Published on February 6, 2014
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
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