Mutation

When a land is sold it is required to change the holdings. The whole process is called mutation. It has been stated in The State Tenancy and Acquisition Act 1951 and Land Survey Manual 1990. Through this process old landlord name will be replaced by new landlord name. The whole process is being described in section 143 of The State Tenancy and Acquisition Act 1951 and article 309 to 322 of the Land Survey Manual 1990. Assistant Commissioner of Land is the officer in charge for the whole process.

Reason for Namjari:

1. Land transferred by registered deed.

2. Death of a land lord.

3. Land Acquired by Government.

4. Gift, Will and Probate.

C.R Case & G.R Case

C.R case stands for Compliant Registered Case and G.R  case stands for General Registered Case. When FIR instituted in the police station a number is put against every FIR to be called as FIR No. 6, 7 etc. or Police Station Case No. 6, 7 which later on pass to the court and in the court, police officer commonly known as CSI gave another number in the general register. This is known as G.R case. Moreover, NGR case stands for Non Registered Case, where the case is instituted through the prosecution report of a police officer.


Whereas in C.R case complain was directly given in the Magistrate court. Once the complaint is received by the Magistrate court a Complaint Registered Case number will be given against such a complaint. The Magistrate having received such information will examine the complainant upon oath under the section 200 of CrPC. Upon such examination, the Magistrate may take cognizance of  the case; or he may dismiss it or he may order for inquiry or investigation on the matter.Please note that if the compliant is made on affidavit then there is no requirement of examination of the compliant on oath under the section 200 of CrPC by the Magistrate.

FIR

The term 'First Information Report is not mentioned in the CrPC but these words are understood to mean information recorded under section 154 of the code. It means the information which reaches the officer-in-charge of a police station first on point of time about the commission of a cognizable offense. First information report may be regarding a non-cognizable offense which is dealt with in section 155 of the CrPC. The word 'information means something in the nature of a complaint or accusation, or at least information of a crime, given with the object of putting the police in motion in order to investigate, as distinguished from information obtained by the police when acting for investigating a crime.

Tamadi Law

The Limitation Act is known as TAMADI Law in Bangladesh. Tamadi refers to when a person right is destabilized, he/she should be re-instantiated his/her right with in a time frame. If he/she forgot to claim his/her right with in this time frame, his/her right will be adversed. Section 5 of the Tamadi law describes under what circumstances the court can grant application for the violation of the given time frame of any particular case.

Transfer of property Act

Transfer of property Act means transferring property from one legal person to another legal person. It is known as TP ACT. "Transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and " to transfer property" is to perform such act. Here "living person" includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.

Unlawful Assembly

Any assembly where five or more people gather for a common object such as 1. To overawe by criminal force.2. To resists the execution of public law. 3. For criminal trespass

Labour Court

1. For the purpose of this Code, the Government may, by notification in the Official Gazette, establish as many Labour Courts as it considers necessary.
2. Where more than one Labour Court is established under sub-section (1), the Government shall specify in the notification the territorial limits within which each one of them shall exercise jurisdiction under this Code.
3. A Labour Court shall consist of a Chairman and two members to advice him, however, in the case of trial of an offence .
4. The Chairman of the Labour Court shall be appointed by the Government from amongst the sitting District Judges or Additional District Judges.
5. The conditions of employment of the Chairman and Members of the Labour Court shall be determined by the Government.
6. Among the two Members of the Labour Court one is to represent the employers and the other to represent the workers, and they will be appointed in the manner hereinafter provided in sub-section(9).
7. The Government shall constitute, in the manner prescribed by rules, by notification in the official Gazette, two panels of Members, one of which shall bear the names of six representatives of employers and the other six representative of workers

Steps of a Regular Trial in Magistrate Court

Pre-trial Hearing/ Discharge before Framing of Charge: On the day fixed for the trial to begin the accused, if he has been detained in custody, will be brought from the prison. If he is on bail he must appear in the court and will be then placed in the cell to await his trial.

Trust Law

Trust law is the invention of equity. It was gradually accumulated by the court of chancery of England. In a trust there are two parties exist one is trustee and another is beneficiary. Three certainties for the creation of a trust such as a) certainty of words b) certainty of subject matter c) certainty of object

Trial in the Magistrate Court

Trial in the Magistrate court takes two forms: summery trial and regular trial. Sections 260 and 261 outline cases which shall be tried summarily by Magistrates. Unlike in regular trials the court in summery trials has to simplify and shorten trial procedure by dispensing with the recording of evidence and not allowing many adjournments. There is a limit of imprisonment in summary trial and this is that a Magistrate cannot impose a sentence exceeding two years. In summery trials the Magistrate has to follow all the steps of a regular trial but the difference between the two is that in summery trial of offences where no appeal lies the Magistrate need to have to record the evidence of the witnesses or frame a formal charge(section 263). Secondly, in case of summary trials of offences where appeal lies, the Magistrate has to record the substance of evidence(still not the full evidence) (section 264).

Restitution of conjugal rights

The leading case on this point is Munshee Buzloor Ruheen vs Shumsoonissa Begum. It was observed in this case that if either party to a marriage contract has withdrawn from the society of the other without any valid reason, or has neglected to perform the martial obligations, the aggrieved party may bring a suit in a civil court for the restitution of conjugal rights. Thus, where a wife refuses to live with her husband, the husband is entitled to sue for restitution of conjugal rights. This right, however, is not absolute. There are a number of valid defenses available to a wife in a suit for restitution of conjugal rights. She may prove that:
1. it is unsafe for her to live with her husband because of his cruelty; or
2. the husband grossly neglects the performance of the marital obligations; or
3. the marriage is irregular; or the husband has been made an outcaste by his community.
Hence it is difficult to prove.

Muslim Marriage

Muslim marriage though essentially a contract is also a devotional act, its objects are the right to enjoyment, procreation of children and the regulation of social life in the interest of the society. Marriage among Muhammadans is not  a sacrament, but purely a civil contract; though it is solemnized generally with recitation of certain verses from the Koran, yet the Muhammadan law does not positively prescribe any service peculiar to the occasion. There are nine legal effects flowing from a valid marriage:
1. Sexual intercourse becomes lawful and the children born of the union are legitimate.
2. The wife becomes entitled to her dower.
3.The wife becomes entitled to maintenance.
4. The husband becomes entitled to restrain the wife's movement in a reasonable manner.
5. Mutual rights of inheritance are  established.
6. The prohibitions regarding marriage due to the rules of affinity come into operation.
7. The wife is not entitled to remarry after the death of her husband, or after the dissolution of her marriage, without observing iddat.
8. Where there is an agreement between the parties, entered into either at the time of the marriage subsequent to it, its stipulations will be enforced, insofar as they are consistent with the provisions or the policy of the law.
9. Neither the husband nor the wife acquires any interest in the property of the other by reason of marriage

Equity

Equity is a form of law discovered by the Court of Chancery of England. When the Common Law fails to give the result, the equity starts its journey from that point. There are various situations arrive when there are no solutions in the Common Law. But let not the accused go without any punishment. At first it was the discretionary power of the judges to give judgement in that case. But then slowly equity got the uphold. Now the Equity court is separate from the Common law court. But in subcontinent it is merged. Equity follows the law. This is a maxim of a equity. Equity will not controversial to the prevailing law. Equity is equality. Where there is no equality, there is no equity. Specific performance of contract and Injunction are the two most important invention of the equity. Common law does not support the specific performance of contract. Breach of contract will be punished according to the ground of the contract. Where as specific performance will be executed according to the exact declaration of the contract. 

Family Law

Family law varies across different religion. Hind family law is different from the Muslim family law. In Muslim family law there are various topics like marriage, dower, divorce, legitimacy and parentage, guardianship, maintenance and inheritance are being discussed. In marriage section guardianship in marriage, option of puberty, restitution of conjugal rights and polygamy are being discussed. Hindu family law is divided into two sections such as Dayabhaga and Mitashakara. Dayabhaga prevails in Bengal where as Mitashakra prevails in India. Though the Indian family law has been changed over the years. Many changes have been adapted. But in Bangladesh it has been availed like the previous one.Britain and other countries have their common law regarding those materials. 

Human Rights Violation

Human Rights have been violated throughout the whole world. In that case state is totally responsible for this. It has the duty to ensure each and every single citizens human right. But alas state became the violator of this right. Now where is the place for the destitute people. Destitute people have no chance to flourish.

Fight is on the way

Many of the third world countries fighting is going on. There are different sects of people whose belief is different they are fighting with each other to push their ideas to the rival party. In third world countries military grab the power when skirmishing is going on.

CIVIL LAW

Though state has run by civil law but there are many countries in the world who have dictated their subjects with the worst weapons of the state like disappearance , brutal killing of rival party. This is not civility so as civil law. Civil means you are not a beast. Beast are not civil. They are animal. When anger arrives they demolish their rivals. State now has a wild tiger. They will destroy you if you talk against them.Civil law describes about civil wrong which is known as Tort law. Trust, Muslim Marriage, Mortgage these are the some example of civil law.

Jurisprudence

Jurisprudence deals with law from the philosophical point of view and it is therefore sometimes described as an abstract subject which is difficult to grasp. Jurisprudence is thus the study of fundamental legal principles. Juris in Latin signifies legal and prudentia means skill or knowledge. Thus in a very wide sense, the term connotes the basic knowledge of law.

Labour Appellate Tribunal

Labour Code:218
1. For the purpose of this Code, there shall be a Labour Appellate Tribunal in Bangladesh consisting of a chairman or, if the Government deems feet, of a chairman and such number of Members as determined by the Government.

2. The Chairman and the Members, if any, of the Tribunal shall be appointed by the Government, by notification in the official Gazette on such terms and conditions as the Government may determine.

3. The chairman of the Tribunal shall be from amongst person who is or has been a judge or an Additional Judge of the Supreme Court and a member thereof shall be form amongst person who is or has been a judge or an Additional Judge of the Supreme Court or is or has been a District Judge for at least three years.

4. If the Chairman is absent or unable to discharge his functions for any reason, the senior member of the Tribunal, if any, shall discharge the functions of the chairman.

5. Where members are appointed in the Tribunal, The Chairman may, for the efficient performance of the functions of the Tribunal, constitute as many Benches of the Tribunal, consisting of one or more members of the Tribunal, including himself, where necessary, as he may deem fit.

6. An appeal or any matter before the Tribunal may be heard and disposed of by the Tribunal setting as a whole or by any Bench thereof.

7. Subject to this Code, the Tribunal shall follow as nearly as possible such procedure, for hearing of an appeal by an appellate Court from original decrees.

8. If the Members of a Bench are divided in their opinion as to the decision to be given on any point-
    a. the same shall be decided according to the opinion of the majority, if any; and
    b. if the Members of the Bench are equally divided, they shall state the point on which they differ and the case shall be referred by them to the Chairman for hearing on such point by the Chairman himself, if he is not a Member of the Bench, or by one or more of the other Members of the Tribunal, and such point shall be decided according to the opinion of the Chairman or Member or majority of the Members hearing the point, as the case may be.

9. Where a Bench includes the Chairman of the Tribunal as one of its Members and there is a difference of opinion among the Members and the Members are equally divided, the decision of the Chairman shall prevail and the decision of the Bench that shall be expressed in terms of the opinion of the Chairman.

10. The Tribunal may, on appeal, confirm, set aside, vary or modify the award, decision, judgment or sentence given by the Labour Court or remand a case and shall, save otherwise provided, exercise all the powers conferred by this Code on the Labour Court.

11. The judgement of the Tribunal shall be delivered within period of not more than 60 days following the filing of the appeal.

12. The Tribunal shall have authority to punish for contempt of its authority, or that of any Labour Court, as if it were a High Court Division of the Supreme Court.     

Labour Law

Collective bargaining agent in relation to an establishment or group of establishments,means the trade union or federation of trade unions which is the agent of the workers in the establishment or,as the case may be,in the group of establishments in the matter of collective bargaining.
Workers employed in any establishment shall be classified in any of the following classes according to the nature and condition of work,namely-
a) apprentice
b)Transfers
c) Casual
d) Temporary
e) probationer
f)  permanent

Tax Law

Tax is compulsory levy imposed by the Government on individuals and legal person.Here legal person means company,institution and corporations.Commercial banks are treated as company.Multinational company is also treated as legal person.City corporation is also legal person.Educational institution is also legal person.They are the principal.They work through their agent .Agents are their brain.Here liability is strictly separated. Agents liability and principal liability is totally different.Tax has no penal character.Tax is not imposed as a fine or penalty.Tax is the most important fiscal mechanism of transferring  private property to state property.The imposition of tax is made for public purpose without reference to any special benefit to be conferred upon the payer of tax.The principal object of income tax is to collect revenue with a view to running various government functionaries.It accelerate economic growth by encouraging savings and investment.

Law of contract

Contract law is relatively a broad term.In contract always there are two parties.The very basic elements of contract are offer and acceptance.One party offer and another party accept the offer.No coercion and undue influence will be there.If mistake,coercion,undue influence and fraud  is there it is the right of the party to cancel the contract who has been deceived.

Cyber Law

The world has been changing rapidly.Gone are those day's when people used to deliver their letter by post man.Now all walks of people use text message or electronic mail.Our way of life changes so as  attitude.In the upcoming day's all sort's of communication will be electronic so as the problem will be electronic.So there is a society of electronic we will get.So there is need to be a Cyber Law. It might be a relatively new term.But it will be a popular one in the upcoming day's.