media & business laws-u1[1]

8/7/2019 MEDIA & BUSINESS LAWS-U1[1]

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GREETINGS

MY DEAR YOUNG FRIENDS



REFERENCE BOOKS

BUSINESS LAW AND

MODERN INDIAN COMPANY LAW

M.C.KUCHAL

VIKAS PUBLICATION

Business Law, S.S. Gulshan

Excel Books

Elements of Mercantile Law,

N. D. Kapoor



MEDIA & BUSINESS LAWS

UNIT-1

INTRODUCTION



Why is law difficult to define?

Many senses:

� law of physics, mathematics, science;

� laws of the football or cricket or health.



What is law in its widest sense of the term?

� In its widest sense, law means any rule of conduct, standard or pattern, to which actionsare required to conform; if not conformed,sanctions are imposed.

� Examples: Moral rules or etiquettes ± non-observance leads public ridicule

� Law of the land ± non-observance may lead toarrest, imprisonment, fines, etc.

� International law ± non-observance may lead tosocial boycott, trade sanctions, cold war, hotwar, proxy war, etc.



Definition of Law

� Oxford Dictionary: ³The body of rules whether proceeding from formal enactment or from custom,which a particular State or community recognizes asbinding on its subjects or members.´ Law may be

defined as a rule of conduct of persons (both natural andartificial), imposed upon and enforced among themembers of a given state.

� Woodrow Wilson: ³Law is that portion of the establishedhabit and thought of mankind which has gained distinctand formal recognition in the shape of uniform rulesbacked by the authority and power of the Government´.



Characteristics of Law:

� 1. Law is a body of rules ± these rules arise from

custom, precedent and legislation.� 2. Law is for the guidance and conduct of persons ± both

human and artificial.

� 3. Law is imposed ± law is obligatory on the members of the society to obey it.

� 4. Law is enforced by the executive. The force used bythe State to secure obedience to its laws is calledsanction.

� 5. Law presupposes a State.

� 6. Law is never static; it responds to public opinion and

changes.� 7. Law has a purpose to serve ± social, economic or political.

� 8. Two ideas as the basis of law ± i) to maintain someform of social order in a group and (ii) to compelmembers of the group to be within that order.



Three presumptions of Law applicable to the

Indian Contract Act.

� a) Ignorance of Law is no excuse ³ignorantia

juris non-excusat´ .

� b) Subject to certain limiting principles, there

shall be freedom of contract to the

contracting parties and the law shall enforce

only what the parties have agreed to be bound.

� c) Expectations created by promises of theparties shall be fulfilled and their non-fulfilment

shall give rise to legal consequences.



Classification of Law:

� 1. Public Law and Private Law.

� 2. Criminal Law and Civil Law.

� 3. Substantive Law and Procedural Law.� 4. International Law and National Law.

� 5. Public International Law and Private

International Law.



Public Law & Private Law

� Public law

� determines and regulatesthe organization andfunctioning of states(countries); the relation of the state with its subject.

� Examples: Constitutionallaw, Administrative Law,Criminal Law, Municipal

Law,International Law.Criminal Law is enforcedon behalf of the State.

� Private Lawregulates the relations of citizenswith one another and are not of public importance. State through its judicial organs, adjudicates mattersin dispute between individuals and is

concerned with the rights and dutiesof individuals.

� In private law, legal action is begunby the private citizens to establishtheir rights against another or groupof citizens.

� Examples: Law of contract, Law of

Tort, Law of Property, Law of succession, Family Laws.

� The role of the State is merely torecognize and enforce the relevantlaw.



Substantive Law & Procedural Law

� Substantive law defines, with regard to a specificsubject, the legal rights, obligations and relationshipsof people with other people or as between them andthe state.

� IPC and Indian Contract Act are substantive laws.

� Procedural Law deals with methods and means, bywhich the substantive law is enforced,

� How a right is enforced under civil law or a crimeprosecuted under criminal law.



4. International Law and National Law.

� International law is a set of generally accepted rules andregulations controlling the conduct of nations,international organizations and individuals.

� International court of justice is charged with the

responsibility of adjudicating the controversies arisingunder the international law.

� National law deals with the relationship between

individuals and their organizations within a state.

� While National law is applicable only within the state,international law is common to all states.



Public International Law

� Public international law (law of nations) is a body

of customary or conventional rules which are

considered legally binding by the civilized states

in their relation with each other and is solelyconcerned with the rights and obligations of the

sovereign states.



Private International Law

� Private international law is concerned with individuals and their dealings; disputes are of a private character. Private internationallaw of every state is different. We have rules of private internationallaw in the fields of birth, marriage, divorce, insolvency, wills,contracts, death, etc.

� Private international law forms part of municipal laws of a state andis meant for deciding whether a case involving a ³foreign´ element(a) shall be adjudicated upon by its own laws or by the laws of someother state (b) shall be subject to its own courts¶ jurisdiction or the jurisdiction of some foreign court.

� Example: Two Englishmen make a contract in Portugal for the saleof goods situated in Lisbon, payment to be made in London, anEnglish court would recognize and apply Portugese Law.



Sources of Indian Law:

� Primary sources : Customs, judicial

precedents, statutes and Personal Law.

� Secondary Sources: English Law

(common law, Equity, Law merchant (lex

mercatoria), statute law), Justice, equity

and good conscience.



Sources of Indian Business law:

� 1. English Mercantile Law

� 2. The Statute Law

� 3. Judicial Decisions or Case LawBased on Justice equity and good

conscience

� 4. Customs and usages.



Case Study for class discussion

A Naked Image of

Criminal Justice Delivery System in India

Police refused to register a murder case

media & business laws-u1[1]

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