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 |
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| 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 |
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| 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. |
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| 4. | Law relating to Transfer of Property |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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. |
