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