Post-Graduate Diploma in Management

Legal Environment of Business

Course Background and Objectives: Legal aspects are an indispensable part of a successful business environment in any country. They reflect the policy framework and the mindset of the Governmental structure of that country. They ensure that every Corporate is functioning as per the statutory framework envisaged by the legislature. Every enterprise must take into account this legal set up while framing the basic aims and objectives of its company. This is because it is necessary for efficient and healthy functioning of the organization and helps it to know about the rights, responsibilities as well as the challenges that it may have to face. Pedagogy: The pedagogy will be a right blend of input of statutory provisions of the business laws where special emphasis will be laid down on the application and the interpretation of these laws. It shall include faculty lectures, Guest Lecture by a Law expert from Stock Exchange, student presentations, assignments, quizzes, analysis of case laws, etc. Course Strategy and Requirements: The Course is on Fundamentals of Law required by the Business arena and in order to gain a qualifying business degree. There is a great deal of material to be covered, in some depth. These materials are designed to develop a concept with right blend of statutory provisions and their applications in Business world. The students will be given work to do for each class; which they should read the materials set out for each topic in advance. This subject is a difficult one so quite a lot is expected from the students in terms of depth of knowledge and in analytical skills. Evaluation: Components of evaluation are very crucial pertaining to the overall learning of the course by a student. Keeping in mind students heterogeneous background and strategies specified above, the following components of evaluation have been designed to assess their subject knowledge and performance in the course. Quizzes will evaluate the conceptual clarity of each student most frequently. A students ability to analyse a live situation by applying the theoretical knowledge and performance in a group will be judged through projects write-up presentation and submission (in groups). Moreover, this will assess the analytical and writing skills of students. The overall subject knowledge of each student will be evaluated through mid- and end-term written tests. Components of Evaluation Date Weightage of Marks (in percentage) 20 30 2

To be monitored for all Class sessions/ to be intimated by Participation/Assignments course faculty Please refer to Academic Mid-Term Test Calendar

Projects write-up Presentation and Submission (in group) End-Term Test

19th and 20th Session Please refer to Academic Calendar

20 [Presentation 10 & Report Evaluation 10) 30

Total 100 N.B.: If you will miss any component of evaluation, you will get zero since repeat of test will not be entertained. Assignments Term paper submission based on research on some legal dispute in Corporate will be submitted by the students at the end of the course followed by presentation on their topics. The evaluation will be based on identifying the preposition on facts and law and analyzing the disputes on merit and interpretation of statutory provisions. Term paper Submission The Term paper will be one of the most important learning tools of the course. Each group will comprise of five students. This is an interactive real life project, which requires analysis and tangible recommendations. Your group is required to identify a topic of real dispute whether already decided in the court of law or in pendency. The report has to be prepared and submitted in the format encompassing the areas mentioned here under the heading of Contents.

1. Introduction ...........................................................................................................3 2. Preamble/ Objective...............................................................................................3 3. Company Information (Both Plaintiff and Defendant)..3 4. Relevant laws and Statutory provisions..4 5. Abstract ...................................................................................................................5 6. Purpose....................................................................................................................7 7. Methodology/Approach .........................................................................................8 8. Findings...................................................................................................................9 9. Research Limitation.............................................................................................26 10. Originality ............................................................................................................27 11. Conclusion ...........................................................................................................28 References Appendix 3

Group Term paper Presentation i. Identify the relevant legal area ii. Distinguish between relevant and irrelevant facts iii. Show sound application of relevant legal principles and suggest solutions iv. Demonstrate independent legal research v. Be clearly expressed and presented vi. Include a bibliography vii. Your answer should be word processed and MUST NOT EXCEED word limit

RECOMMENDED TEXT BOOK Business Legislation for management SUPPLEMENTARY READINGS Constitution of India

AUTHOR & PUBLICATION M C Kuchhal

V N Shukla and revised by M P Singh

Taxmans Students guide to Company AK Majumdar and Kapoor Law Year Book of SEBI & Corporate Law Cyber Laws- The Indian Perspective Intellectual Property and Criminal Law Taxman Pawan Duggal P. Narayan

Company Law Contract Law Useful Websites 1. 2. 3. 4. 5. 6. 7. 8. www.law4india.com www.taxmann.com www.unilawbooks.com www.sconline.com www.ebc.india.com www.vakilno1.com www.asianlaws.org www.jttoday.com

Avtar Singh Avtar Singh

Course Outline (session-wise): 4

Session Topics to be discussed Readings Module I: Understand the basic concepts & theories of law associated with business arena in relation to practical life Introduction to Indian legal system, salient features of Constitution of India, Structure of Judiciary, Executive and the Legislature, the difference between civil and the criminal law.

Historical background of Commercial and Text Book, Chapters 1 ; Corporate Legislation V K Datey Module II: Contract - Nature, Offer and Acceptance (Section 3-9), Consideration (Section 2(d), 23-25, 185, Capacity to Contract (Section 10-12), Free Consent, Legality of Object, Agreement declared Void (Section 26-30), Performance of contract (Section 37-67), Discharge of Contract (Section 73-75), Breach and remedies of breach of contract. Demonstrate a knowledge and understanding of the principles involved in the formation of a contract. Understand the remedies for actions of breach of contract and misrepresentation, the effects and remedies where contracts are void and terminated for other reasons. 2 3-4 Definition of a Contract Offer and Acceptance (Section 3-9), Consideration (Section 2(d), 23-25, 185, Capacity to Contract Free Consent, Legality of Object, Agreement declared Void (Section 26-30), Performance of contract (Section 37-67), Discharge of Contract (Section 73-75), Breach and remedies of breach of contract. Text Book, Chapter 11.1 V K Datey Text Book, Chapter 11.2, 11.3 V K Datey Text Book, Chapter 11.4, 11.5 V K Datey Text Book, Chapter 11.7, 11.11, 11.13 V K Datey

5-6

9.

Sale Of Goods Act

10.

Consumer Protection Act 1986

Text Book, Chapter 12.1- 12.12 V K Datey From the notes and judgements of the Consumer Forums and Commissions and Supplement to Business and Corporate Laws by Taxmann Publications V K Datey

MID-TERM TEST 5

Session Topics to be discussed Readings Module III: Negotiable Instruments Act, Intellectual Property Rights, Company Law Recognise documentary credit as well as Promissory Note, Bill of Exchange and Cheques. Evaluate dishonor of Cheques under the amended Negotiable Instruments Act, 1881. Intellectual Property Rights Company Law 11-12 Negotiable Instruments - Nature of Promissory Text Book, Notes, Bills of Exchange and Cheques, Parties to 14.1- 14.16 negotiation, Holder and Holder in due course, V K Datey presentation, discharge, rules of Evidence Estoppels and Crossing and Dishonor of Cheques. Chapter

13-14

13- 18

Chapter- 5.1-5.7 Intellectual Property Rights- Patents, Trademarks, Supplement to Industrial Designs, Copyrights, Geographical Business and Corporate Indications Laws by Taxmann Publications V K Datey Company law ( 1 lecture- Guest Faculty) Text Book, Chapter 2.1, -2.8, 3.1-3.8, 4.1Company Law - Nature and kinds of company, 4.8, 5.1-5.8 6 and & Formation of Companies, Memorandum and Articles V K Datey of Association, Prospectus, Membership, Share and Share Capital, Shares, Transfer and Transmission of shares, General Meetings and Proceedings, Directors, Board of Directors and liability of Directors, Oppression and Mismanagement, Winding up of the companies.

Term paper presentations END-TERM TEST * The names of different group members will be announced by the APO or by the course instructor.

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