Course Plan, Assignment Project 2015

Format No. QSP/7.1/01.
F01 (C)
Issue No.04 Rev. No 4 Dated: June 7, 2014
UNIVERSITY OF PETROLEUM & ENERGY STUDIES

College of Legal Studies
Dehradun
COURSE PLAN
Programme :
Integrated BA.LL.B Energy Law (Hons) 2011
Course
Aviation Law
Semester
VII
Session
July to Dec. 2015
Batch
2012-2017
Subject Code :
LLBL 407
No. of credits:
Prepared by :
Sampath Kumar K.P.
Email
sampath@ddn.upes.ac.in
Approved By
_______________________
HOD
UPES Campus
Energy Acres
P.O. Bidholi, Via Prem Nagar
Dehradun -248 007 (U K)
_______________________
Dean
Tel : +91-135-2770137
Fax : +91 135- 27760904
Website : www.upes.ac.in
COURSE PLAN
Subject:
AVIATION LAW
Course: Integrated
BA.LL.B Energy
Law(Hons) 2011
Duration
:
July 2014 December-2014
Subject code: LLBL 407
A. OBJECTIVES:
1. The objective of this course is to walk the undergraduate law student through the various
International conventions that effect Aviation law a subject which is basically transnational
requiring cooperation on a global level.
2. The liability of the carrier under the Warsaw system, Product liability in Aviation, Air navigation,
automation and airworthiness, surface damage and collisions , Insurance , Rights in Aircraft,
Assistance and salvage and the penal law are covered in continuation of the provisions of
various conventions, ICAO et al and its practical application
3. The aviation law as in the Aircraft
Act of 1934 and the Air corporations ( Transfer of
undertakings and Repeal ) Act 1994 are covered taking the law governing the counrty
B. COURSE OUTCOME:
1. At the end of this course the student will have a comprehensive idea of the Aviation industry sector both
from ground infrastructure to flight and air navigation, design of aircraft and other practical maintenance
issues and formats.
2. The pedagogy and international case law presentation along with the statute will provide the essential
application knowledge to meet practical situations confronting the industry under the law. Besides the
Aviation industry being in its nascent stage of development international case study is drawn upon to give
the student an idea how to handle yet unforeseen problems from a regulatory point of view.
C. COURSE OUTLINE
It has 11 modules which are as follows:
MODULE I: History and Development of Aviation Law
Introduction
History and Evolution of Aviation law
Sources of Aviation Law
Principal organizations in Aviation
July.-December. 2015
MODULE II: CHICAGO CONVENTION

The Chicago Convention
MODULE III: REGULATORY FRAMEWORK

Aircraft Act of 1934
Air corporations (Transfer of undertakings and Repeal ) Act 1994
DGCA Director General of Civil Aviation
Airports Authority of India
Government of India Ministry of Civil Aviation
MODULE IV: THE LIABILITY OF THE CARRIER
The Warsaw system
The Hague protocol
The Guadalajara Convention
The Montreal Convention
MODULE V: PRODUCT LIABILITY
AIR NAVIGATION AUTOMATION & AIRWORTHINESS

Aircraft Handling
Air traffic Control
Aircraft design and Maintenance
Passenger Handling
Cargo handling
MODULE VI: SURFACE DAMAGE AND COLLISION
Damage to third parties
Air Collisions
Passenger Handling
Cargo handling
MODULE VII: INSURANCE
Risk evaluation
Insurance
Hijacking
MODULE VIII: RIGHTS IN THE AIRCRAFT
Precautionary attachment of Aircraft
International recognition of Rights in the Aircraft
Leasing
MODULE IX: ASSISTANCE AND SALVAGE

Search and rescue
Financial aspects
MODULE X: PENAL LAW AND AVIATION

Tokyo convention
Financial aspects
Hague Convention
Montreal Convention
MODULE XI: OPEN SKIES POLICY

C.PEDAGOGY
Include: Course room exercise/ Case Analysis

D. COURSE COMPLETION PLAN
Sessions: 3 (lectures of 1 hour each)

Total hours per week: 3 hours per week.
E. EVALUATION & GRADING
Description
1.
Internal Examination
Weight age
Schedule
30%
Detailed Below
2. Mid term Exam
20%
Academic Calendar
3.
50%
Academic Calendar
End term Exam
Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Description
1. Continuous Assessment
Weight age
30%
Schedule:-
Detailed Below
Continuous Assessment:i (Marks 100 - converted to 30- ) shall be done based on the following components:
a.Two class tests/snap-test/quiz
20 Marks [02 X10 Marks]
b.
Assignment-1
20 Marks
c.
Project work
20 Marks (Abstract, Synopsis, final draft and
presentation)
d.
Subject grand viva
20 Marks
e.
Attendance
20 Marks
Attendance
a Students are required to have minimum attendance of 75% in each subject. Students with less than said percentage shall
NOT be allowed to appear in the end semester examination. All students must swipe their cards and the results of the
attendance will be strictly as per electronic count.
b Students who have lost or misplaced their Swipe cards will have to make their application to the IT department. Until
the time they receive their replacement professor will mark their attendance manually, on condition that they attend
classes and present themselves to the concerned professor for each class - a day after the respective classes for which
manual attendance is required. Failure to attend the class and present themselves daily as required will render the
attendance closed a day after class has been conducted. No further enquiry will be entertained
c Attendance will not be condoned to students who present themselves at class without their card with the excuse that
they left the same at home.
d Formula for attendance marks:
67-75 %
0 Marks
75-80%
5 Marks
80-85%
10 Marks
85-90%
15 Marks
90%-100%
20 Marks
Four components will be used for internal assessment for this course (Total 100 marks), the details of each
component is as follows:
a) Home Assignment:
Assignment will be given on the pattern of End Term Examination and it must be hand written, to
submit/present on a definite date. The assignment should be attached with the course plan as Annexure-1 It
will have 20% weightage.
Individual Viva-voce will be conducted on the assignment.
b) Projects : Weightage 20 %
2. Quizzes
Two Quizzes will be conducted, as per indicated in the Course Plan. Each quiz would be of carrying 10%
weightage. Therefore, two quizzes would carry 20% weightage i.e. 20 marks. It may contain Multiple choice
questions or short questions/key terms covering modules as specified in the course plan and Research paper/
cases covered in the course pack to ascertain that whether the students could understand the basic concepts or
not. Most probably would be online quiz on LMS. (Max. 45 Minutes)
Mid- Sem Examination: 20% Weightage
Mid- Sem examination shall be of two hour duration and shall be a combination of Objective, short theory
questions and numerical problems.
End -Sem Examination: 50% Weightage
End-Sem examination shall be of three hours duration. The examination paper shall have objective & theory
questions, short and long numerical problems.
Passing Criterion: minimum 40% of the highest marks in the

class
Student has to secure minimum 40% marks of the highest marks in the class scored
by a student in that subject (in that class/group class) individually in both the
End-Semester examination and Total Marks in order to pass in that paper.
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with less than said
percentage shall NOT be allowed to appear in the end semester examination. The student obtaining 100%
attendance would be given 5% bonus marks for internal assessment.
Cell Phones and other Electronic Communication Devices: Cell phones and other electronic communication
devices (such as Blackberries/Laptops) are not permitted in classes during Tests or the Mid/Final Examination.
Such devices MUST be turned off in the class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to access the LMS
system regularly. Regularly, important information Date of conducting class tests, guest lectures, syndicate
sessions etc. to the class will be transmitted via e-mail/LMS. The best way to arrange meetings with us or ask
specific questions is by email and prior appointment. All the assignments preferably should be uploaded on
LMS. Various research papers/reference material will be mailed/uploaded on LMS time to time.
F. DETAILED SESSION PLAN
Each lecture should also mention a particular land mark Indian/foreign case with citation
SESSIO
NS
TOPIC
MODULE I:
1, 2,
3
READINGS
HISTORY
AND
DEVELOPM lecture 1: Power point
ENT OF
Pages 1 to 12 of Book 1
AVIATION
LAW
PEDAGOGY
Chalk & Talk

Examples
Discussion
PPT
Presentation
Random
questions
3,4
MODULE II:
CHICAGO
CONVENTIO
N
lecture 2: Power point

SIMULATED CASE STUDY: Unit 5 page
47 of Book 1
5,6,7,8, 9,
10
MODULE III:
REGULATOR
Y
FRAMEWOR
K
Aircraft Act of 1934

Air corporations (Transfer of
undertakings and Repeal ) Act
1994
Whiteboard
Examples
Discussion
Presentation
Reflections
Whiteboard
Discussion
Case let
DGCA Director General of Civil

Aviation
Airports Authority of India
Government of India Ministry of
Civil Aviation
lecture 3: Power point

CASE LAW:
Chairman & Managing director, Indian
Airlines v Binod Kumar Sinha (2001) 8
SCC 722
Air India v. Union of India (1995) 4 SCC
734
Air India cabin crew Assn v. Yeshawinee
Merchant, 2003 6 SCC 277
Dum Dum Municipality \commr of \ Dum
Dum v. Indian tourism development Corp
1995 5 SCC 251
Jagdish Yadav v. Union of India
( 30/05/2003), 2003 DLT 359 2006 (6) AD
(Delhi) 127 [S.K.Mahajan]
British Airways Plc v. Union of India (2002)
2 SCC 95
Ramnath exports private Ltd v. Chairman of
Air India (19/05/2002), 2003 AIR (Del) 461:

2003 (105) DLT 341: 2003(6) AD (Delhi)
281 [J.D.Kapoort]
Mansoor Mumtaz v. Saudi Arabian airlines
Corp ( 23/07/2001), 2002 AIR (Del) 103
(V.S. Aggarwal J
A.K.Sharma v. Director General of Aviation
[DB] (18/04/2002) AIR ( Del) 357: 2012
(98) DLT 738 [Anil Dev Singh, J Madan, B
Lokur, J)
S.E.B.I. (S)
VERSUS
SAHARA INDIA REAL ESTATE CORP.
LTD. & ORS.
Open link:
http://supremecourtofindia.nic.in/outtoday/s
ahara-cc41212.pdf 2014
The Warsaw system
The Hague protocol
MODULE IV:
11,12
THE
LIABILITY
OF THE
CARRIER
The Guadalajara Convention

The Montreal Convention
Lecture
Examples
Discussion
Presentation
Numerical
problems
Lecture 7 Power Point

SIMULATED CASE STUDY UNIT 10 of
Book 1
13,14,15
MODULE V:
PRODUCT
LIABILITY
AIR
NAVIGATIO
N
AUTOMATI
ON &
AIRWORTH
INESS
Crash worthiness/ Punitive

damages/
Examples
Discussion
Reflections
Codification OF Product liability

Aircraft Handling
Air traffic Control
Passenger Handling
Cargo handling


Book 1
Damage to third parties

Air Collisions
MODULE VI:
16,17
SURFACE
DAMAGE
AND
COLLISION

Presentation
Examples
Discussion
Passenger Handling
Cargo handling

Book 1
Risk evaluation
MODULE
18
VII:
INSURANC
E
Insurance
Presentation
Discussion/
interactive
Hijacking

Book 1
Precautionary attachment of
Aircraft
MODULE
19,20,21
VIII:
RIGHTS IN
THE
AIRCRAFT
International recognition of
Rights in the Aircraft
Leasing
Cape town convention
Presentation
Discussion/
interactive

CASE LAW: Marian Kozubski v. Aero
transport Court of Haarlem ( Netherlands)
23rd March 2012
Search and rescue
MODULE
20,21
VIII:
ASSISTAN
CE AND
SALVAGE
Financial aspects
Lecture 12Power Point
Presentation
Discussion/
interactive

CASE LAW:
Tokyo convention
Financial aspects
22,23,24
MODULE
IX: PENAL
LAW AND
AVIATION
Hague Convention
Montreal Convention
Presentation
Discussion/
interactive

CASE LAW: United states v. Cordova and
Santono US district court Eastern district of
New York 17th March 1950
C.
Evaluation Scheme: Continuous Evaluation

Description
Marks
Schedule
1.
Internal Examination
30 %
Detailed below
2.
Mid Semester Exams
20 %
Refer Academic Calendar
3.
End Semester Exam
50 %
Refer Academic Calendar
G. SUGGESTED READINGS:
G :1TEXT BOOKS:
1. An Introduction to Air law by Dr I.H. Pb Diederks- Verschoor, Kluwer law International (Hereinafter
Book 1)
2. MDSA 811D Aviation Law & Insurance (Hereinafter Book 2)
3. Power point presentations and handouts

G : 2 REFERENCE BOOKS
4.
5.
6.
7.
8.
9.
Airforce act,1950 along with The Air Force Rules, 1969 Universal Bare act
Aircraft act 1934 Bare act
International Airport Authority Act [Act No.43 Of 1971] With Allied Acts] Bare act
Air Law and Policy in India S. Bhatt, VS Mani, V. Balakista Reddy Lancer Books 2008
Power point presentations made at class.
Handouts as and when made
Journals/Business Magazines:
http://www.icao.int/Pages/default.aspx
http://www.dgca.nic.in/
http://www.civilaviation.gov.in
http://www.aai.aero/ation.nic.in
http://www.iata.org
G: 3 CASE STUDIES ( Minimum) (Title, Module No. and Session No. may be mentioned)
S.No Title
Source
Modul Sessio
.
e No.
n No.
1.
Chairman &
III
5
Book 2.
Managing
Appointment of Air Taxi operators case
director,
Indian
Airlines v
Binod Kumar
Sinha (2001)
8 SCC 722
2.
3.
Air India v.
Union of
India (1995)
4 SCC 734
Air India
cabin crew
Assn v.
Yeshawinee
Merchant,
2003 6 SCC
277
Book 2.
Transfer of services case
III
Book 2.
Retirement of Air hostesses case
III
Dum Dum
Municipality \
commr of \
Dum Dum v.
Indian
tourism
development
Corp 1995 5
SCC 251
Jagdish
Yadav v.
Book 2.
Property tax by municipalities on Airports of
India
III
Book 2.
Cancellation of Airport entry passes restricted.
III
Union of
India
( 30/05/2003
), 2003 DLT
359 2006 (6)
AD (Delhi)
127
[S.K.Mahaja
n]
British
Airways Plc
v. Union of
India (2002)
2 SCC 95
Geetha
Jethani v.
Airport
Authority of
India and
Ors 2004 (3)
CPJ 106
(National
Consumer
Disputes
Redressal
Commission)
.
Ramnath
exports
private Ltd v.
Chairman of
Air India
(19/05/2002)
, 2003 AIR
(Del) 461:
2003 (105)
DLT 341:
2003(6) AD
(Delhi) 281
[J.D.Kapoort]
Mansoor
Mumtaz v.
Saudi
Arabian
airlines Corp
( 23/07/2001
), 2002 AIR
(Del) 103
Book 2.
Liability of storage in goods from Aircrafts
IV
Air Carrier Liability in India
IV
10
Book 2.
Negligence of Air India Failure to deliver
consignment on time
11
Book 2.
Allotment for sale of Aviation Insurance at
Palam & IGI Airports - Tendering
VII
16
10
11.
(V.S.
Aggarwal J)
A.K.Sharma
v. Director
General of
Aviation [DB]
(18/04/2002)
AIR ( Del)
357: 2012
(98) DLT 738
[Anil Dev
Singh, J
Madan, B
Lokur, J)
S.E.B.I. (S)
VERSUS
SAHARA
INDIA REAL
ESTATE
CORP. LTD.
& ORS.
Book 2.
Cancellation of permit for carrying on Aviation
Business
Constitution of India Art 226 Natural justice
requiring show cause notice
IX
22
http://supremecourtofindia.nic.in/outtoday/
sahara-cc41212.pdf 2014
IX
22
G: 4 WEB SOURCES:
http://www.law.georgetown.edu/library/research/guides/intlAntitrustLaw.cfm
http://cci.gov.in/index.php?option=com_resrep&task=level&limit=10&limitstart=10
Database: Ebsco
H. Instructions
a) All students will be divided in groups comprising of 3- 4 students in each.
b) Students are expected to read the concerned sessions contents in advance before coming to the class.
c) The session will be made interactive through active participation from students. The entire session will be conducted
through question-answer, reflections, discussion, current practices, examples, problem solving activities and
presentations etc.
d) In the case study session all students are expected to prepare their analysis and answers/decisions in their respective
groups. Any group may be asked to present their views and defend the same.
e) All schedules/announcements must be strictly adhered to.
f) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared to appear for the viva and
strictly appear on given time, otherwise, he/she will loose the marks.
g) Late entry(Max. 5 minutes from the class timing) in the class will not be allowed.
Annexure-I
UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES
INTEGRATED
BA. LLB(HONS.) ENERGY LAW

SEMESTER IX
ACADEMIC YEAR: 2014 -15
SESSION: JULY-DECEMBER
ASSIGNMENT NUMBER 1
FOR
AVIATION LAW (LLBL 407)
Under the Supervision of: Faculty name
(SAMPATH KUMAR KP)
NAME:
_______________________
SAP NO:
_______________________
ROLL NO
-------------------------------------
Section A (10 Marks)

(Attempt all questions. Each questions carry equal marks)
General Question- subject matter
Write short notes on any four of the following:
Q. No.1 Airport authority of India role in Aviation sector
Q. N0.2 Significance of Carriage by Air Act
Q. N0.3 Cobotage
Q. No. 4 briefly describe the functioning of ICAO
Q. No.5: Tokyo convention of 1963
Section B (20 marks)- Conceptual Question

Q. N0.6 Role of DGCA in regulating aviation sector as per Aircraft act
Q. N0.7 Significance and Short coming of the Aviation authority bill
Section C (20 marks)- Analytical question

Q. N0.8 Critically analyze the regulatory role played by the airport economic regulatory
Authority ? Is their any conflict of functioning between Airport authority and Airport
regulatory authority?
Q. N0.9: Explain salient differences in various international conventions governing crimes
Committed on board of an aircraft?
Section D (50 marks)

(Attempt all questions. All questions carry equal marks)
- Application Based Question
Read the case Case / problem and answer the following questions:
Case Study/ Case Details/ Problem Details
An Airline company wants to frame their internal policy on liability of carriages based on the Warsaw,
Montreal conventions and the carriages by air act. Assuming you are the legal advisor provide your
opinion on the questions below taking into account that the airline company wants to operate both
internationally and nationally within India
Questions: Based on the Case Study/Case Details/Problem Details

Q. No.9What are the liability mechanisms under the Warsaw convention
Q. N0.10 What are the liability mechanisms under the Montreal convention
Q. N0.11 What are the liability mechanisms by the carriage by Air act?
Q. N0 12 In the event that the damage to the aircraft was due to an Act of God what would be
its repercussions under all the conventions discussed above?
Q. N0.13: As the legal advisor what can you suggest to the management taking into
consideration of the probability of an accident in an Indian airport for all national and
international carriages?
INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
1. All the questions of the assignment must be handwritten.
2. To answer your assignment questions you need to access multiple information sources like
a.
b.
c.
d.
Your own prior experience.

Regular reading of Books, Law Journals, magazines and News papers
Reference Books
Browsing the internet for latest updates.
3. Please remember that due to the dynamic and rapidly changing global legal environment and the
continuously realigning geopolitical situation, your answers should capture and depict the current
contemporary information.
4. As a student of Law, we encourage to have a contrary point of view. But do ensure that you can provide a
logical justification to this view supported by verifiable facts, figures, statues and decided cases by various
higher courts.
5. Caution: Remember to provide original answers only as your Assignment submissions will be run through an
anti-plagiarism software (Turnitin).
Annexure-II
GUIDELINES FOR PROJECT WORK
The project will be completed as follows:
1. Abstract: One page in around 300 words
It may be in 3 paragraphs
a.
b.
c.
d.
Highlighting the topic

Areas of concern and expected solution
Scheme of research
Key words
2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chapterization
3. Submission of Final Project report after approval of synopsis.
a. Excluding the Cover page, index page and bibliography the main write up should be around 20 pages.
Single Space, Times New Roman, Font Size 11. Printed both sides
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor name, Student
details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue Book 19 th Edition)
and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters, conclusion, recommendation,
foot notes and required bibliography.
4. The project work shall
a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the students capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned
5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and the portion of the
/project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration with others.
6. A certificate to the effect that the project work carried out by the student independently or in collaboration
with other student(s) endorsed by the student shall form the part of the submission for evaluation.
7. Every student who spends a specified period of time in an industry/organization/institute for reasons of work
related to his/her project work, with prior permission from the Coordinator concerned will explicitly
acknowledge working in the relevant industry/organization/institute.
8. All projects submitted by the students will go through the process of plagiarism check through the antiplagiarism software (Ternitin). The report produced by the software will necessarily be as per the standards
prescribed by the university. If the report is below standards the supervisor will reject the project and award
zero marks.
i As per internal assessment schedule attached as Annexure IV

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Format No. QSP/7.1/01.

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

Integrated BA.LL.B Energy Law (Hons) 2011

July to Dec. 2015

Sampath Kumar K.P.

July 2014 December-2014

Subject code: LLBL 407

Act of 1934 and the Air corporations ( Transfer of

MODULE II: CHICAGO CONVENTION

MODULE III: REGULATORY FRAMEWORK

AIR NAVIGATION AUTOMATION & AIRWORTHINESS

MODULE IX: ASSISTANCE AND SALVAGE

MODULE X: PENAL LAW AND AVIATION

MODULE XI: OPEN SKIES POLICY

Include: Course room exercise/ Case Analysis

Sessions: 3 (lectures of 1 hour each)

2. Mid term Exam

End term Exam

College of Legal Studies

Passing Criterion: minimum 40% of the highest marks in the

F. DETAILED SESSION PLAN

College of Legal Studies

Chalk & Talk

lecture 2: Power point

Aircraft Act of 1934

DGCA Director General of Civil

lecture 3: Power point

Air India (19/05/2002), 2003 AIR (Del) 461:

The Guadalajara Convention

Lecture 7 Power Point

Crash worthiness/ Punitive

Codification OF Product liability

Lecture 8 Power Point

SIMULATED CASE STUDY UNIT 15 of

Damage to third parties

Aircraft design and Maintenance

Lecture 9 Power Point

Lecture 10 Power Point

Cape town convention

Lecture 11 Power Point

College of Legal Studies

Search and rescue

Lecture 12Power Point

Pages 281 to 286 of Book 1

Lecture 13 Power Point

Pages 289 to 308 of Book 1

Evaluation Scheme: Continuous Evaluation

Mid Semester Exams

Refer Academic Calendar

End Semester Exam

Refer Academic Calendar

3. Power point presentations and handouts

College of Legal Studies

College of Legal Studies

Air Carrier Liability in India

College of Legal Studies

College of Legal Studies

College of Legal Studies

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

BA. LLB(HONS.) ENERGY LAW

ACADEMIC YEAR: 2014 -15

Section A (10 Marks)

Section B (20 marks)- Conceptual Question

Section C (20 marks)- Analytical question