Ehsan kabir Solicitor | Municipal Law : Law of the land

1
Municipal Law Law of the land

• Ehsan kabir Solicitor

2

• Law is a Social Science
• Grows and develops with the growth and
  development of society
• New developments in society create new problems
  and law is required to deal with those problems

3
Definitions of Law

• Austin
• Law is the command of the Sovereign.
• It is enforceable by a sanction
• Roscoe Pound
• Law is a social institution to satisfy social
  wants
• Salmond
• Law is a body of principles recognized and
  applied by the State in the administration of
  justice
• Moulton
• Law is the crystallized common sense of the
  community

4
Purpose of Law

• Maintenance of law and order
• Enables individuals to have the maximum freedom
  to assert themselves
• Maximum satisfaction of the needs of the people

5
Object of law

• Object of law is justice
• Justice operates at two different levels
• Distributive justice serves to secure balance
  among the members of a community
• Corrective justice serves to correct the
  dis-equilibrium created by a wrongful act

6
Kinds of Law

• International law Law of Nations
• Public International Law Body of rules
  governing the conduct and relations of States
  with each other
• Private International Law Rules and principles
  governing cases having foreign element. Applies
  to individuals and not to States

7

• Municipal Law Law of the land
• Public Law determines and regulates the
  organisation and functioning of the State and
  determines the relation of the State with its
  subjects
• Private Law regulates and governs the relation
  of citizens with one another

8

• Public Law
• Constitutional Law includes all rules which
  directly or indirectly affect the distribution or
  exercise of Sovereign power of the State
• Administrative Law determines the organisation,
  powers and duties of administrative authorities
• Criminal Law defines offences and prescribes
  punishments for them

9

• Private Law
• Personal Laws
• Law of Property
• Law of obligation
• General Law Ordinary law of the land
• Special Law Legal rules which are special and
  exceptional in their nature

10
Kinds of Special Law

• Local Law Law of a particular locality
• Foreign Law Law of a foreign country
• Martial Law Law applicable to soldiers as well
  as civilians in times of war or tumult
• Military Law applicable to soldiers alone

11
Elements of State

• State is a people organised for law within a
  definite territory
• Population No State without people
• Territory People settling down on some definite
  territory constitute a State
• Government It is the machinery through which
  the administration of a country is carried on. It
  is outward manifestation of the State
• Sovereignty It is that which is absolute and
  uncontrolled within its own sphere

12
Functions of the State

• Primary
• War and administration of justice (Defence
  against external enemy and maintenance of law and
  order within the country)
• Secondary
• Legislation and Taxation (necessary for the
  welfare of the citizens)
• The relation between State and Law is very close
  and intimate
• The State manifests itself through law and law
  has its importance because it has the sanction of
  the State

13
Sources of Law

• Legislation Making of law by the formal and
  express declaration of new rules by some
  authority in the body politic which is recognised
  as adequate for that purpose
• Precedent - Making of law by the recognition and
  application of new rules by courts themselves in
  the administration of justice
• Customary Law Constituted by customs which
  fulfil the requirements laid down by law as the
  condition for their recognition as obligatory
  rules of conduct
• Conventional Law - It is that which is
  constituted by agreement having the force of
  special law inter partes

14
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

15
Custom

• 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
• When same thing is done again and again in a
  particular way, it assumes the form of custom

16
Precedent

• Judicial decision to which authority has been
  attached
• The reason why a precedent is recognised 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 recognised 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

17
Substantive and Procedural Laws

• Substantive Laws those which define rights,
  duties and liabilities
• Substantive Criminal Law is contained in the
  Indian Penal Code and various Special and Local
  laws
• Substantive Civil Law is contained in Acts like
  Indian Contract Act, Hindu Marriage Act, Transfer
  of Property Act etc.

18

• Procedural Laws or Adjective Laws those which
  define the pleading and procedure by which
  substantive laws are applied in practice.
• Criminal Procedure Code
• Civil Procedure Code and
• Indian Evidence Act
• are the examples of Procedural Law

19
Thank You