Legal Environment of Business - Module 1 MBA - MG University

Prepared By Manu Melwin Joy

Assistant ProfessorIlahia School of Management Studies

Kerala, India.Phone – 9744551114

Mail – manu_melwinjoy@yahoo.com

Kindly restrict the use of slides for personal purpose. Please seek permission to reproduce the same in public forms and presentations.

1. Definition of law.2. Characteristics of law.3. Sources of law.4. Interpretation of law.5. Classification of law.6. Principles of natural justice.7. History of Indian judicial system. 8. Structure of Indian judicial system.

Contents

Definition of law

According to Holland,

“Law is a rule of external

human action enforced

by a sovereign political

authority”.

Elements/Characteristics of law

This definition states that,

following elements should be

available in a law

– A body of rules.

– External acts of human being

governed by rules.

– A sovereign political authority

enforcing rules.

Sources of Law

English Law Judicial Decisions

Customs and usage

Indian Statute

English common Law

Equity Law Merchant Statute law

Interpretation of lawThe process by which the

courts of law try to

ascertain or understand the

meaning of the legislation

through the wording of

enactment is technically

called interpretation.

Rules of interpretation

• Literal rule of interpretation.

• Golden rule of interpretation.

• Mischief rule of interpretation.

• Rule of “Ejusdem Generis”.

Classification of Laws

1. Pubic and Private Law.

2. Civil and Criminal Law.

3. National and International Law.

4. Statute and Common Law.

5. General and Special Law.

6. Natural and physical Law.

Introduction

• PNJ were derived from the Romans who believed that some legal principles were “natural” or self evident and did not require a statutory basis.

• PNJ is embedded in Article 311 of the Constitution of India.

Principles of Natural Justice

1. Rule against Bias

2. Rules for the fair

hearing.

3. Reasoned decision.

History

Maharajas - Hindu Laws

Mughal Emperors - Islam Laws + HL

British Empire – English Common Law + HL + IL

Present - Constitution

Indian Judicial System

• Supreme Courts

• High Courts

• Subordinate courts

1. Definition of law.2. Characteristics of law.3. Sources of law.4. Interpretation of law.5. Classification of law.6. Principles of natural justice.7. History of Indian judicial system. 8. Structure of Indian judicial system.