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Dear students of Batches PGP 15 & FPM 05 of IIM-K, Welcome to the exciting study in the commercially important and vibrant subject of Business Law 2011 As your Faculty Resource Person, I invite you to enjoy and to actively participate in the learning of this vibrant subject. I invite you to focus on enjoying the learning process and I assure you that all our Sessions will be exciting voyages of knowledge, discovery and good innovative creative learning. Sebastian Tharakan your friend The Businesslawlecturer
What is the meaning of a legal right ? When can you say that you have a legal right ?
Only when a right is enforceable by law, that right becomes a legal right. If a right is not enforceable by law, then the right is not / cannot be a legal right.
Classification of law & Legal Systems : (a) Civil Law ; (b) Criminal Law ; (c) Constitutional & Administrative Law
Why do we need appellate jurisdiction ? Why do we need to have multiple courts / a hierarchy of judiciary ? For the advantages of time and convenience, why not have only ONE court to decide all disputes ?
To lodge all power in one party and to keep it there is to insure bad government. Mark Twain
Ms. Mekala Gummadi, a wholesale dealer in fruits, enters into contract with Ms. Pratima Rani, to supply Ms. Pratima Rani with one ton of mangoes. The buyer: Ms. Pratima Rani pays the entire purchase price. However, the seller: Ms. Mekala Gummadi, fails to make supply / deliver the goods.
This is a case of breach of contract. It is a civil case, as it raises a private dispute between Ms. Pratima and Ms. Mekala, and so Ms. Pratima files a suit for damages against Ms. Mekala, for the non-supply of goods.
Ms. Pratima Rani v. Ms. Mekala Gummadi. ( plaintiff v. defendant ) ( petitioner v. respondent )
Illustration No. 2 = A typical criminal case : Mr. Brutal Baing S. Suresh brutally hits and injures Mr. Siddharth Mehta. Thereafter, the victim: Mr. Siddharth first makes / files a police complaint. This leads to the filing of a criminal case. Since every crime is considered as an offence committed against the State, it will be the State of Kerala that prosecutes the accused (Mr. Baing), even though the victim of the crime may be a single individual (Mr. Siddharth) State of Kerala v. Mr. Brutal Baing S. Suresh ( State of Kerala v. The defendant / accused )
(1) Civil law determines and decides private disputes. Therefore civil law is also known as the law of civil / private wrongs. On the other hand, every crime is considered to be an offence committed against the state, despite the fact that the victim of the crime may be a private individual. Criminal law is thus known as the law of public wrongs.
(2) In a civil case, the court has to frame issues, and based on the evidence, would decide as to whether the civil rights are violated, and if so, whether or not the plaintiff is entitled to any remedy, and if so, what remedy / relief may be awarded to the plaintiff. (3) In a criminal case, the main question for decision by the court is whether the accused is guilty or innocent of the charge. Based on evidence of the case, and on the facts and circumstances of the case, a criminal case can only end either in an acquittal (innocence) or in a conviction (guilty).
Copyright 2011, reserved with: Sebastian Tharakan, The Businesslawlecturer
(4) In a civil case, the burden of proof is usually on the plaintiff. By bringing in evidence, the plaintiffs lawyers will have to prove the case of the plaintiff. In a criminal case however, the burden of proof is on the prosecution. The prosecution will have to prove the guilt of the accused. Besides, the standard of proof required in a criminal case is very high due to the principle of criminal law that: an accused is presumed to be innocent unless and until proved guilty beyond reasonable doubt.
Copyright 2011, reserved with: Sebastian Tharakan, The Businesslawlecturer
(5) In a civil case, the parties bear the expense of litigation. In a criminal case, it is the state through its public prosecutors, who will prosecute the case. The exceptions in criminal law are offences relating to adultery and cheque bouncing. (6) The case-title of civil cases differ from those of criminal cases. Mr. ABC (plaintiff) v. Mr. XYZ (defendant)
(civil case)
According to Salmond, the distinction between civil and criminal law cannot always be maintained because some acts are considered both as crimes as well as civil wrongs. Examples: defamation, adultery, etc. Further, it is not always true that crimes are more harmful than civil wrongs. Example: the negligence of a builder (which is a civil wrong) which results in widespread loss of lives and property, may entail more harmful consequences then, say, a simple assault (which is a crime).
Copyright 2011, reserved with: Sebastian Tharakan, The Businesslawlecturer
The Doctrine of Locus standi The Doctrine of Locus standi , states that only a person whose legal right has been violated / infringed, or whose legal right is threatened / is likely to be violated / infringed, can file a case / petition / complaint before the court. Kesavan v. State of TN (1979) Madras HC Maganbhai v. Union of India (1969) Gujarat HC J. M. Desai v. Roshan Kumar (1976) SC ...
Copyright 2011, reserved with: Sebastian Tharakan, The Businesslawlecturer
Ms. Mekala Gummadi has committed breach of contract, by her failure to supply Ms. Pratima Rani, one ton of mangoes as per their contract. This gives the buyer / purchaser: Ms. Pratima Rani = the right to file a case against the supplier: Ms. Mekala Gummadi. Let us suppose that Ms. Pratima , for some reason or the other, chooses to wait for six years before she decides to file a civil case against Ms. Mekala. Can Ms. Pratima Rani file a case after six years since the cause of action (breach of contract) / dispute arose?
Copyright 2011, reserved with: Sebastian Tharakan, The Businesslawlecturer
The Limitation Act, 1963 states that the limitation period for contractual disputes / contractual matters, shall be = 3 (three) years from the date of the dispute.
Why do we have the Law of Limitation ? OR What purpose does the Law of Limitation serve ?
What is the law of limitation / period of limitation for criminal law / criminal cases ?
the wrath of World War II : The Holocaust The systematic , bureaucratic, state-sponsored persecution and murder of approximately six million Jews by the Nazi regime and its collaborators the tragedy of Auschwitz
In November 1947, the United Nations voted in favour of the partition of Palestine, proposing the creation of a new Jewish state: Isreal, an Arab state, and a UN-administered Jerusalem. This partition was accepted by the Zionist leaders, but rejected by Arab leaders, leading to civil war Isreal declared independence on 14 May 1948. 13 December 1949 : the formation of Mossad
the mission of Mossad : the capture of Nazi war criminals and bringing them to justice mission impossible, becomes mission possible !
those who live by the sword; die by the sword Rudolph Hoess, Adolf Eichmann, Franz Stangl, Friedrich Hartjenstein, Karl Silberbauer, Alois Brunner, Theodor Dannecker, Dieter Wisliceny International Military Tribunal @ Nuremberg, Germany however, Dr. Josef Mengele, notoriously nicknamed: Angel of Death and some other Nazi generals, avoided capture and retribution for their war crimes
The Department of Roads & Surface Transport, Government of India, announces a large and lucrative tender contract for the construction of the Golden Quadrilateral. Mr. Sachin Maan is the CEO of L & T Construction Co. Ltd, which company is one of the tender applicants. The tender is finally awarded to Mr. Yash Kumar, the MD of Kumar Konstructions , even though the tender quotation of L & T Construction Co. Ltd., was the lowest quotation. It is later found that Mr. Politician Puneet Singhvi, the Minister of Roads & Surface Transport, is one of the partners of Kumar Konstructions. On what legal grounds can Mr. Sachin Maan challenge the grant of tender contract to Kumar Konstructions ?
Mr. Ranadip Madhu is a manufacturer of edible oils, who enters into contracts regularly with the Government to supply edible oils. While some of his contracts are still pending, the Government issues order abruptly canceling all contracts with Mr. Ranadip., and also by the same order, declaring Mr. Ranadip. as a Blacklisted contractor. On what legal grounds can Mr. Ranadip Madhu. challenge this Government order ?
Copyright 2011, reserved with: Sebastian Tharakan, The Businesslawlecturer
(1) Nemo judex in causa sua. No one should be a judge in his own cause. Or The Rule against bias.
(2) Audi alteram partem. Hear the other side. Or The Rule of Fair Hearing. Or The Rule that no one should be condemned unheard.
Copyright 2011, reserved with: Sebastian Tharakan, The Businesslawlecturer
(ii) Right to know the evidence against him / her: Maneka Gandhi v. Union of India (1978) SC (iii) Right to present case and evidence: (iv) Right to rebut adverse evidence / crossexamination: