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Unit 4 Coi

The document outlines the fundamental aspects of law, including its definition, functions, sources, types, and the court structure in India. It discusses various branches of law such as common law, criminal law, civil law, and family law, as well as the legislative process for enacting laws. Additionally, it covers consumer protection mechanisms, contract laws, labor laws, tribunals, and alternative dispute resolution methods like arbitration.

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Bhoomi Agarwal
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0% found this document useful (0 votes)
6 views15 pages

Unit 4 Coi

The document outlines the fundamental aspects of law, including its definition, functions, sources, types, and the court structure in India. It discusses various branches of law such as common law, criminal law, civil law, and family law, as well as the legislative process for enacting laws. Additionally, it covers consumer protection mechanisms, contract laws, labor laws, tribunals, and alternative dispute resolution methods like arbitration.

Uploaded by

Bhoomi Agarwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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LAW BETNG

Asystem of rules and regulations which a country or society recognizes as binding


on its citizens, which the authorities may enforce, and violation of which attracts
punitive action.
Some of the major functions and purposes of law are listed below:
O Todeliver justice.
OToprovide equality and uniformity.
O
To maintain impartiality.
OTo maintain law and order.
O
To resolve conflicts.
LAW Enacted BEING
O
in parliament

State
mUn's
vtha
arnent ORDINARY
BILL
LOK SABHA ACT

)
President LAW

BILL 1. INTRODUCTION JOINT SESSION


STAGE
RAJYA SABHA OR LOK SABHA

-3 VOTING STARE
2. DISCUSsION t
IMPLEMENTED BY ACT STAGE 2. DISCUSsION
IAS OFFICERS STAGE

1.INTRODUcTION
STAGE
3.VOTING STAGE

RAJYA SABHA
Sources of law mean the
sources from where law or
Three major
the binding rules Sources of Law sources of law
can be
BEING

of human conduct identified in


originate. In other words, any modern
law is derived from
society
sources. are as follows:

Custom Judicial precedent Legislation

A custom, to be valid, must be In Judicial precedent, the The term'legislation' is derived from
observed continuously for a very decision is taken by following the the Latin word legis which means 'law'
long time without any interruption. similar cases happened in the and atum which means "to make"
The customary practice of past. It is based on the principle or "set". Therefore, the word
Saptapadi has been incorporated of stare decisis i.e. "stand by the 'legislation' means the 'making of
in Section 7 of the Hindu Marriage decision already made' law'
Act, 1955
(GoMm Types of Law BETNG

Common Law
Family Law
Civil Law

Criminal Law
Property Law

Statutory Law
NGTNE
BEING

The common law, also known as case law orjudicial precedent orjudge made law, is a
section of law which is derived from the judicial decision of courts and similar tribunals
the name suggests, it is common to allthe examples set by higher courtsis binding on cases
tried on lower courts. Lower courts can also choose to overturn the precedent, but this
rarely occurs.
Criminal law deal with the offences that are committed against the society. it
deals with serious crimes such as murder,rapes, theft ,robbery , assault etc. the
purpose of criminal law is to punish the wrongdoers and protect the society to
maintain laws and order. These are enforced by police.

The státutory law comes into existence by codifiation,and a process is followed for it to become a
law. First, it is proposed as a bill in the legislation, which then, if passed, gets signed by the
executive (Governor in the case of state and President in the case of the country) and becomes an
Act.

TN
O
Civil Law
? BEING

Tort denote any wrongful act which causes injury to The Civil Law consists of a body
any person.
msation of rules which provides
procedures, and judicial
precedents to help in resolving
Family law is the branch of civil law that deals with the various non-criminal
Family Law marriage, divorce, child custody,adoption, etc and either
disputes. These disputes are
any other issues and disputes of families. between individuals or
organization. The objective of
Civil Law is to resolve dispute
deals with agreements between two or more and disagreements between
parties and when one party violates any of individuals by providing
terms and conditions of the contract, it is known compensation to the
as "breach of contract" a civil wrong. aggrieved. Civil law emphasizes
Property Law is the branch of civil law that deals more on dispute resolution than
punishment.
Property Law with all kinds of property. personal property or
real estate/property, angible or intangible,
movable or immovable.
Scourt structure in India
Courts in India are divided into threecategories: BEING
1. the Supreme Court,High Courts, and District Courts.
2. The decisions given by the Supreme Court are binding on all the courts throughout the territory of India.
3. While the decision given by the High Courts are binding on the subordinate courts within the jurisdiction of
that particular High Court.
4.Following flow chart explains the court structure in India :
Hierarchy of Criminal Justice System Hierarchy of Civil Judicial System
Supreme Court Supreme Court

High Court High Court

Sessions Judge and Additional Sessions Judge District Court and Additional District Judges

Assistant Sessions Judge Subordinate Judge Class I

Chief Judicial Magistrate |Chief Metropolitan Magistrate Subordinate Judge Class II

Special Judicial Court of Small Causes Munsiff's Court or Court


Judicial Magistrate of sub Judge IIIClass
of the Class Magistrate for Metropolitan Cities
*
court structure in India
Courts in India are divided into three categories:
theSupreme Court,High Courts, and District Courts.
A BETNG

Lthe decisions given by the Supreme Court are binding on all the courts throughout the territory of India.
3. While the decision given by the High Courts are binding on the subordinate courts within the jurlsdiction of
that particular High Court.
4.Following flow chart explains the court structure in India :
Hierarchy of Criminal Justice System Hierarchy f udicial System
Supreme Court Supreme Court

High Court High Court

Bein Sessions Judge and Additional Sessions Judge District Court and Additional District Judges
cowe
Assistant Sessions Judge Subordinate Judge Class I

Chief Judicial Magistrate Chief Metropolitan Magistrate Subordinate Judge Class II

Judicial Magistrate Special Judicial Court of Small Causes Munsifl's Court or Court
of the Class Magistrate for Metropolitan Cities of sub Judge III Class
for.
ecomme District Consumer Forum BETNG

phone Ldupcate
The act also provides for establishment of consumer protection councils at the
union, state and district level.
The main objectives are to protect the, rights of the consumer redressal of consumer grievance and promotion
of standards of goods and services.

Dispute Settlement Three Tier Mechanism: The Consumer Protection Act provides for three-tier
quasi-judicial Consumer disputes redressal machinery at the National, State and District levels, for
settlement of Consumer disputes it includes
National Consumer Disputes Redressal Commission (NCDRC)
2 State Consumer Disputes Redressal Commission
3.District Forum.

Consumer Dispute Redressal Forum also known as the "District Forum"

E
BETNG

Indian Contract Act, 1872


According to the Indian Contract Act, 1872, (referred
to as the lICA) an agreement that is enforceable by
law is a contract under Seccion 2(h). An agreement,
Agreenent in simple words, is a promise. All agreements are not
contracts.
It is important that the persons to a contract should
Contat also have the intention and mindset to enter into
contract.
X

(Entorceade in aiv Yes

phone
NEER
Labour Laws
to save rights of employee

Labour laws which manage work issues particularly with respect to


the privileges of laborers are as Below:

The Employee's State Insurance Act, 1948


Bonus Act, 1965
" Gratuity Act, 1972
" Industrial Dispute Act

LNEER
Labour Laws< BEING
to save rights of employee

Labour laws which manage workissues particularly with respect to


the privileges of laborers are as Below:

The Employee's State Insurance Act, 1948 Medalt


Bonus Act, 1965 334.-o. Acidma
Gratuity Act, 1972 5yeais dlnn
Andustrial Dispute Act
Tribunals EB
BETNG
iae
Tribunal is a quasi-judicial institution that is set up to deal with problems such as resolving
administrative or tax-related disputes. It performs a number of functions like adjudicating
disputes,determining rights between contesting parties, making an administrative decision,
reviewing an existing administrative decision,
etdd wter

National Green Tribunal (NGT)


The National Environment Tribunal Act, 1995,and National Environment Appellate Authority
Act, 1997 were found to be inadequate giving rise to demand for an institution to deal with
environmental cases more efficiently and effectively.
Arbitration EB
BETNG

Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation.
Arbitration, Mediation, Negotiation and Conciliation are tool of ADR.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more
arbitrators(neutral person)who make abinding decision on the dispute. In choosing arbitration, the
parties opt for a private dispute resolution procedure irstead of going to court.
Arothratorn
Process of Arbitration
"The parties in an arbitration have the freedom to select aqualified
expert known as an arbitrator.
" process of dispute resolution through arbitration is confidential.
" The decision rendered by an arbitrator is known as an arbitral
Features of Arbitration
BEING

8Arbitration is consensual
The parties choose the arbitrator(s)
DArbitration is neutral
DArbitration is a confidential procedure

Advantages
privacy
liberty to choose an arbitrator
Arbitration Allowed - Partnership, All Civil
AA
A venue of arbitration can be a place
convenient to both the parties Matters,Construction Project, Insurance.
the expenses are less Arbitration Not Allowed - Criminal Matters,
Arbitration is faster
Industrial Dispute.

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