CYBER LAW
Module 1
A. Introduction
Concept of Cyberspace, Need for Regulation of Cyberspace
Evolution of IT Law, Objectives of Information Technology Law. Internet and
problems of geography, Sovereignty- Functional Equality.
Regulating the Cyber Society- Cyberlibertarianism, Cyberpatternalism, Network
Communitarisn, platform Regulation, and Nudging and Libertarian patternism
Issues of Jurisdiction- Need for Extra Territorial operation of IT Law, Tests Relating
to Jurisdiction in Cyberspace- Assumption Test, Sliding scale or Zippo Test, Foreign
Effect Test, Modified Sliding Test, and Trespass Chattel in Cyberspace for spam.
Extent and operation of IT Law.
Concept of Digital and electronic signature, Symmetric and Asymmetric Key,
Certifying Authority- power and function, Granting of digital signature.
Electronic Governance-Legal Recognition, Delivery of Services, Retention of
Electronic Record, Authentication and Attribution of Electronic Records, Secure
Electronic Records and Secure Signature.
Net neutrality
Web Content Accessibility Guidelines (WCAG) 2.0
Module 2
Privacy, Individual Rights and Data Protection
Individual Rights Protection on Cyberspace
Content, freedom of Expression and Social Responsibility, platform and content hosts
Technology Privacy, monitoring and Surveillance.
Data Protection- Evolution of laws, scope and principles, sectoral aspects of data
protection, transborder data flows, Role of Supervisory agencies.
Regulation of Social Networking Sites.
Module III
E- Commerce and Electronic Contracts
Electronic Contracts- Formation and Issues, Types of electronic contracts
Legal Aspects of E-Commerce, Advantages and Disadvantages, International
Iniatives, Models of E-commerce.
Electronic Payments -Regulation, Issues and International Initiatives.
Credit Card Regulation in India
Bitcoin and Cryptocurrencies
Distance and online selling and consumer protection, Regulation of Spam.
Module IV
Cyber Crime National & International Perspectives
Cyber wrongs and Offences under IT Act, 2000-
Investigation of cybercrimes.
Cyber terrorism, and cyber warfare Impact on privacy, identity theft.
Budapest Convention on Cybercrime
ISP liability
MODULE V
Intellectual Property Issues and Cyberspace
Trade Marks and Domain Name Protection, and Cyber-Squatting.
Online Piracy, Copyright Regulations- Digital rights management, DMCA
Concurrent Registration and international trademark regime
Brand Identities, search engines and secondary market
Database Right
UDRP Policy and ICANN Regulation
PRINCIPAL OF TAXATION
Unit I:
1. General Perspective/ Genesis
History of tax law in India
Fundamental principles relating to tax laws
Governmental financial policy, tax structure and their role in the national economy.
Concept of tax:
Nature and characteristics of taxes
Distinction between:
i. Tax and fee
ii. Tax and cess
iii. Direct and indirect taxes
iv. Tax evasion and tax avoidance
2. Legislative power to levy taxes:
Constitutional Provisions
Distribution of Legislative Powers between the Union and States with particular
reference to Taxing Powers
General Scheme of Distribution of Legislative Powers (Articles 245 – 254)
Distribution of Taxing Powers
Entry 97 and Entry 86 of List I (Union List)
Entry 49, List II (State List)
Unit II:
Income Tax
Basic Concepts:
Income [Definition : S. 2(24) ]
Capital Receipt v. Revenue Receipt -Tests to distinguish
Agricultural Income – Meaning of Agricultural Income[S. 2(1A), 10(1)]
Income not included in total income
Deemed income
Clubbing of income
Assessee- Assessment year- Previous Year (S. 3)
Residential status of Assessee (S. 6)
Incidence of tax varies with residential status of an assessee
Total income of assessee (Ss. 4 and 5)
Income deemed to accrue or arise in India (S. 9)
Person
Tax Planning
Chargeable income: Basis of charge (Receipt, Accrual, and Arisal)
Heads of income: (S. 14), Rationale- Heads, whether mutually exclusive
Salaries : (Ss. 15 to 17) – Chargeability - Meaning of Salary;
Perquisites; Profits in lieu of salary
Income from house property: (Ss. 22 to 27) - Ingredients of section
Annual Value how to be determined - Deductions under section 24 -
Deemed owner (S. 27)
Income from business or profession: (Ss. 28 to 44) –Applicability –
Deductions - Bad debts
Capital gains: (S. 45 to 55)
Income from other sources: (Ss. 56 to 59)
Income of other Persons included in Assessee’s Total Income (Ss.60-64)-clubbing of
income –justifiability - throwing of separate property intothe common stock of Joint
Hindu Family and subsequent partition of the same.[ S. 64(2)]
Deductions, relief and exemptions
Set Off, Carry Forward and Set off of Losses (Ss. 70-71B, 72-74A)
Rate of income tax
Unit III: Income Tax Authorities:
Power and functions
Search and Seizure (Ss.132, 132A, 132B)
Best Judgment Assessment; Income escaping assessment
(Ss. 139, 142, 143, 144, 145(2), 147, 148, 149, 150, 151 and 153)
Offences and penal sanctions:
Settlement of grievances:
Authorities, powers and functions
Unit IV: Goods and Services Tax Act- .
A. Overview of Goods and Services Tax, Implementation of GST, Liability of the Tax
Payer,
GST Network and GST Council.
B. Levy of an Exemption from Tax, Levy of GST, Composition Scheme, Remission of
Tax / Duty.
C. Registration, Registration Procedure, Amendments / Cancellation.
D. Meaning and Scope of Supply, Taxable Supply, Supply of Goods and Supply of
Services, Course or Furtherance of Business, Special Transaction, Time of Supply.\
E. Valuation in GST, Payment of GST, Input Tax Credit, Input Service Distributors.
LABOUR AND INDUSTRIAL LAWS
Module I: Introduction to Industrial Relations
1. Industrial Relations: Concept and Significance
2. Role of State in Industrial Relations
3. Modern Trends and Collective Bargaining
4. Impact of globalization on Industrial Relations
5. Changing Dimensions of Industrial Relations in India and Judicial Approach
Module II: Trade Unions
1. Trade Union: Objectives and Significance
2. Trade Unionism and Trade Union Movements
3. Trade Union Movement in India
4. Law and Practise Recognizing Trade Unions
5. Legal Status of Registered Trade Unions
Module III: Individual and Industrial Disputes
1. Industrial Disputes: Meaning and Nature
2. Individual and Industrial Disputes
3. Definitions: Industry, Industrial Establishment, wages, workman and Award
4. Prevention and Settlement of Industrial Disputes
5. Unfair Trade Practices
Module IV: Strikes and Lock-outs
1. Meaning of Strikes and Lock-outs
2. Justifiability of Strikes and Lock-outs
3. Strike and Temporary Closing of Place of employment
4. Prohibition of Strikes and Lock-outs
5. Illegal Strikes and Lock-outs and Payment of wages
Module V: Lay-off, Retrenchment and Closure
1. Meaning of Lay-off and Retrenchment
2. Right of workmen laid off for compensation
3. Condition precedents to Retrenchment
4. Closure and Compensation to workmen
5. Penalty for closure without notice
Module VI: Standing Orders
1. Industrial Employments: Scope and Coverage
2. Concept and Nature of Standing Orders
3. Operation and Binding Effects of Standing Orders
4. Modification and Temporary Application
5. Enforcement and Role of Government
INVESTMENT LAW
Module I: Preliminary [03 Lectures]
Historical Background of Investment and securities laws
Meaning of investment and market
Nature and risk associated with investment
Evolution of Investment and bargaining norms.
Module II: Investment Avenues & Tax Planning for Investment [6 Lectures]
Objectives of Investors
Characteristics of Investment
Risk-Return Relationships, Tax Benefits
Marketability and Liquidity
Safety vs. Riskiness
Non Corporate Investments- Deposits with Banks, Instruments of Post Offices,
PPF,NSS, IVP, KVP, Public Sector Bonds
Corporate Investments
Taxation of Dividend and Interest Income
Tax Treatment on Investments
Income Tax and Corporation Taxes
Taxation of Investment business in India
Module-III: Investors Protection [6 Lectures]
Need for investors protection
Factors affecting investor’s interest
Investor’s protection measures
Guidelines to investors
Module IV: Securities and Exchange Board of India (SEBI) [06 Lectures]
Constitution Powers and Functions of SEBI
Securities Appellate Tribunal
SEBI (Disclosure & Investor Protection) Guidelines
Module V: Venture Capital [06 Lectures]
Concept of venture capital
Features of venture capital, Scope of venture capital, Importance of venture capital
Venture capital guidelines and legal framework in India
Suggestions for the growth of Venture Capital Funds
Nitin Desai Committee’s Recommendations.
Module VI: Mutual Funds Investment [06 Lectures]
Introduction and scope of Mutual Fund
Definition and Origin of Mutual Fund[MF]
Types and classification of MF
Importance, Risk and Organization of Fund, Evaluation of MF
General Guidelines for MF and legal frame work in India
Mutual Funds in India- Reasons for slow Growth, Future of MF Industry in India
Unit Trust of India (UTI)
Module VII: Depository System [06 Lectures]
Depository
Bank and Depository- Comparison
Depository Participant(DP)
Depository(Demat) Services, Demat (Beneficiary) Account
Dematerialization and Re materialization
Role of CDSL, Role of NSDL
Legal framework for Depositories in India [SEBI Guidelines]
Module VIII: Investors Protection (06 Lectures)
Investors rights and responsibilities
Whom to approach for complaint against brokers/depository participants
Grievance redressal mechanism at stock exchange
Legal framework for investors protection in India
Investors Education and Protection Fund
SEBI(Investors Protection and Education Fund) Regulations, 2009
Initiatives taken on Financial Literacy in India
Investors Grievance Redressal Mechanism at SEBI
SEBI (Informal Guidance) Scheme, 2003
BANKING LAW
Module 1: Introduction
Evolution of Banking Law, Evolution of Banking Institutions, Origin of the word “Bank”,
Early History of Banks, Development of British Banking, Functions of Commercial Banks,
Historical Background of Banking Institutions in India, Rise of Joint Stock Banks in India,
Lead Bank Scheme, Co-Operative Banks, Regional Rural Banks
Module 2: The Banking (Regulation) Act, 1949
History, Salient features of Banking Law (Amendment) Act, 2012, Powers granted by RBI by
Banking Laws (Amendment) Act, 2012, Social Control, Nationalization of 14 Major Banks,
Banking and Banking Company
Module 3: The Reserve Bank of India
Functions of RBI, The Organizational Structure of RBI, RBI and Commercial Banks,
Custodian of foreign exchange and foreign exchange control and other promotional functions
Module 4: Recent Trends of Banking System in India
Credit Card Policy and Regulation, Credit Policy, Social Security and Banking, Electronic
Payment Service, E-Cheques, Internet Banking, FDI in Banking Sector, Introduction to
Mutual Funds
Module 5: Emergent Trends of International Banking
Basel I, II & III norms, Foreign Exchange, Overseas Trading Services and Other Issues
Module 6: Other Banking Related Laws
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest
Act, 2002 [SARFAESI ACT]: Introduction, Definitions, Regulation of Securitization and
Reconstruction of Financial Assets of Banks and Financial Institutions, Enforcement of
Security Interest, Central Registry, Offences and Penalties. Miscellaneous
The Banking Ombudsman Scheme, 2002: Purpose, Extent, Definition, Establishment and
Powers, Procedure for Redressal of Grievances, Arbitration and Conciliation Procedure
