Legal Guide

What are Business Laws in India?

by Bhavya Choudhary · 4 min read

Business law

Introduction

Business law includes all the laws that address the how, what, and why of how firms are permitted to operate lawfully and are expected to do so. Contract law, manufacturing and sales legislation, recruiting procedures, and business ethics are all included in the definition of business law. 

It refers to and relates to the legal regulations that govern business and trade in both the public and private sectors. Due to the way it governs various business sectors, it is also known as corporate law and commercial law.

The Objectivity of Business Law

Business law is a crucial component of law in general since, without it, the corporate, manufacturing, and retail sectors would all be under totalitarian rule. Maintaining secure and efficient workplaces for everyone involved in the business, whether they are running it or working for the people running it, is the goal of combining business and law.

Different Types of Business Laws

Countries throughout the world recognize and adhere to different forms of business law. The kinds of business law sections that follow are some of these.

  1. Law of Contracts

Any written agreement that imposes some type of legal responsibility on the parties to it is referred to as a contract. Contracts include agreements for the hiring of employees, the selling of commodities, leases, etc.

  1. Employment Law 

The crucial intersection between business and law is employment law. These laws uphold the policies that control interactions between employees and employers. These address when, how, how much, and how long workers should be on the job. This is also a type of Business Law. 

  1. Labour Law

The proper connection between an employee and an employer, as well as pay scales and other things, are also specified by labor law. However, the union’s relationship with the employer and employee adds another component to labor regulations.

  1. Law of Intellectual Property

The intangible results of the operation of the human mind or intellect that are the sole property of a single entity, such as an individual or business, are referred to as intellectual property. Intellectual property law, which includes trademarks, patents, trade secrets, and copyrights, justifies this ownership.

  1. Securities Act

Securities are assets such as stock market shares and other sources of capital accumulation and growth. Businesspeople are not allowed to engage in fraudulent activity in the securities market, according to securities legislation. Insider trading and other types of securities fraud are punishable under this provision of company law. As a result, it is also known as Capital Markets Law.

  1. Tax Law

Taxation in the context of business law refers to levies made against businesses. All businesses, with the exception of a tiny number of tax-exempt small businesses, are required to pay their taxes on time; failure to do so is a breach of the corporation tax rules.

Indian Business Laws

Now let’s examine a few of India’s significant business laws. There are a number of business law provisions in the Indian context that are crucial to the nation’s economic sector. Here are some notes on Indian business law you might find useful.

  1. Indian Contract Act, 1872

The application of contract law in our nation is governed by the Indian Contract Act, which is also a type of Business Law. Its criteria for contract legislation include things like:

  • Total agreement between the parties on the terms of the contract.
  • Legal compensation is provided by both parties.
  • In order for a contract to be valid, both parties must be of legal age.
  • Neither party shall be intoxicated.
  • Uncompelled consent: Neither party ought to have been forced to sign.
  • Agency: When one party hires a different party to act on its behalf.
  • Final contract enforcement
  1. Sale of Goods Act, 1930

A sale of goods contract is necessary for the exchange of ownership of a physical, immovable product between a buyer and a seller for a predetermined sum of money. The Sale of Goods Act of 1930 governs the contract’s terms and is important business law. 

  1. Indian Partnership Act, 1932

When two or more company entities collaborate to launch a new project, this is referred to as a partnership in the business world. The parties involved divided the investment and earnings equally. This Business Law governing how partnerships can operate in India is laid forth in the Indian Partnership Act.

  1. Limited Liability Partnership Act, 2008

The Indian Partnership Act of 1932 is distinguished from this Act. Even if a partnership dissolves, a Limited Obligation Partnership remains in operation and solely bears the liability specified in the contract. It is a distinct legal entity. It is also a type of Business Law. 

  1. Companies Act, 2013

Companies Act is one type of Business Law. This is the supreme business legislation, which regulates and establishes the guidelines for all phases of the formation and dissolution of Indian corporations.

Conclusion 

The blog discusses all the Business Laws in India. One must take legal consultation from a business lawyer whenever there is any dispute with regard to any business matter. A business lawyer not only gives you legal consultation but also guides you in a proper manner.

Business Laws can be complex at times. It is recommended to consult an expert in case of any grievance in business.

Bhavya Choudhary

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Bhavya Choudhary

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