Module 1: Introduction to Business Law

Law
rules

and principles which regulate relations between individuals and with the State. is the body of principles recognised and applied by the state in the administration of justice.

Law

Law and Society

Part

of human life.

Laws

are changed to fit requirements of the society. order in the society and enables to look ahead with some sort of security. juris non excusat

Establishes

Ignorantia

Branches of Law
Civil

Law Criminal Law Constitutional Law International Law Business/Commercial/Mercantile Law

Business Law
Comprises

laws concerning trade, industry and commerce. to those rules and regulations which govern the formation and execution of business transactions.

Refers

 deals

with rights and obligations arising out of mercantile transactions between mercantile persons.

Law and Business

Variety

of business situations involve legal

issues.
Law

is a major factor in decision-making

Birds Eye view of Constitution of India

Constitution

The Indian Constitution was framed by the Constituent Assembly and came into effect from 26th November 1949 (Preamble and Article 394). The Indian Constitution was in part modeled on the Government of India Act 1935 (an Act passed by the British Parliament) 26th Jan 1950

Source of all laws and judicial system Machinery by which laws are made Preamble of consti. Is the objective with which it begins

WE, THE PEOPLE OF INDIA, having solemnly The Preamble India into a [SOVEREIGN resolved to constitute SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twentysixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Birds Eye View of Constitution

1.

The Union and its Territories - 28 States and 7 Union Territories. Citizenship Birth, Descent, Registration Fundamental Rights Individual/Collective rights Fundamental Duties Individual duties Directive Principles of state policy

2.

3.

4. 5.

Birds Eye View of Constitution

6.

Provisions regarding union, State and Union territories Finance, property, Contracts, Suits, trade and commerce- Tax, revenue, freedom Other provisions Elections, Emergency provisions, amendments, Reservation rights

7.

8.

Fundamental Rights (Articles 12 to 35)

Right to Equality Right to Freedom Right against exploitation Right to freedom of religion Cultural and educational rights Right to constitutional remedies

FUNDAMENTAL RIGHTS

Equality before the law (which includes protection from arbitrary action of the State)
Freedom from discrimination on grounds of religion, race, caste, sex or place of birth, Equality of opportunity in matters of public employment, Freedom of speech and expression, To form association or unions, To move freely through India

FUNDAMENTAL RIGHTS

To reside and settle in any part of India Protection against deprivation of life and personal liberty,

Freedom of conscience and the profession, practice and propagation of religion.

Neither the Union nor the State legislative, executive or judiciary can act in violation of these fundamental rights. The right to property ceased to be a fundamental right from 1979 onwards but the Constitution provides that no person shall be deprived of his property save by

FUNDAMENTAL DUTIES
To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem, To value and preserve the rich heritage of our composite culture, To protect and improve the national environment including forests lakes, rivers and wild life and To have compassion for living creations and to strive towards excellence in all spheres of individual and collective activity

Directive principles of state

Equal pay for men and women A living wage Decent standard of living Workers participation Agriculture and animal husbandry on scientific grounds

Judiciary System in India

Judicial administration consists of the practices, procedures and offices that deal with the management of the system of the courts.

Structure of Judiciary

Hierarchy of courts The Supreme Court High Court Subordinate courts

1.

2.

3.

Supreme Court

Chief Justice Appointed by President Advisor to the government

High Court

Every State has a high court Chief Justice Appointed by president and chief Justice

Subordinate Courts

Two fold objectives One to appoint district judges and subordinate judges Second to place whole judiciary under the control of High court

Judicial Administration

1. Power to issue writs

a) Habeas Corpus b) Mandamus c) Prohibition d) Quo Warronto e) Certiorari

Habeas Corpus : Habeas Corpus To have a body Object: To set free a person illegally detained Producing Body in Court Necessary? Petition by friend/Relative also. Mandamus : A Command Order to do something: demands some activity Command to perform Public. It is a writ issued to a public official to do a thing which is a part of his official duty, but, which, he has failed to do

Prohibition : Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order

Certiorari : Principles of Natural Justice not followed: Bias: Personal, Speaking Order Decision obtained by Fraud, Collusion, Corruption Error of Law. The writ of certiorari is issued by the Supreme Court to some inferior court or tribunal to transfer the matter to it or to some other superior authority for proper consideration.

Quo Warranto :A legal proceeding during which an individual's right to hold an office or governmental privilege is challenged. It is a writ issued with a view to restraining a person from acting in a public office to which he is not entitled.

2. Rules of Natural Justice No one can be a judge in his own cause No one can be punished without being heard No one can be penalized on the grounds of conduct which he has not committed A quasi judicial order must be supported by reasons

3. Public interest Litigation (PIL)

Right to healthy life Child labor Compensation to victims Dehradun Mining case Kanpur Tanneries

Conclusion
However good a constitution may be, it is true to turn out bad because those who are called to work it happen to be a bad lot. However bad a constitution may be, it is true to turn out good because those who are called to work it happen to be a good lot.

True or False
1. 2.

3.

4. 5.

Law is the body of principles enforced by the judiciary Business Law is applicable to business only Managers can come to proper decision when they have working knowledge of law The Constitution of India is not merely a law, nit the source of all laws. Judges of Supreme and high court are appointed by law ministers

1. 2.

3.

Public interest litigation can be filed to seek remedy for any individual cause Parliament has no power to make laws on citizenship Business Law in India is an adaptation of English law

Assignment
1.

Write a note of structure of judiciary in India? Who has the power to issue writs? Explain the types of writs? Give a summary of the Indian constitution?

2.

3.

4. Update the following : Chief justice of Supreme Court Chief justice of Karnataka high court Names of states in India Names of Union Territories in India Speaker of parliament Number of high courts in India Tenure of Chief justice in supreme court and high court

NOTE
ALL ASSIGNMENTS MUST BE HAND WRITTEN ONLY NO PRINT OUT ASSIGNMENTS WILL BE ACCEPTED DATE TO SUBMIT THE ASSIGNMENT IS THE NEXT CLASS IN THE COMING WEEK