LEGAL ASPECTS IN MANAGEMENTLEGAL ASPECTS IN MANAGEMENT
GUESTGUEST LECTURELECTURE04 MARCH 201004 MARCH 2010
Maj. Gen. Nilendra Kumar,Maj. Gen. Nilendra Kumar,Director, Director,
Amity Law School,Amity Law School,NoidaNoida
CONTENTSCONTENTS
• 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 Mercantile oror
Business LawBusiness Law
Branch of law which comprises laws concerning
trade, industry and commercial affairs.
MANAGEMENT LAWMANAGEMENT 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
A-ZA-Zof of
Law in ManagementLaw in Management
Maj. Gen. Nilendra KumarMaj. Gen. Nilendra Kumar Ms. Neha Chaturvedi Ms. Neha Chaturvedi
By Manas PublicationsBy Manas Publications
RECOMMENDED REFERENCE MATERIAL
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 Rule of Law
meansmeans
Executive instructions cannot override the
provisions of law.
RULE OF LAWRULE 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 ORDERSPEAKING ORDER
MeansMeans
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 LIABILITYVICARIOUS 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) seek information
(b) activate a dead or passive matter
(c) bring public focus
(d) 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
