Kinds of law
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This document discusses the different kinds of law - substantive law and procedural law. Substantive law includes civil law and criminal law, and defines legal rights and duties. Examples of substantive laws are contract law, property law, and the Indian Penal Code. Procedural law governs how substantive laws are enforced in legal proceedings. Examples of procedural laws are the Code of Civil Procedure, Code of Criminal Procedure, and Law of Evidence. Both substantive and procedural laws work together in the legal system, with substantive law establishing legal rights and duties, and procedural law regulating how those rights and duties are enforced in courts.
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The document provides an overview of business law in India. It defines business law and discusses the nature, meaning, and scope of business law. It outlines the key sources of Indian law including customary law, judicial decisions, statutes, and personal laws. It also discusses fundamental rights in the Indian constitution as well as the directive principles of state policy. Finally, it provides principles with economic significance in India such as socialistic and economic principles related to adequate livelihood, equal pay, equal distribution of wealth, and just working conditions.
Legal Information
This document provides an overview of legal resources and sources of law. It discusses the different types of law that may apply including national law, private international law, public international law, and others. The primary sources of law are described as constitutions, statutes, case law, treaties, and customary law. Secondary sources include books, periodicals, dictionaries, and electronic databases. The document also outlines the various official and proprietary sources where these legal materials can be accessed.
World Legal System and their Salient Features
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
Lect._3.4_Sources_of_Law.ppt
This document summarizes the key sources of law in 3 categories: legal sources, literary sources, and specific sources. The legal sources that establish existing rules of law are the constitution, case law, legislation, equity, and custom. The literary sources that provide written records of legal rules include law reports, books, historical sources, and legal histories. The constitution is described as the most important legal source, establishing fundamental rights and government structure. Case law/common law develops legal principles from judicial precedents. Legislation includes acts of parliament and delegated legislation created by statutory bodies. Equity developed in parallel to the common law to provide fairness and remedies.
Indian legal system
India maintains a common law legal system inherited from the colonial era and
various legislations first introduced by the British are still in effect in modified
forms today. During the drafting of the Indian Constitution, Indian laws also
adhere to the United Nations guidelines on human rights law and the
environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India. Indian personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of
marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, and followers of other religions.
Mb0051 “legal aspects of business answer
The document discusses copyright under the Copyright Act. It defines copyright as the exclusive rights granted to the author or creator of certain types of works, including literary, dramatic, musical, artistic, cinematographic, and sound recordings. These rights include rights of reproduction, publication, performance, adaptation, translation, and communication to the public. The ownership of copyright initially vests with the author, subject to exceptions for works made during employment or under commission.
Mb0051 “legal aspects of business answer
The note on copyright discusses:
1. The meaning of copyright which includes the exclusive rights over literary, dramatic, musical, artistic, cinematographic and sound recording works.
2. Ownership of copyright which generally vests with the author, except for works made during employment or commissioned works.
3. The summary captures the key aspects of copyright definition and ownership in 3 sentences as requested.
Sources of Law.pptx
This document outlines the course content for a course on commercial and industrial law. It begins with an overview of the key areas of law that will be covered, including contract law, company law, employment law, and trade unions. It then lists the learning outcomes which are to describe, explain, apply, analyze, and interpret the relevant laws. The document goes on to define law and the differences between civil and criminal law. It also discusses the key sources of law, including the constitution, statutes, judicial decisions, customs, equity, religion and opinions of jurists.
business law
This document provides an overview of Business Law topics including sources of Business Law. It discusses how Business Law is the branch of law comprising laws concerning trade, industry and commerce. The key sources of Business Law discussed are English Law, Statute Law, Case Law, and Customs & Usages. Important Statute Laws governing contracts, sale of goods, partnerships, and companies are also outlined.
Indu mehta constitutional law practice
The document provides an overview of constitutional law in India. It defines constitutional law as the body of law that defines the relationship between different government entities. It notes that the Indian constitution is the supreme law of India, containing 448 articles and 12 schedules. It discusses the preamble, evolution of the constitution through the constituent assembly, and implementation on January 26, 1950. It outlines the main branches that create, interpret, and enact law, as well as features of constitutional law practice in India like fundamental rights and writ petitions.
Chapter 01 Sources Of Law
This document provides an overview of law and its sources in India. It defines law and discusses its key purposes and functions which include making human associations possible, ensuring orderly conduct, and achieving justice, continuity and impartiality. It classifies law into public law and private law. The principal sources of law discussed are customs, judicial precedents, and statutes. Customary law derives from long-standing practices while precedents provide consistency through the doctrine of stare decisis. Statutes are laws passed by legislatures. The document also discusses the hierarchy of courts in India and how higher courts' rulings bind lower courts.
Jigl f inal notes 26 06_20
Air Force officers are preeminent for our nation. Their contribution to safeguard the nation by taking charge of the air space is something which is commendable. Therefore, officers of such high stature should be bestowed with best looking badges which would reflect their limitless contribution to the nation. So, employing the best badge manufacturer in California for crafting the insignias for Air force officers is utmost necessary
Day 30
The document discusses the different sources of law in the United States, including statutory law which is passed by legislatures, common law which develops from legal precedents, administrative law issued by government agencies, and constitutional law based on Supreme Court interpretations of the Constitution. It also outlines the differences between civil and criminal cases, noting that civil disputes are between individuals while criminal cases involve alleged crimes against society. The purpose is for students to understand the hierarchy and application of various laws in the US legal system.
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Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
MENSREA.pptx
Dr. Anjali Dixit is an associate professor. She holds the position of associate at her place of work. The document provides her name and professional titles.
Prospectus
This document provides contact information for Anjali Dixit, an assistant professor and founder of www.nyatsalegalorb.com. Dixit has expertise in company law, specifically regarding prospectuses under the Companies Act. Her contact number is provided for those seeking guidance on topics related to company law prospectuses.
DOCTRINE RELATED TO COMPANY LAW
The document discusses two doctrines related to company law:
1) The doctrine of corporate social responsibility, which holds that organizations should advance societal interests by avoiding harm and engaging in beneficial acts, traditionally categorized as environmental, ethical, philanthropic, and economic responsibilities.
2) The doctrine of alter ego, which assumes that a corporation and its shareholders/managing directors are legally equivalent or "alter egos" of each other.
Judicial reforms
The document discusses judicial reforms in India. It outlines issues with the current Indian judiciary system such as delays, pending cases, corruption, lack of transparency, inadequate judicial capacity and infrastructure. It then discusses various reforms that could help address these issues, such as improving district courts, increasing judicial capacity, better court management, faster trials, merit-based appointments and improved investigation practices. It also discusses alternative dispute resolution mechanisms in India like arbitration, conciliation, Lok Adalats and judicial settlements that can help reduce pending caseloads in courts.
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This document provides a 3 sentence summary of the document. The document is about general exceptions under the Indian Penal Code of 1860 written by Anjali Dixit, an assistant professor at the Faculty of Juridical Sciences at Rama University in Kanpur. It discusses exceptions to criminal liability under the Indian Penal Code and provides contact information for the author.
Unit 4 winding up
The Companies (Winding Up) Rules, 2020 will take effect on April 1, 2020. The rules establish a summary liquidation process for small companies with book value assets not exceeding Rs 1 crore that do not exceed certain deposit, loan, turnover, or capital thresholds. Under the rules, an official liquidator appointed by the government will close the company, take charge of its assets, and deal with claims against the company. The government may order investigations into any fraud committed by company officials during the liquidation process.
Unit 4 oppression & mismanagement
This document discusses oppression and mismanagement under the Companies Act 2013 in India. It defines oppression as unjust exercise of power that harms shareholders' legitimate expectations. Mismanagement refers to incompetent or dishonest management, like serious conflicts, illegal boards, or asset diversion. The Act allows shareholders to apply to the tribunal for relief from oppression or mismanagement. The tribunal can order remedies like regulating company affairs, removing directors, or modifying agreements. The requirements to file such applications and the limitation period are also discussed. The document explains class action suits allow shareholders to seek compensation for fraudulent conduct.
Unit 3 shareholders agreement
The document discusses shareholders agreements and related party transactions under the Companies Act 2013. It defines key terms like shareholder, shares and share capital. It outlines the main purposes of shareholders agreements which are to protect investments, establish fair relationships and govern company operations. It describes important clauses in shareholders agreements like management, non-compete, rights of first refusal and drag-along/tag-along rights. It discusses the act's provisions around free transferability of securities and enforceability of shareholders agreements. Finally, it defines related parties and covered transactions requiring board approval under the act to avoid non-compliance penalties.
Unit 2 & 3 mergers & amalgamation take over & acquisation
The document discusses various types of business combinations under Indian law. It defines a merger as the combination of two or more companies through amalgamation or absorption, usually by offering stock in the acquiring company in exchange for shares in the target company. An acquisition is the purchase of a controlling interest in another company. A takeover implies acquiring control of a company through purchasing a majority of its shares. An amalgamation combines two companies into a new entity, with neither original company surviving. It is similar to a merger but results in a single new company rather than one company acquiring the other. A demerger transfers part of a company's business or assets to shareholders through a spin-off or new entity.
Unit 1 corporate restructuring
This document discusses corporate restructuring under the Companies Act 2013 in India. It defines corporate restructuring as efforts to realign policies, programs, processes and people to serve redefined goals sustainably. The document outlines the need and scope of restructuring to achieve objectives like risk reduction and exploiting synergies. It discusses types of restructuring like financial and organizational restructuring and reasons for restructuring like changes in strategy or lack of profits. Finally, it summarizes some key features of the Companies Act regarding restructuring, including the role of the National Company Law Tribunal and requirements for creditor consent.
Meetings unit 2
Meetings are an important part of running a corporate structure according to the Companies Act, 2013. The frequency of board meetings for different types of companies is defined, requiring at minimum 4 meetings per calendar year with gaps of no more than 120 days. Directors may participate virtually through video conferencing with some exceptions. Resolutions can also be passed by circulation to directors without a formal meeting.
Mao
The memorandum summarizes the key points about altering a company's memorandum of association under the Companies Act 2013. It notes that the name, objects, liability and capital clauses can typically only be altered via a special resolution passed by shareholders. The registered office can be changed within the same city by board resolution, and between cities in the same state also requires a special resolution. The memorandum is the foundational document that defines the company's limitations and powers.
Director unit 1
This document discusses the board of directors under the Companies Act of 2013 in India. It defines key terms like director, board of directors, and provides details on their roles and responsibilities in determining company objectives, monitoring progress, appointing management, and accounting to shareholders. It outlines requirements for minimum director numbers based on company type, qualifications, appointment and removal processes, and powers of the board of directors.
Articles of association
The articles of association are a document that establishes the internal rules and regulations that govern a company. It prescribes the rules for management of the company and how it will achieve its objectives as defined in the memorandum of association. The articles of association act as a contract between the company and its members and between members themselves. It typically includes provisions regarding shares, directors, meetings, accounting practices and winding up of the company. The articles must be registered with the Registrar and include required information like share capital requirements. A company can alter its articles of association through a special resolution of members.
Introduction of company law (1)
Company legislation in India originated from English company law. The various Companies Acts passed in India have largely followed the English Acts with some modifications. Early forms of companies included merchant guilds from the 11th-13th centuries and commenda and societas partnerships. Regulated companies with royal charters granting trade monopolies emerged in the 14th century, such as the East India Company. India's first company law was passed in 1850 based on the English 1844 Act, with limited liability first recognized in 1857. Subsequent Acts in 1866, 1913, and 1956 further developed company law, largely mirroring equivalent English Acts. The Companies Act of 1956 and subsequent amendments have shaped modern Indian company law.
Criminal law
Criminal law is divided into two parts: criminal substantive laws and criminal procedures laws. Criminal substantive laws deal with the nature and elements of criminal charges. Each charge is comprised of elements that the state must prove, and these elements vary depending on the specific crime. Criminal procedures laws set out the process through which a criminal case progresses, such as through a code of criminal procedure.
Civil law
Civil law defines and protects private citizen rights through areas like contracts, torts, property, and family law. It originated from ancient Roman laws and codes. Tort law is a branch of civil law dealing with personal injury and property damage from wrongful acts, seeking monetary compensation. There are three tort categories: negligence, intentional torts, and strict liability. Negligence involves a duty, breach of duty through unreasonable actions, causation of damages. Contract law governs agreements where parties have obligations and can be liable for breach. Property law distinguishes personal and real property, addressing torts like trespass and conversion. Family law handles marriage, divorce, child custody, and other domestic issues.
What is law
Law can be defined in several ways depending on perspective. From a societal perspective, law means justice, morality, and order. From a judge's perspective, law refers to rules of the court, decrees, judgments, and injunctions. Broadly, law includes acts, statutes, regulations, orders, torts, legal theory and more. Laws are categorized as international law between nations, or municipal/national law within a nation. Municipal law is further divided into public law such as constitutional, administrative, and criminal law, and private law involving persons, property, obligations, and conflict of laws.
Professional ethics unit i
The document discusses the historical development of the legal profession in India from ancient times through the British colonial period and after independence. It describes how the legal profession evolved from tribal dispute resolution systems to a modern profession regulated by the Advocates Act of 1961, which established the Bar Council of India and State Bar Councils to oversee legal practice. The key functions and composition of the Bar Council of India are also outlined.
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Kinds of law
- 1. FACULTY OF JURIDICAL SCIENCES RAMA UNIVERSITY Kinds of law FROM ANJALI DIXIT ASSISTANT PROFESSOR
- 2. Kinds of Law Kinds of Law Substantive Law Procedural Law Civil Law Criminal Law Civil Law Criminal Law
- 3. Substantive Law Substantive Law Civil Substantive Law Criminal Substantive Law Ex. 1. Indian Contract Act 2. Law of Property 3. Specific Relief Act 1. Penal Law
- 4. Substantive Law MEANING The Substantive Laws are basically derived from Common, Statutory, Constitution and from the Principles found in judicial decisions following the legal precedents to cases with similar facts and situations. • For Example:- Penal Law, Law of Contract, Law of Property, Specific Relief Act, etc are Substantive Law.
- 5. Substantive Law • Substantive Laws- • 1. The Indian Contract Act, 1872 • 2. The Hindu Marriage Act, 1955 • 3. The Hindu Succession Act, 1956 • 4. Maternity Benefit Act, 1961 • 5. The Transfer of Property Act, 1882 • 6. The Factories Act, 1948 • 7. Industrial Disputes Act, 1947 • 8. The Law of Torts • 9. Code of Civil Procedure, 1908 (the first part that deals with general principles of law) • 10. Negotiable Instruments Act, 1881 • 11. The Indian Penal Code, 1860
- 6. Procedural Law Procedural Law Civil Procedural Law Criminal Procedural Law Civil Procedural Code,1908 Evidence Act,1872 Criminal Procedural Code, 1973
- 7. Procedural Law MEANING • Procedural Law (or Adjective Law) deals with the enforcement of law that is guided and regulated by the practice, procedure and machinery. This law is very important in administration of justice.
- 8. Procedural Law • Procedural Laws– • 1. Code of Civil Procedure, 1908 (the second part that deals with orders with respect to civil proceedings) • 2. Code of Criminal Procedure, 1973 • 3. Law of Evidence, 1872 • 4. The Limitation Act, 1963
- 9. Substantive Law & Procedural Law Both Substantive Law & Procedural Law The Narcotic Drugs and Psychotropic Substances Act, 1985,