Monday, May 21, 2012

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

Thursday, May 17, 2012

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.

Monday, May 14, 2012

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).

Thursday, May 10, 2012

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.

Monday, May 7, 2012

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

Friday, May 4, 2012

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. 

Wednesday, May 2, 2012

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.

Tuesday, May 1, 2012

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.