By: Shwetanshu Gupta (49) To : Prof. Rajendra Mishra

Tanvi Bhargav (53)

What is law?

Laws are essentially a set of rules, but there are 3 main

characteristics that make laws different from simple rules:

Laws are a set of rules established and enforced by

government.

Laws are mandatory.

Laws involve consequences.

Law is the system of control (i.e. a set of rules) through which

society operates (i.e. citizens must obey or suffer a penalty)

Law declares how we must behave and consists of those rules which

are enforced through the legal system (particularly the courts)

The system is more complex in reality as the ‘rules’ are affected by

social, economic, political and international considerations

Cont’d

A law recognized causal link or principle whose violation must or

should result in a penalty as failure, injury, loss or pain.

These laws carry with them the power and authority of the enactor,

and associated penalties for failure or refusal to obey.

Law derives its legitimacy ultimately from universally

accepted principles such as the essential justness of the rules, or

the sovereign power of a parliament to enact them.

Indian legal system

Law as a matter of great importance has an illustrious history in

India.

It was a fertile field enriched by practitioners from different Hindu

philosophical schools and later by Jains and Buddhists.

Court systems for civil and criminal matters were essential features of

many ruling dynasties of ancient India.

Excellent secular court systems existed under the Mauryas (321-185

BCE) and the Mughals (16th – 19th centuries) with the latter giving

way to the current common law system.

With the advent of the British raj, there was

a break in tradition, and Hindu and Islamic

law were abolished in favour of

British common law.

As a result, the present judicial system of

the country derives largely from the British

system and has few, if any, connexions to

Indian legal institutions of the pre-British

era

The Constitution of India, which came into

effect from 26 January 1950, is the

lengthiest written constitution in the world.

It provides details of the administration of

both the Union and the States, and codifies

the relations between the Federal

Government and the State Governments.

Cont’d

The Indian Legal system is one of the oldest and longest written set of laws in the

world.

Our legal system has its roots in the legislature formulated during the British Raj

era.

The Indian legal system is formulated baring in mind the diversity of the country

and with due respect to the religion, customs and traditions of the people.

For instance the Indian Divorce act is different for Hindus and Muslims which is

aligned to their respective religious guidelines.

During the drafting of the Indian Constitution, laws from Ireland, the United States,

Britain, and France were all synthesized to get a refined set of Indian laws as it

currently stands.

Need of law

Laws are required in society to regulate the behaviour of the

individual, to correspond with what is acceptable to the majority of

individuals.

Without law, life and business would become a matter of survival, not

only of the fittest but also of the most ruthless.

Law is the potential tool of social change. In fact law and society are

complementary. No society can exist without law.

It is essential for keeping peace in the society.

Establish rules

Protect rights and freedoms

Protect society

Resolve Disputes

SOURCES OF INDIAN LAW

RELIGION

EQUITY LEGISLATIONS

JUDICIAL DECISIONS

CUSTOMS

Customs are oldest source of law.

It is the outcome of habits.

When a particular habit is followed for a long

time by the people regularly and habitually,

the custom comes into being..

Customs

Religion

The religion is another important source of law.

It played an important role in the primitive period when

men were very much religious minded and in the absence

of written laws the primitive people obeyed religion

thinking it of divine origin.

.

Judicial Decisions

Since the dawn of the human civilisation the dispute between

two parties is referred to a third party who acts as the arbiter.

His decision is generally obeyed by both the parties. The arbiter

may be a tribal chief or a priest.

But with the passage of time, the judicial organ of the state is

given power to decide cases between the parties.

The term 'equity' literally means 'just', 'fairness' and

according to 'good conscience'.

While deciding a case and pronouncing a judgment, the

judges generally apply their own common sense and

justice. This is known as Judge-made laws or case laws.

Thus, without 'equity' the term law will be devoid of its

essential quality.

Legislation

This is the most important and modern source of law.

The legislature is that organ of the state whose primary function is to

make laws. Thus, law can be defined as the opinion of the majority

legislators.

They are recorded in the Statute Book. When the legislature is not in

session, the executive is empowered to issue ordinances, decrees etc.

which are as good as the laws made by the legislatures.

Due to paucity of time, the legislature makes laws in the skeleton form

and the flesh and blood is added to it by the executive -delegated

legislation.

Public opinion in this age of democracy plays a vital role in the

process of law making.

Indian judiciary system

SUPREME COURT

The Indian Judicial System has the Supreme Court of India at its helm

Present only in the capital city of Delhi, without any branch in any part of the

nation, presided by the Chief Justice of India.

Not only the final court of permissible Appeal, but also deals with interstate

matters, and matters comprising of more than one state, and the matters between

the Union Government and any one or more states.

Also has powers to punish anybody for its own contempt.

The largest bench of the Supreme Court of India is called the Constitution Bench

and comprises of 5 or 7 judges, depending on the importance attached of the

matters before it, as well as the work load of the court.

The Appeals to this court are allowed from the High Court, only after the matter is

deemed to be important enough on the point of law or on the subject of the

constitution of the nation, and is certified as such by the relevant High Court.

HIGH COURTS

Works under the direct guidance and supervision of the Supreme Court of India, and

is the uppermost court in that state, and generally the last court of regular appeals.

High Courts frame their own rules, and arrange to implement them.

Under certain provisions of Law, the High Courts have the ordinary original civil

jurisdiction. Many times the High Courts have concurrent jurisdiction along with its

subordinate courts, for effective remedy at the earliest. .

All the High Courts have different division benches in different parts of the

respective states for speedier cheaper and effective dispensing of justice.

For the purpose of disposal of its business, the Judges in the High Court, either sit

singly or in benches of two or more judges in benches for deciding more important

matters..

SUBORDINATE COURTS TO HIGH

COURT

DISTRICT & SESSION COURTS

LABOR COURTS

ACCIDENT CLAIM

SPECIAL COURTS

ADMINISTRATIVE TRIBUNALS

REVENUE TRIBUNALS AND OTHER

SUBORDINATE REVENUE COURTS

Legal procedure

Types of law

Civil law is the branch of law dealing with disputes

between individuals and/or organizations, in which compensation may

be awarded to the victim.

Parties in civil law:

Plaintiff--the person who feels he or she has not been treated

fairly by another person and seeks a solution in a civil court.

This party has the burden of proving that he or she was treated

unfairly.

Defendant--the person who the plaintiff claims has treated him

or her unfairly.

Criminal law is concerned with offences against society generally like murder and assault.

Crimes are actions which violate the basic rules and principles by which society lives.

The aim of a criminal prosecution is to punish the offender with financial penalties or imprisonment.

Parties of criminal law:

Defendant

Prosecutor: Government

Criminal law vs. civil law

Civil Actions

Brought by private citizens

Person bringing action is known

as the plaintiff

Plaintiff has the burden of proof –

preponderance of the evidence

Defendant loses if found liable

Usually penalty is money

damages

Criminal Actions

Brought by the government

Government is known as the

prosecutor

Prosecutor has the burden of

proof – beyond a reasonable

doubt

Defendant loses if found guilty

Usual penalty is a prison sentence

Body of law derived from a country's written constitution.

It lays down and guides the duties and powers of the government, and the duties and rights of its citizens and residents.

For example

Directive principles

Fundamental duties

There has been a dramatic increase in the activities of

government during the last hundred years. Schemes have been

introduced to help ensure a minimum standard of living for

everybody.

Government agencies are involved, for example, in the

provision of a state retirement pension, income support and

child benefit.

A large number of disputes arise from the administration of

these schemes and a body of law, administrative law, has

developed to deal with the complaints of individuals against the

decisions of the administering agency.

Property law

Property is. anything that is owned by a person or entity.

Property includes::

Personal property, also called as movable property, is

anything other than land that can be the subject of ownership,

including stocks, money, notes, Patents, and copyrights, as

well as intangible property.

Real property is land and ordinarily anything erected on,

growing on, or affixed to it, including buildings and crops.

The term land, in its general usage, includes not only the face

of the earth but everything of a permanent nature over or

under it, including minerals, oil, and gases.

A contract is a legally-enforceable promise or set of promises made

by one party to another.

The elements of a contract are "offer" and "acceptance" by

"competent persons" having legal capacity who exchange

"consideration" to create "mutuality of obligation.“

Contract law includes:

not allowed to break a contract

marriage

fishing licences

misleading advertisements

A invites B for dinner in a restaurant. B accepts the invitation. On the appointed

day, B goes to the restaurant. To his utter surprise A is not there. Or A is there but

refuses to entertain B. B has no remedy against A. In case A is present in the

restaurant but B fails to turn-up, then A has no remedy against B.

A agrees to sell his motor bicycle to B for Rs. 5,000. The agreement gives rise to a

legal obligation on the part of A to deliver the motor bicycle to B and on the part of

B to pay Rs. 5,000 to A. The agreement is a contract. If A does not deliver the

motor bicycle, then B can go to a court of law and file a suit against A for non-

performance of the promise on the part of A. On the other hand, if A has already

given the delivery of the motor bicycle and B refuses to make the payment of price,

A can go to the court of law and file a suit against B for non-performance of

promise.

Family law is an area of the law that deals with family-

related matters and domestic relations, including:

abuse of children

catering for kids until they are 18 years old

domestic violence

custody of children

registration of birth

maintenance issues

Employment law (also spelled as "labour" law) mediates the relationship

between workers (employees), employers, trade unions and the government.

Employment law includes:

reason for firing someone

fair duties as an employer

equal opportunities

not to work over 40 hours in any one week (appropriate overtime penalties)

wrongful dismissal

age discrimination

The word tort comes from the Latin term torquere, which means

"twisted or wrong.“

A tort is a civil wrong for which the law provides a remedy.

It is a body of rights, remedies that is applied by courts to provide

relief for persons who have suffered harm from the wrongful acts of

others.

The person who sustains injury is known as the plaintiff, and the

person who is responsible for inflicting the injury is known as the

defendant or tortfeasor.

Intentional torts: Torts against the person include assault, false

imprisonment, emotional distress, and fraud.

Defamation: it is tarnishing the reputation of someone.

Negligence : it is a tort which arises from the breach of the duty

of care owed by one person to another from the perspective of

a reasonable person.

It also includes:

compensation (dog biting)

accidents involving other animals

others injuring themselves on your property

Tax law is an area of legal study dealing with law applicable to

taxation.

The authority to levy a tax is derived from the Constitution of

India which allocates the power to levy various taxes between the

Centre and the State.

An important restriction on this power is Article 265 of the

Constitution which states that "No tax shall be levied or collected

except by the authority of law.“

Therefore each tax levied or collected has to be backed by an

accompanying law, passed either by the Parliament or the State

Legislature.

Tax law

Income tax (on income of individual)

Corporation tax(on org. or corp.)

Property tax (on sale/ purchase of property)

Custom duty(import and export)

Central excise duty (domestic items)

Sales tax (sales and purchase of particular

commodity)

International law

The body of law that governs the legal relations between or

among states or nations.

It is of two types:

Public International Law- Body of legal rules governing

interaction between sovereign states

Private International Law- The rights and duties of

the citizens of sovereign states towards the citizens of other

sovereign states

Industrial Law

It covers a wide range of legal issues from employment laws,

environmental laws, contracts, industrial relations to industrial

worker safety regulations.

Industries are varied and policies are adapted to the various types

of business industries such as: Aerospace, Defense, Agriculture,

Automotive, Construction, Energy, Health, Telecommunications

and Transportation, to name a few.