science and Social Pathology
Stott, D H Delinquency and Human Nature.
Sutherland, E. H Principle’s of Criminology
Reid, Sue Titus Crime and Criminology, (8th
ed.), USA, Mc. Graw
Hill, 1996
Lilly, Robert J et al Criminological Theory, (2nd
ed.), Sage Publications,
1995
Vogit, Lydia et al Criminology and Justice, Mc. Graw Hill Series, 1994
Devasia, V V & Devasia,
Leelamma
Criminology, Victimology & Corrections, Ashish
Publication House, India, 1992
Paranjape, V N Criminology and Penology, (8th
ed.) 1994
H. Mammheim
Cooperative Criminology (should be checked)
The Children Act. 1974 & Children Rules 1976.
The Probation of Founders Ordinance, 1960.
3
Course No. 502
Comparative Legal Theory
1. Conceptual Issues :
a) Approach to the subject from a comparative perspective.
b) The Legal Theories Compared in the paper: Islamic Legal Theory, Hindu Legal
Theory and western Jurisprudence
2. Division of Law: a) Islamic Law
b) Hindu Law.
c) Western Jurisprudence
3. Development of Law:
a) Islamic Law
b) Hindu Law.
c) Western Jurisprudence
d) Unity and diversity in this theory.
4. Branches of Law:
a) Islamic Law
b) Hindu Law.
c) Western Jurisprudence
5. The Role of Lawyers and Justice:
a) Islamic Law
b) Hindu Law.
c) Western Jurisprudence
6. Applicability of Law:
a) Islamic Law
b) Hindu Law.
c) Western Jurisprudence
7. Interpretation of Law:
a) Islamic Law
b) Hindu Law.
c) Western Jurisprudence
8. Any other necessary topic the course teacher may find necessary.
Books Recommended: W. Freedman Legal Theory
D.I. Loyd. Dence. Introduction to Jurisprudence
Salmond. Jurisprudence
K.P. Chakravaty Jurisprudence & Legal theory
A.A. Qadri Islamic Jurisprudence in the modern World
A. R. Rahim Muslim Jurisprudence
Av: Inve Lvjvd Bmjvgx AvB‡bi msw¶ß BwZnvm
W: ûmvBb nvwg` nvmvb Avj-gv`Lvj (Aviex
Principles of Hindu Law
cÖ‡dmi G. e`i DwÏb| wn›`y AvBb
knx` Avn&‡g` †PŠayix, gymwjg AvB‡bi BwZnvm, (XvKv: evsjv GKv‡Wgx),
4
2004|
Course No. 503
Law of International Organizations
1. General Characteristics of International Organization:
Definition- nature- importance-international law and international organizations-
general questions of international organization and other legal aspects of international
organization- legal foundation of establishment of international organization- organic
structure of international organizations-state sovereignty and international
organizations-legal personality of international organization- membership of the
organizations-decision making by the organizations.
2. History of the International Organizations:
Organizations of the ancient time-rise of modern international organizations- the
League of Nations and its failure.
3. United Nations Organizations:
Formation-objectives-ideals-principal organs of the UN- General Assembly- Security
Council- Economic and Social Council- Trusteeship Council- International Court of
Justice- United Nations program and their value-United Nations Peace Keeping
force-law relating to issues with reference to the United Nations Membership-
international personality- financing- decision-making in the General Assembly and
Security Council- the problems of the United Nations and its failure.
4. The Specialized Agencies of the United Nations:
Nature of specialized organizations-relationship with the UN-formation and functions
of different specialized agencies
5. The International Criminal Court (ICC):
Historical background of the ICC- Composition and Jurisdiction of the ICC-
Appointment and qualifications of the Judges of the ICC.
6. Regional organizations:
General characteristics-objectives and functions of the regional organizations-
classification of their organizations-some of the significant present day regional
organization-Arab League- Organization of American States (OAS)- Organization of
African Unity (OAS)- European Union (EU)- Council for Mutual Economic
Assistance (COMECON)-European Free Trade Association (FFTA)- Organization
for Economic Co-operation and Development (OECD)-Association of South-Asian
Nations (ASEAN)- South Asian Association for Regional Co-operation (SAARC)-
Gulf Co-operation Council (GCC), D-8.
7. Military Organizations:
North Atlantic Treaty Organization (NATO)- Warsaw Pact- West European Union-
Anzus Council.
8. Some Special kinds of International Organizations:
5
Commonwealth- Afro-Asian Solidarity Conference- Organization of the Islamic
Conference (OIC)-Non-Aligned Movement- G-7.
Books Recommended:
Brownlie, Ian Principles of Public International Law
Bowatt, D W The Law International Institutions (New York:
Frederick A Prager), 1963
Chariston, K. S. Law and Organization in World Society, (Urdans:
University of Illinois Press), 1962
The Process of International Arbitration (New York:
Columbia University), 1945
Hudson MO International Tribunals –Past and Future,
(Washington DC: Chemegic Endowment for
International Peace and Breakings), 1944
The Permanent Court of International Justice, (New
York: Macmillan), 1943
Dier, J The OAS: An Hemispheric Crisis, (New York: Council
on Foreign Relation), 1962
Hanton, J Latin American and the United Nations (New York:
Chemegic Endowment for International Peace), 1958
Alam, Dr. Shah AvšÍR©vwZK msMVb, (XvKv: evsjv GKv‡Wgx),
Fazal, Abul AvšÍR©vwZK AvB‡bi g~j `wjj
6
Course No. 504
Human Rights
1. Concept and Historical Development
The concept of human rights- importance of human rights-classification of human
rights-fundamental rights- legal rights- fundamental - principles of state policy- their
comparison- ways of violation of human rights- historical development of human
rights; Development of Human Rights in Europe, America and France – human
rights before and after WWII
2. International Human Rights Instruments
UN Charter- Universal Declaration of Human Rights (UDHR)- International
Covenant on Civil and Political Rights (ICCPR)- International Covenant on
Economic Social and Cultural Rights (ICESCR)-Elimination al All Forms of Racial
Discrimination-The Declaration on Friendly Relations and Co-operation Among
States – Decolonization.
3. Regional Human Rights Instruments
European Convention on Human Rights (ECHR)- European Court of Human Rights
-European Social Charter-American Convention on Human Rights (ACHR)-Inter
American Commission & Inter American Court and African arrangement on Human
Rights.
4. Self-Determination
People‟s Rights of self determination- Peoples and Minority -The Principle of Equal
Rights and Self-determination of Peoples-The Selfhood of the People of Bangladesh-
Colonial Self-determination and the emergence of Bangladesh-Declaration of
Independence of Bangladesh Secessionist self determination of people versus the
territorial integrity of states- Legal grounds of Secession of Bangladesh from Pakistan
in the eye of International Law.
5. Human Rights in Islamic Law
Concept of human rights in Islam-Last Speech of the Prophet Muhammad (SM)-
6. Preventative Detention and Human Rights
Definition and necessity of Preventive Detention-Preventive detention & Punitive
detention -Preventive detention in Bangladesh.
7. Human Rights in Bangladesh
Fundamental Principles of State Policy-Fundamental Rights–Classification -
enforcement – Role of „Writ‟ in enforcing fundamental rights- classification of writ-
An assessment of the Special Powers Act of 1974 in the light of Human Rights
norms.
8. Contemporary Human Rights Violation Situations
Asia, Europe-North America-South Africa-Latin America-Middle East-External
Supported assistance for preventing violation of human rights.
9. Human Rights and NGOs
Classification – Role of NGO in preserving human rights- Bangladesh NGOs in
preserving human rights.
7
Books Recommended:
Brownlie Basic Documents on Human Rights, London:
Clarendon Press, 1971.
Buchheit L. Secrasion The Legitimacy of Self-determination, London, Yale
University Press. 1978.
Buergental, Thomas International Human Rights, Washington DC.
Gaji. M. International Protection of Human Rights, Geneva: E.
Droz, 1962.
Grawford J. The Creation of States in International Law, London:
Clarendon Press, 1979.
Joyce, A J A The New-Politics of Human Rights, London, Yale
University Press, 1973
Human Rights: International Documents, Vol. I–3,
New York: Uceana, 1979
Kalaya, A B Human Rights in International Law, New Delhi, 1986
Lauterpatch, H. International Law and Human Rights, London,
Gerland Pub. Ine 1972
Medougal M. H. Lasswell
and L. Chen,
Human Rights and World Public Order, London: Yale
University Press, 1980.
Moskoowitz. M. International Concern with Human Rights, New York:
Oceana, 1974.
Ramcharan Human Rights: Thirty Years after Universal
Declaration, London, 1979
Saxena J. Self Determination: From Biafra to Bangladesh, N.
Bombly: N.M. Tripathi, 1978
Umozuplke Self-determination in International Law, Archon
Books, 1972
Zamir, Muhammad Human Rights
W. ‡iev gÛj I W. ‡gv.
kvnRvnvb gÛj
gvbevwaKvi AvBb msweavb Bmjvg GbwRI, mvgQ
cvewj‡KmÝ, XvKv, 2009|
8
Course No. 505
Muslim Law of Succession
1. Introduction
Definition of Islamic Law-definition of a Muslim- characteristics of Muslim law of
succession- importance of succession law in Islam.
2. Various Schools of Islamic Law
Sunni School: (i. The Hanafi Shool ii. Maliki School iii. Shafei School iv. Humbali
School)- Shia School: (i. Ithna Asharia ii. Ismailia iii. Zaidiyya)- modern reforms of
shariah law.
3. Sources of Muslim Law of Succession
The Quran- arrangement of the Quran-compilation of Quran-subject matter of the
Quran; Sunnah or Hadith- distinction between Sunnah and Hadith- arguments in
favour of Hadith-classification of Hadith; Ijma or consensus of opinion; Qiyas or
analogical deduction; other subsidiary sources- istihsan or juristic equity- istislah or
public good-istidlal.
4. General Principles of Islamic Law of Inheritance
Excellence of Islamic law of inheritance- heritable property-opening of succession-
doctrine of representation- persons excluded from the right of inheritance- kinds of
heirs - primary and fundamental heirs- dual capacity-right of a divorcee to inherit
from the property of the husband who divorce during marz-ul-maut- degrees of
heirs- classification of the law of inheritance- right of succession of missing person
(mafkud)- right of an unborn child to inheritance-death in common calamity.
5. Wakf
Kinds of wakf-subjects of wakf-objects of wakf- creation of wakf- powers and
functions of the wakf administration under the Wakf Ordinance.
6. Will or Wasiyat
Concept of will-definition-object and purpose of wasiyat-qualification of a testator-
wasiyat during marz-ul maut- form of will-three main principles of will-obligatory
bequest-the rule of obligatory bequest in the Middle East.
7. Gift
Significance of gift-definition of gift-essential conditions of a valid gift-gift by
husband to wife-gift to a minor by father or other guardian-gift to donee in
possession- gift in favour of an unborn person-gift in favour of a child in the womb-
gift to a non Muslim- gift during Marz-ul-Maut (death illness)- revocation of gift-
hibabil iwaz-hibabil shartil iwaz-distinction- obligatory gift
8. Sunni Law of Succession
Explanation of some terms-classification of heirs- allotment of shares- doctrine of
awal-doctrine of radd- distant kindred- Muslim system of inheritance in Bangladesh-
comparison between the entitlement of Muslim men and women.
9. Reforms in the traditional system of priorities.
10. Grandfather And Collaterals in Competition.
11. Parents in competition with a spouse relict: (the Umariyyatan)
12. Germanes and uterines in competition: the “Case of the Donkey” or al-
Himariyya.
13. The effect of Tasib: The cases of the “Lucky and Unlucky Kinsman”.
9
14. Shia Law of Inheritance
Sharers and residuaries in Shia law-table of sharers- principles of distribution of
property-rules of succession-exceptions to the rules.
15. Recent Development in Law of Succession on wills and gifts and so on.
Books Recommended:
Abdur Rahim, AFM Institutes of Musalman Law, Calcutta, 1907
Ameer Ali, Syed The Law Relating to Gift, Trust and Testamentary
Disposition among the Mohammedans, Calcutta 1885
Mohammedan Law in 2 vols, Calcutta, 1929
Anderson, J N D Islamic Law in the Modern World, New York, 1919
Law Reform in the Muslim World, London, 1976
Baillie, Neil B E A Digest of Mohammedan Law, London, 1975
Coulson, N J Succession in the Muslim Family (London:
Cambridge), 1971
A History of Islamic Law, (Edinburgh: ), 1964
Fyzee, A A A Outlines of Mohammedan Law, London, 1954
Cases in the Mohammedan Law of India and Pakistan,
Oxford, 1965
Ghose, A C Dissolution of Muslim Marriages Act, 1939, Calcutta,
1962
Mahmood, Tahir Family Law Reform in the Muslim World, New Delhi,
1972
Serajuddin, Alamgir
Muhammad
Shari’a Law and Society: Tradition and Change in the
Indian Sub-continent, Dhaka, 1999.
Shaukat, Mahmood Muslim Family Laws Ordinance, Lahore, 1969
Uddin, Muhammad Faiz A Text Book on Islamic Law (including Statutory
Family Law, Shams Publications First Edition April,
2008
ingvb, †gv.nvweeyi gymwjg AvBb 1g I 2q LÛ, ivRkvnx,
The Islamic University Studies, The Faculty of Law
and Shariah, Vol. 2, No. 1.
Bmjvgx AvBb I wePvi, BmjvwgK jÕ wimvP© †m›Uvi
GÛ wjM¨vj GBW evsjv‡`k|
10
Course No. 506
Law on Good Governance 1. Introduction
Meaning and Importance of Law on Good Governance- Concept of Good
Governance-Development of Good Governance Law- Basic Tenants of Good
Governance- Transparency, Accountability, Empowerment and Participation, Rule of
Law, Decentralization, Fair and Independent Judiciary, Effective Parliament,
Ombudsman, Anti Corruption Commission, National Human Rights Commission,
Civil Society etc-Challenges of Good Governance in Bangladesh
2. Decentralization in Bangladesh
Concept of Decentralization- Decentralization vs. Autonomy, Decentralization vs.
Centralization-Decentralization in Development sector- Administrative
Decentralization- Political Decentralization- Financial Decentralization- Legal
Mechanism of Decentralization
3. Empowerment and Participation
Concept of Empowerment and Participation (Gender Based Participation and
Marginalized People Participation)-Gender Based Participation: Participation in
Political Sector, Participation in Development Sector, Policy and Legal Framework of
Gender Participation, Judicial Trends - Marginalized People Participation:
Participation in Political Sector, Participation in Development Sector, Policy and
Legal Framework of Marginalized People‟s Participation, Judicial Trends
4. Transparency and Accountability
Concept of Transparency and Accountability- Mechanism of Transparency and
Accountability- Bureaucratic and Political Transparency and Accountability- Right to
Information - Concept of Free Press and Legislative Limitations- Counter Measure
for Accountability and Transparency
5. Rule of Law
Component of Rule of Law- Rule of Law and Good Governance
6. Fair and Independent Judiciary
Concept of Fair and Independent Judiciary- Component of Independent Judiciary-
Role of Independent Judiciary in Good Governance
7. Corruption and Anti Corruption Commission
Impact of Corruption in Enforcement of Rule of Law and Fair Justice- Anti
Corruption Legal Framework in Bangladesh- Role of Anti Corruption Commission to
Combat Corruption- Judicial Process to Combat Corruption
8. Parliamentary Mechanism to Ensure Good Governance
Role of Parliament in Governance- Parliamentary Democracy and Oversight
Mechanism- Present Challenges of Parliament on the Way to Ensure Good
Governance
9. Civil Society
Concept of Civil Society in Modern Context- Role of Civil Society in Governance-
Democratization Process and Civil Society
10. Non State Actors as a Mechanism to Ensure Good Governance
11
Books Recommended:
Ali Akkas, Sarkar Independence and Accountability of Judiciary,
(Dhaka: Centre for Rights and Governance, 2004)
Barenstein, Jorge Overcoming Fuzzy Governance in Bangladesh (Dhaka
: UPL , 1994)
Chopra, S.K. (ed.) Towards Good Governance, (Delhi: Konarak
Publishers, 1997)
Hye, Hasnat Abdul (ed.) Governance- South Asian Perspectives, (Dhaka:UPL,
2000)
Islam, Mohammad Johurul “Good Governance and the Role of Parliament in
Bangladesh: Challenges and Prospects,” Unpublished
Ph.D. Thesis, Department of Law, Islamic University,
Kushtia, 2005.
Islam, Dr. Mohammad
Johurul
“Introduction to the Law on Good Governance in
Bangladesh”, (yet to be published)
Panandiker, V.A. Pai (ed.) Problems of Governance in South Asia, (Dhaka: UPL,
2000)
Rahman, Mizanur Human Rights and Good Governance, (Dhaka:
ELCOP, 2004)
Siddiqui, Kamal Towards Good Governance in Bangladesh, (Dhaka:
UPL, 1996)
Silva, De KM (ed.) Problems of Governance, (Delhi: Konarak Publishers,
1993)
Sobhan, Rehman Problems of Governance in Bangladesh, (Dhaka :
UPL , 1993)
Verma, S and Kim, J The Modes of Democratic Participation, (London:
Sage Publications, 1971)
Wood, G Good Governance in Bangladesh, Exploring the Link
between Governance and Poverty Elimination,
(University of Bath: Centre for Development Studies,
1998)
World Bank Corruption in Bangladesh- Cost and Cures, (Dhaka:
World Bank, 2000)
The Constitution of the People‟s Republic of
Bangladesh, 1972
Local Governance Laws and Regulations
Civil Service Laws and Regulations
Laws Relating to Corruption in Bangladesh
International Convention on Prevention of Corruption
12
Course No. 507
International Humanitarian Law
1. Introduction
Historical background-origin and development of IHL with reference to South
Asian perspective- definition and purpose of IHL-IHL as a branch of international
law-fundamental distinction between jus ad bellum and jus in bello-sources of
IHL-Development of the 1949 Geneva Conventions and 1977 Additional
Protocols- fundamental rules of IHL-definition of armed conflict-international vs.
non international armed conflicts- categories of persons under IHL.
2. Protection of Victims of Armed Conflict
General obligations of humane treatment-rights and obligations of occupying
powers- combatant status- protection of prisoners of war.
3. IHL and International Human Rights Law
Difference and Complementary-application of IHL by human rights law.
4. Controlling the Means and Methods of Warfare
General limitations on the conduct of war-civilians and the rules of distinction-
international law of disarmament vs. IHL weapons prohibitions and restrictions-
protection of cultural property and the natural environment.
5. IHL Applicable to Non-International Armed Conflict
Application of common Article 3 of the Geneva Conventions- Legal situation of
belligerents during Non-International Armed Conflict.
6. Implementation and Enforcement of IHL
Implementation of IHL and the responsibility of states-state responsibility for
violations of IHL- War Crimes Tribunals and other international enforcement
mechanisms- domestic courts and tribunals- problems with enforcement of IHL at
the National and International level.
7. International Committee of the Red Cross
Role of ICRC in the development and implementation of IHL-the emblem of the
ICRC-provision on dead and missing-the other emblems concerning protection in
specific contexts: cultural property, civil defence, installation containing
dangerous forces, flag of truce.
8. ICC and IHL
The advisory opinion on the legality of the threat or use of nuclear weapons.
9. International Responsibility
13
Compensation-Reprisals and their limits- responsibility of individuals for war
crimes- concept and contents of war crime-prosecution of war crime-universal
state jurisdiction
Books Recommended:
Balachandran, M.K (ed.) Introduction to International Humanitarian Law,
ICRC, New Delhi, 1997
Bello, Emmanuel African Customary Humanitarian Law, Geneva, 1980
Cassese A (ed.) The Humanitarian Law of Armed Conflict, Nepal,
1979
Dinstein, J The Conduct of Hostilities under the Law of
International Armed Conflicts, Cambridge University
Press, Cambridge, 2004
Gasser, Hans-Peter Prohibition of Terrorist Acts in International
Humanitarian Law, International Review of the Red
Cross, 1986
Henckaerts J.M and
Doswald Beck
Customary International Humanitarian Law,
Cambridge University Press, ICRC, Geneva 2005
Pictet J. Development and Principles of International
Humanitarian Law, Geneva, 1985
Sassoli M and A A Bouvier How Does Law Protect in War?, vol. I, II, 2nd
ed,
ICRC, Geneva, 2006
International Law Concerning the Conduct of
Hostilities, Geneva, 1996
Respect for International Humanitarian Law, Geneva,
1999
14
Course No. 508
Principles of Civil Litigation
1. Introduction: Nature of Civil Procedure – system of trial and procedure in
Bangladesh – minimum requirement for procedural rules – definition of
litigation –contrast between civil and criminal litigation and procedures effect of
difference between civil and criminal procedure.
2. Nature of Civil Litigation: Legal aspect – non-justifiable disputes or questions
– character of litigable disputes – summary, disposal of non-litigable disputes –
preventive justice; social and economic aspects – social pressures against
litigation – social interest in litigation.
3. Structure and organization of civil Courts – Principles for organization,
centralization and decentralization – special jurisdiction courts- appellate courts.
4. Pre-trial Procedure: Commencement of proceedings – parties – cause of action
– claim and counter claim interpleaded suits Discovery and interrogatories –
commissions – local inquiry and investigation; Interlocutory matters – framing
of issues – adjournments – preparation of a case – no surprise at the times of trial
– control by the Court over proceedings; Procedure at trial- presentation of the
case – Court sponsored pre-trial mediation.
5. Post Trial Stage: Appeals and Execution – procedure for appeal – review –
remand and revision organization and jurisdiction – limits of jurisdiction for
executing court – restitution – simplification of the procedure.
6. Costs: Cost should follow the event – compensatory costs – justification for
costs – legal aid for litigants.
7. Suits in Particular Cases: Special procedures.
8. Suits by or Against Government officials – aliens – foreign rulers and envoys –
minors – persons of unsound mind representative suits – pauper suits.
9. Remedies in Civil Litigations: Declaration – recovery of money – recovery of
possession – rectification – cancellation of documents – specific performance –
injunctions – arrest detention and imprisonment – attachment and sale of
property.
10. Civil Litigation before tribunals (other than law courts):
Nature and jurisdiction of statutory tribunals – procedures before tribunals –
Nature of statutory jurisdiction, arbitration, supervisory jurisdiction of courts
over tribunals.
11. Role of judges and lawyers in the process of adjudication –legal profession –
legal education – public participation in the process of administration of civil
justice – judicial activism – Public Interest Litigation (PIL).
15
Books Recommended:
J. A. Jolowicz –On Civil Procedure, Cambridge University Press
I. H. Jacob – International Perspective on Civil Justice
Joseph M. Jacob – Civil Justice in the Age of Human Rights, Ashgate, 2006.
C. Sinha – Indian Judiciary in Making
D. F. Mulla – Civil Procedure Code (vol. I &II)
Rao – Civil Procedure Code
Fazal – Judicial Control of Administrative Actions (Selected chapters)
Mulla & Pollack – Specific Relief Act
Supreme Court Rules
Civil Rules and Orders (CRO)
H. M. Islam Code of Civil Procedure
The Civil Court Manual
16
Course No. 509
Intellectual Property
A. Patent
General provisions; Patent office; Patentability; Right to patent; Naming of inventor
Patent Application; Examination of Application; Grant of patent; Rights and obligations
of owner of patent; Duration of patent and Annual fees; Contractual licenses; other kinds
of patents; Infringement & Remedies.
B. Trademarks
Definition of Trademarks, Functions of Trademarks; Economic importance of
Trademark; Reasons for protecting trademarks; Equitation of Trademark Rights;
Infringement of Trademarks; Forum for Redress.
C. Copyrights
Origin and development of copyright Law; Standards of copyright ability;
Copyrightable subject matter; Non-copyrightable subject matter Rights protected by
copyright. The general exclusive rights; Procedures for obtaining copyright; Ownership
and conveyancing of copyrights.
Ownership and conveyancing of copyrights; Copyrights infringement; Fair use,
Remedies.
Enacted laws, International conventions and recommended Book for reference.
Economic Tort:
Nature of Economic Tort-Unlawful means-Conspiracy Interference with contrace –
Unlawful competition.
Enacted Laws:
Patents and Design Act, 1911
Patents and Design Rules, 1963
Trademarks Act, 1940
Trademarks Rules, 1962
Copyright Act, 2000
Universal copyright conventions, 1952
International Convention:
Paris Convention for the Protection of Industrial Property of March 20, 1883. Madrid
Agreement Concerning the International Registration of Marks of April 4, 1891. Berne
convention for the protection of literary and Artistic works of 1866. Universal Copyright
Convention, 1952 (Concluded in Geneva).
Books Recommended: 1. P. Narayanan – Intellectual Property Law, Eastern Law House, India.
2. Abdul Wahid Chandhury- Manual of Trademarks, Merchandise & Patent & Design 2000;
Nadeem Law Book House, Lahore.
3. Blanco white, T.A. – Law of Trademarks & Trade names, 1966, W Sweet and Maxwell,
London.
4. Bogsch, Arped – Universal copyright convention, an analysis and commentary, New York,
Booker, 1956.
5. Heydon J. C. Economic Tort, Butter Worth, Australia.