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.