Assignments - Business Law

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Answer -1 ->

When expanding into new markets or areas, corporations may need more funding from
outside investors or lenders. As a result, they're able to invest in R&D or protect
themselves against the likes of competitors. It is common for companies to try to raise
money from their own profits, but it is typically more beneficial to seek out external
lenders or investors.
There are a finite amount of financing sources available to the world's millions of firms,
notwithstanding the wide variety of sectors represented. Searching for funding may be
done via retained earnings, loan capital, or equity capital.
• In order to engage in new endeavors and continue their expansion, businesses
need to obtain funds.
• There are three different types of capital that corporations may raise: retained
profits, loan capital, and equity capital.
• Companies that use retained earnings don't owe their shareholders anything, but
those shareholders may anticipate a rise in profits from the company.
• Borrowing money from financial institutions and selling bonds to the general
public are two methods that businesses use to accumulate debt capital.
• Equity money, which originates from outside investors, is obtained for free but
does not enjoy any tax advantages.

Sources of Funding -
1. Retained Earnings - Making a profit in business requires selling a product or
service at a price that is greater than what it costs to produce. This is the most
essential source of funds for every company, and it should ideally be the
primary way through which the organisation brings in money. Earnings that
are retained are those that are available for use after all other expenses and
commitments have been met (RE).
They are particularly valuable because the firm chooses to keep the money in
retained earnings rather than paying dividends to the shareholders. When
companies increase their revenue, they see an increase in their retained
earnings, which in turn enables them to access a greater pool of accessible
capital. In order for a business to maintain its profit level, increased dividend
payments to shareholders are required.

2. Debt Capital - Borrowing money is an option for businesses, just as it is for


individuals. It is fairly uncommon for businesses to take out loans in order to
finance new ventures and fuel development. There are many different contexts
in which debt money might be beneficial. for needs that can be satisfied in the
near future and businesses with a rapid expansion rate need a significant
amount of capital in a timely manner. The process of borrowing money may
be done in private via standard bank loans or loans from other lenders, or it
can be done openly through the issuing of debt.
Debt capital may come in the form of traditional loans as well as issuance of
debt. The issuing of debt in the form of corporate bonds is one example of
this. They make it possible for a wide variety of potential investors to become
the company's lenders or creditors. Banks, other financial organisations, and
other lenders are potential options for people and businesses alike when it
comes to obtaining the funds they need.

3. Equity Capital - A company could be able to obtain capital by offering


ownership stakes in the form of stock to investors, who would then take on the
role of shareholders. This kind of funding is known as equity finance. There
are two ways for privately held enterprises to earn revenue: either by selling
shares to close relatives and acquaintances or by going public through an
initial public offering (IPO). A secondary offering is something that a publicly
traded firm could do if it needs more cash.

The use of retained profits is one of the primary methods through which firms may
generate money from inside the company. This is the quickest and most convenient
approach to use in doing so. The phrase "retained profits" refers to any net income that is
left over after all costs and obligations have been satisfied. This is a generic word that
covers a wide range of situations.
Earnings retained in the firm, loan capital, and shareholder investment are the three basic
sources of financing for enterprises. Earnings that are retained are those that remain after
a company has deducted all of its operational expenses and met all of its financial
obligations. A company may get debt capital by borrowing money from financial
institutions in the form of loans or selling corporate bonds to fund its operations. Equity
capital is cash produced or earned by a public firm via the market selling of new shares to
existing shareholders. One way to achieve this aim is to sell common or preferred stock.
Answer -2 ->

Workers, unions, and government all have a role to play in the implementation of labour
laws. Maintaining a working relationship between the federal government and its workers
is made possible by the protection of labour rights, unions, and pay. With the objective of
teaching workers and employees about their rights and setting a standard guideline for
labour work practises, this code serves to safeguard them. Employment law and labour
law are often misunderstood. Comparatively, employment law focuses exclusively on the
interactions between employers and their workers.
It is the goal of labour legislation to set up a framework for workplace relations that
promotes cooperative working relationships between unorganised workers and unionised
employees. Labor relations, the roles of trade unions, an acceptable working
environment, working conditions (including strikes), and labour security are its primary
focus. Workers or employees are often the focus of both Labour and Employment
standards laws, which are regulated by statutes in relation to the conditions of
employment, such as wages and working hours, as well as other aspects of the workplace.

1. Randhir Singh v. Union of India, 1982 AIR 879 - At the time of the incident,
the petitioner, Randhir Singh, was working as a driver for the Delhi Police. He
said that his salary was much lower than that of other drivers for the Delhi
Administration. It was said that the drivers working for the Delhi Administration
do duties that are comparable to those of the drivers working for the other
departments.
According to the highest court in India, the concept of equal pay does not occur
anywhere in the Indian Constitution, which means that it cannot be protected as a
fundamental right. However, the basic principles of the State Policy are included
in Article 39(d) of the Indian Constitution, which states that men and women are
entitled to equal remuneration for equal work.
The Supreme Court of India interpreted the principle of equal pay for equal labour
by reading Articles 14 and 16 of the Indian Constitution in light of Article 39(d)
Directive Principles’ of State Policy. This led to the court's conclusion that
women should get equal pay for equal work. According to this point of view, the
Supreme Court issued an order directing the Delhi Police to fix the driver's salary
in a manner that is comparable to the incomes of other drivers who are hired by
the Delhi Administration.

2. Bandhua Mukti Morcha v. Union of India, 1984 AIR 802 - The petitioner in
this case was an organisation, and they sent a letter to Justice P.N. Bhagwati
concerning the dreadful working circumstances that a considerable number of
their workers were subjected to at stone quarries located in Faridabad, Haryana.
The organisation detailed the brutal and degrading working conditions that the
workers were subjected to at work, as well as the several provisions of the Indian
Constitution that were not being carried out in their favour. The petitioner said in
the letter that the name of the stone quarries as well as the workers' point of
interest should be obtained through a writ due to the fact that numerous social
welfare laws allow for it.
The letter sent by the petitioner was taken into consideration as a writ petition,
and the Supreme Court appointed a committee to examine the events as the
petitioner had described them. After conducting an investigation into the matter,
the commission reached the conclusion that the petitioner's claim should be
upheld since there was evidence of bonded labour and there were major violations
of labour standards.
On the basis of the investigation conducted by the commission, the highest court
ruled in favour of the petition. The court also stated that it was the responsibility
of the state government to rectify the situation because the state government had
failed to guarantee appropriate compliance with labour regulations. The supreme
court went on to declare that the employees were being held in slavery and in
dreadful circumstances, which violated not only Article 21 of the Constitution but
also human rights regulations. The court went on to add that the conditions in
which the workers were being kept were appalling. The petitioner's fundamental
rights had been violated as a result of the actions of the stone quarries companies,
as Article 21 of the constitution stipulates that the "right to live with dignity" is
one of the fundamental rights, and that it is the responsibility of the state to ensure
proper compliance with such rights in the event that they are violated. The
petitioner's rights had been violated as a result of the stone quarries companies.
Answer -3a ->

A professional and well-balanced dispute resolution process is necessary for the


partnership firm's business to run well. The method starts with the parties determining the
kind of resort they want, or any other technique specified in the Partnership Agreement.
If the issue is resolved by mediation, the meeting with the mediator or the venue of the
mediation would be considered part of the process for resolving the conflict.
All parties involved in a partnership dispute have many options for resolving their issues.
The parties may use alternative dispute resolution (ADR) to negotiate a settlement or go
to court to settle their issue.
A person has three most effective options for settling a relationship problem, which are
described here –
1. Arbitration – The parties to the dispute or the court may choose an arbitrator to
preside over the arbitration hearing. In order to prevent additional legal action, the
parties must follow the arbitrator's findings. It is thought to be a more cost-
effective, simple, and speedy way of dispute settlement than going to court.

2. Mediation – The practise of choosing a neutral third person to help the settlement
of a dispute is referred to as "mediation." The mediator's role is to facilitate an
open and honest discourse rather than to make a decision. It is a very cost-
effective approach of resolving a conflict while also allowing the parties to
contribute to the resolution of their differences. The mediator will not compel the
parties to make a decision. The settlement of the issue is chosen only by the
parties participating in the mediation process, rather than by a neutral third party
such as a court.

3. Negotiation - Negotiation is one of the most prevalent strategies for settling


disagreements, and it is typically seen as one of the most straightforward. It is not
uncommon for the disputants to be able to negotiate a dispute resolution that is
agreeable to both of them without the need for formal mediation.

Alternative Dispute Resolution (ADR), which is one of the three methods that may be
used to resolve conflicts, is considered to be the most effective technique for settling
issues involving partnerships. Alternative Dispute Resolution (ADR) is the method that is
used to settle partnership issues the most often.
Answer -3b ->

Prior to learning about mediation, a large number of people were unaware of any
alternative to the traditional lawsuit and trial system before a judge and jury. However, as
the number of contractual relationships increases, so do the number of disputes, and
courts are already overburdened with cases and judge shortages. As a consequence,
people, professionals, and even courts have begun to use Alternative Dispute Resolution
(ADR) to bring comfort and swift justice to warring parties who, in the majority of
situations, prefer to maintain the status quo of their relationship. In ADR, a neutral third
party facilitates a productive discussion between the parties, helping them to find a
mutually acceptable conclusion. In mediation, the role of the third party (mediator) is to
facilitate discussion between the parties; in arbitration, the role of the third party
(arbitrator) is to evaluate the evidence and make a binding decision; in conciliation, the
role of the third party (conciliator) is to facilitate discussion and offer solutions to the
parties; and in negotiation, the parties discuss amongst themselves.

Advantages of ADR –
❖ The parties may choose their own arbitrator, mediator, or conciliator, which
means they can choose an expert with understanding of the dispute's subject
matter rather than someone with technical and procedural competence.
❖ Because no expert witnesses or attorneys are required, ADR procedures are less
costly, and the process is quicker, saving time and avoiding the expense of
lengthy litigation.
❖ Unlike in civil law countries, where disputes are decided by a jury that may be
biased, unpredictable, and emotionally charged, ADR does not use a jury.
❖ The parties in an arbitration case have greater flexibility in defining the
procedural and discovery procedures that apply to their dispute. This means that
companies may choose to be governed by industry standards, local laws, or even
international laws.
❖ The parties are extensively involved and participating in ADR, and they have the
ability to achieve an agreement and make their own decisions.
❖ Parties are more likely to maintain their business and social interactions.
❖ The results of the ADR procedure may be kept confidential if the parties agree.

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