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Department Of Law

Faculty of Law, Sylhel International University is creating legal professionals to meet the need of the country in the legal field. The Department of Law is the only department under this Faculty currently offering Bachelor of Laws (Honors), and Master of Laws (1year& 2years). This Department started its journey from June 2004 with a vision to guide the students to obtain Law Degree at a reasonable cost affordable to anyone aspiring of who to pursue a career in legal side, providing the most experienced faculty with a blend of young and brilliant faculty members, implementing a refined method of teaching through lectures, tutorials, case studies ensuring student participation in mooting, debates, mock trials and other extra curricular activities, views Sylhet International University students need as top priority and ensure students feel and consider the institution as their guide and not just a commercial enterprise. Our role is to recognize students potential and provide you with the opportunities to explore your career goal. When you choose the department of law you choose the best possible chance of achieving your goals.

Mission

The mission of the Law Department is to prepare students to become effective, creative and ethical lawyers, ready to serve the legal needs of the community. Creating an atmosphere of effective learning, generate a spirit of enquiry, induce healthy challenges and competitions, encourage sustainable accomplishments and ensure enriching rewards to everyone - students, teachers, trustees, associates and the society at large. Making its law graduates capable of successfully pursuing a career at the Bar, competing for Judicial Services, Civil Services, Defense Services and placements in Multi-national Corporations. Motivating the students to bring out their potential, nurture their creative thinking and training up the Law graduates with modern technology.

Vision

The vision of the Law Department is to make a centre of global standard legal education, research and service which meet the demand of legal field.

News & Events

Message From Dean, Faculty of Law

Professor Md.Monir Uddin

Ever since opening its doors in 2004, the Faculty of Law has been one of the leading academic departments for studying law in Bangladesh. The alumni of our undergraduate program are appointed to important roles in the legal profession, as well as in the government and the private sector.

Our department is well equipped for pursuing this goal. Our faculty members represent the best minds in their disciplines and come from a wide range of backgrounds. They cover not only the contemporary issues but also the history and the philosophy of law. In our department, research is integral to teaching, and we offer a wide variety of academic training based on the highest level of research for both undergraduate and graduate students.

We encourage our students to actively participate...

Message From Head, Department of Law

Md. Humayun Kabir

Lawyers are Social Engineers as lawyering for the poor is lawyering for justice. With a vision to build the society, Sylhet International University (SIU) has initiated the journey to impart Quality Legal Education within a very reasonable and moderate Tuition Fee, obviously within the affording capacity of the students of middle and lower middle class families of this country. I am delighted to be a part of this noble venture.
Dr. Md. Golam Mortuza Mozumder, Former District & Session Judge, has adorned the post of the honorable Dean, Faculty of Law; it’s an achievement for the Department of Law of SIU. The Department is enriched with a set of young, energetic and enthusiastic full time and adjunct faculty members with full devotion and sincerity with a proven track record of academic excellence from home and abroad. With the guidance of such able academics......

Fees For Bachelor of Laws (4 years)

  • Programmes Fees Structure
  • Tution Fees Waiver

Fees For LL.M (1 year)

  • Programmes Fees Structure
  • Tution Fees Waiver

Fees For LL.M (2 years)

  • Programmes Fees Structure
  • Tution Fees Waiver

Syllabus

  • First Year : Semester I
    Course Code Course Title Credit Hours
    CSE  100 Introduction to Computers 3.0
    HUM 101 English-I: English Language Composition 3.0
    HUM 111 Bangladesh Studies: History, Society and Economy

    Part I: History and Society of Bangladesh (2 Credits)

    Part II: Economy of Bangladesh (2 Credits)

    4.0
    LAW 101 Legal Philosophy and Jurisprudence 4.0
    LAW 103 History of the Development of Law and Legal System of Bangladesh 4.0
        18
  • First Year : Semester II
    Course Code Course Title Credit Hours
    HUM 103 English-II: English for Law 3.0
    ECN 101 Principle of Economics 2.0
    LAW 105 Government and Politics 3.0
    LAW 107 Law of Torts and Consumer Protection 3.0
    LAW  109 Muslim Law 3.0
        14
  • Second Year : Semester I
    Course Code Course Title Credit Hours
    LAW 201 Roman Law and Hindu Law 3.0
    LAW 203 Constitutional Law of Bangladesh 4.0
    LAW 205 Law of Equity, Trust and Specific Relief Act 3.0
    LAW 207 Law of Contract 3.0
    LAW 209 Labour Law of Bangladesh 4.0
        17
  • Second Year : Semester II
    Course Code Course Title Credit Hours
    LAW 211 Constitutional Law of UK and USA 3.0
    LAW 213 Land Laws of Bangladesh 4.0
    LAW 215 Law of Transfer of Property 3.0
    LAW 217 Public International Law 4.0
    LAW  219 Fiscal Laws of Bangladesh 3.0
        17
  • Third Year : Semester I
    Course Code Course Title Credit Hours
    LAW 301 Law of Crimes 4.0
    LAW 303 Company Law, Banking Law and Artha Rin Adalat Ain 4.0
    LAW 305 Mercantile Law 3.0
    LAW 307 Local Governance and Administrative Law 3.0
    LAW  309 Laws relating to Protection of Women and Children 3.0
        17
  • Third Year : Semester II
    Course Code Course Title Credit Hours
    LAW 311 The Law of Criminal Procedure 4.0
    LAW 313 The Code of Civil Procedure 4.0
    LAW 315 Law of Registration, Public Demand Recovery and  Limitation 3.0
    LAW 317 Law of Intellectual Property 3.0
    LAW  319 Practical Training I: Professional Ethics and Court Craft 2.0
        16
  • Fourth Year : Semester I
    Course Code Course Title Credit Hours
    LAW 401 Law of Evidence 4.0
    LAW 403 Environmental Law 3.0
    LAW 405 International Trade Law 3.0
    LAW 407 Interpretation of Statutes and General Clauses Act 2.0
    LAW 409 Practical Training II: Conveyancing and Drafting Pleadings, Legal Awareness and Internship 3.0
        15
  • Fourth Year : Semester II
    Course Code Course Title Credit Hours
    LAW 411 Criminology and Penology 4.0
    LAW 413 Comparative Law 3.0
    LAW 415 Alternative Dispute Resolution and Laws relating to Legal Aid 2.0
    LAW 417 Civil Courts Act, Court Fees Act, Stamp Act and Suits Valuation Act 2.0
    LAW 419 Practical Training III: Trial Advocacy and Moot Court Exercise 3.0
      Viva Voce 2.0
        16
  • Detailed Syllabus

    CSE 100:    Introduction to Computers 

                      3 credits

    1. Introduction: Characteristics of computer, the evolution of computers, basic computer structure, an overview of the computer system, looking inside the machine
    2. Processing Data: Transforming data into information, How computers represent data, bits and bytes, Text codes (BCD, ASCII, and Unicode)
    3. Computer Software: Introduction to software
    4. Application Software: Classification of application software, Introduction to web and e-mail, Generation of programming language
    5. Using Microsoft Office, file processing and management
    6. Operating system: Operating system basic, User interface, Running programmes, Managing files, Managing Hardware, Microsoft operating system
    7. The Internet and Online Resources: Background and History, How does Internet Work, Major Features of the Internet, Accessing the Interne, Using e-mail, using face books.

    Books Recommended:

    Abraham Silberschatz & Henry F. Forch: : Database System Concepts

     

    Peter Norton : Introduction to Computer
    P.K. Sinha: : Computer Fundamentals
    S.K. Sarker and P.K.Gupta : Introduction to Computer

     

    Hum 101:       English-I: English Language Composition

                            3 Credits

    This course purports to make the student well up in composition and comprehension of English language used in formal write ups like articles, essays and treatises. Here text will be given for comprehension, exercises of writing essays, paragraphs and reports will be done and construction of proper sentences expressing formal ideas will be taught. Sufficient exercises of translation and re-translations will be included.

    This course will also address four basic skills especially oral and written communication skills which includes communicative expressions for day to day activities, both for personal and professional requirement. Grammar items will mainly emphasize the use of articles, numbers, tense, modal verbs, pronouns, punctuation, etc. Sentence formation, question formation, transformation of sentence, simple passive voice construction, and conditionals will also be covered.

    Books Recommended

    E.L. Tibbit : Exercises in Reading Comprehension
    John Eastwood : Oxford Practice Grammar
    L.G. Alexander : An Oral Practice Book for Advanced Students of English
    Raymond Murphy : Intermediate English Grammar
    Sadruddin Ahmed : Learning English The Easy Way
    Stuart Redman : English Vocabulary in Use
    Thomson, A.J. & Martinet, A.V : A Practical English Grammar

     

     

    HUM 111:    Bangladesh Studies: History, Society and Economy

                      4 Credits

    Part I: History and Society of Bangladesh (2 Credits)

    Bangladesh-Geography of Bangladesh-History of Bangladesh: ancient, medieval, British periods, politics of 1930’s and 1940’s, Language movement, 6-point & 11-point programs, liberation war and emergence of Bangladesh and constitutional transformation of the state, Unfinished Autobiography written by Sheikh Mujibur Rahman

    Social structure of Bangladesh-Social problems such as repression of women, eve-teasing, urbanization, terrorism, communalism, corruption etc.

    Part II: Economy of Bangladesh (2 Credits)

    Socio-economic indicators of Bangladesh-GDP, Savings and Investment-Prices, wages and employment-agriculture-industry-power & Energy-transport & Communication-Human Resource Development-Poverty Alleviation-Population-economic planning.

    Reference Books;

    1. Banglapedia
    2. Economic Review of Bangladesh
    3. Unfinished Autobiography – Sheikh Mujibur Rahman

     

     

     

     

    LAW 101:    Legal Philosophy and Jurisprudence

                      4 Credits

    1. Jurisprudence: Definition, nature, scope and its importance
    2. Historical development of Law, contribution of different stages of civilization
    3. Law: Definition, Nature and Classification
    4. Schools of Jurisprudence: Analytical Legal Positivism, Historical School, Pure Theory of Law and other schools
    5. Theories of Law: Natural theory, Austin’s Theory, Comparative Theory, Realism and other theories.
    6. Sources of Law: Legislation, Precedent, Custom and Convention
    7. Administration of Justice: Development of the concept of administration of justice, Civil and Criminal Justice, Distributive Justice, Ends of Justice
    8. Procedural and Substantive Law, Crime and Criminal Procedure, Analysis of Legal Concepts
    9. Different concepts of Law: Rights, Duty, Person, Ownership, Title, Possession, Property, Obligation, and Liability
    10. Feminine jurisprudence: A new concept

    List of leading cases concerning this course will be discussed by the teacher concerned.

    Books Recommended:

    Atchuthen Pillai : Legal Theory and Jurisprudence
    Fitzerland : Salmond’s on Jurisprudence
    Hamiduddin Khan : An introduction to Jurisprudence
    H.F. Jolowcz : Lectures on Jurisprudence
    N.H. Jhabvala : Jurisprudence
    Paton : Jurisprudence
    RWM Dias : Jurisprudence
    Salmond : Jurisprudence
    Templeman : Jurisprudence and Philosophy of Law
    V D Mahajan : Jurisprudence and Legal Theory

     

     

     

    LAW 103: History of the Development of Law and Legal System of Bangladesh                                  

                      4 Credits

     

    1. Legal History
    1. Judicial System of India in the ancient Hindu period and Muslim period
    2. Introduction of English Law in India
    3. The East India Company and the early Administration of India in Calcutta, Bombay and Madras
    4. The Mayors Court
    5. Judicial Reform of Warren Hastings and the Adalat System in Bengal, Judicial Reforms from time to time
    6. The Establishment of Supreme Courts at Calcutta, Bombay and Madras
    7. Evolution of High Court, Codification by the Law Commission. The Sepy Mutinity or War of Independence in 1857 and the after math (Constitutional Changes)
    8. Proclamation of Queen Victoria
    9. The Government of India Act 1935, Strained Relation between Congress and Muslim League
    10. Two Nations Theory, Lahore Resolution, Pakistan Movement
    11. Cabinet Mission, Mountbatten Plan and Indian Independence Act 1947
    12. Constitutional History of Bangladesh, Delay in Constitution making in Pakistan
    13. Language Movement, Martial Law, Basic Democracy
    14. The Six Points Plan, Agartola Conspiracy Case
    15. General Election in 1970, The Army Crackdown and Genocide
    16. Crystallization of Bengali Nationalism
    17. Declaration of Independence, Liberation War and Emergence of the People’s Republic of Bangladesh

     

    1. Legal System
    2. Meaning of Legal System and Basic Foundation of Legal System in Bangladesh, Sources and Classification of Law in Bangladesh
    3. Features of the Legal System of Bangladesh
    4. Court structure of Bangladesh: Ordinary Civil and Criminal Courts of Bangladesh and their Jurisdiction; Special Court and Tribunals of Bangladesh, Law relating to Army, Navy and Air Force and Court Martial
    5. A brief overview of the procedural steps of criminal cases and civil suits
    6. Law Enforcement: Role of police, Courts, Governments and Citizens; Effectiveness of law enforcement in Bangladesh
    7. Personnel of Law: The Chief Justice and Judges of the Supreme Court of Bangladesh, Supreme Judicial Council, Attorney General, Solicitor, Legal Remembrance, Solicitors, Judicial Officers, Magistrates. Law Officers of the Government, Legal Practitioners, Bench Officer and Clerk, Advocate Assistants
    8. Independence of the Judiciary: Meaning, Importance, Conditions, Extent of Independence of Judiciary in Bangladesh
    9. Legal Developments: Law Relating to Ombudsman, Administration Tribunal, Law Reforms, Family Court, Alternate Dispute Resolution (ADR), Public Interest Litigation and Epistolary, Jurisdiction of the Supreme Court
    10. Legal Profession: Growth of legal profession in India before 1947, Educational Institutions and Degrees, Composition, Powers and Functions of Bangladesh Bar Council, Bar Associations in Bangladesh, Enrolment of Advocates; Disciplinary Proceedings before Bar Council Tribunal; Canons of Professional Conducts and Etiquette
    11. Legal Aid: Meaning and Forms; Importance; Legal Aids in Bangladesh, – Statutory Provisions and its effectiveness, Role of NGOs

     

    Books Recommended:

    A C  Kapur : Constitutional History of India
    A B M Mafizul Islam Patwari : Legal System of Bangladesh
    Azizul Islam : Legal System of Bangladesh
    Barrister Abdul Halim : Legal System of Bangladesh
    B B Misra :The Judicial Administration of East  India Company in India
    J K Mittal : Indian Legal History
    Kautilya : The Legal History of Indian
    M P Jain : Outlines of Indian Legal History
    M Rama Jois : Legal and Constitutional History of  India, vol. II
    Sir Jadu Nath Sarker : Mughal Administration
    V. D. Kulshrishtha : Land Marks in Indian Legal and Constitutional History
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    Hum 103:       English-II: English for Law

                            3 Credits

    Contents:

    1. Linguistic Nature of Law
    2. Command of Language in the Profession of the Law
    3. Plain Language and the Law
    4. Legal Language in different contexts: (a)Selected judgment (b) Plaints and Writs (c) Statutes (d) Various national and international legal instruments (e) Law related articles
    5. Vocabulary building techniques, Legal terms, Crime words
    6. Abbreviation related with law and administration of justice
    7. Law Maxims
    8. Latin terms relating to law
    9. Introducing Law Reports and Journals
    10. Writing on legal aspect, guided and free composition (Essay and paragraph)

    Books Recommended:

     

    Gazi Shamsur Rahman : Law Dictionary
    K J Aiyer : Judicial Dictionary
    Lord Denning : The Discipline of Law
    L G Alexander : For and Against: An Oral Practice Book for Advanced Students of English
    Md. Abdul Hamid : Ain Kosh (in Bangla)
    M A Yadugiri and Geeta Bhasker : English for Law, Foundation Books Pvt. Ltd., 2005
    Md. Noor Ahmed Bangali :Barrister’s Law Dictionary
    P Ramanatha Aiyar : Concise Law Dictionary
    Raymond Murphy : Intermediate English Grammar
    Stuart Redman : English Vocabulary in Use
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    ECN 101:    Principles of Economics

                      3 Credits

    The Nature, scope and methods of Economics, Economics and Engineering. Some Fundamental concepts commonly used in Economics. Micro Economics: The theory of demand and supply and their elasticity’s. Market price determination competition in theory and practice. Indifference curve technique. Marginal analysis. Factors of production and production function. Scale of production – Internal and external economies and diseconomies. The short run and the long run. Fixed cost and variable cost. Macro Economics : National income analysis. Inflation and its effects. Savings, Investments. The basis of trade and the terms of trade. Monetary policy, Fiscal policy, Trade policy with reference to Bangladesh. Planning in Bangladesh.

    Books Recommended:

     

       
       
       
       

     

    LAW 105:    Government and Politics

                      3 Credits

     

    Fundamental concepts: State, sovereignty, law, liberty equality, justice, rights and duties ; individualism, socialism, communism, fascism, constitutionalism.

    Forms of Government: Ancient forms of Government, concept and forms of government in medieval age; concept and forms of modern Governments-cabinet and presidential – unitary and federal systems-democracy and authoritarian Governments; Present position of Monarchy and dictatorial governments. Islamic concepts of state and government.

    Organs of Government: The Legislature, executive and Judiciary – the doctrine of separation of powers-its application in U. S. A., U. K. and Bangladesh.

    The Electorate: The role of electorate in modern democracy-direct participation of people in policy making – referendum –universal adult suffrage – direct and indirect election.

    Political Party: The role of political party in democracy and in dictatorship; political party system in developed and under-developed country; Concept of failed state / fragile state / govt. Failure or success of democracy in developing countries of the world.

    Relationship between the economic structure of the State and its Government-reasons for failure of democracy in developing countries, status and justification of military Government.

     

     

    Books Recommended:

     

    David Spitz (ed.) : Political Theory and Social Change
    H Finer : Theory and Practice of Modern Government
    Harold J Laski : A Grammar of Politics
      : The State in Theory and Practice
    M Saidur Rahman : Law on Election in Bangladesh
    Morris Janowitz : The Military in the Political Development of New Nations
    Muh. Yeahia Akhtar : Election Corruption in Bangladesh
    R P Bhalla : Election in India
    W E Wilough by : Government of Modern State
      : The Constitution of the People’s Republic of Bangladesh
      : The Representation of the People’s Order of 1972

     

     

     

     

     

    LAW 107:    Law of Torts and Consumer Protection

                      3 Credits

     

    Law of Torts

    Definition and nature of tort: Conditions: Liability; absolute liability. Mens rea. Negligence, exemptions, immunities. Joint Wrongdoers. Vicarious liability –Devolution of right and liability. Trespass, dispossession, Nuisance. Injuries to servitudes. Conversion and other injuries to chattels, Injuries to person. Injuries to domestic relations. Defamation. Intimidation. Deceit and injurious false-hood. Liability for dangerous property. Wrongful process of law-wrongful confinement and malicious prosecution.

    Remedies in torts: specific restitution – injunction – damages.

     

    Consumer Protection

    Concept of Consumer & Consumer protection, Rationale for Consumer Protection, A brief history of consumerism;

    Important Legal Rights of Consumers with special reference to Bangladesh perspective

    Non-Legal Measures for consumer protection with special reference to Consumer Movement in Bangladesh

    Consumer Protection in different countries with special reference to India, USA, UK & Sweden

    Consumer Protection in Transactional Level

     

    Books Recommended:

    Ahameduzzaman : Law of Tort and Consumer Protection
    Avtar Singh : Law of Consumer Protection: Principles and Practice
    Durga Das Basu : The Law of Tort
    F Pollock : Torts
    Gurjeet Singh : The Law of Consumer Protection in India
    H Street : The Law of Torts
    Jhabvala : Law of Torts
    M J Anthony : Consumer Rights
      : Landmark Judgments on Consumer Protection
    Mizanur Rahman : Consumer Protection Law and the Swedish Approach
    P K Majumdar : Law of Consumer Protection in India
    P S Atchuthen Pillai : Law of Torts
    Ratanlal and Dhirajlal : Law of Torts
    R H Winfield : The Law of Torts
    R K Bangia : Law of Torts
    Salmond and Heuston : Law of Torts
    S James Philip : General Principle of the Law of Torts
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    LAW 109:    Muslim Law

                      3 Credits

    Pre-Islamic Arabian customs and their influence on Islamic Law-concept of law in Islamic Jurisprudence-meaning of Sharia; Sources of Muslim law

    Different schools of Muslim law and reasons for their development; Introduction and application of Muslim Law under British rule in India, subsequent legislative changes; Marriage –Dower-Divorce-Guardianship-Maintenance-Legitimacy and Paternity of a child- Gift (hiba)- Wakf-Preemption, Will, Muslim-Marz-ul-maut . Inheritance (Hanafi and Shia schools); Reform in the Islamic World.

     

    Statutes:

    1. The Regulation of 1780
    2. The Majority Act, 1875
    3. The Guardians and Wards Act, 1890
    4. The Musalman Wakf Validating Act, 1913
    5. The Succession Act, 1925
    6. The Child Marriage Restraint Act, 1929.
    7. The Shariat Application Act, 1937
    8. The Dissolution of Muslim Marriage Act, 1939
    9. The Muslim Family Laws Ordinance, 1961
    10. The Wakf Ordinance, 1962
    11. The Muslim Marriage and Divorce Registration Act,1974
    12. The Dowry Prohibition Act, 1980
    13. The Family Courts Ordinance, 1985

    Books Recommended:

    A.A. Fyzee : Outlines of Mohammedan Law
    Abdul Matin : The Muslim Personal Laws
    Ameer Ali : Mahommedan Law
    B.R. Verma : Mohammedan Law
      : Muslim Marriage and Dissolution
    Charles Hamilton (trans.) : The Heday
    David Pearl &  W. Menski : A Text Book on Muslim Law
    D.F Mullah : Principles of Mohammedan Law
    Dhaka Law Reports (DLR) : Hand Book of Muslim Family Laws
    Dhaka Law Reports : Muhammedan Law
    Dr. Tanzilur Rahman : A Code of Muslim Personal Law
    Dr. Tahir Mahmood : The Muslim Law of India
    F.B Tyabji : A Handbook on Muhammadan Law
    J.M.U. Anderson : Islamic Law in the Modern World
    J. Schacht : An Introduction to Islamic Law
    Khalid Rashid : Muslim Law
    Keith Hodkinson :Muslim Family Law: A Source Book
    N.B.S. Bailie : Digest of Muhammadan Law
    N.J. Coulson : A Survey of Islamic Law
      : History of Islamic Law
      : Succession in the Muslim Family
    R.K. Wallson : Anglo Muhammadan Law
    Shawkat Mahmood : Muslim Law
    Tahir Mahmud : Islamic Law Reform in the Muslim World
    Taslima Mansoor : From Partriarchy to Gender Equity: Family Law and Its Impact on Women in Bangladesh
    Vijay Malik : Muslim Law of Marriage, Divorce & Maintenance

     

     

     

    LAW 201:    Roman Law and Hindu Law          

                      3 Credits

     

    1. Roman Law
    2. Introduction: Importance of the study of Roman Law, development of Roman Law: history of Roman down to Justinian. Twelve Tables, codification and role of Justinian, Justinian’s Codification, sources of Roman Law, classification of Roman Law
    3. Law of Persons: freeman and slaves, patria potestas, dos, adoption and abrogation, guardianship and citizenship, nationality
    4. Law of Property: Res, possession, mode of acquisition and extinction of ownership, servitudes
    5. Law of Succession: universal succession and will, codicil, legacy, fideicommissum, intestate succession.
    6. Law of Obligations: obligation and contract; consensual contract and quasi contract; classification of contracts, delicit and roman equity.
    7. Law of Actions: development and classification of actions; civil & criminal procedures and limitations
    8. Judicial System during the Republican and the Imperial period – outlines of procedures.

    Books Recommended:

    E W  Lee : Elements of Roman Law
    Girard : History of Roman Law
    H.F. Jolowiez : Historical Introduction to Roman Law
    Lutful Kabir : Roman Law
    Nicholas Barry : An Introduction to Roman Law
    Puclkand and  McNair : Roman Law and Common Law
    R.W Lee : Elements of Roman Law
    Schulz : Principles of Roman Law
    T. Mackenzie : Studies in Roman Law
    W.A Hunter : Introduction to the study of Roman Law
    W.W Buckland : Manual of Roman Private Law
    W.W Buckland : Elementary Principles of the Roman Private Law

     

    B.     Hindu Law

    1. Nature of Hindu Law; Subjects of Hindu Law; Source of Hindu Law and its application; Historical Development of Hindu Law
    2. Schools of Hindu Law: Dayabhaga and Mitakshara, Their Fundamental Differences
    3. Marriage: Classification of marriages, consequences, rituals of marriage
    4. Maintenance; Adoption; Guardianship; Will; Gift
    5. Hindu joint family; Coparceners and Coparcenary Property; Powers, Rights, Role and Obligations of Karta of the Joint Family
    6. Law of Inheritance: General Principles of Inheritance; Order of Inheritance according to Mitakshara Law; Doctrine of Propinquity; Doctrine of Representation; Doctrine of spiritual Benefit; Classes of heirs, Shares and mode of distribution; Order of Inheritance according to the Dayabhaga Law; Point of Differences between Mitakshara and Dayabhaga Succession; Exclusion from Inheritance
    7. Stridhana and Women’s estate
    8. Religious and Charitable Endowments: Powers, functions, liabilities and position of Shebait and Mohanto
    9. Application of Hindu Law in Bangladesh & India: A Comparative Study

     

    Statutes:

    1. The Hindus Transfer and Benefits Act, 1914
    2. The Hindus Dispossession and Property Act, 1916
    3. Hindu Inheritance (Removal of Disabilities) Act, 1928
    4. Hindu Inheritance (Amendment) Act, 1929
    5. Indian Succession (Amendment) Act, 1929

    Books Recommended:

    B. M. Gandhi : The Hindu Law
    Bangladesh National Women Lawyers’ Association (BNWLA) : Hindu Family Law: An Action Study on Proposed Reform of Hindu Family Law
    D.F. Mullah : Principles of Hindu Law
    M.N. Srinivason : Principles of Hindu Law
    N.H Jhabvala : Principles of Hindu Law
    P.N. Chadha : Hindu Law
    Rabia Bhuiyan   :Legal Rights of Hindu Women in Marriage and Divorce
    S.V. Gupta : Hindu Law in British India
    S.K. Routh : Elements of Hindu Law
    Shawkat Mahmood : Hindu Law
    S. K. Rakshit : The Principle of Hindu Law
    Werner F. Menski : Hindu Law
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    LAW 203:    Constitutional Law of Bangladesh

                      4 Credits

     

    Introduction: definition, scope and nature of Constitution and Constitutional Law; concept of state; organs of government,, executive legislature, and judiciary

    Forms of Government: democracy, autocracy, unitary and federal systems, parliamentary and presidential form of government

    General theories & principles of constitution with particular reference on Rule of Law & Separation of Powers and Classification of constitutions

    Concept of Responsible Government and Ministerial Responsibility

    Constitutional Supremacy and Parliamentary Supremacy with particular reference on Martial Law Jurisprudence & Judicial Review

    Introduction to Bangladesh Constitution: Historical Background, The Proclamation of Independence, Basic Characteristics, Preamble and its implication

    Fundamental Principles of State Policy under the Constitution of Bangladesh and its justiciability

    Fundamental Rights under the Constitution of Bangladesh and its enforcement

    The Executive: The President-Election, status, Powers and Functions, Ordinance making power of the president, Impeachment

    The Prime Minister and the Cabinet, Non-Party Caretaker Government, Provisions relating to Local Government

    Parliament: Power and extent of Legislative Authority, Formation, Duration, Functions of parliament

    Qualification and disqualification of Members of Parliament, Vacation of Seats, Women Reservation Seats, Floor Crossing

    Speaker and Deputy Speaker, Law making procedure and financial procedure of parliament

    Ombudsman: Appointment, Rationality, Principles, Powers and Functions etc

    The Judiciary: composition, structure, jurisdiction and powers of Supreme Court, appointment of judges, independence of judiciary, Supreme Judicial Council, Writs and its Classification, judicial review, Office of the Attorney General

    Composition, powers and functions of the Election Commission, Public Service Commission

    Emergency provisions under Bangladesh Constitution

    Amendment procedure of Bangladesh Constitution, Glimpse on all amendments, 8th Amendment and Basic Structure Doctrine

    Office of Profit: Definition, nature, rationality

    Status of International Treaty under the Constitution of Bangladesh

    Statue:

    The Constitution of the People’s Republic of Bangladesh, 1972

    Books Recommended:

    A. K. Brohi : Fundamental Law of Pakistan
    Ali Ahmed : Theory and Practice of Bangladesh Constitution
    A. V. Diecy : Introduction to the Study on the Law of Constitution
    A. K. M. Shamsul Huda : The Constitution of Bangladesh
    A.S. Chaudhury : Law of Writs
    Bangladesh Legal Decisions (BLD) : Constitution 8th Amendment Case Judgment
    Dilara Choudhury :Constitutional Development in Bangladesh: Stresses and Strains
    F.K.M.A. Munim : Rights of the Citizens under the Constitution and Law
    Ivor Jennings : Law of the Constitution
    J.  Mustafa Kamal :  Bangladesh Constitution: Trends and Issues
    Justice Latifur Rahman : The Constitution of Bangladesh with Comments and Case-Laws
    Mahmudul Islam : Constitutional Law of Bangladesh
    Md. Abdul Halim : Constitution, Constitutional Law and Politics: Bangladesh Perspective
    O’Hood Phillips : Constitutional and Administrative Law
    S. M. Hasan Talukder: :History of Constitutional Development: Bangladesh Perspective
      : Independence of Judiciary in Bangladesh: Law and Practice

     

    LAW 205:    Law of Equity, Trust and Specific Relief Act          

                      3 Credits

     

    Law of Equity

    1. Common Law: Origin and Development of Equity
    2. Nature and Definition of Equity: Courts of Equity: Composition. Powers and Functions of the Courts of Equity. Application of Equity Jurisdiction in Bangladesh.
    3. Relation between Law and Equity : Equitable Estate and its Relation to Legal Estate
    4. Twelve Maxims of Equity; some important equitable doctrines
    5. Equitable Remedies: Specific Performance. Injunction and Receiver

    Trust

    1. Origin and Development of Trust
    2. Nature and Definition of Trust : Classification of Trust : Creation of Trust ; Three Certainties
    3. Trustee; Appointment, removal, Powers, Functions, Duties and Obligations of Trustee
    4. Beneficiary ; Rights and Liabilities of Beneficiary
    5. Breach of Trust and Remedies of Breach of Trust.

     

     

    Specific Relief Act, 1877

    1. Extent, Scope and Application of the Act
    2. Preliminary, Specific relief, how such relief is given
    3. Recovery of possession of property
    4. Specific performance of contract, Contracts which cannot be specifically enforced, persons for and against whom contract may be specifically enforced, discretion and power of the court.
    5. Rectification, rescission and cancellation of instrument
    6. Declaratory decree as specific relief, preventive relief
    7. Appointment of receiver
    8. Injunctions—perpetual, temporary, mandatory

    Statutes:

    1. Trust Act, 1882
    2. Specific Relief Act, 1877

     

    Books Recommended:

    Annand & Iyers : The Law of Specific Relief
    B. M. Gandhi : Equity, Trust and Specific Relief
    D. D. Basu : Equity, Trust and Specific Relief
    D. F. Mulla : Indian Limitation Act
    Dhaka Law Reports (DLR) : The Specific Relief Act
      : Limitation Act, 1908
      : Law on Injunction
    Elmer Donan (ed.) : Equity and Trust Textbook
    E. W. Maitland : Equity
    G. W. Keeton : An Introduction to Equity
    G. W. Keeton and L.A. Sheridan : The Law of Trusts
    H. G. Hanbury : Modern Equity
    N. D. Basu : Law of Injunction
    O. P. Agarwal : Law of Specific Relief in India and Pakistan
    R. G. Chaturvedi : Treaties on Injunctions
    R. S. Akbar Khan : The Specific Relief Act
    S. C. Banerjee : Law of Specific Relief
    Sarder Iqbal Khan : Law of Trusts
    S. Aiyar & Krishnamurthi : Principles and Digest of Trust Laws with Wakf Laws and Model Deeds
    Shaukat Mahmood : The Specific Relief Act
    Siddiqur Rahman Miah : Law of Injunction
      : Condonation of Delay
    Sir A. Underhill : Law of Trusts
    Snell : Principles of Equity
    S. Sarker : Specific Relief Act

     

     

     

    LAW 207:    Law of Contract

                      3 Credits

    1. Introduction: definition of contract, kinds of contracts, essentials of valid contract
    2. Communication, acceptance, revocation of proposals and consideration
    3. Capacity to contract
    4. Free consent to contract
    5. Consequences of coercion, undue influence, fraud, misrepresentation and mistake
    6. Void and Voidable agreements
    7. Performance of contracts and Frustration of Contract
    8. Remedies for breach of contract
    9. Quasi contracts
    1. Contingent contracts and wagering Contract
    2. Contracts of indemnity
    3. Contracts of guarantee
    4. Contracts of bailment
    5. Contracts of agency

    Statute: The Contract Act, 1872

    Books Recommended:

     

    Abdul Wahid Chaudhury : Laws Relating to Agreement
    Anson : Law of Contract
    A G Mitra : Law of Contract
    Avtar Singh : An Introduction to the Law of Contract
    Cheshire et al : Law of Contract
    Catharine MacMillan : Elements of the Contract
    DLR : Law of Contract
    D F Mullah : Indian Contract Act
    J Pole : Text Book on Contract Law
    Muhammad Ekramul Haque : Law of Contract
    P S Atiyah : An Introduction to the Law of Contract
    Shawkat Mahmud : The Contract Act
    W T Major : Cases in Contract Law
    G we wmwÏK : Pzw³ AvBb

     

     

     

     

    LAW 209:    Labour Laws of Bangladesh

                      4 Credits

     

    Contents:

    1. Importance of labour and industrial legislation
    2. General principles of labour and industrial laws
    3. Development of labour and industrial laws during British, Pakistani and Bangladeshi period prior to the codification of 2006
    4. Need for Codification and its accomplishment in the shape of the Bangladesh Labour Act, 2006
    5. Definitions
    6. Employment and conditions of employment: Conditions of employment, classification of workers, appointment letter and identity card, service record, register of workers and its contents, leave procedure, stoppage, closure, lock-out, lay-off, death benefit, retrenchment, discharge, misconduct and its punishment, procedure for punishment, termination by employer, termination by worker, retirement of worker, provident fund, eviction from residence, grievance procedure
    7. Employment of young workers: Prohibition of employment of children and adolescents, fitness certificate, medical examination, employment of adolescents in hazardous tasks, working-hours of adolescents, exemptions
    8. Maternity benefits: Prohibition of employment of women workers in certain cases due to maternity, right to receive maternity benefits and liability to pay, amount of such benefits, amount of benefits in case of death of women worker
    9. Health and Hygiene: Cleanliness, ventilation and temperature, dust and fume, disposal of wastes, artificial humidification, overcrowding, lighting, drinking water, dustbins and spittoons
    10. Safety: Safety of building and machinery, precautions against fire, dangerous fumes, explosive, inflammable dust, gas etc., precautions as to machinery, precautions as to cranes and other lifting machineries, precautions as to floors, stairs, means of access, pits, sumps, opening in floors etc.
    11. Special provisions as to health, hygiene and safety: Dangerous operations, notice of accidents, notice of diseases, enquiry, taking of samples
    12. Welfare: First-aid appliances, safety record book, washing facilities, canteen, shelters, children room, introduction of mandatory group insurance
    13. Working hours and leaves: Daily working hours, intervals for rest or meal, weekly working hours, weekly holiday, spread over, night shift, overtime, further restrictions on women’s working hours, notice of periods of work, special provisions as to shops, casual leave, sick leave, annual leave with wages, festival holidays, calculation and payment of wages for leave
    14. Wages and its payment: Definition of wages, responsibility for payment of wages, fixation of wage-periods, time of payment of wages, authorized deductions from wages, unauthorized deductions from wages, relief in the case of unauthorized deductions
    15. Wage Board: Establishment of Minimum Wage Board, recommendation of minimum wages for certain categories of workers, special provisions for newspaper workers
    16. Compensation for accidental injuries: Employers liability to pay compensation, amount of compensation, calculation of wages, distribution of compensation, notice and claim, medical examination, resolution of certain disputes by labour court, appeal
    17. Trade unions and industrial relations: Extraordinary definition of worker, trade unions of employers and workers, registration, certificate of registration, cancellation of registration, incorporation of registered trade unions, unfair labour practices on the part of the employers and workers, indemnity from certain legal proceedings, registration of trade union federations, submission of returns, collective bargaining agent, participation committee
    18. Dispute resolution, Labour Court, Labour Appellate Tribunal, legal procedure etc.: Raising of industrial disputes, resolution of industrial disputes, strike and lock-out, cessation of industrial disputes, Labour Court, jurisdiction and procedure of Labour Court and Labour Appellate Tribunal, illegal strike or lock-out
    19. Workers participation in company’s turnover: Applicability of the chapter, participation fund, welfare fund, management of these funds, investment and allocation of participation fund
    20. Provident fund
    21. Offences, penalties and procedure: Penalties and procedures in case of breach of different provisions of the Act.
    22. Labour policy of the Bangladesh Government

     

    Statute:

    The Bangladesh Labour Act, 2006 (Bangladesh Srama Ain, 2006)

     

    Books Recommended:

    A. A  Khan : Labour and Industrial Law
    A.K.M. Mohsinuddin Chowdhury : Labour and Industrial Laws of Bangladesh
    Bangladesh Legal Aid and Services Trust (BLAST) : Lacunae in Labour Laws: Towards Timely Disposal of Labour Cases
    Citrine : Trade Union Law
    Copper : Outlines of Industrial Law
    Dhaka Law Reports (DLR) : Bangladesh Labour Code
    D. S. Chopra : Industrial and Labour Law
    Flanders and Clegg : The System of Industrial Relations in Great Britain
    Happy and O. Higging : Industrial Employment Law
    Iqbal Ahmed : Basic Labour Laws of Bangladesh
    K. D. Srivastava : Industrial Employment
    Md. Abdul Halim : Text Book on Labour and Industrial Law
      : The Manual of Labour and Industrial Laws
    M. Shafi : Industrial Disputes – Ordinance and Rules with Commentary
      : East Pakistan Labour Code
    M. G. Saadullah Mumtaz : Digest on Labour Cases
    N. D. Kapoor : Labour and Industrial Law
    Nirmalendu Dhar : Labour and Industrial Laws in Bangladesh
    Pakistan Legal Decisions (P.L.D) : Pakistan Labour Code
    Rajani K. Das : Principles and Problems of Indian  Labour Legislation
    S. Khan : Commercial and Industrial Law
    S. M. Chaturvedi : Labour and Industrial Law
    V. G. Goswami : Labour and Industrial Laws

     

    LAW 211:    Constitutional Law of U K and U S A

                      3 Credits

     

    1. Constitutional Law of UK.

    Fundamental Concepts-State and Society, State and Government, The Constitution of a State, Kinds of Constitution, Constitutional law. The Constitution of England- Two main rules of English Constitutional Law, Sources, democratic principles and main characteristics of English Constitutional Law. The European union Law and parliamentary sovereignty. The Sovereignty of Parliament Constitutional position of the King, Judicial proceedings against the Crown. House of Lords and House of Commons, Procedure of passing various Bills. The Principles of Cabinet Government in England. Rule of Law, The Human Rights Act 1998. Droit Administration Conventions of the Constitutions Fundamental Rights, The Doctrine of Separation of Powers, The Problem of Federalism.

     

    1. Constitutional Law of USA:

    Introductory-Courts decision, Presidential Actions, Salient features of Constitution ,Federal power, State power, Preservation of balance, Judicial supremacy etc. The philosophy of the Constitution

    The Legislative Branch- Powers and Function of Congress, House of Representatives, The Senate etc. The Executive Branch-Nomination, Powers and Functions of the President etc. The Judicial Branch-Supreme Court of USA, Lower Federal Courts, Territorial Courts. Relation of States to each other. Amendments of the Constitution Ratifying the Constitution

    List of leading cases concerning this course will be discussed by the teacher concerned.

    Books Recommended:

    Abdul Halim : The Modern British Constitution: Theory and Practice
    A.C. Kapur : Select Constitutions
    A. V. Diecy : Introduction to the Study on the Law of Constitution
    B. F. Wright : The Growth of American Constitutional Law
    D. C. M. Yardley : Introduction to British Constitutional Law
    Ivor Jennings : Law of the Constitution
    J.W. Garner : Government of the United States
    M.A.Malik : The Modern Constitution
    K.C Wheare : Constitutional and Administrative Law
    O’Hood Phillips : Outlines of the Constitution of the United States of America
    Md. Rezaul Karim : Constitutional Law of UK & USA
    V.D. Mahajan : Select Modern Government
    Walter Bagehot : The English Constitution
    W.S. Munro : Government of United States
    W. W. Willoughby : Constitutional Law of the United States

     

     

    LAW 213:    Land Laws of Bangladesh

                      4 Credits

    History of Land Laws: Grant of Dewani—The Bengal Zamindars, their growth and incidents, Law relating to permanent Settlement- its critical analysis

    Revenue Law: Law relating to revenue-free lands – Patni taluks-their incidents. Law relating to sale of tenures for arrears of revenue-short history of the law ; sale notification, notice, appeals regarding sale-setting aside of sale-powers of the Civil courts.

     

    Law relating to Alluvion and Diluvion.

     

    Law Relating to Landlords and Tenants: Short history of Tenancy Laws-extent and application- classes of tenants. Sale for arrears-setting aside sale.

    State Acquisition and Tenancy Act : Definition, Acquisition of the interest of a rent-receiver and consequences thereof; — Preparation of Record of Rights– assessment of compensation ; Provisions relating to arrears of revenue, rent and fees; Incidents holdings of raiyats,– transfer, purchase and acquisition of lands : provisions as to enhancement and reduction of rent— amalgamation, sub-division and consolidation of holdings : Maintenance of the record of rights ; Jurisdiction – appeal, Revision and Review.

     

    Law relating to Non-agricultural Tenancy: Definitions, classes of non-agricultural tenants-tenancies held by a non-agricultural tenant ; Incidents of non-agricultural tenancies-under-tenants ; provisions as to transfer of non-agricultural lands – Judicial procedure.

     

    Statutes:

    1. The Non Agricultural Tenancy Act 1949
    2. The Non Agricultural Tenancy Rules 1950
    3. The State Acquisition and Tenancy Act 1950
    4. The State Acquisition and Tenancy Rules 1951
    5. Land Limitation Order & Rules 1972
    6. Land Development Tax Ordinance & Rules 1976
    7. Land Reform Ordinance & Rules 1984

     

    Books Recommended:

     

    Abdul Malek : Law of Khatian
    Abdul Matin : Law on Pre-emption
    B. L. Bhowmik : Law on Pre-emption
    D. C. Bhattacharya : Enemy (Vested) Property Laws in Bangladesh
    Dhaka Law Reports (DLR) : The Easements Act
      : Acquisition and Requisition of Immovable Property Manual
      : Non Agricultural Tenancy Act
    Hamid Ashraf : Land Laws of East Pakistan
    L. Kabir : Land Laws of Bangladesh
    M. Ansar Uddin Sikdar : Land Laws and Land Administration Manual
    M. Hossain :East Bengal Non-Agricultural Tenancy Act, 1949
    Ministry of Land : Land Administration Manual
    M. I. Faroqui :Law of Abandoned Property
    Mridulkanti Rakshit : Laws on Pre-emption in Bangladesh
    Md. Mahbubur Rahman : Acquisition and Requisition of Immovable Property Manual
    Mridulkanti Rakshit : The Land Laws of East Pakistan
    Professor A. A. Khan : Land Laws of Bangladesh
    T. Hussain : Land Rights in Bangladesh

     

     

    LAW 215:    Law of Transfer of Property

                       3 Credits

    Definition, object and extent of applicability. Transfer of property inter vivos, Classification of Property General rules governing the transfer of movable and immovable property. Transfer of property. What cannot be transferred. Valid and invalid conditions and limitations on transfer. Transfer to unborn person. Vested interest and contingent interest. Condition precedent and condition subsequent Election. Apportionment. General rules governing transfer of immovable property. Transfer by person authorized only under certain circumstances to transfer. Burden of obligation imposing restrictions of the uses of land or annexed to ownership. Transfer by ostensible owner. Transfers by unauthorized person who subsequently acquires interest. Transfer by co-owners of share in common property – priority of rights created by transfers. Rent bona fide paid to holder under defective title. Improvements made by holder under defective title. Lis pendens, Fraudulent Transfer. Part performance- Sales of immovable property. Mortgages of immovable property. Charges. Lease of immovable property. Exchange. Gift. Transfer of actionable claim.

     

    Statutes:

    Transfer of Property Act, 1882

    General Clauses Act, 1897

    Books Recommended:

    Abdul Matin : Law of Transfer of Property
    B. B. Mitra : Transfer of Property Act
    D. F. Mulla : Transfer of Property Act
    Dhaka Law Reports (DLR) : Transfer of Property Act
    G. P. Tripathi : The Transfer of Property Act
    Kazi Abdul Aziz : Law of Transfer of Property
    Muhammad Akbar Awan & Ehsanullah Khan Lilla : The Transfer of Property Act, 1882
    N. H. Jhabvala : Law of Transfer of Property
    Rashbehary Ghosh : The Law of Mortgage in India
    Shaukat Mahmood : Transfer of Property Act
    S. N. Shukla : Transfer of Property
    Vepa P. Sarathi : Law of Transfer of Property

     

     

     

    LAW 217:    Public International Law

                      4 Credits

    1. International Law — Definition, Nature, Characteristics, Scope and Utility
    2. Origin and Development of International Law
    3. Relation between International Law and Municipal Law, Application of International Law in State Territories –practice as to such application in different states.
    4. Sources of International Law
    5. Recognition of States: Recognition of States and Governments. Recognition de jure and de facto, Legal effects of Recognition.
    6. State Responsibility under International Law.
    7. State Succession.
    8. Law of Treaties; – nature and functions of Treaties, parties to Treaties, conclusion and entry into force of Treaties, interpretation of Treaties;
    9. Diplomatic and consular law – functions of diplomatic missions, diplomatic privileges and immunities;
    10. Concept of laws and customs of war, Neutrality, Extradition, Asylum
    11. Pacific settlement of International disputes;
    12. Law of the sea – Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ) Continental Shelf, Freedom of the high seas, Concept of common heritage of mankind (deep sea bed – ocean floor, sub – soil thereof, and resources).
    13. Law of the Rivers.
    14. International Organization: History, establishment of League of Nations, UNO, Organs of UNO specially ICJ

     

     

    Books Recommended:

     

    A. Pearce Higgins & C.J. Colombos : The International Law of the Sea
    Briggs : The Law of Nations
    Fenwick : International Law
    Green : International Law Through the Cases
    Gurdip Singh : International Law
    H. Lautherpacht (ed.) : Oppenheim’s International Law, A Treatise
    Harun Rashid : International Law
    Ian Brownlie : Principles of Public International Law
    John Basset Moore : A Digest of International Law
    J.G. Starke : An Introduction to International Law
    J. H. Brierly : The Law of Nations
    John Strawson : Public International Law
    M. Habibur Rahman : Delimitation of Maritime Boundaries
    Malcom. N. Shaw : International Law
    Muhammad Jamiruddin Sircar : Glimpses of International Law
    Michawl Akehurst : A Modern Introduction to International Law
    M.P.Tandon : Public international Law
    Mark W. Janis : An Introduction to International Law
    Rosalyn Higgins : International Law and How We Use It: Problems and Process
    Schwarzenberger : International Law as Applied by International courts and Tribunals
    S.K.Kapoor : International law and Human Rights
    To Ellas : New Horizon in International Law
    William W Bishop : International Law, Cases and Materials
    Werner Levi : Contemporary International Law

     

     

    LAW 219:    Fiscal Laws of Bangladesh

                      3 Credits

    Definition—Different types of Assesses—Status &Liabilities of Assesses Income, Exemptions and other Concessions—Determination of total Income and Taxable Income—Different Heads of Income—Income tax authorities—Appeals, revisions –Provident funds—Advanced payment of tax—Deduction of tax at Source—Assessment procedure, Re-assessment, Assessment of Individuals and Firms—Tax holding –Penalties for recoveries—Gift Tax Act— Definition of Asset –VAT (Value Added Tax): Meaning of VAT, Feathers of VAT, Types of Taxable Value of VAT, Taxable Goods and Services. Exemptions, Responsibilities as a Tax payer under VAT, Accounting and Books to are Maintained Compulsorily, Tax Collection and Payment application of VAT. Offences and penalties, appeal, Draw Back for Imported Goods, Effect of VAT

     

    Statutes:

    1. Income Tax Ordinance, 1984
    2. Government of Bangladesh : Income Tax Manual Part- I
    3. Government of Bangladesh : Income Tax Manual Part- II
    4. Income Tax Rules 1984
    5. Government of Bangladesh : Finance Act/ Ordinance
    6. Gift Tax Act 1990
    7. Government of Bangladesh : Value Added Tax

    List of leading cases concerning this course will be discussed by the teacher concerned.

    Books Recommended:

    Abu Amjad : Income Tax Manual (English & Bengali)
    Dhaka Metropolitan Chamber of Commerce and Industry : Study Manual of Taxation
    ICMA : summery of Taxation Rules in Bangladesh
    A.N. Aiyer : Income Tax Pleadings, Practice & Procedure
    Khawja Amjad Syed : Income Tax (Law and Practice)
    Naqui SM Raza : Law of Gift Tax
    Nurunnabi, M : Income Tax (Law and Practice)
    Sampat Iyenger : Law of Income Tax

     

    LAW 301:    Law of Crimes

                      4 Credits

     

    Introduction: definition of crime, origin and development of Hindu and Muslim Criminal Jurisprudence, Introduction of penal code in 1860, development of criminal law in Indian sub-continent, Actus reus, mental elements of crimes, intention, motive, mens rea, knowledge, innocence, mistake of fact, mistake of law- General terms and explanations – Punishments -General exceptions from criminal liability: mistake of fact, accident, judicial acts, absence of criminal intention, consent and private defence  – Abetment  – Criminal Conspiracy  -Offences against the state  -Offences against public tranquility – Offences by or relating to public servants- False evidence & offences against public justice  – Offences relating to coin and Government stamps – Offence relating to weight and measures – Offence relating to public health and Safety, Convenience, decency  and moral – Offences relating to religion  – Offences affecting the human body  – Attempt to commit offences  – Offences against property  – Offence relating to Documents: Trade and Property Marks, Currency and Bank Notes, Criminal Breach of Contract of Service – Offences relating to marriage  – Defamation  – Criminal intimidation, insult and annoyance – Offences affecting the human body – Offences under the special laws

    Statutes:

    1. Penal Code, 1860
    2. The Special Powers Act, 1974
    3. The Arms Act, 1878
    4. The Explosives Act, 1884
    5. The Explosive Substances Act, 1908
    6. Nari-O-Shisu Nirjatan Daman Ain, 2000
    7. The Dowry Prohibition Act, 1980
    8. Acid Oporadh Daman Ain, 2002
    9. The Prevention of Corruption Act, 1947
    10. The Criminal Law Amendment Act, 1958
    11. The Anti Corruption Act, 1957
    12. The Anti Corruption Commission Act, 2004
    13. The Narcotics Act, 1990

    List of leading cases concerning this course will be discussed by the teacher concerned.

    Books Recommended:

    Abdul Matin : The Anti-Corruption Laws of Bangladesh
    Abdul Matin : The Penal Code
    Ansaruddin Sikder : Law of Crimes
    A.N.M. Khaled Chowdhury : Law on Corruption
    Dhaka Law Reports (DLR) : The Penal Code, 1860
      : Special Powers Act
    H.S. Gour : The Penal Code
    Khondaker Md. Abu Bakar : The Anti-Corruption Laws
    L. Kabir : Lectures on Penal Code with leading cases
    Mainstream Law Reports (MLR) : Law of Arms and Explosives
    Md. Jahangir : Law on Explosive Substances Act and Arms Act
    Muhammad Mahbubur Rahman : Nari-O-Shishu Nirjatan Daman Ain
    Ratanlal & Dhirajlal : The Indian Penal Code
    Shaukat Mamood : Pakistan Penal Code
    Zahirul Huq : The Penal Code

     

    LAW 303:    Company Law, Banking and Artha Rin Adalat Ain

                      4 Credits

    Company Law

    History of Company Law; Birth of Company; Promoters; Registration and incorporation; Kinds of companies and other Trading Bodies – Definition of company, Characteristic of a company, nature of corporate entity, lifting corporate veil- Memorandum of Association- meaning, clauses, doctrine of ultra vires, Effects of ultra vires transaction – Article of association-contents of articles, alteration of articles, doctrine of indoor management-its scope and application – Prospectus-definition, contents, statements in lieu of prospectus, remedies for misrepresentation – Share allotment, share certificate, transfer of share, allotment of shares, calls on shares, forfeiture of shares, lien on shares – Share holders and members-definition, liability of members. Rights of Minority shareholders – Share Capital- kinds, alteration – Directors- appointments, qualification, removal, power and duties, remuneration. Managing Agents, Rights and Powers – Meetings, classification, notice – Dividends-accounts and audits. Debenture-classification – Winding up-types of winding up of Company – Capital Market Regulatory Laws

     

    Banking Law

    Introduction, Meaning of Banking, Origin of Banking Legislation, Historical Background of Banking Institutions in Bangladesh, Structure of Commercial Banking System, Relation of Bankers and Customers, Clearing House, Loan, Advance and Guarantee – Kinds of Banks: Existing Banks, – Local and Foreign Banks – Activities of Krishi Bank, Grameen Bank, Islamic bank, Bangladesh Shilpa Bank, Cooperative Banking, Rural and Islamic Banking; Banking Companies and Financial  Institutions Laws; Licensing – Central Bank- Bangladesh Bank, Power and Functions; Inspection, Control and Direction to Commercial Banks, Restriction on Loans and Advances, Vacation of Offices of Directors, Powers of Bangladesh Bank to remove Directors and Supersede the Board of Directors, Acquisition of Banking Companies, Stringent penalty – Non  Banking Financial Intuitions- Artha Rin Adalat Ain: establishment of Artha Rin Adalat, powers and jurisdiction of adalat, institution of suit, procedure of adalat, alternative dispute resolution, appeal and revision.

     

     

    Artha Rin Adalat Ain

    Objectives of the Artha Rin Adalat Ain 2003- Establishment of Artha Rin Adalat- Power and jurisdiction of Artha Rin Adalat- Institution of suit- Practice and Procedure of Artha Rin Adalat- Alternative Dispute Resolution – Execution- Appeal and Rivision.

    Statute:

    1. The Companies Act, 1994
    2. Artha Rin Adalat Ain, 2003
    3. Foreign Exchange Regulation Act, 1947
    4. Negotiable Instruments Act, 1881
    5. Banking Companies Act, 1991
    6. The Artha Rin Adalat Ain, 2003

    List of leading cases concerning this course will be discussed by the teacher concerned.

    Books Recommended:

    Abul Bashar Bhuiyan : Bangladesh Law on Banks and Banking
    Ashok K. Bagrial : Company Law
    Avtar Singh : Company Law
    Charlesworth : Company Law
    Dr. M. Zahir : Company and Securities Laws
    H. Rajak : Sourcebook of Company Law
    K. C. Sherkar : The Principle of Banking Law
    L.C.B. Gower : The Principles of Modern Company
    M. M. Ali : Company Act, 1994
    Nirmalendu Dhar : Company Law
    Nirmalandu Dhar : Company Law &Partnership Law
    Palmer : Company Law
    P. Lipton & A. Herzberg : Understanding Company Law
    Ramaiya : Company law
    Shaukat Mahmood : Company Law
    S A A Shakoor : A Hand Book of Bank Management
    Security Exchange Commission : Security and Exchange Law
    Topham : Company Law

     

     

     

    LAW 305:    Mercantile Law 

                      3 Credits

     

    Law of Sale of Goods

    Introduction: object and scope of the Sale of Goods Act, 1930, definitions – Formation of the Contract – Condition and warranties – Effects of the contract, caveat emptor – Transfer of Property – Hire purchase- Performance of the contract  – Rights of unpaid seller – Suit for breach of the contract

    Law of Carriage of Goods

    Carriage by Land: Classification and Characteristics of Carrier, Common Carrier and Private Carrier, Rights, Duties and Liabilities of a Common Carrier. Railway as a Carrier, Its Rights, Duties and Liabilities

    Carriage by Sea: The Contract of Affreightment, Charter Party and Bill of Landing, Duties and Liabilities of a Carrier by Sea

    Carriage by Air: International Carriage by Air, Warsaw Convention and Hague Protocol; Rules Relating to Liability and Quality of Damages, Internal Carriage by Air

    Law of Negotiable Instruments

    Essential Features of Negotiable Instruments. Promissory Notes, Bill of Exchange, Cheques, Kinds of Cheque, Holder in due Course. Negotiation and Endorsement. Defective Title. Liability of the Parties. Dishonor of Negotiable Instruments

    Law of Insurance

    Contract of Insurance, Good Faith, Indemnity, Insurable Interest, Risk, Causa Proxima, Premium, Contribution and Subrogation, Mitigation of Loss, Types of Insurance, Double Insurance, Re-insurance. Life Insurance and Types of Life Insurance, Difference between Life and Property Insurance. Assignment, Nomination, Payment of Claims, Effects of Suicide. Requisites of a Marine Insurance, Voyage and Duration. Fire Insurance. Types of fire Policies. Insurance against personal Accident

    Law of Bankruptcy

    History and objectives of Bankruptcy Act of 1997- Grounds of adjudging bankruptcy- Act of Bankruptcy –  Plaint and Adjudication – Discharge and Un-discharged –Bankrupts – Disqualification of Un-discharged Bankrupt.- Bankruptcy Court- Order of adjudication- Duties of the debtor- Effect of order of adjudication- Interim proceedings upon adjudication- Appeal, Review- Administration of property- Offences and penalties.

    Law of Partnership

    Essentials Elements of Partnership – Registration of the Firm – Liabilities of the Partner and Outsider – Difference between Partnership Firm and Company and joint Hindu family – Relations of partners to one another – Relations of partners to third parties – Incoming and outgoing partners- Dissolution of an Firm and Consequences –

    Law of Arbitration

    Elements of Arbitration – Types of Arbitration – Statutory Arbitration – Appointment of Arbitrators. Arbitration Agreement – Revocation of Authority. Removal of Arbitrators. Powers of Arbitrator. The Powers of the Arbitral Tribunal – Enforcement of Arbitral Award.

     

    Statutes:

    1. The Sale of Goods Act, 1930
    2. The Railway Act, 1890
    3. The Bills of Lading Act, 1856
    4. The Motor Vehicles Act, 1939
    5. The Carrier Act, 1865
    6. The Carriage of Goods by Sea Act, 1925
    7. The Carriage by Air, 1934
    8. The Negotiable Instrument Act 1881
    9. The Insurance Act, 2010
    10. The Marine Insurance Act, 1908
    11. The Bankruptcy Act, 1997
    12. The Partnership Act, 1932
    13. The Arbitration Act, 2000

    Books Recommended:

    A K Sing : Commercial and Industrial Law
    Avtar Singh : Principles of the Law of Sale of Goods and Hire Purchase
      : Mercantile Law
      : Principles of Mercantile Law
    Charlesworth : Business Law
    Dhaka Law Reports (DLR) : Sale of Goods Act, 1930
    D.F. Mulla : The Law of Sale of Goods & the Partnership Act
    Jain and Jain : Mercantile Law
    K B Abbas : The Negotiable Instrument Act
    M C Shukla : Mercantile and Industrial Law
    M.C. Kuchhal : Mercantile Law
    N D Kapoor : Business Law
    P.P.S. Gogna : A Text Book of Mercantile Law
    Sen and Mitra : Commercial Law
    S. K. Das Gupta : Mercantile Law

     

     

    LAW 307:    Local Governance and Administrative Law 

                      3 Credits

     

    Local Governance

    Decentralization of Administration- Aims and objectives of Decentralization – Advantages and Disadvantages of Decentralization – Classification of Decentralization – Growth and evolution of local and local self Government in Bangladesh

    Administrative Law

    Meaning, nature, importance, sources and development of administrative law- Rule of Law, Separation of powers and Administrative Law – Legislative powers of administration – Delegated legislation, limits of delegated legislation, control of the legislative powers of the administration – Judicial powers of the administration: administrative tribunals and administrative adjudication, powers of investigation & inquiry; control of judicial powers of the administration; Administrative Tribunal and Administrative Appellate Tribunal in Bangladesh – Judicial review of Administrative discretions, Administrative and Discriminatory Power, Its limits , Doctrine of Ultra Vires – Judiciary and Legislative Control of Administrative Actions, Various kinds of Writs and Public Interest litigation, Ombudsman – Doctrine of Legitimate Expectation – Natural Justice- Concept and its principle- Due process of Law – Liabilities  of Government and proceeding against Government – Public Corporation, Characteristic, Classification and functions, Status, Rights and Liabilities of Public Corporation, Control Mechanism – Separation of Judiciary from the Executive: Bangladesh Perspective

    Books Recommended:

    A.S. Chaudhury :  Law of Writs
    C.K. Thakker : Administrative Law
    C K Takwani : Lectures on Administrative Law
    D.D. Basu : Administrative Law
    Griffith & Street : Principles of Administrative Law
    F.G. Ferris : The Law of Extraordinary Legal Remedies
    F. K. M. A. Munim : Legal Aspects of Martial Law
    H.W.R. Wade : Administrative Law
    I.P. Massey : Administrative Law
    J.E. Garner : Administrative Law
    John Alder : General Principles of Constitutional and Administrative Law
    Justice Amin Ahmed : Judicial Review of Administrative Actions in Pakistan
    Kamal Siddique : Local Government in Bangladesh
    M.A. Fazal : Judicial Control of Administrative Action in India, Pakistan and Bangladesh
    M. Farani : Law of Writ Procedure
    M.P. Jain : Treaties on Administrative Law
    Naim Ahmed : Public Interest Litigation: Constitutional Issues and Remedies
    Neil Hawke : An Introduction to Administrative Law
    Sir Ivor Jennings : Law and the Constitution
    S. M. Haider : Judicial Review of Administrative Discretion in Pakistan
    S. M. Ray : Judicial Review and Fundamental Rights
    S. M. Hassan Talukder : Development of Administrative Law in Bangladesh: Outcomes and Prospects
    Sara Hossain, Sahdeen Malik and Bushra Musa (ed.) : Public Interest Litigation in South Asia: Rights in Search of Remedies
    U.P.D. Kesari : Lectures on Administrative Law
    Vidya Dhar Mahjan : Select Modern Governments
    W. Gellhorn : Ombudsman and Others

     

     

     

    LAW 309:    Laws relating to the Protection of Women and Children

                      3 Credits

    Course content:

    Women labour in various sectors of Bangladesh and their rights in the work places – Violation of women rights in various sectors of Bangladesh- reasons of the violation and legal protection in those sectors- Women Trafficking- Children trafficking-  Prostitution- Brothel -Abduction of Women and Children- Unlawful confinement of Women and children for Ransom – Rape and rape killing – Attempt to suicide of women- Dowry death- Organ imputation of children -Media and women-children-Reporting on the case of women and children torture, Inquiry, Investigation, Adjudication of cases – Trial procedure -Expert evidence-chemical Examination-Medical Report-Forensic report -Witness –Tribunals-  Special court-accountability- Appeal System-Secure custody.

    Statutes:

    1. The Children Act, 1974
    2. The Dowry Prohibition Act, 1980
    3. The Law against Acid Violence.
    4. Nari – O – Shishu Nirjaton Damon (Amendment) Ain. 2003
    5. CEDAW

    Books Recommended:

     

    Md. Ibrahim Sarkar Nari O Shishu Nirjatan Daman Ain 2000
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    LAW 311:    The Law of Criminal Procedure

                      4 Credits

    Introduction: historical background of the Code of Criminal Procedure, 1898, scope and extent of its application, general expressions – Definitions – Constitution of Criminal Courts – Jurisdiction and power of criminal courts – Aid and information to the Magistrates, the police and persons making arrests – Arrest generally, arrest without warrant – Process to compel appearance: Summons. Warrant of arrest, proclamation and attachment, other rules regarding processes – Summons to produce search warrant, general provisions relating to searches – Security for keeping the peace and for good behavior – Unlawful assemblies – Public nuisances, temporary orders in urgent cases of nuisance or apprehended danger – Dispute as to immoveable properties – Preventive action of the police – Information, investigation and inquiry, place of inquiry or trial – Complaint to Magistrate – Commencement of proceedings before Magistrate – Framing of charge – General provisions as to inquiries and trials – trial by Magistrates – Summary trials – trial by Courts of secessions – Judgment – Submission of sentences for confirmation – Executions, suspensions, remissions and computations of sentence, previous acquittal or conviction -Appeal, Reference and Revision – Proceedings in case of certain offences affecting the administration of justice – Public prosecutor – Bail – commission for examination of witnesses – special rules of evidence – provisions as to bands – disposal of property under custody – Transfer of criminal cases – Irregular proceedings – Miscellaneous

    Statute:

    The Code of Criminal Procedure, 1898

     

    Books Recommended:

     

    Abdul Matin : The Code of Criminal Procedure with Criminal Rules and Orders
    Ansaruddin Sikder : The Code of Criminal Procedure
    Bangladesh Law Times : BLT’s Reference on Code of Criminal Procedure
    B. B. Mitra : The Code of Criminal Procedure
    Dhaka Law Reports : Special Powers Act
      : Law on Bail
    J. N. Mallik : Ganguly’s Criminal Court Practice & Procedure
    Mahendra Singh Adil : A Guide to FIR
    Md. Zahurul Islam : The Code of Criminal Procedure
    M. M. Hassan Nizami : The Code of Criminal Procedure
    Muhammad Mahbubur Rahman : Nari-O-Shishu Nirjatan Daman Ain

     

    Muhammad Sohul Hossain : Cr. P. C. Today
    Ratanlal & Dhirajlal : The Code of Criminal Procedure
    Sarkar Ali Akkas : Law of Criminal Procedure
    S. C. Sarkar : The Law of Criminal Procedure
    Shawkat Mahmud : The Code of Criminal Procedure
    Siddiqur Rahman Miah : Commentary on Criminal Rules and Orders
      : FIR, Arrest, Search, Seizure, Recovery and Investigation
    Zahurul Haq : Law and Practice of Criminal Procedure

     

    LAW 313:    The  Law of Civil Procedure

                      4 Credits

    Procedural and Substantive law – Definition and organization of Civil Courts in Bangladesh –  Jurisdiction of the Courts, – stay of suits – res-judicata – res sub judice – Suit by and against Government, Inherent power of court –  Place of suing, and proceedings – Parties to suits, mis joinder and non joinder of parties –  Framing of suits, joinder of causes of action –  Recognised agents and advocates –  Issue and Service of summons – Pleading ,amendment of it, set-off – Appearance of Parties and consequences of non – appearance of parties – Framing of issues, incidental and supplemental proceedings—hearing , judgment and decree –Procedure in execution of decree, attachment and sale – Death, Marriage and insolvency of parties – Withdrawal and adjustment of suits – Special procedure in particular classes of suits; pauper suits, interpleaded suits, suit by or against minors and persons of unsound mind – Appointment of receivers and commissions – Temporary injunction and interlocutory orders

    Appeal , Review and Revision

    Statute:

    The Code of Civil Procedure, 1908

     

    Books Recommended:

    Awasthi : Stay Order & Temporary Injunction
    Ali Akbar Pramanik : Law of Injunction
    C. K. Takwani : Civil Procedure
    D. F. Mulla : Code of Civil Procedure
    Dhaka Law Reports : Ex parte Proceedings
      : Law on Injunction
    Lokman Hossain : CPC in Practice
    M. C. Sawker : The Code of Civil Procedure
    M. M. N. Nizami : Code of Civil Procedure
    Mridulkanti Rakshit : Civil Court Practice and Procedure
    Mukherjee : Civil Appeals
    Naimuddin Ahmed : Civil Procedure Code
    N. D. Basu : Law of Injunction
    Rashbehary Ghosh : Introduction to the Civil Procedure Code
    R. G. Chaturvedi : Treaties on Injunctions
    S. C. Sarker : The Law of Civil Procedure
    Shaukat Mahmood : The Law of Civil Procedure
    Siddiqur Rahman Miah : Manual of Practical Instructions for the Conduct of Civil Suit
      : Commentary on Civil Rules and Orders
      : Law of Injunction
    The Govt. of Bangladesh : Civil Suits Instructions
      :Civil Rules and Orders

    LAW 315: Law of Registration, Law of Public Demand Recovery and Law of Limitation

                      3 Credits

     

    Law of Registration

    Enforcing the appearance of executants and witnesses – Presenting wills and authorities to adopt – Deposit and disposal of wills – Effects of registration and non-registration – Powers and duties of Registering Officers – Copying of documents by means of photography – Refusal to register, Remedies – Penalties

     

     Law of Public Demands Recovery

    Execution of certificates: attachment; sale; setting aside sale; disposal of proceeds of execution; resistance to purchaser after sale; arrest, detention and release – Reference to civil court – Rules  – Supplemental provisions – Appeal, Bar to Second Appeal, revision, Review, application of Limitation Act, Penalties

     

    Law of Limitation

    Object, Interpretation and application of the Limitation Act – Limitation of suits, Appeals and Applications- Computation of period of Limitation- Extension and exemption of Period of Limitation— Suspension of Limitation—Waiver of Limitation— Effect of Fraud and Acknowledgement on Limitation—Adverse possession—Acquisition of easement rights—Limitation in suits for recovery of Land.

     

    Statute:

    The Registration Act, 2005

    The Public Demand Recovery Act, 2001

    The Limitation Act, 1908

     

    Books Recommended:

     

    D. F. Mulla : Indian Limitation Act
    Dhaka Law Reports : Limitation Act, 1908
      : Public Demand Recovery Act
      : Registration Act
    D R Dhangin : Registration Act
    Gazi Shamsur Rahman : Public Demand Recovery Act
    Pakistan Legal Decisions : The Limitation Act
    S C Sarkar : Public Demand Recovery Act
    Shaukat Mahmood : Law of Limitation
    Siddiqur Rahman Miah : Condonation of Delay
    Sultan Ahmed : Public Demand Recovery Act
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    LAW 317: Law of Intellectual Property

                      3 Credits

     

    A brief description: Intellectual property covers those legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. The main examples are industrial property viz. patents, inventions, trademarks and industrial deigns .Copyright and neighbouring rights chiefly in literary, musical and artistic work in film, records broadcast etc.

    Patents : General provisions, Patent office, Patentability, Right to patent, Naming Application, Grant of patent , Right and obligations of owner of patent. Duration of patent and Annual fees. Contractual licensees .Other kinds of patents. Infringement Remedies.

    Trademarks: Definition of Trademarks. Functions of Trademarks, Economic importance of Trademark Rights. Infringement of Trademarks, Forum for Redress

    Copyrights: Origin and development of copyright law. Standards of copyright ability. Copyrightable subject matter. Non-Copyrightable subject matter .Right protected by copyright. The general exclusive rights. Procedures for obtaining copyright. Ownership and conveyancing of copyright. Copyright infringement Fair use. Remedies

     

    Statutes:

    The Patent and Design Act, 1911

    The Patent and Design rules, 1933

    The Secret Patent Rules, 1933

    The Trademark Act, 1940

    The Revised Trademark Rules, 1963

    The Copyright Ordinance, 1962

     

    International Conventions

    Paris convention for the Protection of Industrial Property, 1883

    Madrid Agreement Concerning the International Registration of Marks, 1891.

    Berne Convention for the Protection of Literary and Artistic works of 1866

    Universal Copyright Convention, 1952 (Concluded in Geneva)

     

     

    Books Recommended:

     

    Mohammad Monirul Azam :Intellectual Property WTO and Bangladesh
    P. Narayanan : Intellectual Property Law
    Sayeed Rass Maswood : A Hand Book on Laws of Intellectual Property
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    W. Gg Avnmvb Kwei I Ab¨vb¨ : eyw× e„wËK m¤úwË AvBb I mgmvgwqK evsjv‡`k

    LAW 319: Practical Training I: Professional Ethics and Court Craft

                      2 Credits

    The students will be required to sit in the written exam on the following:

    History of Legal Profession

    Historical development of Legal Profession in Bangladesh- Constitution – Function – Powers and Jurisdiction of Bar Council of Bangladesh-  Difference between Bar Council and Bar Association- Admission and enrolment of Advocates.

    Professional Ethics

    Profession ethics and Advocacy – Standards of Professional – Bangladesh Bar Council Cannons of Professional Conduct and Etiquette – Conflict between interest and duty – Duty – to court – Duty to Client – Duty to opponent – Duty to Colleagues – Duty towards Society and obligation to render legal aid

    Bench-Bar Relationship

    Reciprocity as partners in administration of Justice – Professional Misconduct – Rights and Privileges of Advocates

    Contempt of Court

    Historical development of Contempt of Court Act (2013) in Bangladesh – Object and Constitutional validity of Contempt of Court Act – Definition- Kinds of Contempt – Which are not considered as contempt of court- Scope of contempt of court- Procedure to file a complain regarding contempt of court- Jurisdiction of HCD- Punishment- Contempt of Court by the company- Procedure of contempt of court in the SC- Contempt by Judges, Magistrates, Lawyers and other persons – Appeal.

     

    Statutes

    1. The Contempt of Court Act, 2013

    Order

    The Bangladesh Bar Council Order, 1972

     

    Books

    Holland Avrom Shree :Advocacy
    Keith Evam :The Golden Rules of Advocacy
    Sandeep Bhalla :Advocates Act & Professional Misconduct
    JPS Sirohi :Professional Ethics, Lawyer’s Accountability, Bench-Bar Relationship
    Krishna Murthy :Iyer’s Book on Advocacy

     

    LAW      401: Law of Evidence

    4 Credits

    Contents:

    Preliminary –Evidence- Oral and Documentary Evidence, Applicability of Evidence Act, Presumption, May Presumption. Shall Presumption, Conclusive Proof, Mode of Proof, Judicial Notice, Fact – Proved, Not Proved, Disproved, Different kinds of Evidence etc

    Of the Relevancy of facts, Facts in Issue and Relevant Facts

    Admissions, Confession, Confession to Police Officer

    Statements by Persons who can not be called as witnesses, Dying Declaration

    Statements made under special Circumstances

    How much of a Statement is to be proved

    Judgments of Courts of Justice when relevant

    Opinion of third persons when relevant , Expert Opinion

    Character when relevant, Character of the Parties relevant in cases or suits

    Fact Judicially noticeable need not be proved

    Of Oral Evidence

    Of Documentary Evidence, Primary and Secondary Evidence

    Public and Private Documents

    Presumption as to Documents

    Accomplice, Corroboration, Rebutable and Irrebutable Evidence, Circumstantial Evidence, Substantive Evidence, Hostile Witness, Refreshment of Memory of the witnesses etc.

    Of the Exclusion of Oral by Documentary Evidence

    Of the Burden of Proof or Onus of Proof, Special Knowledge

    Estoppel, Compliance of Witnesses

    Of Witnesses, Number of Witnesses, Competency of Witnesses, Weight of Witnesses or evidences.

    Of the Examination of Witnesses, Examination in Chief, Cross Examination, Re-Examination and Further Cross, Purpose of Examination in Chief and  Cross Examination, Leading  Question

    Of Improper Admission and Rejection of Evidence

    Application of Medical Jurisprudence as evidence in criminal cases

    Statute:

    The Evidence Act, 1872

    Books Recommended:

    Abdul Karim : The Evidence
    Best : Principles of the Law of Evidence
    Chandra Bhushan Upadhya : Digest on Law of Evidence
    Dhaka Law Reports(DLR) : The Evidence Act, 1872
    G.D. Noades : Introduction to Evidence
    Heydon : Evidence: Cases and Materials
    M. Ansaruddin Sikder : Law of Evidence
    M. Monir : Law of Evidence
    Muhammad Nazrul Islam : Reflections of the Law of Evidence
    Powell :Principles and Practices of the Law of Evidence
    Ratanlal & Dhirajlal : Law of Evidence
    Rupert Cross : Evidence
    Sarkar & P. Manohar : Evidence
    S.L. Phipson : Law of Evidence
    S. K. Shanglo : The Principles of Benefit of Doubt
    S. P Sen Gupta : Law of Evidence
    Starkie : Law of Evidence
    Vepa P. Sarathi : Elements of Law of Evidence
    Wills : On the Law of Evidence

     

     

    LAW 403:    Environmental Law

                      3 Credits

     

    Historical Development of International & Bangladesh Environment Law

    Concept of environment, environmental ethics, environmental legal issues & trans-boundary environment pollution

    International environmental laws: nature & sources; concept of environmental common law; environmental responsibilities, rights & obligations of states; enforcement mechanism, remedial provisions, dispute settlement

    Basic instruments of international environmental laws: Stockholm Declaration, World Charter for Nature, Rio Declaration Framework, Rio-forest principles, Issues based instruments

    Agenda 21, Concept of Sustainable Development. The United Nations Framework Convention on Climate Change and convention on Biological Diversity and UN Convention to Combat Desertification, Kyoto Protocol etc

    Pollution- Atmospheric pollution, Radio active contamination, Acid precipitation, Green House Effect and Ozone Layer Depletion

    Status of wild life and Biodiversity concept. Protection of species (endanger and migratory) wetland, Desert, Tropical Forest, Antarctica and World Heritage sales

    Sectoral Laws & policies relating to environment of Bangladesh: pollution (air, water & sound) related laws & policies of Bangladesh, waste disposal related laws & policies of Bangladesh, forestry related laws & Policies of Bangladesh, weld life related laws & policies of Bangladesh, fishery related laws & policies of Bangladesh & biodiversity conservation related laws & policies of Bangladesh

    An overview of Environmental Court Act, 2000 with particular emphasis on powers, functions & Procedures of Environmental Courts and Appellate Court and Disposal of Appeals

    Province and Regional Environment, Role of UN Economic Commission for Europe, The Council of Europe, Organization of American States, Organization of African Unity etc

    Role of International Environmental Institutions in the Development of Environmental Law

    Enforcement of environmental rights through constitutional litigations: Bangladesh perspective

    Role of Governmental & non-governmental organizations in the protection & conservation of environment of Bangladesh. UN Environment Programmeme UNESCO, WHO and other specialized agencies in the development of International Environmental Law

     

    Statutes:

    The Bangladesh Environmental Conservation Act, 1995

    The Bangladesh Environmental Conservation Rules, 1997

    Paribesh Adalat Ain, 2000

    The Forest Act, 1927

    Environmental Policy, 1992

    Environmental Actions Plan, 1992

    Books Recommended:

    A. Atiq Rahman (ed.) : Environment and Poverty
    Alimuzzaman Chowdhury : The Forest Laws of Bangladesh
    A.R. Masud : The Fish Law
    Alexandre Kiss & Dinah Shelton : International Environmental Law
    C. Redgwell :Intergenerational Trusts and Environmental Protection
    C. S. Lal :Cases & Materials on Environment & Pollution Laws
    Department of Environment and Bangladesh Environment Management Project : A Compilation of Environmental Laws
    Mahesh Mathur : Legal Control of Environmental Pollution
    Md. Iqbal Hossain :International Environmental Law: Bangladesh Perspective
    Mohiuddin Farooque & S. Rizwana Hasan :Law Regulating Environment in Bangladesh
    Mohiuddin Farooque :Law and Custom on Forests in Bangladesh: Issues & Remedies
    Mohiuddin Farooque :Regulatory Regime on Inland Fisheries in Bangladesh
    M. Youssouf Ali :Towards Sustainable Development: Fisheries Resources of Bangladesh
    Nancy K. Kubasek et. al. : Environmental Law
    IUCN, Bangladesh : Natural Resources Conservation Strategy
    James Berry : The Environmental Law
    Jona Razzaque :Public Interest Environmental Litigation in India, Pakistan and Bangladesh
    Philip Sands : Environmental Law
    Ved Nanda :International Environmental Law and Policy
    Vikas Vashisth :Law and Practice of Environmental Laws in India
    V. R. Krishna Iyer :Environmental Protection & Legal Defence

     

     

     

    LAW 405 : International Trade Law

                         3 Credits

     

    Contents:

    Introduction: basic idea about international trade; International trade term; INCO Terms in the Law of International Trade

    International Sale Contract: Nature of goods; Property and title, Possession and Delivery; Risk and Frustration; Contents of Contract; Performance and Remedies; CIF Contract, obligation of the seller, duties of the buyer & duties of the seller; FOB Contract, duties and obligation of the parties; AFS Contract; Other forms of contract in international trade; UN Convention on Contract for the International Sale of Goods,1980

    Financing of International Trade: Bill of exchange, documentary bills, documentary credits, standby credits, performance bond and guarantees, export credit guarantee, other methods of financing; Transactional credit agreement; Letter of credit, issuing bank and corresponding Bank; Contemporary issues in the area of international banking and finance law

    Carriage of Goods by Sea. Brussels Convention 1924 (Hague Rules), Brussels Rules (Visby Rules), UN Convention 1978 (Hamburg Rules), Bill of Lading Types and functions Charter party, Essential Terms & Conditions, General carriage and Charter Party

    Insurance against contract in international trade, Formulation of Marine Insurance Contract Insurable interest,  Losses

    GATT / WTO and Globalization of International Trade

    Conflict of Laws, Dispute Settlement Mechanism of WTO

    Arbitration: Theory and Institutional Structure of Arbitrations, Mechanism for sitting International Trade disputes problem of Sovereign Immunity and enforcement of Awards

     

    Books Recommended:

    Avtar Singh : Law of Carriage
    Carver : Carriage by Sea
    Janette Charley : International Trade Law
    Pamela Sellman : Law of International Trade
    Payne & Ivamy : Carriage of Gods by Sea
    Rafiqul Islam : Comments on International Trade Law
    S. C. Chhua : International Trade Law
    Templeman : International Trade Law
    Thomas Edward Scrutton : Charter parties and Bills of Lading

     

     

     

    LAW   407: Interpretation of Statutes and General Clauses Act

                            2 Credits

     

    A. Interpretations of Statutes

    Introduction to Interpretation of Statutes

    Different parts of a statute-  commencement – Repeal and revival of statutes – Consolidating and codifying statutes

    General Principles of Interpretation & Construction of Statutes

    Literal construction rule- Golden rule and mischief rule of interpretation- Rule of harmonious construction – Internal and External Aid to Interpretation – Maxims of Interpretation, beneficial construction, construction to prevent evasion or abuse, restrictive construction; construction to avoid collision with other provisions- construction most agreeable to justice and reason; equitable construction

    Subordinate Principles of Interpretation & Construction of Statutes

    Usage construction imposed by statute, construction of words in bonam partem, change of language, understanding associated words in a common sense and the expression unius rule, generic words following more specific

    Interpretation & Construction of Words and Expression of Statutes

    Reading words of statutes in their context: the external aspect & the statutory aspects; treatment of general words of statutes; meaning of words concerning gender, number, time and distance

    Presumptions Regarding Jurisdiction

    Interpretation of Penal Statutes, Taxing Statutes & Sub-Constitutional Legislation

    Interpretation of Constitutional Law

    General rules and special rules; problems of constitutional interpretation, structural Change

    Interpretation of deeds, contracts & case-laws

     

    B. General Clauses Act, 1897

    Introduction

    Objectives of the Act; its scope and application; general definitions

    General Rules of Construction

    Coming into operation of enactments; effect of repeal; revival of repealed enactments; construction to references to repealed enactments; commencement and termination of time; computation of time

    Powers and Functionaries

     

    Provisions as to Orders, Rules, etc. made under enactments

     

    Miscellaneous provisions

     

    Books Recommended:

    A. Matin : The General Clauses Act
    Broom : Legal Maxims
    Craies : Statute Law
    Dhaka Law Reports (DLR) : The General Clauses Act
    Fazal Karim : Jurisdiction and Judicial Review
    G. M. Kothari : Principles and Precedents of the Law of Convincing, Draftsman &   Interpretation of Deeds & Documents
    Maxwell : The Interpretation of Statutes
    N.S. Bindra : Interpretation of Statutes
      : General Clauses Act
      :Law of Conveyancing, Draftsman and Interpretations of Deeds
    R. D. Srivastava : The Interpretation of Statutes
    T. B. Latta Chattarjaya : The Interpretation of Statues

     

    LAW 409:  Conveyancing and Drafting Pleadings, Legal Awareness and Internship

                            3 Credits

     

    1. Conveyancing and Drafting Pleadings – 50 Marks (Written)

    Fundamental Rule of Pleading

    Meaning and Definition of Pleading, History/Object and Interpretation Rules of Pleading: General and Fundamental, Amendment of Pleading.

    Civil

    Plaint, Written Statement, Interlocutory Application, Original Petition, Affidavit, Execution Petition, Memorandum of Appeal and Revision, Petition under Article 102 of the Constitution of Bangladesh.

     

    Criminal

    Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of Appeal and Revision.

     

    Model Draft of Application

    Application for Restoration of Suit; Amendment in the Pleading, Implements of Parties, Substitution of Parties, Setting aside exparte decree, Alimony, Bail, Matrimonial petition, legal notice, Appointment of receiver/ local commission; Compromise of Suit, Condonation of delay and application for execution etc., Drafting of Writ petition and PIL petition.

    Conveyancing: Theory and Model Draft

    Definition and essential part of a deed, Model deed: Sale-deed, Mortgage deed, Gift-deed, Will deed, Trust deed, Lease-deed, Promissory Note, General Power of Attorney, Partnership deed; Tenancy deed; Relinquishment deed etc.

    1. Legal Awareness and Internship – 50 Marks (Practical)

     

    Observation of Trial (One Civil and One Criminal) – 20 Marks

    Students are required to attend two trials (true cases) within this semester. They will maintain a record and enter the various steps observed during their attendance on different days in the court assignment. The record shall be neatly written on one side of the bond size paper and bound with a certificate signed by the course teacher to the effect that it is the bona-fide work of the concerned student. The record shall be valued for 20 marks. The cover page shall indicate details of the student.

     

    Client Interviewing (15 Marks)

    Each student will observe two interviewing sessions of clients at the Lawyer’s Office/Legal Aid Office and record the proceedings in a diary which shall carry half of the allocated marks. Each student will further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit/petition. This shall be recorded in a diary, which shall carry rest of the marks. The Diaries shall be neatly written on one side of bond size papers and bound with a certificate signed by the course teacher to the effect that it is the bona-fide work of the concerned student. The cover page of thee diary shall indicate the name and detailed identity of the student.

    Attachment with Selected NGOs/Organizations (15 Marks)

    Student will be required to undertake legal awareness programs in association with any NGOs or organizations working in the field of legal awareness and legal aid as directed by the Faculty/Department. Each student will be required to attend minimum three awareness programs and to write a report with course teacher’s certification.

     

    Evaluation System

    The diaries relating to trial observation, client interviewing and pre-trial preparations and legal awareness shall be valued by the professional/s under whose supervision the student has completed internship and the course teacher if it is so planned. If internship is with an Authority wherein trial observation and client interviewing is not possible, the student shall undertake these exercises separately and it shall be evaluated by the course teacher. The viva shall be conducted by the exam committee and the course teacher.

    Books Recommended

    Abdul Halim : A Guide to Conveyancing and Legal Drafting
    A. B. Majumder :  Plaints and Complaints
    Abbey and Richards : A Practical Guide to Conveyancing
    Banerjee and Awasthi : Guide to Drafting
    G.C.Mogha & K.N.Goyal : Indian Conveyancer
    N S Bindra : Law of Conveyancing, Draftsman and Interpretation of Deeds
    Md. Abdul Karim Khan : Legal Drafting: Principle and Process
    Michael Haewood : Conveyancing
    Mogha : Law of Pleading
    Murali Monohar : The Art of Conveyancing and Pleading
    William M.Ross : Pleading

    LAW 411: Criminology and Penology

                            4 Credits

    Defining crime and criminological conceptions. Historical development of criminology. The idea of a science of criminology and its relationship with criminal acts.

    Crime as a social Phenomenon

    Class, culture and subculture, economic condition. Labeling theories, control theory , theories of corporate crime, white collar crime, gang studies.

    Crime as a individual phenomenon

    Causation of crime, psychological and psychiatric explanation. Psychopathic .Child development and socialization of children in school and home.

     

    Penology

    Development of penal policy – Theories of punishment – forms of punishment and judicial sentencing – Police Administration -Prison administration -Criminal law Courts –Parole – Juvenile delinquencyExecutive clemency

     

    Statutes

    The Prevention of Corruption Act, 1947

    The Criminal Law Amendment Act, 1958.

    The Bangladesh Legal Practitioners and Bar Council Order, 1972

    The Children Act, 1974/2013

    The Borstal Schools Act, 1928

    The Medical Practice and Private Clinic and Laboratories (Regulations) Ordinance, 1982

    The Anti-Corruption Act, 1957 and 2004

    The Prisons Act 1894

    The Prisoners Act, 1900

    The Probation of Offenders Ordinance, 1960

    The Police Act, 1861

     

    Books Recommended:

    Donald R. Taft : Criminology
    G B Vold : Theoretical Criminology
    Howard Jones : Crime and the Penal System
    Korn and Recorkle : Criminology and Penology
    N V Pran Jape : Criminology and Penology
    Paul W. Tappen : Crime, Justice and Correction
    Quinney Richard : The Problem of Crime
    Southland and Cressey : Principles of Criminology
    W C Reckless : The Crime Problem
    Winifred A Elkin : The English Penal System
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    LAW   413: Comparative Law

                            3.0 Credits

     

    Meaning, Nature, and Classification of Comparative Law

    Origin and development of comparative law- Meaning, definition and nature of comparative law- Science and method of study- Process of comparison- Classification of comparative law- Function, purposes and utility of comparative law.

    Major Legal Systems of the World

    Causes and legal basis of classification of legal systems- Common law system (English revolution and evolution of common law)- Fundamental principles and traditions of common law and Civil law system- French revolution and evolution of civil law- Socialist system.

    Common Law System

    Definition and nature of common law.

    Civil Law System

    Definition –Nature- Characteristics of civil law.

     

    Socialist Law System

    Socialist concept of law- source of Soviet law – concept of socialist legality- Disintegration of socialist states and transformation of legal systems in Eastern Europe, Scandinavian Legal system as a model.

     

    Sources of Law

    Customs in common and civil law- Codes and statutes in common and civil law- Case in common and civil law – Role of Judicial Decisions and Legal Doctrine.

     

    Organization of Courts in Different Legal Systems

    System of Courts in England,- System of courts in USA –System of courts in France, Germany and Bangladesh.

     

    Judicial System of Muslim Worlds

    Idea of Islam on law- New outlook and interpretation of laws in Muslim countries- Administration of justice in Islamic countries.

    Comparative Law and the Emergence of Transnational Law.

     

    Books Recommended:

    Amos and Walton : French Civil Law
    Anderson : Islamic Law in the Modern World
    Cross : Precedent and its Use in the English Legal System
    David and De Vries : The France Legal System
    De Vrics : The Law of the American
    Fransworth : An Introduction to the Legal System of the United States
    Friedman : Law in a Changing Society
    Graulick : Guide to Foreign Legal Materials
    Grisali : Guide to Foreign Leal Material
    Gutteidge : Comparative Law
    Hart : Legal Concept
    Hazard and Shapiro : The Soviet Legal Systems
    Khadduri and Libbensy : Origin and Development of Islamic Law
    Lawson : A Common Lawyer Books at the Civil Law
    Mehren : Civil Law System
    N J Caulson : History of Islamic Law
    Puckland and Mc Nair : Roman Law and Common Law
    Schacht : History of Islamic Law
    Schulz : Principles of Roman Law
    Wigmor : A Panorama of World’s Legal System
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    LAW   415: Alternative Dispute Resolution and Laws relating to Legal Aid

                            2 Credits

     

    1. Alternative Dispute Resolution

     

    Dispute Resolution Process

    Concept and theories of ADR- adversarial system- inquisitorial System- alternative dispute resolution (ADR) system and their advantages and disadvantages

    Different forms of ADR

    Arbitration – mediation – med-arb – early neutral evaluation – conciliation – expert determination and ombudsman

    ADR in International Disputes and the concerned Authorities & Institutions

    ADR in Bangladesh

    Historical developments – different laws making provisions for ADR (Civil Procedure Code, Muslim Family Laws Ordinance, Family Court Ordinance, Salish Ain, Artha Rin Adalat, Gram Adalat, Conciliation of Dispute Board Act etc),

    Role of NGOs

    Problems and prospects.

    B. Laws relating to Legal Aid

    Definition-Concept – Legal aid and access to justice- Relation with human rights- Legal aid movement in India and Bangladesh- Application in the civil and criminal jurisdiction- Issues concerning legal aid- Government legal aid in Bangladesh- Legal aid and advocacy- Legal aid and Public Interest Litigation- Role of NGOs in the field of legal aid- Strengthens and weakness in legal aid- Distinction between legal aid and pauper suit.

    Statutes

    The Code of Civil Procedure, 1908 (Amendment Act, 2003)

    The Code of Criminal Procedure, 1898

    The Muslim Family Laws Ordinance, 1961

    The Family Courts Ordinance, 1985

    The Environment Preservation Act, 1995

    The Salish Ain, 2001

    The Artha Rin Adalat Ain, 2003

    The Gram Adalat Ain, 2006

    The Conciliation of Dispute (Municipal) Board Act, 2004

    Legal Aid Services Act, 2000

    Rules of Legal Aid Services, 2001

    Books Recommended:

    Golam Mahbub :Alternative Dispute Resolution in Commercial Disputes: The UK & Bangladesh Perspectives
    Linda R. Singer : Setting Disputes
       
    Michael Freeman : Alternative Dispute Resolution
    N. R. Madhava Menon : Mediation-Concept and Techniques in Support of Resolution of Disputes
    P D Mahtew : Free Legal Services to the Poor
    Prof. Dr. Ansar Ali Khan : An Introduction to Alternative Dispute Resolution (ADR)
    Scott Brown et. al. :Alternative Dispute Resolution Practitioners Guide
    Sujan Singh : Legal Aid: Human Right to Equality
    Sumaiya Khair :Legal Empowerment for the Poor and Disadvantaged: Strategies, Achievement and challenges
    S S Sharma : Legal Aid to the Poor
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    LAW   417: Civil Courts Act, Court Fees Act, Stamp Act and Suits Valuation Act

                            2 Credits

     

    Civil Courts Act, 1887

    Nature and Scope of the Act- Constitution and Jurisdiction of Civil Suits – Determination of Jurisdiction- Temporary Charge of District Court- Place of Sitting of Courts- Seals of Courts- Power of District Judge to Transfer Cases- Bar to Try Suits in which Judges interests are Involved.

    Court Fees Act, 1870

    Nature and Purpose of the Law- Fees Payable in Courts and in Public Offices – Computation of Fees – Probates, Letters of Administration and Certificate of Administration – Process Fees – CR & O. Provisions of Process Fees, Reduction and Remission of Court Fees –Miscellaneous Costs and Charges – Mode of Levying Fees- Miscellaneous- Schedule: Advalorem Fees, Fixed Fees.

    Stamp Act, 1899

    Purpose of the Act- Definition Clause – Stamps and Mode of Using them – Time of Stamping Instruments – Conversion of Amount expressed in Foreign Currencies- Procedure of valuation of Stock and Marketable Securities – Duties by whom Payable – Adjudication of Stamps – Examination and Impounding of Instruments – Reference – Revision – Criminal Offences Relating to Stamps and Subsequent Procedures.

    Suits Valuation Act, 1887

    Rules Determining the Value of Land – Valuation of Relief in Certain Suits Relating to Land – Court Fee Value and Jurisdictional Value to the Same in Certain Suits – Determination of Value of Certain Suits by Supreme Court – Supplemental Provision.

    Books Recommended:

    Md. Shafiqul Islam : The Civil Courts Act, 1887
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    LAW 419:    Practical Training III: Trial Advocacy and Moot Court Exercise  

                            3 Credits

     

    1. Trial Advocacy (both Civil and Criminal) – 50 Marks (Written)

    Interviewing and Counseling of Clients – Client Interview Skills – Marshalling of Facts – Drafting of Legal Documents- Preparation for Opening and Closing Statement – Witness Examination Tactics – Cross Examination Art – Language of Examination – Direct and Cross Examination – Inconsistent Statement – Witness Control – Expert Witness Examination – Expert Witness and Rules – Qualifying Experts- Direct and Cross Examining Expert Witness – Credibility of Depositions of Witnesses – Framing of Arguments.

    The student will practically be taught the skill of advocacy in a mock courtroom in the following areas:

    1. Court courtesy and manner
    2. Introducing documentary evidence
    3. Opening a case
    4. Examination of witnesses
    5. Examination in chief
    6. Cross Examination
    7. Presentation of Argument
    8. Judgment
    1. Moot Court Exercise -50 Marks (Practical)

    Each student shall participate in mock trial organized by course teacher. Mock trial shall be divided into two parts, i.e., oral advocacy and written submission. The student shall make written submission on behalf of the party for whom he makes oral advocacy as assigned by the course teacher. The written submission shall be neatly written on one side of the bond size papers and bound together with a certificate signed by the course teacher to the effect that it is the bona fide work of the concerned student. The cover shall indicate details of the student.

     

    Method of assessment:

    The submissions of Moot courts shall be valued by the panel of judges (expert of the court proceedings) nominated by the Faculty/Department concerned.

    Books Recommended:

    Ahamaduzzaman : Trial Advocacy
    Bailey Rothblatt : Preparation and Defense of a Criminal Case
    Gary Bellow et. al. : The Lawyering Process
    Kenney F Hegland : Trail and Practice Skill
    Keith Evans : The Golden Rules of Advocacy
    Mauet : Trail Techniques
    Robert M Bastres et. at. : Interviewing Counseling and Negotiating Skill for Effective Representation

    Viva Voce  – 100 Marks –                  2 Credits

    A student will be required to appear before Viva Voce Board comprising internal and external experts. The student will be asked questions on all topics from all over the courses covered.

    LL. B. (Preliminary & Final) Program (2-years)

    Sylhet International University (SIU) intends to offer a 2-yeary LLB (Preliminary & Final) Degree Program from Spring 2013 semester. The University already has a 4-year LL B (Preliminary & Final) Program at undergraduate level. However, there is a great demand for the professional 2-year LL B (Preliminary & Final) Degree Program which can be joined by graduates from any other discipline. Having successfully completed this LL B (Preliminary & Final) Program a student will be well groomed not only for becoming a practicing lawyer but also he/she will have an edge over other graduates in competitive examinations for civil service and executive service in the private sector.

    LL B (Preliminary & Final) Program shall be conducted in semester system. The duration of the LL.B. (Preliminary & Final) program shall be 2 (two) years divided into 4 (four) semesters, each consisting of 6 (six) months. Each academic year has been divided into two semesters: Spring (April to September) and Fall (October to March). A student must complete his/her courses and pass all the examinations to earn 64 credits to obtain the LL.B. (Preliminary & Final) Degree.

     

     

    Medium of instruction of this program shall be English.

    2 year LL B (Preliminary & Final) Curriculum

    Program Structure

     

    Types of Courses
    Number of Courses
    Credit Hours
    A. General Courses
    01 02
       B. Core Courses
    20 62
      21 64
     

    Course Sequence

    1st year 1st Semester

    Course Code Course Title Credit
    HUM 101 English Language and Composition 2.0
    LAW 100 Legal Philosophy and Jurisprudence 3.0
    LAW 102 Law of Torts and Contract 3.0
    LAW 104 Muslim Law 3.0
    LAW 106 Roman Law and Hindu Law 3.0
    LAW 108 History of the Development of Law and Legal System of Bangladesh 3.0
      Total Credit:       17

                                                                                        

    1st year 2nd Semester

    Course Code Course Title Credit
    LAW 110 Labour Law of Bangladesh 3.0
    LAW 112 Law of Equity, Trust and Specific Relief Act 3.0
    LAW 114 Land Laws of Bangladesh 3.0
    LAW 116 Company Law and Partnership Act 3.0
    LAW 118 Constitutional Law of Bangladesh 3.0

                                                                                            Total Credit: 15

    2nd year 1st Semester

    Course Code Course Title Credit
    LAW 200 Law of Crimes 4.0
    LAW 202 Law of Transfer of Property, Public Demand Recovery, Registration and Limitation Act 3.0
    LAW 204 Public International Law 3.0
    LAW 206 The Code of Civil Procedure 3.0
    LAW 208 Mercantile Law 3.0

                                                                                           Total Credit: 16

    2nd year 2nd Semester

    Course Code Course title Credit
    LAW 210 The Code of Criminal Procedure 4.0
    LAW 212 Law of Evidence 4.0
    LAW 214 Fiscal Laws of Bangladesh 3.0
    LAW 216 Conveyancing and Drafting Pleadings 2.0
    LAW 218 Practical Training (Trial Advocacy and Moot Court Exercise) 3.0

                                                                                              Total Credit: 16

    Course Description

     

    Hum 101:       English Language and Composition

                            2 Credits

    This course purports to make the student well up in composition and comprehension of English language used in formal write ups like articles, essays and treatises. Here text will be given for comprehension, exercises of writing essays, paragraphs and reports will be done and construction of proper sentences expressing formal ideas will be taught. Sufficient exercises of translation and re-translations will be included.

    This course will also address oral and written communication skills which includes communicative expressions for day to day activities, both for personal and professional requirement. Grammar items will mainly emphasize the use of articles, numbers, tense, modal verbs, pronouns, punctuation, etc. Sentence formation, question formation, transformation of sentence, simple passive voice construction, and conditionals will also

    be covered.

    Books Recommended

    E.L. Tibbit : Exercises in Reading Comprehension
    John Eastwood : Oxford Practice Grammar
    L.G. Alexander : An Oral Practice Book for Advanced

      Students of English

    Raymond Murphy : Intermediate English Grammar
    Sadruddin Ahmed : Learning English The Easy Way
    Stuart Redman : English Vocabulary in Use
    Thomson, A.J. & Martinet, A.V : A Practical English Grammar

     

     

    LAW 100:    Legal Philosophy and Jurisprudence

                            3 Credits

    1. Jurisprudence: Definition, nature, scope and its importance
    2. Historical development of Law, contribution of different stages of civilization
    3. Law: Definition, Nature and Classification
    4. Schools of Jurisprudence: Analytical Legal Positivism, Historical School, Pure Theory of Law and other schools
    5. Theories of Law: Natural theory, Austin’s Theory, Comparative Theory, Realism and other theories.
    6. Sources of Law: Legislation, Precedent, Custom and Convention
    7. Administration of Justice: Development of the concept of administration of justice, Civil and Criminal Justice, Distributive Justice, Ends of Justice
    8. Procedural and Substantive Law, Crime and Criminal Procedure, Analysis of Legal Concepts
    9. Different concepts of Law: Rights, Duty, Person, Ownership, Title, Possession, Property, Obligation, and Liability
    10. Feminine jurisprudence: A new concept

    Books Recommended:

    Atchuthen Pillai : Legal Theory and Jurisprudence
    Fitzerland : Salmond’s on Jurisprudence
    Hamiduddin Khan : An introduction to Jurisprudence
    H.F. Jolowcz : Lectures on Jurisprudence
    N.H. Jhabvala : Jurisprudence
    Paton : Jurisprudence
    RWM Dias : Jurisprudence
    Salmond : Jurisprudence
    Templeman : Jurisprudence and Philosophy of Law
    V D Mahajan : Jurisprudence and Legal Theory

     

     

     

    LAW 102:    Law of Torts and Contract

                            3 Credits

    Law of Torts

    Definition and nature of tort: Conditions: Liability; absolute liability. Mens rea. Negligence, exemptions, immunities. Joint Wrongdoers. Vicarious liability –Devolution of right and liability. Trespass, dispossession, Nuisance. Injuries to servitudes. Conversion and other injuries to chattels, Injuries to person. Injuries to domestic relations. Defamation. Intimidation. Deceit and injurious false-hood. Liability for dangerous property. Wrongful process of law-wrongful confinement and malicious prosecution.

    Remedies in torts: specific restitution – injunction – damages.

     

    Law of Contract

    1. Introduction: definition of contract, kinds of contracts, essentials of valid contract
    2. Communication, acceptance, revocation of proposals and consideration
    3. Capacity to contract
    4. Free consent to contract
    5. Consequences of coercion, undue influence, fraud, misrepresentation and mistake
    6. Void and Voidable agreements
    7. Performance of contracts and Frustration of Contract
    8. Remedies for breach of contract
    9. Quasi contracts
    1. Contingent contracts and wagering Contract
    2. Contracts of indemnity
    3. Contracts of guarantee
    4. Contracts of bailment
    5. Contracts of agency

    Statute:

    The Contract Act, 1872

    Books Recommended:

    Ahameduzzaman : Law of Tort and Consumer Protection
    Durga Das Basu : The Law of Tort
    F Pollock : Torts
    H Street : The Law of Torts
    Jhabvala : Law of Torts
    P S Atchuthen Pillai : Law of Torts
    Ratanlal and Dhirajlal : Law of Torts
    R H Winfield : The Law of Torts
    R K Bangia : Law of Torts
    Salmond and Heuston : Law of Torts
    S James Philip : General Principle of the Law of Torts
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    Abdul Wahid Chaudhury : Laws Relating to Agreement
    Anson : Law of Contract
    A G Mitra : Law of Contract
    Avtar Singh : An Introduction to the Law of

    Contract

    Cheshire et al : Law of Contract
    Catharine MacMillan

    DLR

    : Elements of the Contract

    : Law of Contract

    D F Mullah : Indian Contract Act
    J Pole : Text Book on Contract Law
    Muhammad Ekramul Haque : Law of Contract
    P S Atiyah : An Introduction to the Law of  

      Contract

    Shawkat Mahmud : The Contract Act
    W T Major : Cases in Contract Law
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    LAW 104:    Muslim Law

                            3 Credits

    Pre-Islamic Arabian customs and their influence on Islamic Law-concept of law in Islamic Jurisprudence-meaning of Sharia; Sources of Muslim law

    Different schools of Muslim law and reasons for their development; Introduction and application of Muslim Law under British rule in India, subsequent legislative changes;

    Marriage –Dower-Divorce-Guardianship-Maintenance-Legitimacy and Paternity of a child- Gift (hiba)- Wakf-Preemption, Will, Muslim-Marz-ul-maut . Inheritance ( Hanafi and Shia schools); Reform in the Islamic World.

     

    Statutes:

    1. The Regulation of 1780
    2. The Majority Act, 1875
    3. The Guardians and Wards Act, 1890
    4. The Musalman Wakf Validating Act, 1913
    5. The Succession Act, 1925
    6. The Child Marriage Restraint Act, 1929.
    7. The Shariat Application Act, 1937
    8. The Dissolution of Muslim Marriage Act, 1939
    9. The Muslim Family Laws Ordinance, 1961
    10. The Wakf Ordinance, 1962
    11. The Muslim Marriage and Divorce Registration Act,1974
    12. The Dowry Prohibition Act, 1980
    13. The Family Courts Ordinance, 1985

    Books Recommended:

    A.A. Fyzee : Outlines of Mohammedan Law
    Abdul Matin : The Muslim Personal Laws
    Ameer Ali : Mahommedan Law
    B.R. Verma : Mohammedan Law
      : Muslim Marriage and Dissolution
    Charles Hamilton (trans.) : The Heday
    David Pearl &  W. Menski : A Text Book on Muslim Law
    D.F Mullah : Principles of Mohammedan Law
    Dhaka Law Reports (DLR) : Hand Book of Muslim Family Laws
    Dhaka Law Reports : Muhammedan Law
    Dr. Tanzilur Rahman : A Code of Muslim Personal Law
    Dr. Tahir Mahmood : The Muslim Law of India
    F.B Tyabji : A Handbook on Muhammadan Law
    J.M.U. Anderson : Islamic Law in the Modern World
    J. Schacht : An Introduction to Islamic Law
    Khalid Rashid : Muslim Law
    Keith Hodkinson : Muslim Family Law: A Source Book
    N.B.S. Bailie : Digest of Muhammadan Law
    N.J. Coulson : A Survey of Islamic Law
      : History of Islamic Law
      : Succession in the Muslim Family
    R.K. Wallson : Anglo Muhammadan Law
    Shawkat Mahmood : Muslim Law
    Tahir Mahmud : Islamic Law Reform in the Muslim

      World

    Taslima Mansoor : From Partriarchy to Gender Equity:

      Family Law and Its Impact on Women in

      Bangladesh

    Vijay Malik : Muslim Law of Marriage, Divorce &

      Maintenance

    LAW 106:    Roman Law and Hindu Law          

                      3 Credits

     

    1. Roman Law
    2. Introduction: Importance of the study of Roman Law, development of Roman Law: history of Roman down to Justinian. Twelve Tables, codification and role of Justinian, Justinian’s Codification, sources of Roman Law, classification of Roman Law
    3. Law of Persons: freeman and slaves, patria potestas, dos, adoption and adrogation, guardianship and curatorship, nationality
    4. Law of Property: Res, possession, mode of acquisition and extinction of ownership, servitudes
    5. Law of Succession: universal succession and will, codicil, legacy, fideicommissum, intestate succession.
    6. Law of Obligations: obligation and contract; consensual contract and quasi contract; classification of contracts, delicit and roman equity.
    7. Law of Actions: development and classification of actions; civil & criminal procedures and limitations
    8. Judicial System during the Republican and the Imperial period – outlines of procedures.

    Books Recommended:

    E W  Lee : Elements of Roman Law
    Girard : History of Roman Law
    H.F. Jolowiez : Historical Introduction to Roman Law
    Lutful Kabir : Roman Law
    Nicholas Barry : An Introduction to Roman Law
    Puclkand and  McNair : Roman Law and Common Law
    R.W Lee : Elements of Roman Law
    Schulz : Principles of Roman Law
    T. Mackenzie : Studies in Roman Law
    W.A Hunter : Introduction to the study of Roman Law
    W.W Buckland : Manual of Roman Private Law
    W.W Buckland : Elementary Principles of the Roman Private Law

     

    D.     Hindu Law

     

    1. Nature of Hindu Law; Subjects of Hindu Law; Source of Hindu Law and its application; Historical Development of Hindu Law
    2. Schools of Hindu Law: Dayabhaga and Mitakshara, Their Fundamental Differences
    3. Marriage: Classification of marriages, consequences, rituals of marriage
    4. Maintenance; Adoption; Guardianship; Will; Gift
    5. Hindu joint family; Coparceners and Coparcenary Property; Powers, Rights, Role and Obligations of Karta of the Joint Family
    6. Law of Inheritance: General Principles of Inheritance; Order of Inheritance according to Mitakshara Law; Doctrine of Propinquity; Doctrine of Representation; Doctrine of spiritual Benefit; Classes of heirs, Shares and mode of distribution; Order of Inheritance according to the Dayabhaga Law; Point of Differences between Mitakshara and Dayabhaga Succession; Exclusion from Inheritance
    7. Stridhana and Women’s estate
    8. Religious and Charitable Endowments: Powers, functions, liabilities and position of Shebait and Mohanto
    9. Application of Hindu Law in Bangladesh & India: A Comparative Study

     

    Statutes:

    1. The Hindus Transfer and Benefits Act, 1914
    2. The Hindus Dispossession and Property Act, 1916
    3. Hindu Inheritance (Removal of Disabilities) Act, 1928
    4. Hindu Inheritance (Amendment) Act, 1929
    5. Indian Succession (Amendment) Act, 1929

    Books Recommended:

    B. M. Gandhi : The Hindu Law
    Bangladesh National Women Lawyers’ Association (BNWLA) : Hindu Family Law: An Action Study on

      Proposed Reform of Hindu Family Law

    D.F. Mullah : Principles of Hindu Law
    M.N. Srinivason : Principles of Hindu Law
    N.H Jhabvala : Principles of Hindu Law
    P.N. Chadha : Hindu Law
    Rabia Bhuiyan   : Legal Rights of Hindu Women in Marriage and Divorce
    S.V. Gupta : Hindu Law in British India
    S.K. Routh : Elements of Hindu Law
    Shawkat Mahmood : Hindu Law
    S. K. Rakshit : The Principle of Hindu Law
    Werner F. Menski : Hindu Law
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    LAW 108:    History of the Development of Law and Legal System of Bangladesh        

                      3 Credits

     

    Contents:

     

    1. Legal History
    1. Judicial System of India in the ancient Hindu period and Muslim period
    2. Introduction of English Law in India
    3. The East India Company and the early Administration of India in Calcutta, Bombay and Madras
    4. The Mayors Court
    5. Judicial Reform of Warren Hastings and the Adalat System in Bengal, Judicial Reforms from time to time
    6. The Establishment of Supreme Courts at Calcutta, Bombay and Madras
    7. Evolution of High Court, Codification by the Law Commission. The Sepy Mutinity or War of Independence in 1857 and the after math (Constitutional Changes)
    8. Proclamation of Queen Victoria
    9. The Government of India Act 1935, Strained Relation between Congress and Muslim League
    10. Two Nations Theory, Lahore Resolution, Pakistan Movement
    11. Cabinet Mission, Mountbatten Plan and Indian Independence Act 1947
    12. Constitutional History of Bangladesh, Delay in Constitution making in Pakistan
    13. Language Movement, Martial Law, Basic Democracy
    14. The Six Points Plan, Agartola Conspiracy Case
    15. General Election in 1970, The Army Crackdown and Genocide
    16. Crystallization of Bengali Nationalism
    17. Declaration of Independence, Liberation War and Emergence of the People’s Republic of Bangladesh
    18. Legal System
    19. Meaning of Legal System and Basic Foundation of Legal System in Bangladesh, Sources and Classification of Law in Bangladesh
    20. Features of the Legal System of Bangladesh
    21. Court structure of Bangladesh: Ordinary Civil and Criminal Courts of Bangladesh and their Jurisdiction; Special Court and Tribunals of Bangladesh, Law relating to Army, Navy and Air Force and Court Martial
    22. A brief overview of the procedural steps of criminal cases and civil suits
    23. Law Enforcement: Role of police, Courts, Governments and Citizens; Effectiveness of law enforcement in Bangladesh
    24. Personnel of Law: The Chief Justice and Judges of the Supreme Court of Bangladesh, Supreme Judicial Council, Attorney General, Solicitor, Legal Remembrance, Solicitors, Judicial Officers, Magistrates. Law Officers of the Government, Legal Practitioners, Bench Officer and Clerk, Advocate Assistants
    25. Independence of the Judiciary: Meaning, Importance, Conditions, Extent of Independence of Judiciary in Bangladesh
    26. Legal Developments: Law Relating to Ombudsman, Administration Tribunal, Law Reforms, Family Court, Alternate Dispute Resolution (ADR), Public Interest Litigation and Epistolary, Jurisdiction of the Supreme Court
    27. Legal Profession: Growth of legal profession in India before 1947, Educational Institutions and Degrees, Composition, Powers and Functions of Bangladesh Bar Council, Bar Associations in Bangladesh, Enrolment of Advocates; Disciplinary Proceedings before Bar Council Tribunal; Canons of Professional Conducts and Etiquette
    28. Legal Aid: Meaning and Forms; Importance; Legal Aids in Bangladesh, – Statutory Provisions and its effectiveness, Role of NGOs

     

    Books Recommended:

    A C  Kapur : Constitutional History of India
    A B M Mafizul Islam Patwari : Legal System of Bangladesh
    Azizul Islam : Legal System of Bangladesh
    Barrister Abdul Halim : Legal System of Bangladesh
    B B Misra :The Judicial Administration of East  India Company in India
    J K Mittal : Indian Legal History
    Kautilya : The Legal History of Indian
    M P Jain : Outlines of Indian Legal History
    M Rama Jois : Legal and Constitutional History of  India, vol. II
    Sir Jadu Nath Sarker : Mughal Administration
    V. D. Kulshrishtha : Land Marks in Indian Legal and Constitutional History
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    LAW 110:    Labour Law of Bangladesh

                            3 Credits

    Contents:

    1. Importance of labour and industrial legislation
    2. General principles of labour and industrial laws
    3. Development of labour and industrial laws during British, Pakistani and Bangladeshi period prior to the codification of 2006
    4. Need for Codification and its accomplishment in the shape of the Bangladesh Labour Act, 2006
    5. Definitions
    6. Employment and conditions of employment: Conditions of employment, classification of workers, appointment letter and identity card, service record, register of workers and its contents, leave procedure, stoppage, closure, lock-out, lay-off, death benefit, retrenchment, discharge, misconduct and its punishment, procedure for punishment, termination by employer, termination by worker, retirement of worker, provident fund, eviction from residence, grievance procedure
    7. Employment of young workers: Prohibition of employment of children and adolescents, fitness certificate, medical examination, employment of adolescents in hazardous tasks, working-hours of adolescents, exemptions
    8. Maternity benefits: Prohibition of employment of women workers in certain cases due to maternity, right to receive maternity benefits and liability to pay, amount of such benefits, amount of benefits in case of death of women worker
    9. Health and Hygiene: Cleanliness, ventilation and temperature, dust and fume, disposal of wastes, artificial humidification, overcrowding, lighting, drinking water, dustbins and spittoons
    10. Safety: Safety of building and machinery, precautions against fire, dangerous fumes, explosive, inflammable dust, gas etc., precautions as to machinery, precautions as to cranes and other lifting machineries, precautions as to floors, stairs, means of access, pits, sumps, opening in floors etc.
    11. Special provisions as to health, hygiene and safety: Dangerous operations, notice of accidents, notice of diseases, enquiry, taking of samples
    12. Welfare: First-aid appliances, safety record book, washing facilities, canteen, shelters, children room, introduction of mandatory group insurance
    13. Working hours and leaves: Daily working hours, intervals for rest or meal, weekly working hours, weekly holiday, spread over, night shift, overtime, further restrictions on women’s working hours, notice of periods of work, special provisions as to shops, casual leave, sick leave, annual leave with wages, festival holidays, calculation and payment of wages for leave
    14. Wages and its payment: Definition of wages, responsibility for payment of wages, fixation of wage-periods, time of payment of wages, authorized deductions from wages, unauthorized deductions from wages, relief in the case of unauthorized deductions
    15. Wage Board: Establishment of Minimum Wage Board, recommendation of minimum wages for certain categories of workers, special provisions for newspaper workers
    16. Compensation for accidental injuries: Employers liability to pay compensation, amount of compensation, calculation of wages, distribution of compensation, notice and claim, medical examination, resolution of certain disputes by labour court, appeal
    17. Trade unions and industrial relations: Extraordinary definition of worker, trade unions of employers and workers, registration, certificate of registration, cancellation of registration, incorporation of registered trade unions, unfair labour practices on the part of the employers and workers, indemnity from certain legal proceedings, registration of trade union federations, submission of returns, collective bargaining agent, participation committee
    18. Dispute resolution, Labour Court, Labour Appellate Tribunal, legal procedure etc.: Raising of industrial disputes, resolution of industrial disputes, strike and lock-out, cessation of industrial disputes, Labour Court, jurisdiction and procedure of Labour Court and Labour Appellate Tribunal, illegal strike or lock-out
    19. Workers participation in company’s turnover: Applicability of the chapter, participation fund, welfare fund, management of these funds, investment and allocation of participation fund
    20. Provident fund
    21. Offences, penalties and procedure: Penalties and procedures in case of breach of different provisions of the Act.
    22. Labour policy of the Bangladesh Government

     

    Statute:

    The Bangladesh Labour Act, 2006 (Bangladesh Srama Ain, 2006)

     

    Books Recommended:

    A. A  Khan : Labour and Industrial Law
    A.K.M. Mohsinuddin Chowdhury : Labour and Industrial Laws of

      Bangladesh

    Bangladesh Legal Aid and Services Trust (BLAST) : Lacunae in Labour Laws: Towards

      Timely Disposal of Labour Cases

    Citrine : Trade Union Law
    Copper : Outlines of Industrial Law
    Dhaka Law Reports (DLR) : Bangladesh Labour Code
    D. S. Chopra : Industrial and Labour Law
    Flanders and Clegg : The System of Industrial Relations in

      Great Britain

    Happy and O. Higging : Industrial Employment Law
    Iqbal Ahmed : Basic Labour Laws of Bangladesh
    K. D. Srivastava : Industrial Employment
    Md. Abdul Halim : Text Book on Labour and Industrial

      Law

      : The Manual of Labour and Industrial

      Laws

    M. Shafi : Industrial Disputes – Ordinance and

      Rules with Commentary

      : East Pakistan Labour Code
    M. G. Saadullah Mumtaz : Digest on Labour Cases
    N. D. Kapoor : Labour and Industrial Law
    Nirmalendu Dhar : Labour and Industrial Laws in

      Bangladesh

    Pakistan Legal Decisions (P.L.D) : Pakistan Labour Code
    Rajani K. Das : Principles and Problems of Indian  Labour Legislation
    S. Khan : Commercial and Industrial Law
    S. M. Chaturvedi : Labour and Industrial Law
    V. G. Goswami : Labour and Industrial Laws

     

    LAW 112:    Law of Equity, Trust and Specific Relief Act          

                      3 Credits

     

    Law of Equity

    1. Common Law: Origin and Development of Equity
    2. Nature and Definition of Equity: Courts of Equity: Composition. Powers and Functions of the Courts of Equity. Application of Equity Jurisdiction in Bangladesh.
    3. Relation between Law and Equity : Equitable Estate and its Relation to Legal Estate
    4. Twelve Maxims of Equity; some important equitable doctrines
    5. Equitable Remedies: Specific Performance. Injunction and Receiver

    Trust

    1. Origin and Development of Trust
    2. Nature and Definition of Trust : Classification of Trust : Creation of Trust ; Three Certainties
    3. Trustee; Appointment, removal, Powers, Functions, Duties and Obligations of Trustee
    4. Beneficiary ; Rights and Liabilities of Beneficiary
    5. Breach of Trust and Remedies of Breach of Trust.

     

     

    Specific Relief Act, 1877

    1. Extent, Scope and Application of the Act
    2. Preliminary, Specific relief, how such relief is given
    3. Recovery of possession of property
    4. Specific performance of contract, Contracts which cannot be specifically enforced, persons for and against whom contract may be specifically enforced, discretion and power of the court.
    5. Rectification, rescission and cancellation of instrument
    6. Declaratory decree as specific relief, preventive relief
    7. Appointment of receiver
    8. Injunctions—perpetual, temporary, mandatory

    Statutes:

    1. Trust Act, 1882
    2. Specific Relief Act, 1877

    Books Recommended:

    Annand & Iyers : The Law of Specific Relief
    B. M. Gandhi : Equity, Trust and Specific Relief
    D. D. Basu : Equity, Trust and Specific Relief
    D. F. Mulla : Indian Limitation Act
    Dhaka Law Reports (DLR) : The Specific Relief Act
      : Limitation Act, 1908
      : Law on Injunction
    Elmer Donan (ed.) : Equity and Trust Textbook
    E. W. Maitland : Equity
    G. W. Keeton : An Introduction to Equity
    G. W. Keeton and L.A. Sheridan : The Law of Trusts
    H. G. Hanbury : Modern Equity
    N. D. Basu : Law of Injunction
    O. P. Agarwal : Law of Specific Relief in India and

      Pakistan

    R. G. Chaturvedi : Treaties on Injunctions
    R. S. Akbar Khan : The Specific Relief Act
    S. C. Banerjee : Law of Specific Relief
    Sarder Iqbal Khan : Law of Trusts
    S. Aiyar & Krishnamurthi : Principles and Digest of Trust Laws with

      Wakf Laws and Model Deeds

    Shaukat Mahmood : The Specific Relief Act
    Siddiqur Rahman Miah : Law of Injunction
      : Condonation of Delay
    Sir A. Underhill : Law of Trusts
    Snell : Principles of Equity
    S. Sarker : Specific Relief Act

     

    LAW 114:    Land Laws of Bangladesh 

                      3 Credits

     

    History of Land Laws: Grant of Dewani—The Bengal Zamindars, their growth and incidents, Law relating to permanent Settlement- its critical analysis

    Revenue Law: Law relating to revenue-free lands – Patni taluks-their incidents. Law relating to sale of tenures for arrears of revenue-short history of the law ; sale notification, notice, appeals regarding sale-setting aside of sale-powers of the Civil courts.

     

    Law relating to Alluvion and Diluvion.

     

    Law Relating to Landlords and Tenants: Short history of Tenancy Laws-extent and application- classes of tenants. Sale for arrears-setting aside sale.

    State Acquisition and Tenancy Act : Definition, Acquisition of the interest of a rent-receiver and consequences thereof; — Preparation of Record of Rights– assessment of compensation ; Provisions relating to arrears of revenue, rent and fees; Incidents holdings of raiyats,– transfer, purchase and acquisition of lands : provisions as to enhancement and reduction of rent— amalgamation, sub-division and consolidation of holdings : Maintenance of the record of rights ; Jurisdiction – appeal, Revision and Review.

     

    Law relating to Non-agricultural tenancy: Definitions, classes of non-agricultural tenants-tenancies held by a non-agricultural tenant ; Incidents of non-agricultural tenancies-under-tenants ; provisions as to transfer of non-agricultural lands – Judicial procedure.

     

    Statutes:

    1. The Non Agricultural Tenancy Act 1949
    2. The Non Agricultural Tenancy Rules 1950
    3. The State Acquisition and Tenancy Act 1950
    4. The State Acquisition and Tenancy Rules 1951
    5. Land Limitation Order & Rules 1972
    6. Land Development Tax Ordinance & Rules 1976
    7. Land Reform Ordinance & Rules 1984

     

    Books Recommended:

     

    Abdul Malek : Law of Khatian
    Abdul Matin : Law on Pre-emption
    B. L. Bhowmik : Law on Pre-emption
    D. C. Bhattacharya : Enemy (Vested) Property Laws in Bangladesh
    Dhaka Law Reports (DLR) : The Easements Act
      : Acquisition and Requisition of Immovable

      Property Manual

      : Non Agricultural Tenancy Act
    Hamid Ashraf : Land Laws of East Pakistan
    L. Kabir : Land Laws of Bangladesh
    M. Ansar Uddin Sikdar : Land Laws and Land Administration

      Manual

    M. Hossain :East Bengal Non-Agricultural Tenancy

      Act, 1949

    Ministry of Land : Land Administration Manual
    M. I. Faroqui :Law of Abandoned Property
    Mridulkanti Rakshit : Laws on Pre-emption in Bangladesh
    Md. Mahbubur Rahman : Acquisition and Requisition of Immovable

      Property Manual

    Mridulkanti Rakshit : The Land Laws of East Pakistan
    Professor A. A. Khan : Land Laws of Bangladesh
    T. Hussain : Land Rights in Bangladesh

     

     

     

     

    LAW 116:    Company Law and Partnership Act           

                      3 Credits

     

    Company Law

    History of Company Law; Birth of Company; Promoters; Registration and incorporation; Kinds of companies and other Trading Bodies – Definition of company, Characteristic of a company, nature of corporate entity, lifting corporate veil- Memorandum of Association- meaning, clauses, doctrine of ultra vires, Effects of ultra vires transaction – Article of association-contents of articles, alteration of articles, doctrine of indoor management-its scope and application – Prospectus-definition, contents, statements in lieu of prospectus, remedies for misrepresentation – Share allotment, share certificate, transfer of share, allotment of shares, calls on shares, forfeiture of shares, lien on shares – Share holders and members-definition, liability of members. Rights of Minority shareholders – Share Capital- kinds, alteration – Directors- appointments, qualification, removal, power and duties, remuneration. Managing Agents, Rights and Powers – Meetings, classification, notice – Dividends-accounts and audits. Debenture-classification – Winding up-types of winding up of Company – Capital Market Regulatory Laws

    Statutes:

    1. The Companies Act, 1994
    2. Banking Companies Act, 1991

    List of leading cases concerning this course will be discussed by the teacher concerned.

    Books Recommended:

    Ashok K. Bagrial : Company Law
    Avtar Singh : Company Law
    Charlesworth : Company Law
    Dr. M. Zahir : Company and Securities Laws
    H. Rajak : Sourcebook of Company Law
       
    L.C.B. Gower : The Principles of Modern Company
    M. M. Ali : Company Act, 1994
    Nirmalendu Dhar : Company Law
    Nirmalandu Dhar : Company Law &Partnership Law
    Palmer : Company Law
    P. Lipton & A. Herzberg : Understanding Company Law
    Ramaiya : Company law
    Shaukat Mahmood : Company Law

     

    Law of Partnership

    Essentials Elements of Partnership – Registration of the Firm – Liabilities of the Partner and Outsider – Difference between Partnership Firm and Company and joint Hindu family – Relations of partners to one another – Relations of partners to third parties – Incoming and outgoing partners- Dissolution of an Firm and Consequences –

    The Partnership Act, 1932

     

    Books Recommended:

    A K Sing : Commercial and Industrial Law
    Avtar Singh : Principles of the Law of Sale of Goods and

      Hire Purchase

    Charlesworth : Business Law
    D.F. Mulla : The Law of Sale of Goods & the

       Partnership Act

    Jain and Jain : Mercantile Law
    K B Abbas : The Negotiable Instrument Act
    M.C. Kuchhal : Mercantile Law
    N D Kapoor : Business Law
    Sen and Mitra : Commercial Law

     

     

     

     

    LAW 118:    Constitutional Law of Bangladesh       

                            3 Credits

     

    Introduction: definition, scope and nature of Constitution and Constitutional Law; concept of state; organs of government,, executive legislature, and judiciary

    Forms of Government: democracy, autocracy, unitary and federal systems, parliamentary and presidential form of government

    General theories & principles of constitution with particular reference on Rule of Law & Separation of Powers and Classification of constitutions

    Concept of Responsible Government and Ministerial Responsibility

    Constitutional Supremacy and Parliamentary Supremacy with particular reference on Martial Law Jurisprudence & Judicial Review

    Introduction to Bangladesh Constitution: Historical Background, The Proclamation of Independence, Basic Characteristics, Preamble and its implication

    Fundamental Principles of State Policy under the Constitution of Bangladesh and its justifiability

    Fundamental Rights under the Constitution of Bangladesh and its enforcement

    The Executive: The President-Election, status, Powers and Functions, Ordinance making power of the president, Impeachment

    The Prime Minister and the Cabinet, Non-Party Caretaker Government, Provisions relating to Local Government

    Parliament: Power and extent of Legislative Authority, Formation, Duration, Functions of parliament

    Qualification and disqualification of Members of Parliament, Vacation of Seats, Women Reservation Seats, Floor Crossing

    Speaker and Deputy Speaker, Law making procedure and financial procedure of parliament

    Ombudsman: Appointment, Rationality, Principles, Powers and Functions etc

    The Judiciary: composition, structure, jurisdiction and powers of Supreme Court, appointment of judges, independence of judiciary, Supreme Judicial Council, Writs and its Classification, judicial review, Office of the Attorney General

    Composition, powers and functions of the Election Commission, Public Service Commission

    Emergency provisions under Bangladesh Constitution

    Amendment procedure of Bangladesh Constitution, Glimpse on all amendments, 8th Amendment and Basic Structure Doctrine

    Office of Profit: Definition, nature, rationality

    Status of International Treaty under the Constitution of Bangladesh

    Statue:

    The Constitution of the People’s Republic of Bangladesh, 1972

    List of leading cases concerning this course will be discussed by the teacher concerned.

    Books Recommended:

    A. K. Brohi : Fundamental Law of Pakistan
    Ali Ahmed : Theory and Practice of Bangladesh Constitution
    A. V. Diecy : Introduction to the Study on the Law of

       Constitution

    A. K. M. Shamsul Huda : The Constitution of Bangladesh
    A.S. Chaudhury : Law of Writs
    Bangladesh Legal Decisions (BLD) : Constitution 8th Amendment Case Judgment
    Dilara Choudhury : Constitutional Development in Bangladesh:

      Stresses and Strains

    F.K.M.A. Munim : Rights of the Citizens under the Constitution

       and Law

    Ivor Jennings : Law of the Constitution
    Justice Mustafa Kamal : Bangladesh Constitution: Trends and Issues
    Justice Latifur Rahman :The Constitution of Bangladesh with Comments

      and Case-Laws

    Mahmudul Islam : Constitutional Law of Bangladesh
    Md. Abdul Halim : Constitution, Constitutional Law and Politics:

       Bangladesh Perspective

    O’Hood Phillips : Constitutional and Administrative Law
    S. M. Hasan Talukder: :History of Constitutional Development:

      Bangladesh Perspective

      : Independence of Judiciary in Bangladesh: Law

      and Practice

     

     

     

    LAW 200:    Law of Crimes

                      4 Credits

     

    Introduction: definition of crime, origin and development of Hindu and Muslim Criminal Jurisprudence, Introduction of penal code in 1860, development of criminal law in Indian sub-continent, Actus reus, mental elements of crimes, intention, motive, mens rea, knowledge, innocence, mistake of fact, mistake of law- General terms and explanations – Punishments -General exceptions from criminal liability: mistake of fact, accident, judicial acts, absence of criminal intention, consent and private defence  – Abetment  – Criminal Conspiracy  -Offences against the state  -Offences against public tranquility – Offences by or relating to public servants- False evidence & offences against public justice  – Offences relating to coin and Government stamps – Offence relating to weight and measures – Offence relating to public health and Safety, Convenience, decency  and moral – Offences relating to religion  – Offences affecting the human body  – Attempt to commit offences  – Offences against property  – Offence relating to Documents: Trade and Property Marks, Currency and Bank Notes, Criminal Breach of Contract of Service – Offences relating to marriage  – Defamation  – Criminal intimidation, insult and annoyance – Offences affecting the human body – Offences under the special laws

    Statutes:

    1. Penal Code, 1860
    2. The Special Powers Act, 1974
    3. The Arms Act, 1878
    4. The Explosives Act, 1884
    5. The Explosive Substances Act, 1908
    6. Nari-O-Shisu Nirjatan Daman Ain, 2000
    7. The Dowry Prohibition Act, 1980
    8. Acid Oporadh Daman Ain, 2002
    9. The Prevention of Corruption Act, 1947
    10. The Criminal Law Amendment Act, 1958
    11. The Anti Corruption Act, 1957
    12. The Anti Corruption Commission Act, 2004
    13. The Narcotics Act, 1990

    List of leading cases concerning this course will be discussed by the teacher concerned.

    Books Recommended:

    Abdul Matin : The Anti-Corruption Laws of Bangladesh
    Abdul Matin : The Penal Code
    Ansaruddin Sikder : Law of Crimes
    A.N.M. Khaled Chowdhury : Law on Corruption
    Dhaka Law Reports (DLR) : The Penal Code, 1860
      : Special Powers Act
    H.S. Gour : The Penal Code
    Khondaker Md. Abu Bakar : The Anti-Corruption Laws
    L. Kabir : Lectures on Penal Code with leading

      cases

    Mainstream Law Reports (MLR) : Law of Arms and Explosives
    Md. Jahangir : Law on Explosive Substances Act and

      Arms Act

    Muhammad Mahbubur Rahman : Nari-O-Shishu Nirjatan Daman Ain
    Ratanlal & Dhirajlal : The Indian Penal Code
    Shaukat Mamood : Pakistan Penal Code
    Zahirul Huq : The Penal Code

     

     

     

    LAW 202:    Law of Transfer of Property, Public Demand Recovery Act, Registration and Limitation Act

                       3 Credits

    Transfer of Property Act:

    Definition, object and extent of applicability. Transfer of property inter vivos, Classification of Property General rules governing the transfer of movable and immovable property. Transfer of property. What cannot be transferred. Valid and invalid conditions and limitations on transfer. Transfer to unborn person. Vested interest and contingent interest. Condition precedent and condition subsequent Election. Apportionment. General rules governing transfer of immovable property. Transfer by person authorized only under certain circumstances to transfer. Burden of obligation imposing restrictions of the uses of land or annexed to ownership. Transfer by ostensible owner. Transfers by unauthorized person who subsequently acquires interest. Transfer by co-owners of share in common property – priority of rights created by transfers. Rent bona fide paid to holder under defective title. Improvements made by holder under defective title. Lis pendens, Fraudulent Transfer. Part performance- Sales of immovable property. Mortgages of immovable property. Charges. Lease of immovable property. Exchange. Gift. Transfer of actionable claim.

     

    Statutes:

    Transfer of Property Act, 1882

    General Clauses Act, 1897

    List of leading cases concerning this course will be discussed by the teacher concerned.

    Books Recommended:

    Abdul Matin : Law of Transfer of Property
    B. B. Mitra : Transfer of Property Act
    D. F. Mulla : Transfer of Property Act
    Dhaka Law Reports (DLR) : Transfer of Property Act
    G. P. Tripathi : The Transfer of Property Act
    Kazi Abdul Aziz : Law of Transfer of Property
    Muhammad Akbar Awan & Ehsanullah Khan Lilla : The Transfer of Property Act, 1882
    N. H. Jhabvala : Law of Transfer of Property
    Rashbehary Ghosh : The Law of Mortgage in India
    Shaukat Mahmood : Transfer of Property Act
    S. N. Shukla : Transfer of Property
    Vepa P. Sarathi : Law of Transfer of Property

     

    Law of Public Demands Recovery

    Execution of certificates: attachment; sale; setting aside sale; disposal of proceeds of execution; resistance to purchaser after sale; arrest, detention and release – Reference to civil court – Rules  – Supplemental provisions – Appeal, Bar to Second Appeal, revision, Review, application of Limitation Act, Penalties

     

    Law of Registration

    Enforcing the appearance of executants and witnesses – Presenting wills and authorities to adopt – Deposit and disposal of wills – Effects of registration and non-registration – Powers and duties of Registering Officers – Copying of documents by means of photography – Refusal to register, Remedies – Penalties

    Law of Limitation

    Object, Interpretation and application of the Limitation Act – Limitation of suits, Appeals and Applications- Computation of period of Limitation- Extension and exemption of Period of Limitation— Suspension of Limitation—Waiver of Limitation— Effect of Fraud and Acknowledgement on Limitation—Adverse possession—Acquisition of easement rights—Limitation in suits for recovery of Land.

     

    Statute:

    The Registration Act, 2005

    The Public Demand Recovery Act, 2001

    The Limitation Act, 1908

     

    Books Recommended:

     

    D. F. Mulla : Indian Limitation Act
    Dhaka Law Reports : Limitation Act, 1908
      : Public Demand Recovery Act
      : Registration Act
    D R Dhangin : Registration Act
    Gazi Shamsur Rahman : Public Demand Recovery Act
    Pakistan Legal Decisions : The Limitation Act
    S C Sarkar : Public Demand Recovery Act
    Shaukat Mahmood : Law of Limitation
    Siddiqur Rahman Miah : Condonation of Delay
    Sultan Ahmed : Public Demand Recovery Act
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    Avãyj nvwg` : ‡iwR‡÷ªkb AvBb `c©Y I mswkøó Ab¨vb¨ AvBb

     

    LAW 204:    Public International Law

                      3 Credits

    1. International Law — Definition, Nature, Characteristics, Scope and Utility
    2. Origin and Development of International Law
    3. Relation between International Law and Municipal Law, Application of International Law in State Territories –practice as to such application in different states.
    4. Sources of International Law
    5. Recognition of States: Recognition of States and Governments. Recognition de jure and de facto, Legal effects of Recognition.
    6. State Responsibility under International Law.
    7. State Succession.
    8. Law of Treaties; – nature and functions of Treaties, parties to Treaties, conclusion and entry into force of Treaties, interpretation of Treaties;
    9. Diplomatic and consular law – functions of diplomatic missions, diplomatic privileges and immunities;
    10. Concept of laws and customs of war, Neutrality, Extradition, Asylum
    11. Pacific settlement of International disputes;
    12. Law of the sea – Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ) Continental Shelf, Freedom of the high seas, Concept of common heritage of mankind (deep sea bed – ocean floor, sub – soil thereof, and resources).
    13. Law of the Rivers.
    14. International Organization: History, establishment of League of Nations, UNO, Organs of UNO specially ICJ

     

     

    Books Recommended:

     

    A. Pearce Higgins & C.J. Colombos : The International Law of the Sea
    Briggs : The Law of Nations
    Fenwick : International Law
    Green : International Law Through the Cases
    Gurdip Singh : International Law
    H. Lautherpacht (ed.) : Oppenheim’s International Law, A

      Treatise

    Harun Rashid : International Law
    Ian Brownlie : Principles of Public International Law
    John Basset Moore : A Digest of International Law
    J.G. Starke : An Introduction to International Law
    J. H. Brierly : The Law of Nations
    John Strawson : Public International Law
    M. Habibur Rahman : Delimitation of Maritime Boundaries
    Malcom. N. Shaw : International Law
    Muhammad Jamiruddin Sircar : Glimpses of International Law
    Michawl Akehurst : A Modern Introduction to International  Law
    M.P.Tandon : Public international Law
    Mark W. Janis : An Introduction to International Law
    Rosalyn Higgins : International Law and How We Use It:

      Problems and Process

    Schwarzenberger : International Law as Applied by

      International courts and Tribunals

    S.K.Kapoor : International law and Human Rights
    To Ellas : New Horizon in International Law
    William W Bishop : International Law, Cases and Materials
    Werner Levi : Contemporary International Law

     

    LAW 206:    The Code of Civil Procedure

                      3 Credits

    Procedural and Substantive law – Definition and organization of Civil Courts in Bangladesh –  Jurisdiction of the Courts, – stay of suits – res-judicata – res sub judice – Suit by and against Government, Inherent power of court –  Place of suing, and proceedings – Parties to suits, mis joinder and non joinder of parties –  Framing of suits, joinder of causes of action –  Recognised agents and advocates –  Issue and Service of summons – Pleading ,amendment of it, set-off – Appearance of Parties and consequences of non – appearance of parties – Framing of issues, incidental and supplemental proceedings—hearing , judgment and decree –Procedure in execution of decree, attachment and sale – Death, Marriage and insolvency of parties – Withdrawal and adjustment of suits – Special procedure in particular classes of suits; pauper suits, interpleaded suits, suit by or against minors and persons of unsound mind – Appointment of receivers and commissions – Temporary injunction and interlocutory orders

    Appeal , Review and Revision

    Statute:

    The Code of Civil Procedure, 1908

     

    Books Recommended:

    Awasthi : Stay Order & Temporary Injunction
    Ali Akbar Pramanik : Law of Injunction
    C. K. Takwani : Civil Procedure
    D. F. Mulla : Code of Civil Procedure
    Dhaka Law Reports : Ex parte Proceedings
      : Law on Injunction
    Lokman Hossain : CPC in Practice
    M. C. Sawker : The Code of Civil Procedure
    M. M. N. Nizami : Code of Civil Procedure
    Mridulkanti Rakshit : Civil Court Practice and Procedure
    Mukherjee : Civil Appeals
    Naimuddin Ahmed : Civil Procedure Code
    N. D. Basu : Law of Injunction
    Rashbehary Ghosh : Introduction to the Civil Procedure Code
    R. G. Chaturvedi : Treaties on Injunctions
    S. C. Sarker : The Law of Civil Procedure
    Shaukat Mahmood : The Law of Civil Procedure
    Siddiqur Rahman Miah : Manual of Practical Instructions for the Conduct of Civil Suit
      : Commentary on Civil Rules and Orders
      : Law of Injunction
    The Gov.t of Bangladesh : Civil Suits Instructions
      :Civil Rules and Orders

    LAW 208:    Mercantile Law 

                      3 Credits

     

    Law of Sale of Goods

    Introduction: object and scope of the Sale of Goods Act, 1930, definitions – Formation of the Contract – Condition and warranties – Effects of the contract, caveat emptor – Transfer of Property – Hire purchase- Performance of the contract  – Rights of unpaid seller – Suit for breach of the contract

    Law of Carriage of Goods

    Carriage by Land: Classification and Characteristics of Carrier, Common Carrier and Private Carrier, Rights, Duties and Liabilities of a Common Carrier. Railway as a Carrier, Its Rights, Duties and Liabilities

    Carriage by Sea: The Contract of Affreightment, Charter Party and Bill of Landing, Duties and Liabilities of a Carrier by Sea

    Carriage by Air: International Carriage by Air, Warsaw Convention and Hague Protocol; Rules Relating to Liability and Quality of Damages, Internal Carriage by Air

    Law of Negotiable Instruments

    Essential Features of Negotiable Instruments. Promissory Notes, Bill of Exchange, Cheques, Kinds of Cheque, Holder in due Course. Negotiation and Endorsement. Defective Title. Liability of the Parties. Dishonor of Negotiable Instruments

    Law of Insurance

    Contract of Insurance, Good Faith, Indemnity, Insurable Interest, Risk, Causa Proxima, Premium, Contribution and Subrogation, Mitigation of Loss, Types of Insurance, Double Insurance, Re-insurance. Life Insurance and Types of Life Insurance, Difference between Life and Property Insurance. Assignment, Nomination, Payment of Claims, Effects of Suicide. Requisites of a Marine Insurance, Voyage and Duration. Fire Insurance. Types of fire Policies. Insurance against personal Accident

    Law of Bankruptcy

    History and objectives of Bankruptcy Act of 1997- Grounds of adjudging bankruptcy- Act of Bankruptcy –  Plaint and Adjudication – Discharge and Un-discharged –Bankrupts – Disqualification of Un-discharged Bankrupt.- Bankruptcy Court- Order of adjudication- Duties of the debtor- Effect of order of adjudication- Interim proceedings upon adjudication- Appeal, Review- Administration of property- Offences and penalties.

    Law of Arbitration

    Elements of Arbitration – Types of Arbitration – Statutory Arbitration – Appointment of Arbitrators. Arbitration Agreement – Revocation of Authority. Removal of Arbitrators. Powers of Arbitrator. The Powers of the Arbitral Tribunal – Enforcement of Arbitral Award.

    Statutes:

    1. The Sale of Goods Act, 1930
    2. The Railway Act, 1890
    3. The Bills of Lading Act, 1856
    4. The Motor Vehicles Act, 1939
    5. The Carrier Act, 1865
    6. The Carriage of Goods by Sea Act, 1925
    7. The Carriage by Air, 1934
    8. The Negotiable Instrument Act 1881
    9. The Insurance Act, 2010
    10. The Marine Insurance Act, 1908
    11. The Bankruptcy Act, 1997
    12. The Partnership Act, 1932
    13. The Arbitration Act, 2000

    Books Recommended:

    A K Sing : Commercial and Industrial Law
    Avtar Singh : Principles of the Law of Sale of Goods and

      Hire Purchase

      : Mercantile Law
      : Principles of Mercantile Law
    Charlesworth : Business Law
    Dhaka Law Reports (DLR) : Sale of Goods Act, 1930
    D.F. Mulla : The Law of Sale of Goods & the

      Partnership Act

    Jain and Jain : Mercantile Law
    K B Abbas : The Negotiable Instrument Act
    M C Shukla : Mercantile and Industrial Law
    M.C. Kuchhal : Mercantile Law
    N D Kapoor : Business Law
    P.P.S. Gogna : A Text Book of Mercantile Law
    Sen and Mitra : Commercial Law
    S. K. Das Gupta : Mercantile Law

     

     

     

    LAW 210:    The Code of Criminal Procedure

                      4 Credits

     

    Introduction: historical background of the Code of Criminal Procedure, 1898, scope and extent of its application, general expressions – Definitions – Constitution of Criminal Courts – Jurisdiction and power of criminal courts – Aid and information to the Magistrates, the police and persons making arrests – Arrest generally, arrest without warrant – Process to compel appearance: Summons. Warrant of arrest, proclamation and attachment, other rules regarding processes – Summons to produce search warrant, general provisions relating to searches – Security for keeping the peace and for good behavior – Unlawful assemblies – Public nuisances, temporary orders in urgent cases of nuisance or apprehended danger – Dispute as to immoveable properties – Preventive action of the police – Information, investigation and inquiry, place of inquiry or trial – Complaint to Magistrate – Commencement of proceedings before Magistrate – Framing of charge – General provisions as to inquiries and trials – trial by Magistrates – Summary trials – trial by Courts of secessions – Judgment – Submission of sentences for confirmation – Executions, suspensions, remissions and computations of sentence, previous acquittal or conviction -Appeal, Reference and Revision – Proceedings in case of certain offences affecting the administration of justice – Public prosecutor – Bail – commission for examination of witnesses – special rules of evidence – provisions as to bands – disposal of property under custody – Transfer of criminal cases – Irregular proceedings – Miscellaneous

    Statute:

    The Code of Criminal Procedure, 1898

     

    Books Recommended:

     

    Abdul Matin : The Code of Criminal Procedure with

       Criminal Rules and Orders

    Ansaruddin Sikder : The Code of Criminal Procedure
    Bangladesh Law Times : BLT’s Reference on Code of Criminal

      Procedure

    B. B. Mitra : The Code of Criminal Procedure
    Dhaka Law Reports : Special Powers Act
      : Law on Bail
    J. N. Mallik : Ganguly’s Criminal Court Practice &

      Procedure

    Mahendra Singh Adil : A Guide to FIR
    Md. Zahurul Islam : The Code of Criminal Procedure
    M. M. Hassan Nizami : The Code of Criminal Procedure
    Muhammad Mahbubur Rahman : Nari-O-Shishu Nirjatan Daman Ain

     

    Muhammad Sohul Hossain : Cr. P. C. Today
    Ratanlal & Dhirajlal : The Code of Criminal Procedure
    S. C. Sarkar : The Law of Criminal Procedure
    Shawkat Mahmud : The Code of Criminal Procedure
    Siddiqur Rahman Miah : Commentary on Criminal Rules and Orders
      : FIR, Arrest, Search, Seizure, Recovery and

      Investigation

    Zahurul Haq : Law and Practice of Criminal Procedure

     

     

     

    LAW 212:          Law of Evidence

    4 Credits

    Contents:

    Preliminary –Evidence- Oral and Documentary Evidence, Applicability of Evidence Act, Presumption, May Presumption. Shall Presumption, Conclusive Proof, Mode of Proof, Judicial Notice, Fact – Proved, Not Proved, Disproved, Different kinds of Evidence etc

    Of the Relevancy of facts, Facts in Issue and Relevant Facts

    Admissions, Confession, Confession to Police Officer

    Statements by Persons who can not be called as witnesses, Dying Declaration

    Statements made under special Circumstances

    How much of a Statement is to be proved

    Judgments of Courts of Justice when relevant

    Opinion of third persons when relevant , Expert Opinion

    Character when relevant, Character of the Parties relevant in cases or suits

    Fact Judicially noticeable need not be proved

    Of Oral Evidence

    Of Documentary Evidence, Primary and Secondary Evidence

    Public and Private Documents

    Presumption as to Documents

    Accomplice, Corroboration, Rebutable and Irrebutable Evidence, Circumstantial Evidence, Substantive Evidence, Hostile Witness, Refreshment of Memory of the witnesses etc.

    Of the Exclusion of Oral by Documentary Evidence

    Of the Burden of Proof or Onus of Proof, Special Knowledge

    Estoppel, Compliance of Witnesses

    Of Witnesses, Number of Witnesses, Competency of Witnesses, Weight of Witnesses or evidences.

    Of the Examination of Witnesses, Examination in Chief, Cross Examination, Re-Examination and Further Cross, Purpose of Examination in Chief and  Cross Examination, Leading  Question

    Of Improper Admission and Rejection of Evidence

    Application of Medical Jurisprudence as evidence in criminal cases

     

    Statute:

    The Evidence Act, 1872

    Books Recommended:

    Abdul Karim : The Evidence
    Best : Principles of the Law of Evidence
    Chandra Bhushan Upadhya : Digest on Law of Evidence
    Dhaka Law Reports(DLR) : The Evidence Act, 1872
    G.D. Noades : Introduction to Evidence
    Heydon : Evidence: Cases and Materials
    M. Ansaruddin Sikder : Law of Evidence
    M. Monir : Law of Evidence
    Muhammad Nazrul Islam : Reflections of the Law of Evidence
    Powell :Principles and Practices of the Law of Evidence
    Ratanlal & Dhirajlal : Law of Evidence
    Rupert Cross : Evidence
    Sarkar & P. Manohar : Evidence
    S.L. Phipson : Law of Evidence
    S. K. Shanglo : The Principles of Benefit of Doubt
    S. P Sen Gupta : Law of Evidence
    Starkie : Law of Evidence
    Vepa P. Sarathi : Elements of Law of Evidence
    Wills : On the Law of Evidence

     

    LAW 214:    Fiscal Laws of Bangladesh

                      3 Credits

     

    Definition—Different types of Assesses—Status &Liabilities of Assesses Income, Exemptions and other Concessions—Determination of total Income and Taxable Income—Different Heads of Income—Income tax authorities—Appeals, revisions –Provident funds—Advanced payment of tax—Deduction of tax at Source—Assessment procedure, Re-assessment, Assessment of Individuals and Firms—Tax holding –Penalties for recoveries—Gift Tax Act- Definition of Asset – VAT (Value Added Tax): Meaning of VAT, Feathers of VAT, Types of Taxable Value of VAT, Taxable Goods and Services. Exemptions, Responsibilities as a Tax payer under VAT, Accounting and Books to are Maintained Compulsorily, Tax Collection and Payment application of VAT. Offences and penalties, appeal, Draw Back for Imported Goods, Effect of VAT

     

    Statutes:

    1. Income Tax Ordinance, 1984
    2. Government of Bangladesh : Income Tax Manual Part- I
    3. Government of Bangladesh : Income Tax Manual Part- II
    4. Income Tax Rules 1984
    5. Government of Bangladesh : Finance Act/ Ordinance
    6. Gift Tax Act 1990
    7. Government of Bangladesh : Value Added Tax

    List of leading cases concerning this course will be discussed by the teacher concerned.

    Books Recommended:

    Abu Amjad : Income Tax Manual (English & Bengali)
    Dhaka Metropolitan Chamber of Commerce and Industry : Study Manual of Taxation
    ICMA : summery of Taxation Rules in Bangladesh
    A.N. Aiyer : Income Tax Pleadings, Practice & Procedure
    Khawja Amjad Syed : Income Tax (Law and Practice)
    Naqui SM Raza : Law of Gift Tax
    Nurunnabi, M : Income Tax (Law and Practice)
    Sampat Iyenger : Law of Income Tax

     

    LAW 216:    Conveyancing and Drafting Pleadings

                      3  Credits

    1. Conveyancing
    1. Laws and principles of conveyancing
    2. Sale: Essentials of sale, drafting of sale deed, drafting deed of agreement to sell (baynanama)
    3. Mortgage: essentials of mortgage, drafting of mortgage deed
    4. Lease: essentials of lease, drafting of lease deed
    5. Gift/Heba: Essentials of Gift/Heba, drafting of gift/heba deed, drafting of heba-bil-ewaz deed
    6. Waqf/Trust: essentials of waqf/trust, drafting of waqf/trust deed
    7. Will/Wasiyat: essentials of will/wasiyat, drafting of will/wasiyat deed under Muslim Law and Hindu Law
    8. Power of Attorney: essentials of power of attorney, different kinds of power of attorney, drafting of power of attorney deed, principal & agent Revocation of power of Attorney
    9. Partnership: essentials of partnership, drafting of partnership deed
    10. Notice: essentials of notice, different kinds of notice, drafting of notice
    11. Tenancy: laws relating to tenancy, drafting of tenancy agreement
    12. Drafting of tri-partied -agreement
    13. Drafting of arbitration deed
    14. Drafting of compromise deed
    15. Drafting of deed of exchange
    16. Drafting of affidavit
    17. An overview of the Stamp Act, 1899 & the Registration Act, 1908 (so far they are relevant in respect of different kinds of deeds)
    18. Techniques of drafting opinion
    19. Drafting of opinion on any given problem(s)
    1. Drafting (Civil)
    2. Drafting of Pleading, Plaint & Written Statement
    3. Drafting of Application:

    for pre-emption

    for interlocutory order

    for amendment of pleading

    for restoration of a suit

    for setting aside ex-parte decree

    for execution of decree

    1. Drafting of Review Petition
    2. Drafting of Petition for Revision
    3. Drafting of Writ Petition
    1. Drafting (Criminal)
    2. Drafting of FIR
    3. Drafting of Complaint
    4. Drafting of Bail Petition
    5. Drafting of Memorandum of Appeal
    6. Drafting of Petition for Revision
    7. Drafting of Habeas Corpus Petition u/s 491 of the Code of Criminal Procedure, 1898
    8. Drafting of Quashment Petition u/s 561A of the Code of Criminal Procedure, 1898

     

    Books Recommended:

    A. B. Majumder : Plaints and Complaints
    A. S. Ramchandran Rao : Modern Commercial Draftsman
    Abdul Wahid Chaudhury : Laws Relating to Agreements
    Abbey and Richards : A Practical Guide to Conveyancing
    Behera : Better Drafting
    Charles Chatterjee : Methods of Research in Law
    C. R. Kothari : Legal Research: How to Find and

      Understand the Law

    Dhaka Law Reports (DLR) : The Registration Act
      : The Stamp Act
      : Partnership Act
      : Law of Conveyancing and Drafting
    H N Tewari : Legal Research Methodology
    Hargopal : Indian Draftsman, Guide to Legal

      Drafting

    Kate L. Turabian : A Manual for Writers of Term Papers,  

      Theses, and Dissertations by

       Majumder: Law Relating to Notices

    M. Mirza : Power of Attorney Act, 1882
    M. Zainul Abedin : A Book of Research for the fellows of M.

      Phill. and Ph.D. Programmemes

    Murali Monohar : The Art of Conveyancing and Pleading
    N. S. Bindra : Law of Conveyancing, Draftsman and

      Interpretations of Deeds

    P. C. Mogha : Indian Conveyancer
    P. C. Mogha : Law of Pleading
    Syed Naveed Abbas & Raja Muhammad Arif : The Power of Attorney Act, 1882
    The Government of the People’s Republic of Bangladesh : Civil Rules and Orders

     

    LAW 218:    Practical Training (Trial Advocacy and Moot Court Exercise)  

                            3 Credits

     

    1. Trial Advocacy (both Civil and Criminal) – 50 Marks (Written)

    Interviewing and Counseling of Clients – Client Interview Skills – Marshalling of Facts – Drafting of Legal Documents- Preparation for Opening and Closing Statement – Witness Examination Tactics – Cross Examination Art – Language of Examination – Direct and Cross Examination – Inconsistent Statement – Witness Control – Expert Witness Examination – Expert Witness and Rules – Qualifying Experts- Direct and Cross Examining Expert Witness – Credibility of Depositions of Witnesses – Framing of Arguments.

    The student will practically be taught the skill of advocacy in a mock courtroom in the following areas:

    (i) Court courtesy and manner (ii) Introducing documentary evidence (iii) Opening a case (iv) Examination of witnesses (v) Examination in chief (vi) Cross Examination (vii) Presentation of Argument (viii) Judgment

    1. Moot Court Exercise -50 Marks (Practical)

    Each student shall participate in mock trial organized by course teacher. Mock trial shall be divided into two parts, i.e., oral advocacy and written submission. The student shall make written submission on behalf of the party for whom he makes oral advocacy as assigned by the course teacher. The written submission shall be neatly written on one side of the bond size papers and bound together with a certificate signed by the course teacher to the effect that it is the bona fide work of the concerned student. The cover shall indicate details of the student.

     

    Method of assessment:

    The submissions of Moot courts shall be valued by the panel of judges (expert of the court proceedings) nominated by the Faculty/Department concerned.

     

    Books Recommended:

    Abdul Halim : A Guide to Conveyancing and Legal Drafting
    Bailey Rothblatt : Preparation and Defense of a Criminal Case
    Gary Bellow et. al. : The Lawyering Process
    Kenney F Hegland : Trail and Practice Skill
    Keith Evans : The Golden Rules of Advocacy
    Mauet : Trail Techniques
    Robert M Bastres et. at. : Interviewing Counseling and Negotiating Skill for Effective Representation

    Master of Laws (LL. M)

    Objectives

    The program aims to provide broad education in law and academic disciplines. It aims to develop in students a wide appreciation of relevant subjects and of their importance rigorous academic challenges of current law, and to train them to be excellent law practitioners.

    The student will be engaged in private practice, or work for government or law agencies. Their training in the Program gives them the preparation they need to solve the challenging tax problems they encounter.

    The program focuses on developing the capabilities to identify and grow new opportunities and integrates theoretical knowledge with the capacity to apply such knowledge in practice and innovation and the practice of innovation leadership.

    There are formal final examinations in most subjects and all works carried out in the program are considered in the overall assessment. A satisfactory record of class work will also be required at each stage.

    Duration of the Program

    The duration of the program will be 1 (one) academic year for students who have completed their LL.B (Hons.) degree with a minimum CGPA. 2.5 out of 4.00 or equivalent results.
    Students of LL.B (Preliminary & Final) degree holders can also be admitted in this program. In that case the program duration will be 2 (Two) academic years.

     

    Total Courses and Credit Hours

    Master of Laws (LL. M) 2 years program consists of 20 courses with a research and comprehensive viva voce having 66 credit hours. The 1 year LLM program consists of 10 courses with a research and comprehensive viva voce having 36 credit hours

    Applicant’s Eligibility

    Admission to the LL M program is selective. To apply for 1 (one) year LLM program students must have a LL B (Honors) degree and for 2 (two) years LLM program students must have LLB degree from any recognized university.  There is no provision for exemption under this program.

     

    Degree Requirements

    The LL M degree requirements are

    1. Completion of 20 courses (10 for 1 year program)
    2. Passing the comprehensive viva voce & Research Monograph

    (Minimum GPA 2.5)

    1. Completion of 66 credits hours (in case of one year it will be 36)

     

     

    Program Structure

    Type of Courses Number of Courses Credit Hours
    Core Courses 20 60.0
    Legal Research and Research Monograph 01 03.0
    Comprehensive Viva   03.0
        66.0

     

    Course Outline of Master of Laws (LL. M)

    LL M 1-1

    Course Code Course Title Credit Hours
    LAW 501 Criminology and Penology 3.0
    LAW 503 Administrative Law 3.0
    LAW 505 Judiciary in Bangladesh 3.0
    LAW 507 Environmental Law 3.0
    LAW 509 Intellectual Property Law 3.0
    Total 15

    LL M 1-2

    Course Code Course Title Credit Hours
    LAW 511 Interpretation of Statutes and General Clauses Act 3.0
    LAW 513 Comparative Law 3.0
    LAW 515 Principle of Civil Litigation 3.0
    LAW 517 Alternative Dispute Resolution (ADR) and Laws relating to Legal Aid 3.0
    LAW 519 Law of International Protection for Women and Children 3.0
      Total 15

    LL M 1-1 & 2-1

    Course Code Course Title Credit Hours
    LAW 601 International Human Rights Law 3.0
    LAW 603 Law of International Organization 3.0
    LAW 605 International Humanitarian Law & Refugee Law 3.0
    LAW 607 Law on Good Governance 3.0
    LAW 609 Real Estate Law 3.0
      Total 15

     

    LL M 1-2 & 2-2

    Course Code Course Title Credit Hours
    LAW 611 Comparative Family Law 3.0
    LAW 613 Law of Succession 3.0
    LAW 615 Law of the Sea 3.0
    LAW 617 Cyber Law and Telecommunication Law 3.0
    LAW 619 Investment Law and Competition Law 3.0
    LAW 621 Legal Research and Research Monograph 3.0
      Comprehensive Viva Voce 3.0
      Total 21

    .

    Course Description

     

    LAW 501:          Criminology and Penology

                            3 Credits

    Defining crime and criminological conceptions. Historical development of criminology. The idea of a science of criminology and its relationship with criminal acts.

    Crime as a Social Phenomenon

    Class, culture and subculture, economic condition. Labeling theories, control theory , theories of corporate crime, white collar crime, gang studies.

    Crime as an Individual Phenomenon

    Causation of crime, psychological and psychiatric explanation. Psychopathic .Child development and socialization of children in school and home.

     

    Penology

    Development of penal policy – Theories of punishment – forms of punishment and judicial sentencing – Police Administration -Prison administration -Criminal law Courts –Parole – Juvenile delinquencyExecutive clemency

     

    Statutes

    The Prevention of Corruption Act, 1947

    The Criminal Law Amendment Act, 1958.

    The Bangladesh Legal Practitioners and Bar Council Order, 1972

    The Children Act, 1974

    The Borstal Schools Act, 1928

    The Medical Practice and Private Clinic and Laboratories (Regulations) Ordinance, 1982

    The Anti-Corruption Act, 1957 and 2004

    The Prisons Act 1894

    The Prisoners Act, 1900

    The Probation of Offenders Ordinance, 1960

    The Police Act, 1861

     

    Books Recommended:

     

    Donald R. Taft                                    : Criminology

     

    G B Vold                                               : Theoretical Criminology

     

    Howard Jones                                     : Crime and the Penal System

     

    Korn and Recorkle                            : Criminology and Penology

     

    N V Pran Jape                                     : Criminology and Penology

     

    Paul W. Tappen                                  : Crime, Justice and Correction

     

    Quinney Richard                                : The Problem of Crime

     

    Southland and Cressey                     : Principles of Criminology

     

    W C Reckless                                       : The Crime Problem

     

    Winifred A Elkin                               : The English Penal System

     

     

    LAW 503:          Administrative Law

                            3 Credits

     

    The nature and scope of Administrative law – Its development in UK ,USA, France and Bangladesh – The legal status of administrative authorities:-The Prime Minister – the Ministers – civil servants – local authorities and regulatory agencies – Comparative study between Role of law and Administrative law – Decentralization of Administration: Local government –  its growth and evolution – The basic constitutional principle: Sovereignty of Parliament -Separation of Power – Rule of Law- Fundamental Rights – Power of Administration: Legislative powers – Legislation and delegated legislation- Judicial powers-Administrative tribunal and control of judicial powers and adjudication – Executive powers– rule making- policies- consultation-  allocation of function-  doctrine of ultra vires – Judicial control over administration: Administrative Tribunal – The Administrative Tribunals Act, 1980- Prerogative remedies- Locus standi- Various kinds of writs- Jurisdiction of the Supreme court of Bangladesh- Public interest litigation-

    Suo-moto- Contempt of court – Legislative Control: Legislature Ombudsman – Concept of natural justice    -Due process of law and its applicability in the court of law- Government has contractual and tortious liabilities – Liabilities of Government: Contractual liabilities – Contractual delegations – Tortious liabilities – Doctrine of vicarious liabilities Public Corporation: Characteristic- classifications- liabilities- workings- status and rights of public corporations-

    List of leading cases concerning this course will be discussed by the teacher concerned.

     

    Books Recommended:

    HWR  Wade                                                : Administrative Law

     

    Wade and Phillips                                      : Constitutional Law

     

    I P  Massey                                                   : Administrative Law

     

    C K  Takwani                                              : Lecturers on Administrative Law

     

    Durga Das Basu                                          : Administrative Law

     

    MP Jain and SN Jain                                : Principles of Administrative Law

     

    Justice C K Thaker                                    : Administrative Law

     

    SP  Sathe                                                       : Administrative Law

     

    O’Hood Philips                                           : Constitutional and

    Administrative

     

    YG Ram Chandraw                                   : Administrative Law

     

     

    LAW 505:          Judiciary in Bangladesh

                            3 Credits

     

    Introduction to the Judiciary of Bangladesh:

    History of the Judiciary – Outlines of the Current Judicial System – Executive Control over the Judiciary – Judicial Corruption – Delays in Disposal of Cases- Concepts of Judicial Independence: Separation of Powers and Judicial Independence –  Meaning and Elements of Judicial Independence –  Importance of Judicial Independence – Concepts of Judicial Accountability: Meaning and Objectives of Judicial Accountability –  Mechanisms of Judicial Accountability –  Relationship between judicial Independence and Judicial Accountability – Appointment of Judges: Criteria for Appointment: Merit Principle – Non-discrimination and Fair Representation –  Seniority – Political Considerations –  Mechanisms for Appointment : Exclusive Executive Power to Appoint Judges – Consultation with the Judiciary and Legal Profession – Use of an Independent Commission – Tenure of Judges: Security of Tenure of Judges – Changes of Tenure and other Terms and Conditions of Service – Part-time and Temporary Judges – Discipline and Removal of Judges:

    Causes for Discipline and Removal – Physical or mental Incapacity – Misconduct – Mechanisms for Discipline and Removal: Exclusive Executive Power – Parliamentary Approval – Involvement of the Judiciary through Investigation and /or Consultation –  Supreme Judicial Council – Use of an Independent Commission – Judiciary and the Media: Types of the Media and its Reporting on the Judiciary – Role of the Media in Scrutinizing the Judiciary – Media and Contempt of court- Judiciary and the Bar: Relationship between the Bench and Bar –  Rationale of the Role of the Bar in Scrutinizing the Judiciary – Ways of Scrutinizing the Judiciary – Criticism of Judges- Boycott of a Judge- Judiciary and the Executive: Relationship between these two – Supremacy of the Judiciary –

    Book Recommended:

     

    Abdul Halim (1998)                               : Constitution, Constitutional Law  

      and Politics: Bangladesh  

      Perspective, Md. Yousuf Ali Khan,

      Dhaka.

     

    1. K.M. Shamsul Huda (1997) : The Constitution of Bangladesh,

      Vol I & II 1st ed,

    Kate Malleson (1999)                            : The New Judiciary, Ashgate,

      Aldershot.

    Kazi Ebadul Hoqe (1998)                    : Bichar Babasthar Bibartan

      (Evolution of Administration of

      Justice

    Latifur Rahman (2002)                        : Tattabodhayak Sorkarer Dinguli O

      Amar Katha (The Days of Care- 

      Taker Government and My

     

    Mustafa Kamal (1994)                         : Bangladesh Constitution: Trends

      and Issues

     

    Sarkar Ali Akkas                                   : Independence and Accountability of

      Judiciary: A Critical Review,

    LAW 507:                      Environmental Law

                                        3 Credits

    Concept of Environmental Law – Background Approach – The Stockholm Conference on the Human Environment,1972 – Rio Declaration on Environment and Development, 1992 – Agenda 21 Non-legally binding authoritative statement of principles for a global consensus on the Management- Conservation and Sustainable Development of all types of Forests- The United Nations Framework Convention on Climate Change and the United Nations Convention on Biological Diversity-

     

    Environmental Law: Bangladesh Context

    Development of Environmental Law in Bangladesh – Government Policy regarding environmental issues – Environmental Courts –

     

    Books Recommended:

     

    Alexandre Kiss and Dinah Shelton : International Environmental Law
    David Freestone : The Road From Rio: International   Environmental Law after the Earth   Summit
    Harald Hohmann ((ed.) : Basic Documents of International

    Environmental Law Volumes 1, 2,  3.

    Patricia W. Birnie and Alan E. Boyle : International Law & the   Environment
    Thomas J. Schoenbaum and Ronald H. Rosenberg : Environmental Policy Law- Problems Cases and Readings

     

    W. Lang, H. Neuhold and K. Zemanek (ed.) : Environmental Protection and  International Law

     

      Yearbook of International Environmental Law-Volumes: 1, 2, 3, 4, etc.

     

     

     

    LAW 509:                      Intellectual Property Law

                                        3 Credits

     

    A brief description:

    Intellectual property covers those legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields – The main examples are industrial property viz. patents, inventions, trademarks and industrial deigns- Copyright and neighboring rights chiefly in literary- musical and artistic work in film- records broadcast etc- Patents : General provisions- Patent office- Patentability- Right to patent- Naming Application- Grant of patent- Right and obligations of owner of patent- Duration of patent and Annual fees- Contractual licensees- Other kinds of patents- Infringement Remedies Trademarks: Definition of Trademarks- Functions of Trademarks- Economic importance of Trademark Rights- Infringement of Trademarks- Forum for Redress- Copyrights: Origin and development of copyright law- Standards of copyright ability- Copyrightable subject matter- Non-Copyrightable subject matter- Right protected by copyright- The general exclusive rights- Procedures for obtaining copyright- Ownership and conveyancing of copyright- Copyright infringement Fair use- Remedies-

     

    Enacted laws:

    Patent and Design Act, 1911

    Patent and Design rules, 1933

    Secret Patent Rules, 1933

    Trademark Act, 1940

    Revised Trademark Rules, 1963

    Copyright Ordinance, 1962

     

    International conventions

    Paris convention for the protection of Industrial property of March 20, 1883- Madrid Agreement Concerning the International Registration of Marks of April,14 1891-

    Berne convention for the protection of Literary and Artistic works of 1866

    Universal copyright convention,1952 (Concluded in Geneva)-

     

     

    Book Recommended:

     

    Abdul Wahid Chawdhury : Manual of Trademarks,  Merchandise & Patent & Design
    Arped Bogsch : Universal Copyright Convention, an   Analysis and Commentary
    Mohammad Monirul Azam :Intellectual Property WTO and Bangladesh
    P. Narayanan : Intellectual Property Law
    Sayeed Rass Maswood : A Hand Book on Laws of Intellectual Property
    T A Blanco White : Law of Trademarks & Trade Names
    W. G we wmwÏK I Ab¨vb¨ :eyw× e„wËK m¤úwË AvBb
    W. Gg Avnmvb Kwei I Ab¨vb¨ : eyw× e„wËK m¤úwË AvBb I mgmvgwqK evsjv‡`k

     

     

     

    LAW 511:                      Interpretation of Statutes and General Clauses Act.

                                           3 Credits

     

    Statutory interpretation:                                 

    General Principles of interpretation- Literal rule- Golden Rule and Mischief Rule- Rule of harmonious construction-  Internal and external aid to interpretation- Maxims of interpretation- Interpretation: Penal Statute- Constitutional law- general and special rules- problems of constitutional interpretation- structural change-

    General Clauses Act 1897

    Definitions- scope and application- General rules of construction- effect of repeal- computation of time- power and functionaries- provisions as to orders and  rules etc-

    Books Recommended:

    N S Bindra                                                   : General Clauses Act

    Maxwell                                                        : Interpretation of Statutes.

    Mohammad Saiful Islam                         : General Clauses Act

    A Matin                                                         : The General Clauses Act

    N S Bindra                                                   : Interpretation of Statutes

    RD Srivastava                                             :Interpretation of Statutes

    Broom                                                           :Legal Maxims

    DLR                                                               : The General Clauses Act

     

     

    LAW 513:          Comparative Law

                            3 Credits

     

    Meaning – nature – definition and classification of comparative law – Origin and development of comparative law and foreign Law –  Purposes of Comparative Law – Major Legal Systems of the world. Problems arising during the study of foreign law – Factors – explaining resemblances and differences between legal systems – The common core of legal systems and the presumption similitude – Classification of legal systems – Common Law – English Revolution and the evolution of common law – Basic principles and traditions of common law – Features of Anglo-American law – Civil Law – French Revolution and the volition of civil law – characteristics of civil law – Socialist concept of law – source of law – concept of socialist legality – Disintegration of socialist states and transformation of legal systems in Eastern Europe – Scandinavian Legal system as a model – Sources of Law in different legal systems.– Customs Codes/Statutes – Judicial Decisions and Legal Doctrine – of Courts in different legal systems – Courts in England, USA, France, Germany and Bangladesh – Traditional Legal system. – Legal system based on customs and traditions – legal system based on religion – Comparative Law and the emergence of Transnational Law.

     

    Books Recommended:

    1. Harkding : A Social history of English Law.

      Baltimore 1966

     

    1. N. Allot : Essays in African Law, 1960

     

    1. C. Gutteridge : Comparative Law. Cambridge.

     

    Rene Devid & Brierly                       : Major Legal Systems of the World

      Today. 1974.

     

    1. Buckland & Mc Nair : Roman Law and comparative Law,

      London, 1953.

     

    Wanton & Amos                                 : Introduction to French Law N. Y.  

      1972

    1. Hazard : Communists and Their law – A

      Search for cht common core of the

      legal system of the Marxian Socialist

      states, 1996.

     

    Walker & Walder                              : The English Legal System.

     

     

    LAW 515:                      Principle of Civil Litigation

                                        3 Credits

     

    Introduction: Nature of Civil procedure –system of trial and procedure in Bangladesh – minimum requirement for procedural rules – definition of litigation – contrast between civil and criminal litigation and procedures – effect of difference between civil and criminal procedure – Nature of Civil Litigation: Legal aspect – non justifiable disputes or question-character of litigable disputes-summary disposal of non-litigable disputes-preventive justice; special and economic aspects – social pressures against litigation-social interest in litigation – Structure and organizations: of civil courts principles for organization- centralization and decentralization- special Jurisdiction – appeal courts – Pre-trial procedure: Commencement of proceedings – Parties – cause of action – claim and counter claim – interpleading; Discovery and interrogatories – Commissions – local inquiry and investigation; Interlocutory matters – framing of issues – adjournments – preparation of a case – not surprise at the time of trial control by the Court over proceedings ; Procedure at trial – presentation of the case – Post Trial stage: Appeals and Execution – procedure for appeal review – remand and revision – organization and jurisdiction – limits of jurisdiction for executing court – restitution –simplification of the procedure – Costs –

    Cost should follow the event – compensatory costs –  justification for costs – legal aid for litigants – Suits in particular Cases: Special procedures:

    Suits by or against Government officials-aliens-foreign rulers and envoys-minors-persons of un-sound mind- representative suits-pauper suits- Remedies in Civil Litigations: Declaration – recovery of money-recovery of possession-rectification-cancellation of documents-specific performance-injunctions-arrest. Detention and imprisonment-attachment and sale of property – Civil Litigation before tribunals (other than law courts): Nature and jurisdiction of statutory tribunals-procedure before tribunals-Non-Statutory jurisdiction, arbitration supervisor, jurisdiction of courts over tribunals – Role of judges and lawyers in the process of adjudication-legal profession – legal education-public participation in the process of administration of civil justice –

     

     

    Books Recommended:

    D.F. Mulla                                            : Civil Procedure Code, Vol. I and II

     

    Fazal                                                     : Judicial Control of Administrative

      Actions (selected chapters)

     

    Mulla & Pollock                                 : Specific Relief Act

     

    Rao                                                        : Civil Procedure Code

    Wade                                                     : Administrative Law (selected

      chapters)

    Supreme Court Rules of Procedure

    High Court Civil Rules and Orders

    The Civil Court Manual

     

    LAW 517:  Alternative Dispute Resolution and Laws relating to Legal Aid

                            3 Credits

     

    1. Alternative Dispute Resolution

     

    Dispute Resolution Process

    Concept and theories of ADR- adversarial system- inquisitorial System- alternative dispute resolution (ADR) system and their advantages and disadvantages

    Different forms of ADR

    Arbitration – mediation – med-arb – early neutral evaluation – conciliation – expert determination and ombudsman

    ADR in International Disputes and the concerned Authorities & Institutions

    ADR in Bangladesh

    Historical developments – different laws making provisions for ADR (Civil Procedure Code, Muslim Family Laws Ordinance, Family Court Ordinance, Salish Ain, Artha Rin Adalat, Gram Adalat, Conciliation of Dispute Board Act etc),

    Role of NGOs

    Problems and prospects.

    B. Laws relating to Legal Aid

    Definition-Concept – Legal aid and access to justice- Relation with human rights- Legal aid movement in India and Bangladesh- Application in the civil and criminal jurisdiction- Issues concerning legal aid- Government legal aid in Bangladesh- Legal aid and advocacy- Legal aid and Public Interest Litigation- Role of NGOs in the field of legal aid- Strengthens and weakness in legal aid- Distinction between legal aid and pauper suit.

    Statutes

    The Code of Civil Procedure, 1908 (Amendment Act, 2003)

    The Code of Criminal Procedure, 1898

    The Muslim Family Laws Ordinance, 1961

    The Family Courts Ordinance, 1985

    The Environment Preservation Act, 1995

    The Salish Ain, 2001

    The Artha Rin Adalat Ain, 2003

    The Gram Adalat Ain, 2006

    The Conciliation of Dispute (Municipal) Board Act, 2004

    Legal Aid Services Act, 2000

    Rules of Legal Aid Services, 2001

    Books Recommended:

    Golam Mahbub :Alternative Dispute Resolution in Commercial Disputes: The UK & Bangladesh Perspectives
    Linda R. Singer : Setting Disputes
       
    Michael Freeman : Alternative Dispute Resolution
    N. R. Madhava Menon : Mediation-Concept and Techniques in Support of Resolution of Disputes
    P D Mahtew : Free Legal Services to the Poor
    Prof. Dr. Ansar Ali Khan : An Introduction to Alternative Dispute Resolution (ADR)
    Scott Brown et. al. :Alternative Dispute Resolution Practitioners Guide
    Sujan Singh : Legal Aid: Human Right to Equality
    Sumaiya Khair :Legal Empowerment for the Poor and Disadvantaged: Strategies, Achievement and challenges
    S S Sharma : Legal Aid to the Poor
    ‡gv. AvLZviæ¾vgvb : weKí we‡iva wb®úwËi aviYv I AvBbMZ mnvqZv AvBb

     

     

    LAW 519:                      Law of International Protection for Women and Children

                                        3 Credits

     

    Path to the Convention on Rights of the Child – The role of the United Nations in respect for human rights Protecting and realizing children’s rights – Understanding the convention on the Rights of the Child Optional Protocols to the Conventions on the Rights of the Child using the Convention and Protocols for children UNICEF in action – Universal Declaration of Human Rights – International Covenant on Civil and Political Rights – International Covenant on Economic Social and Cultural Rights – Convention on the Rights of the Child – Convention on the Elimination of All Forms of Discrimination against Women – Convention on the Elimination of All Forms of Racial Discrimination – Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment-

     

    Books Recommended:

     

    ICRC                                     : Basic Documents—South Asia Collection, Treaties, National Legislation, Case Law and other  Documents

     

    Larry Maybee,                   : International Humanitarian Law

    BenarjinChakka( edi)

     

    Bangladesh Bar Council  : Human Rights Law

     

     

    LAW 601:    International Human Rights Law

                      3 Credits

    Jurisprudential foundations of Human Rights- Sources and Schools of Human Rights- First Generation- Second Generation and Third generation Rights- A Comparative Study and Analysis-Implementation of Human Rights- Norms under the Different International and Regional Systems- Comparative Study Limitations of and Derogations from Human Rights under the different systems- Universal Declaration of Human Rights (UDHR)- International Covenant on Civil and Political Rights (ICCPR)- International Covenant on Economic, Social and Cultural Rights (ICESCR)- Optional Protocol to the ICCPR- Optional Protocol to the ICESR-  International Convention on the Elimination of all forms of Racial Discrimination- Regional arrangements on Human Rights- European Convention on Human Rights- American Convention on Human Rights- African Charter on Human and Peoples  Rights- Human Rights in Armed Conflicts- International Humanitarian Law – Nature- Source and Development- Human Rights and Humanitarian Law- Comparative study- Prevention of Discrimination and Human Rights- Humanitarian Law-

     

    Books Recommended:

    Abdullah Al Faruque                        : International Human Rights Law: Protection Mechanisms and Contemporary Issues

    Andrew Z. DRZEMC                        :European Human Rights Convention  

    ZEWSKI                                                in Domesic Law oxford : Clarendon

      Press, 1985.

    1. Lau erpacht : International Law and Human Rights

      London: Stevens & Sons Limited

      1950, 1973.

    Hurst Hannum                                    : Guide to International Human Rights

      Practice. London: Macmillan Press,

     

    Ian Brownlie                                       : Principles of Public International

      Law Oxford : Clarendon Press, 1984.

     

    Konrad Zweigert and                       : An Introduction to Comparative Law

    Hein Kotz                                               Amsterdam: North – Holland

      Pubnlishing Company 1977.

     

    Louis Henikin                                     : The International Bill of Rights New

      York: Columbia University Press,

      1981.

     

    Rudolf B. Schlesinger                       : Comparative Law Cases-Text-

      Materials London: Stevens and Sons

      Limited 1960.

    Paul Sieghart                                      : The International Law of Human

      Rights Oxford: Clarendon Press,

    1. 1985.
    1. N. O. Publication : United Action in the Field of Human Right 1988.
    2. N. O. Publication : Human Rights – A Compilation of International Instrument.

    Thomas Buergenthal et. al.: Protecting Human Rights in the

    Tuhin Malik :                       Human Rights Manual

     

    LAW 603:          Law of International Organizations

    • Credits

    International Organizations – Concepts – Emergence- Organizations of the ancient time – General Characteristics of International Origination – Its nature and importance-Its relation with International Law-Legal personality of International Organizations-Organic structure and classification of International Organizations-Membership, decision making and dissolution of the International Organizations – League of Nations – Its origins –Principal institutions- Failures-Evaluations – The United Nations Organizations-I (its Background-Objectives Purposes-Principal Organs -The International Criminal Court – future and Prospects of the United Nations – Specialized Agencies of the United Nations-Its Provisions in the UN Charter Common Features – Its Relations with the United Nations-Compositions – Powers and Functions of all the Specialize agencies of the United Nations – International Atomic Energy Agency and World Trade Organization – Regional Organizations-Its Provisions in the UN Charter-General characteristics, Objectives and Functions of the Regional Organizations-Its Classifications – Some of the significant present day Regional Organizations -The Arab League – The Organizations of the American States –The African Union – The European Union – The Association of the South East Asian Nations –The South Asian Association for the Regional Cooperation-The Atlantic Treaty Organization-The Western European Union-The ANZUS – Some special Organizations -The Commonwealth – The Non Aligned Movement-The Organization of the Petroleum Exporting Countries –The Organization of the Islamic Conference – Newly formed International Organizations shall be included – WTO (World Trade Organization) – International Bank For Reconstruction and Development (IBRD) – Group of 7 (G-7) – Developing 8 (D-8) –

    Books Recommended :

    1. H. Robertson : European Institutions: Cooperation,

      Integration, Unification.

     

    1. W. JenksThe : Impact of International Organizations

      on General International Law

     

    1. W. Bowett : The Law of International Institutions

     

    1. Weissberg : The International Status of the united

      Nations.

     

    Michael Virally                                  : Legislative Powers in the United

      Nations and Specialized Agenetes.

     

    1. S. Rajan : The United Nations and Domestic

      Jurisdiction

     

    Welfred Jeas                                       : Law of International Organizations

     

    William I. Tuny                                  : International Organization under the

      United Nations System.

     

     

    LAW 605: International Humanitarian Law and Refugee Law

    3 Credits

    Introduction to International Humanitarian Law – Historical Background – Origins and Development of IHL with reference to South Asian Perspective – Definition of IHL – Law Jus ad Bellum vs Jus in Bello – Sources if IHL –  Development of the 1949 Geneva Convention and 1977 Additional Protocols – fundamental Rules of IHL – definition of Armed Conflict –  International Vs. Non-International Armed Conflicts –  categories of Persons under IHL – Protection of Victims of Armed Conflict – General Obligations of Humane Treatment –  Rights and Obligations of Occupying Powers – Combatant Status and Protection of Prisoners of War – Controlling the Means and Methods of Warfare – General Limitations on the Conduct of War – Civilians and the Rules of Distinction – International Law of Disarmament vs, IHL Weapons Prohibitions and Restrictions; Protection of Civilians, Protection of Cultural Property and the Natural Environment – IHL Applicable to Non-International Armd Conflicts – Application of Common Article 3 of the Geneva Conventions – Legal Situation of Belligerents during Non-international Armed Conflict Implementation and Enforcement of IHL – Implementation of IHL and the Responsibility of States – State Responsibility for Violations of IHL – Individual Criminal Responsibility for violations of IHL; War crimes Tribunals and Other International Enforcement Mechanisms – Domestic Courts and Tribunals – Problems with enforcement of IHL at the National and International Level. –

     

     

     

    Books Recommended:

     

    Emmanuel Bello                                : African Customary Humanitarian

      Law, Geneva 1980

     

    Hans-Peter, Gasser                            : Pro habitation to Terrorist Acts in

      International Humanitarian Law,

      International Review of the Red

      Cross, 1986

     

    1. K. Balachandran, (ed.) : Introduction to International

      Humanitarian Law, ICRC, 1997

    Statutes of the Red Cross and Red Crescent Movement

     
    Refugee Law

    General IntroductionCauses of Refugee Creation – Historical Background into Refugee law and Refugee Organizations – Definition of Refugee – 1951 Geneva convention on the Status of Refugees – Well Founded Fear of Persecution – Persecution, Cessation and Exclusion – Rights and Protection of RefugeesPrinciple of Non- Refoulement – Right of Asylum – 1951 Convention Rights – Protection of Women and Children Refugees – Legal Status and Protection of Refugees in Bangladesh – Solutions and Preventive StrategiesVoluntary Repatriation; Resettlement; Local Integration: Prevention: Early Warning Systems  – UNHCR Statute and MandateCreation of UNHCR and basic Objectives – mandate and protection Functions – Extension of the mandate – Contemporary Development in International Refugees Law –  International Burden Sharing – Safety Zones – Internally Displaced Persons – First country of Asylum – Carrier Legislation – Refugee Law and Internally displaced Persons (IDPs)

     

    Books Recommended:

     

    1. Fragomen : The Refugee: A problem of definition

      1970, 3 Case Western Reserv Jounal

      of International Law

     

    Emmanuel Bello                                : African Customary Humanitarian

      Law, Geneva 1980

     

    Goodwin Gill                                        : Rfugee in International Law

     

    1. Loeseher, Beyond Charity : International cooperation and the

      Global Refugee Problem, NY, Oxford,

      Oxford University Press, 1993

     

    Grahi-Masden &nbsnbsp;                                   : The Status of refugees in

      International Law, 1966

     

    Hans-Peter, Gasser                            : Pro habitation to Terrorist Acts in

      International Humanitarian Law,

      International Review of the Red

      Cross, 1986

     

    Harun-ur-Rashid                                : Refugee Law 2000

     

    James Hathaway                                : The Law of Refugee Status 1991

     

    James Hathaway                                : ‘Preconceiving Refugee Law as a

      Human Rights Protection,’ Journal of

      Refugee Studies Vol 4 No. 2 1991

     

    Levy D.                                                 : Translational Legal Problems of

      Refugees, 1982

     

    1. K. Balachandran : Introduction to International

      Humanitarian Law, ICRC, 1997

    Tuhin Malik                                        : International Refugee Law, 1998

     

    Statutes of the Red Cross and Red Crescent Movement

     

     

    LAW 607:                      Law on Good Governance

    3 Credits

     

    Introduction:

    Good governance and its importance – A brief history- Governance, government and good governance – meaning and scope of good governance – component of good governance – four pillars of good governance – interpretations of good governance- how can it be achieved –  basic tenants of good governance

    Decentralizations:

    Importance–forms of decentralization (Political, Administrative, Market) – Decentralization in Justice sector – Conditions of decentralization – Advantages and Disadvantages of Decentralization – Legal regime of decentralization of Bangladesh – Forms of Decentralization of Bangladesh – Major Issues and problems of Decentralization

    Empowerment and Participation:

    Introduction – Understanding power – understanding empowerment – Marginalized people – the process of empowerment – four areas of practice – Gender and good governance – governance and feminism – Integration of women in development – Approaches to women development – Women and law (International set-up, Bangladesh Context)

    Accountability and Transparency:

    Importance – Concept of Accountability – Mechanism of Accountability – Methods of Administrative accountability of Bangladesh – Transparency – Different dimensions of transparency – Economic efficiency and transparency – concomitants of transparent administration – need for facilitation centre to promote transparency – Legal mechanism in Bangladesh – Right to Information –

    Rule of law and Good Governance:

    Introduction – Concepts of rule of law including modern concept – Rule of law and Good governance in Bangladesh

    Good governance and corruption:

    Concept of corruption – Classifications – Reason – Impact –corruption in Bangladesh – CPI and Bangladesh – Legal protection against corruption in Bangladesh

    Judiciary and Good Governance:

    Nexus – Role of judiciary in ensuring good governance – Independence of Judiciary – Accountability of Judiciary – Judicial Accountability in Bangladesh – Judicial reforms of Bangladesh

    Parliament and Good Governance:

    Mechanism – Oversight Mechanism – Parliamentary committee system – Role of Committee and their weaknesses in Bangladesh – History of Parliamentary democracy in Bangladesh.

    Civil Society and Good Governance:

    Concept – History – Character and Scope- Contribution of Civil Society to Good Governance- – Civil Society Organizations in Bangladesh- Democratization Process and Civil Society- Strength and Weakness of Civil Society

    Books Recommended:

     

    Dr. Md. Johurul Islam              : Law on Good Governance: Bangladesh perspective

     

    Dr. Md. Shamsur Rahman       : Public Administration Theory and

                                                              Bangladesh Administration(in bangle

     

    GH Cheema and Rondinelli    : Decentalization and Development –

                                                              Policy Implementation in Developing

                                                              countries

     

    Harsh Mander, et al                  : Good Governance Resource Book

     

    Hasnat Abdul Hye                      : Governance: South Asian Perspective

     

    Jorge Barenstein                        : Overcoming Fuzzy Governance in Bangladesh

     

    Kamal Siddiqui                          : Towards Good Governance in

                                                              Bangladesh.

     

    Madhav Godbole                  :Public Accountability and Transparency The Importance of Good Governance:

     

    Mizanur Rahman (ed.)              : Human Rights and Good Governance

     

    Nurul Momen, et al                    : Good Governance in Bangladesh:

                                                              Present and Future Challanges

     

    OECD                                            : Participatory Development and Good

                                                              Governance

     

    Sarkar Ali Akkas                       : Independence and Accountability of

      Judiciary: A Critical Review

     

     

    Selina Hossain, et al                  : Women empowerment: Politics and

                                                              Movement

     

    S K Chopra                                  : Towards Good Governance

    U Thaqr                                        : Corruption in Ancient India

     

    World Bank                                 : Governance and Development

     

    Younis A Talib et. al                : Accountability in Public Management and Administration in Bangladesh

     

    LAW 609:                      Real Estate Law

    3 Credits

     

    Meaning of real estate – it’s nature, historical background of real estate – legal development of real estate laws in Bangladesh – Classification of real estate – contract between land developers and land owners – rights and duties of land developers and land owners – Land Management and Real Estate Development – Land record system in Bangladesh, Land Management (Mutation) – Registration procedure of deeds – Utility Management and Real Estate – Electricity, gas and water management; Environmental Management and Real Estate – Consumer Protection and Financing of Real Estate –  Non State Actors and Real Estate: Role of REHAB, BLDA, RAJUK;

    Statutes

    1. The Building Construction Act, 1952,
    2. The Building Construction Rules, 1996
    3. The Dhaka Metropolitan Building Construction Rules, 2008
    4. The Private Land Development Rules, 2004,
    5. The Dhaka City Building Construction Rules, 2005,
    6. The Real Estate Development and Management Act, 2010;
    7. The Detailed Area Plan, 2010.
    8. International Construction Laws: Convention on the Settlement of Investment Disputes between States and National of other States.

    Books Recommended:

     

    A.R. Biswas                                          : Law of Ownership of

      Flats/Apartments in West Bengal

     

    Barbara Cox                                       : Learning the Language of Real Estate

     

    Barlow Burke                                     : Examples &Explanations: Real

      Estate Transactions

     

    Bruce Lindeman                                                : Real Estate Brokerage Management

     

    Charles J. Jacobus                             : Real Estate Principles

     

    Daniel F. Hinkel                                 : Essentials of Practical Real Estate

     

    Dennis J. MaKenzie,                          : Essentials of Real Estate Economics

     

    D.N.Banerjee & Bhabani

    Ranjan Chakraborty                         : Promoters Law in India

     

    Dr. L Kabir                                           : Land Laws of Bangladesh, Dhaka

     

    Dr. Abdul Karim Khan                     : Introduction to Real Estate, Principle

                                                                  & Practice,

    Gary W. Eldred                                  : Investigation in Real Estate

     

    Fillmore W. Galaty                           : Modern Real Estate

    Wellington J. Allaway 

     

    J.David Reitzel                                   : American Law of Real Estate

     

    1. V. N. Jaiswal : Housing Law in India

     

    Joseph E. Goeters                              : Environmental Issues in Real Estate

     

    Joseph W. DeCarlo                            : Property Management

     

    Md. Abul Kalam Azad                      : Land Related Laws With Mutation

      Rules &Discussion (in bangla)

    Obaidul Haque Chowdhury            : The State Acquisition and Tenancy

      Act, 1950

    1. K. Sarker : Housing Laws in India: Problems and

      Remedies

    Rajkumar S Adukia                           : Real Estate: Law Practice &

      Procedures

     

    S.Parameswaran                                : Law Relating to Power of Attorney

     

    Siddqur Rahman Miah                     : Law of Land Record and Rules (in

      bangla)

     

     

    LAW 611:                      Comparative Family Law

    3 Credits

     

    Nature of Family Law – Subject Matter of Family Law – Family laws related to marriage, Bangladesh, India and Pakistan perspective

    1. i) Muslim ii) Hindu iii) Christian

     

    Relevant enactments:

    Muslim Family Law Ordinance 1961

    Muslim Marriage Registration Act 1974

    Child Marriage Restraint Act 1929

    Dowry Prohibition Act 1980

    Family Court Ordinance 1985

    Special Marriage Act 1872

    Hindu Marriage Act 1955 (India)

    Christian Marriage Act 1872

     

    Dissolution of Marriage under Muslim, Hindu and Christian (Bangladesh, India and Pakistan perspective)

    Relevant enactments:

    The Indian Divorce (Amendment) Bill 1901

    Dissolution of Muslim Marriage Act 1939

    The Divorce Act 1869 (Christian)

    The Law Commission report on the proposed amendment of the Divorce Act 1869 along with a draft of the Divorce Act 1869 (Amendment) Bill 2001—a comparative study –

    Adoption –

    Guardianship-

    Maintenance

    Relevant enactments:

    The Guardians and Wards Act 1890

    The Hindu Adoption and Maintenance Act 1956 (India)

    Hindu women’s right to separate

    Residence and Maintenance Act 1946

    Family Laws in Bangladesh: Lacunas, Problems and necessary reforms, The Family Court Ordinance 1985

    Uniform Family Code

    Domestic violence (Gender Discrimination), Nature, Status in Bangladesh, India and Pakistan.

    Inheritance:  The Succession Act 1925, Muslim Family Law Ordinance 1961

     

    Books Recommended:

     

    UNESCO and Women                       : Marriage, Inheritance and

    for Women                                            Family Laws in Bangladesh

     

    Zvnwgbv nK                                      : bvix I wkï AwaKvi welqK K‡qKwU

                                                      AvBb

     

    LAW 613:                      Law of Succession

                                        3 Credits

    Muslim Law of Succession

     

    General Observations:

    Applicability of the Mohammedan Law – Limitations on the disposing powers of a Mohammedan – Joint Family Custom – Principles of Differentiation between Heirs and Non-heirs – Funeral Charges-devolution of the Right of Inheritance – Ancient Arab Customs-The Reforms of Mohammed (SM)

    Hanafi Law of Succession:

    Classification of Heirs – Asabah (Agnates) or ‘Residuaries’ – Uterine Relations or Distant Kindred – The Doctrine of Wala – The Doctrine of Return or Radd – Double Inheritance or Vested Interests – The Doctrine of Increase or Aul – Posthumous Children, etc – Miscellaneous Examples.  Partial Exclusion, Total Exclusion. The Mafkud or Missing-Person –

     

    Shia Law of Succession:

    Classification of Heirs – Consanguineous Relations – Miras-Ul-Ansab – The Succession of Relations of the Third Class Rules Relating to the Succession of Husbands and Wives – Causes of Absolute Exclusion from Inheritance – Relative Exclusion – General Rules of Succession –

    Hindu Law of Succession:

    General principles of inheritance – Order of Inheritance to males according to the Mitakshara School and Dayabhaga School –  Points of Difference between Mitakshara and Dayabhaga Succession – Exclusion from Inheritance and Partition – Women’s property-Stridhana, Property acquired by a woman by inheritance – Copareeness and Copareenary property Mitakshara and Dayabhaga Schools – Hindu Law of Succession Reforms in India – Christian Law of Succession –

    Books Recommended:

    AAA Fyzee                                           : Outlines of Mohammadan Law

     

    1. Rahim : Maslim Jurisprudence.

     

    Ameer Ali                                             : Mahammadan Law (2 Volx)

     

    Chadha                                                 : Hindu Law

     

    1. F. Mulla : Principles of Mohammadan Law
    2. C. Ghose : Principles of Hindu Law Succession Act 1925

     

    Khalid Rashid                                      : Muslim Law

     

    1. Habibur Rahman : Muslim Ain

     

    Pares Diwan                                         : Modern Hindu Law

     

    Professor Mojibur Rahman            : Muslim Law

     

    Shaukat Mahmud                                : Muslim Law

     

    Syed Lutfur Rahman                         : Family Laws and Court Manual

     

    Verma                                                   : Muslim Law

     

    D.L. R.                                                   : Law of Pre-emption, Mohammedan Law

     

     

    LAW 615:    Law of the Sea

    • Credits

    Development of  law of the Sea – Freedom of the Sea – Mare Libiriem- Territorial Sea – Mare Clausum- United Nations conventions on territorial sea- 1st United Nation conference on Law of the Sea 1958 – 2nd United Nations  conference on the law of the sea 1960 ( UNCLOS II) – 3rd United Nations  conference on the law of the sea 1973-82 ( UNCLOS III) – 4th United Nations  conference on the law of the sea 1982 ( LOS Convention)-

    Conference on the law of the sea – Convention on Territorial sea and contiguous zone – Convention on High Seas – Convention on Fishing and Conservation of the living resources of the high seas – Convention on the continental shelf –

    Legal Regime of the seas:

    National jurisdiction- Delineation of baselines – Territorial Sea-Contiguous Zone – Exclusive Economic Zone – International Jurisdiction: High Seas freedom and common Heritage – Regime comparison – Deep Sea Bed i.e. the area, exploration and exploitation of its resources – Registration of Pioneer investors: India – France –Japan – Russia – Settlement of disputes: International tribunals – International court of Justice – Arbitral Tribunal

    Books Recommended:

    Alexander Post                                   : Deep Sea Mining and the Law of the

      Sea ( 1983)

     

    Barry Hart                                          : The law of the Territorial Waters of

      Mid Ocean Archipelagos states 1969)

     

    Bouchez                                                : The Future of the Law of the Sea

                                                                      (1973)

    Habibur Rahman                               : Delimitation of Maritime Boundaries

                                                                       (1991) Rajshahi

     

    Henkin Pugh                                        : International law, cases and

      Materials

     

     

     

    LAW 617:    Cyber Law and Telecommunication Law

                      3 Credits

     

    Fundamentals of Cyber Law: Jurisprudence of Cyber Law –  Overview of Computer and Web Technology – Introduction to Indian Cyber Law – Overview of General Laws and Procedures in Bangladesh – E-commerce-Legal issues: Electronic Commerce – Digital Signatures – technical issues –  Digital Signatures – legal issues – Electronic Contracts –Intellectual Property Issues and Cyberspace –Bangladesh Perspective: Overview of Intellectual Property related Legislation – Copyright law & Cyberspace – Trademark law & Cyberspace – Law relating to Semiconductor Layout & Design – Cyber crime and Digital Evidence – Bangladesh Perspective: Penalties & Offences under the IT laws – Offences under the Penal Code – Investigation & adjudication issues – Digital evidence – Cyber Crime Investigation: Methodology of Cyber Crime Investigation – Basic Investigation Techniques – Investigating emails – Handling real world investigations – Setting up a cyber crime investigation cell – Documentation issues – Cyber Law – International Perspective: International Conventions on Cyber Law – Development of Cyber Laws in USA – Development of Cyber Laws in Asia –

     

    Statutes

    The Information and Communication Technology Act (ICT), 2006

    The Telecommunication Act, 2001

    The Telegraph Act, 1885

    Books Recommended:

     

    Ahmed, Zulfiquar                              : A Text Book on Cyber Law in

                                                                      Bangladesh

     

    Benjamin Lichtman &                      : Telecommunication Law & Policy

    Shelanshki

     

    Dudej, V.D.                                 : Information Technology and Cyber

                                                                      Law

     

    Laurence, T.H                                     : Constitution in Cyber Space

     

    Reed. Chris                                          : Computer Law

     

    Sood, Vivck                                          : Cyber Law Simplified

     

     

     

    LAW 619:                      Investment Law and Competition Law

                                        3 Credits

    Group A (40 Marks)

    Investment Law

    Investment Policy in Bangladesh- Macroeconomic Concept- Policy Trends in 1990s- Investment Policy Audit- Regulatory Framework- Inflow of FDI into Bangladesh- Role of BICF in Foreign Investment- Role of BEI- Role of BoI- Law of Foreign Exchange- Rule of Foreign Investment.

    Group B (60 Marks)

    Competition Law

    Concept of Competition and Competition Law- Types of Competition- History of Competition Law- Antitrust Law in USA-  Competition Law under GATT and WTO-  Global Competition Policy – Linkage between Competition Policy and Investment Issues- Competition and Consumer Protection- Competition Policy and Law of Bangladesh-  Bangladesh Economy- Structure of GDP- The Bangladesh Market – Toiletries Sector- Tobacco Sector- Banking and Financial Sector- Energy and Power Sector- Telecommunication Sector- Transportation Sector- Railway Sector- Health Service- Food and Beverage Sector- Pharmaceutical Sector- Anti Competitive Practice and Consumer  Concern- Anti Competitive Practice in Play- Lack of Basic Consumer Rights Protection – Barriers to Market Entry- Current Legal and Institutional Framework-

    Statutes:

    The Negotiable Instruments Act, 1881

    The Foreign Exchange Regulation Act, 1947

    The Foreign Private Investment (Promotion and Protection) Act, 1980

    The Banking Companies Act, 1991

    The Public Procurement Act, 2006

    The Consumer Protection Act, 2009

    The Competition Act, 2012

    The Bangladesh Export Processing Zone Authority Act, 1980

    The Banking Company Act, 1991

    Books Recommended:

     

    A.K.M.W. Ahmad Uddin                    :Trade and Competition Policy in 

      Bangladesh

    F M Scherer                                        :Monopoly and Competition Policy

    J E Stiglitz                                           :Globalization And Its Discontents

    K.C. Sharkar                                      : The Principle of Banking Law

    1. Hassan :Banking and Finance in Bangladesh
    2. Abul Bashar Bhuiyan : The Bangladesh Laws on Banks and

      Banking

    S A A Shakoor                                    : A Hand Book of Bank Management

    Security Exchange Commission    : Security and Exchange Law

     

    Mohammed Eusuf                             :Competition and Investment: Issues in Bangladesh

    1. Sobhan (ed.) :Bangladesh Facing the Challenges of Globalization

    Sadiq Ahmed                                      :Transforming Bangladesh into A Middle Income Economy

    Unnayan Shamannay                       :Competition in the Agriculture Sector in Bangladesh

     

     

    LAW 621:          Legal Research and Research Monograph

                            3 Credits

     

    1. Legal Research (Marks 50 on Written )
    2. Definition, Necessity and Classification of Legal Research
    3. Moods of Legal Research
    4. Research Methods, Election of Methods
    5. Research Techniques
    6. Research Process, Research Design and Stepping
    7. Collection and Use of Law Reports Journals, Statutes, Books and etc.
    8. Case Analysis and Legal Reasoning
    9. Computer application in Legal Research
    1. Research Monograph (with oral defense) -Marks 50

    Every student will be required to write a research paper in the last semester under the supervision (Determined by the department of Law). For preparing research monograph, the students are required to submit a research proposal to the Department. For completing the research monograph the sequence of research (i.e., introduction- importance of the study- statement of the problem – objectives of the study –  Review of literature – Hypothesis – Research Methodology – Results and Discussion – Findings – Recommendations – Conclusion- Scope for further research – Acknowledgement – Reference – Appendix/ Annexure) should be followed. The students also require to defend the work before a board comprising 3 members including one expert member form inside or outside this university.

     

    Books Recommended:

    C.R. Kothari                                        Research Methodology

    Dr. Abdullah Al Farque                    Essentials of Legal Research

     

                      Comprehensive Viva Voce

                                        3 Credits

    A student will be required to appear before Viva Voce Board comprising internal and external experts. The student will be asked questions on all topics from all over the courses covered.

Faculty Members

Professor Md.Monir Uddin

Dean
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Mr. Md. Humaun Kabir

Head & Assistant Professor
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Ms. Taslima Sultana(On leave)

Assistant Professor
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Mr. Md. Mahmudul Hasan Khan

Assistant Professor
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Mr. Md. Arafat Hossain

Assistant Professor
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Mr. Md. Moshiur Rahman

Assistant Professor
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Mr. A. K. M. Sohel Habib Nowroz

Assistant Professor
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Mr. Samiur Rashid Chowdhury

Senior Lecturer
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Mr. Md. Sabbir Ahsan

Senior Lecturer
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Mr. Anupam Gope

Teaching Assistant
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