LAW (Fall 2015) / (Spring 2016) / (Fall 2016)

 LL.B. Honours Program (4-years)

Study of Law is the demand of time. As a social human being we have to obey some rules and regulations .We cannot imagine a civilized society without the rule of law. To uproot the evil rules, social disorder, anarchy and many other problems, Law is the supreme sword. A lawyer is a warrior against all the evil power. He is a flag-bearer of equity and justice. To be acquainted with the laws of the land and of abroad, study law is a must. Specifically, in order to be a judge, a lawyer, a barrister, a solicitor or a law officer, a student has to study Law. Moreover, this subject provides a person higher social status and financial solvency. Above all, only the jurists are called ‘Wiseman” all over the world. That’s why; Law is becoming increasingly popular in the world. In a developed country like U.S.A. or U.K. legal profession earns the highest remunerations.

The 4-years (8 semester) undergraduate Bachelor of Laws program of Sylhet International University aims at meeting the needs of the students trying to groom themselves up as legal professionals or academicians. It aims to develop a student’s operating skills in functional areas of legal institutions, civil and criminal courts or high courts.

The Degree of Bachelor of Laws (LL. B.) with Honours can be earned by completing 130 credit hours spread over 40 courses. Out of these 40 courses there are 5 general courses, 32 core courses and 3 practical courses. The practical courses include professional ethics, court craft, conveyancing and drafting pleadings, legal awareness, internship, trial advocacy and moot court exercise. After completion of all these courses, a student is required to face a comprehensive viva voce.

 

 

Programme Structure:

 

 

Types of Course Number of Courses Credit Hours
A. General Courses 05 15
B. Core Courses 32 105
C. Practical (Trial Advocacy,  Internship and Moot Court etc.) 03 08
D. Viva Voce 02
Total 40 130

1st Year 1st Semester

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

 

1st Year 2nd Semester

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

2nd Year 1st Semester

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

 

2nd Year 2nd Semester

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

 

3rd Year 1st Semester

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

 

3rd Year 2nd Semester

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

4th Year 1st Semester

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

4th Year 2nd  Semester

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

Course Description

 

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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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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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
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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
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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                                     : 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.

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