Law

Mankind must either give themselves a

law and regulate their lives by it or live no better than the wildest of the wild beasts.
Plato

Law is the great civilizing machinery. It liberates the desire to build and subdues the desire to destroy. And if war can tear us apart, Law can unite us out of fear, or love or reason, or all three. Law is the greatest human invention. All the rest, give man mastery over his world. Law gives him mastery over himself
- Lyndon B. Johnson, TIME September 24, 1965 page 48.
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What is Law ? Law is command of Sovereign Austin. The body of principles recognized and applied by the State in the administration of justice . - Salmond Body of rules whether proceeding from formal enactment or from custom, which a particular state or community recognizes as binding on its subjects or members. Rule of conduct of persons imposed upon and enforced among the members of a given state.
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Why Law? A basic necessity of the society. Smooth functioning of social, economic and political systems of the nation. Rules and Regulations are required to provide firmness in our Mutual relationships. Rule of law is the essence of civilized society. It provides certainty to our relationships. Establish rights and duties of individuals. control concentration of power.
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Characteristics of Law
A body of Rules
Prescribe the conduct, standard or pattern to which actions of the persons in the state are required to conform. Not ethical or moral rules.

Not static
responds to public opinion and changes throughout the course of history.

Is for the guidance and conduct of persons.

to ensure that members live and work together in an orderly manner.

is imposed.
obligatory on the members of the society.

enforced by the executive

fear of consequences ensures observance of law.

presupposes a state
a territorial division

maintain some form of social order in a group.

For self preservation of the group, formed due to social instinct.

compel group members to be within that order

By penalising non-observance of rules.

Serve social, political or economic purpose.

One of these purposes.
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Why Law in Business ? Law and business are closely related. They complement each other. Most business aspects are regulated by law.
Installation of business itself involve legal provisions Contracts entered into by the Company Decision making process in business Settlement of disputes between different parties.

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Sources of Law
Constitution
The fountain source of law

Statutes
due recognition by the constitution, enacted by Parliament, State Legislatures and Union Territory Legislatures

Judicial precedents - Case law

The decisions of the higher courts are binding on lower courts. customary law local customs and conventions which are not against statute, morality, etc.

subordinate legislation
in the form of rules, regulations as well as by-laws made by Central and State Governments and local authorities

Personal Laws.
Marriage, succession etc.. , based on religion.

English law.
The common Law, equity, the law Merchant
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Ignorance of Law An important legal maxim: Ignorantia juris non excusat Meaning: Ignorance of law is not an excuse.

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Rule of Law
Aristotle : "law should govern and those in power should be servants of the laws. The Rule of Law, in its most basic form, is the principle that no one is above the law. The core of rule of law is an autonomous legal order. The doctrine of Rule of Law has been adopted in Indian Constitution. The Constitution guarantees equality before law and equal protection of laws. The most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. Article 13(1) of the Constitution : All laws in force in the territory of India immediately before the commencement of the Constitution, in so far as they are inconsistent with the provision of Part Ill dealing with the Fundamental Rights, shall, to the extent of such inconsistency, be void. Article 13(2): The State should not make any law which takes away or abridges the fundamental rights and any law made in contravention of this clause shall, to the extent of the contravention, be void.
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Supreme Law of India The Constitution

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE o LIBERTY EQUALITY

FRATERNITY

social, economic and

political;

of thought, expression, belief, faith and worship; of status and of opportunity;

and to promote among them all assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,

DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION10

Making of Law
The Constitution of India lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens. provides for separate executives and legislatives for the Union and for each of the States and demarcates the powers of each. The residual power is with the Union. The judiciary is unitary in structure Laws made by Parliament may extend throughout or in any part of the territory of India Laws made by State Legislatures may generally apply only within the territory of the State concerned. the judiciary, has the power to adjudicate upon the constitutional validity of all laws. If a law violates any provision of the Constitution, the Supreme Court has the power to declare such a law invalid or ultra vires.

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Judiciary
Single integrated system of Courts to administer both Union and State laws. Apex of the entire judicial system - Supreme Court of India Below are the High Courts in each State or group of States. A hierarchy of Subordinate Courts exist below that. State laws provide for different kinds of Subordinate Courts Each State is divided into judicial districts presided over by a District and Sessions Judge. The Sessions Judge is the highest judicial authority in a district. Below Sessions Court, there are Courts of civil jurisdiction, known in different States as Munsiffs, Sub-Judges, Civil Judges and the like. The criminal judiciary comprises the Chief Judicial Magistrates and Judicial Magistrates of First and Second Class.
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Supreme Court - Jurisdiction

Original Jurisdiction - Art. 131
Disputes among Sates or between states and Govt. of India

Writ Jurisdiction - Art. 32

Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto

Appellate Jurisdiction: Civil and criminal Art. 132(1), 133(1) or 134 From Judgment, Final Order, Decree, Sentence of High Court Special Leave to Appeal - Art. 136 from any judgment, decree, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India. Advisory Jurisdiction Art.143 opinion on question of Law or Fact, which has arisen or likely to arise and of great public importance. Opinion not binding on Govt. Review - Art. 137 To review any judgment pronounced or order made Court of Record Art. 129 and 142 Power to punish for Contempt of itself Complete justice Art.142 Powers to pass such decree or order as may be necessary for doing complete justice between the parties.
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Public Law and Private Law

Public law
determines and regulates the organisation and functioning of states. Also regulates the relation between the state and its subjects. includes Constitutional Law, Administrative Law, Criminal law, Municipal Law, International Law

Private Law
regulates the relations of citizens with one another as of that of public importance Primarily concerned with the rights and duties of individuals with each other includes Law of contract, Law of Tort, Law of Property, Family Laws etc.
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Legal entity
Legal personality allows one or more natural persons to act as a single entity (a composite person) for legal purposes. Legal personality allows such composite to be considered under law separately from its individual members or shareholders. They may sue and be sued, enter into contracts, incur debt, and have ownership over property. Entities with legal personality may also be subject to certain legal obligations, such as the payment of tax. An entity with legal personality may shield its shareholders from personal liability. In addition to Companies Act, 1956, there are some other laws under which artificial persons can be brought into existence. Eg. Societies Registration Act, 1860; Co-operative Societies Act, 1912.
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Rights Origin of rights: custom, law or Tort. Rights, if legally protected are enforceable. Rights are always vested in a person. Right relate to a subject matter. Right is correlative of a duty. Personal rights - and Proprietary rights

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CRIMINAL LAW AND CIVIL LAW

1. 2. 3. Part of Public Law Crime - against State. Concerned with wrong doings against individuals or public at large. Some govt. Agencies or officials initiate action. Attracts legal punishment by way of imprisonment or fine. Objective is to award punishment for the unlawful act committed by the person. Injured individual can also enforce criminal law by initiating criminal proceedings. The injured individual will not get compensated. 1. 2. 3. Part of Private law. Civil wrong against individuals. Concerned with the rights and duties of individuals against each other. The plaintiff institutes civil suit against the defendant. No punishment, but compensation or damages. To restore the injured party to the position he occupied prior to the defendants wrongful act. Even when criminal case is pending, civil action is possible for the same wrong. The injured individual gets compensated.
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4. 5. 6.

4. 5. 6.

7.

7.

8.

8.

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Business Law That branch of Law which prescribes a set of rules For the governance of certain transactions and relations between : Business and business Business and customers. Business and government.

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