Cyber Law, Labour & Industrial Law, Law of Torts – AIBE Syllabus Details Part 5

Cyber Law, Labour Industrial Laws, Law of Tort, Motor Vehicle Act, Consumer Protection Law - Detailed syllabus - All India Bar Exam - AIBE conducted by the Bar Council of India BCI

This series consists of seven articles, which expand the complete syllabus for the AIBE – All India Bar Exam.

1. Constitutional Law, IPC, CrPC – Part 1

2. Code of Civil Procedure, Evidence Act, ADR – Part 2

3. Family Law, PIL, Administrative Law – Part 3

4. Professional Ethics, Company Law, Environmental Law – Part 4

5. Cyber Law, Labour & Industrial Law, Law of Torts – Part 5

6. Taxation Laws, Contract Law, Negotiable Instruments, Property Law – Part 6

7. Land Acquisition Act, Intellectual Property Laws – Part 7

AIBE XIII (13) Mock Tests - Sample Papers & Previous Papers Online Practice Pack :
  • Nine Previous AIBE Question Papers - AIBE IV to AIBE XII (2014 to 2018)
  • Fifty Full-Length AIBE XIII (13) Mock Tests - Sample Papers  from a Question Bank of over 9500 AIBE specific questions
  • Fifty Mini-Mock Tests - 25 Questions each, for quick practice sessions
  • Each Mock test - Sample Papers can be attempted unlimited number of times for consistent practice
  • This practice pack is complete online and can be accessed anytime - anywhere via Smart phones, Laptops, Desktops and Tablets
  • Note : No hard-copies are included.
Inclusive of all taxes

Pay through Credit-Debit cards, Net-Banking, UPI or Wallets
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Cyber Law – 2 questions

The course aims at appreciating one of the important emerging areas of law and the nitty-gritty involved in it. This introduces the students to the underlying philosophy of the subject and its relation to other areas focusing on human rights.

Fundamentals of Cyber Space, Understanding Cyber Space, Interface of Technology and Law Defining Cyber Laws, Jurisdiction in Cyber Space, Concept of Jurisdiction, Internet Jurisdiction, Indian Context of Jurisdiction, International position of Internet Jurisdiction Cases in Cyber Jurisdiction

E-commerce- Legal issues, Legal Issues in Cyber Contracts, Cyber Contract and IT Act 2000, The UNCITRAL Model law on Electronic Commerce

Intellectual Property Issues and Cyberspace – The Indian Perspective, Overview of Intellectual Property related, Legislation in India, Copyright law & Cyberspace, Trademark law & Cyberspace, Law relating to Semiconductor Layout & Design

Understanding Cyber Crimes, Defining Crime, Crime in context of Internet – Actus Rea/Mens Rea, Types of crime in Internet, Computing damage in Internet crime

Indian Penal Law & Cyber Crimes, Fraud, Hacking, Mischief, Tresspass, Defamation, Stalking, Spam

Obscenity and Pornography, Internet and Potential of Obscenity, Indian Law on Obscenity & Pornography, International efforts, Changes in Indian Law

Penalties & Offences under the IT Act, Offences under the Indian Penal Code, Investigation & adjudication issues, Digital evidence

 

Labour & Industrial Laws – 4 questions

In this course, the students are to be acquainted with the Industrial relations framework in our country. Further, the importance of the maintenance of Industrial peace and efforts to reduce the incidence of Strikes and Lockout and Industrial Strike are to be emphasised.

The main theme underlying the Programme is to critically examine the provisions in the Trade Unions Act, 1926; the machineries contemplated under the provisions of the Industrial Disputes Act for the prevention and settlement of Industrial Disputes. Further, the objectives underlying the Industrial Employment (Standing Orders) Act, 1946 and Disciplinary Enquiry for Misconduct are to be studied with a view to acquaint misconduct and the procedure to be followed before imposing punishment for misconduct alleged and established.

Further, the students are to be acquainted with Social Security Frame-work prevailing in our Country. It is necessary to know the concept of social security, its importance and also constitutional basis for the same in India. The importance of ensuring the health, safety and welfare of the workmen and social assistance and social Insurance Schemes under various legislations are to be emphasised.

The main theme underlying the Programme is to critically examine the provisions in the Workmen’s Compensation Act, 1923, the machinery provided for protecting the interests of workers. Further, the objectives underlying the Factories Act,1948, E.S.I. Act, 1948, the employees provident fund Act,1952 are to be studied with a view to acquaint the students with various rights and benefits available to the workmen under the legislations.

Topics Covered :

Introduction to Law of Industrial Disputes Act, 1947: Historical Aspects-Master and slave relationship-Industrial revolution-Laissez-faire state-Impact of Constitution on Labour provision; Definition and law relating to Appropriate Government- Award and settlement- Industry-Industrial Dispute- Workman. Strikes and Lock-out

Industrial Disputes Act, 1947: Lay-off –Retrenchment-Closure – Unfair Labour Practices and Role of Government; Authorities under the Act (Chapter II) to be read with chapters II B, III and IV Adjudication and Arbitration; Restrictions on the right of the employer- Chapter IIA-Notice of change, section 11-A and sections 33,33A; Recovery of money due from an employer. Industrial Employment (Standing Orders) Act, 1946 and Disciplinary Enquiry

Trade Unions Act, 1926: Salient features of the enactment and important definitions – Registration of Unions, Amalgamation of Unions, Cancellation and Registration of Trade Unions, Funds of the Union, Immunity enjoyed by the Union. Workmen’s Compensation Act, 1923: Emergence of the legislation-Total and partial disablement –Dependent-Workman-Wages-Liability of the employer to pay compensation and right of the workman to receive compensation-Accident “Arising out of and in the course of employment”-Occupational disease-Doctrine of ‘Added peril’

Labour Welfare Legislations: The Employees State Insurance Act, 1948: Corporation, Standing Committee and Medical Benefit Council; Contributions; Benefits; Adjudication of disputes and Claims; Penalties. The Employees Provident Fund Act, 1952: Employees Provident Fund Scheme and Authorities; Miscellaneous. The Maternity Benefit Act, 1961- Its object and its scope.

The Minimum Wages Act, 1948- Fixation of minimum rates of wages – working hours and determination of wages and claims The Factories Act- its essential features, Safety, Health and Welfare measures. The Contract Labour (Regulation and Abolition) Act, 1970 – Its object and its essential features.

 

Law of Tort, including Motor Vehicle Act and Consumer Protection Law – 5 questions

This course is designed to study the principles of Tortious liability, the defences available in an action for torts, the capacity of parties to sue and be sued and matters connection there with. Further, this course is designed to study specific torts against the individual and property.

With rapid industrialization, inadequacy of the law to protect the individual is exposed. An attempt shall be accorded to the individuals against mass torts and industrial torts. Keeping in the expensive character of judicial proceedings the students should reflect on the alternative forms, and also the remedies provided under the Consumer Protection Act, 1986

Topics Covered:

Introduction and Principle in Tort, Nature & Definition of Tort, Development of Tort, Tort distinguished from Contract, Crime and Breach of Trust, Cyber tort

General Condition of Liability in Tort, Wrongful Act, Legal Damage, Damnum sine Injuria, Injuria sine Damnum, Legal Remedy-Ubi jus ibi remedium, Mental Element in Tort, Motive, Intention, Malice and its Kinds, Malfeasance, Misfeasance and non-feasance, Fault whether essential

Justification of Tort, Volenti non fit injuria, Act of God, Inevitable accidents, Plaintiff’s default, Private defence, Judicial and Quasi-Judicial Act, Parental and Quasi-Parental authority, Acts causing slight harm

Remedies and Damages, Personal Capacity, Who can not sued, Who can not be sued, General Remedies in Tort, Damages and its kinds, Remoteness of Damage (In Re Prolemis & Wagon Mount Case), Judicial and Extra Judicial Remedies, Joint Tort feasors, Vicarious Liability

 

Specific Wrong and Consumer Protection Laws

Tort Relating to Person
Assault, Battery, False Imprisonment and abuses, Legal Proceedings, Malicious Procaution

Unit II: Tort relating to Property
Trespass, Nuisance, Trespass to Land and Goods
Defamation, Detinue, Conversion
Tort to incorporal personal property-Copy right, Trade mark, Trade name and Patent right
Negligence, Res ipsa loquitor, Contributory negligence, Strict Liability or liability without fault
and its applicability under Motor Vehicle Act, 1988

Consumer Protection Act 1986:
Consumersion in India (Historical Background), Consumers: the concept, definition and scope,
object of CPAct, Rights of Consumers.
Unfair Trade Practice, Restriction Trade Practice, Defect in goods, Deficiency in service:
Medical, Lawyering, Electricity, Housing, Postal services etc.

Enforcement of Consumer Rights: Consumer Forum under C.P.Act-Jurisdiction, Powers and functions, Exceptions of order, Judicial Review, PIL, Class action, Remedies, Appeal, Administrative Remedies, C.P.Courts.

This series consists of seven articles, which expand the complete syllabus for the AIBE – All India Bar Exam.

1. Constitutional Law, IPC, CrPC – Part 1

2. Code of Civil Procedure, Evidence Act, ADR – Part 2

3. Family Law, PIL, Administrative Law – Part 3

4. Professional Ethics, Company Law, Environmental Law – Part 4

5. Cyber Law, Labour & Industrial Law, Law of Torts – Part 5

6. Taxation Laws, Contract Law, Negotiable Instruments, Property Law – Part 6

7. Land Acquisition Act, Intellectual Property Laws – Part 7

AIBE XIII (13) Mock Tests - Sample Papers & Previous Papers Online Practice Pack :
  • Nine Previous AIBE Question Papers - AIBE IV to AIBE XII (2014 to 2018)
  • Fifty Full-Length AIBE XIII (13) Mock Tests - Sample Papers  from a Question Bank of over 9500 AIBE specific questions
  • Fifty Mini-Mock Tests - 25 Questions each, for quick practice sessions
  • Each Mock test - Sample Papers can be attempted unlimited number of times for consistent practice
  • This practice pack is complete online and can be accessed anytime - anywhere via Smart phones, Laptops, Desktops and Tablets
  • Note : No hard-copies are included.
Inclusive of all taxes

Pay through Credit-Debit cards, Net-Banking, UPI or Wallets
We use PayTM & Instamojo gateways for secure payments

Cyber Law, Labour & Industrial Law, Law of Torts – AIBE Syllabus Details Part 5
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