LAW : LAW Since time immemorial every society has its own law.
Law is a social science – grows with society.
Law means different things in different times – highly dynamic concept with core values
Dharma (Hindu), Hukum (Islamic), Jus (Roman), Droit (French), Richt (German) What is law? : What is law? Romans: Law is the standard of what is just and unjust.
Hindus: Law is the command of God. Hence, the Ruler is also bound by law.
Austin: Law is the aggregate of rule set by men as politically superior, or sovereign, to men as politically subject. In other words, law is command of the sovereign. Slide 3: Kelson’s Pure Theory: Law norms are ‘ought’ norms (Grundnorms). Every legal act relates to a norm which gives legal validity to it.
Roscoe Pound: The task of law is continually more efficacious social engineering (balance between competing interests in society).
Salmond: the body of principles recognised and applied by the state in the administration of justice. SOURCES OF LAW : SOURCES OF LAW Custom
Morals and equity
Opinions of experts Essentials of a Custom : Essentials of a Custom Antiquity
Reasonableness / public policy
Conformity with statute law What is a Precedent? : What is a Precedent? According to Oxford Dictionary, Precedent is a previous instance or case which is, or may be taken as an example of rule for subsequent cases, or by which some similar act or circumstances may be supported or justified.
Precedents are the results of creative role of the judges while dealing cases.
Res judicata is an instance of precedent.
Stare decisis (stand by decided cases), ratio decidendi (law declared) Legislation : Legislation Promulgation of legal rules by an authority which has the power to do so. (Parliament, Legislatures, President, Governor, King/Queen etc.). Also known as Supreme Legislation.
Subordinate / Delegated legislation (Rule making power of executive) What an MBA student know in Law : What an MBA student know in Law He should develop a ‘legal sense’ to know his rights and obligations as per relevant law.
Remember “ignorance of law is no excuse”.
There are many legislations affecting the business entity today. Basic knowledge of some of the legislations, rules, notifications and clarifications under various provisions of the concerned Acts would help in carrying out the business without legal problems. Some of Acts may be grouped under: : Some of Acts may be grouped under: General Laws,
Commercial & Corporate Laws
Labour and Industrial Laws
Taxation Laws General Laws : General Laws The Constitution of India [395 Articles divided into 22 Parts and 12 Schedules – fundamental rights, directive principles, constituting )
The Indian Penal Code, 1860 [ general penal code contained in 511 sections divided into 23 chapters)
Family Laws /personal laws (Hindu, Muslim & Christian – governing majority, adoption, inheretence of property, marriage, divorce, guardianship etc. in different Acts) Procedural codes : Procedural codes The Code of Civil Procedure, 1908 [158 sections and 51 Orders ]
The Code of Criminal Procedure, 1973 [484 sections divided into 38 chapters with 2 schedules – 1st schedule about classification of offences and 2nd schedule contains various forms used in following the procedure.]
The Indian Evidence Act, 1872 [167 sections divided into 11 parts) deals with proving facts by evidence–oral or written or circumstantial. Facts are the basis on which the rights and liabilities are ascertained to determine the case before hand. Commercial & Corporate Laws : Commercial & Corporate Laws The Indian Contract Act, 1872
The Indian Partnership Act 1932
The Negotiable Instruments Act, 1881
The Companies Act, 1956
The Foreign Exchange Management Act, 1999
The Competition Act, 2002
The Securities Exchange Board of India Act, 1992
The Consumer Protection Act, 1986 Environmental Laws: : Environmental Laws: The Water (Prevention and Control of Pollution) Act, 1973
The Air (Prevention and Control of Pollution) Act, 1981
The Environment (Protection) Act, 1986 Industrial and Labour Laws : Industrial and Labour Laws The Factories Act, 1948
The Industrial Disputes Act, 1947
The Trade Unions Act, 1926
The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
The Employees’ State Insurance Act, 1948
The Industrial Employment (Standing Orders) Act, 1946
The Workmen’s Compensation Act, 1923
The Maternity Benefit Act, 1961
The Minimum Wages Act, 1948
The Payment of Bonus Act, 1965
Shops and Establishment Acts of concerned States. Direct & Indirect Taxation Laws: : Direct & Indirect Taxation Laws: The Income Tax Act, 1961
The Customs Act, 1962
The Central Excise Act. 1944
The Central Sales Tax Act, 1956 & concerned State General Sales Tax Acts.
Host of State Acts & Rules relating to sales, excise etc. Slide 16: Thank You
Wish you great professional career