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LEGAL ASPECTS IN MANAGEMENT
GUEST LECTURE
04 MARCH 2010
Maj. Gen. Nilendra Kumar,
Director,
Amity Law School,
Noida
CONTENTS
• Introduction
• What is law
• Necessity of dissemination of legal
knowledge to the managers
• Rule of law
• Golden Rules of decision making
• Vicarious liability
• Summary
LAW
is
essentially a rule of actions established by
authority.
Mercantile
or
Business Law
Branch of law which comprises laws concerning
trade, industry and commercial affairs.
MANAGEMENT LAW

Legal provisions concerning the act of
running and controlling business.
Without the law, the crown would always go to the
loudest voices, the biggest sticks and the readiest
fists.
Nani Palkhivala
RECOMMENDED REFERENCE MATERIAL
A-Z
of
Law in Management
Maj. Gen. Nilendra Kumar
Ms. Neha Chaturvedi
By Manas Publications
A manager has to function within the limits of
authority.
How to be an extraordinary management
executive?
The different between ordinary and extraordinary is
that little “extra”.
Anonymous
Hence, to be a successful manager do sensitise
yourself about legal provisions.
Rule of Law
means
Executive instructions cannot override the
provisions of law.
RULE OF LAW
Three basic and fundamental assumptions.
• Law making in the hands of legislature.
• No unfettered legislative power.
• Independent judiciary to protect the citizens
against excesses of executive and legislative
power.
SPEAKING ORDER
Means
An order which contains matter which is
explanatory.
It shows application of mind.
Role of courts, tribunals and authority.
Laws are a dead letter without courts to expound
and define their true meaning and operation.
Alexander Hamilton
VICARIOUS LIABILITY

A principal is liable for acts of his agent within the
scope of his mandate.
Right to Information Act
An innovative tool to :(a)
(b)
(c)
(d)

seek information
activate a dead or passive matter
bring public focus
expose corruption or inconvenience
MANTRA OF ADVICE
(a) appoint and retain a lawyer
(b) never accept what your common sense
forbids you to.
(c) substance more important than form.
(d) avoid contempt of court.
(e) remedy of a court order is through court
only.
MAKE A NOTE
Keep abreast of new laws and legal
developments.
Ask your lawyer for the reason and rationale
for his opinion.
Fools and obstinate men make lawyers rich.
Thomas Fuller
ANY QUESTIONS

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Legal Aspects in Management