Bangladesh Bar Council MCQ Exam Shifted from 30-08-2013 to 06-09-2013.Bangladesh Bar Council MCQ Exam Shifted
Bangladesh Bar Council MCQ Exam Shifted from 30-08-2013 to 06-09-2013.
Delowar Hossain Sayeedi sentenced to Death
The 73 year old Jamaat-e-Islami
nayeb-e-ameer Delowar Hossain Sayeedi was found guilty of murder, abduction,
confinement, torture, rape, persecution and abatement of torture,
looting, forceful religious conversions and setting homes ablaze in rural areas
of southern district of Bangladesh namely, Pirojpur during the Liberation War.[1]
Charge-1:
Killing
of 20 People:
 |
| Delowar Hossain Sayeedi sentenced to Death |
On May 4, 1971, Delawar
Hossain Sayedee as a member of Peace (Shanti) Committee carried secret
information to the Pakistan army about a gathering of a group of people behind
the Madhya Masimpur bus-stand under Pirojpur Sadar and took the army to the spot.
The army killed 20 unnamed people by firing.
Held: Not
Guilty/ Acquitted
Charge-2:
Killing 13 Hindu People:
On May 4, 1971, Sayedee
along with his accomplices accompanied by the Pakistan army looted belongings
of members of the Hindu community living in Masimpur Hindu Para under Pirojpur
Sadar. They also set the houses of Hindus alight and opened fire on the scared
people, who started fleeing the scene, killing 13 people.
Held: Not
Guilty/ Acquitted
Charge-3:
On May 4, 1971, Sayedee
led a team of the Pakistan army to Masimpur Hindu Para, where the team looted
goods from the houses of two members of the Hindu community -- Monindra Nath
Mistri and Suresh Chandra Mondol -- and destroyed their houses by setting them
on fire. Sayedee also directly took part in the large-scale destruction by setting
fire to the roadside houses of villages Kalibari, Masimpur, Palpara, Sikarpur, Razarhat,
Kukarpara, Dumur Tola, Kalamtola, Nawabpur, Alamkuthi, Dhukigathi, Parerha and
Chinrakhali.
Held: Not
Guilty/ Acquitted
Charge-4:
On May 4, 1971, Sayedee
and his accomplices, accompanied by the Pakistani army looted the houses of
members of the Hindu community and opened fire indiscriminately on them in
front of Dhopa Bari and behind the LGED Building in Pirojpur, leaving four persons
killed.
Held: Not
Guilty/ Acquitted
Charge-5:
Sayedee declared
publicly to arrest Saif Mizanur Rahman, then deputy magistrate of Pirojpur
Sub-division, when the magistrate organised a Sarbo Dalio Sangram Parishad to inspire
people to join the Liberation War. On May 5, 1971, Sayedee along with his associate
Monnaf (now deceased), a member of Peace (Shanti) Committee, accompanied by the
Pakistan army picked up Saif from the hospital where he was hiding and took him
to the bank of the Baleshwar river. On the same date and time, Foyezur Rahman
Ahmed, sub-divisional police officer, and Abdur Razzak (SDO in charge of
Pirojpur), were also arrested from their workplaces and taken to the river
bank. Sayedee as a member of the killer squad was present there and all three
government officials were gunned down. Their bodies were thrown into the river
Baleshwar. Sayedee directly participated and abetted in the acts of abduction
and killing of those three officers.
Held: Not
Guilty/ Acquitted
A Comparative Study on Women’s Right in Bangladesh under Hindu and Muslim Personal Laws
Introduction
The term women's rights refer
to freedom and entitlements of women and girls of
all ages. These rights may or may not be institutionalized, ignored or
suppressed by law, local custom, and behavior in a particular society. These
liberties are grouped together and differentiated from broader notions of human rights because
they often differ from the freedoms inherently possessed by or recognized for
men and boys, and because activists for this issue claim an inherent historical
and traditional bias against the exercise of rights by women and girls.[1]
Issues
commonly associated with notions of women's rights include, though are not
limited to, the right: to bodily integrity and autonomy; to vote(suffrage); to hold public office; to work;
to fair wages or equal pay; to own property; to education;
to serve in the military or be conscripted; to enter into legal contracts; and to have marital, parental and
religious rights. Women and their
supporters have campaigned and in some places continue to campaign for the same
rights as men.[2] All
family laws- Hindu, Muslim, Parsee, Sikh, Jain and Christian personal laws-have
certain common features. All of them recognize the man as the head of the
household, they sanction patrilineage and patrilocality, they treat women as
men’s property and consider the father to be the natural guardian and they
perpetuate double standards in sexual morality and property rights. It is
common knowledge among those reasonably acquainted with law that women are
greatly deprived of their rights within the laws that govern crucial aspects of
the man woman relationship: marriage and divorce, custody of children and
guardianship rights, alimony and maintenance for divorced women as well as
property rights. The question of women has acquired great importance throughout
the world today among all communities. This is for obvious reasons. For
centuries, women have been in total subjugation in male-dominated patriarchal
societies. It has been a “natural law” to regard women as the inferior sex and
for them to submit to male authority for the smooth functioning of society in
its day to day progress.
The women in
Law relating to women’s
right
The Bangladesh Constitution declares equal rights for men
and women in all spheres of public life.[5]
The word 'public' seems to be a major clue to solving this riddle. It is only
in the spheres of state and public life that equality is guaranteed through the
Constitution. This means that in the private or personal sphere women are
pretty much on their own. So even if her husband for whatever reason
continuously tortures a woman, until she is killed, the state is unlikely to
intervene, as it is we say, too gentlemanly to invade the privacy of the
individual. The result is that women continue to be treated as inferior human
beings by their husbands and by a society that tends to victimize victims
instead of helping them.
FORMATION OF PLAINTS IN CIVIL COURTS
Chapter 1
Introduction
According to
section 26 of the Code of the Civil Procedure[1]
every suit shall be instituted by the presentation of a plaint. Once the plaint
is ready, it is to be filed in the court which has both territorial and
pecuniary jurisdiction. According to sec. 15 of the CPC a suit triable by a
civil court must be instituted in the court of the lowest grade competent to
try it. Once a plaint is taken to the court, the court officer, i.e. the Sheristadar
shall examine, inter alia, if the relief claimed has been properly valued and
the court fees paid etc. After such examination he puts a serial number of the
suit and will enter the suit into a register called the register of the suits.
The date of filing shall also be stamped on the plaint as soon as it is filed.
Once this is done a civil suit is said to have been started. The machinery of a
court is set in motion by the presentation of a plaint, which is the first
stage in a civil suit.[2]
Rules
1 to 8 of Order 7 relate to particulars in a plaint. Rule 9 lays down procedure
on plaint being admitted. Whereas Rule 10 provides for return of plaint, Rules
11 to 13 deal with rejection of plaint. Rules 14 to 18 contain provisions
relating to production of documents. Order 3 enables a party to appear in a
court either in person, or through a recognized pleader. Order 5 deals with
summons to a defendant. It contains provisions regarding issuance and service
of summons. Order 12 deal with the Admission of plaint, and, Order 19 deal with
the Affidavit, and also discuss about the schedule of the property.
1
2
3
Chapter 2
Particulars
of the Plaint
2.1 What is Plaint?
The expression
‘plaint’ has not been defined in the code. However, it can be said to be a
statement of claim, a document, by presentation of which the suit is
instituted. Its object is to state the grounds upon which the assistance of the
court is sought by the plaintiff. It is a pleading of the plaintiff.[3]
2.2 Particulars of Plaint
Every plaint should contain the following
particular:
i.
The name of the court in which the suit is brought;
ii.
The name, description and place of residence of the
plaintiff and defendant;
iii.
Where the plaintiff or defendant is a minor or a person
of un sound mind, a statement to that effect;
iv.
The facts constituting the cause of action and when it
arose;
v.
The facts showing that the court has jurisdiction;
vi.
A statement of the value of the subject- matter of the
suit for the purpose of jurisdiction and court-fees;
vii.
The relief claimed by the plaintiff, simply or in the
alternative;
viii.
Where the plaintiff files a suit in a representative capacity, the facts showing
that the plaintiff has an actual existing interest in the subject matter and
that he has taken steps that may be necessary to enable him to file such a
suit;
ix.
Where the suit is for recovery of money, the precise
amount claimed;
x.
Where the plaintiff has allowed a set-off or
relinquished a portion of his claim, the amount so allowed or relinquished;
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
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]
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).]
Mohammad Fazlul Karim J
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).
U.S.A - Eugene, Oregon City Ban on Smoking in Public Places
City of Eugene City Code
Chapter 6: Environment and Health
Tobacco Products and
Smoking
6.225 Definitions.
For the purposes of sections 6.230 to 6.240 of this code, the following words
and phrases mean:
Bar. An area that is devoted to the serving of alcoholic beverages for consumption by guests on premises and in which the serving of food is only incidental to the consumption of such beverages.
Business. Any sole
proprietorship, partnership, joint venture, corporation, or other business
entity, including retail establishments where goods or services are sold as
well as professional corporations and other entities where professional
services are delivered.
Designated smoking
entrance. An area outside an entrance to a publicly owned building that is
neither the main public entrance nor the primary employee entrance and which
has been designated by the building manager as a smoking area.
Employee. Any person
who is employed by an employer in consideration for direct or indirect monetary
wages or profit, and any person who volunteers his or her services to a
non-profit entity. This definition includes independent contractors.
Employer. Any person
or entity who employs the services of one or more individuals.
Enclosed area. All
space between a floor and a ceiling that is enclosed on all sides by solid
walls or windows (exclusive of door or passageways) which extend from the floor
to the ceiling, including all space therein screened by partitions which do not
extend to the ceiling or are not solid, "office landscaping" or
similar structure.
Place of employment.
Any enclosed area under the control of a public or private employer which
employees normally access during the course of employment, including, but not
limited to, work areas, employee lounges and rest rooms, conference and class
rooms, cafeterias and hallways. A private residence is not a "place of
employment" unless it is used as a child care, adult day care, or health
care facility.
Nurul Islam v. Government of Bangladesh, WP 1825 of 1999 (2000.02.07) (Tobacco Advertising Case)
Nurul Islam
v. Government of Bangladesh, WP 1825 of 1999 (2000.02.07) (Tobacco Advertising
Case)[1]
(Special Original Jurisdiction)
Mohammad Fazlul Karim and Md. Abdud Wahhab Miah, JJ
Writ Petition No. 1825 of 1999
with
Writ Petition No. 4521 of 1999
Professor Nurul Islam
............... Petitioners
in W. P. No. 1825/99
Mr. Alhaj Nur Mohammad and others
....... Petitioners
in both the Writ Petitioners
Date of Judgment : The 7th February, 2000
Result : Both the Rule absolute with directions
Judgment
Mohammad Fazlul
Karim, J:
1. These two Rules
were heard together since both the Rules relate to the same and similar subject
matter and are disposed of by this single judgment.
2. In Writ Petition
No. 1825 of 1999 Rule Nisi was issued calling upon the respondents to show
cause as to why section 3 of the Tamakjato Shamogri Biponon Niontroner Jone
Pronito Ain 1988 (ZvgvKRvZ mvgMÖx wecbb wbqš¿‡Yi Rb¨ cÖYxZ AvBb, 1988) should
not be enforced properly and as to why the respondents should not be directed
to enact law in the light of the Ordinance No. 16 of 1990 for the prohibition
of all forms of tobacco advertisements and/or such other or further order or
orders passed as to this Court may seem fit and proper.
3. In a application
under Article 102 of the Constitution of the People’s Republic of Bangladesh,
the Petitioner Professor Dr. Nurul Islam, President, ADHUNIK (Aamra Dhumpan
Nibaron Kori) and a National Professor of Banglaesh has stated, Inter alia,
that at the present moment all the tobacco related companies are advertising
their products in different spheres of media such as newspapers, magazines,
television, radio, billboards and various kinds of sponsorship of cultural and
sports programme. Section 3(1) of Tamakjato Shamogri Biponon Niyontroner Jonno
Pronito Ain provided for a statutory warning “smoking is dangerous for health
would be printed on packed or canned tobacco based products sold in the market
to the easily readable and understood Bengali on a prominent and distinct space
of the said container or packer and similarly section 3(2) of the said Act
states “No advertisement of tobacco based products shall be published,
broadcast or displayed without having the said warning in easily readable and
understood Bengali, engraved, written or printed on a prominent part of the
advertisement.
Law of Writs in Bangladesh and its Interpretation in the Supreme Court of Bangladesh
Introduction
Law means any Act, Ordinance, Order, Regulation, bye law, notification or other legal instrument and any custom or usage having the force of law. Law is enacted for the benefit of mankind.1 Law is such a matter where individual statements or opinion carries no value. A right is an advantage, benefit or interest conferred upon a person by law. A legal right is one which is protected or enforced by law. A writ is a remedial right for the enforcement of substantive law. Writ means a written document by which one is summoned or required to do or refrain from doing something. 2 As defined by Blackstone,’ writ is a mandatory letter from the king-in-parliament, sealed with his great seal, and directed to the sheriff of the country wherein the injury is committed or supposed so to be, requiring him to command the wrongdoer or party caused either to do justice to the complainant, or else to appear in court and answer the accusation against him”.3 Writ is a very important piece of legal remedies which aims at to provide measure for the infringement of fundamental rights of the people of a country. As a judicial control of the administrative action, constitution provides power upon the
___________________________________________________________________________
1
Siddiqur Rahman Miah, Law of Writs in
Bangladesh (Dhaka: New Warsi Book Corporation, 2007), p.ix.
2
Ibid., p.ix.
3
Sharifuddin Pirzada, Fundamental Rights
and Constitutional Remedies in Pakistan (Lahore: All Pakistan Legal
Decisions, 1966), p. 417.
High
Court to issue any writ as required, so that the speedy measure may be taken
against the administrative power ultra
vires.Historically,
writ originated and developed in British legal system. Initially
Laws / Acts of Bangladesh
The Laws of Bangladesh are in Online:
the Abandoned Property (Control, Management and Disposal) Order, 1972. (Bangla/English)
the Academy for Rural Development Ordinance, 1986. (Bangla/English)
the Acquisition and Requisition of Immovable Property Ordinance, 1982. (Bangla/English)
the Acting Judges Act, 1867. (Bangla/English)
the Administrator General's Act, 1913. (Bangla/English)
the Administrative Tribunals Act, 1980. (Bangla/English)
the Aircraft (Removal of Danger to Safety) Ordinance, 1965. (Bangla/English)
the Air Force Act, 1953. (Bangla/English)
the Air Force (Extension of Service) Act, 1952. (Bangla/English)
the Alluvion (Amendment) Act, 1868. (Bangla/English)
the Alluvial Lands Act, 1920. (Bangla/English)
the Anand Marriage Act, 1909. (Bangla/English)
the Army and Air Force Reserves Act, 1950. (Bangla/English)
the Army Act, 1952. (Bangla/English)
the Arms Act, 1878. (Bangla/English)
the Arya Marriage Validation Act, 1937.(Bangla/English)
the Abandoned Property (Control, Management and Disposal) Order, 1972. (Bangla/English)
the Academy for Rural Development Ordinance, 1986. (Bangla/English)
the Acquisition and Requisition of Immovable Property Ordinance, 1982. (Bangla/English)
the Acting Judges Act, 1867. (Bangla/English)
the Administrator General's Act, 1913. (Bangla/English)
the Administrative Tribunals Act, 1980. (Bangla/English)
the Aircraft (Removal of Danger to Safety) Ordinance, 1965. (Bangla/English)the Air Force Act, 1953. (Bangla/English)
the Air Force (Extension of Service) Act, 1952. (Bangla/English)
the Alluvion (Amendment) Act, 1868. (Bangla/English)
the Alluvial Lands Act, 1920. (Bangla/English)
the Anand Marriage Act, 1909. (Bangla/English)
the Army and Air Force Reserves Act, 1950. (Bangla/English)
the Army Act, 1952. (Bangla/English)
the Arms Act, 1878. (Bangla/English)
the Arya Marriage Validation Act, 1937.(Bangla/English)
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