Lecturer of law
LL.B (Honours), LL.M(First Class),RU.
Northern University Bangladesh (NUB), DHAKA
Saturday, 14 July 2012
Syllabus for advocate examination
OFFICE
OF THE BANGLADESH BAR COUNCIL
BAR COUNCIL
BHABAN, RAMNA, DHAKA
Examination for Enrolment as Advocate: Time 4 Hours
SYLLABUS Examinations for enrolment as Advocates
Total Marks-100
M.Ahsan Habib
(Advocate)
LL.B(Honours),LL.M
(First Class), RU.
6(six)
questions to be answered taking one from each Group
Time- 4 hours
GROUP-A: CIVIL PROCEDURE CODE, 1908
(Marks-16)
Section 2 : Definition
Sections 9 to 12 : Jurisdiction and Res Judicata
Sections 15 to 20 : Place of Suing
Sections 22 to 24 : Power of transfer of suits
Sections 38, 39 & 48 : About Execution of decree
Sections 96,97,104,105 & 107: Appeal from decree
Order (See Order 41, Rules 1 to 6 and Order 43 Rule 1)
Section 114; Review (See Order 47 Rule 1)
Section 115 : Revision
Section 144 : Restitution
Section 151 : Inherent Power of Court
Order 6 Rule 17: Amendment of pleadings
Order 7 Rules 1 to 15 : Plaint
Order 8 Rules 1 to 8 :Written Statement and set off
Order 23 Rules 1 to 3 :Withdrawal & adjustment
Order 38 Rules 5 to 12 : Attachment before judgment
Order 39 Rules 1 to 4: Temporary injunction
Order 40 Rule 1: Appointment of Receiver.
GROUP-B: SPECIFIC RELIEF ACT, 1877
(Marks-16)
Section 9 : Suit for possession
Sections 12 to 17 : Contracts which may be specifically
enforced
Sections 21 & 22 : Contracts not specifically enforced and
discretion of court
Sections 39 & 40 : Cancellation of instrument
Section 42 : Declaration of status or right
Section 45 : Power to order to do specific acts.
Sections 52 to 57 : Injunctions.
GROUP-C: CRIMINAL PROCEDURE CODE,
1898 (Marks-16)
Section 4 : Definitions
Section 6 : Classes of criminal courts
Sections 9,10,12, & 14 : Court of Session, District
Magistrate, Subordinate Magistrate & Special Magistrates
Sections 107 to 110 : Security for keeping the peace and for
good behavior
Section 144 : Temporary order in urgent cases.
Sections 145 & 146 : Dispute as to immovable property
NAME OF THE CASE :
The Asylum Case
PARTY : (Columbia Vs Peru,ICJ 1950)
FACT OF THE CASE : In
this case,Haya De La Torre was a Peruvian citizen and also a Political
leader.He was charged with rebellion in 1948.Columbia granted him Asylum,in her
embassy,at Lima on 3rd January,1949 in Peru.After granting asylum,Ambassador
of Columbia requested Peruvian Government to provide facility to enable
Columbia to take Haya De La Torre outside Peru.This request was made on the
basis of Bolivian Agreement ,1911 and Pan American Havana Convention on Asylum
1928.Columbia contended that asylum was granted because Haya De La torre was
accused of a political crime.Peru did not agree with this contention and
rejected this request.
FACT IN ISSUE : - Was it
was a political crime? - Was the Government of Columbia
has the authority or power to give Asylum?
JUDGEMENT : The International Court of Justice held that,”Columbia as the state
granting asylum is not competent to qualify the offence (as political) by a
unilateral and definitive decision, binding Peru.”However the court held
that,Peru had failed to prove that Haya De La Torre was accused of an ordinary
crime,and not a political crime.The court added that,asylum to Haya De La Torre
had been irregularly granted because three months had passed after the
suppression of the military rebellion which clearly showed that the urgency
prescribed by Havana Convention as a condition for the granting of asylum had
ceased to exist.But since Haya De La Torre was a political offender the court
held that despite the fact that asylum had been irregularly granted,Columbia
was not bound to surrender Hay De La Torre. RELATED MATERIALS :
ASYLUM,Classification of INTL.Act,Material Test of sources of INTL.Law.
CASE NO-2
NAME OF THE
CASE-Cuttng Case.(1886)
PARTY:USA Vs MEXICO
FACT OF THE CASE: Mr
Cutting was a person who had published defamatory statement about a Mexican
citizen on a newspaper that was published fromTexas.Then some of the copies of
that newspaper had come to Mexico and some citizens of that country saw it.That
published statement was a criminal offence under the Mexican Penal Code under
section 184.Then after some days when Mr.Cutting went to Mexico for enjoying
his vacation then the police of Mexico had arrested him.But then USA argued
that Mr.Cutting is the citizen of USA and Mexico has no Locus standi to take
action against Mr.Cutting.But Mexico stated that,though the statement published
by Mr.Cutting is hampered to a citizen of their country then in accordance wit
the Passive Nationality Principal Mexico has the right to take necessary
actions against Mr.Cutting.
FACT IN ISSUE : -Whether
Mexico can take action against Mr.Cutting or USA will? JUDGEMENT :
But USA was strongly against the claim of Mexico.The decision of this case was
not known because the claimant side had withdrawn their objections and their
was no true ending of this case.
RELATED MATERIALS :
This case stated the Statement of USA about the Passive nationality Principal
and showed that USA has strongly opposite side of that Passive nationality
Principal.But 100 years later,for their own benefit USA has changed their side
and they are strongly argue on the side of Passive Nationality principal in USA
Vs. Yunis Case.
CASE NO – 3
NAME OF THE CASE - North
Sea Continental Shelf Cases.
PARTY OF THE CASE - (Federal Republic of Germany Vs Denmark &
Netherland,ICJ,1969)
FACT OF THE CASE- In
this case,Germany did a treaty with Netherland in 1964 and another treaty with
Denmark in 1965.The subject of these treaties were to fix their continental
shelf on the basis of principal equi-distance.But after that,they face problems
to fix their territorry in North Sea Continental Shelf amoung them.For that
reason the states went to the International Court of Justice to fix their
problems about fixing their trritorry in North Sea Continental Shelf.Though the
facts were same in both the cases,then the Court gave decision about these
cases in a single trial. Fact In Issue:
-Was Germany bound to maintain
the Geneva Convention’s article 6 which is based on Principal
Equi-distence,(because Germany was not it’s party) ? -If Germany is not bound
to maintain it then which convention will take place to solve the problem?
JUDGEMENT : The Court held that,the problem will not be solved on the basis of
‘Principalof Equidistance’(claimed by Netherland and Denmark) because Germany
had not ratified the Geneva Convention(1958) so Germany is not bound to
maintain the convention’s rules.Then the court invented another Principal and
told to solve the problem on the basis of that principal and it was ‘Equitable
Principal’.
RELATED PRINCIPALS : SOURCES OF
INTL.LAW.
CASE NO -4
NAME OF THE CASE : USA Vs. Yunis (1988).
PARTY OF THE CASE : United States of America and Mr. Yunis.
FACT OF THE CASE :
This case was related among three countries named Lebanon, America and
Jardan.the fact of the case is,Mr.yunus was a citizen of Lebanon and he once
hijacked a plane of Jardan.After many days, when he came to America, then the
Govt. of America had arrested him and started a trial against him to give him
punishment for hijacking that palne.but mr. Yunis argued that,though the plane
was belonged to Jardan and Jardan has the authority to take action against him
considering the PASSIVE NATIONALITY PRINCIPAL.but America argued that ,among
the passengers,there were some USA citizens and they were really mentally
harmed by the incident of hijacking.So,they have the right also to start trial
and give punishment against him. JUDGEMENT: Then the court of USA had given
Mr.Yunis, punishment. NOTE : Though USA is the opposite
side of Passive Nationality Principal,by this case we can see how they turned
to that side to the favour of passive nationality principal only for their
benefit.
RELATED MATERIALS : Nationality Principle.
CASENO-5
NAME OF THE CASE : BHOPAL GAS LEAK DISASTER CASE.
PARTY OF THE CASE : GOVT. OF INDIA VS.U.C.C.(BHOPAL) CORP;(1987).
FACT OF THE CASE :
In this case, United Carbide Corporation (U.C.C.),which was a multinational
company and their main branch was in USA.There is a branch of them at Bhopal in
India, which was the main criminal of the Gas Explosion that was being taken
place in 1984 at Bhopal. For their recklessness, it was happened and for that
explosion many people had died and many were injured and being seriously
harmed.
The explosion was too much bad that the Govt. of India had taken that matter
seriously and claimed compensation of that explosion on behalf of the harmed
people. They had passed an act named Bhopal Gas Leak Disaster (processing of
claims), ACT, 1985.On the authority of that act, the govt. of India claimed
compensation on behalf of the citizens of India and file a case in South
District Court snd its judge was John F.Keenan to get high compensation.They
file this case on 8th April,1985 against U.C.C.But the judge said
that the place of occurrence is at Bhopal in India so that the Bhopal court is
the best place to file this case and run this case. JUDGEMENT: Bhopal court has given a decision that U.C.C. has to pay 3900 Crore Rupee
as a compensation.And in accordance with the judgement ,Bhopal District Court
is sentenced to install 350 Crore rupee as Installation Fee.U.C.C. then
appealed in the High court and there the compensation money is being decreased
to 250 Crore Rupee.Then U.C.C. appealed to supreme court and the supreme court
decreased the compensation money to 470 million dollar and complete the
procedure. RELATED MATERIALS :
Nationality principals
PUBLIC
INTERNATIONAL LAW
M. Ahsan Habib , Faculty of Law
Case No: 07
Name of the Case: Luther vs. Sager
(King’s Bench Division, Court of Appeal, 1921)
Party of the Case: Luther vs. Sager
(1921).
Fact of the Case:
The claimant of this case as a British citizen. In Russia, there were
machineries’ and he had a Timber Industry. In 1917, After the Rush Rebellion,
the Soviet Govt. in an official
Gazette declared that, Luther’s industry will be the property of Soviet
Russia and Nationalism. Luther then made the society clear about Nationalism.
Luther in that time went to Britain.
In 1920, Soviet state trade agency had made a contract with British Wood
Businessman Sager. According to that treaty, trade agency sends their timber to
Britain. When those
timbers reached Britain, Luther went to
the court said that those and timbers were his companies timber, which came
from Russia. Russian Govt.
captured his timbers illegally. So, his property, self owned property, should
give to him. Then he also mentions about. The Britain had not given
recognition to Soviet Russia. So, the customs of Russia will not
applicable in Britain.
Fact in Issue:
-WasLuther entitled to have his timbers
back?
-If that is not
possible would he be receiving any compensative?
Judgment:
In this Case, the lower court has given the
decision, after considering the facts, to Luther that he should receive his
timber back. But the defendant Sager appealed against this decision and then it
came to the fact that, in1921. Britain recognized
incompletely, Soviet Russia. For that, the King’s Bench Division, Court of
Appeal gives the judgment on this side of the defendant Sager. Because after
semi-recognizing a state, Britain has no right to
say anything about that states acquisition of property. Here Recognitions
Retrospective effect was taken place.
Case No: 08
Name of the Case: Reparations Case
(ICJ, 1949).
Party of the
Case: UN vs. Israel.
Fact of the Case:
In, 1948, a person named Bernadette who was working as a mediator of
United Nation in Palestine, was died by
shoot. After this Incident, United Nations on behalf of that person, as an
appointing agency, claimed compensation from Israel at ICJ. And file a
case.
Fact in Issue:
-Being an organization, has United Nations any authority to file a case
against any state for compensation?
Judgment:
To give decision of this case, Court mentioned the support of the world
community to from UN and the spared working of UN and held that, if the legal
status of UN will not it will be a taken
any consideration then it’s working power will be revoked and un-realistic thing. Though UN is not equals to state, it
has its own legal status.
So, United Nations has the focus standing to claim compensation in
International Court of Justice.
Case No: 09
Name of the Case:Russia Ship Case.
Party of the
Case: USSR vs. USA, US Federal Court,
1948.
Fact of the
Case:
This Case is related to a ship named by Russia. In that Russian
ship, there were to American citizen. The ship was crossing the Atlantic Ocean to reach New York. But on the way, a
storm started and there was so much storming wind in the Ocean and the ship was
shaking heavily. For that, two American female citizens were fall down and
wounded themselves. When the ship reached to New York, they file a case
against that ship and claim compensation. They also ask for ceasing the ship so
that the ship could not leave the port before completing the trial process.
Fact in Issue:
-Immediately then New York’s Soviets
Consulate Communicate with US state department
and inform that the ship
Named “Russia” is a state
property and for this reason acquisition of state property and the ship will be
contrary to the International law.
Judgment:
The Federal Court of America held that though the ship is the property
of Soviet state and it is under the sovereign authority of Russia, Acquisitions
of much ship is not possible, America has no power to do that and told to free that ship immediately.
Case No: 10
Name of the Case: The Scotia Case.
Party of the Case :( USA vs. UK; Supreme Court of USA, 1871)
Fact of the Case:
In this case, the British Parliament has passed an act to avoid clashes
between water vehicles and ships in open sea at night and it is to use lights
as a preventive and secquritive matter. On that time Us Congress has also
passed an act which is same as that of UK. Gradually, many
states had taken such acts passed by their law house and those all were
Domestic Decision. Then in 1871, a British ship named Scotia had clash with an USA ship named Berkshire. Berkshire was not using any
light on their ship. Then Berkshire had sunk and also
some crews were died. The products were also very much damaged. Then Berkshire, in want of
compensation, files a case against Scotia.
Fact in Issue:
Were the ships duty and action being treated in accordance with the act
which had run as normal sea act would be in action?
Judgment:
The Case held that, Berkshire would not receive
any compensation. The court also added that, this case will be treated by
international customs and use of lights in ships at night is now an international
custom then Berkshire had broken the International law by not
using any light in ship at night. So, it will not receive any compensation.
Case No: 11
Name of the Case: Chorzow Factory Case.
Party of the Case: (Germany Vs. Poland, PICJ, 1928).
Fact of the Case:
This Case is about a treaty between Germany and Poland after the First
World War. In this treaty, it had held that, in Upper Silesia, which was an island of Poland, there Germany authority would be
served and there were some German companies and they would not be ceased. But Poland broke the treaty
and had declared two German Companies ceased in Upper Silesia. Then Germany file a case
against Poland in PCIJ.and blamed
that, Poland having made the
treaty and also broke the treaty and harm to their property heavily.
Fact in Issue:
-Did Poland have any
International duty?
-The Cessations of those two companies in Upper Silesia. Then is it a
giving of compensation.
-For breaking any law or customs, is compensation is necessary?
Judgment:
PCIJ has ceased two companies of Germany and that reason is
far.
Case No: 12
Name of the Case: Lotus Case
Party
of the Case: (France vs. Turkey, PCIJ, 192)
Fact of the Case:
In this Case a French ship named Lotus and
a Turkey ship Boz Kourt had
a clash with at clash, each other in the open sea. For that clash, Boz Kourt
Sank and some crews died. After that when Lotus reached in Istanbul, Turkey arrested Demos, a
crew of that ship and also captured the ship Lotus and also ask to pay
compensation.
Then France told Turkey to free the ship
Lotus but Turkey refused to make
the ship free. Then they started the trial in Turkish Court.
Fact in Issue:
-Does Turkey have any authority
to trial this case?
Judgment:
The International Court of Justice held that, France and Turkey both the states have the authority
to trial this case and Turkey have done no wrong to make this case trial in
their court.
The court again held that in different circurnstances, Flag state has
the extreme authority to judge the case but it does not mean that, a state has
no focus standing to judge a crime made by its citizens on its territory.
Case No: 13
Name of the Case: Fijens Case or
Wildenhus
Party of the
Case: Fijiens vs. Wildenhus (U.S.C., 1887)
Fact of the
Case:
In this Case, Belgium and USA was two parties. A
ship named “Nurland” which was a ship of Belgium. There
Mr.Wildenhus was a crew of that ship; he killed another crew named Fijens, when
the ship was in NewgercyPort. The Federal Court
of USA make the person wildenhus feel guilty and the police of Newgercy
arrested him and cease the ship.
Mr. Cherries Mali was the consulate of Belgium in New York. He applied for of
Habeas Corpus and mentioned that, International law and Belgium-US Consular
Convention of 1880, Act 11,after considering both only the Flag state has the
right to contingence that crime. So, USA has no right to
consider the crime.
Fact in Issue:
-Was USA has the authority to consider any crime and start the trial
procedure if any Belgium ship is acquired in the Port of USA when the crime had
formed?
Judgment:
The Court says that USA can take necessary actions against the crime.
Though in Customary sense, if any crime formed into any ship, then the flag
state has the extreme authority to take necessary action to punish the
criminal. But, these type of crime is a matter of threat to the peace, security
and other environmental matters, the ported state, also has the authority to
trial such case.
Case No: 14
Name of the Case: The Temple of the
Preah Vihear Case.
Party of the
Case: Cambodia vs. Thailand, ICJ, (1967)
Fact of the
Case:
This Case was being started to fix the border territory of Thailand and
Cambodia. Preah Vihear was a very ancient and historical heritage. This Vihear
was situated on the border area of Thailand and Cambodia. In 1904, Cambodia
(The Upanibesh of France) and Thailand border area were divided by a treaty
between France and Thailand. In that treaty, the considered border areas were
divided and after that France and siamij Commission had produced the Map of
those countries. There, Though, mistakenly, but specifically the vihear was
showed in the territory of Cambodia. Then the copy of that Map was produced to
Thailand but they had told no objection about that matter. They approved the
Map and asked for some more copies. Thai-Prince was visited the place within some
days and had been watching Flag of France was waving on the top of that Vihear,
he said nothing.
The problem started when UNESCO has declared the Vihear as an ancient
important and historical heritage, and give huge quantity of million dollars
for the maintains of that Vihear. Then Cambodia told that, Vihear was belonged
to them and it was mistakenly attached in the Map of Cambodia. But Cambodia
retained their supreme authority.
Fact in Issue:
-Was the claim of that Vihear will be applicable to Thailand?
Judgment:
When this Case has come to the
International Court of Justice, then the Court held that, for many days,
Thailand had not claimed the Vihear and the sovereignty of Cambodia was
retained peacefully, then the Vihear will be the state territorial object of
Cambodia.
Case No: 15
Name of the Case: Eastern Greenland
Case, 1933.
Fact of the Case:
From 1721, The Sovereignty of Denmark is sustained upon Greenland. The
problem was started from 1931 and date was 10th July, when with the
Royal Proclamation, Norway declared the East area of Greenland terraunllius and
they said that part of Greenland was in Flag of Norway. But Denmark claimed the
state as in their sovereign authority because after the First World War, the
Victories Friendly side’s states give their consent and give Greenland to
Denmark where the Foreign Minister of Norway had also given his consent. They
also claimed that, they were ruling this Greenland for many years and the
sovereignty of Denmark had retained there for many days, they have the legal
status of that Greenland and they showed their reflection of sovereignty over
Greenland. Denmark asks for PCIJ to judge the matter.
Fact in Issue:
-Which country is in possession?
-Which country has the legal status?
In Greenland, In Favor of Denmark there is 10 votes and opposite receive
2 votes. So, it is showed that Denmark has the supreme authority over
Greenland.
Greenland, Which is under the supreme territory of Denmark and only the
Norway is the whole place is in the supreme territory of Denmark, is it
reflected?
Judgment:
Then Denmark had given their papers and proving things to PCIJ Denmark
give evidence about following matters.
1. Upto 1931, no state claimed their share about that part.
2. Because of Greenland’s land position it is not possible continuous
possession but Denmark has taken many necessary steps related to the executive
and legislature, which was applicable to whole Greenland.
3. Other states treaties also recognize Denmark’s sovereignty over
Greenland.
4. When Norway waved their Flag, Denmark raised their objection at that
point,
So, Denmark has the sovereign power to control the Greenland.
Case No: 16.
Name of the Case: Confu Channel Case.
Party of the Case: UK vs. Albania, ICJ, 1949
Fact of the Case:
In this Case, Confu-Channel was
the area (North) between Greece and Albania. In 1946, before 22nd
October, Britain removed mimes from that channel of Albania and produce it as a
save channel of shipping communication.
In 22nd October 1946, two Britain War ships destroyed while
crossing that channel by mine explosion and some crews were died.
In 12 and 13th October 1946, Britain Navy Soldiers remove
mines from that channel without taking any permission from Albania. Then they claimed
compensation from Albania and they discharge the claim.
Fact in Issue:
-Was Albania has to pay the compensation and was they are to be claimed
party?
Judgment:
Albania was held to be a guilty
party because the Explosion of mines and loss of materials and also for the
loss of life, Albania is to be guilty. Because this Confu Channel is an
International Channel and everybody as well as War ships can pass through this
channel. So, it was the duty of Albania to prepare the channel for the welfare
of communication through water. They has told or published anything to prevent
the explosion for the betterment of people.
The Court sentenced to give, Britain a money of 843,947 pound, to
Albania.
Case No: 18
Name of the Case: Professor. Nurul
Islam vs. Govt. of Bangladesh.
Party of the Case: Nurul Islam, Govt.
of Bangladesh.
Fact in Case:
In 1999 the world famous cigarette producer “British American Tobacco”
company invited the voice of Discovery publishing of the gold leaf in
Bangladesh. For the betterment of the youngest generation Mr. Prof. the
Chairman of (ADUNIK) who works for prevention of smoking, made a writ of
petition in the high court for stopping the publicity of the voice of discovery
in Bangladesh.
Fact in Issue:
In absence of any statutory law. Can the court give a decree against the
voice of discovery?
Decision:
The learned Judges gave their decision; the govt. shall not undertake or
encourage any premedical ventures likes’ voyage of discovery and those shall be
strictly prohibited.
Case No: 19
Name of the Case: The Alabama claims
Award, 1872
Party of the Case: U.S.A, U.K
Fact of the Case:
In American Internal War (1861-1865), Britain declared it’s neutral. But
in this War time many War ship made in British of confederate Navy. America ambassador
is Britain said to U.K Govt. is that, this ship used against U.S.A and he
request to solution about it, but they can’t take any solution according logic
of they are neutral. At last ship used against U.S.A on their home War and
hampered many things. The most danger ship was “Alabama” which made in
Liverpool. After the War U.S.A said, U.K is liable for this damages, but U.K
they have no liability about that, because they are neutral. This went for
Arbitration.
Fact in Issue:
-Is U.K failed to do its duty under Washington treaty?
Decision:
There a Principal of International law situated that, by breach of any
treaty the party who fall too hampered has right to get compensation.
Judicial System of India in the ancient Hindu period and Muslim period
Introduction of English Law in India
The East India Company and the early Administration of India in Calcutta, Bombay and Madras
The Mayors Court
Judicial Reform of Warren Hastings and the Adalat System in Bengal, Judicial Reforms from time to time
The Establishment of Supreme Courts at Calcutta, Bombay and Madras
Evolution of High Court, Codification by the Law Commission. The Sepy Mutinity or War of Independence in 1857 and the after math (Constitutional Changes)
Proclamation of Queen Victoria
The Government of India Act 1935, Strained Relation between Congress and Muslim League
10.Two Nations Theory, LahoreResolution, Pakistan Movement
11.Cabinet Mission, Mountbatten Plan and Indian Independence Act 1947
12.Constitutional History of Bangladesh, Delay in Constitution making in Pakistan
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
B.Legal System
Meaning of Legal System and Basic Foundation of Legal System in Bangladesh, Sources and Classification of Law in Bangladesh
Features of the Legal System of Bangladesh
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
A brief overview of the procedural steps of criminal cases and civil suits
Law Enforcement: Role of police, Courts, Governments and Citizens; Effectiveness of law enforcement in Bangladesh
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
Independence of the Judiciary: Meaning, Importance, Conditions, Extent of Independence of Judiciary in Bangladesh
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
Legal Profession: 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
10.Legal Aid: Meaning and Forms; Importance; Legal Aids in Bangladesh, Statutory Provisions and its effectiveness, Role of NGOs
Evaluation Procedure:
The student evaluation shall be based on class attendance, course/class test,Viva-voce, assignments/term papers, mid-term and final examination. Number of classes/class tests and assignment/term paper will be decided by the respective course teacher. There will be a mid-term at the middle of the Semester. Each course work will be marked out of 100. The distribution of marks is as follows:
§Continuous Assessment:
Class Attendance-----------------------------------------10
Class test, Quiz-------------------------------------------10
List of leading cases concerning this course will be discussed by the teacher concerned.
Books Recommended:
A.C. Kapur:Constitutional History of India
ABM. 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
M.P. Jain: Outline of Indian Legal History
Sir Jadu Nath Sarker: Mughal Administration
V. D. Kulshrishtha: Land Marks in Indian Legal and Constitutional History
Course Outline
Department of Law
Northern University
Course Teacher: Md. Ahsan Habib
Email: ahsanhabib.law@gmail.com
Web: www.ahsanlaw.blogspot.com
qLLB 1206: Roman Law
Credit Hours: 2 (Two)
Contents:
1.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
2.Law of Persons: freeman and slaves, patria potestas, dos, adoption and adrogation, guardianship and curatorship, nationality
3.Law of Property: Res, possession, mode of acquisition and extinction of ownership, servitudes
4.Law of Succession: universal succession and will, codicil, legacy, fidei commissum, intestate succession.
5.Law of Obligations: obligation and contract; consensual contract and quasi contract; classification of contracts, delicit and roman equity.
6.Law of Actions: development and classification of actions; civil & criminal procedures and limitations
7.Judicial System during the Republican and the Imperial period - outlines of procedures.
Evaluation Procedure:
The student evaluation shall be based on class attendance, course/class test,Viva-voce, assignments/term papers, mid-term and final examination. Number of classes/class tests and assignment/term paper will be decided by the respective course teacher. There will be a mid-term at the middle of the Semester. Each course work will be marked out of 100. The distribution of marks is as follows:
§Continuous Assessment:
Class Attendance-----------------------------------------10
Class test, Quiz-------------------------------------------10
List of leading cases concerning this course will be discussed by the teacher concerned.
Books Recommended:
1.E WLee: Elements of Roman Law
2.Girard: History of Roman Law
3.H.F. Jolowiez: Historical Introduction to Roman Law
4.Lutful Kabir: Roman Law
5.Nicholas Barry: An Introduction to Roman Law
6.Puclkand andMcNair: Roman Law and Common Law
7.R.W Lee: Elements of Roman Law
8.Schulz: Principles of Roman Law
9.T. Mackenzie: Studies in Roman Law
10.W.A Hunter: Introduction to the study of Roman Law
11.W.W Buckland: Manual of Roman Private Law
12.W.W Buckland: Elementary Principles of the Roman Private Law
Course Outline
Department of Law
Northern University
Course Teacher: Md. Ahsan Habib
Email: ahsanhabib.law@gmail.com
Web: www.ahsanlaw.blogspot.com
qLLB 1309: Muslim Law
Credit Hours: 3 (Three), Prerequisite: LLB 1205
Contents:
1.Introduction and application of Muslim law under British rule in India and subsequent legislative changes
2.Muslim Law relating to marriage, dower, dissolution of marriage, guardianship, Gift Will, and Wakf, Pre-emption,maintenance, legitimacy and paternity.
3.Reform in the Islamic World
Statutes:
Regulation of 1780
Guardians and Wards Act 1890
Succession Act, 1925
Majority Act 1875
Wakf Ordinance, 1962
The Musalman Wakf Validating Act, 1913
The Musalman Wakf Validating Act, 1930
The Muslim Prsonal Law (Shariat) Act, 1937
Dissolution of Muslim Marriages Application Act, 1974
10.Child Marriage Restraint Act, 1929
11.The Muslim Family Laws Ordinance, 1961
12.The Muslim Marriage and Divorcees(Registration) Act, 1974
13.Dowry Prohibition Act, 1984
14.The Family Courts Ordinance, 1985
Evaluation Procedure:
The student evaluation shall be based on class attendance, course/class test,Viva-voce, assignments/term papers, mid-term and final examination. Number of classes/class tests and assignment/term paper will be decided by the respective course teacher. There will be a mid-term at the middle of the Semester. Each course work will be marked out of 100. The distribution of marks is as follows:
§Continuous Assessment:
Class Attendance-----------------------------------------10
Class test, Quiz-------------------------------------------10
List of leading cases concerning this course will be discussed by the teacher concerned.
Books Recommended:
1.A.A. Fyzee: Outlines of Mohammedan Law
2.Abdul Matin: The Muslim Personal Laws
3.Ameer Ali: Mahommedan Law
4.B.R. Verma: Mohammedan Law
5.B. R. Verma: Muslim Marriage and Dissolution
6.Charles Hamilton (trans.): The Hedaya
7.David Pearl & Dr. W. Menski: A Text Book on Muslim Law
8.D.F Mullah: Principles of Mohammedan Law
9.Dhaka Law Reports (DLR) : Hand Book of Muslim Family Laws
10.Dhaka Law Reports (DLR) : Muhammedan Law
11.Dr. Tanzilur Rahman: A Code of Muslim Personal Law
12.Dr. Tahir Mahmood: The Muslim Law of India
13.F.B Tyabji: A Handbook on Muhammadan Law
14.J.M.U. Anderson: Islamic Law in the Modern World
15.J. Schacht: An Introduction to Islamic Law
16.Khalid Rashid: Muslim Law
17.Keith Hodkinson: Muslim Family Law: A Source Book
18.N.B.S. Bailie: Digest of Muhammadan Law
19.N.J. Coulson: A Survey of Islamic Law
20.N.J. Coulson: History of Islamic Law
21.N.J. Coulson: Succession in the Muslim Family
22.R.K. Wallson: Anglo Muhammadan Law
23.Shawkat Mahmood: Muslim Law
24.Tahir Mahmud: Islamic Law Reform in the Muslim World
25.Taslima Mansoor: From Partriarchy to Gender Equity: Family Law and Its Impact on Women in Bangladesh
26.Vijay Malik: Muslim Law of Marriage, Divorce & Maintenance
Course Outline
Department of Law
Northern University
Course Teacher: Md. Ahsan Habib
Email: ahsanhabib.law@gmail.com
Web: www.ahsanlaw.blogspot.com
qLLB 2320: Law of Registration and Public Demands Recovery
Credit Hours: 2 (Two), Pre-requisite: LLB 2216
Contents:
A. Law of Registration:
1.Enforcing the appearance of executants and witnesses
2.Presenting wills and authorities to adopt
3.Deposit and disposal of wills
4.Effects of registration and non-registration
5.Powers and duties of Registering Officers
6.Copying of documents by means of photography
7.Refusal to register, Remedies
8.Penalties
Statute:
Registration Act, 2005
B. Law of Public Demands Recovery (PDR)
1.Execution of certificates: attachment; sale; setting aside sale; disposal of proceeds of execution; resistance to purchaser after sale; arrest, detention and release
2.Reference to civil court
3.Rules
4.Supplemental provisions
5.Appeal, Bar to Second Appeal, revision, Review, application of Limitation Act, Penalties
Statute:
Public Demand Recovery Act, 2001
Evaluation Procedure:
The student evaluation shall be based on class attendance, course/class test,Viva-voce, assignments/term papers, mid-term and final examination. Number of classes/class tests and assignment/term paper will be decided by the respective course teacher. There will be a mid-term at the middle of the Semester. Each course work will be marked out of 100. The distribution of marks is as follows:
§Continuous Assessment:
Class Attendance-----------------------------------------10
Class test, Quiz-------------------------------------------10
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
10.Shaukat Mahmood: Transfer of Property Act
11.S. N. Shukla: Transfer of Property
12.Vepa P. Sarathi: Law of Transfer of Property
Course Outline
Department of Law
Northern University
Course Teacher: Md. Ahsan Habib
Email: ahsanhabib.law@gmail.com
Web: www.ahsanlaw.blogspot.com
qLLB 3124: Company Law
Credit Hours: 2 (Two)
Contents:
1.History of Company Law; Birth of Company; Promoters; Registration and incorporation; Kinds of companies and other Trading Bodies
2.Definition of company, Characteristic of a company, nature of corporate entity, lifting corporate veil
3.Memorandum of Association- meaning, clauses, doctrine of ultra vires, Effects of ultra vires transaction
4.Article of association-contents of articles, alteration of articles, doctrine of indoor management-its scope and application
5.Prospectus-definition, contents, statements in lieu of prospectus, remedies for misrepresentation
6.Share allotment, share certificate, transfer of share, allotment of shares, calls on shares, forfeiture of shares, lien on shares
7.Share holders and members-definition, liability of members. Rights of Minority shareholders
8.Share Capital- kinds, alteration
9.Directors- appointments, qualification, removal, power and duties, remuneration. Managing Agents, Rights and Powers
10.Meetings, classification, notice
11.Dividends-accounts and audits. Debenture-classification
12.Winding up-types of winding up of Company
13.Capital Market Regulatory Laws
Statute:
The Companies Act, 1994
Evaluation Procedure:
The student evaluation shall be based on class attendance, course/class test,Viva-voce, assignments/term papers, mid-term and final examination. Number of classes/class tests and assignment/term paper will be decided by the respective course teacher. There will be a mid-term at the middle of the Semester. Each course work will be marked out of 100. The distribution of marks is as follows:
§Continuous Assessment:
Class Attendance-----------------------------------------10
Class test, Quiz-------------------------------------------10
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
10.Palmer: Company Law
11.P. Lipton & A. Herzberg: Understanding Company Law
12.Ramaiya: Company law
13.Shaukat Mahmood: Company Law
14.Topham: Company Law
Course Outline
Department of Law
Northern University
Course Teacher: Md. Ahsan Habib
Email: ahsanhabib.law@gmail.com
Web: www.ahsanlaw.blogspot.com
qLLB 3125: Law of Transfer of Property
Credit Hours: 2 (Two), Pre-requisite: LLB 2216
Contents:
Law of Transfer of Property
1.Introduction: historical background and object of the Transfer of Property Act, 1882 characteristics of the Act; definition and classification of property
2.Immovable property
3.Transferable property
4.General Rules regarding transfer of property (movable and immovable)
5.Vested and contingent interest
6.Transfers with conditions
7.Election and apportionment
8.Certain equitable rules when rights conflict
9.Undivided ownership
10.Doctrine of part performance
11.Sale: definition of sale and agreement to sell; rights and liabilities of buyer and seller.
12.Mortgage: definition and classification of mortgage; general consideration in relation to mortgages; rights and liabilities of mortgagor; rights and liabilities of mortgagee; redemption and foreclosure; marshalling and contribution. Doctrine of redemption
13.Laws of transfer by way of charge, lease, tenancy at will & suffrage, exchange, gift, will and trust
14.Transfer of actionable claim
Statutes:
1.Transfer of Property Act, 1882
2.General Clauses Act, 1897
Evaluation Procedure:
The student evaluation shall be based on class attendance, course/class test,Viva-voce, assignments/term papers, mid-term and final examination. Number of classes/class tests and assignment/term paper will be decided by the respective course teacher. There will be a mid-term at the middle of the Semester. Each course work will be marked out of 100. The distribution of marks is as follows:
§Continuous Assessment:
Class Attendance-----------------------------------------10
Class test, Quiz-------------------------------------------10
List of leading cases concerning this course will be discussed by the teacher concerned.
Books Recommended:
1.Abdul Matin: Law of Transfer of Property
2.B. B. Mitra: Transfer of Property Act
3.D. F. Mulla: Transfer of Property Act
4.Dhaka Law Reports (DLR) : Transfer of Property Act
5.G. P. Tripathi: The Transfer of Property Act
6.Kazi Abdul Aziz: Law of Transfer of Property
7.Muhammad Akbar Awan & Ehsanullah Khan Lilla: The Transfer of Property Act, 1882
8.N. H. Jhabvala: Law of Transfer of Property
9.Rashbehary Ghosh: The Law of Mortgage in India
10.Shaukat Mahmood: Transfer of Property Act
11.S. N. Shukla: Transfer of Property
12.Vepa P. Sarathi: Law of Transfer of Property
Evaluation Procedure:
The student evaluation shall be based on class attendance, course/class test,Viva-voce, assignments/term papers, mid-term and final examination. Number of classes/class tests and assignment/term paper will be decided by the respective course teacher. There will be a mid-term at the middle of the Semester. Each course work will be marked out of 100. The distribution of marks is as follows:
§Continuous Assessment:
Class Attendance-----------------------------------------10
Class test, Quiz-------------------------------------------10
