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Post Graduate Diploma in Business Management

(2010-2012)

Legal Aspects of Business

Dr. Rashmi Kumar Aggarwal

Total Sessions 20

Session 1.30 hrs

Course Background and Objectives of the course

Legal aspects are an indispensable part of a successful business environment in any


country. They reflect the policy framework and the mind set of the Governmental
structure of that country. They ensure that every company 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, student presentations, assignments, quizzes,
analysis of case laws, etc.

Learning Outcomes:-

Upon the successful completion of this course, the students will be able to:

1. Understand the legalities of a valid contract and contractual obligations.


2. Distinguish between types of negotiable commercial paper, legal issues
regarding their transfer, and the associated rights and liabilities of relevant
parties.
3. Recognize legal issues arising from secured transactions.
4. Recognize the different forms of business organizations and companies.
5. Recognize the legal issues arising from real property transactions.
6. Write analyses of legal issues that may arise in the business environment.
7. Understand the value and worth of intangibles assets of the business.
Describe the need for awareness and sensitivity to differences in business law
in the international business environment

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8. Establish business practices that comply with relevant laws in an effort to
maintain ethical business practices

Assessment Scheme

Quizzes 20%

Group Presentations 20%

Mid Term Examination 30%

End Term examination 30%

Total 100%

Text Book

“Legal Aspects of Business” by V.S. Datey, 5th Edition from Taxmann


Publications

Reference Books

Constitution of India by V N Shukla and revised by M P Singh

Taxman’s Students guide to Company Law AK Majumdar and Kapoor

Year Book of SEBI & Corporate Law Taxman

Cyber Laws- The Indian Perspective Pawan Duggal

Intellectual Property and Criminal Law N.S. Gopalkrishnan

Intellectual Property Laws P. Narayan

Annual Survey of Indian Law published by Indian Law Institute, New Delhi

Journal of International Law Journal and Journal of Intellectual Property Laws

Useful Websites

1. www.law4india.com
2. www.taxmann.com
3. www.unilawbooks.com
4. www.sconline.com
5. www.ebc.india.com
6. www.vakilno1.com

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7. www.asianlaws.org
8. www.jttoday.com

Course Curriculum and Session Plan

Session 1

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.

Session 2- 6

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.

Session 7

Special Contracts Indemnity, Guarantee, Bailment, Pledge, Agency

Session 8

Sales of Goods Act, 1930

Definition and features of Contract of Sales of Goods, Conditions and Warranties,


Transfer of Property, performance of contract of sale, remedies for breach of contarct of
sale

Quiz

Session 9

Consumer Protection Act, 1984, Rights of Consumers, Defect on goods and deficiency in
services, Unfair Trade Practices, Consumers Dispute Redressal Agencies.

Session 10-11

Negotiable Instruments - Nature of Promissory Notes, Bills of Exchange and Cheques,


Parties to negotiation, Holder and Holder in due course, presentation, discharge, rules of
Evidence Estoppels and Crossing and Dishonor of Cheques.

Session 12-19

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Company Law - Nature and kinds of company, Formation of Companies, Memorandum
and Articles 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,
Compromises and Arrangements, Winding up of the companies.

Session 20

TRIPS agreement, Intellectual Property Rights, Patents, Copyrights, Trade marks,


Industrial Designs, Geographical Indications

Notes:-

The notes and hand outs of case laws etc will be put on line for an access of the students.

The dates of quizzes, mid term and end term examination will be as per the academic
calendar provided by the institute.

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