PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

CONSTITUTION OF INDIA, LAW & ENGINEERING

(KNC 501)

Module 3
Introduction and Basic Information about Legal System

TOPICS

 Sources of Law & Court Structure

 Common Law or Case Law
 Arbitration
 Contract Law
 Tort Law
 Law at Workplace

Sources of Law
 Sources of law are the origins of laws, the binding rules that
enable any state to govern its territory.

 The main source of law in India is the Constitution which

gives due recognition to statutes, case law and customary law,
consistent with their dispensations.

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

1. Legislation:

 Means the “making of the Law or declaration of legal rules by

competent authority”.

 Supreme legislation proceeds from the Sovereign power in the

State.

 Subordinate legislation proceeds from any authority other

than the Sovereign power.

Control over delegated legislation

 Parliamentary control
 Judicial control
 Public opinion

2. Precedent:

 Judicial decision to which authority has been attached.

 The reason why a precedent is recognized is that a judicial

decision is presumed to be correct.

 Under this rule, a principle of law which has become settled by

a series of decisions is generally binding on courts and should
be followed in similar cases.

 The doctrine has been recognized by the Constitution of India.

 Article 141 provides that the law declared by the Supreme

Court shall be binding on all courts in India.

 The Supreme Court is free to depart from its previous

decisions if valid reasons exist for doing so.

3. Customary Law:

 Uniformity of conduct of all persons under like circumstances.

 It is observed course of conduct.

 It is a rule which has existed from time immemorial and

obtained the force of law in a particular locality.

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

 When same thing is done again and again in a particular way,

it assumes the form of custom.

4. Conventional Law

 A law which is based on conventions i.e., something arising

out of an agreement between parties or the rules made by any
institutions.

Court Structure

1. Supreme Court of India:

 Under the constitution of India, the Supreme Court is the final

court of appeal.

 Hence has the chief justice of India, including 30 judges and

other judges for advisory jurisdiction.

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

 Unsolved or still in dispute cases are leveled up to Supreme

Court to reattain justice.

The Eligibility to become a Chief justice is:

 The judge in one High court or more, for at least 5 years or

advocate in high court for at least 10 years.

 A distinguished judge in the opinion of the President of India.

2. High Court of India:

 Under the constitution of India, every state should regard to

one high court.

 Mumbai high court id the oldest high court in India.

 Every High court has 94 judges out of which 71 are permanent

and 23 are additional judges.

 High court deals with economic issues and legal

documentation.

The Eligibility to become a High Court Judge is:

 He should be a citizen of India.

 An advocate should have at least 10 years of practice in any

court.

3. District Court of India:

 Under the constitution of India, district courts or Subordinate

Courts are subordinate to the high court.

 District courts are established according to the population

distribution of the district and state.

 It looks after the Civil and criminal matters of the district.

 A law declared by the district court is applicable to all

subordinate courts.

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

The Eligibility to become a District Judge is:

 He should be a citizen of India

 An advocate should have at least practice for 7 years.

Common Law or Case Law

 The Common Law also known as case law or Judicial
precedent.

 It is based on decision that judges have made in past cases.

 It is a section of law which is derived from the judicial decision

of courts and similar tribunals.

 As the name suggests it is common to all.

 The example set by higher courts is binding on cases tried in

lower courts.

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

Arbitration
It is a process of dispute resolution between parties through arbitral
tribunal appointed by parties to the dispute or by the court at the
request of a party.

Arbitration Process:

Arbitral Disputes:

 Property
 Insurance
 Contract (including employment contracts)
 Business / partnership disputes
 Family disputes (except divorce matters)
 Construction
 Commercial recoveries

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

Non-Arbitral Disputes:

 Matters of criminal nature

 Disputes relating to matrimonial relations
 Testamentary matters relating to the validity of a will
 Relating to trusts for public purposes of charitable or religious
nature
 Insolvency matters
 Matters relating to the guardianship of a minor or lunatic.
 Any execution proceedings.

Duties of Arbitrator:
 To administer oath to the parties and witness appearing
 To act judicially and impartially
 To put necessary interrogatories to any party to the dispute
 To determine by and to whom the costs of reference and the
award shall be paid
 To award interest
 To fix amount, mode and time of payment

Other types of Arbitrations:

1. Ad-hoc Arbitration 2. Institutional Arbitration

3. Statutory Arbitration 4. Domestic or International

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

5. Foreign Arbitration
Advantages of Arbitration:

 Choice of decision maker with expertise

 Speed
 Lower-cost
 Flexible
 Confidentiality
 Less formal than court
 Preservation of business relationships
Disadvantages of Arbitration

 Limited recourse
 Uneven playing field
 Lack of transparency
 Cost: parties pay for arbitrator and agency
 Limited rights of appeal, fewer means to challenge award
 Lack of formal discovery

Contract Law
Law of contracts in India defines “Contract as an agreement
enforceable by law which offers personal rights, and imposes
personal obligations, which the law protects and enforces against
the parties to the agreement”.

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

Essentials of Contract:

 2 or more parties

 Offer and Acceptance – one has to offer and other has to

Accept

 Identity of Minds – Agreed upon the Subject Matter

 Consideration – Something in return –every contract must be

supported by Consideration

 Capacity – Competent parties to contract

 Free Consent – Free from flaw, not caused by coercion /

Undue influence

 Lawful Consideration – The consideration must be lawful

 Legality of Object – recognized and approved by society.

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

1. By Performance:

 When the parties to the contract have duly performed their

respective promises undertaken by them, the contract comes
to an end.

2. By Mutual Agreement:

 A contract comes into being by the agreement between two

parties; therefore it may also be discharged by their mutual
agreement and willingness.

3. By Impossibility of Performance:

 If the performance of contract becomes, or turns out to be,

impossible, the parties to the contract are discharged from
their respective obligations.

4. By Operation of Law:

 Some times the performance of a contract is discharged by the

operation of some law. For instance, is soon as a person is
discharged by an order of court.

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

5. By Breach:

 When one party to the contract breaks the contract by non-

performance of the promise or otherwise, the other party is
discharged from his obligation under the contract and has
right of action against the party responsible for the breach.

Tort Law

 Tort means include civil wrong done by one person to

another which causes damage or injury irrespective weather
such damage or injury intentional or unintentional.

 The law of tort therefore, protects the rights & freedoms of

individuals, their property and reputation.

 Torts can be Intentional or Unintentional against persons

and property.

Essentials for Tort

Three conditions must be satisfied to constitute a tort:

1. Wrongful act (any private right is violated)

2. Legal damages

3. Legal remedy

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

Types of TORT

There are three types of Tort:

1. Intentional Tort: Assault, false imprisonment, mental

distress etc.

2. Negligence: accidents etc.

3. Strict Liability: engaged in certain activities and someone is

injured or killed.

Theory of TORT

There are two theories with regard to the basic principle of liability
in the law of torts or tort. They are:

1. Wider and narrower Theory-

 This theory was propounded by Professor Winfield.

 All injuries done by one person to another are torts, unless

there is some justification recognized by law.

2. Pigeon-hole Theory-

 This theory was proposed by Salmond.

 There are a definite number of torts outside which liability in

tort does not exist.

Principles of Tort Liability

 It means an actual loss which occurs without the infringement

of any legal rights.

Case Law:

 Gloucester Grammar School Case

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

 It refers to the damage suffered by the plaintiff due to the

violation of legal rights done by the other.

Case Law:

 Ashby vs White

 Bhim Singh vs State of J&K

3. Vicarious Liability

 The person who causes damages must pay compensation.

 In order for vicarious liability to arise, there should be some

legal relationship between the defendant & the third party.

 Therefore, one partner can be liable for the defaults of another.

 It can also arise in the course of employment (time of

employment).

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

Law at workplace

Physical Harassment:

 Using of physical threats and acts of violence by a boss/

manager/ colleague

 Bullying, pushing or shoving for no reason

 Physical abuse, deliberate fist fights, slapping, punching, etc.

Mental Harassment:

 Employee being sustained from general holidays and asked to

work on vacation days or after work hours;

 Insulting employees or punishing them with an intention to

make one inferior or to humiliate;

 Setting up unreasonable deadlines for the work;

 Emotional abuse in way of threats of dire consequences by

superiors or fellow colleagues;

 Demeaning someone for their capabilities (in private or in front

of colleagues).

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

Sexual Harassment:

 Unsavory remarks or unwelcome sexual overtone in any

manner such as over telephone (obnoxious telephone calls)
and the like;

 Create a hostile or offensive work environment or threatening

if sexual favours are not granted;

 Jokes causing or likely to cause awkwardness or

embarrassment;

 Sexual innuendos and taunts;

 Gender based insults or sexist comments;

 Displaying pornographic or other offensive or derogatory

pictures, cartoons, pamphlets or sayings;

 Forcible physical touch, inappropriate touching or

molestation;

 Outraging or insulting the modesty of a female employee at the

workplace.

Discrimination at Workplace:

 Discrimination on the basis of caste, colour, creed, gender,

age, political beliefs, sexual orientation, marital status;

 Denying an opportunity or not considering one equally

competent for the work because of biased opinions and
prejudices;

 Discrimination against differently abled people, or if a woman

is pregnant;

 Harassment for a previous criminal record, whose punishment

one has already suffered.

Laws against Physical, Mental or Sexual Harassment:

 One can report the harassment to a police station by filing a

First Information Report (FIR). Physical harassment and
Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)
PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

threats to bodily injury are criminal offenses and are

punishable under the Indian Penal Code, 1860.

 Sexual harassment against women is punished under Sexual

Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 and non-sexual
harassment cases are protected under Labour Laws, and Law
of Torts (defamation).

 Demanding sexual favors from an employee despite a clear

indication of their disinterest also punishable under the Indian
Penal Code Section 354 (A).

 Further, if a woman’s clear refusal to a sexual favor is dealt

with threat or an attempt to create a hostile work environment
for her, this is also punishable under Indian Penal Code
Section 503.

 Asking for sexual favors in exchange for salary, work

promotion or benefits is also an act of sexual harassment and
is punishable under the Sexual Harassment Act, 2013.

Laws against Discrimination

 Discrimination on the basis of disability is protected under

Section 24A of The Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation)
Act, 1995.

 Discrimination of pregnant women is protected by law under

Maternity Benefits Act, 1961.

 According to the Equal Remuneration Act, 1976, it is the

duty of the employer to not discriminate and pay equal wages
irrespective of the gender of the employee for a work of similar
nature.

 Under the Payment of Wages Act, 1936, no organization is

allowed to make unreasonable or unauthorized deductions in
the salary of an employee.

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

 An organization with less than 1000 workers is supposed to

give the salary by the 7th day of the month and an
organization having more than 1000 is supposed to pay the
salary by the 10th day of the month. If any organization does
not follow the rule, this is reportable and punishable.

 Section 499 of the Indian Penal Code states defamation as

criminal wrong. Defamation is also handled under the Law of
Torts, so a civil suit for damages can also be instituted against
the offender.

What to do if you feel you are the victim of workplace

harassment?

 If you are a victim of harassment, you must stand up for

yourself.

 Generally harassment and discrimination becomes worse over

time because the perpetrator becomes emboldened by the
silence of the victim.

 The first step can be as simple as going to the HR department

to file a formal complaint.

 Later on, if the problem still persists, you can file a complaint
with the police and take legal action against the offender in
accordance to the laws against harassment and discrimination
as the case may be.

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)