Legal Aspects in Management

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Information about Legal Aspects in Management

Published on February 6, 2014

Author: nilendrakumar7



With Rule of Law being the guiding principle for performance of all public and corporate functions in India, the management is expected to abide by the statutory laws and rules. This presentation puts forth a few salient aspects in this regard



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


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