CS_EP :: Executive Programme Paper 1 : General and Commercial Laws [One paper: Three Hours – 100 marks] Level of Knowledge : Working knowledge. Objective . . . To provide to the students basic understanding of some of the general and commercial laws which have a bearing on the conduct of the corporate affairs. Contents . . . 1. Constitution of India Broad framework of the Constitution of India; fundamental rights; directive principles of state policy; ordinance making powers of the President and the Governors; legislative powers of the Union and the States; freedom of trade, commerce and intercourse; constitutional provisions relating to State monopoly; judiciary; writ jurisdiction of High Courts and the Supreme Court; different types of writs - habeas corpus, mandamus, prohibition, quo warranto and certiorari; Concept of delegated legislation. 2. Interpretation of Statutes Need for interpretation of a statute; general principles of interpretation — internal and external aids to interpretation; primary and other rules. 3. An Overview of Law relating to Specific Relief; Arbitration and Conciliation; Torts; Limitation and Evidence. 4. Law relating to Transfer of Property Important definitions; movable and immovable property; properties which cannot be transferred; rule against perpetuities; lis pendens; provisions relating to sale, mortgage, charge, lease, gift and actionable claim. 5. Law relating to Stamps Methods of stamping; consequences of non-stamping and understamping; impounding of instruments; construction of instruments for determination of stamp duty payable; adjudication; allowance and refund; penal provisions. 6. Law relating to Registration of Documents Registrable documents - compulsory and optional; time and place of registration; consequences of non-registration; description of property; miscellaneous provisions. 7. Information Technology Law — An Overview Important terms under Information technology legislation; digital signatures; electronic records; certifying authority; digital signature certificate; Cyber Regulation Appellate Tribunal; offences and penalties. 8. Code of Civil Procedure Elementary knowledge of the structure of civil courts, their jurisdiction, basic understanding of certain terms - order, judgement and decree,stay of suits, res judicata, suits by companies, minors, basic understanding of summary proceedings, appeals, reference, review and revision. 9. Criminal Procedure Code Offences; mens rea, cognizable and non-cognizable offences, bail, continuing offences, searches, limitation for taking cognizance of certain offences. 10. Law relating to Right to Information Salient features of the Right to Information (RTI) Act, 2005; Objective; Public Authorities & their obligations ; Designation of Public Information Officers (PIO) and their Duties; Request for obtaining information; Exemption from disclosure; Who is excluded; Information Commissions (Central & State) and their powers; appellate authorities; penalties; jurisdiction of Courts; Role of Central/State Governments. Readings Title Author Publisher Relevant Bare Acts General Laws and Procedures N.D.Kapoor & Rajni Abbi Sultan Chand Constitution of India Durga Das Basu Prentice Hall of India General and Commercial Laws Taxmann’s Taxmann Publication References Title Author Publisher Mulla on the Transfer of Property Act. 1882 A.M.Satalvad N.M.TYripathi Civil Procedure Code M.P.Tandon Allahabad Law Agency The Law of Specific Relief Dr.S.C.Banerjee Law Book Company The Law of Torts Ramaswamy Iyer N.M.Tripathi V.N.Shukla’s the Constitution of India Dr.D.K.Singh(Ed.) Eastern Book Company Indian Trusts Act, 1882; Revised by Dr.R.G.Chaturvedi N.Suryanarayana Iyer Law Book Company Elements of Law of Evidence V.P.Sarathi Eastern Book Company Law of Limitation V.G.Ramachandran Eastern Book Company Principles of Statutory Interpretation G.P.Singh Wadhwa Publishing Company Law of Arbitraion and Conciliation S.K.Roy Chowdhary & H.K. Saharay Eastern Law House Code of Criminal Procedure Eastern Book Company Kelkar’s Lectures on Criminal Procedure Dr.K.N.Chandrasekharan Pillai Eastern Book Company Interpretation of Statutes B.M.Gandhi Eastern Book Company Civil Procedure C.K.Takwani Eastern Book Company Law of Transfer of Property Vepa P.Sarathi Eastern Bookk Company Torts Ed.by WVH Rogers Winfield and Jolowicz Sweet and Maxwell Law of Contract and Specific Relief Avtar Singh Eastern Book Company Journals Title Author Publisher Student Company Secretary (Monthly) The ICSI, New Delhi-110 003 Chartered Secretary (Monthly) The ICSI, New Delhi-110 003 All India Reporter All India Reporter Ltd., Congress Nagar, Nagpur The Law of Torts Ramaswamy Iyer N.M.Tripathi Note: 1. Students are advised to read the above journals for updating the knowledge. 2. Students are advised to read/refer the latest editions of the books in the reading/reference lists. 3. Students are advised to read/refer the latest editions of the books in the reading/reference lists.
Posted on: Thu, 27 Jun 2013 07:49:24 +0000
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