CORPORATE LAW I

Course outline (2022)

Introduction

India has witnessed tremendous economic development in the last one decade. Corporate sector
has grown at a very high pace and the need to meet demands of corporate sector for globalization
with improved corporate governance in companies, Companies Act, 1956 was replaced by the
Companies Act, 2013. The new Companies Act, 2013 was passed by the Parliament and it
received the assent of the President of India on 29th August, 2013. The Companies Act, 2013
was notified in the Official Gazette on 30th August, 2013. The Act consolidated and amended
the law relating to companies. The initial debate was whether it will be possible for the new
Companies Act to be practically implemented? Companies and other stakeholders had shared
their doubts about important changes proposed by the new Act. In view of such opinions it was
anticipated that there will be frequent amendments in the Act. The Act has been amended
several times since 2013 and many major changes have been made.

The course has been designed to cater to the needs of the students of Bachelors in Corporate Law
and to inform them thoroughly of the current legal provisions regarding companies. This area of
law has been fast moving with frequent legislative changes to meet the needs of the day.

The students will be familiarized with the fundamentals of company law along with recent
developments in this area. Students will be able to understand the need for such modifications or
amendments. The course will broadly cover topics on corporate personality, registration and
incorporation of companies, memorandum and articles of association, prospectus and shares,
capital market in India, management of companies, kinds of companies, borrowing, lending and
investments by companies and winding up of companies including corporate insolvency. Basic
understanding of different types of business organizations is a pre-requisite for the course. This
course will lay foundation for understanding and developing expertise on issues relating to
securities.

All relevant cases including common law cases with cases decided under Companies Act will be
discussed.

Objectives

The objective of the course is to help students:

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  Understand about different business organizations and comprehend importance of company
form of business organization with its incorporation and administration;
 Learn about raising of capital by companies;
 Comprehend corporate management and governance;
 Understand different types of shareholders and their rights and liabilities;
 Learn about accounts and audit of companies with role of auditors;
 Understand different restructuring methods for companies under the Companies Act;
 Understand about business rescue proceedings and compromises;
 Know about remedies available to shareholders and others;
 Know the winding up process of companies

Methodology

Teaching methodology will include both lectures and class room discussions. Basic concepts will
be discussed in brief lectures followed by general and case discussions. Relevant recent cases
will be given to students for all topics after general understanding of the concepts for follow up
discussions. Students will be divided in groups for the purpose of discussions on cases. A student
of corporate law has to be abreast with knowledge about different companies, their strategies etc.
Therefore, special discussions will be organized for discussing newspaper articles/reports.
Project work will be assigned to students individually or in a team of two students.

Module One

Business organizations & Corporate Personality:

Module One introduces different types of business organizations for conducting a business.
Points of distinction between types of organizations will be highlighted. Except for company
form of organization all other types of organizations will be discussed in brief. Part will also
focus on registering and incorporating companies, persons involved in incorporation and
documents required for incorporation of companies.

a. Business Organisations and Corporate personality: Its nature, advantages &

disadvantages
b. Registration and incorporation of companies; special discussion on startup companies in
India
c. Objects and powers of companies
d. Internal administration of companies

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 e. Liability of companies on pre-incorporation contracts
f. Promoters and their position in family owned businesses in India, their position, duties
and liabilities
Cases:
1. Salomon v. A Salomon & Co. (1897) AC 22
2. Daimler Co Ltd v. Continental Tyre & Rubber Co Ltd
3. Lee v. Lee Air Farming Ltd. (1960) All ER 420
4. Ritcher Holding v. The Assistant Director of Income Tax (March 24, 2011)
5. State Trading Corporation v. CTO (1963) 33 Comp Cases 1057
6. In Re Kondoli Tea Co. Ltd (1886) ILR 13 Cal 43
7. Bacha F Guzdar v. CIT AIR 1955 SC 74
8. CIT v. LN Dalmia [1994] 207 ITR 89
9. Royal British Bank v. Turquand (1856) 619 ER 886
10. A Lakshmana Swami Mudaliar v. Life Insurance Corporation AIR 1963 SC 1185
11. Ashbury Railway Carriage and Iron Co. Ltd v Riche (1875) 44 LJ 185
12. New Horizons Ltd v Union of India, (1995) 1 SCC 478
13. Darius Rutton Kavasmaneck v. Gharda Chemicals Ltd, (2015) 14 SCC 277
14. Vodafone International Holdings BV v. Union of India, (2012) 6 SCC 613
15. Dhulia Amalner Motor Transport Ltd v Raychand Rupsi Dharmasi, AIR 1952 Bom 337
16. Subhra Mukherjee v Bharat Coking Lt, (2000) 3 SCC 312
17. State of Rajasthan v Goton Lime stone Khanji Udyog (P) Ltd, 2015 SCC OnLine Raj 780
18. Bhatia Industries and Infrastructure Ltd v Asian Natural Resources (India) Ltd, (2017)
201 Comp Cas 46(Bom)
19. Kelner v. Baxter [1866] LR 2 CP 174
20. Newborne v. Sensolid (GB) Ltd [1954] 1 QB 45
21. Erlanger v. New Sembrero Phosphate Co. (1878) LR App. Cas. 1278
22. In Re English and Colonial Produce Co. (1906) 2 Ch. 435
23. Jai Narain Parasrampuria v Pushpa Devi Saraf, (2006) 7 SCC 756
24. Kapila Hingorani v State of Bihar, (2003) 6 SCC 1
25. Balwant Rai Saluja v Air India Ltd, (2014) 9 SCC 407

Kinds of companies:

The Companies Act has given flexibility in the form of different kinds of companies for
conducting business. Businessmen can incorporate a suitable company as per their needs from
the options available. This Part also includes topics on meetings of company and decision
making by shareholders by passing resolutions.

a. Kinds of Companies
b. Meetings & Resolutions of shareholders

Cases:

1. Narendra Kumar Agarwal v Saroj Maloo, (1995) 6 SCC 114

2. Senator Hanseatische Verwattungsgesllseshaft MBH, re, (1997) IWLR 515
3
 3. HIH Casulty and General Insurance Ltd re, McMohan v McGrath, (2006) 2 ALL ER 671
4. Balmer Lawrie & Co Ltd v Partha Sarathi Sen Roy, (2013) 178 Comp Cas 297
5. LIC v Escorts Ltd, (1986) 1 SCC 264
6. Sree Meenakshi Mills Co Ltd v Registrar of Joint Stock Companies, AIR 1938 Mad 640
7. Indian Spg Mills Ltd v Lt General Madan, AIR 1953 Cal 355
8. Harben v Phillip, (1883) LR 23 Ch D 14
9. Challa Rajendra Prasad v Asian Coffee Ltd, (1999) 20 SCL 414
10. Claude- Lila Parulekar v Sakal Papers, (2005) 11 SCC 73
11. Vectone Entertainment Holding Ltd v South Entertainment Ltd, (2004) 2 BCLC 224 (Ch
D)
12. Woven Rugs Ltd, re, (2002) 1 BCLC 124

Module Two

Raising of capital:

Module Two focuses on raising of capital by a company for meeting its financial needs.
Different methods for raising finances, documents required and processes involved are included
in this part. When the company raises additional capital, formalities relating to alteration of
capital have to be complied with.

a. Share capital, its kinds, alteration and implications of alteration

b. Rights and liabilities of shareholders: shareholder engagement in companies
c. Raising of capital by listed, unlisted and private companies

Cases:
1. Sahara India Real Estate Corpn Ltd v SEBI (2013)1 SCC 1
2. Darius Rutton Kavasmaneck v. Gharda Chemicals Ltd, (2015) 14 SCC 277
3. Harinagar Sugar Mills Ltd v Shyam Sunder Jhunjhunwala, AIR 1961 SC 1669
4. Om Prakash Berlia, Unit Trust of India, (1983) 54 Comp Cas 136 (Bom)
5. Dinesh Sud v Stitchwell Qualitex (P) Ltd, 2013 SCC OnLine Del 3738
6. National Securities Depositories Ltd v Kamlesh Shah, (2013) 177 Comp Cas 131(Bom)
7. Sanghvi Bros Brokerage Ltd v SEBI, (2005) 2 Comp LJ 475
8. Vijay Kumar Narang v Prakash Coach Builders, (2005) 128 Comp Cas 976
9. Finolex Industries Ltd v Anil Ramchand Chhabaria, (2000) 26 SCL 233 Bom
10. K B Madhawan v Federal Bank Ltd, (2007) 135 Comp Cas 234 (CLB)
11. Anil Kumar Poddar v Futura Commercial P. Ltd, (2017) 201 Comp Cas 12 (NCLT)
12. Canara Bank v NTPC, (2001) 1 SCC 43
13. Yogam, Quilon, re, (1970) 40 Comp Cas 60
14. Tin Plate Dealers Assn Pvt Ltd v Satish Chandra Sanwalka, (2016) 10 SCC
15. Indian National Press (Indore) Ltd , re, (1989) 66 Comp Cas 563
16. Caldwell v Caldwell & Co, 1966 WN 70 (HL)
17. RS Livemedia (P) Ltd, re, 2014 SCC OnLine Del 1346
18. Nanalal Zaver v Bombay Life assurance Co, AIR 1949 Bom 56
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 19. Sangramsinh P Gaekwad v Shantidevi P Gaekwad, (2005) 11 SCC 314
20. Trevor V Whitworth, (1887) LR 12 AC 409
21. Essar steel Ltd, re, (2006) 130 Comp Cas 123
22. Nitin Mukund Sahasrabhijanee v Venus automation (P) Ltd, (2014) 186 Comp Cas 290
23. Aquagel Chemicals (Bhavnagar) P Ltd, re, C. P. No 45/66/NCLT/aHM/2017
24. Meena Steels, re, C. P. No. 137/2015
25. Kerala Housing Finance Ltd and Ors, re, WTM/PS/27/CFD/SrO-KLO/July/2015
26. New Burnswick Co. v. Muggeridge (1860) 3 LT 651
27. MS Madhushoodhanan v. Kerala Kaumudi Pvt Ltd. [2004] 9 SCC 204

Module Three

Corporate Management and Governance:

Role of directors have always been critical in the functioning of any company. This Module will
focus on appointment, position and powers of directors. Comparison will be drawn between
Common Law duties of directors and duties under the Indian law. Besides that, students will be
introduced to other key managerial personnel involved in the management of the companies.

1. Position, powers, duties and liabilities of directors

2. Exercise of powers by directors for effective governance through committees &
meetings
3. Role, duties and liabilities of Other Managerial personnel in companies
4. Company’s liability for officer’s crimes
Cases:
1. Derry v. Peek (1889) 14 AC 337
2. Coleman v Myers, (1977) 2 NZLR 225
3. Percival v Wright, (1902) 2 Ch 421
4. Peskin v Anderson, (2000) 2 BCLC 1
5. Allen v Hyatt, (1914) 30 TLR 444
6. Charanjit Lal Chodhury v UOI, AIR 1951 SC 41
7. Bath v Standard Land Co Ltd, (1910) 2 Ch 408
8. Regal (Hastings) Ltd v Gulliver, (1967) 2 AC 134(HL)
9. Cranleigh Precision Engineering Ltd v Bryant, (1965) 1 WLR 1293
10. State Trading Corporation v. CTO, AIR 1963 SC 1811
11. Trevor Ivory Ltd v Anderson, (1992) 2 NZ LR 517
12. Standard Chartered Bank v State of Maharashtra, (2016) 6 SCC 62
13. Briji Gopal Daga v State of Kerala, (2013) 181 Comp Cas 320
14. Renuka Datla v Biological E Ltd, 2015 SCC OnLine Hyd 118
15. Raj Sekhar Agarwal v UOI, 2015 SCC OnLine Del 12357
16. Hindustan Club Ltd v Pawan Kumar Jain, (2005) 64 SCL 65
17. K Khatim v Astrix Technologies (P) Ltd, (2016) 196 Com Cas 461
18. LIC v Escorts Ltd, (1986) 1 SCC 264
19. Jyoti Lal v Bharta J Patel, (2015) 14 SCC 566

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 20. Horse shoe Capital v Shakti Bhog Foods Ltd, CA 58/2015
21. Madhu Ashok Kapur v Rana Kapoor & Ors, S No 462/2013
22. Subrata Ghosh v Sabitendra Nath Roy, CS 78/2013
23. Bhardwaj Thuiruvenkata Venkatavraghavan v. Ashok Arora & Ors,, Appeal decided on
23.02. 2017
24. State Bank of Travancore v Kingston Computer (India) P Ltd, (2011) 11 SCC 524
25. Sridhar Sundrarajan v Ultramarine and Pigments Ltd, 2015 SCC OnLine Bom 3817
26. Commissioner v Vellappa Textiles Ltd, (2003) 11 SCC 405
27. ANZ Grindlays Bank v Directorate of Enforcement, (2004) 6 SCC 531
28. SEBI v. Ajay Agarwal AIR 2010 SC 3466

Module Four

Accounts and Auditing of companies:

This Module deals with distribution of dividends by a company, maintenance of accounts and
role of auditors. Auditors’ role has been highlighted in many corporate scams. Therefore, it is
essential for students to understand powers, duties and accountability of auditors towards the
shareholders and company in which they act as auditors. Company Law made their duties very
strict and now National Financial Reporting Authority is being set up in India which will be an
independent regulatory authority of auditing profession.

a. Shareholders’ right to Dividend

b. Directors’ responsibility statement and other duties in laying accounts before
shareholders
c. Duties and liabilities of auditors

Cases:

1. Lee v Neuchatel Asphalt Co, (1889) LR 41 Ch D 1

2. Verner v General and Commercial Investment Trust Co, (1894) 2 Ch 239
3. Hotel Queen Road P Ltd v Hill Crest reality SDN BHD, (2006) 130 Comp Cas 59 (Del)
4. Bacha F Guzdar v. CIT AIR 1955 SC 74
5. CIT v Express Newspapers Ltd, (1998) 3 SCC 106
6. Pradip Kumar Chetlangia v Bajaj Auto Ltd, (2005) 59 SCL 372
7. N Narayanan v SEBI, (2013) 12 SCC 152
8. Secy v SN Das Gupta, (1955) 25 Comp Cas 413
9. City Equitable Fire Insurance Co, re, 1925 Ch 407

Module Five

Business Rescue Proceedings and Compromises

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Module Six will introduce the concepts of mergers, amalgamations and corporate restructuring to
the students as covered by the Companies Act, 2013.

a. Compromises and arrangements with shareholders and creditors

b. Reconstruction and amalgamation (mergers and demergers) of companies
c. Cross border mergers

Cases:

1. In Re TCI Industries Ltd [2004) 50 SCL 45

2. SEBI v. Sterilite Industries (India) Ltd. (2003) 113 Com Cases 273; (2003) 45 SCL 475
(Bom-DB)

3. Arvind Mills Ltd. In re (2002) 37 SCL Guj 660

4. Miheer H. Mfatlal v. Mafatlal industries Ltd. (1996)4 Comp LJ 124

5. Hindustan Lever Employees Union v. Hindustan Lever Ltd.(1994) 4 Com LJ 267

Module Six

Remedies to stakeholders under Companies Act, 2013 and Insolvency and Bankruptcy
Code, 2016:

Decisions making by shareholders is through the mechanism of passing resolutions either by

simple majority or special majority. Sometimes majority exercises their powers in ignorance of
minority shareholders of the company which often result in oppression of minority or
mismanagement of the company. This module focuses on such important aspects of decisions
making by shareholders as well as informs students about remedies available to shareholders in
such circumstances. It also deals with methods of bringing an end to the life of a company and
provides understanding of winding up process and relevance of corporate insolvency.

a. Shareholders remedies in cases of oppression and mismanagement

b. Right of personal actions, derivative actions or class action suits of shareholders and
creditors
c. Striking off name of companies from Register of companies and its implications for
company, shareholders and creditors of the company
d. Winding up, its need, grounds and effect on shareholders, creditors and other
stakeholders

Cases:

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 1. Foss v Harbottle, (1843) 2 Hare 461
2. MacDougall v Gardiner, (1875) 1 Ch D 13
3. V N Bhajekar v KM Shinkar, AIR 1934 Bom 243
4. Bennett, Coleman & Co v UOI, (1977) 47 Comp Cas 92 (Bom)
5. Bharat Insurance Co Ltd v Kanhaiya Lal, AIR 1935 Lah 792
6. Menier v Hooper’s Telegraph Works, (1874) LR 9 Ch
7. Cook v Deeks, (1916) 1 AC 554
8. Jhajharia Bros Ltd v Sholapoor Spg and Wvg Co Ltd, AIR 1941 Cal 174
9. Glass v Atkin, (1967) 65 DLR (2d) 501 (Can)
10. Nagappa Chettiar v Madras Race Club, (1949) 1 MLJ 662
11. Needle Industries (India) Ltd. and Ors. vs. Needle Industries Newey (India) Holding Ltd.
and Ors
12. Rajahmundary Electric Supply Corpn Ltd v A Nageshwara Rao, AIR 1956 SC 213
13. Shanti Prasad Jain v Kalinga Tubes Ltd, (1965) 1 Comp LJ 193
14. Ishita Ghosh v JDS Technologies P Ltd, 2014 SCC OnLine CLB 151
15. Akkadian Housing and Infrastructure (P) Ltd v Pantheon Infrastructure (P) Ltd, 2015
SCC OnLine Bom 6355
16. Vikram Bakshi v Sonai Khosla, (2014) 15 SCC 80
17. Harshadbhai B Patel v Bhagirath Construction Co (P) Ltd, (2014) 185 Comp Cas 58
(CLB)
18. Rajni Sanghi v Western Indian State Motors Ltd, (2015) 16 SCC 631
19. Ramashankar Prasad V Sindri Iron Foundry (P) Ltd, (1966 1 Comp LJ 310
20. Ujwala N Jagdale v Jagdale Industries Pvt Ltd, C. P. 28/2016 NCLT -Bengaluru
21. Cyrus Investments P Ltd v Tata Sons Ltd, CA No. 133 and 139/ 2017
22. Seema Gupta v Supreme Infrastructure India Ltd, C. P. No 17/1 and BP/ NCLT/ 2017
23. Bimal kumar Agarwal v Aarti Sponge and Power Ltd, 2013 SCC OnLine CLB 10
24. Sanjivbhai Kirtibhai Patel v Biocare Remedies P Ltd, (2017) 203 Comp Cas 5 (NCLAT)
25. Caparo India Ltd. v. Caparo Maruti Ltd. [2007] 75 SCL 287

Cases:

1. Som Prakash Rekhi v. UOI

2. Ashbury Railway Carriage and Iron Co Ltd v. Riche
3. G.S. Mayawala and Ors. vs Motion Picture Association
4. In Re: Metal Box India Limited vs Unknown
5. M/S. Amit Products (India) Ltd vs Chief Engineer (O & M) Circle & Anr
6. Lee v. Lee Air Farming Ltd. (1960) All ER 420
7. Ritcher Holding v. The Assistant Director of Income Tax (March 24, 2011)
8. Indowind Energy Ltd. v. Wescare Ltd. 2010 SC 1793
9. Vodafone International Holdings BV v. Union of India [2010] 329 ITR 126
10. State Trading Corporation v. CTO (1963) 33 Comp. Cases 1057
11. In Re Kondoli Tea Co. Ltd (1886) ILR 13 Cal 43

8
12. Bacha F Guzdar v. CIT AIR 1955 SC 74
13. Kelner v. Baxter [1866] LR 2 CP 174
14. Newborne v. Sensolid (GB) Ltd[1954] 1 QB 45
15. Erlanger v. New Sembrero Phosphate Co. (1878) LR App. Cas. 1278
16. In Re English and Colonial Produce Co. (1906) 2 Ch. 435
17. CIT v. LN Dalmia [1994] 207 ITR 89
18. Radhakrishna Ananta Prabhu v. Siri Construction 1991 (3) Bom CR 351
19. Royal British Bank v. Turquand (1856) 619 ER 886
20. MRF Ltd. v. Manohar Parikkar [2010] 11 SCC 37
21. UP Rajkiya Nirman Nigam Ltd v. Indure Pvt Ltd AIR 1996 SC 1373
22. S. Dhawan v. Shaw Bros. (1992) 1 SCC 534.
23. A Lakshmana Swami Mudaliar v. Life Insurance Corporation AIR 1963 SC 1185
24. Ashbury Railway Carriage and Iron Co. Ltd v Riche (1875) 44 LJ 185
25. Union of India v. Allied International Products (1971) 41 Com Cases 127
26. Derry v. Peek (1889) 14 AC 337
27. Progressive Aluminium Ltd. v. RoC (1997) 89 Com Cases 147
28. Kishan Mehta v. Universal Luggage Manufacturing Co. (1988) 63 Com Cases 398
29. Delhi Cloth & General Mills Ltd. v. Union of India AIR 1983 SC 937
30. Madhubai Amathlal Gandhi v. Union of India AIR 1961 SC 21
31. Manjit Jaju v. RoC [2011] 105 SCL 704
32. Bhupinder Kaur Singh v. RoC [2010] 159 Com Cases 92
33. Kimsuk Krishna Sinha v. SEBI [2010] 155 Com Cases 295
34. Dharmendra Kr Lila v. RoC [ 2010] 104 SCL 275
35. SEBI v. Ajay Agarwal AIR 2010 SC 3466
36. Ritesh Agarwal v. SEBI [ 2008] 8 SCC 205
37. Messer Holdings Ltd v. Shyammadan Mohan Ruia [2010] 159 Com Cases 29
38. Western Maharashtra Development Corporation v. Bajaj Auto Ltd [2010] 154 Com
Cases 593
39. Chetan G Cholera v. Rockwool (India0 Ltd [2010] 155 Com Cases 605
40. MS Madhusudanan v. Kerala Kaumudi Pvt Ltd. [2004] 9 SCC 204
41. V B Rangraj v. V B Gopalkrishnan AIR 1992 SC 453
42. Khoday Distilleries Ltd v. CIT [2009] 1 SCC 256
43. Bajaj Auto Ltd. v. N K Firodia AIR 1971 SC 321
44. Sandvik Asia v. Bharat Kumar Padamsi [2009]
45. SEBI v. Sterlite Industries Ltd [2003] 45 SCL 475
46. Cosmosteels Pvt. Ltd. v. Jairam Das Gupta AIR 1978 SC 375
47. In Re TCI Industries Ltd [2004) 50 SCL 450
48. Caparo India Ltd. v. Caparo Maruti Ltd. [2007] 75 SCL 287
49. Lloyds Finance Ltd v. Emtex Industries Ltd [2003] 115 Com Cases 560
50. Indana Spices & Food Ind. Ltd. v. Indian Charge Chrome [1997] 89 Com Cases 570
51. Parag Tools Ltd. v. Official Liquidator (1984) 56 Com Cases 961
52. Standard Chartered Bank Ltd. v. Walker (1982) 3 All ER 938
53. Union of India v. Coorg Estates Ltd. (1963) 2 Com LJ 164
54. Dr. Lalit Surajmal Kanodia vs Office Tiger Database Systems
55. V.R. Nagappa Chettiar and Anr (Appellants). vs.The Madras Race Club
56. Nanalal Zaver and Anr v. Bombay Life Assurance Co Ltd

9
57. Needle Industries (India) Ltd. and Ors. vs. Needle Industries Newey (India) Holding Ltd.
and Ors
58. Dinesh Gandhi And Bakula Gandhi vs Bayer Diagnostics India Ltd
59. M/S. Ferrom Electronics Private Ltd. vs M/S. Vijaya Leasing Limited
60. Samayanallur Power Investment vs. Covanta Energy India (Balaji)
61. Derry v. Peek
62. Lillian n. Burg v. Max Horn & George Horn & Darand Realty Corporation.
63. Regal (Hastings) Ltd v. Gulliver

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 Environmental Law and Policy

Course Structure
for
Environmental Law and Policy

Prepared By-
Prof. Dr. Bharti
 Environmental Law and Policy

Index

1.) Introduction
2.) Aims and Objective
3.) Course outcome
4.) Teaching Methodology
5.) Course Outline
a. Module I- International Environmental Law
b. Module II- Introduction to Environmental Law and Policy in
India
c. Module III- Pollution Laws in India
d. Module IV- Forest, Wildlife, and Biodiversity
e. Module V- Coastal Regulations, Wetlands and Environmental
Impact Assessment
f. Module VI- Waste Management Law and Policy in India
g. Module VII- Disaster Management Law and Policy
h. Module VIII- Role of Judicial forums in the development of
Environmental Law in India.
i. Module IX - Contemporary Enviro- legal issues
 Environmental Law and Policy

1.) Introduction:-

“Environment” as a legal subject has gained considerable traction in the last few decades. In
the modern era there are numerous challenges at the global as well as local level such as
Climate change, loss of biodiversity, air pollution, scarcity and pollution of water, floods,
unprecedented rainfall variations, waste management etc.

At the global level, United Nations and other International organizations (including NGO’s)
have been working tirelessly in order to promote environmental protection and conservation.
Such perseverance towards protection of environment has certainly showed true potential as
firstly several important principles concerning our environment (such as polluter pays,
common but differentiated responsibilities, precautionary principle, inter as well as intra
generational equity etc.) have been adopted at the International level; secondly, numerous
Multilateral Environment Agreements (MEA’s) dealing with diverse issues pertaining to
environment have been negotiated and adopted in the global arena. Such principles and
MEA’s have long since served as an important hallmark in the development and efficiency of
Law to deal with environmental crisis at the International and domestic level.

As per the Environment (protection) Act, 1986, the term “Environment” is defined as that
which ‘includes water, air and land and the inter-relationship which exists amongst and
between water, air and land and human beings, other living creatures, plants, micro-
organisms and property.’ Environmental Law, thus, encompasses a wide spectrum of
different forms of ‘life’ and its inter-play with the natural conditions and surroundings. It has
within its purview control and correction of environmental pollution. Environmental
pollution, a negative fallout of rapid industrialisation, urbanisation, and now globalisation, is
sought to be protected in a proactive manner through preventive measures and in case of
damage to be compensated through remedial measures.

The Forty Second Amendment Act to the Constitution of India had introduced certain
ground-breaking provisions relating to environment. It incorporated Article 48A that directed
the State to endeavour to protect and improve the environment and to safeguard the forest and
wildlife of the country. Further, a duty was incorporated through Article 51 (g) that obligated
the citizens of India to protect the environment.
 Environmental Law and Policy

The legislative distribution of different components of environment between the Union, State
& Concurrent Lists is in accordance with their relative appropriateness to the issue at hand.
For instance, water, land, fisheries within state territory comes under the State list. Atomic
energy, oilfields and resources find mention in the Union list. Nomadic tribes, forest, wildlife
are in the Concurrent list.

A prolific span of statutory enactments has been put in place by the Parliament after the
landmark Stockholm Conference in 1972. The Water (Prevention & Control of Pollution) Act
1974, Air (Prevention and Control of Pollution) Act 1981 and Environment Protection Act
1986 were some of the prominent legislations promulgated by Parliament at different points
in time.

The evolution of laws in relation to environment progressed to taking into account current
issues and challenges that have increasingly emerged as part of modern-day developments.
For instance, Hazardous and other wastes (Management and Transboundary Movement)
Rules 2016, The Bio-Medical Waste Management Rules 2016, The Plastic Waste
Management Rules 2016, The E-waste (Management and Handling) Rules 2016 etc.

Another important aspect regarding the protection of environment has been the role of
Judicial forums. Indian judiciary has assumed the pro-active role of public educator1, policy
maker2, administrator3. In recent years, National Green Tribunal has also played an important
role in shaping the environmental policy in India.4

1
M.C Mehta v. Union of India AIR 1992 SC 382(court directions to broadcast and telecast ecology programmes
on the electronic media and include environmental study in school and college curriculum)
2
S. Jagannath v. Union of India AIR 1997 SC 811(directions prohibiting non-traditional aquaculture along the
coast): M.C Mehta v. Union of India AIR 1996 (2) SCALE 92 (court directions for the introduction of unleaded
petrol vehicles)
3
T.N Godavarman Thirumulkpad v. Union of India AIR 1997 SC 1228 (judicial supervision over the
implementation of national forest laws): M.C Mehta v. Union of India 1992(Supp.2) SCC 633 (directions in the
Ganga Pollution Case to riparian industries, tanneries and distilleries regarding abatement of pollution)
4
See,
 Aryavart Foundation Versus M/s Vapi Green Enviro Ltd. &Ors. (Original Application No. 95/2018);
 News item published in "The Times of India" Authored by Shri Vishwa Mohan Titled "NCAP with
multiple timelines to clean air in 102 cities to be released around August 15"(Original Application No.
681/2018);
 Westend Green Farms Society Versus Union of India & Ors. (Original Application No. 400/2017);
 News item published in “The Asian Age” Authored by Sanjay Kaw Titled “CPCB to rank industrial units
on pollution levels” (Original Application No. 1038/2018)
 Compliance of Municipal Solid Waste Management Rules, 2016 (OA 606/2018)
 Environmental Law and Policy

Keeping in mind the above scenario, the present course endeavors to enhance the knowledge
of students with respect to some of the key and emerging areas of environmental law and
policy at the national and international level.

2.) Aims and Objective:

The present course has been designed in view of following aims and objective:
 To outline the development of Environmental Law in the International arena
as well as in India.
 Identifying basic principles of International Environmental Law and their
application in India.
 Outlining national legal systems responsible for the establishment and
development of such principles.
 Analysing the efficacy of national environmental law in dealing with
environmental problems at the local level.
 Critically analysing the role of judicial forums in the development of
Environmental Law in India.
 Analysing contemporary issues pertaining environment locally.
3.) Course Outcome:

The present course shall provide the students with a thorough understanding of legal and
policy features of environmental law in India. It shall also impart practical understanding of
important strategies required for dealing with various environmental issues such as waste
management, water conservation etc. The intention is to equip the students with requisite
knowledge and practical inputs essential to initiate sustainable living as well as helping them
to forge their careers in the field of environmental law and policy.

4.) Teaching Methodology:

Students are introduced to the relevant material such as Conventions, Declarations, Reports,
Cases etc. pertaining to the thematic modules. The class discussion method is followed with
students encouraged to interact and share their understanding on the topics through group
discussions, where possible.
 Environmental Law and Policy

5.) Course Outline:

a) Module I- International Environmental Law-

International environmental law is a comparatively new branch of international law. It has

expanded dramatically over the years particularly since the United Nations Conference on the
Human Environment, 1972. The development of international environmental law has
produced mixed results. While some treaty regimes have been effective in producing the
desired results (e.g., Vienna Convention on Protection of the Ozone Layer, 1985), some other
regimes are struggling to produce results (e.g., United Nations Framework Convention on
Climate Change, 1992).

This module provides an overview of the development of international environmental law

and briefly introduces its sources and important underlying principles such as the concept of
sustainable development, precautionary principle and polluter pays principle etc.

An in-depth analysis of the substantive aspects of international environmental law is not an

objective of this module. It explains the sources of international environmental law, important
principles and narrates the development of international environmental law in its historical
context. It also highlights the expansion of international environmental law, and the role
played by important international conferences on the environment in this process.

Additional Readings:

 Galizzi, Paolo. “From Stockholm to New York, via Rio and Johannesburg: Has the
Environment Lost its Way on the Global Agenda?” Fordham International Law
Journal 29, no. 5 (2005): 952.

 Principles and concepts of International Environmental Law, Part I,

https://globalpact.informea.org/sites/default/files/documents/Book%20%E2%80%93
%20Principles%20and%20concepts%20of%20international%20environmental%20la
w%20%28Part%201%29.pdf

 Principles and concepts of International Environmental Law, Part II,

https://globalpact.informea.org/sites/default/files/documents/Book%20%E2%80%93
 Environmental Law and Policy

%20Principles%20and%20concepts%20of%20international%20environmental%20la
w%20%28Part%202%29.pdf

b) Module II- Introduction to Environmental Law and Policy in India

The present module will provide a comprehensive introduction to environmental law and
policy in India. It will delve into three major aspects mainly: Historical development of
Environmental Law in India; Constitutional provisions pertaining to environmental Law in
India and thirdly legislative and statutory provisions.

The objective of the present module is to provide a brief introduction to Environmental Law
and Policy in India. It shall cover all the major legislations pertaining to environmental law in
India.

Additional Reading:

 Green Growth and Sustainable Development in India,

https://www.teriin.org/projects/green/pdf/National_SPM.pdf
 The legal and regulatory framework for environmental protection in India,
http://www.envfor.nic.in/divisions/ic/wssd/doc2/ch2.html
 Environmental law and practice in India: overview,
https://uk.practicallaw.thomsonreuters.com/0-503-
2029?transitionType=Default&contextData=(sc.Default)&firstPage=true

c) Module III- Pollution Laws in India

There are two principal legislations in India dealing with the issue of pollution namely Air
(prevention and control of pollution) Act and Water (prevention and control of pollution) Act
as well several other policy measures. Air pollution refers to the presence of a pollutant in the
air or the atmosphere. Its sources include inefficient burning of inferior fuels, vehicles,
industries, power plants, mining activities, construction activities, firecrackers, crop burning
etc. There is an urgent need to regulate air pollution in India as recent CPCB data shows that
several cities in India have dangerously high levels of air pollutants, which have a serious
impact on human health. Yale Environmental Performance Index has ranked India 174 out of
178 countries on air pollution.
 Environmental Law and Policy

On the other hand, Water is considered to be a very precious resource possessed by any
country. It is a very serious problem in India where 70 per cent of the sources of surface
water, such as rivers and lakes, are polluted and further there is an alarming increase in
groundwater pollution as well. In light of the fact that surface water and groundwater are the
major sources of water supply for different uses, their pollution creates a situation where even
if water is available in sufficient quantity still there is water scarcity due to quality concerns.

The present module will provide the students with an overview of the different components
of the legal and policy framework relating to water and air pollution in India, which includes
constitutional provisions, legislations, policies and judicial decisions.

Additional Reading:

 Greenspan Bell, Ruth, et al. “Clearing the Air: How Delhi Broke the Logjam
on Air Quality Reforms.” Environment 46, no. 3 (2004): 24-39, available at
http://www.indiaenvironmentportal.org.in/files/Clearing%20the%20air.pdf.
 Greenstone, Michael et al, “Lower Pollution, Longer Lives: Life Expectancy
Gains if India Reduced Particulate Matter Pollution.” Economic and Political
Weekly 50, no. 8 (2015): 40-46, available at
http://www.epw.in/system/files/SA_L_8_210215_Michael_Greenstone_0.pdf.
 Rosencranz, Armin and Jackson, Michael. “The Delhi Pollution Case: The
Supreme Court of India and the Limits of Judicial Power.” Columbia Journal
of Environmental Law 28 (2003): 223-254.
 Ministry of Environment and Forests, Government of India’s webpage on the
regulatory framework relating to Water Pollution:
http://envfor.nic.in/division/water-pollution.
 Murty, MN and Surender Kumar. “Water Pollution in India – An Economic
Appraisal.” in India Infrastructure Report 2011. New Delhi: Oxford University
Press, 2011. p.285-298. http://www.idfc.com/pdf/report/2011/Chp-19-Water-
Pollution-in-India-An-Economic-Appraisal.pdf.
 Sahu, Geetanjoy. “Implementation of Environmental Judgments in Context: A
Comparative Analysis of Dahanu Thermal Power Plant Pollution Case in
Maharashtra and Vellore Leather Industrial Pollution Case in Tamil Nadu.”
 Environmental Law and Policy

Law Environment and Development Journal 6, no.3 (2010): 335.

http://www.lead-journal.org/content/10335.pdf.

d) Module IV- Forest, Wildlife and Biodiversity

Forests play crucial role in the economic development of India. Forest is one of the major
sources of raw materials for industries. Forests are also the key centres of mining activities.
In addition to the economic relevance of forests, their ecological relevance includes the fact
that they provide shelter for wildlife and play crucial roles in maintaining the balance of
ecosystem. They are also the part and parcel of lives and livelihoods of indigenous peoples
and forest dwellers who are dependent on forest for fuel, food and fodder. There is a direct
correlation of forest conservation and wildlife protection.

Unfortunately, wildlife in India is threatened, most significantly, by human actions or

environmental degradation induced by human actions. Many species are on the verge of
extinction. Illegal wildlife trade has emerged as a form of organised transnational crime
leading to extinction of many species. Other emerging and relatively poorly understood
challenges to wildlife conservation include the impacts of invasive alien species and climate
change (MoEF, 2011: 17). The Supreme Court of India has observed that ‘the largest single
factor in the depletion of the wealth of animal life in nature has been the ‘civilized man’
operating directly through excessive commercial hunting or, more disastrously, indirectly
through invading or destroying natural habitats’ (see State of Bihar v. Murad Ali Khan, AIR
1989 SC 1). Human-wildlife conflict is a major concern not just for animals, but for humans
as well given the rise in zoonotic diseases like coronavirus, SARS etc among humans.

By the end of this module, students will have a keen understanding on the legal and policy
regime in India pertaining to forests, wildlife and biodiversity including its historical
evolution, present scenario and key areas of concern.

Additional Reading:

 Bose, Purabi and others. “Forest Governmentality’: A Genealogy of Subject-making

of Forest-dependent ‘Scheduled Tribes’ in India.” Land Use Policy 29 (2012): 664-
673.
 Environmental Law and Policy

 Rosencranz, Armin and Sharachchandra Lélé. “Supreme Court and India’s Forests.”
Economic and Political Weekly 43, no.5 (2008): 11-14.

 Das, Chhanda. A Treatise on Wildlife Conservation in India. New Delhi: Daya Books,
2007.

 MoEF. Report of the Working Group on Wildlife Ecotourism and Animal Welfare.
New Delhi: Ministry of Environment & Forests, 2011.

 Dutta, Ritwick. Commentaries on Wildlife Law: Cases, Statutes and Notifications.

New Delhi: Wildlife Trust of India, 2007.

e) Module V: Coastal Regulations, Wetlands and Environment Impact Assessment

Coastal areas are critical centers of human activity, due to their high biological productivity
and easy accessibility; currently, about half of the human population resides within 100 km of
the coastline, which forms just 8% of the total land area of earth.5 Coastal ecosystems support
great biological diversity, contribute to 20% of the world’s primary production6 and provide
critical environmental services. Various coastal ecosystems provide a wide range of goods
and services by providing food, medicine and construction materials to local communities;
hosting important ports of commerce; supporting various industries, including petroleum and
related industries. In order to minimize the damage to such an important ecosystem, India has
established certain checks and balances including the Coastal Regulation Zone notifications.

Wetland is transitional land between terrestrial and aquatic eco-systems where water table is
usually at or near surface or it may be land covered by shallow water. It supports rich
biodiversity and provides wide range of ecosystem services such as water storage, water
purification, flood mitigation, erosion control, aquifer recharge etc. There are 115 wetlands
officially identified by Central Government and of those 26 are identified as wetlands of
international importance under Ramsar Convention.

The primary aim of EIA procedures is to gauge the potential environmental impact of an
economic project so as to allow for measures to minimize that impact. The methodology
5
Primavera, J.H. (2006), “Overcoming the impacts of aquaculture on the coastal zone”, Ocean & Coastal
Management 49; pp 531–545
6
Mohanty, P.K. et al (2008), “Monitoring and Management of Environmental Changes along the Orissa Coast,”
Journal of Coastal Research, 24 (2B), pp 13-27
 Environmental Law and Policy

adopted is that of self-assessment by the project proponent followed by review and project
approval by the regulators. In India EIA notification was issued for the first time in 1994,
since then there have been several changes in the regulatory structure of EIA in India. EIA
reflects the constant struggle to balance economic development with ecological integrity in
the context of a developing country. The Courts have developed a rich jurisprudence thereby
considerably deepening and widening the EIA process.

This module aims at discussing the legal measures for the management, protection and
conservation of coastal areas and wetlands in India. This would help students to understand
the relevance of protection of coastal areas and the law governing the same, especially for a
country with a 7,500-km long coastline, with considerable pressure on its natural resources
from an ever-growing human population. The module will also discuss the provisions of law
regarding the development and key areas of Environmental Impact Assessment in India.

Additional Readings:

 Mohanty, P.K. et al (2008), “Monitoring and Management of Environmental Changes

along the Orissa Coast,” Journal of Coastal Research, 24 (2B), pp 13-27
 Coastal Regulation Zone Notification: What development are we clearing our coasts
for, https://www.downtoearth.org.in/coverage/governance/coastal-regulation-zone-
notification-what-development-are-we-clearing-our-coasts-for-63061
 Demystifying the Environmental Clearance Process in India, Shibani Ghosh

f) Module VI: Waste Management Law and Policy-

The issue of waste management has become a serious concern at the global level. Rapid
economic growth and ever-increasing population have led to a drastic increase in the amount
of waste generated annually. Worldwide more than 1.3 Billion tonnes of municipal solid
waste is generated every year and this figure is expected to double by 2025. This enormous
amount of waste is already exerting pressure on the ecosystem at the global level. Developing
countries like India are even more prone to the detrimental impact of waste due to lack of
technology, economic constraints and several development projects already burdening the
ecosystem. Further, an important part of waste management that is often overlooked is the
business of ship breaking which is wrought with hazardous working conditions,
environmental pollution and unsustainable recycling practices.
 Environmental Law and Policy

The present module is designed to critically analyse the rules, regulations and policy
initiatives taken by the Indian government regarding specific issues pertaining to waste
management especially Municipal Solid Waste, Bio-medical waste, e-waste and Hazardous
waste management and the ship breaking industry in India.

Additional Readings.

 Pelsy, Florent. “The Blue Lady Case and the International Issue of Ship Dismantling.”
Law, Environment and Development Journal 4, no.2 (2008): 135.

 Salient Features of SOLID WASTE MANAGEMENT RULES, 2016,

https://cpcb.nic.in/uploads/MSW/Salient_features_SWM_Rules.pdf

 Solid Waste Management in Urban India: Imperatives for Improvement,

https://www.orfonline.org/research/solid-waste-management-in-urban-india-
imperatives-for-improvement-77129/

g) Module VII: Disaster Management Law and Policy

In the modern times, disaster risk management has emerged as an important aspect of
environmental law and policy. At the global level there is growing consensus that
International environmental law plays an important role in disaster risk management. Climate
change, land use changes, increasing human- wildlife conflict, industrial development,
degradation of natural resources, exacerbate natural and man-made disasters on a
monumental scale.
There are several kinds of disasters such as industrial disasters (Bhopal Gas leak case),
natural disasters (floods, forest fires etc), Public health disasters (Corona virus pandemic) etc.
In the present module, the primary focus shall be on the law and policy development
pertaining to disaster risk reduction in India with special focus on the analysis of legal
responses to Industrial disasters and public health disasters.

Additional Readings:
 Ramanathan, Usha. “Communities at Risk: Industrial Risk in Indian Law.” Economic
and Political Weekly 39, no.41 (2004): 4521-4527.
 Sinha, Manoj Kumar. “The Bhopal Gas Leak Disaster Case: Union Carbide
Corporation etc v Union of India etc.” Asia Pac. L. Rev. 1 (1992): 118-125.
 Environmental Law and Policy

 Disaster Risk Reduction in India, Status Report 2020, United Nations Office on
Disaster Risk Reduction, https://www.undrr.org/publication/disaster-risk-reduction-
india-status-report-2020

h) Module VIII: Role of judicial forums in the development of Environmental Law in

India

In order to understand the practical aspects of Environmental law, it is important to have a

thorough understanding of the Jurisprudence developed by Judicial and Quasi-judicial bodies.
Courts have played an important role in the development of Environmental Law in India.
They have employed various methods like encouraging Public Interest Litigations,
implementing the principles of Sustainable Development and widening the scope of
Constitutional provisions by liberal interpretation in order to protect and preserve the
Environment. Thus, the aim of the present module is to enhance the knowledge regarding the
implementation of laws and principles used by Indian courts namely the Hon’ble Supreme
Court of India and National Green Tribunal.

Additional Readings:

 Environmental Justice in India: The National Green Tribunal and Expert Members,
Geetanjali Nain Gill, https://www.cambridge.org/core/journals/transnational-
environmental-law/article/environmental-justice-in-india-the-national-green-tribunal-
and-expert-members/2E26B50742FFB8BB743557132DC7DD66
 Implications Of Indian Supreme Court’s Innovations For Environmental
Jurisprudence, Geetanjoy Sahu, http://www.lead-journal.org/content/08001.pdf

i) Module IX: Contemporary Enviro- legal issues in India

The present module deals with some of the important contemporary environmental problems
of India. The aim of the present module is to provide an insight into emerging enviro- legal
issues such as groundwater depletion, mining, forest fires, conservation of lakes and water
bodies etc. Topics covered in the present module shall depend on the interest of students.
Every topic chosen by students shall be comprehensively dealt with in view of judicial
pronouncements, legislative and regulatory framework.
 Law of Copyrights

Introduction to Copyright
(a) Historical development of the law of copyright
(b) Nature and Scope of Copyright Law
(c) An Overview of International Conventions/Treaties on Copyright: Berne
Convention, Universal Copyright Convention, Rome Convention, 1961, TRIPs
Agreement, WIPO Copyright Treaty, 1996 etc.
Subject matter of copyright works
(a) Literacy, Computer, Dramatic, Musical, Cinematograph film etc.
(b) Provisions under Indian Law
Ownership, Registration and Assignment of copyright
(a) Authorship & Ownership of literacy, dramatic, artistic works etc.
(b) Economic and Moral rights of copyright owners
(c) Terms of copyright
(d) Assignment of copyright and Licences
(e) Registration of Copyright
Neighbouring Rights under the Indian Copyright Law
(a) Rights of Broadcasting Organisations & Rights of Performers: Nature and Scope
(b) Exceptions to performers rights & Broadcasting Rights
Infringement of copyright
(a) Mode of infringement of various copyright works
(b) Statutory exceptions under Indian law
Remedies of infringement of copyright under national Law
(a) Preventive and compensatory civil remedies
(b) Criminal remedies
(c) Administrative remedies
 Copyright Case List

Originality
Sweat of brow
➢ Parry v Moring
➢ Walter v. Lane
➢ V Ramaiah v K Lakshmaiah
➢ Eastern Book v. Naveen J Desai
➢ Burlington Home Shipping v. Rajnesh Chibber
➢ University of London v. University Tutorial Press

Modicum of creativity
➢ Feist Publication v. Rural Telephone Service Company
➢ Eastern Book Company v. D.B. Modak

Idea and expression dichotomy

➢ Kenrick v Lawrence
➢ Donoghue v Allied Newspapers
➢ Bharat Matrimony v People Interactive Private Limited
➢ R.G.Anand v Delux Films
➢ Baker v Seldon
➢ Barbera Taylor Bradfort v Shara Media Entertainment

Concept Note
➢ Zee Telefilms limited v. Sundial Communication Private Limited
➢ Anil Gupta v. Kunal Dasgupta

Merger Theory
➢ Herebert Rosenthal Jewellery Corporation v Kalpakian

De-minimus principle
➢ Exxon Corporation v. Exxon Insurance
➢ PepsiCo v. Hindustan Coca Cola Ltd
➢ Tavener Routledge Ltd v. Trexa palm Ltd
➢ Jindal India Pvt. Ltd. V. Diamond Plastics Products
➢ Rose v. Information Services Ltd.
➢ Green v. Broadcasting Corporation of N.Z.

Scenes A faire doctrine

➢ Caine v. Universal Pictures

Copyright over actual events

➢ Indian Express Newspapers Pvt Limited v. Jagmohan
Literary work
➢ Fateh Singh Mehta v. O.P. Singhal
➢ Satsang v. Kiran Chandra
➢ Anderson v. Libercode
➢ Apple Computers v. Franklin Computers
➢ Apple Computers v. Computer Edge Ltd
➢ Whelan Associates v. Jaslow Dental Labs
➢ Computers Associates v. Altai
➢ John Richardson v. Flanders
➢ IBCOS Computers Ltd v. Barclays Mercantile Highland
➢ Cantor Fitzgerald Intl v. Traditional UK Ltd-
➢ Lotus Development Corporation v. Paperback Software International-

Dramatic Work
➢ Norowazian v. Ark

Artistic Work
➢ British North Rope Ltd. v. Tax Team Blackburnt
➢ George Henscher Ltd. v. Restawile Upholstery
➢ Guild v. Eskander
➢ Inter Lego v. Tyco Industries
➢ Associated Publishers v. Bashyam
➢ Merlet v. Mother Care Ltd.
➢ Hill v. Whalen Mortell:
➢ Walt Disney v. Air Pirates
➢ Nicoles v. Universal Pictures
➢ B. T. Thomas v. Malayalam Manorama

Joint Authorship
➢ Cala Henes v. Alfred Mac Alpine Homes
➢ Fylde Micro Systems v. Key Radio Systems
➢ Nazma Heptullah v. Orient Longman Ltd.
➢ Levy v. Ruthley

Ownership of copyright
➢ Stevenson Jordan & Harisson v. Macdonald and Evans
➢ Chiranjit v. Dua Brothers
➢ Byrne v. Statist
➢ B. T. Thomas v. Malayalam Manorama

S. 14 –Copyright: Economic Rights

Reproduction right
➢ British Leyland v. Armstong Patents
 ➢ Microsoft v. Nimesh
➢ Microsoft Coproration v. Rajendra Pawar
➢ S.A.P. A.G. and Others. V. Saumya Kanti Dutta
➢ S.A.P A.G. v. Sadiq Pasha Proprietors
➢ Autodash v. Prashant Deshmukh
➢ Ram Sampat v. Rajesh Roshan
➢ R.G.Anand v Delux Films
➢ Bradbury v. Day
➢ Francis & Hunter v. Bron

Right to perform the work in public

➢ Duck v. Bats
➢ Hames v. Martins
➢ Garware Plastics v. Telelink
➢ Neo Sports Broadcasts Pvt. ltd v. New Sanjay Cable

Cases on assignment
➢ Joginder Nath Sen v. State (Cal HC)
➢ PHI Learning Pvt Ltd v. Dr. P Meenakshi
➢ A.A. Associates v. Prem Goyal

Non-economic rights
➢ Manu Bhandari v. Kala Vikas Pictures Pvt. Ltd.
➢ Amarnath Sehgal v. UOI

Copyright Infringement
➢ D. Narayan Rao v. B. Prasad
➢ Hankes v. Paramount Films Services
➢ Ram Sampat v. Rajesh Roshan
➢ R.G.Anand v Delux Films
➢ Hubbord v. Vasper
➢ Francis & Hunter v. Bron

Exceptions to infringement of Copyright

➢ Chancellor Masters and Scholars of Oxford University v. Narendra Publishing House
➢ William & Wilkins v. United States
➢ Eastern Book Company v. D.B. Modak

Industrial Designs

Historical Background
(a) Introduction
 (b) Industrial Designs before TRIPs
(c) Industrial Designs after TRIPs

Registration
(a) Protectable Designs
(b) Requirements for Registration
(c) Registration Procedures
(d) Copyright in Registered Designs.
(e) Refusal to Register a Designs.

Infringement & Remedies

(a) Piracy of Registered Designs.
(b) Remedies.
(c) Power & Duties of Controller.

Design Act: Case List

Eye Appeal
➢ Cow Corporation v. Common Rubber Manufacturing Ltd.

Novelty and Originality

➢ Negretti v. Stanley
➢ Hello Mineral Water Pvt. Ltd. V. Thermoking California Pure

Trade Variants
➢ Glaxo Smith Kline Healthcare v. Amico Brushes Pvt. Ltd.

Infringement
➢ Best Product Ltd. v. F.W. Woolworth
➢ Albert Ltd. v. Fair Plastics
➢ Hindustan Sanitary ware and Industries Ltd. v. Dip Craft Industries

Prescribed Books

1. V.K. Ahuja, “Copy Right and Neighbouring Rights: National and International
Perspective” 1st ed., Lexis Nexis, 2007

2. P. Narayanan, “Copyright & Industrial Designs”, Eastern Law House Pvt Ltd 2007
 3. Dr. G.B. Reddy, “Intellectual Property Rights and the Law”, 6th ed. 2007, Gogia
Law Publication, Hyderabad
4. Alka Chawla, “Copy Right and Related Rights: National and International
Perspectives”, 1st ed. 2007, Macmillan India Ltd., Delhi

5. M.K. Bhandari, “Law relating to Intellectual Property Rights”, 1st ed. 2006. Cental
Law Publication.
6. Lionel Bently and Brad Sherman, “Intellectual Property Law”, Indian ed. 2003,
Oxford University Press, New Delhi, 110 020.

7. Pankaj Jain & Pandey Sangeet Rai, “Copyright & Trade Mark Laws”, Eastern Book,
2005

8. Raghbir Singh, “Law Relating to I.P”, Universal Law Publication, 2004

9. V.K. Ahuja, “Law Relating to I.P. Rights” 1st ed., Lexis Nexis, 2007
10. W.R Cornish, “Intellectual Property” ,4th ed. 1999, Sweet & Maxwell, London

11. Dr. B.L.Wadehra, “Law relating to Patents, Trade Marks, Copy Right, Designs
amd Geograhical Indication”, 3rd ed. 2005 Universal Law Publications, Delhi

12. Gillian Davies, Kevin Garnett and Gwilym Harbottle, “Copinger and Skone James
on Copyright” 15th ed. 2005
Note: Above mentioned Contents of Syllabus & list of Cases are not exhaustive in nature.
Detailed information of syllabus outline is subjected to class room teaching.
 Law of Trademark
Introduction
• Evolution of Trademark in India
• Justification
• International Treaties
• Kinds of Trademarks: Registered and Unregistered Trademarks, Conventional &
Non-Conventional Trademarks, Service Mark, Collective Marks, Certification Marks,
Well Known Trademarks

Registration of Trademarks
• Pre-requisites
• Absolute and Relative Grounds for Refusal of Registration
• Concept of Deceptive Similarity and its Applicability in Registration
• Procedure for Registration
• National and International Registration
Commercial Exploitation of Trademarks
• Rights of Proprietor
• Assignment, Licensing and Transmission of Trademark
Infringement and Passing off
• Infringement
• Passing off
• Remedies
• Trademark Issues in Cyberspace

References:

1. K C Kailasam and Ramu Vedaraman, “Law of Trademarks including International

Registration under Madrid Protocol and Geographical Indications”, Lexis Nexis, 2013
2. A. K. Bansal, “Law of Trademark in India”, Thomson & Reuter, 2014
3. David T Keeling, David Llewelyn, “Kerley’s law of Trade Marks and Trade Names”,
Sweet and Maxwell, 15th Edition , 2014.
4. P. Narayanan, “Trade Marks and Passing Off”, Eastern Law House, 2004
5. Ananth Padmanabhan, “Intellectual Property Rights Infringement and Remedies”,
Lexis Nexis, 2012
6. Christopher Wadlow, “The Law of Passing Off: Unfair Competition by
Misrepresentation”, Sweet and Maxwell, 2011.
7. David Lindsay, “International Domain Name Laws”, Hart Publishing, 2007.

Geographical Indications
Introduction
• Introduction
• Evolution
• Justification
• International Treaties
• Subject matter

• Rights and Infringement of Rights

• Defences

• Remedies

References:
1. Ashwani Kumar Bansal, “Design Law”, Universal Law Publishing Company, 2012.
2. Latha R Nair & Rajendra Kumar, “Geographical Indications: A Search For Identity”,
Lexis Nexis, 2005
3. Tapan Kumar (Ed.), “WTO, TRIPS and GIs”, New Century Publications, 2014
4. Dev Gangjee, “Relocating the Law of GI”, Cambridge University Press, 2012
5. K C Kailasam and Ramu Vedaraman, “Law of Trademarks including International
Registration under Madrid Protocol and Geographical Indications”, Lexis Nexis, 2013
6. Geographical Indication of Goods (Registration &Protection) Act, 1999
 NEGOTIABLE INSTRUMENTS ACT & BANKING LAW

IMPORTANCE & SCOPE: Banking services pervade our everyday living experience in one way or the
other. The course will help any a student, whichever course of practice or livelihood one takes up. It
not only helps any budding corporate lawyer, irrespective of whether one is a member of banking
and finance team or capital markets or merger and acquisitions team, but also helpful for any
litigational practitioner, whether criminal or civil. Prosecution under Sec 138 and Enforcement of
Security form a big chunk of litigations. Even for those who branch out of law, whether as managers,
entrepreneurs or social service, the course will help in understanding issues which come up on a
regular basis.

COURSE OBJECTIVE: The objective of the course is to introduce the students to the law and practice
of banking. It seeks to impart the students with a working knowledge of the legal issues involved in
the main facets of banking business with the expectation that as and when they are face with issues
relating to banking or if they specialise in banking and finance practice, they would be able to use
the knowledge and exposure gained through this course to identify, whenever advising their clients,
the potential issues and aspects which may need to be looked into or researched. The knowledge
and skill gained here will need to be honed, improved and refined as a practitioner, with the course
providing a foundation upon which it may be done. This course is muti-dimensional and builds upon
and is in a sense a continuation of law of contract, property laws and corporate finance. The course
cannot be pure litigational/case law in its approach. The nature of the course demands that
perforce economic policy issues will dealt with as and when a topic demands as well as dealing with
inherent commercial risks which dictate the banking practice.

Teaching Plan/ Course Outline

A) Negotiable Instruments
I) Introduction to Negotiable Instruments : Nature of money, negotiability and its
importance, evolution of promissory notes, bank notes, bills of exchange and cheques,
importance of Law Merchant in the law relating to the instruments, hundis.
II) Types of negotiable instruments, restrictions on their issuance under the RBI Act,
intention to write a pronote and issues arising therein – ability to sue on original
consideration, merger of debt and pronote; various parties to negotiable instruments
and their interse liability.
III) Negotiation under Negotiable Instruments Act , modes of negotiation, holder and holder
in due course, effect of illegality on negotiability.
IV) Presentment of negotiable instruments, importance of presentment on the liability of
parties and the effect of delay, dishonour and notice of dishonour, noting and protest,
acceptance and payment for honour.
V) Discharge from liability on various instruments of parties thereto, material alteration,
forgery,
VI) Special rules of evidence for negotiable instruments- the presumptions and estoppels,
presumption of consideration
VII) Conflict of Laws and negotiable instruments,
VIII) Crossed cheques , payment on cheques by banks and collection by banks on payment of
cheques- definition of a bank and bank customer, obligation of bank to pay and
 determination of the authority, implications of wrongful dishonour, unauthorised
payment and claims of customers and non customers, conversion of cheques, protection
to the paying and collecting banker under Negotiable Instruments Act; recovery of
money paid by mistake
IX) Dishonour of cheques- when does the cause of action arise, available defences, the
presumptions under law.
B) Central Banking, Bank Regulation & Risk Mitigation
X) Central Banking- Introduction to the various possible roles of a Central Bank-
maintenance of monetary stability, oversight of the payment system and its
management, banking supervision and regulation, refinancing of banks and lender of
last resort, banker to the government; the position of the RBI; Deposit Insurance- its
importance and the moral hazards; the accountability of central banks.
XI) Aspects of banking regulation- legal basis for supervision, agencies involved in banking
supervision, bank chartering responsibilities, capital structure of banks and implications
of available risk capital ( introduction to the concepts underlying Basle norms regarding
risk adjusted capital), audit, statistical reporting and offsite surveillance, rule making on
various facets of banking business, corrective measures under law- voluntary and
involuntary ( regarding managerial personnel, fiscal penalty, withdrawal of charter,
winding up and acquisition)
XII) Various identified risks in the conduct of banking business and the means to mitigate
the same under law or by banking practice – management risks, liquidity/maturity risk,
interest rate risk, exchange rate risk, credit risk, legal risk
C) Lending and Recovery
XIII) Secured credit- nature and forms of consensual security, pledge, lien,
charge/hypothecation and mortgage;,creation, perfection and attachment of security
interest, issue of priority amongst claims; Undue influence in the grant of security
interest.
XIV) Methods of Recovery & Special Legislative Interventions for Recovery of Debts due to
Banks and Financial Institutions—Recovery of Debts due to Banks and Financial
Institutions Act, Securitisation and Reconstruction of Financial Assets and Enforcement
of Security Interests Act.
D) Banker- Customer Relation
XV) Banker customer relationship—When does the relationship come into existence and
need for its determination, Primary nature of the relationship; Banker as an agent and
trustee, Implied terms of the contract and rule regarding change in the implied terms of
the contract; banker’s duty of confidentiality and its exceptions under common law and
statute, bank references and investment advisory services, banker’s right to exercise
lien and it’s nature, lien over debt owed by bank,; banker’s right to consolidate accounts,
distinction with lien and setoff, limitations on the right.
E)Payment and Settlements
XVI) Introduction to the different payment systems, Set-off, Netting and Clearing Systems

Statutes to be referred-

Negotiable Instruments Act, 1881,Banking Regulation Act,1949, Reserve Bank of India Act,1934,
Payment and Settlement Systems Act, 2007,Recovery of Debts due to Banks and Financial
Institutions Act, 1993,Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interests Act,2002, Credit Information Companies (Regulation) Act, 2005.

Reading Material: Books: Tannan on Banking Law, Paget’s Law of Banking, Khergamvala on
Negotiable Instrument’s Act, Goode on Legal Problems in Credit and Security

In addition cases given to students