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Prepared By Manu Melwin Joy
Assistant ProfessorIlahia School of Management Studies
Kerala, India.Phone – 9744551114
Mail – [email protected]
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