Syllabus for Advocate Enrolment Examination 2012 in Bangladesh

Syllabus for Advocate Examination:

Examination for Enrolment as Advocate:

Time 4 Hours

Total Marks-100

Syllabus for Multiple Choice Question (MCQ) Exam:

1.      Subjects as like Written Exam

Four Answers will be provided, One has to choose.

[N.B.  0.25 minus marking for each wrong answer.]

Date of MCQ Exam: 30 March, 2012

Syllabus for Written Exam

6(six) questions to be answered taking one from each Group.

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

Judgment of the Maritime Dispute between Bangladesh & Myanmar

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What is Jurisprudence/ Meaning/ Definition/ Philosophy or School of Law/ Legal Theory

 Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations.[1] General jurisprudence can be broken into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups:[2]

1.) Problems internal to law and legal systems as such.

2.) Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.

Answers to these questions come from four primary schools of thought in general jurisprudence:[2]

Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through human reason and it is from these laws of nature that human-created laws gain whatever force they have.[2]

Legal positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts although positivists differ on what those facts are.[3]

Legal realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, judges, and executives do with it. Similar approaches have been developed in many different ways in sociology of law.

Critical legal studies is a younger theory of jurisprudence that has developed since the 1970s which is primarily a negative thesis that the law is largely contradictory and can be best analyzed as an expression of the policy goals of the dominant social group.[4]

Also of note is the work of the contemporary Philosopher of Law Ronald Dworkin who has advocated a constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist theories of general jurisprudence.[5]

What is Law?

Definition of Law:

Law[4] is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible.[5] It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalised in legislation, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign states in activities ranging from trade to environmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual."[6]

Dclip Kumar Shaha -Vs. - The State

Dclip Kumar Shaha (Petitioners) Vs. TheState (Respondent) [The Special Powers Act (I of 1974), Section 25 (B)(2).]

Appellate Division Cases

(Criminal)

JUDGES

J. R. Mudassir Husain C J

Mohammad Fazlul Karim J

Md. Tafazzul Islam J

Date of Judgment

25th February 2004

The Special Powers Act (I of 1974), Section 25 (B)(2).

  

The Code of Criminal Procedure (V of1898), Section 342. Non Payment of Taxes Duty.

Articles were seized and seizure list was prepared in his presence wherein he put his signature he also identified the accused-Petitioner in the dock and that another..the eye witnesses of the occurrence, by their testimony proved the prosecution case and corroborated each other in support of the prosecution case and the informant, P.W 1 deposed that the accused petitioners illegally smuggled contraband alachi into Bangladesh from India without payment of custom duties and taxes and the prosecution witnesses proved that the accused petitioner kept in his possession 42 Kg. Indian black alachi and failed to show any legal document in respect of those articles and all the prosecution witness namely P.Ws. 1-4 proved the prosecution case as to the time, place and manner of occurrence and thus the prosecution proved the suit of the accused petitioner beyond reasonable doubt and accordingly dismissed the appeal (6).