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.
Monday, April 30, 2012
Friday, April 27, 2012
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.
Sunday, April 22, 2012
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.
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.
Wednesday, April 18, 2012
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
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.
Monday, April 9, 2012
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.
Sunday, April 8, 2012
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.
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