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MODEL TEST QUESTIONS for Bar Council Exam
(Prepared by LAW GURU Ahamuduz Zaman)

  1. MCQ
  1. Written

You are also suggested to visit Bar Council/ BJS Coaching page of this site.

 

English

Sample Short type questions/ short notes for Bar Council exams are included on the Code of Civil Procedure (CPC),1908; Code of Criminal Procedure (Cr P C),1898;  Penal Code, 1860; Specific Relief Act (S R), 1877; The Evidence Act, 1872; The Limitation Act, 1908; Bangladesh Bar Council Order, 1972 and Canons of Professional Conduct and Etiquette, 1969 and also some common types of questions.

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  1. The Code of Criminal Procedure (Cr P C), 1898

 

Glossary

 

  1. When the Code of Criminal procedure was enacted? Answer: In the year of 1898, 22nd March.
  2. When the Code of Criminal Procedure came into force? Answer: 1 July, 1898.
  3. How many sections are in the Cr P C? Answer: 565 sections.
  4. How many schedules are in the Cr P C? Answer: 5-schedules of which schedule 1 is repealed.
  5. What is the serial no. as Act of the Cr P C? Answer: Act no. V of 1898.
  6. Who is the founder of the Code? Answer: Lord Macaulay.
  7. When the Cr P C was last amended? Answer: In the year of 2012
  8. When the Cr P C separated jurisdictions of Judicial Magistrates from Executive Magistrates? Answer: November 01, 2007.
  9. Which law establishes Ordinary Criminal Courts in Bangladesh? Answer: The Code of Criminal Procedure, 1898.
  10. How many types of ordinary Criminal Courts are in Bangladesh? Answer: Two types i.e. Sessions Courts and Magistrate Courts.
  11. What are the different kinds of magistrates? Answer: Magistrates are of two types (i) Executive Magistrate and (ii) Judicial magistrate.
  12. Who are the Executive Magistrates? Answer: Deputy Commissioner (DC), Additional Deputy Commissioner (ADC ) and Assistant Commissioner (AC). DC is District Magistrate (DM), ADC is Additional District Magistrate (ADM) and AC (Admin) are Executive magistrate if authorized by government.
  13. What is the qualification of the Executive magistrates? Answer: They are appointed among BCS cadres especially from admin cadre. Executive magistracy is an additional power to DC/ADC/AC.
  14. What is the qualification of judicial magistrate? Answer: They are appointed by BJSC from law graduates.
  15. What is the minimum age to be a judge? Answer: 21 years.
  16. What is the maximum age to qualify for the judiciary? Answer: 32 years.
  17. Is it mandatory to become a lawyer for qualifying for the position of judge (Assistant judge/ Judicial magistrate)? Answer: No. In one BJS exam, it was made mandatory but later on the pre-condition to be an advocate for becoming judge was withdrawn.
  18. Name the Judicial Magistrates in the Metropolitan area. Answer: Chief Metropolitan Magistrate (CMM), Additional Chief Metropolitan Magistrate (ACMM) and Metropolitan Magistrate (MM).
  19. Name the Judicial Magistrates in the District area. Answer: Chief Judicial Magistrate (CJM), Additional Chief Judicial Magistrate (ACJM), Senior Judicial Magistrate and Judicial Magistrate (JM).
  20. How many categories of session’s judges in the judicial services of Bangladesh? Who are they? Answer: 3 types (i) District or Metropolitan Sessions Judge, (ii) Additional District or Additional Metropolitan Sessions Judge and (iii) Joint District or Joint Metropolitan Sessions Judge.
  21. Can Sessions Judge Exercise jurisdictions over civil matter? Answer: No. But the government may empower them to try a civil suit. In Bangladesh, the government has given District and Sessions judge to try both civil and criminal matters. When he adjudicates civil matters he is known as District Judge and when he adjudicates criminal matter, he becomes known as District Sessions Judge.
  22. What is the maximum ordinary jurisdiction of Judicial Magistrate? Answer: The maximum jurisdiction is 3 years imprisonment and/or taka 5000 as fine or both. They exercise jurisdiction of 2nd/ 3rd class Magistrate.
  23. What is the maximum jurisdiction of Senior Judicial Magistrate/ Metropolitan Magistrate/ Special Magistrate/CJM/CMM/ ACMM/ACJM? Answer: All of them can exercise jurisdiction of a 1st class Magistrate i.e. 5 years imprisonment and/or taka 10000 as fine or both. However the CJM and CMM may be empowered to pass sentences upto 7 years imprisonment and also holds administrative power over other magistrates working in that particular district or metropolitan area. The ACJM and ACMM have equal jurisdictions of CJM and CMM who are commonly superior to other magistrates but subordinate to the CJM or CMM.
  24. What is the status of CJM/CMM and ACJM/ACMM? Answer: The status of CJM/CMM is equivalent to Additional District and Sessions Judge and the status of ACJM/ACMM is equivalent to Joint District and Sessions Judge. However the judicial power of the CJM/CMM and ACJM/ACMM is less than their status as they work as Magistrates.
  25. What is the jurisdiction of Joint District and Sessions Judge? Answer: He can pass sentences upto 10 years imprisonment and/or unlimited fine or both.
  26. When the Joint District and Sessions Judge can pass death Penalty? Answer: If he is empowered by special law such as Special Powers act, 1974.
  27. What are the jurisdictions of District Sessions Judge or Metropolitan Sessions Judge or Additional District/ Metropolitan Sessions Judge? Answer: Death Penalty and/ or imprisonment for life or fine or both. He is also empowered to hear appeal, revision, transfer, miscellaneous petition etc,. They are also head of the judiciary within the district or metropolitan respectively.
  28. What are the jurisdictions of Additional District and Sessions Judge or Additional Metropolitan Sessions Judge? Answer: Equivalent to a District Sessions Judge. They hear or try a matter referred to them by District/ Metropolitan Sessions Judge.
  29. What is G.D.? Answer: There is no provision of GD in the Cr P C. Section 44 of the Police Act 1861, Regulation-377 of the Police Regulation and section-155 of the Code of Criminal procedure states on GD. GD is not a case but to inform nearest police station on any matter. It is called General Diary.
  30. Can a person be arrested on GD? Answer: No.
  31. Can police investigate on the basis of GD? Answer: No. Police shall sought permission of the respective Magistrate Court before investigation.
  32. What is the fee for GD? Answer: No fees for GD.
  33. How GD is registered? Answer: It is registered with 2/3 copies one for the person filing the GD, one for office copy and one may be for investigation officer, if necessary. It is numbered on monthly basis e.g. 1(1)2015. The number 1 indicates serial no., number in the bracket indicates month and the rest as year.
  34. What is NON GR or NN FIR case? Answer: If an allegation mentioned in the GD is proved through investigation, it shall turn into a NON FIR or NON GR case.
  35. What is GR case? Answer: When a case is forwarded to the Court within 24 hours, it goes to the GRO section. The GRO, a police officer, gives a registration no. on the file which is known as GR. So, all FIR or police station cases turns into GR case except those filed under special laws which is erwegistered as special case no. e.g. nari-o-shishu nirjaton damon tribunal case no…… of 2015. GR means general register or general registration.
  36. What is CR case? Answer: When a case is filed directly to the Court of magistrates, it is called CR case. CR means criminal register or criminal registration.
  37. What is Misc. case? Answer: When a case is taken into cognizance suo-motu by the Magistrate, it may be a Misc. case. Misc. case means miscellaneous case. However, a miscellaneous case may be a case which is derived from another case e.g. in case of bail or transfer, if it is rejected by the cognizance court a Misc. case may be filed to the Sessions Judge Court or High Court Division as the case.
  38. How offences are divided into various types in the Cr P C? Answer: It is divided into 6 types- cognizable, non cognizable, bailable, non bailable, compoundable, non compoundable.
  39. Under which section you can file a CR case? Answer: Section 200 of the Cr P C
  40. Under which section you can file a GR case? Answer: Section-154 of the Cr P C.
  41. Under which section you can file a Non FIR case? Answer: Section 155 of the Cr P C.
  42. Under which section a Misc. case may be registered? Answer: section-190 of the Cr P C.
  43. Under which section a Magistrate takes cognizance of a case? Answer: Section-190 of Cr P C.
  44. Under which section police applies for remand? Answer: Section-167 of Cr P C.
  45. Which section states on writ of habeas corpus? Answer: section-491 of Cr P C. It is also mentioned in Article 102 of our constitution.
  46. Which section deals with police diary? Answer: Section-172 of the Cr P C.
  47. Which section deals with charge sheet and final report? Answer: Section-173 of Cr P C.
  48. What is police report? Answer: Police report means final report and charge sheet. If police submits a report in favour of the accused, it is final report which means he is not liable. If police submits a report in favour of the complainant, it is charge sheet that means the allegation are substantiated by investigation and the accused are liable.
  49. Which Court has cognizance power? Answer: CJM and/or CMM. However, they may empower any magistrate to exercise cognizance power on their behalf. The government may also empower any Court or tribunal to exercise cognizance power. No Sessions Court has cognizance power. They are trial Court. However, when they acts as special court, they can exercise cognizance power like the executive magistrates under section 144 or 145 of the Cr P C.
  50. What is taking of cognizance? Answer: It means to take a matter into consideration for further proceedings. However, the Court may proceed after investigation or inquiry report and pending submission of inquiry or investigation report, a order for maintaining status quo may be passed. If the Court issues summon or warrant, it means they have exercised their cognizance power. In respect of GR case, there is no option to reject a case before submission of police report.
  51. Which section deals with inquiry and investigation? Answer: The Cr P C in Section 4(k) inquiry and section 4(l) investigation.
  52. What is the main difference between inquiry and investigation under Cr P C? Answer: Inquiry shall be conducted by the Court or magistrate and not by police. Investigation shall be conducted by police or other persons as authorized. The person who conducts investigation is known as I.O.
  53. Which section deals with the classes of Criminal Courts? Answer: Section 6 of the Cr P C.
  54. What is the difference between cognizable offence and non cognizable offence? Answer: In cognizable offence police may arrest a person without warrant e.g. murder but in non-cognizable offence police may not arrest a person without warrant such as nuisance. Section 4(f) states on cognizable offence and section 4(n) provide definition of non cognizable offence.
  55. Which schedule states a list of cognizable and non cognizable offences? Answer: Schedule II column-3 of the Cr P C.
  56. Define bailable and non bailable offence. Answer: Bailable means an offence for which bail is a matter of right and non- bailable means an offence for which bail may be granted by discretion of the Court. Column 5 of schedule 2 states on bailable and non bailable offences.
  57. Define compoundable and non compoundable offences. Answer: Compoundable means an offence which may be settle by ADR among the disputed parties and non compoundable means which is not subject to compromise. Section 345 states on compoundable offences. Column 6 of Schedule 2 provides a list of compoundable and non compoundable offences.
  58. What is narazi petition or further investigation? Answer: Section 202 of the Cr PC hints on further investigation supported by decisions of Higher Courts. There is no provision of narazi petition in the Code. It means further investigation not re-investigation. Further investigation means investigation by another I. O or investigation officer.
  59. Which section states on arrest without warrant by police? Answer: It is mainly discussed in section 54 of the Cr P C. However, arrest without warrant is also discussed in many special laws such as Arms Act, 1878 or Special Powers Act, 1974 etc,. Section-55,56,57,59,64, 65, 67, 128, 151, 401 etc, of Cr P C also states on special power of arrest by police.
  60. Who can make arrest? Answer: Police, magistrate or any person. However, if a person arrest another person he shall produce him to the nearest police station as early as possible (Section-59).
  61. Define arrest. Answer: Arrest means to confine the body of a person to be arrested either by touch of his body or by surrender to the arresting authority (section-46).
  62. Can a person be killed during arrest? Answer: No. It is an offence under the Torture and Custodial Death (prevention) Act, 2013. However, police may apply reasonable force which shall not exceed more than the punishment that may be inflicted for the alleged offence. Section-46(3) states that “By way of effecting the arrest the police officer or an individual cannot cause death of the person, who is not accused of an offence punishable with death or with imprisonment for life.”
  63. Which articles of our constitution states on the rights of an arrestee or detinue? Answer: Article-33 and 35 of our constitution has provided an arrested person with rights such as consult with his lawyer, communication with family, appointing legal counsel, production before Magistrate within 24 hours of his arrest, prohibition of unlawful confinement, prohibition of torture, prohibition of compulsion in giving confessional statements, directing speedy trial, not punished twice for the same offence etc,.
  64. Give a case reference for abuse of police power on arrest. Answer: The High Court Division has given 15 directives in a recent case decisions (BLAST vs Bangladesh, 55 DLR . 363).(April 7, 2003)
  65. Distingusih between arrest and detention. Answer: Arrest is made on specific allegation but detention on suspicion. The term arrest is used under various laws whereas detention is mentioned under the Special Powers Act, 1974. Detention is used on political grounds whereas arrest on an offence. Detention is given after arrest and according to constitution for maximum 6 months on suspicion of offence.
  66. How many times an accused may be taken into remand? Answer: It is not fixed in the law.
  67. What is the maximum duration of police remand? Answer: Not more than 15 days at a time in one case.
  68. Who shall apply for police remand and when? Answer: The Investigation Officer (I.O.) shall apply for police remand if he fails to collect all evidences within 24 hours of arrest and if there is reasonable suspicion that the person is involve in committing the offence.
  69. What is meant by police remand? Can a person be tortured in remand? Answer: remand means interrogation or asking to know the involvement of the accused. Torture, inhuman and degrading treatment and punishment is prohibited in article 35 of our constitution. It is an offence under section 330 of the Penal Code and also under the newly enacted Torture and Custodial Death (prevention) Act, 2013. The High Court Division has given 15 directives in a recent case decisions (BLAST vs Bangladesh, 55 DLR . 363)(April 7, 2003)prohibiting torture and custodial death.
  70. When no charge sheet is necessary to frame charges? Answer: In respect of Non FIR case. Police report on investigation carries equal value as charge sheet in a case arising out of G D.
  71. When a person may claim bail for failure to submit charge sheet or police report? Answer: If police fails to submit report wthin 120 days, an arrestee may claim release from custody.
  72. What are the basic differences between summon and warrant? Answer: Summon is to appear before the Court willingly at a fixed date and time to a specific court whereas warrant is to arrest the person by police from anywhere in Bangladesh at anytime. However a warrant may be for production of witnesses or documents as well. There may have warrants for search or levy of fine or execution of judgements.
  73. Which section of Cr P C states about the prerogative of mercy by the President? Answer: Section-402A which is supported by the Article-49 of the Constitution.
  74. Under which section a Court may issue warrant to release a person from wrongful custody? Answer: Section-100 of the Cr P C.
  75. Which section states about the seizure list? Answer: Section-103 of Cr P C.
  76. How many witnesses presence is necessary for making seizure list? Answer: 2 (two). If no witnesses from the locality are found, police themselves may be the witnesses.
  77. Which section states summon for production of documents? Answer: Section 94 of Cr P C.
  78. Which section states for warrant in lieu of summon? Answer: section-90 of Cr P C.
  79. Which section states on search warrant? Answer: Section-96 of Cr P C.
  80. Which section of Cr P C states on endorsement in warrant? Answer: Section-76 of Cr P C.
  81. Can summon or warrant be issued outside Bangladesh? Answer: Yes. Section 93A on summon and 93B on warrant that may be issued outside Bangladesh.
  82. What is the time limitation for restoration of attached property? Answer: Two years from the date of attachment (section-89).
  83. What shall happen in case of an accused absconding? Answer: The Court shall issue proclamation of arrest under section 87 and attach his property under section 88 if he fails to appear with in 30 days from the date of such proclamation.
  84. What is trial in absentia? Answer: Section 339B states on trial in absentia. If the person not appears in the Court or absconds or concealed himself, the Court shall publish advertisement in two national Bengali newspapers having wide circulation directing him to appear within a time fixed by the Court and failure of which trial shall be started in absentia.
  85. What is time for disposal of cases? Answer: Section-339C states that the Court of magistrate shall conclude trial with in 180 days and the Sessions Court with in 360 days.
  86. Can a right of bail arise for failure to conclude trial in due time? Answer: Yes, under section 339C (4) of Cr P C.
  87. Under which law police shall apply for remand? Answer: Section-167 of Cr P C and section-344 as well; B P form no. 90 of P R B; Regulation-324 of PRB, 1943.
  88. Which sections of Cr P C states on discharge? Answer: Section – 241A refers to discharge in a trial before a Magistrate; section -265 refers to discharge in a trial before a Court of Sessions.
  89. State the provisions of acquittal under Cr P C. Answer: Section 245 refers to acquittal in a trial before a Judicial Magistrate court and section 265H refers to acquittal before the Court of Sessions. A person may be acquitted under section-247 if the complainant fails to appear before the Court without reasonable cause even after giving summon. An acquittal cannot be converted into conviction by filing revision petition.
  90. When a person can be convicted on his own confession? Answer: A person may be convicted based on his own confession u/s – 243 of Cr PC by Magistrate or u/s 265-E of Cr. PC by the Sessions Court.
  91. Which section of Cr P C states on confession of accused and how that confession shall be recorded? Answer: Section-164 of Cr P C states on confession of accused and that shall be recorded under section-364 of the Code. The Magistrate shall write it by himself or on his dictation and put his sign and seal after reading out the matter to the accused. The accused shall be given time before the statements for understanding his mental state and he must be told that he is free to give his confessional statements without fear or favour or coercion or threat or inducement and if once it is recorded, it shall be regarded as evidence.
  92. What remedies is available, if a narazi petition is rejected? Answer: The complainant shall file revision under section-436 of the Cr P C.
  93. Can a case be filed for false allegation? Answer: yes, under section-250 of the Cr P C.
  94. When an accused may be a witness in his own case? Answer: Section-340 of the Cr P C states the circumstances.
  95. When Court may ask questions to an accused? Answer: At any time especially during trial under section-342 when the witnesses of the prosecution are examined.
  96. What are the essential ingredients of a charge? Answer: The Trial Court shall frame Charge based on report or charge sheet. Every charge shall specify name of the offence and the law which declares the act as offence, time of offence, date of offence, place of occurrence, name and addresses of the complainant and the accused, manner of offence etc,. (Section-221-239)
  97. Can a charge be altered? Answer: Yes, at any stage before pronouncement of judgement (section 227).
  98. What is the consequence of error in Charge? Answer: Errors in a charge can be rectified at any time otherwise the proceedings of the case shall be vitiated. (sections 225 and 530 of Cr P C)
  99. When a person may be charged with one offence but punished with another offence? Answer: Section-236, 237 and 238 states the situations. It is in the case when the court is doubtful that an offence is committed but could not specify it.
  100. What is joinder of charge? Answer: Section 234 provides that three offences of the same kind committed by a person within twelve months may be charged and tried together.
  101. When sanction is binding for taking of cognizance? Answer: Section-195, 196, 197, 198,199 states on some situations when sanction is important before taking of cognizance. In case of public servant or person working in defence forces, or when the case relates to adultery or defamation or sedition or offence against the state or related to marriage etc, it shall be lodged by the aggrieved party otherwise Court may reject the petition.
  102. When Court may ask for taking oath? Answer: Before examination of chief during trial stage and also in case of CR case before taking cognizance under section 200.
  103. Where shall you file a case? Answer: The place of occurrence (section-177).However some exceptions are mentioned in case of theft, kidnapping, abduction, stolen property, misappropriation of property, breach of trust etc,. (Section-178-189)
  104. What is bail? Answer: Bail means to release a person from custody. It derives from theOld Frenchverb bailler (“to deliver or hand over”) and noun bail (“lease”), from Latin bāiulāre, present active infinitive of bāiulō (“carry or bear”).
  105. What are the essential conditions of bail? Answer: Surety, security and bond.
  106. Where can you apply for anticipatory bail? Answer: To the High Court Division or to the District and Sessions Judge under section 498 of the Cr P C.
  107. What is ad-interim bail? Answer: It means granting bail for a specific period of time during pendency of trial till the next date.
  108. What are the various types of bail? Answer: Bail is mainly four types: (i) Bail in non- cognizable offence, (ii) Bail in cognizable offence, (iii) Anticipatory bail, (iv) Pre-arrest bail. However, there is ad-interm bail and permanent bail as well.
  109. What is bail bond? Answer: It is mentioned in the CrRO, 2009. It means some conditions for getting out of custody.
  110. When Court may ask for deposit instead of bond? Answer: According to section 513 of the Cr P C, When any person is required by any Court or officer to execute a bond, with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix, in lieu of executing such bond.
  111. How many times an application for bail may be submitted to a Court? Answer: There is no time limitation. However in practice, it takes at least three days time from the date of rejection of a bail petition to file another petition.
  112. What is the procedure when a bail petition is rejected? Answer: One can file a Misc. case. Suppose, if the bail petition by a Judicial magistrate is rejected, one can file a Misc. appeal to the CJM, if a bail petition by any other magistrate is rejected, one can file misc. case to the Sessions Judge and if it is rejected by the Sessions Judge, one may file a Misc. case to the High Court Division, and if rejected by the High Court Division, one may file leave to appeal to the Appellate Division chamber judge.
  113. Which section deals with bail for non-bailable and cognizable offences? Answer: Section-497.
  114. Which section deals with bail in bailable or non-cognizable offences? Answer: Section-496 of Cr P C.
  115. What the Court shall consider before granting bail in non-bailable and cognizable offences? Answer: there are hundreds of grounds based on law, facts and humanity. The Court shall consider the punishment of the offence whether it is death penalty or imprisonment for life. It shall also consider sickness, infirmity, age if below 16 years or whether she is a woman etc,. (section-497)
  116. What is appeal? Answer: Appeal means to file an application to the superior Court against the order or judgement passed by the sub-ordinate Court. In respect of a criminal case, An appeal against the order of Judicial Magistrate shall lie to the CJM, Against the order of any 1st class Magistrate i.e. Senior Judicial Magistrate, MM, Special Magistrate, appeal shall lie to the District/ Metropolitan Sessions Judge and against the order or judgment of Sessions Judge an appeal shall lie to the High Court Division, against the order of High Court Division appeal shall lie to the Appellate Division through Chamber Judge by filing leave to appeal. However, when the Joint Sessions judge shall pass any sentence upto 5 years imprisonment appeal shall lie to the Sessions Judge and if the punishment is more than 5 years appeal shall lie to the High Court Division. In respect of sedition an appeal against the order of a Magistrate shall lie to the High Court Division.

 

  1. Which section state on appeal against the order of Judicial Magistrate to the CJM? Answer: Section-407 of Cr P C.

 

  1. Which section deals with appeal by Sessions Judge? Answer: Section-408 of Cr P C. section 409 states that the power in an appeal by the Sessions Judge may be applied by an Additional Sessions Judge.

 

  1. Which section provided for filing an appeal before the High Court Division? Answer: Section 410 of Cr P C.

 

  1. When appeal is not allowed in a criminal case? Answer: There is no appeal in three cases (i) when the accused pleads his guilty (sec-412); However, it is not applicable for a judgement passed by Judicial Magistrates(2nd/ 3rd class). (ii) when the session judge passed a sentence of imprisonment not exceeding one month imprisonment or a Court of Session or CJM or MM or other Magistrate of the First Class passes a sentence of fine not exceeding fifty taka only in petty case (section-413); (iii) when a Magistrate under section 260 passes a sentence of fine not exceeding two hundred taka in a summary trial(sec-414). Under section 415 an appeal may be brought against any sentence referred to in section 413 or 414 by which any punishment therein mentioned is combined with any other punishment.

 

  1. Can a punishment be increased in appeal? Answer: Yes. In appeal, sentences may be reduced or condoned or suspended or acquitted or remitted or even increased. (section-423)

 

  1. Who can file appeal? Answer: The convicted person can file appeal.(section-418/419) However, in respect of acquittal or inadequacy of sentences, the prosecution or complainant is also allowed to file an appeal. (section 417/ 417A)

 

  1. What shall happen if a person dies during pendency of appeal? Answer: He shall be abated and his name shall be excluded from the proceedings. (section-431)

 

  1. Can a person be released on bail during pendency of appeal? Answer: Yes. (section-426)

 

  1. What procedure shall be followed if judges are equally divided in deciding an appeal? Answer: It shall be decided by a single judge appointed in this respect by the Chief Justice. (section-429)

 

  1. Can an Appellate Court take further evidences? Answer: Yes. (section-428)
  2. Can a person be arrested in appeal who was acquitted? Answer: yes. (section-427)
  3. Who shall execute judgement if confirmed or altered by the Appellate Court? Answer: It shall be executed by the Court of original jurisdiction who passed the judgment. (section-425)
  4. On what matter appeal may be filed? Answer: Appeal may be filed either for matter of fact or for matter of law. (Section 418)
  5. How to file an appeal? Answer: An appeal shall file in the form of a petition accompanied by a copy of judgement or order. (section-419)
  6. How to file an appeal when the convicted is in jail? Answer: It shall be filed through jail authority (section-420).
  7. Can an appeal be summarily dismissed? Answer: yes, in case of insufficient grounds, the Appellate Court may dismiss an appeal during admission hearing. However, notice must be served to the appellant before such dismissal. (section 421/422).
  8. What is revision? Answer: It means to revise a judgment or order passed by any subordinate court when there is an error of law resulting in an error occasioning failure of justice. A revision can be held by three ways- (i) by application of the parties (section 439 and 439A); (ii) by suo motu (section 435) and (iii) from the report of the subordinate court (sections 435).
  9. When revision can be filed without appeal? Answer: If appeal is not allowed, revision can be filed directly such as in question no. 125.
  10. Can an acquittal be converted into punishment in revision? Answer: No.
  11. Which Courts have revision jurisdiction? Answer: District/ Metro Sessions Judge and High Court Division. Against the order of any Magistrate or Joint Sessions Judge, a revision shall lie to the District or Metropolitan Sessions Judge as the case may be. If a judgement is passed by the District/ Metropolitan or Additional Sessions Judges, appeal shall lie to the High Court Division. (section 439 on HCD and 439A on Sessions Judge).
  12. When there is a provision of appeal, but appeal was not filed in due time, can a revision be filed? Answer: No. Revision comes after appeal is disposed of.
  13. On what grounds revision is filed? Answer: When there is a question of law.
  14. What powers and jurisdictions can be exercised by a Court in revision? Answer: All power as given by this Code to a Court of Appeal except converting acquittal into conviction.
  15. Can an Appellate or Revision Court call for records of Sub-ordinate Court? Answer: Yes.
  16. What is quashment? Answer: Quashment means to quash the proceedings which are an inherent jurisdiction of the High Court Division as given to it under section 561A of Cr PC. The High Court Division can exercise this jurisdiction for the following purposes:
  17. i) to give effect to an order passed by any criminal court;
  18. ii) to prevent abuse of the process of the Court and

    iii) to secure ends of justice.

  1. When a Court may cancel bail? Answer: If the conditions of bail are violated such as not appearing before the Court or threatening opposite parties or concealing or destroying evidences etc,.
  2. How many sureties is need in a bail? Answer: At least two who are capable to enter into contract.
  3. Which section of Cr P C states on withdrawal of a complaint? Answer: Section-248. Section-494 states on effect of withdrawal.
  4. Which section states on the appointment of Public Prosecutor (PP)? Answer: Section-492.
  5. How the PP may withdraw a complaint? Answer: The PP as per direction of the government and with the permission of the Court may withdraw a complaint. (section 494)
  6. How many types of Public Prosecutors are in Bangladesh? Answer: There are basically four types such as Public Prosecutor, Additional Public Prosecutor, Special Public Prosecutor and Assistant Public Prosecutor.
  7. How a criminal case may come to an end? Answer: If final report is given by police or discharge petition is accepted by the Court. After framing charge, if an accused pleads his guilty or after taking of evidence through judgement. If no appeal or revision is filed against a judgement by the aggrieved party, by execution of the judgement. Even a case may be abated by the death of the accused or death of complainant in CR case. Finally, a case may be ended by acquittal or conviction or withdrawal or compromise or non-prosecution.
  8. What is death reference case? Answer: If any death penalty is given to an accused, he may file an appeal or even if he not files an appeal, it shall automatically be registered as death reference case for confirmation of the High Court Division. (section-374)
  9. What proceedings shall be followed by the HCD is a death reference case? Answer: The HCD can exercise all powers of a Court of original jurisdiction and also of a Court of Appeal.
  10. Can a death sentence be executed against a pregnant woman? Answer: No, it shall be postponed and be commuted to imprisonment for life. (section-382).
  11. Is there any central filing for maintaining registrar in the sub-ordinate Courts of Bangladesh? Answer: No.
  12. How case register is maintaining in the criminal courts of Bangladesh? Answer: It is a register which is different from court to court and maintained on yearly basis. The CR case numbers are given on yearly basis and FIR no. is given on monthly basis. It is again different when Misc. case or Appeal or Revision is filed.
  13. What is cause list? Answer: It is the register book that contains day to day case lists of a Court with its number and name of the parties.
  14. What is issue of process? Answer: It means summon, warrant or proclamation of arrest.
  15. Who shall pay fees for issue of process? Answer: The complainant shall pay fees for issue of process. However in GR case, no need to pay any fees.
  16. When personal attendance of the accused may be dispensed with? Answer: If the Court satisfies under section 205 of Cr P C, the accused may be represented by his pleader.
  17. What shall happen when there are two cases one GR and another CR on the same matter among same parties? Answer: The procedure of section 205D shall be followed. In this matter, the Court shall suspend inquiry till submission of the investigation report by police and if not satisfied therewith may order for proceed with the inquiry.
  18. Which section deals with summary trial? Answer: Sections 260 to 265 of the Cr P C.
  19. What may be the maximum punishment in a summary trial? Answer: 2 years.(section-262)
  20. Whether an appeal lies against summary trial? Answer: Yes. But appeal is not allowed when a Magistrate under section 260 passes a sentence of fine not exceeding two hundred taka in a summary trial(sec-414).
  21. What is the procedure of summary trial? Answer: The Court of Magistrate shall not elaborately record witnesses statements and arguments in a summary trial when appeal is not allowed. However, in a case when appeal is allowed all ordinary proceedings shall be followed. Sections 260 and 261 gives a list of sections under the Penal Code for which summary trial may be held.
  22. What shall be the language of the Court under the Cr P C? Answer: The Court shall conduct trial, taking of cognizance, framing of charges, recording of statements and pronouncement of judgements either in English or in the language of the Court decided by the Government (Section-558/356/367). The language of the Court means Bangla according to the Bangla Vasha Procholon Ain, 1987.
  23. Can a criminal case be compromised during pendency of appeal? Answer: Yes. A criminal case may be compromised or compounded at any time before judgement or even during pendency of appeal or revision.
  24. Who shall try an offence? Answer: There is a list given in Schedule II in column-8. When any allegation is made in an offence for which punishment is upto 3 years and or taka 5000 fine, it shall be tried by judicial Magistrate. When punishment in a cse is more than 5 years and/ or 10000 taka fine, it shall be tried by a senior Judicial Magistrate or Special Magistrate or any 1st Class Magistrate e.g. Metropolitan Magistrate. In the metropolitan area, all offences for which punishment is upto 5 years imprisonment shall be tried by the Metropolitan Magistrate because there is no Judicial Magistrate or magistrate with 2nd or 3rd class. If the government empowered, the CJM/ACJM or CMM/ACMM may try an offence for which maximum 7 years imprisonment may be imposed. In general Joint Sessions Judge shall try an offence for which punishment is from 5 years imprisonment to maximum 10 years imprisonment. If there is an offence for which punishment is more than 10 years upto imprisonment for life and/ or death penalty, it shall be tried by the District or Metropolitan Sessions Judge or by and Additional District/ metropolitan Sessions Judge.
  25. What is the difference between cognizance Court and trial Court? Answer: A cognizance court takes or receives a case at the first stage and retains its authority till submission of Charge sheet or police report or inquiry report and in Bangladesh CJM or CMM Court has given this cognizance power except some special Courts having jurisdiction on special matter. However a trial Court means a Court as stated in question no. 170 above who shall frame charges and pass judgements after taking evidences thereof.
  26. Who can take cognizance with respect to offence of rape by a husband? Answer: The CJM or CMM. (section 561 of Cr P C).
  27. Which sections deals with transfer of criminal cases under the Cr P C? Answer: The provisions of the Code of Criminal Procedure regarding transfer of criminal cases may be discussed as under:
    • Transfer of cases after taking cognizance and before commencement of trial under sections 191, 192, 205C or 205CC;
    • Transfer of cases pending trial and before pronouncing judgment under sections 346, 347 and 349 ;
    • Transfer of cases at any stage of criminal proceedings by the Appellate Division; High Court Division or Sessions Court under chapter XLIV of the Cr P C.

 

  1. Who shall apply for transfer of a criminal case? Answer: Both the parties or any party to a case may apply for transfer of a criminal case.
  2. Where shall you apply for transfer of a criminal case? Answer: If the case is pending before Judicial magistrate application to be submitted to the CJM, if the case is pending before any other magistrate with jurisdiction of a 1st class magistrate, application may be made before the CJM or CMM for transfer as the local jurisdiction applies to the case (section-528), If the case pending before a CJM or CMM, or any other criminal Courts including Joint Sessions Judge, Additional Sessions Judge, application to be submitted before the Sessions Judge for transfer (section-526B), if any case remains pending for trial before sessions Judge or any Criminal Courts subordinate to the High Court Division (HCD), an application for transfer shall be filed to the HCD (Section-526), if the case is pending before a HCD or any bench or permanent bench, application for transfer shall be lodged before the Appellate Division (Section-525A).
  3. What shall happen if a proceeding is held in a wrong place? Answer: It shall not be set aside unless it appears that such error has in fact occasioned a failure of justice(section-531).
  4. Can a sentence be passed without framing of charge? Answer: Section-535 states that a sentence may be passed without framing of charge and it shall not be set aside unless in the opinion of an appeal or revision Court decides that a failure of justice has in fact been occasioned thereby.
  5. Who can swear affidavit? Answer: Any person authorized by the Court for the purpose including clerk or officials (section-539).
  6. What is local inspection? Answer: Section-539B states that Any Judge or Magistrate may at any stage of any inquiry, trial or other proceeding, visit a place with due notice to the parties and prepare a memorandum thereof which shall form part of records. It may be given to the parties free of costs.
  7. In what stage presence of the accused is mandatory? Answer: During or at the time of taking of evidences (section-353 of Cr P C), framing of charges and pronouncement of judgements. However, personal attendance may be exempted during taking of evidences i.e. inquiry or trial when the accused shall be represented by his pleader(section-540A), but not in time of charge framing or pronouncing judgements. If the person absconds, a tribal in absentia shall be held.
  8. Can any place be declared as prison? Answer: yes. (Section-541)
  9. Who shall bear expenses for attending of a witness before inquiry, trial or other proceeding? Answer: Section-544 of Cr P C states that the Government shall bear expenses. However, expenses may be given out of fine(section-545).
  10. Can a person subject to military, naval or air force law may be tried by this Code? Answer: Yes. But, if the offence is triable by Court martial, he shall be handed over to the respective authority. (section-549)
  11. Under which section Court can compel restoration of abducted females or child? Answer: Section-552 followed by section 100 of Cr P C.
  12. Can a judge or magistrate try a case when he is personally interested? Answer: No. (section-556)
  13. What power may be exercised by police for search? Answer: Police may compel entrance and also exit and even reasonable power such as broken of doors or windows may be allowed, if they are resisted or confined (section-46 to 53 of Cr P C). However, search warrant is important for ensuring civil rights during search (section-96/97 of Cr P C).
  14. Can a woman be searched by a male police? Answer: No. (section-52 of Cr P C).
  15. Which section states that a person must be placed before the nearest Magistrate within 24 hours? Answer: Section-61/81 of the Cr P C and article 33 of the Constitution.
  16. Can a person asked to show the arrest warrant? Answer: yes. (section-80 of Cr P C).
  17. What shall happen if any person is escaped from lawful custody? Answer: He shall be pursued by the concerned person from whose custody he escaped at anywhere in Bangladesh and can use reasonable force (section-66 and 67 of Cr P C).
  18. Is there any forms for summon? Answer: yes. Section 68, 555 and also in schedule-V.
  19. Is there any form for warrant? Answer: yes, there are prescribed forms. Section 75, 555 and also in schedule-V.
  20. Can a warrant be issued against a witness or a complainant or informant? Answer: yes.
  21. Whether a person is bound to assist police or Court or Magistrate? Answer: yes. (section-42).
  22. Which section states on Sentence in cases of conviction of several offences at one trial? Answer: section-35 of Cr P C.
  23. Is there any option in Bangladesh for Deduction of imprisonment in cases where convicts may have been in custody? Answer: yes, section-35A of Cr P C is applicable in such a case.
  24. Which section states higher power of certain Magistrates? Answer: Section-33A. However, section-29C also states on the case.
  25. Which section states jurisdictions in case of juveniles? Answer: Section-29B of cr P C.
  26. Which sections of Cr P C states on the provisions of Justices of Peace? Answer: Sections 22 and 25.
  27. Who are ex-officio justices of the peace? Answer: In virtue of their respective offices, the Judges of the Supreme Court are Justices of the Peace within and for of the whole of Bangladesh, Sessions Judges, Chief Judicial Magistrate and Metropolitan Magistrates are Justices of the Peace within their respective jurisdictions (section-25).

201.Which section states of formation of Benches of Metropolitan Magistrates? Answer: Section-19 of Cr P C.

  1. Which section states of formation of Benches outside Metropolitan areas? Answer: Section-15 of Cr P C.
  2. Which section of Cr P C states on the formation/ constitution of Court of Sessions? Answer: Section-9.
  3. Which section of Cr P C states on the formation/ constitution of Judicial Magistrates? Answer: Section-11.
  4. Which section of Cr P C states on the formation/ constitution of Executive Magistrates? Answer: Section-10.
  5. Which section of Cr P C states on the formation/ constitution of Special Magistrates? Answer: Section-12.
  6. Which section states about the classes of criminal Courts? Answer: Section-6 of Cr P C.
  7. Which section states on the trial under penal Code and other Laws? Answer: Section-5 of C r P C.
  8. On what grounds commission may be appointed in a criminal case? Answer: To examine witnesses when he cannot appear without unnecessary delay, costs, inconveniences or when he is sick or outside local jurisdiction etc,.
  9. Who shall be appointed as Commission? Answer: Any magistrate under whose jurisdiction the witness believes to be resides.(section-503)
  10. How the parties may take part in a commission process? Answer: Parties may send interrogatories to the concerned Commission to ask such questions to the witness (section-505).
  11. Can a commission be used outside Bangladesh? Answer: yes. (section-503 and 508A)
  12. Can a report and record of commission be accepted as evidence? Answer: yes, Section-507.
  13. Which evidence shall be given or submitted through affidavit? Answer: Evidence of formal character such as medical witnesses report or poet-mortem report or chemical examination report etc,. (section-510A of Cr P C).
  14. What are PC and PR? Answer: It means previous conviction (PC) and Previous Report (PR). The PC and PR shall accompany charge sheet.
  15. How previous conviction or acquittal can be proved? Answer: Section-511 states on the matter. It can be proved by records of police station or jail authority etc,.
  16. can an evidence be recorded for future references? Answer: yes under section-512 of the Cr P C when the accused is absconded or the offenders are unknown.
  17. What is UD case? Answer: It means unnatural Death Case under section-174 and 176 of Cr P C.
  18. Which section states on expert opinion? Answer: Section-45 of the Evidence Act, 1872. Sections 509, 509A and 510 also states on various expert opinions. It is also mentioned in special Laws such as DNA Act, 2014.
  19. Who shall apply section 144 and 145 of Cr P C? Answer: District Magistrate or an Executive Magistrate.
  20. When section 144 may be applied? Answer: If any person apply or by suo motu for maintaining discipline and for the interest of saving public health and public property or to prevent riot, affray, public disturbances.
  21. Whether section 144 can be applied in metropolitan area? Answer: No. However, metropolitan police may exercise same power under the metropolitan police ordinances.
  22. How long an order under section 144 may remain in force? Answer: maximum 2 months from the date of declaration.
  23. How an order under section may be rescind or altered? Answer: The magistrate by his own motion or on the application of parties may rescind or alter his previous order under section-144.
  24. Under which law curfew may be imposed? Answer: Under the Special Powers Act, 1974.
  25. Under which law emergency may be declared? Answer: According to Articles 141A/141B/141C of the Constitution.
  26. What is the meaning of land or water under section-145 of Cr P C? Answer: The expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.
  27. What is the object of section-145 of Cr P C? Answer: To keep and maintain peaceful possession.
  28. Can a criminal Court pass any order on ownership of property? Answer: No. Only Civil Court can decide ownership of property.
  29. Who shall be considered as actual possessor under the section 145 of Cr P C? Answer: The person who was dispossessed under threat and coercion within two months from the date of filing a case under this section.
  30. Whether a Court of Executive Magistrate may ask for submission of relevant papers or documents under section 144/ 145 of Cr P C? Answer: Yes, if necessary to identify the real possessor.
  31. Can a property be attached during inquiry or trial under section 144/ 145? Answer: yes. The Executive Magistrate Court may attach it until a competent Court has determined the rights of the parties thereto.
  32. Whether a local inquiry may be conducted by Executive magistrates? Answer: Yes, under section 148 of Cr P C.
  33. Which sections states on disposal of property pending trial or inquiry? Answer: Section-516A applies to preserve and disposal of property in pending trial or inquiry whereas section 517 applies to disposal property after the conclusion of an inquiry or trial by acquittal or discharge.
  34. What remedies are available if an application under section 516A for disposal of property is rejected? Answer: Revision to the Higher Court under sections 439 or 439A.
  35. Which section deals with Destruction of libelous and other matter? Answer: Section 521 of Cr P C.
  36. How possession may be protected under the Cr P C? Answer: Sections 144/145 and 522 states on the protection of possession.
  37. How police shall deal with stolen property or seized property? Answer: Police shall send those to a magistrate or a list thereof through chalan (Section-51 and 523).
  38. What is the time duration for restoration of seized property? Answer: Six months from the date of seizure.
  39. What shall happen if a property needs to be seized is perishable or livestock etc,.? Answer: It can be sold and the money may be deposited to the accounts of the Court.
  40. Which section provides police power of inspection of weight and measurement? Answer: Section-153 of Cr P C.
  41. Which law states on examination-in-chief, cross examination and re-examination? Answer: Section 137 of the Evidence Act, 1872.
  42. What shall happen if an accused does not understand proceedings? Answer: The matter shall be reported to the High Court Division for its order with a report thereof. (Section-341 of Cr P C)
  43. Who is an approver? Answer: Section-337 states about the person who knows the facts and circumstances but not directly involved in committing the crime may be an approver or rajshakkhi.
  44. What is called demeaneour of a witness? Answer: The body language and face posture of the witness. When a session Judge or magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeaneour of such witness whilst under examination. (section-363 of Cr P C)
  45. Whether trial shall be in open Court or in camera? Answer: The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed an open Court, to which the public generally may have access (section-352 of cr P C). However, there is a provision of camera trial in many laws including the Women and Child Repression Prevention Tribunal Act.
  46. Which section states that when any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead? Answer: Section-368 of the Cr P C.
  47. Whether a judgement may be reviewed after signed by a Criminal Court? Answer: No Court when it has signed its judgment shall alter or review the same, except to correct a clerical error.(section-369 of Cr P c)
  48. How to collect a certified copy of judgement? Answer: A copy of the judgment shall be given to the accused on his application being free of cost except in the cases under chapter XX (of trials by the Magistrate/( section-356). (Section-548 of Cr P C)
  49. What procedure is mentioned in the Cr P C in certain cases of contempt? Answer: When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Penal Code is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may, if it thinks fit, take cognizance of the offence and sentence the offender to fine not exceeding two hundred taka, and, in default of payment, to simple imprisonment for a term which may extend to one month unless such fine be sooner paid.(section-480 of Cr P C)
  50. Whether a witness may be punished under the Cr P C? Answer: Yes. Section-485 states for 7 days simple imprisonment for not producing documents or not giving answers and also fine not exceeding taka two hundred and fifty. An appeal lies against such order.
  51. State the provisions of Cr P C on lunatic?

Answer: If at the trial of any person before a Magistrate or a Court of Sessions, it appears to the Court that such person is of unsound mind and consequently in capable of making his defence, the Court shall postpone the proceedings and send the person to a surgeon for examination. In the meantime upon satisfaction, the Court may grant bail on sufficient security that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person and if bail not granted shall order the accused to be detained in safe custody in a lunatic asylum established by the Government or Private person under the Lunacy Act, 1912 (sections 464,465 and 466 of Cr P C). The Court may resume the inquiry or trial if the person is capable of making his defence (section-467 and 468 of Cr P C). If the accused appears to be of sound mind at the time of inquiry or trial but for his unsoundness of mind he failed to understand the nature and consequences of his act, the Court shall acquit him (section-469 and 470 of Cr P C). If the Magistrate or Court thinks that the act alleged constitutes an offence committed by the lunatic person, he shall be detained in safe custody (section-471). When an accused detained under section-466 or 471 is capable of making his defence, the Court shall proceed with the matter. And the lunatic person may finally be released with the report of the commission consisting of a judicial and two medical officers (section-474 and 475 of Cr P C). 

 

 

    When any person who has committed an offence and later on became insane or lunatic, he or she will never be relieved from his liability. Whenever he will became capable of making his defence, he will be tried as per the provisions of section 468 of Cr P C. A lunatic may be detained in any types of asylum. It is important to note that the questions of unsoundness of mind must be ascertained in the first instance and this is the preliminary issue non-compliance of which shall vitiates the trial. Section 466 and section 473 need to be read together. Section 469 read with section 470 provides that the Court shall acquit the accused where it is satisfied from the evidence that he was at the time of the commission of the offence incapable of knowing the nature of the act. The provisions of Lunacy Act, 1912 should be followed to take a person into public lunatic asylum and to improve his physical and mental condition.

 

 

    Revision lies against the order of the Magistrate under section 439A Cr P C and against the order of Sessions Judge to the High Court Division.

 

  1. How the ejahar or FIR to be reproduced?

Answer: The procedure of making copies of F I R is mentioned in Regulation 246 of the Police Regulation Bengal, 1943.

  1. Who shall open a criminal case before Sessions Judge? Answer: The Prosecution under section 265A of Cr P C.
  2. How a judgement shall be forwarded for execution? Answer: Every judgement shall be passed in the form of a warrant. If the judgement is death penalty, it shall be forwarded to the HCD for confirmation and after receiving the order of confirmation of the HCD, it shall be carried out by issuing a warrant to the jailor if he is confined in jail (section-381 and 385 of Cr P C).

    Under section 384 every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.

    If the judgement is passed against a person who is absconded, it shall be executed as soon as he is arrested.

  1. How a judgement shall be executed against a child? Answer: Section-399 of Cr P C states that when a person under the age of 15 is sentenced by a criminal court, the Court may direct that such person, instead of being imprisoned in a criminal jail be confined in any reformatory established by the Government or in any training centre.
  2. What is the provision in respect of Sentence on offender already sentenced for another offence?

    Answer: When any person already undergoing a sentence of imprisonment or imprisonment for life is sentenced to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence (section-397 of Cr P C).

  1. How sentences shall be executed against escaped convict? Answer: Section-396 (1) of Cr P C provides that when sentenced is passed on an escaped convict, such sentence, if death, fine or whipping, shall take effect immediately and if of imprisonment shall take effect according to the following rules:
  • if the new sentence is severe it will take effect immediately;
  • if the new sentence is not severe than the sentence which was undergoing when he escaped shall take effect;

      It is explained that a sentence of imprisonment for life shall be deemed severer than a sentence of imprisonment and a sentence of imprisonment with solitary confinement shall be deemed severer than a sentence without solitary confinement and a sentence of rigorous imprisonment shall be deemed severer than a sentence of simple imprisonment.

  1. Can an offender be detained in attending courts without warrant? Answer: Yes. (section-351 of Cr P C)
  2. Whcih sections states inherent power of High Court Division in a criminal proceeding? Answer: Section-561A commonly known as Quashment.
  3. When an application of Quashment shall be filed? Answer: It is now a set principle that application for Quashment shall be filed after submission of charge sheet. However, there was a practice to submit petition after FIR which is subsequently overruled by the Supreme Court.
  4. Is there any difference between ejahar and FIR? Answer: yes ejahar is in hand written and FIR is on prescribed form reproduced from ejahar.
  5. Which section of Cr P C states bailable and non bailable offence? Answer: Section 4(b)
  6. Which section of Cr P C defines advocate? Answer: Section 4(a).
  7. What is TI parade? Answer: It means Test Identification Parade. The object of TI parade is to identify the criminal or offenders committed a crime by the complainant.
  8. Which section of Cr P C defines offence? Answer: Section 4(o) of the Cr P C.
  9. Which section of Cr P C states on body search? Answer: Section 51.
  10. Which section defines charge? Answer: Section 4(c) of cr P C.
  11. Under which section Magistrate may order for arrest in his presence? Answer: section-65 of Cr P C.
  12. Under which section police may arrest a vagabond? Answer: section-55 of cr P C.
  13. Under which section search may be conducted for forged documents or stolen property? Answer: Section 98 of Cr P C.
  14. Which section empowers to exhume a body from graveyard? Answer: Section-176 of Cr P C.
  15. Can police issue a summon? Answer: yes, in compliance with court order for investigation.
  16. Which sections states framing of charge by Magistrate and framing of Charge by Sessions Judge? Answer: Section-242 by Magistrate and section 265D by Sessions Judge.
  17. Which sections states discharge charge by Magistrate and discharge Charge by Sessions Judge? Answer: Section-241A by Magistrate and section 265C by Sessions Judge.
  18. Which sections states acquittal by Magistrate and acquittal by Sessions Judge? Answer: Section-245(1) by Magistrate and section 265H by Sessions Judge.
  19. Which sections states conviction by Magistrate and conviction by Sessions Judge? Answer: Section-245(2) by Magistrate and section 265K by Sessions Judge.
  20. Who shall apply for discharge? Answer: Accused.
  21. Who shall apply for narazi petition? Answer: Complainant or prosecution.
  22. At what stage discharge petition shall be submitted? Answer: After submission of police report before framing of charge.
  23. Which section states discharge from custody? Answer: Section-500 of Cr P C.
  24. What is DF? Answer: Date of filing.
  25. What is ND? Answer: Next Date.
  26. What is A/D? Answer: Acknowledgement Due.
  27. What is S/R? Answer: Summon return.
  28. What is PW? Answer: prosecution witness or production warrant.
  29. What is DW? Answer: defence witness.
  30. What is ww? Answer: witness warrant.
  31. What is SD? Answer: Settling date.
  32. What is CD? Answer: case Diary.
  33. What is CS? Answer: Charge Sheet.

291.What is SW? Answer: Search warrant.

  1. What is PP? Answer: Public prosecutor.
  2. What is CSI or IO? Answer: Court Sub-inspector or Investigation Officer.
  3. What is GRO? General registration Officer.
  4. What is DM/ ADM/CJM/CMM/ACJM/ACMM/JM? Answer: District Magistrate/ Additional District Magistrate/ Chief Judicial Magistrate/ Chief Metropolitan Magistrate/Additional Chief Judicial Magistrate/ Additional Chief Metropolitan Magistrate.
  5. Can a police diary be called by the accused or his agents? Answer: No. section 172(2) of Cr P C.
  6. How police shall submit reports to a Magistrate? Answer: By himself and if so directed by through his superior officer. (section-158).
  7. Where shall you file a case for Cheque dishonor and who shall try it and what is the highest punishment? Answer: Case to be filed before CJM/CMM and it shall be adjudicated by the Sessions Judge when 1 year imprisonment with maximum three times of the claimed amount may be fined.
  8. Who prepares inquest report and who makes post mortem report? Answer: police and Civil surgeon respectively.
  9. Who shall appoint PP? Answer: The Government. However in special cases Court may appoint a lawyer as PP.

301.When examination of a complainant is not necessary? Answer: if the complainant is a Court.

  1. What is the age of a person/accused for granting bail in non-bailable offence? Answer: 16 years.(section-497)
  2. Who is an informant and who is complainant? Answer: If the case is filed to police station, the person making the allegation is informant and if it is filed in the Judicial magistrate Court , the complainant.
  3. A criminal Court may ask for the police diary of a case for the purpose of using it for inquiry or trial not as evidence.
  4. When a Magistrate accepts a final report the accused shall be discharged and when accepts on withdrawal of a complaint the accused shall be released.

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  1. The Penal Code, 1860 (Partly)

 

The Penal Code (PC) , 1860

  1. What is the serial number of the Penal Code as an Act? Answer: XLV (forty five) of 1860  
  2. When the Penal Code was enacted? Answer: 06 October, 1860
  3. When the Penal Code became effective or came into force? Answer:
  4. How many sections are in the penal Code? Answer: 511 sections.
  5. When the word ‘Pakistan Penal Code’ was substituted by ‘the Penal Code’ only and under which Law? Answer: section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  6. What type of law is the Penal Code? Answer: It is a substantive law.
  7. Whether Penal Code is an ordinary law or a special law? Answer: Ordinary law.
  8. How many times the Penal Code was amended?
  9. When the Penal Code was amended lastly in Bangladesh and by which law?
  10. When the word transportation for life was substituted by imprisonment for life and by which statute? Answer: By section 22 of thePenal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).
  11. Under which section of the Penal Code ‘offence’ is defined? Answer : section 40.
  12. Which section of the Penal Code classifies ‘punishments’? Answer: 53
  13. Whether the title of the code is the penal Code or Bangladesh Penal Code? Answer: The Penal Code, 1860.
  14. Can a foreigner be punished under the Penal Code, 1860? Answer: Yes, if he commits an offence in Bangladesh and convicted by authorized courts (section-2).
  15. If any person commits offence beyond Bangladesh, can he be punished by this Code? Answer: Yes. (section-3 & 4)
  16. What is the limitation of the Penal Code? Answer: The Penal Code is not applicable for the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the 8[Republic], or of any special or local law.(section-5)
  17. Which section of the Penal Code states that ‘he’ includes male and female? Answer- Section-8.
  18. Whether the word ‘man’ includes woman or not? Answer: No (section-10)
  19. Whether the word ‘man’ and ‘woman’ includes male and female child of any age? Answer: Yes.(section-10)
  20. What is the meaning of person under the Penal Code, 1860? Answer: Person includes any Company or Association, or body of persons, whether incorporated or not.(section-11)
  21. What is the meaning of ‘government’ under the Penal Code? Answer: The word Government denotes the person or persons authorized by law to administer executive Government in Bangladesh, or in any part thereof. (section-17)
  22. Can ‘collector’ be considered as a judge? Answer: Yes. (section-19)
  23. When a Magistrate shall not be considered as a judge? Answer: A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge. (section-19, illustration-D)
  24. When Magistrate is a judge under the Penal Code? Answer: A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment with or without appeal, is a Judge. (section-19, Illustration- B)
  25. Which section of the Penal Code defines ‘public servant’? Answer: section-21.
  26. Which section of the Penal Code defines “servant of the state’? Answer: Section 14.
  27. Whether every Commissioned Officer in the Military, Naval or Air Forces of Bangladesh is a public servant? Answer: Yes. (section 21)
  28. Whether a ‘judge’ is a public servant? Answer: yes. (section-21)
  29. Whether every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court; and every person specially authorized by a Court of Justice to perform any of such duties is a public servant? Answer: yes. (section 21)
  30. Which section states that ‘Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement’ is a public servant? Answer: section 21.
  31. Which section provides that ‘Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority’ is a public servant? Answer: section 21.
  32. “Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant” – is a public servant. (section-21)
  33. “Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience”- is a public servant. (section-21)
  34. “Every officer whose duty it is, such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interest of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government “- is a public servant. 9section 21)
  35. “Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district”- is a public servant. 9section-21)
  36. “Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election” – is a public servant. (section-21).
  37. “Every person-

    (a) in the service or pay of the Government or remunerated by the Government by fees or commissions for the performance of any public duty;

    (b) in the service or pay of a local authority or of a corporation, body or authority established by or under any law or of a firm or company in which any part of the interest or share capital is held by, or vested in, the Government.”

Is a public servant.

 

  1. Whether “A Municipal Commissioner is a public servant” or not? Answer: yes. (section-21, illustration).
  2. If any person falls within the definition of section-21 but was not appointed by the Government can he be considered as public servant? Answer: yes, under section-21, explanation-1.
  3. Define the term, ‘movable’ property. Answer: The words "moveable property" are intended to include corporeal property of every description, except land and thing attached to the earth or permanently fastened to anything which is attached to the earth. (section-22)
  4. What is the meaning of wrongful gain? Answer: Wrongful gain means gain by unlawful means or illegal way. (section-23), e.g. theft case where the thief is a gainer wrongfully.
  5. What is the meaning of wrongful loss? Answer: It means loss by unlawful means of property to which the person losing it is legally entitled. 9section-23) e.g. theft case where the owner of property is a wrongfully looser.
  6. What is the meaning of ‘dishonestly’? Answer: Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly". (section-24)
  7. Who is a possessor of property? Answer: The man who is the owner and actual possession or When property is in the possession of a person's wife, clerk or servant, on account of that person, it is in that person's possession within the meaning of this Code. (section-27)
  8. What is counterfeit? Answer: It means imitation or resembles of a product with a intent to practice deception. (section-28)
  9. What is the definition of ‘document’ under the penal Code? Answer: The word "document" denotes any matter expressed or described upon any substance by means of letters, figures, marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

    Explanation-It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court of Justice, or not. (section-29)
  10. Whether ‘endorsement’ back to a bill is a document? Answer” yes. (section-29, explanation)
  11. Give five examples of document. Answer: Cheque, contract, power of attorney, map or plan, writing containing directions etc,. which may be used as evidence. (section-29, illustration)
  12. Define the term ‘valuable security’. Answer: The words "valuable security" denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.(section-30)
  13. Which section of the Penal Code states on ‘common intention’? Answer: Section-34.
  14. Which section defines ‘offence’ in the Penal Code? Answer: Section 40.
  15. Define offence. Answer: Offence is an act or omission which is punishable by law.
  16. Define ‘special law’. Answer: A "special law" is a law applicable to a particular subject. Here subject means a person or a thing or matter etc,. (section-41)
  17. Define ‘local law’. Answer: A "local law" is a law applicable only to a particular part of the territories comprised in Bangladesh.(section-42)
  18. Define ‘injury’. Answer: The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property. (section-44)
  19. Define ‘hurt’. Answer: Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. (section-319)
  20. What do you mean by ‘grievous hurt’? Answer: Section-320 enumerated that the following kinds of hurt only are designated as "grievous":-

    -Emasculation.
    Secondly.-Permanent privation of the sight of either eye.
    Thirdly.-Permanent privation of the hearing of either ear.
    Fourthly.-Privation of any member or joint.
    Fifthly.-Destruction or permanent impairing of the powers of any member or joint.
    Sixthly.-Permanent disfiguration of the head or face.
    Seventhly.-Fracture or dislocation of a bone or tooth.
    Eighthly.-Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
  21. What is the difference between hurt and grievous hurt? Answer:

Hurt

Grievous hurt

Section 319 defines hurt

Section 320 provides various types of hurt stated as grievous hurt

Hurt relates to an offence affecting whole or any part or parts of the body

Grievous hurt is hurt where the nature and consequences is severe and grave that is affecting some essential organs of the body viz- face, eyes, bone, teeth, ear hearing, joints, head, eye sight.

For hurt punishment is less serious than grievous hurt

For grievous hurt punishment is serious

Punishment for voluntarily causing hurt is imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand taka, or with both(section-323). However, if voluntarily causing hurt is caused by dangerous weapon, the accused/ offender shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both (section-324). For Voluntarily causing hurt to extort property or to constrain to an illegal act, punishment is imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine (section-327). Voluntarily causes hurt to any person by poison or any stupefying, intoxicating or un- wholesome drug, or other thing shall be punished with imprisonment of either description for a term may which extend to ten years, and shall also be liable to fine(section 328). Voluntarily causing hurt to extort confession, or to compel restoration of property is punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine(section-330). Voluntarily causing hurt to deter public servant from his duty is punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both (section-332) . For Voluntarily causing hurt on provocation is punishable with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred taka, or with both (section-334). Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred taka, or with both (section 337).

Punishment for voluntarily causing grievous hurt is imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine (section-325). However, if voluntarily causing grievous hurt is caused by dangerous weapons or means or substances or animals, punishment shall be imprisonment] for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine (section-326). Voluntarily causing grievous hurt in respect of both eyes, head or face by means of corrosive substance, etc is punishable with death, or imprisonment for life and shall also be liable to fine (section 326A). For Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act is punishable with  imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine (section 329). For Voluntarily causing grievous hurt to extort confession, or to compel restoration of property, an offender shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine (section-331). For Voluntarily causing grievous hurt to deter public servant from his duty, the offender shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine(section-333). For Voluntarily causing grievous hurt on provocation, a person shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand taka, or with both (section-335). Whoever Causing grievous hurt by act endangering life or personal safety of others shall be punished with imprisonment of either description for a term which may extent to two years, or with fine which may extend to five thousand taka, or with both (section 338). Whoever causes grievous hurt to any person by driving any vehicle or riding on any public way so rashly or negligently as to endanger human life, or the personal safety of others shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both (section 338A).

Note- Sections no.(s) are given after mentioning provisions thereof.

  1. Distinguish between hurt and injury. Answer:

Hurt

Injury

Section 319 of the Penal Code defines hurt

Section-44 of the Penal Code defines injury

Hurt relates to body

Injury relates to body, mind, reputation and property

Only criminal case can be filed for hurt

Both civil and criminal case/ suit can be filed for injury

Hurt is that part of injury which is connected to body and therefore narrow in its meaning.

Injury includes hurt and is very wide.

 

 

 

 

  1. What is common intention? Answer: Section 34 of the Penal Code states on common intention. When several persons commit a criminal act with pre-arranged plan, preparation and knowing the nature and consequences of the act with individual participation and responsibilities of all of them, it is common intention. When a criminal act is done with common intention all of them shall be equally, jointly and severally be liable. It is not necessary that all accused persons participation shall have equal nature but they shall be equally liable for the act.
  2. Distinguish between common intention and common object

 

 

 

  1. What is good faith? Answer: Good faith means an act which is done or believed to be done with due care and attention. (section 52)
  2. What do you understand by ‘harbour’ under the Penal Code? Answer: Harbor means supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension or arrest. (section 52A).
  3. Which section of the Penal Code provides various types of punishment? Answer: section-53.
  4. How many types of punishments are mentioned in our law? Mention names of those types.

Answer: 8 types of punishments are mentioned in the laws of Bangladesh. A punishment may be given separately or in conjunction with another punishment e.g. imprisonment and fine. The various types of punishments are:

According to section-53 of the PC ,The punishments to which offenders are liable under the provisions of this Code are,-

Firstly,- Death;

Secondly,- Imprisonment for life;

Thirdly, Imprisonment, which is of two descriptions, one is:-

Rigorous, that is, with hard labour; i.e. rigorous imprisonment

Fourthly, Simple imprisonment ;

Fifthly,- Forfeiture of property;

Sixthly,- Fine.

Seventhly, Whipping (in the Jail Code, 1864 and Cr P C, 1898)

Eighthly, Solitary confinement (section 73 of the Penal Code)

Explanation.-In the punishment of imprisonment for life, the imprisonment shall be rigorous.

  1. Who can commute sentences of death or imprisonment for life or other sentences under various laws? Answer: President under Article-49 of the constitution of Bangladesh and also section 55A of the PC and section 402A of the Cr P C. The government under sections 54,55 of the PC and sections 401 and 402 of the Cr P C. According to the Jail Code, 1864, the Jail authority can reduce the tenure of sentences of a prisoner or convicted (koyedi) under certain circumstances. However in practice, the President is commuting sentences in consultation or recommendations given by the Prime Minister.
  2. What is the duration of imprisonment for life? Answer: In calculating fractions of terms of punishment,  imprisonment for life shall be reckoned as equivalent to  rigorous imprisonment for thirty years (section-57 of the Penal Code). However under section-55 of PC, In every case in which sentence of imprisonment for life shall have been passed, the Government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding twenty years. And for good attitude, behavior and conduct, the Jail authority may reduce 2-days in every week from the sentence. As per jail Code, 1864 in calculating imprisonment, government holidays shall not be counted and as such a year may be reduced to 8/9 months. Therefore, imprisonment for life may be reduced to 13/14 years. Again, the President may commute sentences at any time. So, imprisonment for life is commonly 30 years.
  3. Under which law a person/ accused may be given punishment till death or more than 30 years? Answer: Under the ICT i.e. International crime Tribunal Act, 1973 for committing genocide, offence against humanity, war crimes and other international crimes of human nature.

 

  1. Whether the punishments shall be calculated consecutively or concurrently? Answer: The Judge will decide the matter when pronounces judgments. Consecutively means one after another and concurrently means at a time e.g. a person was convicted for 5 years imprisonment for theft and 2 years imprisonment for hurt. If it is consecutively, he will suffer (5+2)=7 years in jail. However, if it is concurrently, he will suffer 5 years in jail as remaining one day in jail means his one day punishment will be deducted from all punishments.

 

  1. Whether a sentence may be partly rigorous and partly simple? Answer: yes. (section-60)

 

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(We are working on the rest topics). Please go through MCQ portion of this page where all topics are included

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  1. The Code of Civil Procedure (coming soon in details…)

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  1. When the Code of Civil procedure was adopted and when it came into force and what is the serial no. of the Act/statute/ law?

Answer: Act no.  V (five) of 1908    , adopted on 21 March, 1908 and entry into force on January 1, 1909

  1. When the Code of criminal procedure was adopted and when it entered into force and what is the serial no. of the Act/statute/ law?

Answer: Act no.  V (five) of 1898   , adopted on 22 March, 1898 and entry into force on July 1, 1898

 

  1. When the Evidence Act was adopted when it came into force and what is the serial no. of the Act/statute/ law?

Answer: Act no.  I (One) of 1872    , adopted on 15 March, 1872 and entry into force on September 1, 1872

 

  1. When the Specific Relief Act was adopted and when it entered into force and what is the serial no. of the Act/statute/ law?

Answer: Act no.  I (One) of 1877    , adopted on 07 February, 1877 and entry into force on May 1, 1877

 

  1. When the Limitation Act was adopted when it came into force and what is the serial no. of the Act/statute/ law?

Answer: Act no.  IX (Nine) of 1908    , adopted on 07 August, 1908 and entry into force on January 1, 1909

 

  1. When the Penal Code was adopted and when it came into force and what is the serial no. of the Act/statute/ law?

Answer: Act no.  XLV (forty five)  of 1860   , adopted on 06 October, 1860 and entry into force on October 06, 1860

 

  1. When the Bangladesh bar Council Order was adopted and when it came into force and what is the serial no. of the Act/statute/ law?

Answer: President’s Order No.46 (forty six) of 1972   , adopted on 18 May, 1972 and entry into force on 18 May, 1972

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  1. The Evidence Act, 1872

 

Q.1. What is the title of ‘Evidence Act’?

Answer: The Evidence Act, 1872.

Q.2. When the Evidence Act was enacted?

Answer: In the year of 1872.

Q.3. What is the serial no. or act no. of the Evidence Act?

Answer: Act No. I of 1872.

Q.4. When the Evidence Act came into force?

Answer: On the first day of September, 1872.

Q.5. When the Evidence Act was adopted?

Answer: On the 15th day of March 1872.

Q.6. How many sections are in the Evidence Act?

Answer: There are167 sections are in the Evidence Act.

Q.7. How many schedules or articles are in the Evidence Act?

Answer: There is no schedule or articles in the Evidence Act.

Q.8. What is the Limitation of the Evidence Act?

Answer: The Evidence Act is not applicable for Army Act, 1952 or Air Forces Act, 1953 or Naval Discipline Ordinance,1961. There is Bankers Book Evidence Act, 1891 and for electronics transactions or online activities other laws are also applicable such as Information and Communication technology (ICT) Act 2006 (2010) and for DNA the DNA Act, 2014 is applicable. The Evidence act is further not applicable in International Crimes Tribunal as established by the ICT Act, 1973.

Q.9. What is fact under the evidence Act?

Answer: "Fact" means and includes-

(1) anything, state of things, or relation of things capable of being perceived by the senses;

(2) any mental condition of which any person is conscious.

Illustrations



(a) That there are certain objects arranged in a certain order in a certain place, is a fact.

(b) That a man heard or saw something, is a fact.

(c) That a man said certain words, is a fact.

(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.

(e) That a man has a certain reputation, is a fact.

(section-3)

Q.10. What is evidence under the Evidence Act, 1872?

Answer: -"Evidence" means and includes 

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry: 

such statements are called oral evidence;

(2) all documents produced for the inspection of the Court; 

such documents are called documentary evidence.

(section-3)

Q.11.  What is document under the Evidence Act, 1872?

Answer: "Document" means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.

Illustrations



A writing is a document:

Words printed, lithographed or photographed are documents:

A map or plan is a document:

An inscription on a metal plate or stone is a document:

A caricature is a document.

(section-3)

Q.12. Define the term, proved, disproved and not proved.

Answer: A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.

A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.

A fact is said not to be proved when it is neither proved nor disproved. (section-3)

Q.13. Define the term ‘fact in issue’ and ‘relevant fact’.

Answer: One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.

any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.-The expression "facts in issue" means and includes

Explanation.-Whenever, under the provisions of the law for the time being in force relating to Civil Procedure any Court records an issue of fact. The fact to be asserted or denied in the answer to such issue is a fact in issue.

(section-3).

Q.14. Define the term may presume, shall presume and conclusive proof.

Answer: Whenever it is provided by this Act that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it:

Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved:

When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.(section-4)

Q.15.  Which sections deal with relevancy of facts?

Answer: Sections 5 to 55 of the Evidence Act states on relevancy of facts. Section-3 defines the term ‘relevancy of fact’.

Q.16. On what matter evidence may be given?

Answer: Evidence may be given on Fact in issue and relevant fact (section-5).

Q.17. Can evidence be given on relevant fact at the same transaction not occurred at the same time and place but at different time and places?

Answer: Yes. (section-6). (for an example libel or speaking during murder or collection of arms for waging of war or delivery of goods to persons instead of the original one)

Q.18. Whether facts which are the occasion cause or effect, immediately or otherwise, of facts in issue or relevant fact or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant?

Answer: yes. (e.g. health of a person before poisoned or struggle before  murdered or showing money before robbery). (section-7).

Q.19. Whether any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact?

Answer: Yes. (section-8). (e.g. in murder when known to a third party who was also murdered or bond refused but money taken by the person or poison procured by the accused before causing death of a person by poison of similar nature etc,.)

Q.20. A is accused of a crimeand absconded from his house- whether this is relevant fact?

Answer: Yes. (section-9)

Q.21. What is the substance of section-9 of the Evidence Act?

Answer: Facts necessary to explain or introduce is also relevant facts.

Q.22.  Give examples of some relevant fact under section-9 of the Evidence Act.

Answer:

(d) A sues B for inducing C to break a contract of service made by him with A. C, on leaving A's service, says to A- "I am leaving you because B has made me a better offer." This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue.

(e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B says as he delivers it- "A says you are to hide this." B's statement is relevant as explanatory of a fact which is part of the transaction.

Q.23. Whether things said or done by conspirator in reference to common design or common intention is relevant?

Answer: yes. (section-10).

Q.24. What is alibi?

Answer: It means the person was not present at the place of occurrence during commission of the offence.

Q.25. State the provisions of section-11.

Answer:

Section-11 states that “Facts not otherwise relevant are relevant–

(1) If they are inconsistent with any fact in issue or relevant fact;

(2) If by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.

Illustrations



(a) The question is whether A committed a crime at Chittagong on a certain day.

The fact that, on that day, A was at 8[ Dhaka] is relevant.

The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.

Q.26. What are relevant in  a suit of damages?

Answer: In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant. (section-12)

Q.27. Which facts are relevant to prove right or any customs?

Answer: . Where the question is as to the existence of any right of custom, the following facts are relevant:–

(a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence;

(b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from.

Illustration

The question is whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts. (section-13)

Q.28. How mens rea or state of mind or body is relevant?

Answer: Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will, or good-will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant.
Illustrations



(a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article.

The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession to be stolen.

(b) A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit.

The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit coin is relevant.

The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit is relevant.

(c) A sues B for damage done by a dog of B's, which B knew to be ferocious.

The facts that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant.
(e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B.

The fact of previous publications by A respecting B, showing ill-will on the part of A towards B is relevant, as proving A's intention to harm B's reputation by the particular publication in question.

The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B.

(f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss.

The fact that at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representation in good faith.

(g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor.

A's defence is that B's contract was with C.

The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a position to contract with B on C's own account, and not as agent for A.

(i) A is charged with shooting at B with intent to kill him. In order to show A's intent the fact of A's having previously shot at B may be proved.

(j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as showing the intention of the letters.

(k) The question is, whether A has been guilty of cruelty towards B, his wife.

Expressions of their feeling towards each other shortly before or after the alleged cruelty are relevant facts.

(l) The question is, whether A's death was caused by poison.

Statements made by A during his illness as to his symptoms are relevant facts.

(m) The question is, what was the state of A's health at the time an assurance on his life was effected.

Statements made by A as to the state of his health at or near the time in question are relevant facts.

(n) A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, whereby A was injured.

The fact that B's attention was drawn on other occasions to the defect of that particular carriage is relevant.

The fact that B was habitually negligent about the carriages which he let to hire is irrelevant.

(o) A is tried for the murder of B by intentionally shooting him dead.

The fact that A on other occasions shot at B is relevant as showing his intention to shoot B.

The fact that A was in the habit of shooting at people with intent to murder them is irrelevant.

(p) A is tried for a crime.

The fact that he said something indicating an intention to commit that particular crime is irrelevant.

The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant.

Q.29. whether an act was accidental or intentional, or done with a particular knowledge or intention may be relevant or not?

Answer: Relevant.

Illustrations



(a) A is accused of burning down his house in order to obtain money for which it is insured.

The facts that A lived in several houses successively each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant, as tending to show that the fires were not accidental.
(c) A is accused of fraudulently delivering to B a counterfeit Taka.

The question is, whether the delivery of the Taka was accidental.

The facts that, soon before or soon after the delivery to B, A delivered counterfeit Taka to C, D and E are relevant, as showing that the delivery to B was not accidental.

Q.30. When existence of a course of business is relevant?

Answer: When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. (section-16)

Illustrations

(b) The question is, whether particular letter reached A.

The facts that it was posted in due course, and was not returned through the Dead Letter office, are relevant.

 

Q.31. Define the term ‘admission’.

Answer: An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. (section-17)

An admission may be made by the party or his agent or representatives or by ay party interested to the property or subject matter. (Section-18)

The party making statements admitting any fact must prove his position to do so. (section-19)

Illustrations



A undertakes to collect rents for B.

B sues A for not collecting rent due from C to B.

A denies that rent was due from C to B.

A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.

Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. (section-20)

Illustrations



The question is whether a horse sold by A to B is sound.

A says to B–"Go and ask C; C knows all about it." C's statement is an admission.

Q.32. How to Proof of admissions, against persons making them, and by or on their behalf?

Answer:

Section-21 provided that Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they can not be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases:–

(1) An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 32.

(2) An admission may be proved by or on behalf of the person making it, when it consists of statement of the

existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is a accompanied by conduct rendering its falsehood improbable.

(3) An admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission.

Illustrations



(a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged.

A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.

(b) A, the captain of a ship, is tried for casting her away.

Evidence is given to show that the ship was taken out of her proper course.

A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under section 32, clause (2).

Q.33. When oral admissions as to contents of documents are relevant?

Answer: Oral admissions as to the contents of a document are not relevant, unless and until that the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. (section-22)

Q.34. When Admissions in civil cases are relevant?

Answer: In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.

Explanation.–Nothing in this section shall be taken to exempt any  Advocate from giving evidence of any matter of which he may be compelled to give evidence under section 126. (section-23)

Q.35. Define confession.

Answer: Confession means to confess guilty of an offence by the accused or other persons either before police or before magistrate. When any person confess his guilty before police, it is not acceptable as evidence except anything discovered based on such confession. However, a confession before magistrate is acceptable as evidence and a person may be published based on his pleading guilty through such confession. Sections 24 to section 30 of the Evidence Act states on confessional statements while section 161 of Cr P C states on confession before police and section 164 provides on confession before Magistrate that shall be recorded following provisions of sections 364 of cr P C.

Q.36. When confession made by an accused person is irrelevant? How the confession may be relevant?

Answer: If the confession is made under threat, inducement or any fear or favour.

A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. (section-24)

If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant. (section-28) However, a confession shall not become irrelevant because of violation of secrecy. (section-29)

If such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him. (section-29)

Q.37. What is the consequences of confession made to a police officer?

Answer: No confession made to a police-officer shall be proved as against a person accused of any offence. (section-25)

No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. (section-26)

Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved. (section-27)

Q.38. Who is an accomplice?

Answer: An accomplice is a person co-accused in an offence. An accomplice is a person who participates in the commission of the actual crime charged against an accused. He is to be a “participes criminis’ i.e.guilty associate in crime. Where the witness sustains such a relation to the criminal act that he could be jointly indicted with the accused, he is an accomplice.

Q.39. What is the consequence of the evidence given by an accomplice against a co-accused?

Answer:

Accomplice

    An accomplice is a person who participates in the commission of the actual crime charged against an accused. He is to be a “participes criminis’ i.e.guilty associate in crime. Where the witness sustains such a relation to the criminal act that he could be jointly indicted with the accused, he is an accomplice.

    Illustrations

  1. Receivers of stolen property are taken to be accomplices of the thieves from whom they receive goods, on a trial for theft;
  2. Accomplices in previous similar offences committed by the accused on trial are deemed to be accomplices in the offence for which the accused is on trial when evidence of the accused having committed crime of identical type on other occasions be admissible to prove the system and intent of the accused in committing the offence charged;
  3. A witness, who assisted the criminals to the extent of keeping a look out to see whether the police were approaching , is in the position of an accomplice;
  4. An accomplice may be a co-accused;
  5. A pretended confederate such as a detective, spy or decoy is not an accomplice. “If such a person has made himself an agent for the prosecution before associating with the wrongdoers or before the actual perpetration of the offence he is not an accomplice; but he may be an accomplice if he extends no aid to the prosecution until after the offence has been committed.” Where the accomplice is not really a criminal but a spy or informer his evidence does not require any corroboration.
  6. One accomplice can not corroborate another. However, if several accomplices simultaneously and without previous concert give a consistent account of the crime implicating the accused, the Court may accept the several statements as corroborating each other, but it must be established that the several statements of accomplices were given independently and without any previous concert.

    Section-133 (Evidence Act)

    An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.

Section-114, illustration (b) states that an accomplice is unworthy of credit, unless he is corroborated in material particulars;

    Section-30 (Evidence Act)

    When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the persons who make such confession.

    So, a confession by one person may be taken into consideration against another-

 

  • if both of them are tried jointly;

(ii) if they are tried for the same offence;

(iii)  if the confession is legally proved;

(iv) if a confession made by one of such persons affecting himself and some other of such persons is proved;

    The evidence of an accomplice requires to be accepted with a great deal of caution and security because-

  • ha has a motive to shift guilt from himself;
  • he is an immoral person likely to commit perjury on occasion;
  • he hopes for pardon or has secured it, and so favours the prosecution.

The Bombay High Court has laid down the following four principles with regard to the nature and extent of corroboration:

  1. i) that it is not necessary that there should be independent confirmation of every material particular;
  2. ii) that independent evidence must not only make it safe to believe that the crime was committed, but in some way reasonably connect or tend to connect the accused with it by confirming in some material particular the testimony of the accomplice or complainant that the accused committed the crime;

    iii) that the corroboration must come from independent sources, and

  1. iv) that the corroboration need not be direct evidence that the accused committed the crime- it is sufficient if it is merely circumstantial evidence of his connection with crime.

    From the discussion it can be said that though the conviction of an accused on the testimony of an accomplice can not be said to be illegal, yet the Courts will, as a matter of practice, not accept the evidence of such a witness without corroboration in material particulars. Corroborative evidence is evidence which shows or tends to show that the story of the accomplice that the accused committed the crime is true, not merely that the crime has been committed, but that it was committed by the accused.

            There are some provisions in the Cr P C relating to the tender of pardon to accomplice as mentioned from sections-337 to 339 A of the Code.

Tender of pardon to accomplice (approver)

    In the case of any offence triable exclusively by the Court of Session, or any offence punishable with imprisonment which may extend to ten years,or any offence punishable under section 211 of the Penal Code with imprisonment which may extend to seven years, or any offence under any of the following sections of the Penal Code namely, sections 216A (penalty for harbouring robbers or dacoits), 369 (kidnapping or abducting child under ten years with intent to steal from its person), 401 (punishment for belonging to gang of thieves), 435 (Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or in case of agricultural produce ten taka) and 477A (falsification of accounts), the District Magistrate, a Metropolitan Magistrate,a sub-divisional Magistrate or any Magistrate of the First Class may, at any stage of the investigation or inquiry , or the trial of the offence, with a view to obtaining the evidence of any person supposed to have directly or indirectly concerned in or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned whether as principal or abettor, in the commission thereof:

            Provided that where the offence is under inquiry or trial, no Magistrate of the first class other then the District Magistrate shall exercise the power hereby conferred unless he is the Magistrate making the inquiry or holding the trial, and where the offence is under investigation, no such Magistrate shall exercise the said power unless he is a Magistrate having jurisdiction in a place where the offence might be inquired into or tried and the sanction of the District Magistrate has been obtained to the exercise thereof.

    Section-337 (1A) provides that every Magistrate who tenders a pardon under sub section (1) shall record his reasons for so doing, and shall, on application made by the accused, furnish him with a copy of such record:

            Provided that the accused shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost.

    Section-337 (2) states that every person accepting a tender, under this section shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any.

            Section-337 (2A) provides that in every case where a person has accepted a tender of pardon and has been examined under sub-section (2), the Magistrate before whom the proceedings are pending shall, if he is satisfied that there are reasonable grounds for believing that the accused guilty of an offence, send him for trial to the Court of Session.

    Section-337 (3) states that such person, unless he is already on bail, shall be detained in custody until the termination of the trial.

            Under section-338 of the Cr P C at any time before the judgement is passed, the Court of Session trying the case may, with the view of obtaining on the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to any such offence, tender or order the District magistrate to tender, a pardon on the same condition to such person.

 

    Section-339 of the Cr P C provides that (i) where a pardon has been tendered under section-337 or section-338, and the Public Prosecutor certifies that in his opinion any person who has accepted such tender has, either by willfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made such person may be tried for the offence in respect of which the pardon was so tendered, or for any other offence of which he appears to have been guilty in connection with the same matter:

    Provided that such person shall not be tried jointly with any of the other accused, and that he shall be entitled to plead at such trial that he has complied with the conditions upon which such tender was made; in which case it shall be for the prosecution to prove that such conditions have not complied with.

    Section-339 (2) states that the statement made by a person who has accepted a tender of pardon may be given in evidence against him at such trial.

            Section-339 (3) provides that No prosecution for the offence of giving false evidence in respect of such statement shall be entertained without the sanction of the High Court Division.

    Section-339A of the Cr P C provides that (1) The Court trying under section-339 a person who has accepted a tender of pardon shall-

  1. a) If the Court is Court of Session before the charge is read out and explained to the accused under section 265 D, subsection (2) , and
  2. b) If the Court is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made.

    Section-339 (2) states that If the accused does so plead, the Court shall record the plea and proceed with the trial; and shall, before judgment is passed in the case find whether or not the accused has complied with the conditions of the pardon and if it is found that he ahs so complied, the Court shall, notwithstanding anything contained in this code, pass judgement of acquittal.

Comments: To be an approver an accomplice must apply to the concerning court. Section-163 of the Cr P C states that No police-officer or other parson in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in the Evidence Act, 1872, section-24 to make (confession).

    But there is no bar to make any statement of his free-will at the time of investigation by police or other person. Under article-35 of our constitution “a person shall not be compelled to be a witness against himself.” So, the provisions relating to an approver and accomplice are exceptional to the general rule. A co-accused without tendering pardon may be an accomplice.

If the evidence or confessional statement given by the accomplice is in-culpatory in nature, it shall be acceptable while if it is exculpatory in nature, it shall not be acceptable. Inculpatory means the accused incur liability upon himself and the co-accused but if the accused says the co-accused is liable and he has no involvement in committing the crime, it is unacceptable.

When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other persons as well as against the person who makes such confession. (section-30)

Explanation.-"Offence", as used in this section, includes the abatement of, or attempt to commit, the offence.

Section-114 , illustration (b) stated that that an accomplice is unworthy of credit, unless he is corroborated in material particulars;

                                 Illustrations (section-30)



(a) A and B are jointly tried for the murder of C. It is proved that A said-"B and I murdered C." The Court may consider the effect of this confession as against B.

(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said- "A and I murdered C".

This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.

Q.40.  What is estoppels in admission?

Answer: Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained. (section-31)

Q.41. What is estoppels?

Answer: Estoppel means to stop a person from saying an alternative which he has admitted earlier. It is further used in the transfer of property act and CPC. Sections 115 to 117 of the Evidence Act states on estoppel.

Section-115 of the Evidence Act stated that-

 When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.Illustration

A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it.

The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.

Q.42.  What is the value of dying declaration?

Answer: Dying declaration means the statement given by a deceased person before his dead in respect of the cause of death or course of business or against the interst of the maker of statement or gives opinion as to public right or custom, or matters of general interest or or relates to existence of relationship or is made in will or deed relating to family affairs or in document relating to transaction mentioned in section 13, clause (a) or is made by several persons, and expresses feelings relevant to matter in question are relevant facts. (section-32)

Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead. (section-33)

Q.43.  What statements made under special circumstances may be relevant under the Evidence act, 1872?

Answer:

  • Entries in books of account in course of business when inquire into by a Court; (section-34)
  • Entry in any other official book, register or public or record made by a public servant in the discharge of his official duty, or by any other person in performance of a duty or keeper of the book; (section-35)
  • Statements of facts in issue or relevant facts, made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of the Government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts (section-36)
  • When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament of the United Kingdom, or in any Act of Parliament or in a Government notification  is a relevant fact. (section-37)
  • When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published under the authority of the Government of such country and to contain any such law, and any report of a ruling of the Courts of such country contained in a book purporting to be a report of such rulings, is relevant. (section-38)

Q.44. What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers?

Answer: The Court as thinks fit necessary.

When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, book of series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made. (section-39)

Q.45. What is res judicata under the Evidence Act? When judgements are relevant?

Answer: Res judicata means when a suit is disposed of among same party, same suit, same subject filed against the same other parties before the same court or courts having jurisdiction to try the suit, they cannot further file or institute a suit on that matter among themselves. (section-11 of CPC)

Sections 40 to 44 of the Evidence Act states on judgements when relevant.

The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial. (section-40 of Evidence Act)

In the exercise of probate, matrimonial, admiralty or insolvency jurisdiction by declaring any legal character s relevant any may be conclusive proof of such legal character; (section-41)

Judgments, orders or decrees other than those mentioned in section 41 are relevant if they relate to matters of a public nature relevant to the inquiry; but such judgments, orders or decrees are not conclusive proof of that which they state. (section-42)

Illustration

A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies.

The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.

Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Act. (section-43)

Illustrations

(a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither.

A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C.

(b) A prosecutes B for adultery with C, A's wife.

B denies that C is A's wife, but the Court convicts B of adultery.

Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime. C says that she never was A's wife.

The judgment against B is irrelevant as against C.

(c) A prosecutes B for stealing a cow from him. B is convicted.

A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant.

(d) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence.

The existence of the judgment is relevant, as showing motive for a crime.

(e) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue.

(f) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue.

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion. (section-44)

Q.46.  What is expert opinion? When opinion is relevant?

Answer: There is no definition of expert opinion. An expert means a person who is competent to give his opinion on a particular issue or matter based on his skill, professional knowledge and authorization by law.  The opinion of an expert may be relevant although he was not present during commission of his offence such as medical expert or DNA expert or hand writtng expert or fnger print expert etc,.

When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand writing or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts.

Such persons are called experts. (section-45)

Illustrations



(a) The question is, whether the death of A was caused by poison.

The opinion of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.

(b) The questions is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong of contrary to law.

The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant.

(c) The question is whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A.

The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant.

Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. (section-46)

Illustrations


(a) The question is, whether A was poisoned by a certain poison.

The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant.

(b) The question is, whether an obstruction to a harbour is caused by a certain sea-wall.

The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant.

When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. (section-47)

Explanation.–A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.

Illustration

The question is, whether a given letter is in the handwriting of A, a merchant in London.

B is a merchant in Chittagong, who has written letters addressed to A and received letters purporting to be written by him. C is B's clerk, whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising with him thereon.

The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C or D ever saw A write.

When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. (section-48)

Explanation.–The expression "general custom or right" includes customs or rights common to any considerable class of persons.

Illustration

The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section.

When the Court has to form an opinion as to– (section-49)

the usages and tenets of any body of men or family, 

the constitution and government of any religious or charitable foundation or, 

the meaning of words or terms used in particular districts or by particular classes of people, 

the opinions of persons having special means of knowledge thereon, are relevant facts.

Section-50 stated that-

When the Court has to form an opinion as to the relationship of one person to another the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact:

Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act, or in prosecutions under section 494, 495, 497 or 498 of the 18[ * * *] Penal Code.

Illustrations



(a) The question is, whether A and B were married.

The fact that they were usually received and treated by their friends as husband and wife, is relevant.

(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant.

Whenever the opinion of any living person is relevant the grounds on which such opinion is based are also relevant. 9section-51)
Illustration
An expert may give an account of experiments performed by him for the purpose of forming his opinion.

Q.47.  When character is relevant or irrelevant under the Evidence Act?

Answer: Section-52 to 55 states on the circumstances when character may be relevant or irrelevant. In civil suit it is commonly irrelevant except for determining amount of damages in certain suits but in criminal case it is relevant.

In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him is irrelevant, except in so far as such character appears from facts otherwise relevant (section-52).

In criminal proceedings the fact that the person accused is of a good character is relevant. (section-53)

Section-54 provides that - In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant.

Explanation 1.–This section does not apply to cases in which the bad character of any person is itself a fact in issue.

Explanation 2.–A previous conviction is relevant as evidence of bad character.

Section-55

In civil cases the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant.

Explanation.–In sections 52, 53, 54 and 55, the word "character" includes both reputation and disposition; but, except as provided in section 54, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.

Q.48. What is judicial notice? Whether judicial notice need to be proved?

Answer: No fact of which the Court will take judicial notice need be proved (section-56)

The Court shall take judicial notice of the following facts:- (section-57)

19[ (1) All Bangladesh Laws:]

(3) Articles of War for the Armed Forces:

(4) The course of proceeding of Parliament and of 20[ any Legislature which had Power to legislate in respect of territories now comprised in Bangladesh].

21[ (6) The seals of all the Courts in Bangladesh: the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by any law in force in Bangladesh:]

(7) The accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in Bangladesh, if the fact of their appointment to such office is notified in any official Gazette:

(8) The existence, title and national flag of every State or Sovereign recognized by the Government:

(9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the official Gazette:

(10) The territories 22[ * * *] of Bangladesh: 

(11) The commencement, continuance and termination of hostilities between Bangladesh and any other State or body of persons:

(12) The names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates 23[ * * *] and other persons authorized by law to appear or act before it:

(13) The rule of the road on land or at sea.

In all these cases and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference.

If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.

No fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule or pleading in force at the time they are deemed to have admitted by their pleadings:

Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions. (section-58)

Q.49. Distinguish between admission and confession.

The provisions of admission is mentioned in the Evidence Act, 1872 from sections-17 to 23 and 31; and the provisions of confession is mentioned in the Evidence Act from sections 24 to 30. It is pertinent to mention that statements under section-161, 164 and 364 of the Cr P C is also relates to admission and confession.

 

    Admission: An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.(Section-17 of the Evidence Act).

    Comments[1]: An ‘admission’ is a statement of fact which waives or dispenses with the production of evidence by conceding that the fact asserted by the opponent is true. Admissions are admitted because the conduct of a party to a proceeding, in respect to the matter in dispute, whether by acts, speech, or writing, which is clearly inconsistent with the truth of his contention, is a fact relevant to the issue. Admissions are very weak kind of evidence and the Court may reject them if it is satisfied from other circumstances that they are untrue.

            The Supreme Court of India observed: Admissions as defined in sections 17 and 20 and fulfilling the requirements of section 21 are substantive evidence. An admission must be examined as a whole and not in parts. Statements in pleadings are admissions against the party making them. An admission made to a stranger is relevant. Statement is a genus, admission is the species and confession is the sub-species. In English law the term ‘admission’ is used in civil cases; whereas the term “confession” is used in criminal cases as acknowledgement of guilt. A confession, therefore, is a statement made by an accused admitting his guilt. Admissions may be oral or contained in documents, e.g. letters, depositions, affidavits, plaints, written statements, deeds, receipts, horoscopes. Admissions in pleadings are judicial admissions. Admissions are admissible against the party making them and not against any other party except as mentioned from sections 18 to 20 of the Evidence Act. For an admission to have the effect of substantive evidence it must be voluntary. The general rule is that admissions as mentioned from section-17 to 23 and 31 is applicable to a civil proceedings and confessions as mentioned from sections 24 to 30 is applicable to criminal proceedings.

    Section-18 of the Evidence Act provides that statements by the accused are admissions. It also lays down five classes of persons who can make admissions-

  1. i) Party to the proceeding;
  2. ii) Agent authorized by such party;

    iii) Party suing or sued in a representative character making admissions while holding such character;

  1. iv) Person who has any proprietary or pecuniary interest in the subject matter of the proceeding during the continuance of such interest;
  2. v) Person from whom the parties to the suit have derived their interest in the subject-matter of the suit during the continuance of such interest.

            An admission or a confession of judgement by one of several defendants in a suit is no evidence against another defendant. The trustees, executors, administrators, managers in the character of an executor or administrator, or the assignee of a bankrupt must make the statement in their character of persons so interested. An admission must bind the person making it at first. When two persons have a common interest in the subject-matter does not entitle them to make admissions, respecting it, as against each other. Statements made either by parties interested or by persons from whom the parties to the suit have derived their interest are admissions only if they are made during the continuance of the interest of the person making the statement. This indicates that there ought to be a privity, i.e. mutual or successive relationship to the same right of property. Privies are of three kinds;-

  1. i) Privies in blood, as an heir, an ancestor, and coparceners;
  2. ii) Privies in law, as executor and testator, administrator and a person dying intestate;

    iii) Privies in estate or interest, as vendor and purchaser, lessor and lessee, mortgagor and mortgagee, donor and donee.

Admission by a stranger or third party when admissible

    Under section-19 of the Evidence Act, 1872 “Statements made by persons whose position or liability it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability.”

    Illustrations: A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.

Section-20 of the Evidence Act states that “Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.”

    Illustration: The question is, whether a horse sold by A to B is sound. A says to B- “Go and ask C, C knows all about it.” C’s statement is an admission.

An admission may be proved against but not in favour of its maker

    Under section-21 of the Evidence Act, Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they can not be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases:

    1) An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section-32.

 

    2) An admission may be proved by or on behalf of the person making it, when it consists of statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable;

    3) An admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission.

    Illustrations

  1. a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged.

         A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the statement is forged; but A can not prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.

  1. b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course.

    A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her pro-per course. A may prove these statements, because they would be admis-sible between third parties, if he were dead, under section 32, clause (2).

  1. c) A is accused of crime committed by him at chittagong. He produces a letter written by himself and dated at Dhaka on that day and bearing the Dhaka post-mark of that day.

         The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under section 32, clause (2).

  1. d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value.

    A  may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue.

  1. e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit.

    He offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or not, and that the person did examine it and told him it was genuine.

    A may prove these facts for the reasons stated in the last preceding illustration.

When oral admissions as to contents of Documents are relevant

            Under section-22 of the Evidence Act “Oral admissions as to the contents of a document are not relevant, unless and until the party propo-sing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.

 

    Comments: Oral admissions as to the contents of a document are excluded under this section unless the concerning party is entitled to give secondary evidence of the contents of such document under sections 65 and 66 of the Evidence Act.

Admissions in civil cases when relevant

    Section-23 of the Evidence Act provides that “In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.”

    Explanation: Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126[professional communications].

Admissions not conclusive proof, but may estop.

            Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained.

            Admissions operating as estoppels are not the only kind of admissions that will either be relevant to or conclude the matter in issue. Two other kinds of admissions equally, if not more, effective, are-

  1. i) admissions contained in the pleadings in a case which would circumscribe the issues and avoid the necessity for proof, and

 

  1. ii) admissions made by the parties to a suit on earlier occasions either in prior proceedings in a Court of law, or in statements made out of court. When a party himself admits to be true may reasonably be presumed to be so.

    An estoppel differs from an admission, for it can not generally be taken advantage of by strangers. It binds only parties and privies.

    According to section-4 of the Evidence Act “conclusive proof” means when one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.    

Estoppel

    Section-115 of the Evidence Act states that “when one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.

Confession:

    The word ‘confession’ has not been defined anywhere in the Act. A ‘confession’ is an admission made at any time by a person charged with crime, stating or suggesting the inference that he committed that crime. A confession is a statement which either admits in terms the offence or at any rates substantially all the facts which constitute the offence.

 

            According to section-24 of the Evidence Act a confession by an accused is irrelevant if it is caused by (1) inducement; (2) threat; (3) promise. The inducement, threat or promise should have (a) reference to the charge against the accused, (b) proceeded from a person in authority, and (c) sufficiently given the accused person reasonable grounds for supposing that by making the confession he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. It is also mentioned in section-163 of the Cr P C.

A confession is relevant-

 

  1. i) if it is made after the impression caused by any such inducement, threat or promise has been fully removed (s.28);
  2. ii) if it is not made to a police officer(s.25) or

    iii) if it is made in the presence of a Magistrate when the accused is in the custody of a police officer; (s.26)

  1. iv) if the confession of the accused is supported by the discovery of a fact it may be presumed to be true and not to have been extracted. (section-27)

            Under section-161 of the Cr P C any police officer making an investigation may examine orally any person supposed to be acquainted with the facts circumstances of the case. Such person shall be bound to answer all questions relating to such case put to him by such officer, other than questions the answer to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

            The police-officer may separately reduce into writing such statement made by such persons but not to be signed by the person making it. If the statement is used in any trial or inquiry, the accused may collect a copy thereof. When the witness is called for prosecution the accused may use the statement to contradict such witness under section-145 of the Evidence Act. It is not applicable for dying declaration.

    Under section-164 of the Cr P C any Magistrate specially empowered not below the rank of 2nd class at the time of investigation may record any statement or confession before the commencement of inquiry or trial. Such confessions shall be recorded and signed in the manner provided in section-364, and such statements or confessions shall then be forwarded to the Magistrate by whom the case is to be inquired into or tried.

    The previous section also provides that a Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that if he does so it may, be used as evidence against him and no Magistrate shall record any such confession unless, upon questioning the person making it, he has reason to believe that it was made voluntarily; and, when he records any confession, he shall make a memorandum at the foot of such record to the following effect:-

 ‘I have explained to (name) that he is not bound to make a confession and that if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the Statement made by him.”         

 

                                                                                   Signed

                                                                                    Magistrate.

            According to section-364 of the Cr P C every statement and confession made before the Magistrate or Court other that High Court Division shall be written by the Court in its own hand (if fails to write in its own hand shall give a memorandum for failure to do so) in questionnaire form in the language of the Court or in English and such statements shall be read over to the person making it and shall be signed by the accused and the Magistrate or Judge of such Court.

Section-25 of the Evidence Act provides that “No confession made to a police-officer shall be proved as against a person accused of any offence.”

    On the other hand section-26 of the Evidence Act provides that “No confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.

    The object of sections 25 and 26 is to prevent practice of torture by the police for the purpose of extracting confessions from accused persons. Voluntary causing hurt or grievous hurt for extorting confession is punishable under sections 330 and 331 of the Penal Code for which the punishment may be ten years imprisonment. In sita Ram vs State of UP, AIR 1966 SC 119 it was held that a confession contained in a letter written and signed by the accused and addressed to a police officer was held to be admissible as the letter was not written in presence of the police officer.

    An extra judicial confession made by the party elsewhere than before a Magistrate or in Court, if voluntary, can be relied upon by the Court along with other evidence in convicting the crime.

    Section 27 of the Evidence Act provides that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not , as relates distinctly to the fact thereby discovered, may be proved.

            According to section-28 of the Evidence Act if such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed it is relevant.

    According to section-29 of the Evidence Act a relevant confession does not become irrelevant because it was made-

  1. i) under a promise of secrecy;
  2. ii) in consequence of a deception practiced on the accused

    iii) when the accused was drunk;

  1. iv) in answer to questions which the accused need not have answered;
  2. v) in consequence of the accused not receiving a warning that he was not bound to make it and that it might be used against him.

 

            This section applies to criminal cases and is to be read along with s.24.Statements made by a person in sleep are not receivable in evidence. But a statement made by an accused when he is drunk is receivable in evidence. Section-164 of the Criminal Procedure Code provides the formalities to be undergone by Magistrates in recording confessions.

 

    According to section-30 of the Evidence Act a confession by one person may be taken into consideration against another-

  1. i) if both of them are tried jointly;
  2. ii) if they are tried for the same offence;

    iii) if the confession is legally proved;

    The detail discussion of this section is mentioned at the time of discussing approver/ accomplice.

Distinction between admission and confession

            1) A confession is a statement made by an accused person which is sought to be proved against him in a criminal proceeding to establish the commission of an offence by him; while an admission usually relates to a civil transaction and comprises all statements amounting to admissions as defined in s.18.

 

    2) A confession if deliberately and voluntarily made may be accepted as conclusive in itself of the matters confessed; an admission is not a conclusive proof of the matters admitted, but may operate as an estoppels.

    3) A confession always goes against the person making it; an admission may be used on behalf of the person making it under the Exceptions provided in s.21.

 

    4) The confession of one or two or more accused jointly tried for the same offence can be taken into consideration against the co-accused (s.30). But an admission by one of several defendants in a suit is no evidence against another defendant.

 

    5) The provisions of admission are mentioned in sections 17 to 23 and 31; on the other hand the provisions of confession are mentioned from sections 24 to 30 of the Evidence Act.

No new trial for improper admission or rejection of evidence[2]

    The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.

 

            The provisions of section-99 of the CPC are similar in nature. The Criminal Rules and Order, 2009 also discussed the recording of evidence elaborately from Rules 126-176.

Q.50. Define the term ‘evidence’ . What are the various types of evidence?

Answer: There are various types of evidences such as oral evidence or documentary evidence or primary evidence or secondary evidence or circumstantial evidence or corroborative evidence etc,.

“Evidence” means and includes- (a) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry: such statements are called oral evidence: (b) all documents produced for the inspection of the Court, such documents are called documentary evidence. The renowned lawyers have categorized evidence in some other kinds such as: (a) Direct or Circumstantial Evidence; (b) Primary or Secondary Evidence; (c) Original or Hearsay Evidence; (d) Extrinsic Evidence etc.

Q.51. How facts may be proved? How oral evidence to be produced?

Answer: A facts may be proved orally except the contents of documents. (section-59)

Oral evidence must be direct (section-60)

Oral evidence must, in all cases whatever, be direct; that is to say-

if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it;

if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;

if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; 

if it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds:

Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable:

Provided also that, if oral evidence refers to existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection.

 

Q.52. How documentary evidence to be given?

Answer: The contents of documents may be proved either by primary or by secondary evidence. (section-61)

Q.53. What is primary evidence?

Answer: Primary evidence means the document itself produced for the inspection of the Court. (section-62)

Explanation 1.-Where a document is executed in several parts, each part is primary evidence of the document.

Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.

Explanation 2.-Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original.

Illustration

A person is shown to have been in possession of a number of placards, all printed at one time prove one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.

Q.54. What is called secondary evidence?

Answer: Secondary evidence means and includes- (section-63)

(1) certified copies given under the provisions hereinafter contained;

(2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;

(3) copies made from or compared with the original; 

(4) counterparts of documents as against the parties who did not execute them; 

(5) oral accounts of the contents of a document given by some person who has himself seen it.

                                           Illustrations         


(a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original.

(b) A copy, compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original.

(c) A copy transcribed from a copy, but afterwards compared with the original is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original.

(d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original.

Q.55.  When documents may be proved by secondary evidence in lieu of primary evidence? How admission of a document may be proved?

Answer: Documents must be proved by primary evidence except in the cases hereinafter mentioned. (section-64)

Section-65 stated that

Secondary evidence may be given of the existence, condition or contents of a document in the following cases:– 

(a) when the original is shown or appears to be in the possession or power-

of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or 

of any person legally bound to produce it, and when, after the notice mentioned in section 66, such person does not produce it;

(b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;

(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;

(d) when the original is of such a nature as not to be easily moveable;

(e) when the original is a public document within the meaning of section 74;

(f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in Bangladesh to be given in evidence;

(g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection.

In cases (a), (c), and (d), any secondary evidence of the contents of the document is admissible.

In case (b), the written admission is admissible.

In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible.

In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.

Rules as to notice to produce

Section-66. Secondary evidence of the contents of the documents referred to in section 65, clause (a), shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his Advocate, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case:

Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it:–

(1) when the document to be proved is itself a notice;

(2) when, from the nature of the case, the adverse party must know that he will be required to produce it;

(3) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force; 

(4) when the adverse party or his agent has the original in Court; 

(5) when the adverse party or his agent has admitted the loss of the document;

(6) when the person in possession of the document is out of reach of, or not subject to, the process of the Court.

Proof of signature and handwriting of person alleged to have signed or written document produced

If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his handwriting. (section-67)

Proof of execution of document required by law to be attested

If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence:

Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Registration Act, 1908, unless its execution by the person by whom it purports to have been executed is specifically denied. (section-68)

 

 

Proof where no attesting witness found

If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person. (section-69)

Admission of execution by party to attested document

The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested. (section-70)

Proof when attesting witness denies the execution

If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence. (section-71)

Proof of document not required by law to be attested

An attested document not required by law to be attested may be proved as if it was unattested. (section-72)

Comparison of signature, writing or seal with others, admitted or proved

In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose.
The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.
This section applies also, with any necessary modifications, to finger-impressions. (section-73)

Q.56. Discuss on private document and public document.

Answer: The following documents are public documents:– (section-74)

(1) documents forming the acts or records of the acts-

(i) of the sovereign authority,

(ii) of official bodies and tribunals, and

(iii) of public officers, legislative, judicial and executive of any part of Bangladesh or of the Commonwealth, or of a foreign country;
(2) public records kept in Bangladesh of private documents.

All other documents are private. (section-75)

Q.57. How to collect certified copies of a document? How to proof a document by certified copies or otherwise?

Answer:

Certified copies of public documents (section-76)

Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal, and such copies so certified shall be called certified copies.
Explanation.-Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.

Proof of documents by production of certified copies (section-77)

Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

Proof of other official documents (section-78)

The following public documents may be proved as follows:–
(1) Acts, orders or notifications of the Government or any other Government that functioned within the territories now comprised in Bangladesh or any departments thereof by the records of the departments, certified by the heads of those departments, or by any document purporting to be printed by order of any such Government:
(2) the proceeding of the Parliament and of any legislature which had power to legislate in respect of territories now comprised in Bangladesh,
by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government :
(3) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
(4) the Acts of the Executive or the proceedings of the Legislature of a foreign country, - by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some 27[ Act of Parliament]:
-(5) the proceedings, of a municipal body in Bangladesh,
by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body:
(6) public documents of any other class in a foreign country,–
by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a notary public, or of a Bangladesh Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.

Q.58. State the provisions of the Evidence Act, 1872 on presumption as to documents.

Answer:

Presumption as to genuineness of certified copies (section-79)

The Court shall presume every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of the 28[ Government] to be genuine: Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.

The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper.

Presumption as to documents produced as record of evidence (section-80)

Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorized by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume-
that the document is genuine; that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken.

Presumption as to document admissible in England without proof of seal or signature (Section-82)

When any document is produced before any Court, purporting to be a document which, by the law in force for the time being in England and Ireland, would be admissible in proof of any particular in any Court of Justice in England or Ireland, without proof of the seal or stamp or signature authenticating it, or of the judicial or official character claimed by the person by whom it purports to be signed, the Court shall presume that such seal, stamp or signature is genuine, and that the person signing it held, at the time when he signed it, the judicial or official character which he claims,and the document shall be admissible for the same purpose for which it would be admissible in England or Ireland.

Presumption as to maps or plans made by authority of Government (section-83)

The Court shall presume that maps or plans purporting to be made by the authority of the Government were so made, and are accurate; but maps or plans made for the purposes of any cause must be proved to be accurate.

Presumption as to collections of laws and reports of decisions (section-84)

The Court shall presume the genuineness of every book or Gazette purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country,

and of  every book or Gazette purporting to contain reports of decisions of the Courts of such country.

Presumption as to powers-of-attorney (section-85)

The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a notary public, or any Court, Judge, Magistrate, Bangladesh Consul or Vice-Consul, or representative of the Government, was so executed and authenticated.

 

Presumption as to certified copies of foreign judicial records (section-86)

The Court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of Bangladesh is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.

Presumption as to books, maps and charts (section-87)

The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts and which is produced for its inspection, was written and published by the person and at the time and place, by whom or at which it purports to have been written or published.

Presumption as to telegraphic messages (section-88)

The Court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the Court shall not make any presumption as to the person by whom such message was delivered for transmission.

Presumption as to due execution, etc, of documents not produced (section-89)

The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law.

Presumption as to documents thirty years old (section-90)

Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.

Explanation.-Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable.

This explanation applies also to section 81.

Illustrations



(a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land, showing his titles to it. The custody is proper.

(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody is proper.

(c) A, a connection of B, produces deeds relating to lands in B's possession which were deposited with him by B for safe custody. The custody is proper.

Q.59. How oral evidence may be excluded by documentary evidence?

Answer:

Evidence of terms of contracts, grants and other dispositions of property reduced to form of document (section-91)

When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained. Exception 1.– When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved.

Exception 2.– Wills admitted to probate in Bangladesh may be proved by the probate.

Explanation 1.–This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document and to cases in which they are contained in more documents than one.

Explanation 2.–Where there are more originals than one, one original only need be proved.

Explanation 3.–The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact.

Illustrations

(a) If a contract be contained in several letters all the letters in which it is contained must be proved.

(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.

(c) If a bill of exchange is drawn in a set of three, one only need be proved.

(d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion.

Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.

(e) A gives B a receipt for money paid by B.

Oral evidence is offered of the payment. 

The evidence is admissible.

Exclusion of evidence of oral agreement (section-92)

When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms:

Proviso (1).–Any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law.

Proviso (2).–The existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies, the Court shall have regard to the degree of formality of the document.

Proviso (3).–The existence of any separate oral agreement constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved.

Proviso (4).–The existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of property, may be proved, except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents.

Proviso (5).–Any usage or custom by which incidents not expressly mentioned in any contract are usually annexed to contracts of that description, may be proved:

Provided that the annexing of such incident would not be repugnant to, or inconsistent with, the express terms of the contract.

Proviso (6).–Any fact may be proved which shows in what manner the language of a document is related to existing facts.

Illustrations



(a) A policy of insurance is effected on goods "in ships from Chittagong to London". The goods are shipped in a particular ship which is lost. The fact that that particular ship was orally excepted from the policy cannot be proved.

(b) A agrees absolutely in writing to pay B Taka 1,000 on the first March, 1873. The fact that, at the same time an oral agreement was made that the money should not be paid till the thirty-first March cannot be proved.

(c) An estate called "the Rampore tea estate" is sold by a deed which contains a map of the property sold. The fact that land not

included in the map had always been regarded as part of the estate and was meant to pass by the deed cannot be proved.

(d) A enters into a written contract with B to work certain mines, the property of B, upon certain terms. A was induced to do so by a misrepresentation of B's as to their value. This fact may be proved.

(e) A institutes a suit against B for the specific performance of a contract, and also prays that the contract may be reformed as to one of its provisions, as that provision was inserted in it by mistake. A may prove that such a mistake was made as would by law entitle him to have the contract reformed.

(f) A orders goods of B by a letter in which nothing is said as to the time of payment, and accepts the goods on delivery. B sues A for the price. A may show that the goods were supplied on credit for a term still unexpired.

(g) A sells B a horse and verbally warrants him sound. A gives B a paper in these words: "Bought of A a horse for Taka 500". B may prove the verbal warranty.

(h) A hires lodgings of B, and gives a card on which is written-"Rooms Taka 200 a month". A may prove a verbal agreement that these terms were to include partial board.

A hires lodgings of B for a year, and a regularly stamped agreement, drawn up by an attorney, is made between them. It is silent on the subject of board. A may not prove that board was included in the term verbally.

(i) A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt and does not send the money. In a suit for the amount A may prove this.

(j) A and B make a contract in writing to take effect upon the happening of a certain contingency. The writing is left with B, who sues A upon it. A may show the circumstances under which it was delivered.

Exclusion of evidence to explain or amend ambiguous document (section-93)

When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects.

Illustrations



(a) A agrees, in writing, to sell a horse to B for Taka 1,000 or Taka 1,500. Evidence cannot be given to show which price was to be given.

(b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.

Exclusion of evidence against application of document of existing facts (section-94)

When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts.

Illustration
A sells to B, by deed, "my estate at Rangpur containing 100 bighas". A has an estate at Rangpur containing 100 bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.

Evidence as to document unmeaning in reference to existing facts (section-95)

When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.

Illustrations


A sells to B, by deed "my house in 31[ Dhaka]".

A had no house in 32[ Dhaka], but it appears that he had a house at 33[ Narayanganj], of which B had been in possession since the execution of the deed.

These facts may be proved to show that the deed related to the house at 34[ Narayanganj].

Evidence as to application of language which can apply to one only of several persons (section-96)

When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to.

Illustrations


(a) A agrees to sell to B, for Taka 1,000, "my white horse". A has two white horses. Evidence may be given of facts which show which of them was meant. 

(b) A agrees to accompany B to 35[ Saidpur]. Evidence may be given of facts showing whether 36[ Saidpur in Khulna or Saidpur in Rangpur] was meant.

Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies (section-97)

When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply.

Illustration

A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y, and he has land in the occupation of Y, but it is not at X. Evidence may be given of facts showing which he meant to sell.

Evidence as to meaning of illegible characters, etc (section-98)

Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense.

Illustration

A, a sculptor, agrees to sell to B, "all my mods". A has both models and modeling tools. Evidence may be given to show which he meant to sell.

Who may give evidence of agreement varying terms of document (section-99)

Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document.

Illustration

A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time they make an oral agreement that three months' credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.

Saving of provisions of Succession Act relating to wills (section-100)

Nothing in this Chapter contained shall be taken to affect any of the provisions of the 37[ Succession Act, 1925] as to the construction of wills.

 

 

 

 

Q.60. State the provisions of the Evidence act on burden of proof.

Answer:

Burden of Proof[3]

    This expression means two different things. It means sometimes that a party is required to prove an allegation before judgement can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence. The burden of proof is of importance where by reason of not discharging the burden which put upon it, a party must eventually fail. This burden will, at the beginning of a trial, lie on one party, but during the course of the trial it may shift from one side to other. At the end of a case when both the parties have led evidence and the conflicting evidence can be weighed to determine which way the issue can be decided the abstract question of burden of proof becomes academic.

    The term onus probandi, in its proper use, merely means that, if a fact has to be proved, the person whose interest it is to prove it should adduce some evidence, however slight, upon which a Court could find the fact he desires the court to find. It does not mean that he shall call all conceivable or available evidence. It merely means that the evidence he lays before the Court should be sufficient, if not contradicted to form the basis of a judgement and decree upon that point in his favour. Where there is an admission by a party the burden of proof shifts and it is for the party making the admission to explain it away.

            The burden of proof lies on the party who substantially asserts the affirmative of the issue and not upon the party who denies it. This rule of convenience has been adopted in practice, not because it is impossible to prove a negative, but because the negative does not admit of the direct and simple proof of which the affirmative is capable. Moreover, it is but reasonable and just that the suitor who relies upon the existence of a fact should be called upon to prove his own case. In the application of this rule, regard must be had to the substance and effect of the issue, and not to its grammatical form, for in many cases the party, by making a slight alteration in the drawing of his pleadings, may give the issue negative or affirmative form, at his pleasure.

      The party on whom the onus of proof lies must, in order to succeed, establish a prima facie case. He cannot’, on failure to do so, take advantage of the weakness of his adversary’ case. He must succeed by the strength of his own right and the clearness of his own proof. For example, a mere suspicion is not a proof of benami. The initial burden is upon the claimant to establish that a person is his debtor. Where a member of a family claims that a particular part of the joint property is his personal, burden lies on him to prove that fact. A person claiming through adoption has to prove the fact of it. Burden of proof as to an oral will heavily on the propounder. The burden of proving his caste is upon the claimant.

            Where a party accepts the burden which is laid upon it by the trial Court without any demur or protest and allows the case to proceed on that basis throughout the trial, it can not, when it fails to discharge it, turn round and say in appeal that the burden should not have been placed upon it.  

    The general rule that a party who desires to move the Court must prove all facts necessary for that purpose (ss. 101-105) is subject to two exceptions:-

  1. a) he will not be required to prove such facts as are especially within the knowledge of the other party (s.106); and
  2. b) he will not be required to prove so much of his allegations in respect of which there is any presumption of law (ss.107-113), or in some cases, of fact (s.114) in his favour. For example, a very old man donated land and later sued for possession on the ground that gift was not voluntary. The burden was upon the donee.

    In the matter of proof, in a civil case, a defendant can not take up the same stand as an accused in a criminal case. In civil cases, unlike criminal ones, it can not be said that the benefit of reasonable doubt must necessarily go to the defendant. Even the preponderance of probabilities may serve as a good basis for decision. For example, deposit of money in wife’s name does not amount to a gift. It is a resulting trust. If anybody says it was a gift he must prove it.

            In criminal cases it is for the prosecution to bring the guilt home to the accused. It is not correct to say that when the prosecution has adduced such evidence as the circumstances and nature of the case require, it is for the accused to establish his innocence for the reason that there is no burden laid on the prisoner to prove his innocence and it is sufficient if he succeeds in raising a doubt as to his guilt. In an accusatory system, such as that prevailing in Bangladesh, it is for the prosecution to prove beyond reasonable doubt that the accused committed the offence; it is not for the Court to speculate as to how the crime has been committed. It is for the prosecution to determine what witnesses it should call in support of its case. Prosecution cannot succeed just by showing that the defence raised is suspicious. As against this heavy burden on the prosecution the accused can claim the benefit of his defence just by showing a balance of probabilities. He has not to prove his defence beyond a reasonable doubt.

            Where both parties have already produced whatever evidence they had, the question of burden of proof ceases to be of any importance.

Shifting the burden of proof

    The burden of proof lies upon the party, whether plaintiff or defendant, who substantially asserts the affirmative of the issue.     This rule, derived from the maxim of Roman Law, ei qui affirmat, non ei qui negat, incumbit probation, is adopted partly because it is but just that he who invokes the aid of the law should be the first to prove his case; and partly because, in the nature of things, a negative is more difficult to establish than an affirmative. The phrase “burden of proof” is used in two distinct meanings in the law of evidence, viz., the burden of establishing a case and the burden of introducing evidence. The burden of establishing a case remains throughout the trial where it was originally placed; it never shifts. The burden of evidence may shift constantly as evidence is introduced by one side or the other. In s.101 the phrase is used in its first meaning, and in section 102 in the second sense. When the evidence is all in, and a party introducing it has not, by the preponderance of evidence required by the law, established his position or claim, the decision will be against him.

            The initial onus is on the plaintiff but the onus shifts on to the defendant to prove those circumstances, if any, which would disentitle the plaintiff to the same. There is an essential distinction between burden of proof and onus of proof: burden of proof lies upon the person who has to prove a fact and it never shifts but the onus of proof shifts. Such a shifting onus is a continuous process in the valuation of evidence. A burden of proof shifts when the accused claims any general exceptions or self-defence.

 

Illustrations:

 

  1. i) The burden of proving contributory negligence is on the defendant;
  2. ii) Where cheques were dishonoured, burden lay upon those issuing them to show that they were issued by mistake, by the accused or defendant;

    iii) A debtor transferred his property. Creditors alleged and proved it to be a fraudulent transfer. The burden was now on him to show that the transfer was within any of the exceptions.;

  1. iv) In a suit on a bond, the plaintiff accounted for the non-production of the bond, by alleging that the defendant had stolen it. The defendant admitted the execution of the bond, but alleged he had paid it. It was held that the defendant was bound to begin and prove payment , either by the production of the bond or other evidence or by both;
  2. v) An insurance company pleaded breach of a term of the policy in that the driver did not have a valid licence, but produced no evidence of the lack of licence. The company’s case failed;
  3. vi) Where there was no direct evidence to prove that a person purchased ticket and boarded a train or that he died in the accident, the claim for compensation failed;

    vii) The plea of alibi must be substantiated by the accused;

    viii) Where a person claims a right of way, he must prove that he acquired the right and it is not for the other party to show that he does not have any such right.

  1. ix) Where a person is protesting against nationalization of a route, burden lies upon him to show that the scheme would not serve national purpose;
  2. x) Burden lies upon the plaintiff to prove all the points of the right of preemption.

            In criminal case the burden of proof, using the phrase in its strict sense, is always upon the prosecution and never shifts whatever the evidence may be during the progress of the case. When sufficient proof of the commission of a crime has been adduced and the accused has been connected therewith as the guilty party, then the burden of proof, in another and quite different sense, namely in the sense of introducing evidence rebuttal of the case for the prosecution is laid upon him. The onus of establishing an exception shifts to the accused when he pleads an exception. This onus can be discharged either by affirmatively establishing the plea taken by an accused person or by eliciting such circumstances which would create a doubt in the mind of the Court that the reasonable possibility of the accused acting within the protection of the exception pleaded is not eliminated. If on a consideration of the evidence as a whole a reasonable doubt is create in the mind of the Court as to the guilt of the accused he would be entitled to acquittal.

Illustrations

  1. i) If a man takes the life of another, he should prove circumstances, if any, justifying his doing so. If the act is done in exercise of the right of private defence, it lies upon him to show that he did not exceed that right.
  2. ii) Where the plea of insanity is invoked by an accused it is for him to establish that fact.

    iii) If a person has not been heard of for seven years, there is a presumption of law that he is dead, and the burden of proving that he is alive is shifted to the other side.

Specific provisions of burden of proof under the Evidence Act, 1872:

            The provisions of burden of proof are mentioned in chapter-VII of the Evidence Act comprising sections-101 to 114.

 

    Section-101

    Burden of proof: Whoever desires any Court to give judgement as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.

    When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

    Illustrations

  1. a) A desires a Court to give judgement that B shall be punished for a crime which A says B has committed.

    A must prove that B has committed the crime.

  1. b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true.

    A must prove the existence of those facts.

    Section-102

    On whom burden of proof lies: The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.

    Illustrations

  1. a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father.

    If no evidence were given on either side, B would be entitled to retain his possession.

    Therefore the burden of proof is on A.

  1. b) A sues B for money due on a bond.

            The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies.

    If no evidence were given on either side, A would succeed, as the bond is not disputed and fraud is not proved.

    Therefore the burden of proof is on B.

                Section-103

    Burden of proof as to particular fact: The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.

    Illustrations

  1. a) A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission.

            B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.

 

Section-104

    Burden of proving fact to be proved to make evidence admissible: The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence.

    Illustrations

  1. a) A wishes to prove a dying declaration by B. A must prove B’s death.
  2. b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.

    Section-105

    Burden of proving that case of accused comes within exceptions: When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General exceptions in the Penal Code, or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances.

    Illustrations

  1. a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act.

    The burden of proof is on A.

  1. b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self control.

    The burden of proof is on A.

  1. c) Section-325 of the Penal Code provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments.

            A is charged with voluntarily causing grievous hurt under section 325.

    The burden of proving the circumstances bringing the case under section 335 lies on A.

    Section-106

    Burden of proving fact especially within knowledge: When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

    Illustrations

  1. a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.

    A is charged with traveling on a railway without a ticket. The burden of proving that he had a ticket is on him.

Section-107

    Burden of proving death of person known to have been alive within thirty years: When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.

Section-108

    Burden of proving that a person is alive who has not been heard of for seven years: Provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.

    Comments: Sections 107 and 108 must be read together because the latter is only a proviso to the rule contained in the former, and both constitute one rule when so read together. The rule of Muhammadan law that a missing person is to be regarded as alive till the expiry of ninety years from the date of his birth is overruled by this section. So is the rule of Hindu Law that twelve years must elapse before an absent person, of whom nothing has been heard during this period, can be presumed to be dead.

    Section-109

            Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent: When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it.

    Comments: Partnership once shown to exist is presumed to continue until the contrary is proved. After a firm is dissolved, the partners continue to be liable to third parties for any act done which would have been an act of the firm if done before the dissolution, until public notice of dissolution is given (s.45 of the Partnership Act, 1932).

            Where the relationship of landlord and tenant is admitted or proved to exist it will be presumed to continue until it is shown by affirmative proof that it has ceased to exist. Mere non-payment of rent, though for many years, is not sufficient to show that such relationship had ceased.

 

    Where an authority to do an act is once shown to exist, it is presumed to continue until the contrary is proved. Section 182-238 of the Contract Act deal with the relationship of principal and agent. Section-206 provides that a reasonable notice must be given of revocation or renunciation of agency. Section-208 provides when the authority of an agent is terminated.

    Section-110

    Burden of proof as to ownership: When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.

    Comments: Possession is prima facie proof of ownership; it is so, because it is the sum of acts of ownership. Anyone who intends to oust the possessor must establish a right to do so. The ownership is to be presumed from lawful possession until the want of title or a better title is proved.

 

 

    Section-111

            Proof of good faith in transactions where one party is in relation of active confidence: Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence.

   

Illustrations

  1. a) The good faith of a sale by a client to an attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney.
  2. b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.

    Comments: The term “active confidence” indicates that the relationship between the parties must be such that one is bound to protect the interests of the other. In the case of deeds and powers executed by pardanashin ladies, it is requisite, that those who rely upon them should satisfy the Court that they had been explained to, and understood by those who executed them. Mere signature of a blind person on the sale-deed can not have any force.

    Section-112

            Birth during marriage conclusive proof of legitimacy: The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at anytime when he could have been legitimate.

    Comments: Evidence that a child is born during wedlock is sufficient to establish its legitimacy, and shifts the burden of proof to the party, seeking to establish the contrary.

    Section-113

    Repealed

    Section-114

            Court may presume existence of certain facts: The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct, and public and private business, in their relation to the facts of the particular case.

    Illustrations

    The Court may presume-

  • that a man who is in possession of stolen goods soon after the theft, is either the thief or has received the goods knowing them to be stolen, unless he can account for hi possession;
  • that an accomplice is unworthy of credit, unless he is corroborated in material particulars;
  • that a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration;
  • that a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or states of things usually cease to exist, is still in existence;
  • that judicial and official acts have been regularly performed;
  • that the common course of business has been followed in particular cases;
  • that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it;
  • that, if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavourable to him;
  • that when a document creating an obligation is in the hands of the obligator, the obligation has been discharged.

    But the Court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before it;

            As to illustration (a) –A shopkeeper has in his till a marked taka soon after, it was stolen, and can not account for its possession specially, but is continually receiving taka in the course of his business;

    As to illustration (b)- A, a person of the highest character, is tried for causing a man’s death by an act of negligence in arranging certain machinery. B, a person of equally good character, who also took part in the arrangement, describes precisely what was done, and admits and explains the common carelessness of A and himself:

            As to illustration (b)- a crime is committed by several persons. A, B and C, three of the criminals, are captured on the spot and kept apart from each other. Each gives an account of the crime implicating D, and the accounts corroborate each other in such a manner as to render previous concert highly improbable:

    As to illustration (c)- A, the drawer of a bill of exchange, was a man of business. B, the acceptor, was a young and ignorant person, completely under A’s influence;

    As to illustration (d)- It is proved that a river ran in a certain course five years ago, but it is known that there have been floods since that time which might change its course;

    As to illustration-(e) - a judicial, act, the regularity of which is in question, was performed under exceptional circumstances:

    As to illustration (f)- the question is, whether a letter was received. It is shown to have been posted, but the usual course of the post was interrupted by disturbances:

            As to illustration (g)- a man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feelings and reputation of his family:

                As to illustration (h)- a man refuses to answer a question which he is not compelled by law to answer, but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked:

    As to illustration (i)- a bond is in possession of the obligator, but the circumstances of the case are such that he may have stolen it.

    Comments: Section 104 to 113 direct on whom burden of proof will lie. The Court is bound in every instance to presume against that party on whom the burden of proof is directed to lie. No option is given to the Court as to whether it will presume the fact or not. But there are various presumptions where room is left for the Court to exercise its powers of inference: the Court can throw the burden of proof on whichever side it chooses. Section-114 declares that the Court may, in all cases whatever, draw from the facts before it, whatever inferences it thinks just.

Q.61. Who is competent to be a witness?

Answer: All persons are competent to be a witness.

All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. (section-118)


Explanation.–A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.    

Q.62. How a dumb witness may give his evidence?

Answer:

Section-119 states that

A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, 

as by writing or by signs; but such writing must be written and the signs made in open Court. Evidence so given shall be deemed to be oral evidence.

Q.63. Whether a party to a suit or a husband or wife of a criminal may be come a witness?

Answer: yes.

In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness. (section-120)

Q.64. Whether a judge or a Magistrate be compelled to be a witness?

Answer: No.

No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in Court as such Judge and Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate: but he may be examined as to other matters which occurred in his presence whilst he was so acting. (section-121)

Illustrations



(a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court.

(b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court.

(c) A is accused before the Court of Session of attempting to murder a police-officer whilst on his trail before B, a Sessions Judge. B may be examined as to what occurred.

Q.65. Whether a person may be compelled to disclose communication during marriage?

Answer: No.

Communications during marriage (Section-122)

No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married: nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.

Q.66. When evidence on the affairs of a state be allowed?

Answer: No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit. (section-123)

Q.67. can an official communication be disclosed?

Answer: No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure. (section-124)

Q.68. Whether information as to commence of an offence be compelled to disclose?

Answer: Information as to commission of offences (section-125)

No Magistrate or Police-officer shall be compelled to say whence he got any information as to the commission of any offence, and no Revenue-officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue.

Explanation.–"Revenue-officer" in this section means any officer employed in or about the business of any branch of the public revenue.

Q.69. Whether evidence may be given on professional communications?

Answer: Professional communications (section-126)

 No 40[ Advocate] shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his employment as such Advocate by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment:

Provided that nothing in this section shall protect from disclosure–
(1) any such communication made in furtherance of any illegal purpose:
(2) any fact observed by any 41[ Advocate], in the course of his employment as such, showing that any crime of fraud has been committed since the commencement of his employment.
It is immaterial whether the attention of such 42[ Advocate] was or was not directed to such fact by or on behalf of his client.

Explanation.– The obligation stated in this section continues after the employment has ceased.

Illustrations


(a) A, a client, says to B, an 43[ advocate]–"I have committed forgery and I wish you to defend me."

As the defense of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure.

(b) A, a client, says to B, an [Advocate] - "I wish to obtain possession of property by the use of a forged deed on which I request you to sue."

The communication, being made in furtherance of a criminal purpose, is not protected from disclosure.

(c) A, being charged with embezzlement, retains B, an [advocate], to defend him. In the course of the proceedings, B observes that an entry has been made in A's account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment.

This being a fact observed by B in the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.

Section 126 to apply to interpreters, etc

The provisions of section 126 shall apply to interpreters and the clerks or servants of 44[ Advocate]. (section-127)

Privilege not waived by volunteering evidence (section-128)

If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 126; and, if any party to a suit or proceeding calls any such [Advocate] as a witness, he shall be deemed to have consented to such disclosure only if he questions such [Advocate] on matters which, but for such question, he would not be at liberty to disclose.

 

Confidential communications with legal advisers (section-129)

No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others.

 

Q.70. When a witness may be compelled to produce his title deed when he is not a party t the suit?

Answer: No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property or any document in virtue of which he holds any property as pledgee or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims. (section-130)

Q.71. When a person may refuse to produce a document?

Answer: No one shall be compelled to produce documents in his possession, which any other person would be entitled to refuse to produce if they were in his possession, unless such last-mentioned person consents to their production. (section-131)

Q.72. When witnesses may be compelled to answer questions?

Answer:

Witness not excused from answering on ground that answer will criminate (section-132)

A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind:

Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer.

Q.73. How many witnesses are necessary to proof a case?

Answer: No particular number of witnesses shall in any case be required for the proof of any fact. (section-134)

Q.74. How Order of production and examination of witnesses shall be maintained?

Answer: The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the discretion of the Court. (section-135)

Q.75. How Judge to decide as to admissibility of evidence?

Answer: Section-136 enumerates that-

When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant and not otherwise.

If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact first mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking.

If the relevancy of on alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact. 

Illustrations



(a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section 32.

The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement.

(b) It is proposed to prove, by a copy, the contents of a document said to be lost.

The fact that the original is lost must be proved by the person proposing to produce the copy, before the copy is produced.

(c) A is accused of receiving stolen property knowing it to have been stolen.

It is proposed to prove that he denied the possession of the property.

The relevancy of the denial depends on the identity of the property. The Court may, in its discretion, either require the property to be identified before the denial of the possession is proved, or permit the denial of possession to be proved before the property is identified.

(d) It is proposed to prove a fact (A) which is said to have been the cause or effect of a fact in issue. There are several intermediate facts (B, C and D) which must be shown to exist before the fact (A) can be regarded as the cause or effect of the fact in issue. The Court may either permit A to be proved before B, C or D is proved, or may require proof of B, C and D before permitting proof of A.

 

 

Q.76. Define examination-in-chief, cross examination and re-examinatio.

Answer: Section-137 defines the above terminologies as follows:

The examination of a witness by the party who calls him shall be called his examination-in-chief.

The examination of a witness by the adverse party shall be called his cross-examination.

The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.

Q.77. State the order of examination-in-chief, cross examination and re-examinatio.

Answer: . Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.

The examination and cross-examination must relate to relevant facts but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief. (section-138)

The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.

Q.78. Whether Cross-examination of person called to produce a document is binding ?

Answer: No. A person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross-examined unless and until he is called as a witness. (section-139)

Q.79. Whether character of a witness may be cross examined and re-examned?

Answer: yes. Witnesses to character may be cross-examined and re-examined. (section-140)

Q.80. What is leading question?

Answer: Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question (section-141).

Q.81. When leading question may or may not be asked?

Answer:

Leading questions may be asked in cross-examination. (section-143)

Section-142 stated that

Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.

The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.

Q.82. How witnesses may be asked to provide evidence as to matters in writing or previous statements in writing?

Answer: Section-144

Any witness may be asked, whilst under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.
Explanation.– A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.

Illustration
The question is, whether A assaulted B. 

C deposes that he heard A says to D-"B wrote a letter accusing me of theft, and I will be revenged on him." This statement is relevant, as showing A's motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.

Section-145

A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.

Q.83. Which questions are lawful during cross examination?

Answer: Section-146

When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend –

(1) to test his veracity,

(2) to discover who he is and what is his position in life, or

(3) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture

Q.84. When witnesses be compelled to answer?

Answer:

If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 132 shall apply thereto. (section-147)

Section-148

If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. In exercising its discretion, the Court shall have regard to the following considerations:-

(1) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies:

(2) such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies:

(3) such questions are improper if there is a great disproportion between the importance of the imputation made against the witness's character and the importance of his evidence:

(4) the Court may, if it sees fit, draw, from the witness's refusal to answer, the inference that the answer if given would be unfavourable.

Q.85. What Question not to be asked without reasonable grounds?

Answer:

Section-149

No such question as is referred to in section 148 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded.

Illustrations

(a) An 45[ advocate] is instructed by a 46[ client] that an important witness is a dakait. This is a reasonable ground for asking the witness whether he is a dakait.

(b) A pleader is informed by a person in Court that an important witness is a dakait. The informant, on being questioned by the pleader, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dakait.

(c) A witness, of whom nothing whatever is known, is asked at random whether he is a dakait. There are here no reasonable grounds for the question.

(d) A witness, of whom nothing whatever is known, being questioned as to his mode of life and means of living, gives unsatisfactory answers. This may be a reasonable ground for asking him if he is a dakait.

Q.86. Discuss the Procedure of Court in case of question being asked without reasonable grounds.

Answer: If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any 47[ Advocate], report the circumstances of the case to the 48[ High Court Division] or other authority to which such 49[ Advocate] is subject in the exercise of his profession. (section-150)

Q.87. How the Court shall dealt with Indecent and scandalous questions?

Answer: The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed. (section-151)

Q.88. What shall happen if Questions intended to insult or annoy?

Answer: The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form. (section-152)

Q.89. When witnesses may be charged for giving false evidence?

Answer:

Section-153

When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him; but, if he answers falsely, he may afterwards be charged with giving false evidence.

Exception 1.– If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction.

Exception 2.– If a witness is asked any question tending to impeach his impartiality and answers it by denying the facts suggested, he may be contradicted.

Illustrations


(a) A claim against an underwriter is resisted on the ground of fraud. 

The claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He denies it.

Evidence is offered to show that he did make such a claim.

The evidence is inadmissible.

(b) A witness is asked whether he was not dismissed from a situation for dishonesty.

He dines it.

Evidence is offered to show that he was dismissed for dishonesty.

The evidence is not admissible.

(c) A affirms that on a certain day he saw B at 50[ Khulna].

A is asked whether he himself was not on that day at Chittagong. He denies it.

Evidence is offered to show that A was on that day at Chittagong.

The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in 51[ Khulna]. 

In each of these cases the witness might, if his denial was false, be charged with giving false evidence.

(d) A is asked whether his family has not had a blood feud with the family of B against whom he gives evidence.

He denies it. He may be contradicted on the ground that the question tends to impeach his impartiality.

  1. 90. Who is a hostile witness?

Answer: The witness who gives evidence against the party who call him as a witness.

The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party. (section-154)

Q.91. State Impeaching credit of witness.

Answer: Section-155

The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him:-

(1) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit;

(2) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence;

(3) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted;

(4) when a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.

Explanation.–A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence.

Illustrations



(a) A sues B for the price of goods sold and delivered to B. C says that A delivered the goods to B.

Evidence is offered to show that, on a previous occasion, he said that he had not delivered the goods to B.

The evidence is admissible.

(b) A is indicted for the murder of B.

C says that B, when dying, declared that A had given B the wound of which he died.

Evidence is offered to show that, on a previous occasion, C said that the wound was not given by A or in his presence. The evidence is admissible.

Q.92. State corroborative evidences.

Answer:

Questions tending to corroborate evidence of relevant fact admissible (section-156)

When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred, if the Court is of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact which he testifies.

Illustration

A, an accomplice, gives an account of a robbery in which he took part. He describes various incidents unconnected with the robbery which occurred on his way to and from the place where it was committed.

Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself.

Former statements of witness may be proved to corroborate later testimony as to same fact (section-157)

In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.

What matters may be proved in connection with proved statement relevant under section 32 or 33 (section-158)

Whenever any statement, relevant under section 32 or 33, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested.

Q.93. How memory may be refreshed under the Evidence Act, 1872?

Answer:

Refreshing memory(section-159)

A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory.

The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct.

When witness may use copy of document to refresh memory

Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document:

Provided the Court be satisfied that there is sufficient reason for the non-production of the original.

An expert may refresh his memory by reference to professional treatises.

Testimony to facts stated in document mentioned in section 159 (section-160)

A witness may also testify to facts mentioned in any such document as is mentioned in section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.

Illustration

A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.

Right of adverse party as to writing used to refresh memory (section-161)

Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it: such party may, if he pleases, cross-examine the witness thereupon.

Q.94. Which section states on production and translation of documents?

Answer: Section-162 as under:

A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court.

The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility.

Translation of documents

If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence: and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 166 of the 52[ * * *] Penal Code.

Q.95. When a party is bound to Giving, as evidence, of document called for and produced on notice?

Answer: Section-163

When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.

Using, as evidence, of document production of which was refused on notice (section-164)

When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court.

Illustration

A sues B on an agreement and gives B notice to produce it. At the trail A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so

 

 

Q.96. Elaborate Judge’s power to put questions or order production.

Answer: Section-165

The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing: and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question:

Provided that the judgment must be based upon facts declared by this Act to be relevant, and duly proved:

Provided also that this section shall not authorize any Judge to compel any witness to answer any question or to produce any document which such witness would be entitled to refuse to

answer or produce under sections 121 to 131, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases herein- before excepted.

Q.97. Discuss Power of jury or assessors to put questions.

Answer: In cases tried by jury or with assessors, the jury or assessors may put any questions to the witnesses, through or by leave of the Judge, which the Judge himself might put and which he considers proper. (section-166)

Q.98. When the Court shall not grant new trial due to improper admission or rejection of evidence?

No new trial for improper admission or rejection of evidence (section-167)

The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.

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  1. The Limitation Act, 1908

 

Q.1. What is the title of ‘limitation act’?

 

Answer: The Limitation Act, 1908.

 

Q.2. When the Limitation Act was enacted?

 

Answer: In the year of 1908.

 

Q.3. What is the serial no. or act no. of the Limitation Act?

 

Answer: Act No. IX of 1908.

 

Q.4. When the Limitation Act came into force?

 

Answer: On the first day of January, 1909.

 

Q.5. When the Limitation Act was adopted?

 

Answer: On the 7th day of August 1908.

 

Q.6. How many sections are in the Limitation Act?

 

Answer: There are 32 sections are in the Limitation Act.

 

Q.7. How many schedules are in the Limitation Act?

 

Answer: There are two schedules of which schedule no. 2 was repealed by the Act no. VIII of 1930.

 

Q.8. How many articles are in the Limitation Act, 1908?

 

Answer: There are 183 articles in the Limitation Act, 1908.

 

Q.9. What is the difference between ‘article’ and ‘section’ of the Limitation Act?

 

Answer: Articles of the Limitation Act are given in the first schedule to specify period of limitation and time from which limitation begins whereas sections are enacted by the parliament and provides definition and application of limitation act mentioning various circumstances.

Q.10. Which section of the Limitation Act came into force immediately on the date of its enactment?

Answer: Section 1 and 31 of the Limitation Act, however, section31 is now repealed.

 

Q.11. Does the Limitation Act applicable for all over Bangladesh?

 

Answer: Yes. (section 1).

 

Q.12. Is it a correct statement that Limitation Act is applicable for both civil and criminal law but not for special laws?

Answer: yes. (section 29 (2)).

Q.13. Which section of the Limitation Act gives definition of important legal terms used in the law?

Answer: Section 2.

 

Q.14. Does a ‘suit’ include appeal or application?

 

Answer: No. (section 2 (10)).

 

Q.15. What is the meaning of ‘bill of exchange’ under the Limitation Act?

 

Answer: “Bill of exchange” includes a hundi and a cheque.(section 2 (2)).

 

Q.16. What is the meaning of promissory note?

Answer:  “Promissory note” means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight. (section 2 (9)).

 

Q.17. Define ‘bond’.

 

Answer: “Bond” includes any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be. (section 2 (3)).

 

Q.18. Define easement.

 

Answer: “Easement” includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to or subsisting upon, the land of another (section 2 (5)).

 

Q.19. Define good faith.

 

Answer: “Good faith”: nothing shall be deemed to be done in good faith which is not done with due care and attention. (section 2 (7)).

 

Q.20. Whether limitation is a defence in a suit?

 

Answer : No. (section 3).

 

Q.21. What is called limitation?

 

Answer: Limitation means specific period of time fixed by the first schedule of the Act subject to the provisions of section 4 to 25 (inclusive) with in which every suit must be instituted or appeal preferred and application made, otherwise the suit or application or appeal shall be dismissed. (section 3).

 

Q.22. How a suit may be instituted?

 

Answer: A suit is instituted, in ordinary cases, when the plaint is presented to the proper officer; in the case of a pauper, when his application for leave to sue as a pauper is made; and, in the case of a claim against a company which is being wound up by the Court, when the claimant first sends in his claim to the official liquidator. (section3, explanation).

Q.23. What shall happen if Court remains closed on the day when period of limitation expires?

Answer: The application or appeal or suit shall be instituted on the day when Court re-opens. (section-4)

 

Q24. Which section of the Limitation Act states on ‘condonation of delay’?

 

Answer: Section 5 of the Limitation Act, 1908.

 

Q.25. Discuss the meaning of condonation of delay.

 

Answer: If the Court satisfied, it may extend the period of limitation which is called condonation of delay. According to section 5, “Any appeal or application for a revision or a review of judgment or for leave to appeal or any other application to which this section may be made applicable by or under any enactment for the time being in force may be admitted after the period of limitation prescribed therefor, when the appellant or applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period.

Explanation - The fact that the appellant or applicant was misled by any order, practice or judgment of the High Court Division in ascertaining or computing the prescribed period of limitation may be sufficient cause within the meaning of this section.”

 

Q.26. What are the reasonable grounds for condonation of delay?

 

Answer: All or any of the grounds mentioned from sections 6 to 25 of the Limitation Act.

 

Q.27. What is legal disability?

 

Answer: Where a person entitled to institute a suit or proceeding or make an application for the execution of a decree is, at the time from which the period of limitation is to be reckoned, a minor, or insane, or an idiot, he may institute the suit or proceeding or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time prescribed therefore in the third column of the first schedule or in section 48 of the Code of Civil Procedure, 1908. (section 6(1)).

 

Q.28. What shall happen if a person remains legally disable till his death?

 

Answer: Where the disability continues up to the death of such person, his legal representative may institute the suit or make the application within the same period after the death as would otherwise have been allowed from the time so prescribed. (section 6(3)).

 

Q.29. If the legal representatives of the person entitled to institute a suit or proceeding or make an application for the execution of a decree remains disable?

 

Answer: Where such representative is at the date of the death affected by any such disability, he may institute the suit or make the application within the same period, after his disability ceased or both disabilities have ceased. (section 6 (4)).

 

Q.30. Give examples of some legal disability.

 

Answer: (a) The right to sue for the hire of a boat accrues to A during his minority. He attains majority four years after such accruer. He may institute his suit at any time within the years from the date of his attaining majority.

(b) A right to sue accrues to Z during his minority. After the accruer, but while Z is still a minor, he becomes insane. Time runs against Z from the date when his insainity and minority cease.

(c) A right to sue accrues to X during his minority. X dies before attaining majority, and is succeeded by Y, his minor son. Time runs against Y from the date of his attaining majority.

 

Q.31. What shall happen in case of Disability of one of several plaintiffs or applicants?

 

Answer: Where one of several persons jointly entitled to institute a suit or proceeding or make an application for the execution of a decree is under any such disability, and discharge can be given without the concurrence of such person, time will run against them all: but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased. (section -7)

Illustrations


(a) A incurs a debt to a firm of which B, C and D are partners. B is insane, and C is a minor. D can give a discharge of the debt without the concurrence of B and C. Time runs against B, C and D.

(b) A incurs a debt to a firm of which E, F and G are partners. E and F are insane, and G is a minor. Time will not run against any of them until either E or F becomes sane, or G attains majority.

 

Q.32. Whether legal disability may be used as a defence for extension of time in pre-emption case?

Answer: No. (section 8).

 

Q.33. What is special exceptions under the Limitation Act?

 

Answer: Special exceptions means section 6 and 7 (i.e. legal disability and discharge) not applicable for pre-emption case and it shall not extend limitation period for more than three years. (section-8)

Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period within which any suit must be instituted or application made.

Illustrations


(a) A, to whom a right to sue for a legacy has accrued during his minority, attains majority eleven years after such accruer. A has, under the ordinary law, only one year remaining within which to sue. But under section 6 and this section an extension of two years will be allowed him, making in all a period of three years from the date of his attaining majority, within which he may bring his suit.

(b) A right to sue for an hereditary office accrues to A who at the time is insane. Six years after the accruer A recovers his reason. A has six years, under the ordinary law, from the date when his insanity ceased within which to institute a suit. No extension of time will be given him under section 6 read with this section.

(c) A right to sue as landlord to recover possession from a tenant accrues to A, who is an idiot. A dies three years after the accruer, his idiocy continuing up to the date of his death. A's representative in interest has, under the ordinary law, nine years from the date of A's death within which to bring a suit. Section 6 read with this section does not extend that time, except where the representative is himself under disability when the representation devolves upon him.

 

 

Q.34. What is called ‘continuous running of time”?

 

Answer: Where once time has begun to run, no subsequent disability or inability to sue stops it:

Provided that where letters of administration to the estate of a creditor have been granted to his debtor, the running of the time prescribed for a suit to recover the debt shall be suspended while the administration continues. (section-9)

 

The term ‘disability’ includes legal disability such as minor, insane, idiot etc,. whereas ‘inability’ states physical power to act such as  illness or poverty etc,. In computing the period of limitation, it shall be counted whether the person entitled was disable or inable at the beginning date of computing period of limitation and subsequent disability or inability shall not be taken into consideration for extension of the period of limitation.

 

Q.35. Is there any time limitation in a trust property?

 

Answer: No. In case of trust, a suit may be brought at any time. Any property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment shall be deemed to be property vested in trust and the manager as the trustee. (section 10).

 

Q.36. Whether the Limitation Act, 1908 is applicable in a foreign contract?

 

Answer: Yes, a case may be filed as per our limitation act when a contract was signed in a foreign country. The foreign Limitation Act shall not applicable in a suit instituted in Bangladesh unless any rule of the foreign limitation act extinguishes the contract when both the parties domiciled in that country (section 11).

 

Q.37. What period or time shall be excluded in computing period of limitation?

 

Answer: Time necessary for obtaining copy of judgement or decree and also the date of pronouncing the judgemnt.

Section-12. (1) In computing the period of limitation prescribed for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded.

(2) In computing the period of limitation prescribed for an appeal, an application for leave to appeal and an application for a review of judgment, the day on which the judgment complained of was pronounced, and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be reviewed, shall be excluded.

(3) Where a decree is appealed from or sought to be reviewed, the time requisite for obtaining a copy of the judgment on which it is founded shall also be excluded.

(4) In computing the period of limitation prescribed for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.

 

Q.38. If the defendant leaves abroad, whether the period of his staying abroad shall be excluded in computing period of limitation?

 

Answer: yes.

 

In computing the period of limitation prescribed for any suit, the time during which the defendant has been absent from Bangladesh and from the territories beyond Bangladesh under the administration of the Government shall be excluded. (section 13).

 

It is to be noted that “suit” does not include an appeal or application. (section 2 (10)).

 

Q.39. Which section states that time may be extended if a suit or appeal is filed in good faith or preferred in a court which cannot entertain it?

 

Answer: section 14.

 

Section-14 states that -(1) In computing the period of limitation prescribed for any suit, the time during which the plantiff has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the defendant, shall be excluded, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a Court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it.

(2) In computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a Court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it.

Explanation I - In excluding the time during which a former suit or application was pending, the day on which that suit or application was instituted or made, and the day on which the proceedings therein ended, shall both be counted.

Explanation II - For the purposes of this section, a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding.

Explanation III - For the purposes of this section misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.

 

Q.40. Whether time shall be extended when execution of decree is suspended or notice is given by any injunction or order of a court or requirements of a law?

 

Answer: yes. (section 15)

Section -15 states that - (1) In computing the period of limitation prescribed for any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

(2) In computing the period of limitation prescribed for any suit of which notice has been given in accordance with the requirements of any enactment for the time being in force, the period of such notice shall be excluded.

 

Q.41. When limitation period may be extended in a sale?

 

Answer: In computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded. (section 16)

 

Q.42. What is the effect of death before right to sue accrues? Is it applicable in a pre-emption case?

 

Answer: His representative may file the case and it is not applicable in pre-emption case.

 

Section 17 provides that (1) Where a person, who would, if he were living, have a right to institute a suit or make an application, dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting or making such suit or application.

(2) Where person against whom, if he were living, a right to institute a suit or make an application would have accrued dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute or make such suit or application.

(3) Nothing in sub-sections (1) and (2) applied to suits to enforce rights of pre-emption or to suits for the possession of immoveable property or of an hereditary office.

 

Q.43. Discuss the effect of fraud in a Limitation Act?

 

Answer: If right of a person is concealed fraudulently, he may file the suit from the date of his knowledge when he knows of such right.

 

Section-18 stated that- Where any person having a right to institute a suit or make an application has, by means of fraud, been kept from the knowledge of such right or of the title on which it is founded,

or where any document necessary to establish such right has been fraudulently concealed from him,

the time limited for instituting a suit or making an application-

(a) against the person guilty of the fraud or accessory thereto, or

(b) against any person claiming through him otherwise than in good faith and for a valuable consideration,

shall be computed from the time when the fraud first became known to the person injuriously affected thereby, or, in the case of the concealed document, when he first had the means of producing it or compelling its production.

Q.44. What is acknowledgement under the limitation act?

 

Answer: It means the time of limitation shall be extended if any person acknowledges in writing and signed by him or his legal representative of any liability to other person before expiration of the limitation period, a fresh period of limitation shall be computed from the date of acknowledgement.

 

So, acknowledgement must be signed, written, before expiration of limitation period and admission of any right or liability by the person or his agent.

 

 Section-19 states that (1) Where, before the expiration of the period prescribed for a suit or application in respect of any property or right, an acknowledgement of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by some person through whom he derives title or liability, a fresh period of limitation shall be computed from the time when the acknowledgement was so signed.

(2) Where the writing containing the acknowledgement is undated, oral evidence may be given of the time when it was signed; but, subject to the provisions of the Evidence Act, 1872, oral evidence of its contents shall not be received.

Explanation I - For the purposes of this section an acknowledgement may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time

for payment, delivery, performance or enjoyment has not yet come, or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to a set-off, or is addressed to a person other than the person entitled to the property or right.

Explanation II - For the purposes of this section, “signed” means signed either personally or by an agent duly authorized in this behalf.

Explanation III - For the purposes of this section an application for the execution of a decree or order is an application respect of a right.

Q.45. How limitation period shall be computed when interest or any portion of debt is paid?

 

Answer: Section 20 enumerated that (1) Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy, or by his duly authorized agent, a fresh period of limitation shall be computed from the time when the payment was made.

 

So, fresh period of limitation shall be computed from the date of any installment paid or any portion of the debt paid or any ineterst paid.

 

Q.46. How period of limitation shall be computed in case of a non-joinder or misjoinder or adding party?

 

Answer: It shall be computed from the date when he was made party to such suit.

 

Section-22 enshrines that (1) Where, after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party.

(2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to an assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.

 

 

Q.47. How period of limitation shall be computed in case of Continuing breaches and wrongs?

 

Answer: Section-23 provides that- In the case of a continuing breach of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong, as the case may be, continues.

 

Q.48. How period of limitation shall be computed for Suit for compensation for act not actionable without special damage?

 

Answer: The time shall be computed when the actual injury results from an act.

 

Section-24 stated that In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results.

Illustration

A owns the surface of a field. B owns the subsoil. B digs coal thereout without causing any immediate apparent injury to the surface, but at last the surface subsides. The period of limitation in the case of a suit by A against B runs from the time of the subsidence.

 

Q.49. Which calendar shall be followed in computation of time?

 

Answer: Section-25 provided that- All instruments shall, for the purposes of this Act, be deemed to be made with reference to the Gregorian calendar.

Illustrations


(a) A Hindu makes a promissory note bearing a Native date only, and payable four months after date. The period of limitation applicable to a suit on the note runs from the expiration of four months after date computed according to the Gregorian calendar.

(b) A Hindu makes a bond, bearing a Native date only, for the repayment of money within one year. The period of limitation applicable to a suit on the bond runs from the expiration of one year after date computed according to the Gregorian Calendar.

 

Q.50. What is period of limitation for acquisition of easement right?

 

Answer: Twenty years possession without interruption for private property and sixty years possession for government property.

 

Section-26 stated that- (1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years,

and where any way or watercourse, or the use of any water, or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption, and for twenty years,

the right to such access and use of light or air, way, water-course, use of water, or other easement shall be absolute and indefeasible.

Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.

(2) Where the property over which a right is claimed under sub-section (1) belongs to the Government, that sub-section shall be read as if for the words “twenty years” the words “sixty years” were substituted.

Explanation - Nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made.

Illustrations

                                                                       
(a) A suit is brought in 1911 for obstructing a right of way. The defendant admits the obstruction, but denies the right of way. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto as an easement and as of right, without interruption from 1st January, 1890 to 1st January, 1910. The plaintiff is entitled to judgment.

(b) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. The defendant proves that the plaintiff, on one occasion during the twenty years, had asked his leave to enjoy the right. The suit shall be dismissed.

 

Q.51. How right to easement may be excluded in favour of reversioner of servient tenement?

 

Answer: Section-27 states that- Where any land or water upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period of twenty years in case the claim is, within three years next after the determination of such interest or term, resisted by the person entitled, on such determination, to the said land or water.

Illustration
A sues for a declaration that he is entitled to a right of way over B's land. A proves that he has enjoyed the right for twenty-five years; but B shows that during ten of these years C, a Hindu widow, had a life interest in the land, that on C's death B became entitled to the land, and that within two years after C's death he contested A's claim to the right. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years.

 

Section-28. At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.

 

Section 26 to 28 is applicable for immovable property and applies mainly tosuits not to other applications.

Q.52. Which section or sections states about the limitation of the Limitation Act?

Answer: Sections 29, 8 and 10.

Period of limitation

 

Q.53. What is the time limitation for filing a suit under section 9 of the Specific Relief Act, 1877?

Answer: Six months from the date when the dispossession occurs.(article-3)

 

Q.54. What is the time limitation for filing a suit for wages of household servant, artisan or labourer?

Answer: One year from the date when wages accrue due. (Article-7)

 

Q.55. What is the time limitation to enforce a right of pre-emption whether the right is founded on law or general usage or on special contract?

 

Answer: One year from the date of selling physical possession or the sale instrument is registered. (article-10)

 

Q.56. What is the time limitation against an order of attachment under CPC of property in execution of a decree?

Answer: One year from the date of order. (Article-11)

 

Q.57. What is the time limitation to set aside a sale under Civil Court?

 

Answer: One year when the sale is confirmed or otherwise become final. (Article-12)

 

Q.58. What is time limitation for setting aside a lease or transfer of property or attachment against the government caused by arrears of revenue?

Answer: One year from the date when attachment, transfer or lease is made. (article-15)

 

Q.59. What is time limitation for compensation for false imprisonment?

Answer: One year, when the imprisonment ends.

 

Q.60. What is the time limitation for filing a suit for compensation for injury or malicious prosecution or libel or slander?

 

Answer: One year from the date when injury is committed or the plaintiff is acquitted or prosecution is terminated or when the libel is published or words spoken or damage incurred. (Articles 22,23,24 and 25 respectively)

 

Q.61. What is time limitation for compensation suit for breach of contract or wrongful seizure of movable property under legal process or for losing or injuring goods by a carrier or for non delivery or delay in delivery of goods by a carrier?

 

Answer: One year from the date of occurrence of the breach or loss or injury or damage. (Articles-27,29, 30, 31 respectively).

 

Q.62. What is time limitation for filing a suit for mal-feasance, misfeasance or non-feasance?

Answer: Two years from the date when malfeasance, misfeasance or nonfeasance takes place. (Article-36)

 

Q.63. What is period of limitation for compensation in a suit for obstructing a way or watercourse or diverting a watercourse or transfer of an immovable property or for infringing copy right or to restrain waste or injury caused by injunction wrongfully obtained?

Answer: 3 years from the date of obstruction or diversion or trespass or infringement or waste begins or injunction ceases. (Articles-37,38,39,40,41 and 42 respectively).

Q.64. What is the time limitation for setting aside a transfer of property by wards against his guardian?

Answer: 3 years. (article-44)

Q.65. What is ordinary time limitation for setting aside or recover transfer of movable property by a manager or trustee or any person etc,?

Answer: 3 years. (article-48 and 48B)

Q.66. What is period of limitation for money payable for money lent?

Answer: 3 years from the date when loan is made. (article-57)

 

Q.67. What is the time limitation for money payable on demand or money deposited on agreement or money payable for interest etc,?

Answer: 3 years when the loan is made or demand is made or money is paid or interest becomes due. (Articles-59 to 63)

Q.68. What is the ordinary time limitation for filing a suit on bond or bill of exchange or promissory note?

Answer: 3 years when the bill is presented or default is made or time expires or first term expires etc,. (Articles-66-80)

Q.69. What is the time limitation for filing a suit by surety against principal debtor or co-sharer?

Answer: 3 years when the surety pays the creditor or in excess of his own share. (article-81 and 82)

 

Q.70. What is time limitation for a suit in case of indemnity contact?

Answer: 3 years from the date of damnified. (article-83)

 

Q.71. What is period of limitation to recovery costs of a suit by an advocate?

Answer: 3 years. (article-84).

 

Q.72. What is time limitation for claiming rights on policy of a insurance?

Answer: 3 years from the date of death or causing loss. (article-86)

 

Q.73. What is time limitation for a principal to file a suit against agent?

Answer: 3 years when the misconduct or oters known to him. (article-89,90)

 

Q.74. What is the period of limitation to cancel or set aside a document or declare the forgery of a document issued or registered or transfer of a property by mistake or fraud or insane?

Answer: 3 years from the date of knowledge or cessation of disability. (articles-91 to 99)

 

Q.75. What is the limitation period for recovery of dower?

Answer: 3 years from the date of demand in case of mu’ajjal or death or divorce in case of mu’wajjal or defrred. (article-103 and 104)

 

Q.76. What is time limitation for filing a suit for recovery of share in adissolved partnership business?

Answer: 3 years from the date of dissolution. (article-106)

Q.77. What is the time limitation for recovery of mesne profit or arrears of rent?

Answer: 3 years. (articles-109 and 110 respectively)

Q.78. What is the time limitation for call by a company?

Answer: 3 years when the call is payable. (article-112)

 

Q.79. What is the period of limitation for specific performance of a contract or recession of a contract?

Answer: 1 year from the date when performance is refused or rescind known to him .(Article-113 and 114)

 

Q.80. What is time limitation for breach of contract not writing and registered?

Answer: 3 years. (Article-115)

 

Q.81. What is time limitation when a contract is writing and registered?

Answer: Six years. (Article-116)

 

Q.82. What is time limitation against a foreign judgement?

Answer: six years from the date of judgment. (article-117)

 

Q.83. What is time limitation for declaration of adoption as invalid or illegal?

Answer: Six years from the date of knowledge r rights of adopted son  interfered. (article-118 and 119)

 

Q.84. What is the period of limitation when no time is fixed by law for filing a suit?

Answer: Six years when the right to sue accrues. (article-120)

 

  1. 85. What is the time limitation by a Hindu for arrears of maintenance or declaration of maintenance?

Answer: Twelve years when the arrears are payable or right is denied. (article-128 and 129)

 Q.86. What is period of limitation to recover possession of immovable property or setting aside transfer of trust property or charitable endowment property?

Answer: 12 years from the date  when the transfer becomes known to the plaintiff. (article-134, 134A).

 

Q.87. What is time limitation for recovery of possession of immovable property?

Answer: 12 years from the date of dispossession or discontinuance. (article-142).

 

Q.88. What is period of limitation for recovery of movable property deposited or pawned?

Answer: 30 years from the date of the deposit or pawned. (article-145)

 

Q.89. What is the time limitation for recovery of public street by local authority disposseeed?

Answer: 30 years. (article-146A)

 

Q.90. What is the period of limitation in a suit for redemption or foreclosure?

Answer: 60 years (article-148 and 147 respectively).

 

Q.91. What is the time limitation in asuit by or in favour of the government?

Answe: 60 years. (article-149)

 

Q.92. What is the period of limitation for an appeal against death sentence under Cr P C?

Answer: 7 days from the date of sentence. (article-150)

 

Q.93. What is the period of limitation for an appeal against the decree or order of High Court Division in exercise of its original jurisdiction?

Answer: 20 days from the date of decree or order.(article-151)

 

Q.94. What is the period of limitation for an appeal against the decree or order of a Civil Court under CPC to the District Judge Court?

Answer: 30 days from the date of decree or order appealed from. (article-152)

 

Q.95. What is the period of limitation for an appeal against the decree or order of a Civil Court under CPC to the High Court Division refusing leave to appeal to the AD?

Answer: 30 days from the date of order. (article-153)

 

Q.96. What is the period of limitation for an appeal against the order or judgement of a Criminal Court under CrPC to any Criminal Court other than High Court Division?

Answer: 30 days from the date of sentence or order appealed from. (article-154)

 

Q.97. What is the period of limitation for an appeal against the order or judgement of a Criminal Court under CrPC to any High Court Division except death penalty or acquittal?

 

Answer: 60 days. (article-155)

 

Q.98. What is the period of limitation for an appeal against the order or judgement of acquittal passed by a Criminal Court under CrPC to any High Court Division?

 

Answer: 6 months. (article-157)

 

 

Q.99. What is the period of limitation for an appeal against the decree or order of a Civil Court under CPC to the High Court Division except article151 and 153?

Answer: 90 days from the date of order or decree. (article-156)

 

Q.100. What is the period of limitation for getting an award or set aside an ward under the arbitration Act?

Answer: 30 days.(article-158)

 

Q.101. What is the period of limitation for leave to appear and defend a suit under summary trial?

 

Answer: 10 days from the date when summon is served. (article-159)

 

Q.102. What is the period of limitation for restoration of a review petition under CPC?

Answer: 15 days when the application for review is rejected. (article-160)

Q.103. What is the period of limitation for review a judgement by High Court Division?

Answer: 20 days from the date of the order or decree. (article-162)

 

Q.104. . What is the period of limitation for review a judgement by Small Causes Court?

Answer: 15 days from the date of the order or decree. (article-161)

 

Q.105. What is the time limitation by a plaintiff for dismiss of default or for non-payment of costs?

Answer: 30 days from the date of dismissal. (article-163)

 

Q.106. What is the time limitation by a a defendant for exparte decree?

Answer: 30 days from the date of decree or when summon not duly served from the date of knowledge. (article-164)

Q.107. What is the period of limitation by a person or judgement debtor to set aside a sale or to recover possession?

Answer: 30 days. (articles-165-167)

 

Q.108. What is the period of limitation in an application for readmission of appeal or re-hearing of an appeal heard exparte?

Answer: 30 days (168-169)

 

  1. 109.What is period of limitation for a case of leave to a pauper appeal?

Answer: 30 days (article-170).

 

  1. 110.What is period of limitation for a review?

Answer: 90 days (article-173).

 

Q.111. What is the period of limitation for payment of amount of a decree by installments?

Answer: 6 months from the date of the decree (article-175).

 

Q.112. What is the period of limitation for filing leave to appeal under CPC?

Answer: 90 days. (article-179)

 

Q.113. What is the period of limitation for filing a suit by a purchases when sale becomes absolute for delivery of possession?

Answer: 3 days. (article-180)

 

Q.114. What is the period of limitation for execution of a decree?

Answer: 3 years from the date of the decree or order and when the certificate of the decree or order is registered with in 6 years. (article-182)

 

Q.115. What is the period of limitation for execution of a decree by High Court Division under CPC?

Answer: 12 years. (article-183).

--------------------------------------------------------------------------------------------------------------

 

  1. The Specific Relief Act, 1877

 

Q.1. What is the title of ‘S.R. Act’?

 

Answer: The Specific Relief Act, 1877.

 

Q.2. When the Specific Relief Act was enacted?

 

Answer: In the year of 1877.

 

Q.3. What is the serial no. or act no. of the S.R. Act?

 

Answer: Act No. I of 1877.

 

Q.4. When the S.R. Act came into force?

 

Answer: On the first day of May, 1877.

 

Q.5. When the S.R. Act was adopted?

 

Answer: On the 7th day of February 1877.

 

Q.6. How many sections are in the S.R. Act?

 

Answer: There are 57 sections are in the S.R. Act.

 

Q.7. How many schedules or articles are in the S.R. Act?

 

Answer: There is no schedule or articles in this Act. The S R Act is divided into 10 chapters and 57 sections.

Q.8. What is the basis of S.R. Act?

Answer: It is a law applicable for civil suit and is based on equity, justice and good conscience.

 

Q.9. Whether the S R Act is applicable for whole of Bangladesh?

Answer: Yes.

 

Q.10. Which section of the S.R. Act states that all words used in this Act shall be used in the same meaning as in the Contract Act, 1872?

Answer: section-3.

 

Q.11. What are the limitations of the S R Act?

 

Answer: The limitations of S R Act stated in section-4 that it is not applicable, if the right is not supported by an agreement or contract or deprive a person any right to relief which he may have under any contract or the S R Act shall not affect the operation of the Registration Act, 1908.

Section-7 states that Specific relief cannot be granted for the mere purpose of enforcing a penal law.

Section-4
Except where it is herein otherwise expressly enacted, nothing in this Act shall be deemed-

(a) to give any right to relief in respect of any agreement which is not a contract;

(b) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or 

(c) to affect the operation of the 1[ Registration Act, 1908] on documents.

 

Q.12. How specific relief may be given under the S R Act?

Answer: According to section-5 of the S R Act,

Specific relief is given-

(a) by taking possession of certain property and delivering it to a claimant;

(b) by ordering a party to do the very act which he is under an obligation to do;

(c) by preventing a party from doing that which he is under an obligation not to do;

(d) by determining and declaring the rights of parties otherwise than by an award of compensation; or 

(e) by appointing a receiver.

 

Q.13. What is called preventive relief?

Answer:
Section-6 provides that Specific relief granted under clause (c) of section 5 is called preventive relief. Injunction is a type of preventive relief.

 

Q.14. Whether specific relief may be granted in a penal law?

Answer: No. It is applicable in a civil suit.

 

Q.15. How possession of specific immovable property may be recovered under the S R Act, 1877?

 

Answer: Section-8 of S R Act states that it may be recovered following procedures of the CP C. However, to recover possession with title, a suit under section-8 may be filed when the claimant or plaintiff is the owner of the property. For declaration only for title of the property , section-42 of S R Act shall be applicable. For declaration of title with recovery of possession section 8 and 42 will be applied. For recovery of khas possession when the plaintiff claims possession only not title, section-9 of S R Act shall be applied.

Regarding court fees for a suit under section-8,9 and 42 are different. For section 8 and 9 advalorem court fees are applicable while for section 42, fixed court fees of taka 300 is applicable for every declaration when no consequential relief are sought.

 

 

Q.16. What is called suit for khas possession?

Answer: According to section-9 of the S R Act, a suit may be instituted only for recovery of possession when any person is dispossessed without lawful authority but this section is not applicable for filing a suit against government and no appeal lie from any decree or order passed in this suit. A person or plaintiff may apply for other remedies in addition to possession such as title of the property or land.

Section-9 provided that

 If any person is dispossessed without his consent of immoveable property otherwise than in due course of law, he or any person claiming through him may, by suit recover possession thereof, notwithstanding any other title that may be set up in such suit.



Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.

No suit under this section shall be brought against the Government.

No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.

 

Q.17. How recovery of specific movable property may be made under the S R Act?

Answer: There are provisions in this regard for recovery of specific movable property under sections 10 and 11of the S R Act, 1877. Section 10 states that procedures of CPC shall be followed for recovery of specific movable property. Section 11 provided that

Any person having the possession or control of a particular article of moveable property, of which he is not the owner, may be compelled, specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:-

(a) when the thing claimed is held by the defendant as the agent or trustee of the claimant; 

(b) when compensation in money would not afford the claimant adequate relief for the loss of the thing claimed;

(c) when it would be extremely difficult to ascertain the actual damage caused by its loss;

(d) when the possession of the thing claimed has been wrongfully transferred from the claimant.

 

Q.18. What is specific performance of contract?

 

Answer: Specific performance of contract means the contract must be observed in toto without violations of any terms and conditions. When full and complete specific performance is not possible under section 12, a partial specific performance of a contract may be held. Section 21 states on some types of contract not specifically enforceable. In fact, specific performance of a contract is the discretion of the Court.

 

Q.19. State the provisions of section 12 of the S R Act on specific performance of contract with examples.

 

Answer:

 

Section-12. Except as otherwise provided in this Chapter, the specific performance of any contract may in the discretion of the Court be enforced-


(a) when the act agreed to be done is in the performance, wholly or partly, of a trust;


(b) when 1[ there] exists no standard for ascertaining the actual damage caused by non-performance of the act agreed to be done;


(c) when the act agreed to be done is such that pecuniary compensation for its non-performance would not afford adequate relief; or


(d) when it is probable that pecuniary compensation cannot be got for the non-performance of the act agreed to be done.

Explanation - Unless and until the contrary is proved, the Court shall presume that the breach of a contract to transfer immoveable property cannot be adequately relieved by compensation in money, and that the breach of a contract to transfer moveable property can be thus relieved.

Illustrations


of clause (b)-


A agrees to buy, and B agrees to sell, a picture by a dead painter and two rare china vases. A may compel B specifically to perform this contract, for there is no standard for ascertaining the actual damage which would be caused by its non-performance.


of clause (c)-

A contracts with B to sell him a house for taka 1,000. B is entitled to a decree directing A to convey the house to him, he paying the purchase-money.



In consideration of being released from certain obligations imposed on it by its act of Incorporation, a railway-company contract with Z to make an archway through there railway to connect lands of Z severed by the railway, to construct a road between certain specified points, to pay a certain annual sum towards the maintenance of this road, and also to construct a siding and a wharf as specified in the contract. Z is entitled to have this contract specifically enforced for his interest in its performance cannot be adequately compensated for by money: and the Court may appoint a proper person to superintend the construction of the archway, road, siding and wharf.



A contracts to sell, and B contracts to buy, a certain number of railway-shares of a particular description. A refuses to complete the sale. B may compel A specifically to perform this agreement, for the shares are limited in number and not always to be had in the market, and their possession carries with it the status of a share-holder, which cannot otherwise be procured.



A contracts with B to paint a picture for B, who agrees to pay therefor taka 1,000. The picture is painted. B is entitled to have it delivered to him on payment or tender of the taka 1,000.

A transfers without endorsement, but for valuable consideration, a promissory note to B. A becomes insolvent, and C is appointed his assignee. B may compel C to endorse the note, for C has succeeded to A's liabilities, and a decree for pecuniary compensation for not endorsing the note would be fruitless.

 

Q.20. Can specific performance of a contract is possible when subject matter is affected or partially ceased to exist?

Answer: When a matter existed at the time of contract but partially lost or ceased to exist at the time of performance, it may also be possible for specific performance under section 13 of S R Act in contravention to the provisions of section 56 of the Contract Act, 1872.

 


Section-13. Notwithstanding anything contained in section 56 of the Contract Act, a contract is not wholly impossible of performance because a portion of its subject-matter, existing at its date, has ceased to exist at the time of the performance.

Illustrations

(a) A contracts to sell a house to B for a lakh of taka. The day after the contract is made the house is destroyed by a cyclone. B may be compelled to perform his part of the contract by paying the purchase-money.

(b) In consideration of a sum of money payable by B, A contracts to grant an annuity to B for B's life. The day after the contract has been made, B is thrown from his horse and killed. B's representative may be compelled to pay the purchase-money.

 

 

Q.21. Whether specific performance of part of contract is possible?

Answer: Yes, according to section-14 of the S R Act, if the unperformed part is small, specific performance of part contract is possible and compensations to be given for deficiency of unperformed part.

However, when unperformed part is large, it is the discretion of the party to apply for specific performance of small part of the contract and to relinquish claims or compensations for the rest portion of the contract under section -15.


When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the Court may direct specific performance of the former part.(section-16)

 

The Court shall not direct specific performance of contract under sections 18, 19 and 20 in the following cases (section-17): (i) Where the person selling the property having an imperfect title;

(ii) Where compensation is sought in substitution of contract or breach of contract;

(iii) Where specific amount is mentioned in lieu of breach of contract and the defaulter wants to pay the amount for default.

 

 

 

Purchaser's rights against vendor with imperfect title

Section-18. Where a person contracts to sell or let certain property, having only an imperfect title thereto, the purchaser or lessee (except as otherwise provide by this Chapter) has the following rights:-



(a) if the vendor or lessor has subsequently to the sale or lease acquired any interest in the property, the purchaser or lessee may compel him to make good the contract out of such interest;



(b) where the concurrence of other persons is necessary to validate the title, and they are bound to convey at the vendor's or lessor's request, the purchaser or lessee may compel him to procure such concurrence;



(c) where the vendor professes to sell unincumbered property, but the property is mortgaged for an amount not exceeding the purchase-money, and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a conveyance from the mortgagee ;



(d) where the vendor or lessor sues for specific performance of the contract, and the suit is dismissed on the ground of his imperfect title, the defendant has a right to a return of his deposit (if any) with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest of the vendor or lessor in the property agreed to be sold or let.

 

 

Power to award compensation in certain cases

 

Section-19. Any person suing for the specific performance of a contract may also ask for compensation for its breach, either in addition to, or in substitution for, such performance.



If in any such suit the Court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant and that plaintiff is entitled to compensation for that breach, it shall award him compensation accordingly.

If in any such suit the Court decides that specific performance ought to be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly.



Compensation awarded under this section may be assessed in such manner as the Court may direct.



Explanation - The circumstance that the contract has become incapable of specific performance does not preclude the Court from exercising the jurisdiction conferred by this section.

Illustrations


of the second paragraph-


A contracts to sell a hundred mounds of rice to B. B brings a suit to compel A to perform the contract or to pay compensation. The Court is of opinion that A has made a valid contract and has broken it, without excuse, to the injury of B but that specific performance is not the proper remedy. It shall award to B such compensation as it deems just.



of the third paragraph-


A contracts with B to sell him a house for taka 1,000, the price to be paid and the possession given on the 1st January, 1877. A fails to perform his part of the contract, and B brings his suit for specific performance and compensation, which is decided in his favour on the 1st January, 1878. The decree may, besides ordering specific performance, award to B compensation for any loss which he has sustained by A's refusal.

of the Explanation-


A, a purchaser, sues B, his vendor, for specific performance of a contract for the sale of a patent. Before the hearing of the suit the patent expires. The Court may award A compensation for the non-performance of the contract, and may, if necessary, amend the plaint for that purpose.



A sues for the specific performance of a resolution passed by the Directors of a public company, under which he was entitled to have a certain number of shares allotted to him, and for compensation for the non-performance of the resolution. All the shares had been allotted before the institution of the suit. The Court may, under this section, award A compensation for the non-performance.

 

 

Liquidation of damages not a bar to specific performance

 


Section-20. A contract, otherwise proper to be specifically enforced, may be thus enforced, though a sum be named in it as the amount to be paid in case of its breach, and the party in default is willing to pay the same.


Illustration



A contracts to grant B an under-lease of property held by A under C, and that he will apply to C for a license necessary to the validity of the under lease, and that, if the license is not procured, A will pay B taka 10,000. A refuses to apply for the license and offers to pay B the taka 10,000. B is nevertheless entitled to have the contract specifically enforced it C consents to give the license.

 

 

 

 

 

Section-14. Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed bears only a small proportion to the whole in value, and admits of compensation in money, the Court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed, and award compensation in money for the deficiency.

Illustrations



(a) A contracts to sell B a piece of land consisting of 100 bighas. It turns out that 98 bighas of the land belong to A, and the two remaining bighas to a stranger, who refuses to part with them. The two bighas are not necessary for the use or enjoyment of the 98 bighas, nor so important for such use of enjoyment that the loss of them may not be made good in money. A may be directed at the suit of B to convey to B the 98 bighas and to make compensation to him for not conveying the two remaining bighas; or B may be directed, at the suit of A, to pay to A, on receiving the conveyance and possession of the land, the stipulated purchase-money less a sum awarded as compensation for the deficiency.

(b) In a contract for the sale and purchase of a house and lands for two lakhs of Taka, it is agreed that part of the furniture should be taken at a valuation. The court may direct specific performance of the contract notwithstanding the parties are unable to agree as to the valuation of the furniture, and may either have the furniture valued in the suit and include it in the decree for specific performance, or may confine its decree to the house.

Section-15. Where a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed forms a considerable portion of the whole, or does not admit compensation in money, he is not entitled to obtain a decree for specific performance. But the Court may, at the suit of the other party, direct the party in default to perform specifically so much of his part of the contract as he can perform, provided that the plaintiff relinquishes all claim to further performance, and all right to compensation either for the deficiency, or for the loss or damage sustained by him through the default of the defendant.

Illustrations



(a) A contacts to sell to B a piece of land consisting of 100 bighas. It turns out that 50 bighas of the land belong to A, and the other 50 bighas to a stranger, who refuses to part with them. A cannot obtain a decree against B for the specific performance of the contract; but if B is willing to pay the price agreed upon, and to take the 50 bighas which belong to A, waiving all right to compensation either for the deficiency or for loss sustained by him through A's neglect or default, B is entitled to a decree directing A to convey those 50 bighas to him on payment of the purchase-money.


(b) A contracts to sell to B an estate with a house and garden for a lakh of taka. The garden is important for the enjoyment of the house. It turns out that A is unable to convey the garden. A cannot obtain a decree against B for the specific performance of the contract, but if B is willing to pay the price agreed upon, and to take the estate and house without the garden, waiving all right to compensation either for the deficiency or for loss sustained by him through A's neglect or default, B is entitled to a decree directing A to convey the house to him on payment of the purchase-money.

 

 

 

Q.22. Which contract are not specifically enforceable under section 21 of the S R Act?

Answer:

 

Section-21. The following contracts cannot be specifically enforced:–


(a) a contract for the non-performance of which compensation in money is an adequate relief;


(b) a contract which runs into such minute or numerous details, or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such, that the Court cannot enforce specific performance of its material terms;


(c) a contract the terms of which the Court cannot find with reasonable certainty;


(d) a contract which is in its nature revocable;


(e) a contract made by trustees either in excess of their powers or in breach of their trust;


(f) a contract made by or on behalf of a corporation or public company created for special purposes, or by the promoters of such company, which is in excess of its powers;



(g) a contract the performance of which involves the performance of a continuous duty extending over a longer period than three years from its date;



(h) a contract of which a material part of the subject- matter, supposed by both parties to exist, has, before it has been made, ceased to exist.


And, save as provided by the Arbitration Act, 1940, no contract to refer present or future differences to arbitration shall be specifically enforced; but if any person who has made such a contract other than an arbitration agreement to which the provisions of the said Act apply and has refused to perform it sues in respect of any subject which he has contracted to refer, the existence of such contract shall bar the suit.

Illustrations



to (a)-


A contracts to sell, and B contracts to buy, a lakh of taka in the four per cent loan of the 1[ * * *] Government.

A contracts to sell, and B contracts to buy, 40 chests of indigo at taka 1,000 per chest:

In consideration of certain property having been transferred by A to B, B contracts to open a credit in A's favour to extent of taka 10,000, and to honour A's drafts to that amount:



The above contracts cannot be specifically enforced, for in the first and Second both A and B, and in the third A, would be reimbursed by compensation in money.



to (b)-



A contracts to render personal service to B:



A contracts to employ B on personal service:



A, an author, contracts with B, a publisher, to complete a literary work:



B cannot enforce specific performance of these contracts.


A contracts to buy B's business at the amount of a valuation to be made by two valuers, one to be named by A and the other by B. A and B each name a valuer, but before the valuation is made, A instructs his valuer not to proceed:

By a charter-party entered into in Chittagong between A, the owner of a ship, and B, the charterer, it is agreed that the ship shall proceed to Karachi and there load a cargo of rice, and thence proceed to London, freight to be paid, one-third on arrival at Karachi, and two-thirds on delivery of the cargo in London:



A lets land to B and B contracts to cultivate it in a particular manner for three years next after the date of the lease:



A and B contract that, in consideration of annual advances to be made by A, B will for three years next after date of the contract grow particular crops on the land in his possession and deliver them to A when cut and ready for delivery:


A contracts with B that, in consideration of taka 1,000 to be paid to him by B, he will paint a picture for B:

A contracts with B to execute certain works which the Court cannot superintend:

A contracts to supply B with all the goods of certain class which B may require:


A contracts with B to take from B a lease of a certain house for a specified term, at a specified rent, "if the drawing-room is hand somely decorated", even if it is held to have so much certainty that compensation can be recovered for its breach:



A contracts to marry B:



The above contracts cannot be specifically enforced.



to (c)-


A, the owner of a refreshment-room, contracts, with B to give him accommodation there for the sale of his goods and to furnish him with the necessary appliances. A refuses to perform his contract. The case is one for compensation and not for specific performance, the amount and nature of the accommodation and appliances being undefined.



to (d)-


A and B contract to become partners in a certain business, the contract not specifying the duration of the proposed partnership. This contract cannot be specifically performed, for, if it were so performed, either A or B might at once dissolve the partnership.


to (e)-





A is a trustee of land with power to lease it for seven years. He enters into a contract with B to grant a lease of the land for seven years, with a covenant to renew the lease at the expiry of the term. This contract cannot be specifically enforced.


The Directors of a company have power to sell the concern with the sanction of a general meeting of the shareholders. They contract to sell it without any such sanction. This contract cannot be specifically enforced.



Two trustees, A and B, empowered to sell trust-property worth a lakh of taka contract to sell it to C for taka 30,000. The contract is so disadvantageous as to be a breach of trust. C cannot enforce its specific performance.



The promoters of a company for working mines contract that the company, when formed, shall purchase certain mineral property. They take no proper precautions to ascertain the value of such property- and in fact agree to pay an extravagant price therefore. They also stipulate that the vendors shall give them a bonus out of the purchase-money. This contract cannot be specifically enforced.



to (f)-


A company existing for the sole purpose of making and working a railway contract for the purchase of a piece of land for the purpose of erecting a cotton-mill thereon. This contract cannot be specifically enforced.

to (g)-


A contracts to let for twenty-one years to B the right to use such part of certain railway made by A as was upon B's land, and that B should have a right of running carriages over the whole line on certain terms, and might require A to supply the necessary engine-power, and that A should during the term keep the whole railway in good repair. Specific performance of this contract must be refuse to B.



to (h)-


A contracts to pay an annuity to B for the lives of C and D. It turns out that, at the date of the contract, C, though supposed by A and B to be alive, was dead. The contract cannot be specifically performed.

 

Q.23. Whether unregistered contract for sale of immovable property is specifically enforceable?

 

Answer: No.

Section-21A. Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, no contract for sale of any immovable property can be specifically enforced unless–



(a) the contract is in writing and registered under the Registration Act, 1908, whether or not the transferee has taken possession of the property or any part thereof; and



(b) the balance amount of consideration of the contract is deposited in the court at the time of filing the suit for specific performance of the contract.

 

Q.24. When the Court shall not exercise discretion power for specific performance of a contract?

 

Answer: The Court shall not exercise discretion power under the following circumstances:

  1. Where the circumstances under which the contract is made are such as to give the plaintiff an unfair advantage over the defendant, though there may be no fraud or misrepresen-tation on the plaintiff's part.
    II. Where the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff.

III. Where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance.

Section-22. The jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal.

The following are cases in which the Court may properly exercise a discretion not to decree specific performance:-

I. Where the circumstances under which the contract is made are such as to give the plaintiff an unfair advantage over the defendant, though there may be no fraud or misrepresen-tation on the plaintiff's part.

Illustrations


(a) A, a tenant for life of certain property, assigns his interest therein to B. C contracts to buy, and B contracts to sell, that interest. Before the contract is completed, A receives a mortal injury from the effects of which he dies the day after the contract is executed. If B and C were equally ignorant or equally aware of the fact, B is entitled to specific performance of the contract. If B knew the fact, and C did not, specific performance of the contract should be refused to B.


(b) A contracts to sell to B the interest of C in certain stock-in-trade. It is stipulated that the sale shall stand good, even though it should turn out that C's is interest is worth nothing. In fact, the value of C's interest depends on the result of certain partnership-accounts, on which he is heavily in debt to his partners. This indebted is known to A, but not to B. Specific performance of the contract should be refused to A.



(c) A contracts to sell, and B contracts to buy, certain land. To protect the land from floods, it is necessary for its owner to maintain an expensive embankment. B does not know of this circumstance, and A conceals it from him. Specific performance of the contract should be refused to A.



(d) A's property is put up to auction. B requests C, A's attorney, to bid for him. C does this inadvertently and in good faith. The persons present, seeing the vendor's attorney bidding, think that he is a mere puffer and cease to compete. The lot is knocked down to B at a low price. Specific performance of the contract should be refused to B.

  1. Where the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff.

    Illustrations


(e) A is entitled to some land under his father's will on condition that if he sells it within twenty-five years, half the purchase-money shall go to B. A, forgetting the condition, contracts, before the expiration of the twenty-five years, to sell the land to C. Here the enforcement of the contract would operate so harshly on A, that the Court will not compel its specific performance in favour of C.



(f) A and B, trustees, join their beneficiary, C, in a contract to sell the trust-estate to D, and personally agree to exonerate the estate from heavy encumbrances to which it is subject. The purchase-money is not nearly enough to discharge those encumbrances, though, at the date of the contract, the vendors believed it to be sufficient. Specific performance of the contract should be refused to D.


(g) A, the owner of an estate, contracts to sell it to B, and stipulates that he, A, shall not be obliged to define its boundary. The estate really comprises a valuable property, not known to either to be part of it. Specific performance of the contract should be refused to B unless he waives his claim to the unknown property.



(h) A contracts with B to sell him certain land, and to make a road to it from a certain railway-station. It is found afterwards that A cannot make the road without exposing himself to litigation. Specific performance of the part of the contract relating to the road should be refused to B, even though it may be held that he is entitled to specific performance of the rest with compensation for loss of the road.

(i) A, a lessee of mines, contracts with B, his lessor, that at any time during the continuance of the lease B may give notice of his desire to take the machinery and plant used in and about the mines, and that he shall have the articles specified in his notice delivered to him at a valuation on the expiry of the lease. Such a contract might be most injurious to the leasee's business, and specific performance of it should be refused to B.



(j) A contracts to buy certain land from B. The contract is silent as to access to the land. No right of way to it can be shown to exist. Specific performance of the contract should be refused to B.


(k) A contracts with B to buy from B's manufactory and not elsewhere all the goods of a certain class used by A in his trade. The Court cannot compel B to supply the goods, but if he does not supply them, A may be ruined, unless he is allowed to buy them elsewhere. Specific performance of the contract should be refused to B. 


The following is a case in which the Court may properly exercise a discretion to decree specific performance: –



III. Where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance.



Illustration

A sells land to a railway-company, who contract to execute certain works for his convenience. The company takes the land and used it for their railway. Specific performance of the contract to execute the works should be decreed in favour of A.

 

 

Q.25. Who may obtain specific performance under the SR Act?

 

Answer:

  1. Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by-

    (a) any party thereto;



(b) the representative in interest, or the principal, of any party thereto: provided that, where the learning, skill, solvency or any personal quality of such party is a material ingredient in the contract, or where the contract provides that his interest shall not be assigned, his representative in interest or his principal shall not be entitled to specific performance of the contract, unless where his part thereof has already been performed;

(c) where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder;


(d) where the contract has been entered into by a tenant for life in due exercise of a power, the remainderman;



(e) a reversioner in possession, where the agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant;


(f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit thereof and will sustain material injury by reason of its breach;


(g) when a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company which arises out of the amalgamation;


(h) when the promoters of a public company have, before its incorporation, entered into a contract for the purposes of the company, and such contract is warranted by the terms of the incorporation, the company.

 

 

Q.26. When specific performance cannot be enforced in favour of a person?

 

Answer:

Section-24. Specific performance of a contract cannot be enforced in favour of a person-



(a) who could not recover compensation for its breach;

(b) who has become incapable of performing, or violates, any essential term of the contract that on his part remains to be performed;


(c) who has already chosen his remedy and obtained satisfaction for the alleged breach of contract; or 



(d) who, previously to the contract, had notice that a settlement of the subject-matter thereof (though not founded on any valuable consideration) had been made and was then in force.

 

Illustrations



to clause (a)-


A, in the character of agent for B, enters into an agreement with C to buy C's house. A is in reality acting, not as agent for B, but on his own account. A cannot enforce specific performance of this contract.



to clause (b)-


A contracts to sell B a house and to become tenant thereof for a term of fourteen years from the date of the sale at a specified yearly rent. A becomes insolvent. Neither he nor his assignee can enforce specific performance of the contract.


A contracts to sell B a house and garden in which there are ornamental trees, a material element in the value of the property as a residence. A, without B's consent fells the trees. A cannot enforce specific performance of the contract.


A, holding land under a contract with B for a lease, commits waste, or treats the land in an unhusbandlike manner. A cannot enforce specific performance of the contract.


A contracts to let, and B contracts to take, an unfinished house, B contracting to finish the house and the lease to contain covenants on the part of A to keep the house in repair. B finishes the house in a very defective manner: he cannot enforce the contract specifically, though A and B may sue each other for compensation for breach of it.


to clause (c)-


A contracts to let, and B contracts to take, a house for specified term at a specified rent. B refuses to perform the contract. A thereupon sues for, and obtains, compensation for the breach. A cannot obtain specific performance of the contact.

 

 

Q.27. Can a contract be specifically enforced in favour of a person i.e. vendor or lessor who has no title to the property.

Answer: No.

Section-25. A contracts for the sale or letting of property, whether moveable or immoveable, cannot be specifically enforced in favour of a vendor or lessor-

(a) who, knowing himself not to have any title to the property, has contracted to sell or let the same;

(b) who, though he entered into the contract believing that he had a good title to the property, cannot, at the time fixed by the parties or by the Court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt;



(c) who, previous to entering into the contract, has made a settlement (though not founded on any valuable consideration) of the subject-matter of the contract.

 

Illustrations



(a) A, without C's authority, contracts to sell to B an estate which A knows to belong to C. A cannot enforce specific performance of this contract, even though C is willing to confirm it.



(b) A bequeaths his land to trustees, declaring that they may sell it with the consent in writing of B. B gives a general prospective assent in writing to any sale which the trustees may make. The trustees then enter into a contract with C to sell him the land. C refuses to carry out the contract. The trustees cannot specifically enforce this contract, as, in the absence of B's consent to the particular sale to C, the title which they can give C is, as the law stands not free from reasonable doubt.



(c) A, being in possession of certain land, contracts to sell it to Z. On inquiry it turns out that A claims the land as heir of B, who left the country several years before, and is generally believed to be dead, but of whose death there is no sufficient proof. A cannot compel Z specifically to perform the contract.



(d) A, out of natural love and affection, makes a settlement of certain property on his brothers and their issue, and afterwards enters into a contract to sell property to a stranger. A cannot enforce specific performance of this contract so as to override the settlement, and thus prejudice the interest of the persons claiming under it.

 

 

Q.28. When plaintiff cannot obtain specific performance without variation set up by defendant?

 

Answer:

Section-26. Where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the performance sought, except with the variation so set up, in the following cases (namely):-


(a) where by fraud or mistake of fact the contract of which performance is sought is in terms different from that which the defendant supposed it to be when he entered into it;


(b) where by fraud, mistake of fact, or surprise the defendant entered into the contract under a reasonable misapprehension as to its effect as between himself and the plaintiff;



(c) where the defendant, knowing the terms of the contract and understanding its effect, has entered into it relying upon some misrepresentation by the plaintiff, or upon some stipulation on the plaintiff's part, which adds to the contract, but which he refuses to fulfil;


(d) where the object of the parties was to produce a certain legal result, which the contract as framed is not calculated to produce;


(e) where the parties have, subsequently to the execution of the contract, contracted to vary it.

Illustrations


(a) A, B and C sign a writing by which they purport to contract each to enter into a bond to D for taka 1,000. In a suit by D, to make A, B and C separately liable each to the extent of taka 1,000, they prove that the word "each" was inserted by mistake; that the intention was that should give a joint bound for taka 1,000. D can obtain the performance sought only with the variation thus set up.



(b) A sues B to compel specific performance of a contract in writing to buy a dwelling-house. B proves that he assumed that the contract included and adjoining yard, and the contract was so framed as to leave it doubtful whether the yard was so included or not. The Court will refuse to enforce the contract, except with the variation set up by B.



(c) A contracts in writing to let to B a wharf, together with a strip of A's land delineated in a map. Before signing the contract, B proposed orally that he should be at liberty to substitute for the strip mentioned in the contract another strip of A's land of the same dimensions, and to this A expressly assented. B then signed the written contract. A cannot obtain specific performance of the written contract, except with the variation set up by B.


(d) A and B enter into negotiations for the purpose of securing land for B for his life, with remainder to his issue. They execute a contract, the terms of which are found to confer an absolute ownership on B. The contract so framed cannot be specifically enforced.



(e) A contracts in writing to let a house to B, for a certain term, at the rent of taka 100 per month, putting it first into tenantable repair. The house turns out to be not worth repairing, so, with B's consent, A pulls it down and erects a new house in its place: B contracting orally to pay rent at taka 120 per mensem. B then sues to enforce specific performance of the contract in writing. He cannot enforce it except with the variations made by the subsequent oral contract.

 

 

Q.29. How specific performances of a contract may be enforced for providing Relief against parties and persons claiming under them by subsequent title?

 

Answer:

 

Section-27. Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against-


(a) either party thereto;

(b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract;

(c) any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant;



(d) when a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company which arises out of the amalgamation;



(e) when the promoters of a public company have, before its incorporation, entered into a contract, the company: provided that the company has ratified and adopted the contract and the contract is warranted by the terms of the incorporation.

 

Illustrations


to clause (b)-


A contracts to convey certain land to B by a particular day. A dies intestate before that day without having conveyed the land. B may compel A's heir or other representative in interest to perform the contract specifically.



A contracts to sell certain land to B for taka 5,000. A afterwards conveys the land for taka 6,000 to C, who has notice of the original contract. B may enforce specific performance of the contract as against C.



A contracts to sell land to B for taka 5000. B takes possession of the land. Afterwards A sells it to C for taka 6,000. C makes no inquiry of B relating to his interest in the land. B's possession is sufficient to affect C with notice of his interest, and he may enforce specific performance of the contract against C.



A contracts, in consideration of taka 1,000 to bequeath certain of his lands to B. Immediately after the contract A dies intestate, and C takes out administration to his estate. B may enforce specific performance of the contract against C.


A contracts to sell certain land to B. Before the completion of the contract, A becomes a lunatic and C is appointed his committee. B may specifically enforce the contract against C.


to clause (c)-



A, the tenant for life of an estate, with remainder to B, in due exercise of a power conferred by the settlement under which he is tenant for life, contracts to sell the estate to C, who has notice of the settlement. Before the sale is completed, A dies. C may enforce specific performance of the contract against B.

A and B are joint tenants of land, his undivided moiety of which either may alien in his life time, but which, subject to that right, devolves on the survivor. A contracts to sell his moiety to C and dies. C may enforce specific performance of the contract against B.

 

Q.30. Whether Specific performance in case of part performance of contract to lease is allowed under the S R Act?

 

 

Answer: Yes with certain conditions as mentioned in section-27A of the S R Act such as possession is delivered or received as part performance of the contract although required to be registered but not registered.

 

Q.31. When parties cannot be compelled to perform specific performance?

 

Answer:

Section-28. Specific performance of a contract cannot be enforced against a party thereto in any of the following cases:-


(a) if the consideration to be received by him is so grossly inadequate, with reference to the state of things existing at the date of the contract, as to be either by itself or coupled with other circumstances evidence of fraud or of undue advantage taken by the plaintiff;


(b) if his assent was obtained by the misrepresentation (whether wilful or innocent), concealment, circumvention or unfair practices, of any party to whom performance would become due under the contract, or by a promise of such party which has not been substantially fulfilled;



(c) if his assent was given under the influence of mistake of fact, misapprehension or surprise: Provided that, when the contract provides for compensation in case of mistake, compensation may be made for a mistake within the scope of such provision, and the contract may be specifically enforced in other respects if proper to be so enforced.

 

Illustrations


to clause (c)-


A, one of two executors, in the erroneous belief that he had the authority of his co-executor, enters into an agreement for the sale to B of his testator's property. B cannot insist on the sale being completed.



A directs an auctioneer to sell certain land. A afterwards revokes the auctioneer's authority as to 20 bighas of this land, but the auctioneer inadvertently sells the whole to B, who has not notice of the revocation. B cannot enforce specific performance of the agreement.

 

 

Q.32. When a suit for specific performance of contract is dismissed whether a further suit for compensation may be filed?

Answer: No. It is barred by law. The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff's right to sue for compensation for the breach of such contract or part, as the case may be. (section-29)

 

Q.33. Whether the provisions of Specific performance of contract under the S R Act are applicable against codicil or will?

 

Answer: Yes. (section-30).

 

Q.34. Which section of the S R Act states on rectification of instrument?

 

Answer: Section-31.

  1. When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not truly express their intention, either party, or his representative in interest, may institute a suit to have the instrument rectified; and if the Court find it clearly proved that there has been fraud or mistake in framing the instrument, and ascertain the real intention of the parties in executing the same, the Court may in its discretion rectify the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value.


    Illustrations



(a) A, intending to sell to B his house and one of three godowns adjacent to it, execute a conveyance prepared by B, in which, through B's fraud, all three godowns are included. Of the two godowns which were fraudulently included, B gives one to C and lets the other to D for a rent, neither C nor D having any knowledge of the fraud. The conveyance may, as against B and C, be rectified so as to exclude from it the godown given to C; but it cannot be rectified so as to affect D's lease.


(b) By a marriage settlement, A, the father of B, the intended wife, covenants with C, the intended husband, to pay to C, his executors, administrators and assigns, during A's life, an annuity of taka 5,000. C dies insolvent and the official assignee claims the annuity from A. The Court, on finding it clearly proved that the parties always intended that this annuity should be paid as a provision for B and her children, may rectify the settlement and decree that the assignee has no right to any part of the annuity.

 

Presumption as to intent of parties

 

For the purpose of rectifying a contract in writing, the Court must be satisfied that all the parties thereto intended to make an equitable and conscientious agreement. (section-32)

Principles of rectification

 In rectifying a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be. (section-33)

Specific enforcement of rectified contract

 A contract in writing may be first rectified and then, if the plaintiff has so prayed in his plaint and the Court thinks fit, specifically enforced.



Illustration

A contracts in writing to pay his attorney, B, a fixed sum in lieu of costs. The contract contains mistakes as to the name and rights of the client, which, if construed strictly, would exclude B from all rights under it. B is entitled, if the Court thinks, fit, to have it rectified, and to an order for payment of the sum, as if at the time of its execution it had expressed the intention of the parties. (section-34)

Q.35. When a document or instrument is rectified, shall it be applicable automatically?

 

Answer: No. The Court must further order for enforcement of the rectified instrument under section 34 of the S R Act.

 

Q.36. When rescission may be adjudged by a Court?

Answer:

 

Section-35. Any person interested in a contract in writing may sue to have it rescinded, and such rescission may be adjudged by the Court in any of the following cases, namely:-


(a) where the contract is viodable or terminable by the plaintiff;



(b) where the contract is unlawful for causes not apparent on its face, and the defendant is more to blame than the plaintiff;



(c) where a decree for specific performance of a contract of sale, or of a contract to take a lease, has been made, and the purchaser or lessee makes default in payment of the purchase-money or other sums which the Court has ordered him to pay.


When the purchaser or lessee is in possession of the subject-matter, and the Court finds that such possession is wrongful, the Court may also order him to pay to the vendor or lessor the rents and profits, if any, received by him as such possessor.


In the same case, the Court may, by order in the suit in which the decree has been made and not complied with, rescind the contract, either so far as regards the party in default, or altogether as the justice of the case may require.

 

Illustrations



to (a)-

 

A sells a field to B. There is a right of way over the field of which A has direct personal knowledge, but which he conceals from B. B is entitled to have the contract rescinded.to (b)-



A, an 1[ Advocate], induces his client B, a Hindu widow, to transfer property to him for the purpose of defrauding B's creditors. Here the parties are not equally in fault, and B is entitled to have the instrument of transfer rescinded.

 

 

 

Q.37. Distinguish between rescission and rectification of an instrument.

 

 

 

 

 

Q.38. How rescission for mistake can be adjudged?

 

Answer: Rescission of a contract in writing cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same position as if the contract had not been made. (section-36 of S R Act)

 

Q.39. Can an Alternative prayer for rescission in suit for specific performance be made?

 

Answer: yes. The Court may order for rescission and cancellation of a contract if it is impossible to specific performance of a contract.

 

A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the Court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly. (section-37)

 

 

Q.40. When Court may require party rescinding to do equity to other?

 

Answer: On adjudging the rescission of a contract, the Court may require the party to whom such relief is granted to make any compensation to the other which justice may require. (section-38)

 

 

Q.41. Which section states full cancellation and which section states partial cancellation of an instrument or document?

 

Answer: Section 39 discusses full cancellation and section 40 partial cancellation of a document.

 

Q.42. When an order for cancellation of a document may be made?

Answer: Section-39 states that

Any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or viodable; and the Court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.

If the instrument has been registered under the 1[ Registration Act, 1908], the Court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.

Illustrations


(a) A, the owner of a ship by fraudulently representing her to be seaworthy, induces B, an underwriter, to insure her. B may obtain the cancellation of the policy.


(b) A conveys land to B, who bequeaths it to C and dies. Thereupon D gets possession of the land and produces a forged instrument stating that the conveyance was made to B in trust for him. C may obtain the cancellation of the forged instrument.


(c) A, representing that the tenants on his land were all at will, sells it to B, and conveys it to him by an instrument, dated the 1st January, 1877. Soon after that day, A fraudulently grants to C a lease of part of the lands, dated the 1st October, 1876, and procures the lease to be registered under the Indian Registration Act. B may obtain the cancellation of this lease.

(d) A agrees to sell and deliver a ship to B, to be paid for by B's acceptances of four bills of exchange, for sums amounting to taka 30,000, to be drawn by A on B. The bills are drawn and accepted, but the ship is not delivered according to the agreement. A sues B on one of the bills. B may obtain the cancellation of all the bills.

 

Partially cancellation of an instrument

 

Section-40. Where an instrument is evidence of different rights or different obligations, the Court may, in a proper case, cancel it in part and allow it to stand for the residue.


Illustration

A draws a bill on B, who endorses it to C, by whom it appears to be endorsed to D, who endorses it to E. C's endorsement is forged. C is entitled to have such endorsement cancelled, leaving the bill to stand in other respects.

 

 

Power to require party for whom instrument is cancelled to make compensation

 

On adjudging the cancellation of an instrument, the Court may require the party to whom such relief is granted to make any compensation to the other which justice may require. (section-41)

 

Q.43. Which section of the S R Act states on declaration suit and on what grounds a declaration may be made?

 

Answer: section-42. A declaration suit may be filed for claiming any right to property or when right to any legal character is infringed against any person who denies such legal character or right. Mere declaration without consequential relief can not ensure right. The plaintiff shall pay an amount of taka 300 for every declaration as fixed court fees. When consequential relief shall be claimed, the party shall pay advalorem court fees.

 

Section-42. Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:


Provided that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.


Explanation - A trustee of property is a "person interested to deny" a title adverse to the title of some one who is not in existence, and for whom, if in existence, he would be a trustee.

 

Illustrations


(a) A is lawfully in possession of certain land. The inhabitants of a neighboring village claim a right of way across the land. A may sue for a declaration that they are not entitled to the right so claimed.

(b) A bequeaths his property to B, C and D, “to be equally divided amongst all and each of them, if living at the time of my death, then amongst their surviving children". No such children are in existence. In a suit against A's executor, the Court may declare whether B, C and D took the property absolutely, or only for their lives, and it may also declare the interests of the children before their rights are vested.
(c) A covenants that, if he should at any time be entitled to property exceeding one lakh of taka, he will settle it upon certain trusts. Before any such property accrues, or any persons entitled under the trusts are ascertained, he institutes a suit to obtain a declaration that the covenant is void for uncertainty. The Court may make the declaration.


(c) A covenants that, if he should at any time be entitled to property exceeding one lakh of taka, he will settle it upon certain trusts. Before any such property accrues, or any persons entitled under the trusts are ascertained, he institutes a suit to obtain a declaration that the covenant is void for uncertainty. The Court may make the declaration.


(d) A alienates to B property in which A has merely a life interest. The alienation is invalid as against C, who is entitled as reversioner. The Court may in a suit by C against A and B declare that C is so entitled.

(e) The widow of a sonless Hindu alienates part of the property of which she is in possession as such. The person presumptively entitled to possess the property if he survive her may, in a suit against the alliance, obtain a declaration that the alienation was made without legal necessity and was therefore void beyond the widow's lifetime.


(f) A Hindu widow in possession of property adopts a son to her deceased husband. The person presumptively entitled to possession of the property on her death without a son may, in a suit against the adopted son, obtain a declaration that the adoption was invalid.


(g) A is in possession of certain property. B, alleging that he is the owner of the property, requires A to deliver it to him. A may obtain a declaration of his right to hold the property.

(h) A bequeaths property to B for his life, with remainder to B's wife and her children, if any, by B, but if B die without any wife or children, to C. B has a putative wife, D, and children, but C denies that B and D were ever lawfully married. D and her children, may, in B's lifetime, institute a suit against C and obtain therein a declaration that they are truly the wife and children of B.

 

 

Q.44. What do you mean by effect of declaration or who shall be bound by an order of declaration?

 

Answer:

Section- 43. A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees.

Illustration

A, a Hindu, in a suit to which B, his alleged wife, and her mother, are defendants, seeks a declaration that his marriage was duly solemnized and an order for the restitution of his conjugal rights. The Court makes the declaration and order. C, claiming that B is his wife, then sues A for the recovery of B. The declaration made in the former suit is not binding upon C.

 

 

Q.45. Which section of the SR Act states on ‘receiver’?

 

Answer: Section-44 of S R Act. However appointment of receiver and his functions shall be regulated by the CPC as discussed in order XL / order 40.

 

Q.46. How preventive relief may be granted?

 

Answer: Section-6 of the S R Act states on preventive relief that may be granted as mentioned in section 52 of the Act as follows:

Preventive relief is granted at the discretion of the Court by injunction, temporary or perpetual. (section-52)

 

Q.47. What are the various types of injunction?

 

Answer: Injunction means to do or refrain from doing anything. There are basically three types of injunctions such as-

  • Temporary injunction; (section-53, S R Act)
  • Permanent or perpetual injunction(section-54, S R Act)
  • Mandatory injunction(section-55, S R Act)

The other forms of injunction is called ad-interim injunction.

 

Q.48. Define the term temporary and perpetual injunction.

 

Answer: Temporary injunctions are such as are to continue until a specified time, or until the further order of the Court. They may be granted at any period of a suit, and are regulated by the Code of Civil Procedure.

A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit: the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff. (section-53)

 

 

Q.49. When may a Court grant permanent or perpetual injunction?

 

Answer:

 

Section-54. Subject to the other provisions contained in, or referred to by, this Chapter, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly or by implication.


When such obligation arises from contract, the Court shall be guided by the rules and provisions contained in Chapter II of this Act.


When the defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property, the Court may grant a perpetual injunction in the following cases (namely):-


(a) where the defendant is trustee of the property for the plaintiff;


(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;

(c) where the invasion is such that pecuniary compensation would not afford adequate relief;

(d) where it is probable that pecuniary compensation cannot be got for the invasion;



(e) where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Explanation - For the purpose of this section a trademark is property.

Illustrations



(a) A lets certain lands to B and B contracts not to dig sand or gravel thereout. A may sue for an injunction to restrain B from digging in violation of his contract.


(b) A trustee threatens a breach of trust. His co-trustees, if any, should, and the beneficial owners may, sue for an injunction to prevent the breach.


(c) The directors of a public company are about to pay a dividend out of capital or borrowed money. Any of the shareholders may sue for an injunction to restrain them.


(d) The directors of a fire and life-insurance company are about to engage in marine insurances. Any of the shareholders may sue for an injunction to restrain them.



(e) A, an executor, through misconduct or insolvency, is bringing the property of the deceased into danger. The Court may grant an injunction to restrain him from getting in the assets.



(f) A, a trustee for B, is about to make an imprudent sale of a small part of the trust-property. B may sue for an injunction to restrain the sale, even though compensation in money would have afforded him adequate relief.


(g) A makes a settlement (not founded on marriage or other valuable consideration) of an estate on B and his children. A then contracts to sell the estate to C. B or any of his children may sue for an injunction to restrain the Sale.


(h) In the course of A's employment as a vakil, certain papers belonging to his client, B, come into his possession. A threatens to make these papers public, or to communicate their contents to a stranger. B may sue for an injunction to restrain A from so doing.


(i) A is B's medical adviser. He demands money of B which B declines to pay. A then threatens to make known the effect of B's communications to him as a patient. This is contrary to A's duty, and B may sue for an injunction to restrain him from so doing.


(j) A, the owner of two adjoining houses, lets, one to B and after-wards lets the other to C. A and C begin to make such alterations in the house let to C as will prevent the comfortable enjoyment of the house let to B. B may sue for an injunction to restrain them from so doing.


(k) A lets certain arable lands to B for purposes of husbandry, but without any express contracts as to the mode of cultivation. Contrary to the mode of cultivation customary in the district, B threatens to sow the lands with seed injurious thereto and requiring many years to eradicate. A may sue or an injunction to restrain B from sowing the lands in contravention of his implied contract to use them in a husband like manner.
(l) A, B and C are partners, the partnership being determinable at will. A threatens to do an act tending to the destruction of the partnership-property. B and C may, without seeking a dissolution of the partnership, sue for an injunction to restrain A from doing the act.


(m) A, a Hindu widow in possession of her deceased husband's property, commits destruction of the property without any cause sufficient to justify her in so doing. The heir-expectant may sue for an injunction to restrain her.



(n) A, B and C are members of an undivided Hindu family. A cuts timber growing on the family-property, and threatens to destroy part of the family-house and to sell some of the family-utensils. B and C may sue for an injunction to restrain him.


(o) A, the owner of certain houses in Chittagong, becomes insolvent B buys them from the Official Assignee and enters into possession. A persists in trespassing on and damaging the houses, and B is thereby compelled, at considerable expense, to employ men to protect the possession. B may sue for an injunction to restrain further acts of trespass.


(p) The inhabitants of a village claim a right of way over A's land. In a suit against several of them, A obtains a declaratory decree that his land is subject to no such right. Afterwards each of the other villagers sues A for obstructing his alleged right of way over land. A may sue for an injunction to restrain them.

(q) A, in an administration-suit to which a creditor, B, is not a party, obtains a decree for the administration of C's assets. B proceeds against C's estate for his debt. A may sue for an injunction to restrain B.


(r) A and B are in possession of contiguous lands and of the mines underneath them. A works his mine so as to extend under B's mines and threatens to remove certain pillars which help to support B's mine. B may sue for and injunction to restrain him from so doing.


(s) A rings bells or makes some other unnecessary noise so near a house as to interfere materially and unreasonably with the physical comfort of the occupier, B. B may sue for an injunction restraining A from making the noise.


(t) A pollutes the air with smoke so as to interfere materially with the physical comfort of B and C, who carry on business in a neighbouring house. B and C may sue for an injunction to restrain the pollution.

(u) A infringes B's patent. If the Court is satisfied that the patent is valid and has been infringed, B may obtain an injunction to restrain the infringement.



(v) A pirates B's copyright. B may obtain an injunction to restrain the piracy, unless the work of which copyright is claimed is lebellous or obscene.


(w) A improperly uses the trademark of B. B may obtain an injunction to restrain the user, provided that B's use of the trademark is honest.


(x) A, a trades man, holds out B as his partner against the wish and without the authority of B. B may sue for an injunction to restrain A from so doing.



(y) A, a very eminent man, writes letters on family-topics to B. After the death of A and B, C, who is B's residuary legatee, proposes to make money by publishing A's letters. D, who is A's executor, has a property, in the letters, and may, sue for an injunction to restrain C from publishing them.



(z) A carries on a manufactory and B is his assistant. In the course of his business, A imparts to B a secret process of value. B afterwards demands money of A, threatening, in case of refusal, to disclose the process to C, a rival manufacturer. A may sue for an injunction to restrain B from disclosing the process.

 

 

Q.50. Define the term mandatory injunction with examples.

 

Answer:

 

Section-55. When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the Court is capable of enforcing, the Court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

Illustrations


(a) A, by new buildings, obstructs lights to the access and use of which B has acquired a right under the 1[ Limitation Act, 1908] Part IV. B may obtain an injunction, not only to restrain A from going on with the buildings, but also to pull down so much of them as obstructs B's lights.


(b) A builds a house with eaves projecting over B's land. B may sue for an injunction to pull down so much of the eaves as so project.


(c) In the case put as illustration (i) to section 54, the Court may also order all written communications made by B, as patient, to A, as medical adviser, to be destroyed. 


(d) In the case put as illustration (y) to section 54, the Court may also order A's letters to be destroyed.

(e) A threaten to publish statement concerning B which would be punishable under Chapter XXI of the 2[ Penal Code]. The Court may grant an injunction to restrain the publication, even though it may be shown not to be injurious to B's property.


(f) A, being B's medical adviser, threatens to publish B's written communications with him, showing that B has led an immoral life. B may obtain an injunction to restrain the publication.

(g) In the cases put as illustrations (v) and (w) to section 54 and in illustrations (e) and (f) to this section, the Court may also order the copies produced by piracy, and the trade-marks, statements and communications, therein respectively mentioned, to be given up or destroyed.

 

 

 

 

 

 

 

 

Q.51. When may a Court refused to grant an injunction?

 

Answer:

Section-56. An injunction cannot be granted- 




(a) to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;


(b) to stay proceedings in a Court not subordinate to that from which the injunction is sought;


(c) to restraint persons from applying to any legislative body;


(d) to interfere with the public duties of any department of the Government, or with the sovereign acts of Foreign Government;


(e) to stay proceedings in any criminal matter;


(f) to prevent the breach of a contract the performance of which would not be specifically enforced;


(g) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;

(h) to prevent a continuing breach in which the applicant has acquiesced;


(i) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;


(j) when the conduct of the applicant on his agents has been such as to disentitle him to the assistance of the Court;


(k) where the applicant has no personal interest in the matter.

 

Illustrations


(a) A seeks an injunction to restrain his partner, B, from receiving the partner-ship-debts and effects. It appears that A had improperly possessed himself of the books of the firm and refused B access to them. The Court will refuse the injunction.


(b) A manufactures and sells crucibles, designating them as "patent plumbago crucibles", though, in fact, they have never been patented. B pirates the designation. A cannot obtain an injunction to restrain the piracy.

(c) A sells an article called "Mexican Balm," stating that it is compounded of divers rare essences, and has sovereign medicinal qualities. B commences to sell a similar article to which he gives a name and description such as to lead people into the belief that they are 
buying A's Mexican Balm. A sues B for an injunction to restrain the sale. B shows that A's Mexican Balm consists of nothing but scented hog's lard. A's use of his description is not an honest one and he cannot obtain an injunction.

 

Q.52. When injunction may be given to perform negative agreement i.e. order not to act but to refrain from similar act?

 

Answer:

 

Section-57. Notwithstanding section 56, clause (f), where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the Court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement: provided that the applicant has not failed to perform the contract so far as it is binding on him.

 

Illustrations


(a) A contracts to sell to B for taka 1,000 the good-will of a certain business unconnected with business-premises, and further agrees not to carry on that business in Chittagong. B pays A the taka 1,000 but A carries on the business in Chittagong. The Court cannot compel A to send his customers to B, but B may obtain an injunction restraining A from carrying on the business in Chittagong. 


(b) A contracts to sell to B the good-will of a business. A then sets up similar business close by B's shop and solicits his old-customers to deal with him. This is contrary to his implied contract, and B may obtain an injunction to restrain A from soliciting the customers, and from doing any act whereby their good-will may be withdrawn from B.


(c) A contracts with B to sing for twelve months as B's theatre and not to sing in public elsewhere, B cannot obtain specific performance of the contract to sing, but he is entitled to an injunction restraining A from singing at any other place of public entertainment.


(d) B contracts with A that he will serve him faithfully for twelve months as a clerk. A is not entitled to a decree for specific performance of the contract. But he is entitled to an injunction restraining B from serving a rival house as clerk.


(e) A contracts with B that, in consideration of taka 1,000 to be paid to him by B on a day fixed, he will not set up a certain business within a specified distance. B fails to pay the money. A cannot be restrained from carrying on the business within the specified distance.

 

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  1. The Bangladesh Bar Council Order, 1972 & Canons of Professional Conduct and etiquette

Glossary

Professional Ethics, Bar Council Order & Rules, Legal Decisions and Reports

  1. Which law regulates Bangladesh Legal Practitioners and Bar Council? Answer: Bangladesh Legal Practitioners and Bar Council Order, 1972. This Order empowers to frame rules on various matters for effective implementation of this order.

 

  1. When the Bangladesh legal Practitioners and Bar Council Order was promulgated? Answer: 1972.

 

  1. What is the serial no. of Bangladesh Legal Practitioners and Bar Council Order? Answer: P.O. number 46 of 1972.

 

  1. When the Bangladesh Legal Practitioners and Bar Council Order came into force? Answer: 18th May 1972.

 

  1. Under what authority the Bangladesh Legal Practitioners and Bar Council order was promulgated? Answer: The president was authorized by the proclamation of Independence Order (10th April 1972). Before the enactment of the constitution, the President promulgated many orders for effective functioning of the state including this one.

 

  1. Who is an Advocate? Answer: “advocate” means an advocate entered in the roll under the provisions of Bangladesh Legal Practitioners and Bar Council Order, 1972 (Article 2(a)).

 

  1. What is bar Council? Answer: “Bar Council” means the Bangladesh Bar Council constituted under this Order. (Article-2(b)).

 

  1. What is called Bar Association? Answer: “Bar Association” means Supreme Court Bar Association or a Local Bar Association; (Article-2(bb)). “Local Bar Association” means any Bar Association in a District or any other Bar Association recognised under Article 39 but does not include the Supreme Court Bar Association; (Article-2 (f)).

 

  1. What is Tribunal under this Order? Answer: “Tribunal” means a Tribunal constituted under this Order. (Article-2 (i)). Article-33(1) states on Bar Council Tribunal.

 

  1. What is roll under this Order mean? Answer: The word “roll” means the roll of advocates prepared and maintained by the Bar Council;(Article-2(h)).

 

  1. Who are commonly understood by the term ‘Bar” and “Bench”? Answer: Bar means The lawyers or Advocates and Bench means The Judges.

 

  1. Can a case or suit be filed against Bangladesh bar Council? Answer: Yes, Article-3(2).

 

  1. What is the tenure or terms of the members of Bangladesh Bar Council? Answer: 3 years (Artricle-4).

 

  1. How many members shall constitute the Bangladesh bar Council? Answer: 15 members -Article-5(1).

 

  1. Who is the non-elected or ex-officio member of Bangladesh Bar Council? Answer: The Attorney-General. (Article-5 (1) (a).

 

  1. For election purpose, Bar Associations of Bangladesh shall be divided into- 7 groups through gazette notification. (Article-5(2)).

 

  1. How many members of Bar Council shall be elected directly by the advocates on the roll from amongst their members and How many of them from Local bar Associations group? Answer: 7 & 7.

 

  1. Can a person hold office of member of the Bar Council for more than two consecutive terms? Answer: No. (Article-5A).

 

  1. What will be the number of Chairman and Vice-Chairman in the bar Council? Answer: 1 & 1.

 

  1. Who will be the Chairman of Bar Council? Answer: Attorney General. (Article-6)

 

  1. Who will be the Vice-Chairman of Bar Council? Answer: the Vice-Chairman shall be elected in the prescribed manner by the members of the Council from amongst themselves. (Article-6(3)).

 

  1. Who will be the secretary of Bangladesh Bar Council? Answer: The Government shall appoint Secretary amongst the District Judge or Additional District Judge. (Article-6A).

 

  1. When the terms of bar Council expire and election to be held? Answer: After three years and beforethirty first day of May in that year. (Article-8)

 

  1. When a notice of Bar Council election shall be published? Answer: 30 days before the date of election in the official gazette. (Article-9)

 

  1. Which section states the functions of Bangladesh Bar Council? Answer: Section-10 of Bar Council Order, 1972.

 

  1. How many committees are there in the Bar Council Order? Answer: 4 committees.

 

  1. What are the names of four committees under the Bar Council? Answer: Section-11 states on (i) the Executive Committee, (ii) the Finance committee, (iii) the legal education committee and section-11B on (iv) the enrolment committee.

 

  1. Which section sates about the formation of enrolment committee? Answer: Section-11B of the Bar Council Order.

 

  1. How many members shall constitute the Executive Committee? Answer: 5(five).

 

  1. How many members shall constitute the Finance committee? Answer: 5 (five).

 

  1. How many members shall constitute the legal education committee? Answer: 9(nine).

 

  1. How many members shall constitute the enrolment committee? Answer: 5.

 

  1. Who will be the member of enrolment committee? Answer: (a) a Chairman to be nominated by the Chief Justice from amongst the Judges of the Appellate Division;

    (b) two members to be nominated by the Chief Justice from amongst the Judges of the High Court Division;

    (c) Attorney -General for Bangladesh;

    (d) one member elected by the Bar Council from amongst its members.

 

  1. How the legal education committee shall be formed or constituted? Answer: A legal education committee consisting of nine members-five elected by the Council from amongst its members and four co-opted by the Council from persons other than the members of the Council at least two of whom shall be teachers of law in any university or college in Bangladesh.

 

  1. Does the Bar Council authorized to form any other committees, if necessary? Answer: yes.

 

  1. What may be other committees of Bar Council? Answer: According to the following Rules of the Bangladesh Legal Practitioners and Bar Council Order, 1972, following committees may be formed: Rule-75A. The Bar Council, in order to ensure effective performance of its existing work and responsibilities, may constitute the following Committees, namely: -

(i) a Law Reform Committee consisting of not more than 5 members elected by the Council ;

(ii) a Human Rights & Legal Aid Committee consisting of not more than 5 members elected by the Council ;

(iii) a House Committee consisting of not more than 5 members elected by the Council ;

(iv) a Relief Committee consisting of not more than 5 members elected by the Council ;

(v) a Roll and Publication Committee consisting of not more than 5 members elected by the Council ;

(vi) a Complaint and Vigilance Committee consisting of not more than 5 members elected by the Council ;

 

  1. When the acts of Bar Council cannot be asked or called in question? Answer: No act done by the Bar Council or any Tribunal or committee thereof shall be called in questions on the ground merely of the existence of any vacancy in, or any defect in the constitution of, such Council, Tribunal or committee. (Article-17).

 

  1. Can ‘good faith’ be used as a defence By Bar Council? Answer: Yes. (Article-18).

 

  1. Can a person practice law profession without enrolment? Answer: No person shall be entitled to practise the profession of law unless he is an advocate. (Article 19(1)).

 

  1. Can an advocate practice all over Bangladesh or to a specific bar association? Answer: An advocate shall be entitled as of right to practise throughout Bangladesh, and to appear, act and plead before any court, tribunal or revenue authority in Bangladesh. (Article-19(2).

 

  1. If a person enrolled as a lawyer, can he practice to the High Court Division? Answer: No. He needs further permission after attending in the written and viva test. (Article-21)

 

  1. Can a retired Judge of the Sub-Ordinate Court practice to the Court as an advocate? Answer: yes. He needs to attend in a viva voce before enrolment as a lawyer.

 

  1. Can a retired Judge of the Supreme Court practice as a lawyer? Answer:
    Article 99 of the constitution states that (1) A person who has held office as a Judge (otherwise than as an Additional Judge pursuant to the provisions of article 98), shall not, after his retirement or removal therefrom, plead or act before any court or authority or hold any offece of profit in the service of the Republic not being a judicial or quasi-judicial office.

    (2) Notwithstanding anything contained in clause (1), a person who has held office as a Jugde of the High Court Division may, after his retirement or rermoval therefrom, plead or act before the Appellate Division.
  2. Can a ‘Barrister” practice law in Bangladesh without enrolment? Answer: No. He needs to attend in the requisite exams. Article-27 states that “a bachelor's degree in law from any university outside Bangladesh recognised by the Bar Council; orhe is a barrister” may apply for enrolment.
  3. What amount of fees is necessary for registration (intimation)? Answer: Taka 800 with an amount of taka 500 for registration forms and in total (taka 1300).
  4. What amount of fess is necessary for written enrolment exam form fill up? Answer: Taka 2400 and an addition taka 500 for the forms (Total 2900 taka).
  5. What is the amount of late fees for registration or enrolment or form fill up? Answer: Taka 200.
  6. Give a chart of fees for Bar Council exam and High Court Permission Test? Answer:

 

Fees for Enrolment

 

Description

Fees

 Registration

 800.00

 Examination for enrolment as advocate

 2400.00

 Enrolment Examination Late fee

 200.00

 Examination for High Court enrolment as advocate

 6000.00

 High Court Examination Late Fee

 200.00

 Examination for Viva as advocate

 300.00

 Examination for High Court Viva as advocate

 1000.00

 Re- Examination for enrolment as advocate

 700.00

 Re- Examination for High Court enrolment as advocate

 1000.00

       

 

  1. How the seniority of lawyers shall be determined? Answer: by the date of enrolment and when the enrolment date is same, the age of lawyer. (Article-23).
  2. Which article of Bar Council Order states of the certificate of enrolment? Answer: Article-24.
  3. Who shall have pre-audiences among the lawyers? Answer: The Attorney General over all other advocates and the pre-audiences among other advocates shall be determined by seniority.(Article-26)
  4. Which article states about the qualification to be admitted as an Advocate? Answer: Article-27 of Bangladesh Legal Practitioners and bar Council Order, 1972.
  5. Can a foreigner practice law in Bangladesh? Answer: No (Article-27(1) (a).
  6. What is the minimum age requirement to be a lawyer in Bangladesh? Answer: 21 years.
  7. Can a student of private university apply for admission as an advocate? Answer: Yes. Article-27(1) (c) (i) states that ‘ a degree in law from any university situated within the territory which forms part of Bangladesh’.
  8. Can a person dismissed from service on the ground of moral turpitude become a lawyer? Answer: yes after two years elapsed from the date of his dismissal. (Article-27(3)). If convicted after five years from the date of expiration of sentences.
  9. Can a lawyer suspend his practice? Answer: Yes. (Article-31 of Bangladesh bar Council Order.
  10. Which article of the Bangladesh bar Council order states that an advocate may be reprimanded, suspended or removed from practice if he is found guilty of professional or other misconduct? Article-32.
  11. Which article states about the constitution of Bar Council Tribunal? Answer: Article-33 of the order,1972.
  12. How many tribunals shall be constituted under the bar Council? Answer: Not fixed. As much as necessary from time to time.
  13. Who shall not be a member of Bar Council tribunal? Answer: Attorney General.

 

  1. How the bar Council tribunal shall be constituted? Answer: The Tribunal shall consist of three persons of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co-opted by the Council from amongst the advocates on the roll, and the senior-most advocate amongst the members of a Tribunal shall be its Chairman.

 

  1. Can an enquiry under the bar Council tribunal may be continued even after the term of the Council is over? Answer: Yes. (Article-33 (2)). However, it may be transferred to another Tribunal constituted afterwards.

 

  1. Which article of our constitution states on right to profession? Answer: Article-40 of the constitution of Bangladesh.

 

  1. Which article states on the consultation with legal counsel as a fundamental right? Answer: Article-33 of the Constitution.

 

  1. How the Bar Council tribunal shall start proceedings and punish an advocate? Answer: The Tribunal shall fix a date and start proceedings by issuing notice to the Advocate concerned and to the Attorney general for Bangladesh. After enquiry proceedings to be filed and the Tribunal may order for any penalties including removal, suspension and fine. A tribunal shall have all the powers of a Civil Court for the purpose of enquiry. The jurisdiction of tribunal is all over Bangladesh. (Article-34 and 35) .

 

  1. Does an order of Bar Council is reviewed? An order of the Tribunal may be reviewed by itself either on its own motion or on application. (Article-34 (8)).

 

  1. Where and how to file an appeal against the order of the Tribunal? Answer: Any person aggrieved by an order of a Tribunal under Article 34 may, within ninety days from the date of the communication of the order to him, prefer an appeal to the High Court. (article-36(1)).

 

  1. Is the Limitation Act, 1908 is applicable for a proceeding of Bar Council Tribunal? Answer: Yes. The provisions of sections 5 and 12 of theLimitation Act, 1908 (Act IX of 1908), shall, so far as may be, apply to appeals made under Article 36.

 

  1. Can a stay order be passed by the High Court Division? Answer: Yes. But an appeal shall not operate as a stay automatically. (Article-38).

 

  1. Can a Bar Association be established without permission of Bar Council? Answer: yes, because formation of association is a fundamental rights under article-38 of theconstitution. However Article-39 of the bar Council Order states that The Bar Council may recognise a bar association in such manner and subject to such conditions as may be prescribed.

 

  1. Which article empowers Bar Council to make Rules with the permission of Government? Answer: Article-40.

 

  1. Can a person practice without being a lawyer enrolled under the Bar Council? Answer: No. “No person shall practice as an Advocate unless he is a member of a Bar Association of the place at which he ordinarily practices.- [Rule- 06(1)] 

 

  1. What punishments may be imposed against a person who is not an advocate but practicing falsely? Answer: Any person who is not an advocate and practises the profession of law and any person who is not entitled under this Order to practise in the High Court practises before that Court shall be punishable with imprisonment for a term which may extend to six months (Article-41).

 

  1. Which law was in force before the Bangladesh legal Practitioners and Bar Council order, 1972.? Answer: The Legal Practitioners and Bar Council Act, 1965 (Act III of 1965).

 

  1. Which law created regular legal profession in this sub-continent and by whom? Answer: The Bengal Regulation VII of 1793 created, for the first time, a regular legal profession for the company’s Courts and it was the contribution of Lord Cornwalli’s.

 

  1. What are the classifications of English/ British legal practitioners? Answer: Before the Supreme Court of Judicature Act 1873 the English legal profession was divided into two branches: attorneys and barristers. The title of attorney was abolished by the Supreme Court of judicature Act, 1873 and they have since been called “solicitors.”
  2. What was the difference between advocates and vakils durig British period? Answer: Advocates were to be barristers of England or Ireland or members of the faculty of the Advocates of Scotland. The Vakils were the persons who had taken their law degree from an Indian University and fulfilled certain other conditions.
  3. Under which law non-barristers or vakils were allowed to practice in the High Court Division during British period? Answer: by the High Court’s Act, 1861. Section 4 of the Legal Practitioners Act, 1879 empowered an advocate or vakil on the roll of any High Court to practice in all the Courts subordinate to the Court on the roll of which he was entered and in any court in British India other than a High Court onwhose roll he was not entered and with the permission of the Court in any High Court on whose roll he was not entered.
  4. What was the difference between pleaders and Mukhtars? Answer: Pleaders: Under the rules framed by the High Court’s as per the provisions of Legal Practitioners Act, law graduate who did not possess the additional qualification to enable them to be enrolled as the High Court Vakils, and non-law graduates after passing the pleadership examination conducted by the High Court, were enrolled as pleaders to practice before subordinate courts. Mukhtars: Besides the Pleaders, there were Mukhtars who passed by Mukhtarship examination held by the High Court after passing the matriculation or equivalent examination.
  5. Was there any profession like legal profession during Muslim period? Answer: Yes. E.g. Mufti, pandit, Mohtasib, Mohtasib-e-Mumalik, vakil-e-sharayat, vakil, vakil –e-shara, vakil-e-sharker.
  6. Who are Advocates on record? Answer: Advocates on Record is regulated under the Supreme Court (Appellate Division) Rules, 1988. They are an advocate to the Appellate Dvision without whom no appeal shall lie to the Appellate Division.
  7. Who are PP? Answer: PP means Public prosecutor. They are appointed by the Government to defend prosecution in a criminal case.
  8. Who are GP? Answer: GP means Government Pleader. They are appointed by the Government to defend the state in a civil suit.
  9. Who can practice before the Appellate Division? Answer: Any person who are enrolled as an Advocate to the High Court Division and practiced there for at least five years.
  10. Who can practice before the High Court Division? Answer: A lawyer or an Advocate who is enrolled to practice in the sub-ordinate Courts of bagladesh for at least two years and passed in the High Court pemission Test. However, a LL M degree holder with 50% marks needs to practice for one year after enrolment as an advocate for attending in the High Court Permission Test.(Rule-65A and Article-21)
  11. Which law states on the post of Attorney general? Answer: Article-64 of the constitution.
  12. Which law states for Bar Vocational Course or Training for Advocates in Bangladesh?

Answer: Article-27(2) Before a person is admitted as an advocate, the Bar Council may require him to undergo such course of training as it may prescribe. As per Rule-60 of the Bangladesh Legal Practitioners and Bar Council Rules 1972 every person seeking enrolment to the Bar Council shall have to take such further legal training and post examination pupilage before enforcement of sanad as may be determined by the Bar Council. As part of this scheme Bar Vocational Course (BVC) is now mandatory for all the applicants for enrolment. This course is conducted under the supervision of the Legal Education Committee of the Bar Council.

  1. Who can be a senior of a pupil in a pupilage form? Answer: A lwyer with 10 years standing practice.
  2. What is the duration of pupilage? Answer: Six months continuous period. (Rule-60)
  3. What is the duration and marks distribution of Bar Council enrolment written exam? Answer: 4 hour. CR PC, Penal Code, CPC, S R Act, the Limitation Act, the Evidence Act, 15 for each and the Bar Council Order and Rules 10. Pass marks 50.
  4. How many questions need to be answered in written taste? Answer: InCPC and SR Act 2 out of three and one out of two for all other subjects.
  5. What is the duration and marks distribution of MCQ test for the enrolment exam? Answer: 1 hour. Marks 100. (answer 100 questions out of 100). Cr P C, CPC and Penal Code 20 each, the Evidence act, 15, SR Act and the Limitation Act 10 each and 05 for bar Council Order and Rules. Pass marks 50.
  6. What will be the language of questions? Answer: Bangla and English.
  7. How many groups are in a written test exam questions/ syllabus? Answer: Group A to Group F i.e. total 06 groups.
  8. Which group is a combination of two laws? Answer: Group-A consisting of CPC and S R Act.
  9. Which Group consisting of more than two laws? Answer: Group F. Professional Ethics, Bar Council Order & Rules, Legal Decisions and Reports
  10. CR P C, penal Code, Evidence Act and the Limitation acts are in which groups? Answer: Cr P C in Group –B, Penal Code in group-C, the Evidence Act in Group-D and the Limitation Act in Group-E.
  11. Which article of Bangladesh Legal Practitioners and Bar Council order states for relief and benevolent fund? Answer; Article-15 and article-14 respectively.
  12. What amount is necessary for re-registration in enrolment exam after failing to pass in written test? Answer: Taka 700 plus taka 300 and in total taka 1000.
  13. What fees is necessary for pupilage registration form? Answer: taka 800 plus taka500 i.e. total taka 1300.
  14. What secondary conditions to be fulfilled to become an advocate? Answer: According to Rule-59 of the Bangladesh Legal Practitioners and Bar Council Rules 1972

A person who has fulfilled the above primary conditions to become an advocate has to apply in Form ‘A’ prescribed by the Bar Council; such an application must be accompanied by the following:

(i)      Satisfactory evidence of the applicant’s date of birth;

(ii)     Satisfactory evidence of qualification under article 27;

(iii)    two testimonials from persons in good position as to the character and conduct of the applicant;

(iv)    affidavit stating that the statement made in the application in form ‘A’ are true and accurate;

(v)     a receipt of payment of a fee of Taka (800+500)= 1, 300.00.

Rule-60 of the Bangladesh Legal Practitioners and Bar Council Rules 1972 provides that ‘every person before being admitted as an advocate must take pupilage for a continuous period of six months in the Chamber of an advocate with 10 years standing;

Rule-60A states that every applicant will have to sit for the written examination for four hours as per Rule 60A.

Rule-60B provides that ‘every applicant who has qualified in the written examination must pass the viva voce examination held under the direction of the Enrolment Committee of the Bar Council.’

  1. Who are authorized to practice as a lawyer? Answer: Rule 60 of the Bangladesh Legal Practitioners and Bar Council Rules 1972 states that ‘every applicant who has successfully completed all the above conditions may be granted a certificate of enrolment by the Enrolment committee and when such a certificate is granted the certificate holder will have legal right to practise as an advocate in the court under a particular Bar Association.’
  2. Who need not attend in artitten test examination to become an advocate to the High Court Division? Answer: A judicial officer who has held office for a period of at least ten years. Such a judicial officer shall not be required to appear for written test.
  3. What is the duration of pupilage to become an advocate to the High Court Division? Answer: 1 year.
  4. How many cases needs for enrolment in the subordinate Court and High Courts? Answer: 5 civil and 5 criminal for sub-ordinate Courts and A list of 25 cases either civil or criminal or both in which the Advocate appeared before the concerned High courts.
  5. What are the relevant laws for lawyers? Answer: Existing Laws relating to the advocates are (i) The Bangladesh Legal Practitioners and Bar Council Order, 1972; (ii) The Bangladesh Legal Practitioners and Bar Council Rules, 1972; (iii) Bangladesh Bar Council Benevolent Fund Rules; (iv) Bangladesh Bar Council Relief Fund Rules, 1980; (v) Rules for Registration of Advocates Clerks; (vi) Rules Relating to the hearing of Complaints against Advocates Clerks; (vii) Rules relating to the hearing of appeal preferred by Advocates Clerks; (viii) Canons of Professional Conduct and Etiquette,1969; (ix) Bangladesh Bar Council Special fund Rules etc[4].
  6. Which law regulates professional conduct and etiquette of lawyers in bangladesh? Answer: Canons of Professional Conduct and Etiquette,1969. Framed in exercise of the power conferred on the Bangladesh Bar Council by section 48 (q) of the Legal Practitioners and bar Council Act, 1965 and adopted by a resolution of the Bar Council on the 5th January, 1969
  7. Which law bars on disclosure of communication with his lawyer? Answer: No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional adviser (Section-129 of the Evidence Act,1872).
  8. Can a lawyer disclose communication made to him by his client? Answer: No. No advocate shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such advocate by or behalf of his client (section-126 of the Evidence Act, 1872).
  9. Which law states about the dresses of advocates? Answer: Civil rules and Order 826 on subordinate Court lawyers dress and CRO 825 states that Supreme Court lawyers dress shall be same. However, According to Bangladesh Supreme Court Rules, Part-1 Order-3, Rule-38, dresses of Supreme Court lawyers is mentioned.

 

  1. How may an advocate change his bar? Answer: No advocate shall change his/her Bar Association/ previously opted Bar Association or join any other Bar Association keeping intact his membership with his previous Bar Association without permission of the Bar Council and every application for such permission shall be accompanied by a deposit of {Tk.1,000.00}.
  2. Which Rules states on disciplinary proceedings against an Advocate? Answer: Rules 41 to 51 , 89A and 93 to 98 of the Bangladesh Legal Practitioners and Bar Council Rules, 1972.
  3. What are the marks for oral test and what is pass marks? Answer: 50 of which 25 is pass marks.
  4. How many pupilage be taken by an advocate at a time? Answer: No Advocate shall take more than four pupils at a time without the permission of the Bar Council. (Rule 60(3)).
  5. What fees is necessary for registration as a High Court lawyer? Answer: Taka 6000 plus fee of form.
  6. What is the syllabus for High Court permission test? Answer: Drafting of a Memo of Appeal against a

judgment (Civil & Criminal)

(b) Drafting of a habeas corpus petition.

(c) Drafting of a petition u/s 561-A Cr.P.C.

(d) Drafting of a Civil Revision u/s 115 C.P.C.

(e) Drafting of a writ petition.

  1. What is the marks distribution for High Court Permission Test? Answer: 25. Writ-9 and others 8+8+. ) . In viva marks are 25. Pass marks 50% i.e. 13+12=25.

(i) For format-5 marks

(ii) For arrangement of fact-5 marks

(iii) For formulation of prayer-5 marks,

(iv) For language and style-5 marks”

(v) For application of law and framing of grounds-5

marks.]1

[(4) Qualifying marks for written test shall be 12 out of 25 and for oral test shall be 12 out of 25; but the aggregate marks of the two tests must be at least 25 (i.e. 12+13).

  1. What is the time duration for starting hearing by the Tribunal after receiving case from Bar Council?
  2. Who will be addressed for filing a complaint against a lawyer? Answer: the Secretary of the Bar Council.
  3. Which section of Chapter II of Canons of Professional Conduct and Etiquette prohibits purchase of clients property by his lawyer?
  4. Which section of Chapter II of Canons of Professional Conduct and Etiquette prohibits lawyer to give advertisement?
  5. Which section of Chapter II of Canons of Professional Conduct and Etiquette prohibits lawyer to mix his property with the property of his client?
  6. Which chapter of Canons professional Conduct and Etiquette states on duty towards client by lawyer?
  7. Which chapter of Canons professional Conduct and Etiquette states on duty towards another advocate by lawyer?
  8. Which chapter of Canons of professional Conduct and Etiquette states on duty towards Court by lawyer?

 

Q.127. What is the fees for a wakalatnama under the Court fees Act applicable for civil court or criminal court or Magistrate Court or any executive court or revenue court except High Court Division?

Answer: 30 taka.

Q.128. What is the fees for a wakalatnama under the High Court Division or to the Chief revenue or Executive Authority or to a commissioner or collector of Customs and excise?

Answer: 30 taka For wakalatnama to High Court Division and Taka 200 for the rest Courts or authorities as stated into this questions.

--------------------------------------------------------------------------------------------------------------

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sample Written questions (for LL B and LL M exams) on the following subjects are included:

 

 

 

  1. The Constitution of the People’s Republic of Bangladesh
  2. The Code of Criminal Procedure (Cr P C), 1898 with conveyance and drafting
  3. The Code of Civil Procedure (CPC), 1908 with conveyance and drafting
  4. Conveyance and Drafting/ Mock Trial, Art of Pleading and Advocacy
  5. The Limitation Act, 1908
  6. Environmental Law
  7. International Laws of Natural resources
  8. Consumer Protection Law
  9. The Penal Code, 1860 or Law of Crimes
  10. Bangladesh Studies
  11. Legal System of Bangladesh
  12. Law of Registration and PDR
  13. Law of Partnerships, Cooperatives and Societies/ Mercantile Law
  14. Legal Environment of Business or Business Law
  15. Company Law
  16. Law of Tort and Contract
  17. Private International Law
  18. International Organizations
  19. Principles of management
  20. English for specific Purposes/ Legal English
  21. Introduction to computer and IT
  22. Legal History of Bangladesh
  23. Labour and Industrial Law
  24. Roman Law
  25. Specific Relief (SR) and PDR
  26. Law of the Sea/ Maritime Law
  27. Administrative Law
  28. Muslim Law
  29. Transfer of Property Act/ Law on Transfer of Property
  30. Land Laws of Bangladesh
  31. Banking and Artha Rin Adalat Ain
  32. Medical Jurisprudence
  33. Jurisprudence
  34. Islamic Jurisprudence
  35. Research Monograph
  36. Information Technology Law (IT Law)/ Cyber Law
  37. Hindu Law
  38. Equity and Trust
  39. Constitutional Law of UK and USA/ Comparative Constitutional Law
  40. Interpretation of Statutes and General Clauses Act
  41. ADR
  42. Public International Law
  43. Fiscal Law/ Law of Taxation
  44. Law of Evidence
  45. International Trade Law
  46. International Human Rights Law
  47. International Humanitarian Law
  48. Women’s Human Rights
  49. Criminology
  50. International Refugee Law
  51. Intellectual Property Law
  52. Principles of Civil Litigation
  53. Comparative Law
  54. Special criminal Laws
  55. Clinical Legal Education
  56. Government and Politics
  57. International Air and Aviation Law

 

______________________________________________________________________

Sample Questions in details

  1. The Constitution of the People’s Republic of Bangladesh

 

  • State the historical background of the constitution of Bangladesh. What documents are regarded as interim constitution? What is the importance of preamble? Explain.
  • Distinguish between human rights and fundamental rights. What sorts of human rights are included in our constitution? Explain the importance of fundamental principles of state policy.
  • Write an essay on the ‘fundamental rights of the constitution of Bangladesh’.
  • Write short notes-
  • Right to life;
  • Rule of law;
  • Basic structure of the constitution;
  • Constitutional supremacy and parliamentary supremacy;

 

Q.1. What do you understand by State? Explain the essential elements of the state.

                                                                                          4+8.5=12.5

Q.2. What is the definition of Sovereignty? Describe different kinds of sovereignty.

                                                                                          4+8.5=12.5

Q.3. Explain the prerequisites of a parliamentary government with references.

                                                                                           12.5

Q.4. Write short note on the followings:

      (a) Monarchy. (b) Dictatorship (c) Democracy.  (d) Socialism.

                                                                                             3.12+3.12+3.12+3.12=12.5

 

 

 

 

__________________________________________________________________

  1. The Code of Criminal Procedure (Cr P C), 1898 with conveyance and drafting

 

 

 

  1. What is the scope of Cr P C?
  2. When the Cr P C was enacted?
  3. Whether Cr P C is an Act?
  4. Distinguish between Code and Act?
  5. How the cr P C was codified and amended?
  6. How many sections are in the Cr P C?
  7. How many chapters are in the cr P c/
  8. How many sections of Cr Pc have been repealed?
  9. What is the basic difference between Cr P C and CPC?
  10. What is Miscellaneous Case?
  11. Distinguish between suit and case?
  12. Which of the Laws are relevant with the study of Cr P C?
  13. What do you mean by “Justices of the Peace”?
  14. Who is qualified to be a Magistrate?
  15. What are the various types of magistrate?
  16. What is the difference between judicial Magistrate and Sessions Judge?
  17. Who is qualified to be a sessions Judge?
  18. What are the jurisdictions of the Sessions Judges?
  19. What types of Criminal Courts exists in the Metropolitan area in Bangladesh?
  20. What is arrest?
  21. Who may arrest a person and how?
  22. What is the difference between arrest and detention?
  23. What is preventive detention?
  24. What is search?
  25. What is search warrant?
  26. What is seizure?
  27. What is the difference between seizure and attachment?
  28. What are the various types of punishment?
  29. How death penalty may be executed?
  30. Who may issue summon?
  31. How a summon may be served?
  32. What is substitute service?
  33. When warrant may be issued instead of summon?
  34. What is the difference between summon and warrant?
  35. What is proclamation of arrest?
  36. What are the various types of warrant?
  37. When warrant may be issued canceling bail bond?
  38. When warrant may be issued against witness?
  39. How a summon may be issued outside Bangladesh?
  40. How a foreign summon may be executed in Bangladesh?
  41. When search warrant may be issued releasing a person from wrongful confine ment (abduction and kidnapping)?
  42. How search warrant may be issued recovering property?
  43. How property may be recovered ifillegaly seized?
  44. What is affidavit?
  45. What is the difference between oath and swear?
  46. What is power of attorney?
  47. What is vokalatnama?
  48. What type of power may be applied in time of arrest?
  49. What is the remedy of extra judicial killings?
  50. What is the remedy of extorting confession under pressure?
  51. How a summon may be issued against public servant?
  52. Who is responsible for executing a summon?
  53. How a summon may be issued against land lord?
  54. What is alien enemy?
  55. What is asylum?
  56. What is extradition?
  57. What is ICC?
  58. What is ICJ?
  59. Who is responsible for executing a warrant?
  60. When police may issue summon?
  61. When a Magistrate may arrest a person?
  62. What is GD?
  63. What is FIR?
  64. What is cognizance?
  65. Who may take cognizance?
  66. What steps will be taken by a judicial Magistrate after taking cognizance?
  67. What is the difference between GD and FIR case?
  68. What is the distinction between GR and CR case?
  69. How a case may be lodged?
  70. What is the difference between suit and case?
  71. What is seizure list?
  72. What is chalan?
  73. When a person to be produced before the Court?
  74. What is the difference between admission and confession?
  75. What is police confession?
  76. What is police remand?
  77. What is police report?
  78. What is police Diary?
  79. What is narazi petition?
  80. What is charge sheet?
  81. What is final report?
  82. What is the difference between charge sheet and final report?
  83. When a Court may issue show cause to the SI for faulty police report?
  84. Distinguish between inquiry and investigation.
  85. What is the format of an FIR?
  86. What is the format of a Complaint petition?
  87. What is the difference between reinvestigation and further investigation?
  88. What is framing of charge?
  89. What is charge?
  90. What is alteration of charge?
  91. What is joinder of charges?
  92. What is misjoinder and nonjoinder?
  93. How a charge to be framed?
  94. Distinguish between charge and charge sheet.
  95. What is error in charge?
  96. When police may arrest without warrant?
  97. What is the right of a person before search?
  98. What is the right of a person before arrest?
  99. When police may release a person on bail / bond?
  100. What is bond?
  101. What is security?
  102. What is surety?
  103. What is bail?
  104. What are the various types of bail?
  105. What is section 144?
  106. What is curfew?
  107. What are the essential conditions of bail?
  108. When a bail may be cancelled?
  109. What is the difference between anticipatory and pre-arrest bail?
  110. When a person may be dispensed with the personal attendance before the Court?
  111. What is the difference between trial by Magistrate and trial by Sessions Judge?
  112. What are the different stages of criminal proceedings?
  113. What steps are included in the pre-trial stage?
  114. What steps are included in the trial stage?
  115. What steps are included in the post-trial stage?
  116. What steps may be taken at any stage?
  117. What is judicial inquiry?
  118. What is offence?
  119. What are the various types of offence?
  120. What is compoundable offence?
  121. What do you mean by schedule and non scheduled offence?
  122. What is summary trial?
  123. What do you mean by proceedings?
  124. When police may take action or impose injunction on immovable property?
  125. How a trial starts and how it concludes?
  126. Who is an approver?
  127. What is leading question?
  128. Who may be declaring as hostile witness?
  129. What is burden of proof?
  130. When burden of proof lies to the accused?
  131. What is evidence?
  132. When a witness may be arrested for not appearing before the Court and how?
  133. What is demeanour of a witness?
  134. What is the time limitation of disposal of a criminal case?
  135. When the Magistrate may himself inquire into a matter?
  136. How a case may be transfer by Magistrate?
  137. What is withdrawal of case?
  138. What is the difference between inquest report and post mortem report?
  139. What is exhumation?
  140. How a case may be transferred by the High Court Division?
  141. How a case may be transferred by the AD?
  142. How a case may be transferred by the Sessions Judge?
  143. What is appeal?
  144. What is the time limitation of filing an appeal?
  145. When revision to be filed instead of appeal?
  146. What is the difference between appeal and revision?
  147. What is reference?
  148. What is review?
  149. When review is allowed in a criminal case?
  150. What are the various types of writ?
  151. Which writ is applicable in a criminal case?
  152. When an appeal may be filed to the CJM/ Magistrate’s Court and how?
  153. When an appeal may be filed to the Sessions Judge and how?
  154. When an appeal may be entertained by the Asst./ Joint sessions judge?
  155. When an appeal may be filed to the HCD?
  156. What is leave to appeal?
  157. When an appeal may be filed to the Appellate Division?
  158. In what cases appeal is not allowed?
  159. What is second appeal?
  160. Who may file second appeal and when it is allowed?
  161. How an appeal may be filed?
  162. How a prisoner may file an appeal?
  163. What is the jurisdiction of a Court in appeal?
  164. What is the difference between acquittal and conviction?
  165. What is the difference between discharge and acquittal?
  166. What is the case no. in a criminal proceedings?
  167. Whether further inquiry is allowed in appeal?
  168. Whether further inquiry is allowed in revision?
  169. How a person may be released on bail in appeal?
  170. What shall happen if a person die in a pending trial?
  171. How fine may be recovered in a criminal case?
  172. What is the time limitation for life imprisonment?
  173. What is the distinction between appeal before Session Judge and appeal before the High Court Division?
  174. What is the distinction between revision before Session Judge and revision before the High Court Division?
  175. What is prerogative of mercy or presidential clemency or commutation of sentence? Who may exercise this power?
  176. What is the duty of a PP and CSI?
  177. Who are working as Govt. Lawyer before different Courts?
  178. What is quashment?
  179. What is the criminal proceeding in respect of a lunatic?
  180. What steps to be taken in respect of a Govt. service holder for filing of a case?
  181. What steps to be taken in respect of a filing of a sedition case?
  182. What steps to be taken in respect of a filing of a adultery case?
  183. What steps to be taken in respect of a filing of a contempt case?
  184. When deposit may be given instead of bond?
  185. What is forfeiture of bond?
  186. Which section deals with the various forms of summon/ warrant/ bond/ bail bond/ proclamation of arrest etc?
  187. Where can we find/ get the list of bailable, non-bailable, cognizable, noncognizable, compundable offences in the Cr P C?
  188. Which sections/ schedules deals with the powers, functions, and jurisdictions of the Magistrates and Sessions Judges?
  189. Where can we find the list of offences for which summon or warrant to be issued?
  190. What are the provisions of Cr P C regarding a fugitive or absconding convict?
  191. What will be the language of the Court?
  192. Whether a court may ask questions to the accused, witnesses etc?
  193. How a judgement to be pronounced?
  194. How a judgment may be executed?
  195. What is PRB?
  196. How a police officer may be punished under the PRB and when?
  197. What is jail Code?
  198. What is death reference case?
  199. How the court shall deal with the death reference case?
  200. In which laws Cr P C should be followed?

PC and Cr P C

  1. Write down the trial stages of criminal proceedings. What is the procedure of taking evidences in a criminal case? Discuss. 9+3.5=12.5
  2. Distinguish between appeal and revision. What is the right forum of filing an appeal or revision based on different types of judgment passed by different Courts of criminal jurisdictions? Explain the time limitation for filing an appeal to the appropriate court under the Code of Criminal Procedure, 1898. 6+3+3.5=12.5
  3. Write an essay on ‘bail’. 12.5
  4.  State the ‘post-trial’ stage of a criminal proceeding. How may a criminal case be withdrawn or compromised? Explain. 8+4.5=12.5
  5. Distinguish between charge and charge sheet. Who shall apply for discharge and narazi petition? Explain the provisions of the Code on framing of Charge. 3+3+6.5=12.5
  6. Write short notes-   3+3+3+3.5=12.5
  • Expert opinion;
  • Transfer of a criminal case;
  • Prerogative of mercy;
  • Writ of habeas corpus and quashment;

 

 

 

  1. What is the scope of the Code of Criminal Procedure, 1898? Write down names and jurisdictions of various ordinary Criminal Courts in Bangladesh. 4+8.5=12.5
  2. State the pre-trial stage of an ordinary criminal proceeding in short. 12.5
  3. Explain the trial and post trial stage of an ordinary criminal proceeding. 12.5
  4. What are the various types of bail? On what grounds bail may be granted? What are the essential conditions of bail? When a bail may be cancelled? 3+3+3+3.5=12.4
  5. Write short notes- 3+3+3.5+3=12.5
  • F I R, Complain Petition and GD;
  • Summon and warrant;
  • Appeal and Revision;
  • Police remand;
  1. (a) Distinguish between murder and culpable homicide. What are the differences under the Penal Code, 1860 regarding attempt to murder, abetment to murder, accidental death and suicide? 3+4

(b) State the definition, elements and punishment of robbery and dacoity. 5.5

  1. Explain the following offences with punishments in short-  3+3+3+3.5=12.5
  • Criminal misappropriation of property and criminal breach of trust;
  • Rape, adultery and unnatural offences;
  • Cheating and forgery;
  • Kidnapping and abduction;

 

______________________________________________________________________________

 

 

 

 

 

  1. The Code of Civil Procedure (CPC), 1908 with conveyance and drafting
  1. Define order and decree. Is there any difference between suit and case? How may sections and orders under the Code of Civil Procedure be enacted or amended? What is Rule making authority? 2+2+4+2=10
  2. Explain the provisions of res judicata and res subjudice. When may a plaint be rejected? What do you mean by striking out and amendment of a plaint? 4+2+3=10
  3. (a) How may summon be served and executed? Is there any difference regarding a foreign summons?                              3+2=5

 

(b) What are the different types of jurisdictions? How may a civil suit be transferred? What are the different types of injunction?                     2+1+2=5

  1. Write short note on the following- 2x5=10
  • Set off and counter claim;
  • Written statement and written objection;
  • Cost;
  • Suit of civil nature;
  • Firisti;

 

  1. (a) What do you mean by the plaint ?

         (b) When a plaint can be amended ?

         (c) When a plaint can be rejected ? 

  1. (a) What do you mean by the Exparte decree ?

(b) When an Exparte decree can be set aside ?

  1. (a) What do you mean by the Commission and local inspection ?

(b) When a Commission and local inspection can be granted ?

  1. (a) What do you mean by  the temporary injunction ?

          (b) When an order of  temporary injunction can be prayed for ?

          (c) What things can be considered at the time of disposal of a petition

of temporary injunction ?

  1.      Answer any 3 of the following short notes :
  • Inherent power of a court.
  • Service of Summons.
  • Appeal and Revision.
  • Written Statement.

 

  1. (a) What do you mean by  the Limitation ?

          (b)  Under what circumstances a time barred appeal or petition                   

            may be filed ?

  • Under what circumstances a minor or an insane or an idiot may

       institute a suit or proceeding after his disability ceases ?

Group-A

Answer any one of the following Questions:                                   01x10=10

  1. Write down the various stages of a civil proceeding in brief.

                                         Or

  1. Explain the significance of the Code of Civil Procedure in brief. What is the distinction of the section and order of CPC? Name the various Order of CPC in short.

Group-B

Answer any ten of the following questions:                              10x03=30

  1. What is precept?
  2. Explain the term ‘cause list’.
  3. Explain the term ‘suits of civil nature’.
  4. What are the different types of injunction? How may a suit for injunction be filed under the CPC?
  5. Distinguish between ‘appeal’ and ‘revision’.
  6. State the provisions of the CPC on ‘attachment of judgment’.
  7. Draft a verification and affidavit.
  8. What do you understand by ‘adjournment’?
  9. Explain the relevant provisions of the CPC on various types of hearing.
  10. What is the remedy against exparte judgemnt?
  11. Distinguish between ‘arbitration’ and ‘mediation’ under the CPC.
  12. How may an execution of a decree be stayed?
  13. Is there any difference between tender and auction? What is sale?
  14. Who shall bear the expenses of issue of process? What is the time limit of framing of issues?

 

  • What do you mean by ‘interlocutory order’? Make a list of interlocutory orders under the Code of Civil Procedure. Give a brief discussion on the petitions that may be filed for interlocutory orders.
  • Define the term’ injunction’. What are the various types of injunctions? State the provisions of the Code of Civil Procedure on injunctions. What are the reasonable grounds for injunctions? Explain.
  • Distinguish between appeal and revision. Discuss the provisions of the Code of Civil Procedure on review. When an appeal against the judgment of a review is allowed?
  • Write short notes-
  • Pauper suit;
  • ADR and legal aid;
  • Attachment before judgement;
  • Commissions and Receiver;

Question 1.

(a) What do you mean by interlocutory order? Make a list of interlocutory orders.           05

(b) “B”, on his way to home found valuable goods worth Tk.5 lac. He published an advertisement in the daily “Bangladesh Protidin” in a bid to return it to the actual owner. “C”, “D”, and “E” communicated with “B” claiming the ownership of the Goods. State the legal responsibility of “B” under the Code of Civil Procedure.                           7.5

 

Question 2.

 

(a) Distinguish between permanent injunction and temporary injunction.  05

(b) “A” and “B” are neighbors living closely in “Aminnagar” village.  There is a dispute over the ownership of their homestead. “A” is an influential person and claimed that he is the owner of the southern part of “B”’s homestead measuring 2 katha land.  He with his gang went to the place and threatened “B” to leave the area or face dire consequences. “B” came to you for your suggestion. What steps can be taken under the various laws of Bangladesh in favour of “B”? Suggest “B”. 7.5

 

Question 3.

 

A suit was filed before the learned Joint District Judge by “Abdul Karim” against “Abdur Rahim”. It was a suit claiming the tile of an agricultural land measuring 1 bigha land. “Abdul Karim claimed the ownership through inheritance whereas “Abdur Rahim” claimed that he was given the property as gift by the deceased father of the opposite party.  It was mentioned in the plaint that the deed is forged and fabricated. However “Abdur Rahim was in possession and during the pendency of the suit he was going to sell the property.  Give your arguments in favour of the parties with reasonable grounds. Can “Abdul Karim” restrict the opposite side to sell the property under the CPC? Explain.  12.5

Question 4.

 

(a)  State the rights, duties and liabilities of a receiver under the Code of Civil procedure   8

(b) Which orders are appellable? Discuss. If no appeal lies against an order what steps may be taken? 3+1.5=4.5

Question 1.

 

What do you under stand by “injunction”? Give a short idea on various types of injunction.  Draft a cause title of an injunction petition based on fictitious names and addresses.      03+07+2.5=12.5     

 

Question 2.

 

(a) Distinguish between reference and review.  04

(b) Distinguish between appeal and revision of the Code of Civil Procedure.    04

(c) What do you mean by “interlocutory orders”.                    4.5

 

Question 3.

 

(a)  What is arrest before judgement? Discuss the provisions of attachment before judgement.    02+4.5 =06.5

 

(b) What is Misc. case? Distinguish between summon and warrant.            02+4.5= 06.5

 

Question 4.

 

What is commission under the Code of Civil Procedure? Discuss the procedures of appointment and functions of a receiver in short. 4+8=  12.5

Question 1.

 

What do you under stand by “Code”? Give a short idea on the Code of Civil Procedure. What laws/ statutes are essential for the proceedings of a civil suit?      03+07+2.5=12.5     

 

Question 2.

 

(a) Distinguish between Order and Decree.  04

(b) Distinguish between res judicata and res subjudice.    04

(c) Distinguish between summon and warrant”.                    4.5

 

Question 3.

 

(a)  What is plaint? What must be mentioned in the plaint? Discuss.    02+4.5 =06.5

 

(b) What is representative suit? Distinguish between misjoinder and nonjoinder.            02+4.5= 06.5

 

Question 4.

 

What is jurisdiction? What are the various types of Jurisdiction? Discuss the jurisdiction of the various Ordinary Civil Courts in short.   12.5

 

 

 

 

 

 

 

 

 

 

 

  1. Conveyance and Drafting/ Mock Trial, Art of Pleading and Advocacy

 

  1. (a) How a notice is to be drafted and which essential elements is to be considered in drafting a notice?

(b) Draft a notice under section-106 of the T P Act, 1882 for termination of tenancy.

  1. (a) What do you mean by injunction under the Specific Relief Act, 1877?

(b) Draft an application under Order-39 (XXXIX) Rule-1 and 2 of the Code of Civil Procedure.

  1. Draft a model plaint for specific performance of contract.

 

  1. Draft a bail petition as you like best referring the case laws.
  2. “Bail is nothing but change of custody”-Explain.
  3. What do you mean by legal remedy? Explain in short the Constitutional remedy for an aggrieved person?

 

Q1:  One Karim, son of Rahim sustained grievous injuries by some miscreants and was admitted to Dhaka Medical College Hospital for treatment. Rahim the father of the victim wants to file a petition of complaint before Magistrate (as denied by the local police station). Write a petition of complaint for Rahim.

Q2:  In a cultivating land there are two rival claimants namely Moziruddin and Foriduddin. Moziruddin was in possession of the land till 13th July 2009 on which date he was dispossessed by Foriduddin. Moziruddin seeks to take possession of the land. Advice your client Moziruddin and draft application for appropriate remedy before the appropriate court under appropriate section.

Q3: Accused Bala Krishna who is held in police custody on charge on non bailable offences. He is a candidate for Upazila Chairman Election and seeks bail to address the electorate of his constituency on the occasion of election. What grounds will you argue for his bail. Draft a bail petition. 

Q4: Naher Khan bought a Car with bank loan from ABC Bank Ltd., she fell behind in making payment for two months. The bank manager has sent a local mustan to get the car back from Naher Khan. The mustan has actually took the car away from her by force and gave the same to the Bank authority. Naher Khan filed a case against the bank. The concerning court issued summoned to the Bank Manager. Draft a ‘Written Statement’ for Naher.

Question 1:

We have 40,000 lawyers in all over Bangladesh, enrolled with the Bangladesh Bar Council as Advocates. They are regarded as learned friends, respected by their individual communities and have direct contact with the members of the public. Quite often, Advocates are asked to attest public documents and sign true copies of educational, employment, business and all sorts of other legal documents, but they are undone and helpless, as they are not allowed to do so. Considering the situation you have already issued necessary 'Notice Demanding Justice' and now intend to FILE A WRIT to the High Court Division of the Supreme Court of Bangladesh seeking DIRECTION to allow the Advocates to attest documents and sign true copies, stating appropriate submissions and grounds with prayers.

Question 2:

Dynamic International Ltd is a private limited company, registered in 1995 under the Companies Act 1994 and since its inception the company is running the business smoothly. The business is now getting better and the directors would like to amend and insert an object clause in the Memorandum of Association. Recently, the company directors held an Extra Ordinary General Meeting and passed the following resolution:

 “1. To give third party guarantee or become liable for the payment of fund raised or borrowed from the banks, financial institutions, leasing companies or any other institutions by other companies by way of creation of mortgage, charge or hypothecation upon the undertakings of the company or any part of its property both present or future including the uncalled capital of the company either as third party guarantor or collateral surety”.

Taking the matter into account, you, as a Corporate Advocate of the Supreme Court of Bangladesh, are assigned to file an application to the Company Court for confirmation of the Amendment of object clause of the Memorandum of Association under section 12  read with section 13 of the Companies Act, 1994.

Please state the formalities you need to fulfill once the application is admitted and given necessary direction by the Hon’ble Court.

Question 3:

You are a practicing Advocate in the Supreme Court of Bangladesh. Mr. Abdul Latif, the Managing Partner of Alpha Informatics, a partnership business, visited your Chambers and asked to send a NOTICE DEMANDING JUSTICE to Mr Abdul Muqueet. The facts in issue behind the notice are as follows: 

  1. Mr Latif, your client, saw an advertisement in the Daily Star under the headline 'Alpha Informatics for Sale' given by Mr Muqueet.
  2. Mr Latif along with his partners visited the business premises and discussed details of the business with Mr. Muqueet.
  3. You client decided to buy the business
  4. Your client paid 50% of the price, i.e. TK5,00,000/- to Mr. Muqueet under an agreement and took over the business and started running the same for the last two months.
  5. Once your client took over the business, he found that Computers are not functioning properly, the seller (Mr. Muqueet) is reluctant to transfer the trade licence in your client's name, not passing over the existing and potential clients' list etc. Hence, your client wants his money back and return the business to the seller (Mr. Muqueet).

DRAFT A NOTICE DEMANDING JUSTICE for and on behalf of Mr. Abdul Latif, in doing so, you must follow a standard format from the beginning to the end.

Question 4:

Being an Advocate of the High Court Division of the Supreme Court of Bangladesh, you are assigned to defend a client sentenced to death in a murder case. You are also supplied with the bundle giving full details of the case starting from Order sheets, FIR, Charge-sheet, witness statements u/s161 and u/s164, medical reports, Judgement etc. You are required to prepare a chronological defence giving cross references to all documents in hand to submit to the court of law.

The facts of the case in short are as follows:

  1. Krishna and Rada are two brothers and live in houses side by side
  2. Krishna has a daughter of 14 years of age and Rada has a baby boy.
  3. Krishna's wife being greedy, wanted to grab the land of Rada, but because he has a son, who will automatically inherit the property, she won't be able to do so.
  4. Krishna's wife planned to kill the baby boy, and asked her daughter to pour Acid to the baby's mouth, which she did.
  5. No direct evidence
  6. Under the circumstantial evidence, the girl of 14 years of age was given death sentence by the trial court. The matter was passed on to the High Court Division of the Supreme Court of Bangladesh for death confirmation.

You are assigned to defend the girl of 14 years of age, arguing if the death sentence can be confirmed.

Problem No.-1

 

Lal Baru Bibi, an illiterate woman who became ‘murid’ of a Pir, Mr. Fouzur Rahman . A spiritual relationship developed between them in course of time. She had a semi-pucca house but she intends to construct a multi-storied building with loan from House Building Finance Corporation. She disclosed her intention to Pir Shaheb who sent her to another ‘murid’ named Soaliman Chowdhury. She alongwith her husband went to the house of Solaiman Chowdhury who asked her to put her signature on sole blank stamp papers for the purpose of getting loan. Accordingly, she signed those papers and was waiting for loan but she received a notice from a Revenue officer asking her to appear before him in connection with a mutation case. After she appeared before that officer, she was informed that Pir Shaheb purchased the suit land for Tk. 5,00,000/- from her by a registerd kabla deed. She alleged that she never executed such a deed in favour of the Pir shaheb.

Pir Shaheb and Solaiman Chowdhury alleged that Lal Baru Bibi knowing fully well about the contents of the deed voluntarily executed the deed with receiving money.

 

  • Draft a plaint on the basis of the above mentioned fact;
  • Mention the concern law under which Lal baru Bibi will have to seek relief.

Problem No.-2

 

Mr. Julfiker haider was in possession of a piece of land who grew Irri paddy therein and when the paddy was ripe kamal, Jamal and salam forcibly cut and took away the ripe paddy. Mr. Julfiker haider filed a complaint case under section-379.

 

Now the question is-

Whether charge can be framed u/s 379 or not? Explain your arguments mentioning the ingredients of the said section.

Problem No.-3

Mr Rahman is an eye-witness of a case. His statement was earlier recorded by a magistrate u/s-164 of the Cr P c. during trial Mr. Rahman was outside of Bangladesh. Recording of evidence had already been closed. Examination of the accused u/s 342 of Cr P C was finished and arguments were also heard. The date was fixed for judgment. In the meantime Mr. Rahman returned to Bangladesh. Prosecution side wants to examine him as PW.

Is it possible? Discuss in the light of section-540 of the Cr P C.

Problem No-04

 

Mr. Shahidul Islam filed a suit for declaration of title against Mr. Fahat Hossain and got a decree in respect of 10 decimal land appearing to a S A Khatian no 05 plot no 102 corresponding to RS Khatian No 03 plot no 504. mr. Shahidul Islam died leaving 3 sons and 2 daughters who were enjoying that land. Mr. Fahat Hossain threatened out them from possession and they filed a suit for permanent injunction.

Fahat Hossain appearing before the court filed a petition under Order VII Rule-11 of C P C for rejection of plaint.

Whether the petition is sustainable/ maintainable- why or why not?

Problem No-05

 

Mr. Alaudding exchanged a piece of land with mr. salauddin. Mr. Keramat Ali, a co-sharer by purchase files an pre-emption case.

Whether the case is tenable- why or why not?

Problem No-06

Shahjahan and Momotaj loved each other very much and decided to get married and ultimately did so fixing dower money of taka 5-lakh out of which ½ was prompt and the rest was differed. During their conjugal life they were not happy. Momotaj wanted to live only with her husband and wanted to be separated from the joint family. But Shahajahan did not agree. As a result Momotaj left the house of Shahajahan and went to her father’s residence. Momotaj filed a family case for dower money of Tk.- 5 lakh and maintenance at the rate of Tk.- 5000 per month.

 

Whether Momotaj will be awarded a decree of dower money Tk. 5 lakh and maintenance?

  1. Draft a ‘complaint petition’ to the Chief Metropolitan Magistrate(CMM) for an offence committed against your client named “A” of 24, Khilji Road, Shyamoli by some unknown assailants abetted by “B” of the same area that caused serious injury to your client. What are the relevant papers necessary to prove the case? Explain. 08+02=10
  2. Mr. “A Rahim” is a renowned banker. He is working with the clients for distributing loan. “Abdullah” took loan of an amount of Tk.1 lakh for a period of 1-year that should be paid through 12-installment comprising of Tk.12,000 (twelve thousand) per month including the interest. Abdullah failed to pay 3-installments consecutively. You are appointed as the counsel of the bank. How could you recover the loan? Draft a plaint addressing to the appropriate court. You may use imaginary names, addresses and facts, if necessary. 10
  3. “A” is a popular politician. He was elected as M P and went to join in the parliament. He is from the opposition. He had an enmity with the Government. The Government ordered its police force to arrest and detain the person under the Special Powers Act, 1974. Draft a habeas corpus writ petition to the proper Court mentioning specific legal provisions challenging the detention order. How long may a detention order be in operation? 10
  4. Distinguish between ‘narazi’ petition and ‘discharge’ petition. Whether appeal or revision is allowed, if narazi petition is rejected? “A” was arrested by police on suspicion of his involvement in militancy. “A” produced before the concerning Magistarte for cognizance. You are appointed as a Lawyer for “A”. What steps should you take and how could you place your arguments before the Court? Draft a petition in respect of the above facts. 02+02+06=10

                                                                                                   (continuation-page-01)

  1. “A” is a famous singer in Bangladesh. She signed on a contact with “B”’s company on 24-14-2008 that she will perform for a period of one year, with a payment of T/-3 lakh, on various stage show organized by the company. After passing six months of time, she refused to perform. It was found that she is going to perform for “C’s company with a higher amount of payment. How could you enforce the contract in favour of “A”? Apply to the proper court in this regard mentioning specific provisions of Law. 10

 

  1. 6. “Mr. Raihan’ is a school teacher. He was appointed as a headmaster of “Bibiana” High School on 14.04.2006. Later on, a dispute arises with the school committee on monetary transaction. The school committee suspended him on the allegation of corruption. ‘Raihan’ challenged the suspension order and lodged a declaration suit against the school committee. He alleged in his petition that the suspension order was politically motivated. Draft a petition on the above dispute to the proper Court as the counsel of “Mr. Raihan.” 10
  2. “A” is a businessman hailing from Magura. He is involved in Garments business. He purchased various types of dresses from Bangabazar, Dhaka and sent that through a transport Company. The scheduled date for receiving the goods at Magura was 15.02.2010. Unfortunately the goods were not delivered to “A” within the scheduled time. He came to know from reliable sources that the goods were eventually lost due to robbery held on a covert van of the transport company. It is mentioned in the receipt of the transport company that “company shall not be liable for any loss due to robbery, dacoity, natural disaster etc.” You are an advocate by practicing. Advice “A”. 10

 

  1. Rahim took loan from House Building Finance Company (HBFC) of an amount fo Tk. 10 lakh. It was mentioned in the loan documents that the amount will be paid with in next 10 years with an amount of Tk.1000 per month through installments. It was further mentioned that if the borrower/ debtor fails to pay any installments, the HBFC may take legal actions to recover the loan. Mr Rahim paid 5 installments consecutively. He did not pay 3 installments after the 5th. The company did not issue any notice to him. Mr. Rahim continued to pay installments irregularly. Suddenly he received summon on 14.02.2010 from the Court that a suit is filed against him to recover the loan. He paid an installment in the previous month before receiving summon. Mr. Rahim came to you for your suggestions. Advice him. If the HBFC appoints you an advocate to recover the money what steps will be taken by you? Discuss. 10

 

  1. Artha Rin Adalat, Jessore issued a warrant against A, B, C and D in a Artha Rin execution Mamla no. 636/08 in favour of Janata Bank. “A” was the judgement debtor and “B” and “C” is the guarantor whereas “D” was included in the suit as his father died who was a guarantor that was denied by D saying that his father’s name and signed is falsely mentioned in the loan deed. The suit is now on execution stage. “D” wants to get bail. The other parties also came to you for your advice. Suggests them. 10

 

  1. Karim was arrested by police and subsequently landed in the jail. The allegation against him was that he is a member of dacoits who looted an amount of Tk.50 lakh infront of Rangs tower on 20.01.2008. An amount of tk.30 thousand was recovered from his custody. Karim is a small grocer who had no records of previous crime. He is in jail for the last 22 months. He was remanded and made confessional statements before the Magistrates. The trial has not yet been started as other accused were absconded. State your arguments in favour of karim to release him from the custody. 10

 

  1. Draft a power of attorney following relevant provisions of Law. You may use imaginary name and addresses as necessary thereof.

 

  1. What are the various types of mortgage? Whether the registration of a mortgage is compulsory? What is the difference between mortgage and pledge? Explain.

 

 

  1. What Laws to be followed for preparing of a sale deed regarding an immovable property? Draft a sale deed in respect of an immovable property.

 

  1. State the shortcomings of an agreement. Identify the loopholes of various laws for the effective implementation of an agreement.

 

  1. What is the difference between bailable and non-bailable offence? Mention appropriate provisions of law for filing bail petition. Draft a bail petition for a non-bailable offence. 4+4+4.5=12.5

 

  1. What do you mean by “Condonation of delay”? In what kind of cases an application for condonation of delay can be filed? Draft an application for Condonation of delay. 4+4+4.5=12.5

 

  1. If person is disposed from immoveable property, what are the provisions in the SR Act to get recovery of possession in the said property? Discuss with reference to the relevant provision of SR Act. And prepare necessary draft as per provisions of law. 4+4+4.5=12.5

 

  1. ‘A’ had a piece of land in his possession which is his paternal property. He was disposed by ‘B’ who claimed the land by way of purchase from the co-sharer. ‘A’ states that the deed is fake. Advise ‘A’ and prepare necessary draft as per provisions of law. 12.5

________________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

  1. The Limitation Act, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

________________________________________________________________________

 

  1. Environmental Law
  1. What do you understand by ‘Environment’? What are the sources of International Environmental Law? Name ten important environmental Laws of Bangladesh. 02+03+05=10
  2. Discuss different stages of the development of International Environmental Law. 10
  3. 03. Explain the following: 05x02= 10

(a) Agenda 21;

(b) Environment and Environment Appellate Tribunal;

  1. Explain the different principles of International Environmental Law on the promotion and Protection of environment with case references. 10

Group-A (any two)

 

  1. Make a comparative study of the “Copenhagen Conference deal 2009” with the “Kyoto Protocol, 1997”. Why the state parties failed to reach in a consensus on binding treaties over climate change? Discuss. 07+03=10

 

  1. What do you understand by ‘bio-diversity’? Explain the salient features of the Bio-diversity Convention, 1992 in brief. 04+06=10

 

  1. State the historical background of the “Climate Change Convention, 1992” in short. What measures were taken in 1992 for the protection and conservation of environment? Discuss. 04+06=10

 

  1. Explain the different principles of International Environmental Law on the promotion and Protection of environment with case references. 10

 

Group-B (any four)

 

  1. 05. Explain the following: 05x04= 20

 

(a) Climate refugee;

(b) In-situ and ex-situ conservation;

(c) Green House Gas;

(d) Wetland;

(e) Dessertification;

(f) Water politics/ diplomacy;

 

  • Discuss the evolution and development of international environmental law.
  • What laws are relevant to the environment in Bangladesh? Give a short description of the environmental laws of Bangladesh.
  • What is the source of international environmental law? Discuss the principles of international environmental law with case references.
  • Write short notes-
  • In-situ and ex-situ preservation;
  • Climate Change convention and the concept of climate refugees;
  • Environment Court and Environment Appellate Court;
  • Wetland preservation and Modhumoti Model Town Case;
  1. Discuss the historical background of the evolution and development of International Environmental Law. Why International Environmental Law is significant in the contemporary world? 9+3.5=12.5
  2. Narrate the sources of International Environmental Law. How International Environmental Law is incorporated in Bangladesh? 10+2.5=12.5
  3. State the principles of International Environmental Law with illustrations.
  4. What Laws are available in Bangladesh for the promotion and protection of environment? What remedies are available for the violation of environmental laws? 8+4.5=12.5
  5. Why climate change is an important global issue? Make a critical study of the International treaties on climate change. How Bangladesh may be affected by Climate Change? 3+7+2.5=12.5
  6. Write short notes- 3+3+3.5+3=12.5
  • CITES;
  • Biodiversity convention;
  • Wild Life Preservation Act, 2012;
  • Modhumoti Model town Case;

 

  1. Explain the principle of “common but differentiated responsibility”. 12.5  

 

  1. Explain the nature of Global Climate Change. What are the consequences of Global Warming? 6.5+6=12.5

 

  1. Discuss the basic features of the Kyoto Protocol-1997. 12.5

 

  1. What are the objectives of UNFCCC? What are the commitments set out for all members of UNFCCC? 6+6.5=12.5

 

  1. How will you evaluate the provisions of CITES for regulating the international trade of endangered species? 12.5

 

  1. Write Short Notes on any three of the following: 12.5

(a) CBD;

(b) In-situ conservation;

(c) Agenda 21.

(d) Ecologically Critical Area;

(e)  Hazardous Waste.

 

_________________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

___________________________________________________________________________

  1. International Laws of Natural resources

 

  1. What do you understand by ‘natural resources’? State the different regimes of natural resources in brief. How the destruction of natural resources impacts on our existence? Discuss. 02+05+03=10

 

  1. Make a critical study of the ‘UN General Assembly Resolution on Permanent Sovereignty over Natural resources, 1962’ in brief. To what extent the natural resources of occupied Arab states are protected by UN? Discuss. 05+05=10
  2. (a) Do you think the right of indigenous people’s over natural resources be protected? Give arguments in favor of your reply. 05

(b) State the salient features of the ‘Convention on Fishing and Conservation of Living Resources of the High Seas’ 1958, highlighting its dispute resolution mechanisms.  05

  1. 03. Make a critical study of national and international Laws on a co-riparian countries right over Common River and water courses. Do you support the ongoing construction of ‘Tipaimukh dam” by India over ‘Borak’ river? Explain your arguments. 07+03=10
  2. Explain the following principles with case references, if any: (05x02=10)

(a) No harm principle;

(b) Polluter pays principle and Extended polluter responsibility (EPR);

 

  1. How may ‘wild life’ be preserved in Bangladesh? Illustrate your answer in the light of the Forestry Act, 1923, “CITES-1973” & the ‘Bangladesh Wild Life Preservation Order, 1973’.
  2. Explain the following: 04x2.5=10

(i) Global warming;

(ii) Ramsar convention;

(iii) Common heritage;

(iv) Rights of a newly emerged country over natural resources.

  1. What do you mean by Utilitarian in regard to using natural resources for the process of accumulation of capital and wealth at individual and national levels? Why we need to use some form of distinctive justice system to ensure meaningful liberty and economic empowerment for all irrespective of race, religion and gender?

 

  1. What do you mean by venture Capital (VC)? Do you think that wide use of VC may be destructive to the process of protection of natural resources? How to regulate the use of VC in a way that it would not be destructive to the ecological balance of the nature both at national and international levels?

 

  1. Do you think that massive urbanization and extensive industrialization is a threat to the ultimate rational use of natural resources? Give your suggestions or recommendations to change the existing international legal and political regimes to make regional economic organizations conducive to the preservation of natural resources?

 

  1. Describe the main features of the UNCLOS (United Nations Convention on the Law of the Sea). What are the different ways we as a nation can use UNCLOS to determine and safeguard our maritime boundaries? Explain some of your recommendations that you might have to resolve disputes with India and Myanmar over our maritime boundaries.

 

 

_____________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

__________________________________________________________________________

  1. Consumer Protection Law

 

 

  1. State the evolution of the consumer rights protection Law in brief. What are the common aspects of consumer protection? Discuss. 07+03 =10
  2. Who is a consumer? How is the right of a consumer ensured in Bangladesh? Explain. 03+07=10
  3. (a) What are the institutions working for the protection of a consumer under the Consumer Rights Protection Act, 2009. 05

(b) How is ‘service liability’ ensured in Bangladesh?     05

  1. (a) Make a comparative study on ‘remedies’ and ‘liabilities’. 05

(b) State the role of various religions in protecting consumer rights with special reference to Islam.    05

Question 1.

 

Who is a consumer? Give a brief description of the various Consumer Protection Laws of Bangladesh.                                2.5+ 10=12.5

 

Question 2.

 

How may consumer rights be protected in Bangladesh? Make an evaluation of the product safety Laws of Bangladesh. 04+8.5=12.5

 

Question 3.

 

Briefly narrate the historical background of the consumer protection Laws with religious provisions.  Discuss the steps taken by various international organizations to protect consumer rights.  04+08.5=12.5

 

Question 4. (Explain the following with examples)  03+03+03+3.5=12.5

 

(a) Drug Court ; (b) BSTI and its functions; (c) Claims Tribunal; (d) Mobile Court.

  1. Discuss the laws on ‘Consumer Rights Protection’ in short.           5

 

  1. How ‘Consumer Rights Protection’ laws of Bangladesh may be made more effective? Elaborate your answer with examples. 5

 

  1. Define the term ‘Consumer’ and ‘Consumer Rights’. Describe the existing ‘food safety’ laws of Bangladesh in brief. 4+8.5=12.5

 

  1. State the provisions of various laws of Bangladesh to ensure ‘safety’ and ‘security’ in transport, medical, telecommunication, real estate services of Bangladesh. 5

 

  1. Narrate the functions of various Institutions, Courts and Tribunals in ensuring Consumer rights in Bangladesh. 5

 

  1. Make a comparative study of ‘United Nations Guidelines for the protection of Consumer Rights’, 1985 (as expanded in 1999), the EU Directives on Unfair Commercial Practices,2005 and the laws of the Sub-Continent on Consumer Rights Protection. 12.5

 

 

_________________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

____________________________________________________________________________

 

  1. The Penal Code, 1860 or Law of Crimes

 

  1. (a) Who is an abettor? What is the difference between abetment and criminal conspiracy?                 2+3=5

(b) State the provisions of the penal Code on sedition and waging of war.       05

 

  1. (a) Define rape. What is the difference between rape and adultery? 02+03

(b) Distinguish between theft and house breaking.                                         05

  1. Discuss the provisions of culpable homicide and murder under the Penal Code, 1860. Distinguish between abetment to suicide and commit suicide according to the Penal Code, 1860.                                  8+2= 10

 

  1. (a) Distinguish between false statement and false evidence. 05

(b) State the provisions of kidnapping, abduction and trafficking in brief.                05

  1. (a) What is grievous hurt? Distinguish between hurt and injury. 04+01=5

(b) Distinguish between wrongful restraint and wrongful confinement.        05

  1. Give your opinion with relevant provisions of Law on the following problems:

(a)  “A” caused as many as nine injuries to “B” with a knife. One of these was an incised wound cutting the trachea at the middle with air coming out and according to medical opinion it would ordinarily cause death but “B” survived. Whether “A”will be liable for attempt to murder or any other offence?                                                                        05

(b) “A” appears as a witness before “Z”, a Magistrate.”Z” says that he does not believe a word of “A”s deposition and that “A” has perjured himself. “A” is moved to sudden passion by these words and kills “Z”. Whether “A” has commited any offence,if yes how you will defense him?                                                                                                   05

  1. 7. (a) Explain the provisions of the Penal Code on criminal breach of trust and criminal misappropriation of property. 07

(b) Write short notes on extortion, robbery and dacoity.                                      

  1. a) Define extortion and state its punishment. 3+3+3+3.5
  2. b) Define dishonest misappropriation and state its punishment.
  3. c) Define criminal breach of trust and state its punishment.
  4. d) Distinguish between dishonest misappropriation and criminal breach of trust.

 

  1. a) Define robbery and dacoity with mentioning the elements of dacoity. 4+4+4.5
  2. b) State the distinction between robbery and dacoity.
  3. c) What are the various punishments for committing robbery and dacoity?

 

  1. a) Define defamation with related exceptions and explanations. 6+2+4.5
  2. b) State the punishment of defamation.
  3. c) Discuss the elements and defenses of defamation.

 

  1. a) What are the offences relating to marriage and illegal cohabitation? 5+4+4
  2. b) Define criminal trespass, house trespass and house breaking.
  3. c) What are the various punishments for committing trespass?

 

  1. a) Define criminal intimidation and public mischief. 4+4.5+4
  2. b) What are the various crimes and their punishments relating to criminal intimidation, insult and annoyance?
  3. c) What is the punishment for attempt of committing offence?

 

  1. Write short notes on:
  2. a) Cheating b) Mischief      c) Forgery                      5+4+4
  1. Discuss the provisions of culpable homicide and murder under the Penal Code, 1860. How may a person be punished for suicide, abetment to suicide and committing suicide?                                                             10

 

  1. (a) Distinguish between false statement and false evidence. 05

(b) Distinguish in between kidnapping, abduction and trafficking.                05

 

  1. (a) Who is an abettor? What is the difference between abetment and criminal conspiracy? 2+3=5

(b) State the provisions of the penal Code on sedition and waging of war.   05

 

  1. (a) Define rape. What is the difference between rape and adultery? 02+03

(b) Distinguish between theft and house breaking.                                         05

 

  1. (a) What is grievous hurt? What is the punishment for committing grievous hurt with sharp weapons?                                                                       04+01=5

(b) Distinguish between wrongful restraint and wrongful confinement.        05

  1. Give your opinion with relevant provisions of Law on the following problems:

(a)  “A” caused as many as nine injuries to “B” with a knife. One of these was an incised wound cutting the trachea at the middle with air coming out and according to medical opinion it would ordinarily cause death but “B” survived. Whether “A”will be liable for attempt to murder or any other offence?

(b) “A” appears as a witness before “Z”, a Magistrate.”Z” says that he does not believe a word of “A”s deposition and that “A” has perjured himself. “A” is moved to sudden passion by these words and kills “Z”. Whether “A” has commited any offence,if yes how you will defense him?

  • What do you understand by the term ‘General -exception’ in penal code of Bangladesh? Discuss these General –exceptions with illustrations.
  1. If anyone claims that his misdeed is of general- exception, who would be liable to prove his innocence?
  2. A doctor in good faith informed his patient that he (the patient) would die soon. Hearing the ill-news, the patient died in spot for respiratory problem which was very rising and he was a chronic-patient. Discuss the problem with the related section.(1+6+1++4.5)
  • What constitutes the offence of criminal conspiracy?
  1. When the offence of conspiracy is marked to be completed?
  2. Distinguish between criminal conspiracy and abetment. (3+5+4.5)    
  • Sketch out the sharp sense of abetment? Who is an abettor?

b.What are the reasons for enactment of so many sections to punish the abettor and the abetted person?

  1. ‘A’ instigates ‘B’ to murder ‘C’. ‘B’ in consequences puts poison in ‘C’. But ‘D’ has kicked the bucket (died) after eating ‘C’s food mistakenly. What type of offence has been committed in this case. (5+2+5.5)
  • Discuss the requirements of an unlawful assembly to be occurred.
  1. When does a lawful assembly become an unlawful one? Discuss it with the punishment.     (5+2+5.5)                              
  • Define and distinguish between culpable homicide and murder.
  1. Scrutinize the exceptions for which an offender may evade the responsibilities of murder pointing a relevant case.   (07.50+5)                                                                               
  • Write short notes on-
  1. Thug; b. Affray;      c. Rioting;  D. Death-sentence.      (3+3+3+3.5)
  2. (a) Who is a “Judge” according to Penal Code?                                       04

                (b) When an act of a Judge is not an offence? Is the act done in pursuant to the Judgment or order of a Court an offence?                                                                                                      06

                (c) A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murderers in the act, seizes Z, in order to bring Z before the proper authorities. Has A committed an offence?                                                                                                                                                          2.5

  1. (a) What do you mean by “Right of private defence of the body and of property”?            04

            (b) When the right of private defence of the body and of the property extend to causing death?     06

           (c) Explain the right of private defence against deadly assault when there is risk of harm to innocent person.                                                                                                                                                            2.5

  1. (a) What do you mean by “Abetment of a thing”?                                                                      04

           (b) Discuss the term “Abettor” with explanation and illustration.                                            06

                  (c) What is the liability of the abettor when one act abetted and different act done?        2.5

  1.     (a)  Define “Sedition” with its punishment.                                                                                    06

                 (b) What is the punishment for condemnation of the creation of Bangladesh and advocacy of abolition of its sovereignty?                                                                                                                                               04

                (c) What is the punishment for waging or attempting to wage war or abetting Waging of war against Bangladesh?                                                                                                                                   2.5

    

 

 

  1. What is the punishment for the following offences-                                                                  12.5

                 (a) Injuring or defiling place of worship with intent to insult the religion of any class.

                (b) Uttering words, etc. with deliberate intent to wound religious feelings.

                (c) Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

               (d) Disturbing religious assembly.

  1. (a) Define criminal conspiracy and state the punishment for it.                                           06

             (b) What are the distinctions between common intention and common object?                          6.5

 

 

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  1. Bangladesh Studies

 

  1. “Right to information is a constitutional guarantee”-Explain. How development of Bangladesh may be ensured?
  2. Make a brief history of the establishment of NGOs. How the NGOs of Bangladesh can be divided? Write down the functions of the development NGOs in brief.
  3. “Environment is the burning issue of the contemporary world”-Explain in the light of the existing laws of Bangladesh including the protection and conservation measures of environment mentioned thereof.
  4. Discuss and distinction the facts and judgments of the “BELA vs. Bangladesh” (Writ Petition No. 4604 of 2004) and “Modhumoti Model Town vs. Chairman, Rajuk & Others (Writ petition No. 5103 of 2003).
  5. “Food, agricultural and consumer protection Laws of Bangladesh are adequate”-Illustrate. How Mobile Courts can take action to prevent adulteration of food?

 

  1. “It is the fundamental responsibility of the state to ensure rule of law”- Explain. Make a commentary on the activities of the NGOs working in the legal arena of Bangladesh.
  2. Define corruption. Write down the provisions of corruption under the Emergency Powers Rules. Why Emergency Provisions was inserted in our constitution?
  3. What do you mean by ‘jurisdiction?’ What are the various types of jurisdiction? Write down the jurisdiction of the higher courts of Bangladesh in brief.
  4. Discuss the provisions of corruption under the various laws of Bangladesh. What are the loopholes of those laws in trying an offence of corruption?
  5. Make a commentary on the various forms of government came to the power of Bangladesh. Why the provisions of Non-Party Caretaker Government in our constitution are peculiar in nature?
  6. State the jurisdiction of the various types of subordinate courts of Bangladesh in brief.
  7. Write down the role of the NGO’s in poverty alleviation of our country. Which laws of our country regulates the functions of NGO’s?
  8. Define corruption. Write down the provisions of corruption under the Emergency Powers Rules. Why Emergency Provisions was inserted in our constitution?
  9. Discuss the provisions of corruption under the Anti-Corruption Commission Act, 2004 and Anti-Corruption Commission Rules, 2007. What are the loopholes of those laws in trying an offence of corruption?
  10. Make a commentary on the various forms of government came to the power of Bangladesh. Why the provisions of Non-Party Caretaker Government in our constitution are peculiar in nature?

 

  1. How Aristotle and Lea Cock categorically defined various forms of Government? Sketch a diagram of the various types of Law.

Q.1. What do you mean by Bangladesh?

Q.2. What is fundamental right? How fundamental right may be protected?

Q.3. What are the various types of NGO’s in Bangladesh?

Q.4. What are the fundamental principles of State policy?

Q.5. Write down the name of five NGO’s working in the Legal arena of Bangladesh.

Q.6. Write down the name of five NGO’s working in the development sectors in Bangladesh.

Q.7. What is corruption?

Q.8. What may try an offence of corruption and how?

Q.9. Who may declare a state of emergency and how?

Q.10. How many times emergency were declared in Bangladesh? 

Q.11. What are the various types of Governemnt that came to the power in Bangladesh?

Q.12. Do you believe that the Non-party caretaker Government is undemocratic?

Q.13. How many times the constitution was amended? Which amendments insert the provision of emergency?

Q.14. What is the highest punishment for corruption?

Q.15. How the ACC will be constituted?

 

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  1. Legal System of Bangladesh

 

  1. 01. “No Supreme Court is in existence except the Appellate Division (AD) and the High Court Division (HCD)”-Explain in respect of the functions and jurisdictions of both the divisions.

 

  1. 02. “Except the ordinary Courts of Bangladesh, some special Courts are also exercising their jurisdictions on many civil and criminal matters”-Explain the statement after mentioning names, powers and jurisdictions of at least five Special Courts of Bangladesh.
  2. Explain the following legal terms:
  • Bail;
  • FIR and GD;
  • Punishment and theories of punishment;
  • Inquiry and investigation;
  • Police remand.
  1. 04. “A trial in criminal case starts with the submission of charge sheet or framing of charge and concludes with the pronouncement of judgement”-Illustrate the statement following the provisions of the Cr P C, 1898.
  2. 05. State the ordinary proceedings of a civil suit in brief.
  3. 06. Write short Notes on the following:
  • Set off and Counter claim;
  • Resjudicata and res subjudice;
  • Order, decree and judgement;
  • Classification of lawyers;
  • ADR
  1. 01. “No Supreme Court is in existence except the Appellate Division (AD) and the High Court Division (HCD)”-Explain in respect of the functions and jurisdictions of both the divisions.

 

  1. 02. “Except the ordinary Courts of Bangladesh, some special Courts are also exercising their jurisdictions on many civil and criminal matters”-Explain the statement after mentioning names, powers and jurisdictions of at least five Special Courts of Bangladesh.
  2. Explain the following legal terms:
  • Bail;
  • FIR and GD;
  • Punishment and theories of punishment;
  • Inquiry and investigation;
  • Police remand.
  1. 04. “A trial in criminal case starts with the submission of charge sheet or framing of charge and concludes with the pronouncement of judgement”-Illustrate the statement following the provisions of the Cr P C, 1898.
  2. 05. State the ordinary proceedings of a civil suit in brief.
  3. 06. Write short Notes on the following:
  • Set off and Counter claim;
  • Resjudicata and res subjudice;
  • Order, decree and judgement;
  • Classification of lawyers;
  • ADR
  1. “Legal system is consists of institutional, procedural and conceptual aspects”-Explain. Write down the powers and jurisdictions of the supreme Courts of Bangladesh in brief.
  2. Write down the powers, functions and jurisdictions of the following courts of Bangladesh:
  • Labour Court;
  • Labour Appellate Tribunal;
  • Administrative Tribunal;
  • Nari-O-Shishu Nirjaton Damon Tribunal;

 

  1. Make a commentary on legal profession and the existing different types of lawyers in brief. State the functions of Bar Council Tribunal.
  2. “Separation of judiciary is a constitutional mandate that were fulfilled by the Govt. by making four Rules in accordance with the judgement passed in Masdar Hossain case”- Explain.
Answer all the Questions (1x.50=10) * Put tick marks or fill the blank with most appropriate answers;

Q.1. When the Code of Civil Procedure was enacted?

(a) 1898; (b) 1908; (c) 2003; (d) 2006;

Q.2. How may a civil suit start?-

(a) FIR; (b) GD; (c) Petition; (d) Plaint;

Q.3. What do you mean by an ADR?

(a) Assistant Deputy Reader; (b) Assistant DeputyRegistrar; (c) Alternative Dispute Resolution; (d) All Digest Reader;

Q.4. What is Warrant?

(a) An order of arrest; (b) It means search of place; (c) It means taking charge of the property; (d) Both A and B;

Q.5. When the Cr P C was amended last time?

(a) 1898; (b) 2007; (c) 2009; (d) 2010;

Q.6. Who are the parties to a civil suit?

(a) Plaintiff and defendant; (b) Complainant and accused; (c) both A and B; (d) Petitioner and respondent;

;Q.7. Where shall you file a criminal case?

(a) Police station (b) CMM/ CJM Court; (c) Both A and B; (d) High Court Division;

Q.8. What is cause list?

(a) A list of issues; (b) A written text; (c) A list of cases; (d) A case register with list of suits and other petitions;

Q.9. What is the basic difference between summon and warrant-

(a) There is no difference; (b) Summon is issued by police but warrant is issued by Court; (c) Summon directs a person to appear by himself while warrant orders police to arrest a person and produce him before the Court; (d) Summon is in the Code of Civil Procedure while warrant is in the Code of Criminal Procedure;

Q.10. What is misc. case?

(a) a case with different nature; (b) A suit for recovering money; (c) A suit starts from another suit ; (d) A suit not clearly stated in the Code of Civil Procedure;

Q.11. Who is qualified to be a judge of the HCD?

(a) An Advocate practicing 10 years to the HCD; (b) A judge holding post for 10 years; (c) Both A and B; (d) Not given;

Q.12. Which article of the constitution states of precedence?

(a) 102; (b) 101; (c) 111; (d) 112;

Q.13. Who can be a judge to the Artha Rin Adalat?

(a) Assistant Judge; (b) Sr. Assistant Judge; (c) Joint Dist. Judge (d) Dist. Judge;

Q.14. What is the elaboration of C R O?

(a) Code of Criminal Procedure; (b) Civil order and Rules; (c) Civil Regulation and Order; (d) Civil Rules and Order;

Q.15. What are the various types of writ according to the constitution?

(a) 5 (b) 6; (c) 7; (d) 4;

Q.16. What is the jurisdiction of Joint District Sessions Judge?

Q.17. What is the Jurisdiction of CJM and CMM?

Q.18. What is the elaboration of DLR, MLR and BLD?

Q.19. Under which law the Family Court is set up?

Q.20. How long may a person be arrested in civil prison?

(a) 3 months; (b) 2 months (c) 4 months (d) 6 months;

 

  1. What do you mean by ‘proceedings’? Explain the pre-trial stage of an ordinary civil proceeding in brief.

 

  1. Distinguish between ‘suit’ and ‘case’. State the trial and post-trial stage of an ordinary criminal proceeding in brief.

 

  1. What is a special proceeding? Explain the powers, functions and jurisdictions of the Special criminal Courts in brief.

 

  1. Name the laws essential for both civil and criminal proceeding in Bangladesh. What is the nature of a criminal proceeding? What must be considered by a criminal court before trial? Explain.

 

  1. How could you explain the term ‘separation of judiciary’ in the context of Bangladesh? Write down the essential provisions of the various Rules promulgated/ enacted by the President for the enforcement of the direction given by the Supreme Court in Masdar Hossain

 

  1. Write short notes- (any five)
  • Police Remand
  • Jurisdiction
  • Appeal and Revision
  • Bar and Bench
  • Writ
  • Leave to appeal
  • Election Tribunal and the recent election in Bangladesh.

 

  1. Briefly discuss the jurisdictions of the Supreme Court of Bangladesh.

           12.5

  1. State the various types of Courts in Bangladesh with their jurisdictions.

          12.5

  1. Discuss the reforms of Lord Cornwallis.

           12.5

  1. Write short note on:
  1. Government of India Act.     5+4+3.5
  2. Privy Council;
  3. Federal Court .

 

  1. a) State the initial Charters between“1600-1700”AD.

b)Discuss the factories of British period.

           12.5

  1. a) Discuss the previous condition and impact of Regulating Act-1773.           b)  Discuss the administration of justice in Bangla, Bihar and Orissa.       8+4.5

 

  1. What do you mean by separation of judiciary? How the judiciary of Bangladesh is separated? Explain the Bangladesh Judicial Service Commission Rules, 2007 and the Bangladesh Judicial Service (Pay Commission) Rules, 2007 in brief. 10

 

  1. Who may be appointed as a judge to the subordinate Court and the High Court Division and how? Evaluate the judgement of 8th amendment case and the Masdar Hossain case in brief. 10
  2. What do you mean by proceedings? Which laws of Bangladesh are essential for the proceedings of a civil suit and a criminal case? Explain the pretrial stage of a criminal case in short. 10

 

  1. Distinguish between suit and case. State the various stages of an ordinary civil proceeding in brief.                                                                  10
  2. Write down the power, functions and jurisdictions of the following Courts/Tribunals: 02x05=10
  • Money Laundering Court;
  • Juvenile Court;
  • Nari-o-shishu Nirjatan Damon Tribunal;
  • Acid Tribunal;
  • Special Tribunal;
  1. Write short notes on the following: 5x4=10
  • Examination-in-chief, cross examination and reexamination;
  • Resjudicata and res subjudice;
  • Injunction;
  • Jurisdictions;

 

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  1. Law of Registration and PDR

 

Group-A (any two)

  1. 01. What is the scope of the Registration Act, 1908? Prepare a list of the documents of which Registration is compulsory. What will happen if registration is not made for documents of which registration is mandatory?
  2. 02. When a document may be refused to register by the registry officer? Why ‘place & time’ is essential elements in registering documents? Who may be penalised and how under the Registration Act, 1908?
  3. “The Registration Act 1908 was amended in 2004 and 2006 to make the registration process transparent and accountable”-Explain in the light of the amendment of the Act. Make a list of fees necessary to register a deed of heba, partition and contract for sale respectively.

Group-B (any two)

  1. 04. “PDR Act, 1913 is an essential law to recover Government revenue”-Explain. Write down the provisions on arrest, detention and release under the PDR.
  2. How ‘property’ may be divided into various categories? How a certificate may be filed and property may be attached under the PDR?
  3. Distinguish between certificate and decree. Write down the provisions of PDR on appeal, revision, review, compensation and penalties.
  4. What is the scope of the Registration Act, 1908? Prepare a list of the documents of which Registration is compulsory. What will happen if registration is not made for documents of which registration is mandatory?

 

  1. “Registration office is composed of four posts”- Explain. What are the essential requirements to register a document? When a Registrar may refuse to registrar a document?

 

 

  1. Is there any time limitation to submit a document for registration? Who may submit a document for registration? What is re-registration? Explain the provisions relating to deposit of will.

 

  1. “The Registration Act 1908 was amended in 2004 and 2006 to make the registration process transparent and accountable”-Explain in the light of the amendment of the Act. Make a list of fees necessary to register a deed of heba, partition and contract for sale respectively.
  2. State the importance of Registration Act, 1908. Who shall perform as a ‘Registry Officer’? What is the ‘time limitation’ for the registration of a document? 05+02+03=10
  3. Explain the following- 04x2.5=10

(a) Power of attorney;

(b) Deposit of a will;

(c) Photo Registrar;

(d) Adoption;

  1. Name the documents of which registration is compulsory. What is the consequence of non-registration? When may an oral/ unregistered document get preference over a registered document? Discuss. 06+02+02=10
  2. 04. When may the ‘registry officer’ refuse to register a document? Explain. State the procedures of registration by a ‘registry officer’ in accordance with the Registration Act, 1908. 05+05=10
  3. State the importance of Registration Rules, 1973 for better management of the Registration offices in Bangladesh. What is the difference between “Registered in” and “filed in”? 08+02=10

 

  1. Explain the following- 04x2.5=10

(a) Attachment under the PDR Act and PDR Rules;

(b) Denial of liabilities under the PDR Act, 1913;

(c) Certificate officer;

(d) Civil suit against the order of a certificate officer;

  1. State the various procedures under the PDR Act for recovery of public demands. 10
  2. “The PDR Rules mentioned in Schedule-II of the PDR Act fulfills the gaps of the Act, 1913”- Illustrate your answer with specific references from the PDR Rules.
  3. What do you understand by public demands? What demands under the PDR Act can be recovered without issuing certificates? What are the modes of execution of a certificate? Discuss. 03+02+05=10
  4. 06. When may the ‘registry officer’ refuse to register a document? Explain. Narrate your experience on the academic visit program held on January 06, 2010 to the “Sub-registry” and “ADC” offices of Gazipur district. 05+05=10

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  1. Law of Partnerships, Cooperatives and Societies/ Mercantile Law

 

Group-A

  1. 01. Who is qualified to be a partner? Distinguish between Partnership and Company Acts. Why the Law of Contract is important in a partnership business?
  2. Define partnership. What are the different types of partnership? Write down the rights and liabilities of a partner according to the Partnership Act, 1932.
  3. What are the different types of partnership? How a partnership business may be dissolved? Make a difference between partnership and co-ownership.

 

Group-B

  1. Make an overview of the Societies Registration Act, 1860 in brief.

 

Group-C

  1. Mention the name of various types of cooperatives. Write down the provisions of the cooperatives Societies Act, 2001 on vote, meeting and dispute resolution of a cooperative society.

 

  1. State the provisions of the Co operatives Act, 2001 on mortgage and liquidation. Why bye-laws is important in a cooperative business?-Explain according to the Cooperative Rules, 2004
  2. Who is qualified to be a partner? Distinguish between Partnership and Company Acts. Why the Law of Contract is important in a partnership business?
  3. Define partnership. What are the different types of partnership? Write down the rights and liabilities of a partner according to the Partnership Act, 1932.
  4. How a partnership business may be dissolved? What is the consequence of the dissolution of partnership? Make a difference between partnerships and co-ownership.
  5. Make an overview of the Societies Registration Act, 1860 in brief.

Answer any 4 (four) of the following questions:

 

 

 

  1. a) Define and distinguish between a Bill of Exchange and a Promissory Note.  (4+4.5)
  1. In what different ways may they be dishonoured? (4)
  1. a) Define cheque, Discuss its various kinds. (2.5+4)
  1. How a cheque differs from a Bill of Exchange. (6)
  1. In a contract for sale of goods when the title of property and the risk the goods sold passed from the seller to the buyer? Discuss with example. (12.5)
  2. Who are common carriers? Discuss their rights and duties. To what extent Railways in Bangladesh discharge the duties of common carriers?   (2+6.5+4)
  3. a) What are the different modes in which a partnership firm may be dissolved?  (6.5)
  1. What are the consequences of the dissolution of a Firm. (6)
  1. What is a Bill of Lading? Is Bill of Lading a negotiable instrument? Distinguish between a Charter Party and a Bill of Lading.  (2+2+8.5)

 

 

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  1. Legal Environment of Business or Business Law

 

  1. 01. Who is a worker? State the various types of worker’s and their rights in short. 03+03+09=15

 

  1. Explain the following: 05x03=15

(a) Lock out and layoff;

(b) Leave Rules of a worker;

(c) Compensation of injured labour and the Labour Court;

 

  1. What do you understand by ‘Intellectual Property Law’? How could you address the infringement of intellectual property rights in Bangladesh? Distinguish between ‘plagiarism’ and ‘passing off’. 03+08+04=15

 

  1. “Negotiable instruments cover almost 90% of business transactions”-Explain the statement in the light of Negotiable Instruments Act, 1881 with its various types. What remedies are available in Bangladesh for‘cheque dishonour’? Discuss. 10+05=15

 

  1. What procedures are available in Bangladesh for recovering bank loan? Who may be declared as bankrupt and when? What rights of the bankrupt may be perished due to such declaration? Discuss. 08+04+03=15

 

  1. “The protections of consumers rights are three fold”- Discuss the statement with relevant Laws of Bangladesh.

 

Question 1.

(a) Discuss the relationships between “Law” and “Business” in short.           05

(b) Explain the various types of Contract with examples.                                10

Question 2.

(a) Distinguish between offer and invitation to treat with examples.  05

(b) What remedies are available for the violation of a contract in Bangladesh?Discuss.    05

(c) How may a contract be terminated? Discuss.                    05

Question 3.

(a)  A joined to a bank as a Senior Officer. The bank told “A” to sign on a bond that he will serve at least for two years and if he is dismisses/ discharges/ terminated can not take any help of the Court. Can A violate the contract or take the help of the judiciary afterwards? Discuss.               07.5

(b) “A” is a real estate company. It offers to the public that they will sell floating apartments. A number of people went to the office to know detail plan of the company and its specific date of handover the flats. The Company also informed the buyers that soon they are going to sell apartments in the moon. Do you think it will be a valid contract if the buyers purchase any flat from the company? Give reasons in favour of your answer.                        07.5

Question 4. ((Explain the following with examples)  03x05=15

(a) Bailment & Pledge; (b) Indemnity and guarantee; (c) Types of lawyer in Bangladesh.

Question 1.

(a) Do you think the legal environment of Bangladesh is suitable for business? Discuss.           05

(b) Explain the essential requirements of a contract with examples.                                10

Question 2.

(a) What is bailment? Who may be a bailor or a bailee? Discuss the rights, duties and liabilities of the bailor and the bailee in short.  02+02+06=10

(b) How may a contract be terminated? Discuss.                    05

 

Question 3.

(a)  A proposes to sell his house to B with an amount of Tk.5 lac. He told B to response by the next two weeks from the date of the proposal. B accepts it through a letter within the scheduled time and paid an amount of Tk.1 lac in advance. However, A sold it to C with higher price and registered the deed. Explain the position and legal remedies of the parties.              07.5

(b) “A” is a renowned footballer wanted to play in the Mohammedan club for 2010. He received Tk. 50000 in advance. The same day he was also offered by another Club for playing football in the same season with higher price. The game was about to start but “A” refused to play due to the exclusive offer of the other one. What remedy is available for Mohammedan Club? Explain   07.5

Question 4. (Explain the following with examples)  03x05=15

(a) Agency; (b) Law and types of Law; (c) Offer and invitation to treat.

 

Question 1.

(a) What are the various types of Law? Explain the contents of the legal environment of Bangladesh in short.          03+07= 10

(b) Distinguish between offer and invitation to treat with examples.                     05

Question 2.

 

(a) What remedies are available for the violation of a contract? Discuss.    05

(b) How may a contract be terminated? Discuss.                    05

(c) Explain the various types of contract in short.   05

Question 3.

 

(a)  “A” found a mobile phone inside the classroom after the classes were over. He took it and used by his own. “B” the actual owner of the mobile came to know from reliable sources of the matter. There was Tk.10000 (ten thousand) in his mobile account which had already finished. “B” filed a GD after it was lost. Now, “B” claimed the mobile phone but “A” refused to return. How “B” could execute his right? Explain.            05

 

(b) “A” is a renowned footballer wanted to play in the Mohammedan club for 2010. He received Tk. 50000 in advance on 14.10.2010 from Mohammedan. The same day he was also offered by another Club for playing football in the same season with higher price. The game was about to start but “A” refused to play in favour of Mohammedan due to the exclusive offer of the other one. What remedy is available for Mohammedan Club? Explain                    05

(c) “A” is a real estate company. It offers to the public that they will sell floating apartments. A number of people went to the office to know detail plan of the company and its specific date of handover the flats. The Company also informed the buyers that soon they are going to sell apartments in the moon. Do you think it will be a valid contract if the buyers purchase any flat from the company? Give reasons in favour of your answer.         05                   

Question 1.

 

(a) State the various types of companies in brief.           05

(b) What are the documents and formalities necessary to establish a company? Discuss.                                05

(c) Distinguish between Private Company and Public Company. Is there any difference between Government Company and Statutory Company?     03+02= 05

 

Question 2.

 

(a) Who is a consumer? How may consumers be divided into various types? Discuss.  02+02=04

(b) State the various aspects of the protection of consumer rights in short mentioning names of relevant laws and institutes working thereof.       07

(c) What are the defects of the Consumer Rights Protection Laws? How the Laws be made more effective? Discuss.        02+02=04

Question 3. (Write short notes with examples/ case references on the following)  03x05=15

(a) Appointment and removal of a director;

(b) Lifting the corporate veil and winding up.

(c) Meetings and of its necessary formalities;

Question 1.

(a) Who is a Promoter? How does he works to establish a company? Discuss the necessary formalities and relevant documents essential thereof.              01+02+02= 05

(b) Names the various types of companies and discus their functions in short.                                08

(c) Distinguish between certificate of incorporation and certificate of commencement.  02

Question 2.

(a) What do you mean by Consumer? State the historical background of the consumer rights in short.  02+03=05

(b) How may the rights of a product consumer and service consumer be protected in Bangladesh? Discuss in the light of various laws and institutions existing thereof.                    10

Question 3. (Explain the following with case references/ examples)  03x05=15

(a) Capital and of its various types;

(b) Share, stock and debenture;

(c) Lifting the corporate veil and winding up.

Question 1.

 

(a) Who is a worker? How may workers be divided into various types? Discuss. 01+03=4

(b) Narrate the rights of a worker under the existing laws of Bangladesh. What compensations may be claimed by the injured worker or by his relatives in case of his death ? 05+01=06

 

Question 2.

 

(a) What do you understand by wages? What is the criterion for fixing wages? Explain.  02+02=04

(b) What are the various types of offences and punishments existing under the Bangladesh Labour Act, 2006? 02

(c) Explain the constitutions, powers and functions of the Labour Court and the Labour Appellate Tribunal.        02+02=04

Question 3. (Write short notes with examples/ case references on the following)  04x2.5=10

(a) CBA and Trade Union;

(b) Lay off and Lock Out.

(c) Child Labour;

(d) Negotiable Instruments;

Question 4. (State the constitution, power and functions of the following Courts/ tribunals) 4x2.5=10

(a) Bankruptcy Court;

(b) Tax appellate Tribunal;

(c) EPZ Labour Court;

(d) Artha Rin Adalat;

Question 1.

(a) Who is a worker? How may workers be divided into various types? Discuss. 01+03=4

(b) Narrate the rights of a worker under the existing laws of Bangladesh. What compensations may be claimed by the injured worker or by his relatives in case of his death? 05+01=06

Question 2.

(a) What do you understand by working hour of a worker? What is the criterion for fixing working hours? Explain.  02+02=04

(b) Discuss the meaning of termination, dismissal, retrenchment and discharge of a worker under the Bangladesh Labour Act, 2006.  02

(c) State the provisions of offence and punishments under the Bangladesh Labour Act, 2006.        02+02=04

Question 3. (Write short notes with examples/ case references on the following)  04x2.5=10

(a) Leave Rules of a worker;

(b) Lay off and Lock Out.

(c) Available remedies for cheque dishonour;

(d) Negotiable Instruments;

 

Question 4. (State the constitution, power and functions of the following Courts/ tribunals) 4x2.5=10

(a) Labour Court;

(b) Arbitration Tribunal;

(c) Customs Appellate Tribunal;

(d) Taxes Appellate Tribunal;

Question 1.

(a) What do you understand by contract? State the various types of contract with examples. 02+5=7

(b) Explain the essential requirements of a contract with examples.                    08

Question 2.

(a)  A proposes to sell his house to B with an amount of Tk.5 lac. He told B to response by the next two weeks from the date of the proposal. B accepts it through a letter within the scheduled time and paid an amount of Tk.1 lac in advance. However, A sold it to C with higher price and registered the deed. Explain the position and legal remedies of the parties.              05

 

(b) “A” is a renowned footballer wanted to play in the Mohammedan club for 2010. He received Tk. 50000 in advance. The same day he was also offered by another Club for playing football in the same season with higher price. The game was about to start but “A” refused to play due to the exclusive offer of the other one. What remedy is available for Mohammedan Club? Explain   05

 

(c) “A” is an amateur photo collector went to Bengal Gallery on an exhibition. He found an excellent art work and expressed his desire to purchase it. The artist agreed to sell it at Tk.5 lac. “A” gave him a cheque as the price of the artwork and requested him to handover the photograph on the next day. “A” went to the gallery for collection of the photograph but the artist refused to sell it and told him to get back the cheque. What remedies is available to “A”? Explain. 05

 

Question 3. (Explain the following with examples)  4+4+4+3=15

(a) Bailment; (b) Termination of a contract; (c) Offer and invitation to treat; (d) Courts of Bangladesh;

Question 1.

 

(a). Explain the various types of companies in short.                     05

(b) Discuss various types of share capital in short.    05

(c) Distinguish between share and stock. What is the procedure of issuance of share? 2+3=                    05

Question 2.

(a) What do you mean by ‘consumer’? Explain rights of a consumer in short.               2+3=05

(b) State the various aspects of consumer protection in the context of Bangladesh                       05

(c) Identify problems of the existing consumer protection laws. Suggest your recommendations to solve those problems. 02+3=05

 

Question 3. (Explain the following with examples)  5+5+5=15

(a) Who is a promoter? What are the formalities to establish a company? 1+4=5

(b) How may a director be appointed? Explain.                      05

(c) Explain the term ‘lifting the corporate veil’. Who may declare winding up and when? 2+3=5

Answer any four of the following questions:                                                    10x4=40

 

  1. Name the different types of companies in brief. Distinguish between public company and private company. Write down the provisions of the Company Law regarding appointment and removal of directors.
  2. Who is a worker? What are the different types of workers under the Bangladesh Labour Act, 2006? Write down the rights of a child, adult and woman worker under the various laws in brief.
  3. What are the different types of Negotiable Instruments? State the essential requirements of a negotiable instrument. How a suit for cheque dishonor can be filed with fulfillment of all the formalities?
  4. Distinguish between consumer and buyer. State the provisions of the various Laws of Bangladesh protecting rights of a consumer.
  5. Who may be declared as a bankrupt? What should be the duties of a receiver? State the functions of the following courts/ tribunals in brief-
  6. Artha Rin Adalat, 2003
  7. Money Laundering Court, 2002 (2008)
  8. Bankruptcy Court, 1997
  9. Arbitration tribunal, 2001

 

  1. Write short notes on the following- (any four)
  • Winding up
  • Labour Court
  • Minimum wages and compensation
  • Memorandum of association and Articles of Association
  • Share and stock
  • Capital of a company

 

Answer all the Questions (1x20=20) * Put tick marks or fill the blank with most appropriate answers;

Q.1. The Company matters are mainly regulated by the Company Act, 1994 except-

(a) Banking companies; (b) Foreign companies; (c) Private companies; (d) Subsidiary companies;

Q.2. The word Limited (Ltd.) must be mentioned for-

(a) Private Companies; (b) Public Companies; (c) Private and public companies; (d) Non-profit companies;

Q.3. A company is a legal person that was established by-

(a) Solomon vs. Solomon; (b) Statute; (c) Tort Law; (d) Donoghue vs. Stevension;

Q.4. How the East India company was established?

(a) by  gazette; (b) by notice; (c) by charter; (d) by statute;

Q.5. Which of the statements is true?

(a) A share is a portion of loan; (b) A debenture holder is a lender; (c) A shareholder shall enjoy interest; (d) A company can never be replaced;

Q.6. A consumer has some rights e.g.

(a) Right to speech; (b) Right to food; (c) Right to know; (d)Right to service ;

Q.7. A debenture is-

(a) security; (b) documents containing terms and conditions of loan; (c) mortgage; (d) None of A, B and C; (e) All of A, B and C;

Q.8. Consumer is of-

(a) 2 types; (b) 3-types; (c) 5-types; (d) many types;

Q.9. Which of the following Court/ tribunal can ensure service liability-

(a) Mobile Court; (b) Claims Tribunal; (c) Special tribunal; (d) The Food Special Court;

Q.10. Which of the following company shall be established by Special law–

(a) Holding companies; (b) Public companies; (c) Government owned companies; (d) statutory companies;

Q.11. How the BSTI is gaining revenue?

(a) by the MOA; (b) by issuing trademarks; (c) by the Resolution; (d) by issuing label

Q.12. Where shall you apply for registration of trademarks?

(a) Registrar of the Joint-stock companies and firms; (b) Registrar of Trade marks; (c) Court; (d) Government; (e) Sub-registrar’s office;

Q.13. What provisions of Islam are not mentioned in our consumer law to protect rights of the consumer?

(a) It is weight and measurement;

(b) It is halal and haram;

(c) It is smuggling;

(d) It means counterfeit;

 

Q.14. Which of the following company can protect the rights of the investors in the best way?

(a) Non-profit company; (b) Holding Company; (c) Company Limited by share; (d) unlimited company; (e) company limited by guarantee;

Q.15. Who will get priority over others?

(a) Shareholder over debenture holder; (b) director over all other parties; (c) debenture holder over shareholder; (d) Promoter above all;

Q.16. When there is no difference between buyer and consumer ?

(a) If products used for consumption;

(b) There is always a difference;

(c) When any person purchase goods for re-sale to be self-employed;

(d) If service is purchased;

Q.17. How many aspects are there in to protect rights of a consumer?

(a) 2 (b) 3, (c) 4 (d) 5;

Q.18. Can you file a criminal case directly to the police station for protecting rights as a consumer?

(a) Yes, (b) No, (c) Not given, (d) Depends upon the consumer;

Q.19. What is the highest authority to protect rights of a consumer?

(a) Consumer Department, (b) Consumer Court, (c) Mobile Court (d) National Consumer rights Council;

Q.20. Which of the following law is applicable in Bangladesh to protect rights of the consumer?

(a) UN Guidelines for the protection of consumer rights; (b) EU Unfair commercial Trade Practices; (c) Consumer Rights Protection Ordinance, (d) Consumer Rights Protection act.

Answer all the Questions (1x20=20) * Put tick marks or fill the blank with most relevant answers

Q.1. The Company matters are mainly regulated by the Company Act, 1994 except-

(a) Banking companies; (b) Foreign companies; (c) Private companies; (d) Subsidiary companies;

Q.2. The word Limited (Ltd.) must be mentioned for-

(a) Private Companies; (b) Public Companies; (c) Private and public companies; (d) Non-profit companies;

Q.3. A company is a legal person that was established by-

(a) Solomon vs. Solomon; (b) Statute; (c) Tort Law; (d) Donoghue vs. Stevension;

Q.4. What is the status of a director in a company?-

(a) Agent; (b) Trustee; (c) Employee; (d) All of A, B and C; (e) None of A-D;

Q.5. The first time directors shall (be replaced in every)-

(a) 2 years; (b) 3 years; (c) 4 Years; (d) never be replaced;

Q.6. A share can be converted into stock when –

(a) Partially paid; (b) Permission of SEC is taken; (c) fully paid-up; (e) Subscribed by the share-holders;

Q.7. A debenture is-

(a) security; (b) documents containing terms and conditions of loan; (c) mortgage; (d) None of A, B and C; (e) All of A, B and C;

Q.8. A meeting is of-

(a) 2 types; (b) 3-types; (c) 4-types; (d) many types;

Q.9. An extra-ordinary meeting can be convened by-

(a) the company; (b) the shareholders; (c) the directors; (d) Joint-stock registrar;

Q.10. A statutory meeting is compulsory for–

(a) Holding companies; (b) Public companies; (c) Government owned companies; (d) statutory companies;

Q.11. Who may appoint a director when the post is vacated for death?

(a) Shareholders; (b) Promoters; (c) Court; (d) Government; (e) Third Parties; (f) Directors;

Q.12. Which of the following statements is true?

(a) All companies are established by the Company Act, 1994;

(b) All companies must submit MOA and AOA for registration;

(c) There is no difference between dividend and interest;

(d) Share is a portion of profit;

Q.13. What are the various types of preference share?

(a) 3 types; (b) 4 types; (c) 6 types; (d) 8-types;

 

Q.14. Who may declare dividend?

(a) Government; (b) Shareholders, (c) Directors; (d) Court;

Q.15. The person who is appointed to prepare the assets and liabilities lists of the company during winding up is known as-

(a) Receiver; (b) Liquidator; (c) Administrator; (d) Attorney;

Q.16. What are the requirements to be appointed as a director?

Q.17. What rights can be enjoyed by the Promoters?

Q.18. Distinguish between share and debenture.

Q.19. What are the requirements of a valid meeting?

Q.20. Distinguish between share warrant and share certificate.

Answer all the Questions (1x20=20) * Put tick marks or fill the blank with most relevant answers

Q.1. The Company matters are mainly regulated by the Company Act, 1994 except-

(a) Banking companies; (b) Foreign companies; (c) Private companies; (d) Subsidiary companies;

Q.2. The word Limited (Ltd.) must be mentioned for-

(a) Private Companies; (b) Public Companies; (c) Private and public companies; (d) Non-profit companies;

Q.3. A company is a legal person that was established by-

(a) Solomon vs. Solomon; (b) Statute; (c) Tort Law; (d) Donoghue vs. Stevension;

Q.4. What is the status of a director in a company?-

(a) Agent; (b) Trustee; (c) Employee; (d) All of A, B and C; (e) None of A-D;

Q.5. The first time directors shall (be replaced in every)-

(a) 2 years; (b) 3 years; (c) 4 Years; (d) never be replaced;

Q.6. A share can be converted into stock when –

(a) Partially paid; (b) Permission of SEC is taken; (c) fully paid-up; (e) Subscribed by the share-holders;

Q.7. A debenture is-

(a) security; (b) documents containing terms and conditions of loan; (c) mortgage; (d) None of A, B and C; (e) All of A, B and C;

Q.8. A meeting is of-

(a) 2 types; (b) 3-types; (c) 4-types; (d) many types;

Q.9. An extra-ordinary meeting can be convened by-

(a) the company; (b) the shareholders; (c) the directors; (d) Joint-stock registrar;

Q.10. A statutory meeting is compulsory for–

(a) Holding companies; (b) Public companies; (c) Government owned companies; (d) statutory companies;

Q.11. How the quorum of a meeting to be fixed?

(a) by the MOA; (b) by the AOA; (c) by the Resolution; (d) by the Schedule of the Company Act, 1994;

Q.12. Who may appoint a director when the post is vacated for death?

(a) Shareholders; (b) Promoters; (c) Court; (d) Government; (e) Third Parties; (f) Directors;

Q.13. What do you mean by ‘lifting the corporate veil’?

(a) It means winding up of a company;

(b) It means the legal incapacity of a company to exist;

(c) It means a violation of registration Rules that threatens the existence of a company;

(d) It means illegal activities of the company;

Q.14. Which of the following company can protect the rights of the investors in the best way?

(a) Non-profit company; (b) Holding Company; (c) Company Limited by share; (d) unlimited company; (e) company limited by guarantee;

Q.15. “Certificate of incorporation” is necessary-

(a) For public companies; (b) For Private companies; (c) For all types of companies; (d) For Non-profit companies; (e) real estate companies;

Q.16. What is the difference between right share and bonus share?

Q.17. Distinguish between Capital reserve and reserve capital.

Q.18. Who may be appointed as an Auditor? Explain his duties.

Q.19. Which Court has jurisdiction to try company matters? Who may apply for winding up and when?

Q.20. Give an idea on uncalled up capital and unpaid up capital.

Answer all the Questions (1x20=20) * Put tick marks or fill the blank with most appropriate answers;

Q.1. The Company matters are mainly regulated by the Company Act, 1994 except-

(a) Banking companies; (b) Foreign companies; (c) Private companies; (d) Subsidiary companies;

Q.2. The word Limited (Ltd.) must be mentioned for-

(a) Private Companies; (b) Public Companies; (c) Private and public companies; (d) Non-profit companies;

Q.3. A company is a legal person that was established by-

(a) Solomon vs. Solomon; (b) Statute; (c) Tort Law; (d) Donoghue vs. Stevension;

Q.4. How the East India company was established?

(a) by  gazette; (b) by notice; (c) by charter; (d) by statute;

Q.5. Which of the statements is true?

(a) A share is a portion of loan; (b) A debenture holder is a lender; (c) A shareholder shall enjoy interest; (d) A company can never be replaced;

Q.6. A consumer has some rights e.g.

(a) Right to speech; (b) Right to food; (c) Right to know; (d)Right to service ;

Q.7. A debenture is-

(a) security; (b) documents containing terms and conditions of loan; (c) mortgage; (d) None of A, B and C; (e) All of A, B and C;

Q.8. Consumer is of-

(a) 2 types; (b) 3-types; (c) 5-types; (d) many types;

Q.9. Which of the following Court/ tribunal can ensure service liability-

(a) Mobile Court; (b) Claims Tribunal; (c) Special tribunal; (d) The Food Special Court;

Q.10. Which of the following company shall be established by Special law–

(a) Holding companies; (b) Public companies; (c) Government owned companies; (d) statutory companies;

Q.11. How the BSTI is gaining revenue?

(a) by the MOA; (b) by issuing trademarks; (c) by the Resolution; (d) by issuing label

Q.12. Where shall you apply for registration of trademarks?

(a) Registrar of the Joint-stock companies and firms; (b) Registrar of Trade marks; (c) Court; (d) Government; (e) Sub-registrar’s office;

Q.13. What provisions of Islam are not mentioned in our consumer law to protect rights of the consumer?

(a) It is weight and measurement;

(b) It is halal and haram;

(c) It is smuggling;

(d) It means counterfeit;

Q.14. Which of the following company can protect the rights of the investors in the best way?

(a) Non-profit company; (b) Holding Company; (c) Company Limited by share; (d) unlimited company; (e) company limited by guarantee;

Q.15. Who will get priority over others?

(a) Shareholder over debenture holder; (b) director over all other parties; (c) debenture holder over shareholder; (d) Promoter above all;

Q.16. When there is no difference between buyer and consumer ?

(a) If products used for consumption;

(b) There is always a difference;

(c) When any person purchase goods for re-sale to be self-employed;

(d) If service is purchased;

Q.17. How many aspects are there in to protect rights of a consumer?

(a) 2 (b) 3, (c) 4 (d) 5;

Q.18. Can you file a criminal case directly to the police station for protecting rights as a consumer?

(a) Yes, (b) No, (c) Not given, (d) Depends upon the consumer;

Q.19. What is the highest authority to protect rights of a consumer?

(a) Consumer Department, (b) Consumer Court, (c) Mobile Court (d) National Consumer rights Council;

Q.20. Which of the following law is applicable in Bangladesh to protect rights of the consumer?

(a) UN Guidelines for the protection of consumer rights; (b) EU Unfair commercial Trade Practices; (c) Consumer Rights Protection Ordinance, (d) Consumer Rights Protection act.

Answer all the Questions (1x20=20) * Put tick marks or fill the blank with most appropriate answers

Q.1. The Company matters are mainly regulated by the -

(a) Company Act, 1994; (b) Securities and Exchange Commission Act, 1993; (c) Private companies Act; (d) Banking Companies Act, 1991;

Q.2. The word Limited (Ltd.) must be mentioned for Public and Private companies which is known as---- in the UK

(a) Corporation; (b) Incorporation; (c) Charter; (d) Gazette;

Q.3. When number of directors is less than the required number, it is called-

(a) Winding up; (b) Statute; (c) Liquidation; (d) Lifting the corporate veil;

Q.4. What is the status of a director in a company?-

(a) Agent; (b) Trustee; (c) Employee; (d) All of A, B and C; (e) None of A-D;

Q.5. The first time directors shall (be replaced in every)-

(a) 2 years; (b) 3 years; (c) 4 Years; (d) never be replaced;

Q.6. A share can be converted into stock when –

(a) Partially paid; (b) Permission of SEC is taken; (c) fully paid-up; (d) Subscribed by the share-holders;

Q.7. A debenture is-

(a) Security; (b) documents containing terms and conditions of loan; (c) mortgage; (d) None of A, B and C; (e) All of A, B and C;

Q.8. An auditor of a company is commonly appointed or approved by-

(a) directors; (b) shareholders; (c) Government; (d) Charter Accountants Ordinance, 1973;

Q.9. An extra-ordinary meeting can be convened by-

(a) the liquidator; (b) the Auditor; (c) the 10% paid up share holders; (d) Joint-stock Registrar;

Q.10. A statutory meeting is compulsory for–

(a) Holding companies; (b) Public companies; (c) Government owned companies; (d) Statutory companies;

Q.11. Who may appoint a director when the post is vacated for death?

(a) Shareholders; (b) Promoters; (c) Court; (d) Government; (e) Third Parties; (f) Directors;

Q.12. Which of the following statements is true?

(a) All companies are established by the Company Act, 1994;

(b) All companies must submit MOA and AOA for registration;

(c) There is no difference between dividend and interest;

(d) Share is a portion of profit;

Q.13. What are the various types of preference share?

(a) 3 types; (b) 4 types; (c) 6 types; (d) 8-types;

Q.14. Who may declare dividend?

(a) Government; (b) Shareholders, (c) Directors; (d) Court; (e) Both B and C;

Q.15. The person who is appointed to prepare the assets and liabilities lists of the company during winding up is known as-

(a) Receiver; (b) Liquidator; (c) Administrator; (d) Attorney;

Q.16. How the quorum of a meeting to be fixed?

(a) by the MOA; (b) by the AOA; (c) by the Resolution; (d) by the Schedule of the Company Act, 1994;

Q.17. What do you mean by ‘lifting the corporate veil’?

(a) It means winding up of a company;

(b) It means the legal incapacity of a company to exist;

(c) It means a violation of registration Rules that threatens the existence of a company;

(d) It means illegal activities of the company;

Q.18. What is the notice period for AGM?

(a) 14 days; (b) 1 month; (c) 21 days; (d) 7 days;

Q.19. What is stock?

(a) 5 share makes a stock;

(b) 10 share makes a stock;

(c) A bundle of share makes a stock;

(d) It means lot which is paid up;

Q.20. Distinguish between share warrant and share certificate.

(a) There is no difference between them;

(b) Both will be issued by the Company;

(c) 1st one will be issued by the shareholder and the next one by the company;

(d) 1st one will be issued by the company and the next one by the shareholder;

 

 

Trade or Business (Column-A)

Name of the Law or forum (Column-B)

01. Proprietorship business

The registration Act, 1908/Bangladesh Labour Act,2006

02. Partnership

NBR (National Board of Revenue)

03. Cooperative

The Partnership Act,1932

04. Company

The Suppression of immoral traffic Act, 1933.

05. Corporations

Bangladesh bank/DFP & The Secrecy Act, 1926

06. Export/ Import

Different statutory Laws

07. Telephone operating

The Company Act, 1994

08. Labour and Industry

BTRC/ Information and Communication Technology Act, 2006

09. Press and Publications

The cooperatives Societies Act,2002

10. Drug

Local Government Laws

11. Prostitution

The Drug Control Ordinance, 1982

 

 

Trade or Business (Column-A)

Name of the Law or forum (Column-B)

01. Proprietorship business

The registration Act, 1908/Bangladesh Labour Act,2006

02. Partnership

NBR (National Board of Revenue)

03. Cooperative

The Partnership Act,1932

04. Company

The Suppression of immoral traffic Act, 1933.

05. Corporations

Bangladesh bank/DFP & The Secrecy Act, 1926

06. Export/ Import

Different statutory Laws

07. Telephone operating

The Company Act, 1994

08. Labour and Industry

BTRC/ Information and Communication Technology Act, 2006

09. Press and Publications

The cooperatives Societies Act,2002

10. Drug

Local Government Laws

11. Prostitution

The Drug Control Ordinance, 1982

 

 

Trade or Business (Column-A)

Name of the Law or forum (Column-B)

01. Proprietorship business

The registration Act, 1908/Bangladesh Labour Act,2006

02. Partnership

NBR (National Board of Revenue)

03. Cooperative

The Partnership Act,1932

04. Company

The Suppression of immoral traffic Act, 1933.

05. Corporations

Bangladesh bank/DFP & The Secrecy Act, 1926

06. Export/ Import

Different statutory Laws

07. Telephone operating

The Company Act, 1994

08. Labour and Industry

BTRC/ Information and Communication Technology Act, 2006

09. Press and Publications

The cooperatives Societies Act,2002

10. Drug

Local Government Laws

11. Prostitution

The Drug Control Ordinance, 1982

  1. Define company. Name the different types of companies.

 

  1. How a company may be incorporated?

 

 

  1. Distinguish between Public company and Private Company.

 

  1. Distinguish between MOA and AOA.

 

 

  1. How a Private company may be terminated into public company or a Public company into a Private company?

 

  1. What are the various types of share?

 

 

  1. What is share capital?

 

  1. How share capital may be divided into various categories?

 

 

  1. What is share warrant?

 

  1. Distinguish between capital reserve and reserve capital.

 

 

  1. Distinguish between share and stock.

 

  1. How share capital may be reduced, increase or altered?

 

 

  1. What do you mean by certificate of incorporation?

 

  1. What do you mean by certificate of commencement?

 

 

  1. What is the difference between managing agent and Directors of a company?

 

  1. Who is a promoter?

 

 

  1. How a director may be appointed?

 

  1. How a Director may be removed from his post?

 

 

  1. What must be mentioned in the prospectus?

 

  1. What are the different types of meetings under the company law?
  2. Distinguish between share and debenture.

 

  1. Distinguish between Charter Company and statutory company.

 

 

  1. How a foreign company may be established in Bangladesh?

 

  1. How a non profit company may be established?

 

 

  1. What is the difference between preference share and equity/ ordinary share?

 

  1. Make a brief history of the company Law.

 

  1. How an extraordinary/ special meeting of a company may be called?

 

  1. What is quorum and how the quorum of a company will be decided?

 

  1. Who shall audit the functions/ transactions of a company?

 

  1. What is B O account?

 

  1. What conditions must be fulfilled to be a director?

 

  1. Make an example of fixed capital and working capital.

 

  1. Distinguish between issued capital and subscribed capital.

 

  1. What procedure must be followed regarding meetings?

 

 

  1. What are the rights of a share holder?

 

  1. “A Board of Director is known by different names”-Explain.

 

  1. How the NBR is associated with the functions of a company?

 

  1. What is the highest body of business communities in Bangladesh?

 

  1. What procedure should be followed to be a first time director?

 

  1. Distinguish between holding company and subsidiary company.

 

  1. What do you mean by Government owned company?

 

  1. How the legal entity of a company may be lifted?

 

  1. What is winding up?
  2. Who may apply for winding up?

 

  1. How a company may be wounded up?

 

  1. What is balance sheet?

 

  1. What do you understand by premium?

 

  1. What should not be added in the asset list of the company for distribution among the shareholders?

 

  1. Explain the facts and judgment of Solomon vs. Solomon.

 

  1. What do you mean by lifting the corporate veil?

 

Group-A

Answer any two of the following questions: 02x08=16

 

  1. How could you protect your right to business? Which of our Laws are relevant to the study of business? Distinguish between company and partnership. 2+3+3=8
  2. State the legal environment of business in Bangladesh. What do you mean by the legality of a contract? Explain. 04+04=08
  3. Discuss the various types of contract in brief. Who is liable to perform a contract and what is the consequence of non performance? How may a contract be terminated? Explain. 03+02+03=08
  4. (a) State the rights, duties and liabilities of a bailor and a bailee. 04

(b) Discuss the various types of remedies in brief.                                        04

Group-B

Answer any one of the following questions: 01x04=04

  1. Distinguish between offer and invitation to treat. 04
  2. What is the distinction between indemnity and guarantee? How an offer or acceptance may be revoked? 01+03=04
  3. Write down the name of the various parties in the following contractual deed:

(i) Lease, (ii) Mortgage, (iii) Pledge, (iv) Trust, (v) Agency, (vi) Gift, (vii) Sale, (viii) Tenancy.                                                                  .50x8=04                      

 

 

_______________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

________________________________________________________

  1. Company Law

 

  1. Define Company. Discuss the functions of the various types of companies in brief. What types of business are allowed in Bangladesh as per the Law? 2+6+2=10

 

  1. Distinguish between partnership and company. How may a company be incorporated? What is lifting the corporate veil? 5+3+2=10

 

 

  1. Distinguish between memorandums of association (MOA) and articles of association (AOA) of a company. What should be included in the prospectus? Explain. 5+5=10

 

  1. (a) Choose the name of the appropriate law or forum as mentioned in column-B essential for a trade or business as mentioned in column-A(any eight): .5x8=04

Trade or Business (Column-A)

Name of the Law or forum (Column-B)

01. Proprietorship business

The registration Act, 1908/Bangladesh Labour Act,2006

02. Partnership

NBR (National Board of Revenue)

03. Cooperative

The Partnership Act,1932

04. Company

The Suppression of immoral traffic Act, 1933.

05. Corporations

Bangladesh bank/DFP & The Secrecy Act, 1926

06. Export/ Import

Different statutory Laws

07. Telephone operating

The Company Act, 1994

08. Labour and Industry

BTRC/ Information and Communication Technology Act, 2006

09. Press and Publications

The cooperatives Societies Act,2002

10. Drug

Local Government Laws

11. Prostitution

The Drug Control Ordinance, 1982

(b) Who is qualified to be appointed as a director and how he may be appointed?    3+3=6

 

  1. Distinguish between ‘share’ and ‘stock’? Is there any difference between ‘share’ and ‘debenture’? Write down the provisions of the company Law on shares and debentures.
  2. State the different types of ‘share capital’ in brief. How may the profits of a company be distributed? Explain the provisions of increase and reduction of share capital.
  3. How could you classify meetings into various types under the Company Law? Draft a ‘minute’ using imaginary name, designation and addresses of a company.
  4. What is the importance of ‘audit’ in respect of Company Law? Explain the provisions of winding up with case references.
  5. Draft a “Memorandum of Association & Articles of Association’ of a company in conformity with the format given in the Company Law (schedule-VI & VII). You may use imaginary name and addresses.
  6. Mr ‘R” is the Managing Director (M D) of “S S Co Ltd”. He joined to the company on 17th May 2008. The company is involved in exporting steel sheet and aluminium outside Bangladesh. Recently on 10th October 2008 in a general meeting of the company, it was decided to sale the products inside Bangladesh. An application to change the MOA was sent to the Registrar of Joint stock company, but refused by him. In the meantime Mr R was removed from his post and “K” replaced him. It is to be noted that the refusal of the Registrar of the joint stock company came on some allegation, interalia-
  • The company has failed to declare dividends;
  • The company has failed to issue notice before general meeting in due time,
  • The quorum of the meeting was not fulfilled;
  • The resolution of the meeting was not duly signed;
  • The shareholders raised objection in written form against the AGM etc.

Mr “K”, the MD of “S S Co. Ltd” wants to file a writ against the refusal of the Registrar of Joint Stock Companies issued through vide meom no. R/JSC/-MOA/AC-2008 dated-20th November 2008 to increase the share capital and change of its situation clause.

You are appointed as a counselor of the company. Draft a writ petition to the Supreme Court of Bangladesh mentioning cause title, body, grounds and prayer portion including the affidavit necessary thereof.

You may use imaginary address but the facts and information mentioned above can not be distorted.

  1. (a) Distinguish between ‘share’ and ‘stock’? Explain the various types of share in brief. 02+03=05

(b) Evaluate the judgment of “Solomon Vs Solomon”.  05

 

  1. State the different types of ‘debenture’ in brief. When and how may a company convert its share into debentures? Explain the formalities to declare dividend. 03+04+03=10

 

  1. Discuss various types of ‘winding up’ and its formalities with case decisions. 10

 

 

  1. Draft a “Memorandum of Association & Articles of Association’ of a company in conformity with the format given in the Company Law (schedule-VI & VII). You may use imaginary name and addresses. 04+06=10

 

  1. Draft a ‘Minute’ for an extra-ordinary meeting using fictitious name and addresses. Explain the relevant provisions of the Company Act on meeting. 04+06=10

 

________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

________________________________________________________________________

 

  1. Law of Tort and Contract

 

  1. Define Tort. Distinguish between Tort and Contract. Is there any difference between Tort and Crime? Explain with example. 2+4+4=10

 

  1. Explain the following maxims with case references: 5=10
  • Damnum sine Injuria
  • Injuria sine damno
  • Volenti non-fit Injuria
  • Res Ipsa loquitor

 

  1. What is contributory negligence? Explain the relevant provisions of the Penal Code, 1860 on negligence. State a case reference on ‘Doctrine of alternative danger’. 2+6+2=10
  2. (a) What types of remedies are available in our country? Is there any difference between remedies and punishment?                                            3+2=5
    • Who can sue or be sued? Distinguish between public nuisance and private nuisance? 2+3=5

 

Define Tort. How Tort may be applied in Bangladesh? Distinguish between Tort and breach of trust. Is there any difference between Tort and Crime? Explain with example.                                2+4+4=10

 

  1. Explain the following with case references 4x2.5=10
  • Damnum sine Injuria
  • Injuria sine damno
  • Quifacit per alium facit perse
  • Contributory negligence

 

  1. Explain the maxim Res Ipsa loquitor.Discuss the relevant provisions of the Penal Code, 1860 on negligence. State a case reference on ‘Doctrine of alternative danger’.                         2+6+2=10

 

  1. (a) What types of remedies are available in our country? Is there any difference between remedies and punishment? 3+2=5
    • Discuss the various types of nuisance in brief. Distinguish between public nuisance and private nuisance? 2+3=5

 

  1. Define the term ‘defamation’. Explain the essential elements of defamation in brief. Distinguish between libel and slander. What is ‘innuendo’? Explain the term with case reference.
  2. (a) Explain the provisions of the Penal Code, 1860 on defamation with various exceptions.

(b) Distinguish between strict liability and vicarious liability in the light of ‘Rylands vs Fletcher’ case.

 

  1. Explain the maxim’Qui facit per alium facit per se’ with reference to the various relationships in between the persons. Explain some case references on ‘control’, ‘escape’, ‘possibility’ and probability under the maxim.

 

  1. What are the various types of trespass? Explain the provisions of the Law of Tort in comparison with the Penal Code on ‘trespass to body and trespass to property’.

 

  1. Distinguish between buyer and consumer. What Laws now exist in Bangladesh protecting the rights of the consumers? Explain the relevant provisions of the following Laws –
  • The Pure Food Ordinance, 1959;
  • The BSTI Ordinance, 1985;
  • The Mobile Court Ordinance, 2007
  • The Penal Code, 1860

 

  1. (a) Explain the ‘Consumer’s Right Protection Ordinance, 2008’ in brief.

(b) Write short noted on the various courts or authorities working for the protection of Consumer’s Right.

 

 

Answer all the questions below.

Q.1. What do you mean by vicarious liability?

Q.2. Which maxim is related to vicarious liability?

Q.3. Give a case reference of vicarious liability with facts.

Q.4. Make a case reference of strict liability.

Q.5. What is easement right?

Q.6. Distinguish between nuisance and trespass.

Q.7. State the various types of nuisance as mentioned in our Penal Code, 1860.

Q.8. What types of remedies are available for defamation in Bangladesh?

Q.9. What types of remedies are available for nuisance?

Q.10. How a person may defend himself for committing defamation?

Q.11. Which punishments are available for trespass in Bangladesh?

Q.12. What are the differences between private nuisance and public nuisance?

Q.13. What types of offences are related to trespass to body?

Q.14. Which offences are called trespass to property or goods?

Q.15. What remedies are available for trespass?

Answer all the questions below.

  1. Define ‘Tort’. 01
  2. Write down the name of ten essential principles of tort. 02
  3. Distinguish between ‘Tort’ & ‘crime’ in brief. 01
  4. Distinguish between ‘Tort’ & “breach of Contract”. 01
  5. How may the Law of Tort be applied in Bangladesh? 01
  6. Explain the principle ‘Damnum sine injuria’ with case reference. 02
  7. Discuss the maxim ‘res ipsa loquitor’ with case reference. 01
  8. Explain the ‘strict liability’ principle in short with case decisions. 01

 

  1. Define the word “Tort”. What are the contents of the Law of Tort? State the relationship of the “Law of Tort” with the “Law of Crimes”. 02+03+05=10
  2. What are the different forms of nuisance under the Penal Code, 1860? Distinguish between “nuisance” and “trespass”. Is there any difference between public nuisance and private nuisance? Discuss with case references. 03+02+05=10
  3. What do you mean by trespass? Discuss the various types of trespass in brief with case references. 02+08=10
  4. “Defamation is not only civil but also criminal in nature”- Illustrate the statement with case references and relevant provisions of various laws in Bangladesh. What are the defences in a case filed on the allegation of defamation? 08+02=10
  5. What are the elements of negligence? Explain the principle “Res ipsa loquitor” with case references. How may “doctrine of alternative danger” and “contributory negligence” be used as defence in case of negligence? Discuss with examples. 02+03+05=10
  6. Write short notes on the following: 04x2.5=10

(a) Vicarious liability;

(b) Cattle trespass;

(c) Slander and libel;

(d) Criminal trespass;

                                                                                                                                         

  1. (a) Define Negligence. Discuss its elements and classification.    9

(b) Write short note on “Doctrine of alternative danger”                   3.5                                                                                    

  1. (a)What do you know about Defamation and its elements? Discuss.    5

(b) Discuss the differences between Slander and Libel.                       4

(c) Describe the nature of Defamation in our country.                       3.5

 

  1. (a) Define Liability and its classification.    5

(b) What do you mean by Vicarious Liability? Discuss.                       4

(c)  What is Obligation? Discuss briefly.                                            3.5

 

  1. Define the term Trespass. Briefly discuss the various modes of trespass.                                                                                                            5

 

  1. Define Nuisance with related examples. Discuss its classification, remedies and defenses.                                                            5

 

  1. State the definition of Unlawful competition. Briefly discuss its classification.            

 

Contract

  1. 01. Distinguish between Tort and Discuss the essential requirements of a contract with examples. 03+07=10
  2. Write short notes on the following:

(a) Quasi contract;

(b) Void agreements;

(c) Contingent contract;

(d) Doctrine of frustration;

  1. (a) A promises to deliver goods to B on a certain day on payment of Taka 1,000. A dies before that day. Is A's representatives are bound to deliver the goods to B, and B is bound to pay the Taka 1,000 to A's representatives? Give reasons. 03

(b) A promises to paint a picture for B by a certain day, at a certain price. A dies before the day. Is the contract enforceable either by A's representatives or by B? Explain. 03

(c) A promises to purchase a piece of land owned by B. An amount of Tk.50000 was given in advance on 10th January 2010 out of 2 lakh. On 15th January 2010, a portion of the land was swept away by river erosion. Is the contract enforceable either by A or B? Discuss.  04

  1. Explain the following- (any two) 05x02=10

(i) Revocation of a contract;

(ii) Offer and invitation to treat;

(iii) Doctrine of caveat emptor;

  1. What do you mean by ‘performance of a contract”? Who is liable to perform a contract? Is there any time limitation for the performance of a contract? 10

 

  1. Distinguish between treaty and contract. How may a contract be terminated? Explain with relevant terminologies and provisions of the Contract Act, 1872.

                                                                                                                                     10

 

  1. Explain the relevant provisions of the Contract Act, 1872 on reciprocal promise and joint liability. Distinguish between guarantee and indemnity. 10

 

  1. Write down the rights, duties and liabilities of the bailor and the bailee. What is the status of a finder of goods?                        10

 

 

  1. What is agency? State the provisions of the Contract Act, 1872 on the rights, duties and liabilities of the principal, agent and third parties. 10

 

  1. Explain the following in brief: 5x4=10
  • Doctrine of supervening impossibility;
  • Accord and satisfaction;
  • Doctrine of frustration;
  • Quasi Contract;

 

Answer all the questions below.

 

Q.1. Explain the phrase “performances of a contract.”

Q.2. Who is liable to perform a contact?

Q.3. When a contract to be performed?

Q.4. What do you mean by joint liability?

Q.5. What do you mean by “Doctrine of frustration?”

Q.6. Explain the doctrine ‘Supervening impossibility.”

Q.7. What does it mean in English law as “Accord and satisfaction?”

Q.8. Distinguish between remission and recession.

Q.9. What is “reciprocal promise”?

Q.10. Which provisions of the Contract Act, 1872 are relevant with “reciprocal Contract”?

Q.11. What is Quasi Contract?

Q.12. What is the responsibility of a finder of goods under the Law of Contract, 1872?

Q.13. How a contract may be terminated?

Q.14. Who may rescind a Contract and How?

Q.15. Explain the terms (a) CIF, (b) Franco, (c) Loco, (d) Brutum full men, (e) Re Hallets (f) FOB.

  1. What is contract?
  2. What are the various types of contract?
  3. What is the difference between contract and agreement?
  4. What is promise?
  5. W ho is qualified to be a party into a contract?
  6. What is communication? How a communication may be made?
  7. What requirements should be fulfilled for a valid contract?
  8. What types of contracts are void?
  9. Which contracts are voidable?
  10. Distinguish between fraud and misrepresentation.
  11. Make a difference between undue influence and coercion.
  12. What are the personal disqualifications to enter into a contract?
  13. What do you mean by remedy in a contract?
  14. What is the difference between damages and compensation?
    1. Briefly discuss the various modes of discharge of a contract.                      12.5

 

    1. What do you know about the breach of contract? What are the remedies and limitations for breach of contract?                                                                    12.5

 

    1. Write short note on:
  1. a) Quasi contract b) Contingent contract              5+6

 

    1. (a) State the definition and elements of partnership.                                      4.5

(b) What are the rules of dissolution of a partnership firm?                            04

(c) Discuss the differences between a partnership firm and company.            04

 

    1. What do you know about free consent? Discuss the elements of without free     consent in relating to validity of a contract.                                                 12.5                     

 

    1. Write short note on:
  1. a) Indemnity contract b) Guarantee contract 5+6
    1. a) Define contract. State its features. 5+5+2.5
    2. b) Briefly discuss the elements of contract.
    3. c) State the distinctions between contract and agreement.
    4. a) Discuss the classification of contract. 6+4+2.5
    5. b) State the list of void and voidable contract.
    6. c) “Every contract is agreement but every agreement is not contract”. Explain it.
    7. a) Define offer and state the rules regarding offer. 5+5+2.5
    8. b) Define acceptance and state the rules regarding acceptance.
    9. c) What do you know about revocation of offer? State the rules regarding revocation of offer.
    10. a) Define consideration. Discuss the classification of consideration. 4+8.5
    11. b) Discuss the rules and exceptions regarding consideration.
    12. a) Define free consent. When a consent can’t be said free consent? Discuss. 7+5.5
    13. b) What do you know about legality of the object? Discuss briefly.
    14. a) Briefly discuss the remedies for breach of contract. 5+6
    15. b) What do you know about the discharge of contract? Discuss.

 

  1. 01. State the various types of contract with examples. Distinguish between Tort and 07+03=10
  2. (a) What are the essential requirements of a contract? Discuss 07

(b) What do you mean by contingent contract?  Give examples.            03

  1. (a) A promises to deliver goods to B on a certain day on payment of Taka 1,000. A dies before that day. Is A's representatives are bound to deliver the goods to B, and B is bound to pay the Taka 1,000 to A's representatives? Give reasons. 03

(b) A promises to paint a picture for B by a certain day, at a certain price. A dies before the day. Is the contract enforceable either by A's representatives or by B? Explain. 03

(c) A promises to purchase a piece of land owned by B. An amount of Tk.50000 was given in advance on 10th January 2010 out of 2 lakh. On 15th January 2010, a portion of the land was swept away by river erosion. Is the contract enforceable either by A or B? Discuss.  04

  1. Explain the following- (any two) 05x02=10

(i) Termination of a contract;

(ii) Offer and invitation to treat;

(iii) Doctrine of caveat emptor;

 

  1. 01. Distinguish between indemnity and guarantee. State the rights, duties and liabilities of the guarantee holder as per the Contract Act, 1872. 03+07=10
  2. Define the term ‘bailment’. Distinguish between bail and bailment. Discuss the rights, duties and liabilities of the bailor and the bailee. 02+08=10
  3. What do you understand by ‘agency’? Discuss the rights, duties and liabilities of the principal, agent and the third parties. 02+08=10
  4. Explain the following-03+03+04=10

(i) Pledge;

(ii) Finder of goods;

(iii) Qualifications of an agent;

  1. Draft a ‘partnership agreement’ using fictitious name and addresses. 10
  2. Draft a ‘contract for bailment’ following the provisions of the Contract Act, 1872 using fictitious name and addresses. 10

_____________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

______________________________________________________________

  1. Private International Law

 

 

 

 

 

 

 

 

_____________________________________________________________________

  1. International Organizations

 

  • Define the term ‘organization’. Discuss various types of organization in brief. What is the importance of international organization?
  • State the historical background of the evolution of United Nations (UN). What are the differences between UN and the League of nations? Discuss the functions of ICJ in brief.
  • What are the essential organs of the United Nations (UN)? Narrate the organization, power and functions of the Security Council and General Council/General Assembly.
  • What are the specialized organs of the United Nations? Give a short description of the specialized organs.

 

  1. Define organization. State the different types of organization with examples. 3+9.5=12.5
  2. Write down the composition and functions of the Security Council of the United Nations. Do you think exercising ‘veto’ power is democratic? Explain.9+3.5=12.5
  3. State the composition, jurisdictions and functions of the following Courts or Tribunals-  3=3+3+3.5
  • International Court of Justice;
  • African Court of Justice;
  • European Court of Justice;
  • International Criminal Court;
  1. Explain the background, composition, objectives and functions of the European Union. How NATO is protecting rights of the European Union? 10+2.5=12.5
  2. Discuss the objectives and functions of ASEAN, SAARC, Arab League and African Union in short. 12.5
  3. Make a critical study of the objectives and functions of the organization formed with special purposes such as OIC, OPEC, NAM, CIS, Commonwealth, WTO etc,. 12.5

 

___________________________________________________________

 

 

 

 

 

 

________________________________________________________________________

  1. Principles of Management

 

 

 

1.   Define Organization and Management. What is the management process exercised in an organization?

1+1+3

 

 

2.   What are the theories of Classical approach to Management? Discuss 14 principles of Henri Fayol.

2+3

 

 

3.   Discuss Porter’s five competitive forces.

5

 

 

4.   Discuss different types of Manager in the context of functional area.

5

 

 

5.   Define ethic. What are the areas of concerns of Managerial ethics?

1+4

 

 

6.   What are the different types of international organizations? Discuss briefly.

2+3

 

1.

a)

What is meant by Planning and why is it important for a business organization?

05

 

b)

Describe in brief different quantitative and qualitative techniques of forecasting.

07.5

2.

a)

Describe the elements of organizational design?

06

 

b)

“A leader is not born, but made”. Do you agree or disagree? Defend your position giving some real life examples.

06.5

3.

a)

What is Motivation?

02.5

 

b)

Briefly describe the Maslow’s hierarchy of needs theory of motivation.

10

4.

a)

Explain the term ‘One Best Way’ propounded by F. W. Taylor.

02.5

 

b)

Briefly describe the general principles of Henri Fayol’s Administrative theory of Management.

10

5.

a)

Critically elucidate the classical and socioeconomic views of ethics in business.

06

 

b)    What do you understand by Green Management? How can an environment            06.5

         go green?

6.

Write Short notes:                                                                                                         12.5

a)      Corporate Social Responsibility (CSR)

b)      Mechanistic and Organic Organization

c)      Attitude and Culture

d)     World Trade Organization (WTO)

e)      Graicunas Formula

f)       Planning and Controlling

 

             

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

___________________________________________________________________________

  1. English for specific Purposes/ Legal English

 

 

PART I: READING

  1. Read the following passage carefully, and answer the questions below:

Simon Sunderland was sent to prison last week for five years, one of the most serious punishments ever given to a graffiti artist. At his trial in Sheffield the judge said, “If the people of this area could see the photographic evidence of the damage you have caused they would probably be very shocked. The message from this court is clear. If you set out to target and spray the buildings of the people of South Yorkshire, you will go to prison for a long time.’

Sunderland’s career started after he asked Barnsley Council to provide walls for graffiti artists. The Council refused and so he started spraying any buildings he could find using the tags ‘fisto’ or ‘fista’. He worked at night in his favorite colors of red, black and silver. His paintings appeared on hundreds, possibly thousands, of sites. It cost the local council 500,000 pounds a year to clean up the buildings he had painted on.

On one occasion, Sunderland sprayed a bus that had broken down. On another, a man saw him at work and went up to him to complain. Sunderland turned round and sprayed the man! In a magazine article recently he said, ‘I look for walls wherever I go. It gives me a buzz. It feels like people know you!’

Things came to an end when a policeman saw him spraying a motorway bridge. When the police went to his house they discovered hundreds of spray-paint cans and maps of the areas he worked in. Thus he was caught.

Questions                                                                                                                                        10           

(a) On what charge was Simon Sunderland sent to prison?                                         

(b) How did he start his career as a graffiti artist?                                                       

(c) How did he abuse one man on one occasion?

(d) What did the policemen see when they raided his house?                                                          

 

PART II: GRAMMAR

  1. Use the following verbs in the blanks below, and change them according to tenses: 5

(live, read, write, buy, publish, warm up, take part, play, lend, go)

Jane Barrette is a writer. She mostly ________for children. She _______already _______two books for them. At the moment, she is _________a book, and she is enjoying it very much. It is interesting. After she has finished it, she ____________it to her friend, Cathy. Jane __________it yesterday from the New Market. Cathy and she ___________in the same area for over ten years. Cathy is not a writer  but a sportswoman. She usually __________tennis. Last year, she ________to Australia to play tennis. She _________before she _________in the main event. She won a medal.

PART III WRITING

Write a paragraph on any of the following topics:                                                                                10

  1. Your Favourite Hobbies
  2. Why You Are Studying Law

You should write minimum 150 words.

____________________________________________________________

 

 

 

 

 

 

 

 

 

____________________________________________________________________

  1. Introduction to computer and IT

 

 

  1. A. Answer the following questions by circling True or False 1×5 = 5

 

  1. Keyboard keys labeled F1, F2 and so on, are called function keys. True False

 

  1. Arithmetic Logic Unit Store data as number. True False

 

  1. RAM always holds same data. True     False

 

  1. Dye-sublimation is another term for laser printing. True False

 

  1. The only things a computer can understand are yes and no. True False

 

 

  1. B. Complete each statement by writing a term in a blank(s) 1×5 = 5

 

  1. OCR Stands for _________________________

 

  1. EBCDIC Stands for ______________________

 

  1. USB Stands for __________________________

 

  1. MS-DOS Stands for_______________________

 

  1. RAM Stands for__________________________

 

 

  1. C. Answer the following questions by circling 1×5 = 5

 

  1. The CPU uses a ___________ to store and retrieve each piece of data in memory.
  2. Control unit b. Cache

   

  1. Memory Address d. Arithmetic Unit

 

  1. What can convert any printed image into electronic form by shining light onto the image?
  1. Printer         b. Scanner  

              

  1. Dot matrix        d. Speaker

 

  1. Single computer with number of feature is called __________________________.
  1. Mainframe        b. Minicomputer

      

  1. Single Computer                   d. Workstation

 

  1. What is the thing parallel processor not doing?
  1. Multiprocessing b. Share work load

 

  1. Use more than one processor d. Reduced instruction

 

  1. Initially, the _______ operating system was geared toward uses in telecommunications system.
  1. Linux         Unix

 

  1. Windows         MS-DOS

 

  1. D. In your own words, briefly answer the following question
  2. 2×5 = 10
    1. Write four operating system names.
    2. What are the four primary functions that an operating system performs?
    3. Write two anti-virus software names.

 

  1. What is the difference between bits and bytes?
  1. Most standard keyboards include five major groups of keys. List them.
  2. Write the names of two output devices, two input devices and two storage devices.

 

 

 

 

 

 

 

 

 

 

 

 

_________________________________________________________________

  1. Legal History of Bangladesh

 

  1. What do you know about “The Courts of Bangladesh”? Discuss briefly. State the jurisdictions of different courts.
  2. What does “Privy Council” mean? Discuss briefly. How did Privy Council play a creative role in the development of Indian legal system?
  3. What do you know about “The government of India Act 1911 and 1915”? What are the advantages of “The Indian High Court Act-1861”?
  4. State the judicial reforms of Lord Cornwallis. Discuss “The Cornwallis Code-1793”.
  5. State the Warren Hasting Plan of 1772. What are the features and defects of “The Regulating Act-1773”? Discuss the Act of settlement in British period.
  6. Discuss the British Period from 1498 to 1700. Briefly discuss the Calcutta, Madras and Bombay Court. List the court structure of 1953.

 

 

  1. Briefly discuss the jurisdictions of the Supreme Court of Bangladesh.

12.5

  1. State the various types of Courts in Bangladesh with their jurisdictions.

12.5

  1. Discuss the reforms of Lord Cornwallis.

12.5

  1. Write short note on:
  2. The Act of Settlement-1781 5
  3. Privy Council; 4
  4. Federal Court. 5

 

  1. State the initial Charters between “1600-1700” AD. Discuss about the factories of British period.

12.5

  1. Discuss the previous condition and impact of Regulating Act-1773. State the powers, functions and defects of High Court in British period.                   12.5

 

 

_____________________________________________________________________

 

 

 

 

 

 

 

 

 

 

_____________________________________________________________

  1. Labour and Industrial Law

 

 

  1. What do you understand by safety to health and hygiene? Discuss with relevant provisions? 12.5

 

  1. What do you mean by safety of workers? Discuss briefly. 12.5

 

  1. State the special provisions relating to health, hygiene and safety. 12.5

 

  1. What is the special definition of wages? Discuss the related provisions of wages and its payment. 12.5

 

  1. What do you meant by welfare arrangement for workers? Discuss briefly. 12.5

 

  1. Discuss the provisions of wages board, according to the Bangladesh Labour Act-2006. 12.5
  2. (a) What do you know about Industrial Disputes? How such disputes can be settled? 6.5

      (b) What do you know about Labour Court? What are its procedures?   6

 

  1. (a) Describe the procedures of strike and lockout. 6

(b) What is Labour Appellate Tribunal? Discuss.                                     6.5

  1. (a) State the provisions of Provident fund. 6.5

(b) State the provisions of tea garden and newspaper worker.                 6

 

  1. (a) Discuss the provisions of precipitation fund. 6.5

      (b) Discuss the provisions of dock worker.                                              6

 

  1. Briefly discuss the provisions of worker’s participation in company’s profit.                                                                 12.5
  2. Discuss the rules regarding offences, penalties and procedures of workers.                                                                                                                 12.5

______________________________________________________________

 

 

 

 

 

 

 

 

_____________________________________________________________

  1. Roman Law

 

  1. What do you know about the Law of Relief in Roman law? Give it’s classification. Discuss Briefly. (cÖwZKvi m¤úwK©Z †ivgvb AvBb Kv‡K e‡j ? Bnv KZ cÖKvi I wK wK ? cÖwZwU c×wZ we¯—vwiZ eY©bv Ki|)
  2. What is Delect? Discuss its classification. Discuss Quasi-delect? (Ab¨vqg~jK AvPib Kv‡K e‡j ? Bnv KZ cÖKvi I wKwK ? we¯—vwiZ eY©bv Ki| †Kvqvwk wWwj±¸‡jv eY©bv Ki|)
  3. What do you know about Universal succession? When a succession can be revoked? What is valid succession? Discuss it’s classification.( mve©Rbxb DËivwaKvi Kv‡K e‡j ? ˆea DBj Kv‡K e‡j ? cÖKvi †f` ¸‡jv eY©bv Ki| DBj KLb evwZj nq ? )
  4. State the laws and the defects of not in tested property? Describe the laws of Justinian in this regard. (evwiwewa‡Z DBjwenxb m¤úwË wKfv‡e ew›UZ nq ? Bnv m¤ú‡K© Rvwówbqv‡bi ms¯‹vi¸‡jv D‡j­L Ki|)
  5. What is called Obligation? Give it’s features and classification. What do you know about Agreement in Roman law? Discuss it’s necessary elements. (`vq Kv‡K e‡j ? Bnvi ˆewkó¨ I †kªYxwefvM ¸‡jv wjL| Pzw³ Kv‡K e‡j ? Bnvi kZ©¸‡jv we¯—vwiZ eY©bv Ki|)
  6. What do you know about “Res”? Discuss its classification. What is Ownership? Give its classification. Describe the natural and legal system of acquiring property(Res)? (m¤úwË Kv‡K e‡j ? Bnvi ‡kªYxwefvM eY©bv Ki| gvwjKvbv Kv‡K e‡j I KZ cÖKvi ? m¤úwˇZ gvwjKvbv AR©‡b, ivóªxq I cÖK…wZK c×wZ¸‡jv eY©bv Ki|)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

______________________________________________________________

  1. Specific Relief (SR) and PDR

 

 

  1. (a) Define injunction. Discuss its classification with example. 5

     (b) When can injunction be refused?                                                         4

 

  1. (a) When rescission of an instrument can be made? What are the rules of rescission?                                                                                     5

(b) What are the rules of appointment of a receiver? Explain.                 6

  1. (a) When an instrument can be rectified? What are the rules of rectification?                                                             5

(b) State the procedures of a declaratory suit.                                          6

 

  1. (a) Describe the rules of recovery of possession of movable and immovable property.                                                             5

      (b) What are the liabilities of a possession holder?                                   4

 

  1. State the nature and object of Specific Relief Act.            5

 

  1. (a) When specific performance can be enforced? 5

(b) What are the rules of specific performance in special situations? Explain.                      

 

 

 

 

 

 

 

 

 

 

 

_________________________________________________________

  1. Law of the Sea/ Maritime Law

 

  1. What are the causes of Marine disputes? How such disputes can be settled? What are the ways of settlement of disputes?

12.5

  1. What are the ways, sources, effects and frameworks of Marine Pollution? Discuss in brief.

12.5    

  1. What do you know about the International Tribunal for the Law of Sea? Briefly discuss.

12.5    

  1. Briefly discuss the rules regarding Exclusive Economic Zone.

12.5

  1. Discuss the Maritime zones, according to the Bangladesh Maritime Zones Act-1974.                         12.5
  1. (a) What are the freedoms of high sea?                                  4

 

(b) State the duties of flag State?                                           4

 

(c) What are the rules regarding Piracy?        

 

 

 

 

 

 

 

 

 

 

__________________________________________________________________

  1. Administrative Law

 

(a) What do you mean by the Administrative Law ?

         (b) Discuss the importance of Administrative Law ?

  1. (a) What do you mean by the doctrine of Rule of law ?
  • Discuss the necessity and importance of Rule of law with    

                      reference to the Constitution of Bangladesh.

  1. (a)  What do you mean by the separation of powers ?
  • Discuss the different organs according to the Constitution of

                       Bangladesh.

  1. (a) What do you mean by the writ ?
  • Discuss the different classes of writ according to the Constitution

       of Bangladesh.

  1.      (a)  What do you mean by  the natural justice ?

(b)  Discuss the  principles of  natural justice .

  1. (a) What is delegated  Legislation ?

          (b) Discuss the  reasons of development of delegated legislation .

(c) Discuss the functions which can not be delegated.

 

 

  1. What do you mean by Administrative Law? Distinguish between Administrative Law and Constitutional Law. Discuss the significance of Administrative Law. 2+4+4=10
  2. State the historical background of the Administrative Law. How may Administrative Law be enforced in Bangladesh? 7+3=10
  3. Distinguish between separation of power and integration of power. Explain the theory of ‘separation of power’ in the context of Bangladesh. What is ‘droit administratiff’? 3+5+2=10
  4. Write an essay on ‘natural justice’ with examples and relevant provisions of the Laws of Bangladesh. 10
  5. What do you mean by ‘remedies’? Explain the judicial and other remedies in short. 3+7=10
  6. Write short notes-  3+4+3=10
  • Rules of Law;
  • Writ;
  • Administrative functions or administrative actions;
  1. What do you mean by delegated law? Why ‘delegated law’ may be declared as ‘ultra-vires’ to the constitution? What functions can not be delegated? What is called as ‘Special executive Law’ in Bangladesh? Explain. 2+4+2+2=10

 

 

 

 

 

 

 

 

 

 

 

 

 

____________________________________________________________

  1. Muslim Law

 

  1. 1. What do you mean by ‘Schools of Islamic Law’? What reasons according to your opinion, played an important role in the development of different schools of Islamic law? What features distinguish one school from the other? 4+4+4.5=12.5

 

  1. Define gift. What are the essential requirements for the validity of a gift or hilba under the Muslim law? When a gift or hiba can be revoked? Distinguish between Hiba-bil-iwaz and Hiba-bil-shart-ul-iwaz.3+3+3+3.5=12.5.

                       

  1. 3. What is ‘Maintenance’? Who is entitled to Maintenance’? Can a parent claim Maintenance’ from his son? Answer with the relevant case references. 4+4+4.5=12.5

 

  1. Do you agree with the following statement: “Women are the best custodian and also the best guardian of the minor?”Please state the reasons in favor and disfavor of the statement. 12.5

                                                                      

  1. (a) Define and classify dower. How dower is determined, if it is not fixed at the time of marriage?

    (b)Will the wife be entitled dower, where the marriage is irregular and where the marriage is dissolved before consummation?                                                3+5+4.5=12.5

 

  1. (a)Explain the doctrine of Increase(Aul) and Doctrine of Return (Radd) as applicable in the law of inheritance. 4.5+8=12.5

(b) A dies leaving behind his-

 

  • Widows
  • Two consanguine sisters
  • Mother

Distribute the estate of A’ explaining the principles of distribution.                                                                                      

                                                                                                                   

  1. What do you mean by Schools of Islamic Law? What reasons, according to you, played an important role in the development of different schools? Discuss the distinctive features of these schools. 4+4+4.5=12.5

 

  1. Explain the consequence of the following facts in the light of Sharia Law regarding ‘iddah’ and dower:-

(a) A Muslim male gives talak his wife before consumption.

(b) A muslim male gives talak his wife at the age of 10.

(c) A muslim remarries immediately after the death of her husband without observing her iddah.                                                                                                               3+5+4.5=12

                                                                      

  1. Discuss briefly the grounds on which a Muslim woman can seek dissolution for her marriage under the Sharia law and the Dissolution of Muslim Marriage Act of 1939. 12.5

 

  1. Define gift and will. What are the essential requirements for the validity of a gift or hilba under the Muslim law? When can a gift or hiba be revoked? Distinguish between Hiba-bil-iwazand Hiba-bil-shart-ul-iwaz. 3+3+3+3.5=12.5

 

  1. What do you know about Pre-emption? Who are the persons entitled to exercise the right to pre-emption and when such right accrues? Describe procedure for raising this right under Muslim law. 4+4+4.5=12.5 

 

  1. (a)Who are Quranic heirs ? Who are never excluded from inheritance? 4.5+8=12.5

    (b) X, a muslim female, dies leaving behind her-

(i) Husband

(ii) Father,

(iii) and Mother.

Distribute the property of X according to the Sunni law of inheritance.            

1.(a)What do you mean by ‘Prompt dower’ and ‘Deferred dower’?

(b)Will the wife be entitled to dower where the marriage is irregular and the marriage is dissolved before consummation?

(c)If, in a marriage, there is no mention as to the amount of wife’s prompt dower and deferred dower, how will the court determine the amount?                4+4+4.5=12.5

 

2 .Define gift and will. What are the essential requirements for the validity of a gift or hiba under the Muslim law? When can a gift or hiba be revoked? Distinguish between Hiba-bil-iwaz and Hiba-bil-shart-ul-iwaz.                                         3+3+3+3.5=12.5

 

3 Explain the consequence of the following facts in the light of Sharia Law regarding ‘iddah’ and dower:-

(a) A Muslim male gives talak his wife before consumption.

(b) A muslim male gives talak his wife at the age of 10.

(c) A muslim remarries immediately after the death of her husband without observing her iddah.                                                                                                      3+5+4.5=12.5

 

  1. Examine the validity and discuss briefly the legal effects of the following marriage under Muslim law:-
  • ‘X’ a Hanafi woman, remarries ‘Y’ within three weeks after death of her husband;
  • ‘A’ Hanafi man marries ‘B’ a Hanafi woman, without witness;
  • ‘C’ Hanafi man, marries ‘D’ full sister of his wife;
  • ‘Z’ a Hanafi women marries ‘F’ a Hindu by faith. 3+3+3+3.5=12.5

 

 

  1. Discuss briefly the primary sources of Muslim law. Does the pre-Islamic Arabian customary Law have any influence on Muslim Law? Cite examples for your answer.                                     5+7.5=12.5

 

  1. What are the stages for the development of the Muslim Law? Examine the different Majhabs or schools of thought in Muslim law. Explain why the Shia and the Sunni schools of thought arose? 3+5+4.5=12.5

 

  1. Examine the validity and discuss briefly the legal effects of the following marriages:

 

  1. ‘X’ a Hanafi woman, marries ‘Y’, a Christian man;
  2. X’ a Hanafi woman, remarries ‘Y’, within three weeks after the death of her husband;
  3. ‘A’ a Hanafi woman, marries ‘B’, a Hanafi man without witness;
  4. ‘E’ a Hanafi woman, marries ‘F’ a Hindu man. 3+3+3+3.5=12.5

 

 

  1. How Dower or Mahr empower Muslim women? How Dower is classified? When and how is it confirmed and determined? ‘X’ married ‘Y’ without determining any dower. Is ‘Y’ entitled to any Dower? Answer with reference to the statutory law. 3+3+3+3.5=12.5

 

  1. Discuss briefly the primary sources of Muslim law. Does the pre-Islamic Arabian customary Law have any influence on Muslim Law? Cite examples for your answer.5+7.5=12.5

 

  1. What are the stages for the development of the Muslim Law? Examine the different Majhabs or schools of thought in Muslim law. Explain why the Shia and the Sunni schools of thought arose? 3+5+4.5=12

 

  1. Examine the validity and discuss briefly the legal effects of the following marriages:

 

  1. ‘X’ a Hanafi woman, marries ‘Y’, a Christian man;
  2. X’ a Hanafi woman, remarries ‘Y’, within three weeks after the death of her husband;
  3. ‘A’ a Hanafi woman, marries ‘B’, a Hanafi man without witness;
  4. ‘E’ a Hanafi woman, marries ‘F’ a Hindu man. 3+3+3+3.5=12.5

 

 

  1. Explain the consequence of the following facts in the light of Sharia Law regarding ‘iddah’ and dower:-                          

(a) A Muslim male gives talak his wife before consumption.

(b) A muslim male gives talak his wife at the age of 10.

(c) A muslim remarries immediately after the death of her husband without observing her iddah.                                                                                                           3+5+4.5=12

  1. Define ‘Gift’ and ‘Will’. Discuss the two basic principles relating to the quantum and recipient of property which can be bequeathed according to Muslim law, citing illustrations. (4+8.5)
  2. Classify dower with the definitions.
  3. How is dower specified if it is not fixed at the time of marriage?
  4. Will the wife be entitled to dower:

Where the marriage is irregular and where the marriage is dissolved before consummation? Discuss.                                                                                                                                                   

  1. Explain the importance of dower. (2+3+4.5+3)                                                                                                                                                 
  2. What do you know about the term ‘ Nafaqa’ under Islamic law?
  3. When and what amount can be claimed by wife, minor, children and parents?
  4. Is there any bindings or legal obligation to provide the post-divorce maintenance under Muslim law? Discuss it with ‘Shah Banu’ case.
  5. Explain the pre-emption with its formalities to secure this right.
  6. Who can claim these rights under Muslim and land laws? Discuss in details. (7+5.5)

 

  1. Define ‘WAKF’ and discuss all the related acts to it focusing the ‘Rosmoy Chowdhury case’.

(12.5)

  1. ‘X’ a Hanafi Muslim died having behind his father, mother, 2 sons 2 daughters and one son’s son.Distribute his property among them  as to the Muslim law.

 

 

_____________________________________________________________________

 

 

 

 

 

 

 

 

 

______________________________________________________________

  1. Transfer of Property Act/ Law of Transfer of Property

 

  1. What do you mean by “Property” according to the Laws of Bangladesh? Who is entitled to transfer of a property under Bangladeshi Laws and how may it be transferred? What types of property can not be transferred? Explain.
  2. Explain the terms “Condition restraining alienation” & “Conditional transfer” in brief. Distinguish between condition precedent & condition subsequent. Explain the doctrine of part-performance with an example.
  3. (a) Discuss the various types of mortgage in brief.

      (b) Discuss the rights & duties of a buyer and seller under the Transfer of Property Act, 1882.

  1. Write short notes on the following-

(a) Doctrine of Cy-press;

(b) Doctrine of Lispendense;

(c) Doctrine of Election;

(d) Doctrine of Estoppel;

  1. Define ‘Lease’. What are the various types of lease? Discuss the relevant provisions on lease under the Transfer of property Act, 1882 in brief. 02+03+05=10

 

  1. Explain the term “Gift” in brief. Distinguish between “Gift’ under the Transfer of Property Act, 1882 and “Heba” under the Muslim Law. What is ‘onerous gift’?4+4+2=10
  2. Distinguish between mortgage and lease. State the relevant provisions on redemption and foreclosure under the Transfer of Property Act, 1882. 04+06=10
  3. Write short notes on the following- 02.5x04=10

(a) Charge;

(b) Exchange;

(c) Easement;

(d) Actionable claim;

  1. Draft a ‘sale deed’ as per the provisions of the Transfer of Property Act, 1882 using fictitious name, addresses and facts. 10
  2. Draft a “Power of Attorney” following the requirements of the Power of Attorney Act, 1882. Draft an ‘affidavit’ in this regard. 08+02=10
  3. Define ‘sale’. State the rights, duties and liabilities of a seller & a buyer. When and how may a sale of a property be effective under the Registration Act, 1908? Explain. 02+05+03=10

 

  1. Distinguish ‘gift’ under the ‘Transfer of Property Act’ with the provisions of Muslim Law on ‘heba’. What is ‘onerous’ gift? When and how may a ‘gift’ be revoked? What types of registration fees is applicable for a gift among the closed relatives? Discuss. 03+02+03+02=10

 

  1. Distinguish between ‘lease’ and ‘licence’. Discuss the various provisions of the ‘Transfer of Property Act, 1882’ on lease. 03+07=10

 

  1. Define the term ‘mortgage’. What is the difference between ‘mortgage’ and ‘pledge’? Discuss the various types of mortgage in short. How the Registration Act, 1908 is applicable in case of transfer of a property through mortgage? Explain. 02+02+04+02=10

 

  1. (a) Draft a ‘power of attorney’ empowering a person to transfer your property. 05

(b) Draft an ‘affidavit’ necessary to transfer an immovable property under the relevant Law.  05

 

  1. Explain the following: (any four)   5=10
  • Charge;
  • Actionable claim;
  • “Redeem up and foreclosure”;
  • “Clog on redemption”;
  • Exchange;

Doctrine of “Notice

  1. State different forms of ‘transfer of property’ under various Laws of Bangladesh. Define ‘immovable property’ under Bangladeshi Laws. Explain the relevant laws of Bangladesh on ‘transfer of property’ in brief. 03+04+03=10
  2. Explain the following- 04x2.5=10

(a) Easement;

(b) Possession & Ownership;

(c) Contingent interest and vested interest;

(d) Condition restraining alienation;

  1. State the concept of proprietary rights in brief. What are the modes of acquisition of property? Explain. 08+02=10
  2. Write short notes on the following- (any four) 2.5x04=10

(a) Doctrine of Cy-press;

(b) Doctrine of Perpetuity;

(c) Doctrine of Election;

(d) Doctrine of Part-performance;

(e) Doctrine of Apportionment;

 

___________________________________________________________________________

 

 

 

 

 

 

 

 

 

 

__________________________________________________________

  1. Land Laws of Bangladesh

 

Group-A

Answer any two of the following question-02×10=20

  1. What do you mean by ‘Property’? State the various types of ‘property’ in brief. Explain the meaning of ‘vested’ ‘enemy’ and abandoned property in short.
  2. Distinguish between possession and ownership. How may the right to possession and ownership be protected in Bangladesh? Discuss.
  3. State the various modes of transfer of property. What are the difference between ‘mortgage’ and ‘Lease’? Discuss.

Group-B

Explain the following (any one) 01×05=05

 

  1. Pre-emption;
  2. Mutation and Land registration.

Group-A

Explain the following (any three) 03×05=15

 

  1. Gift and will;
  2. Acquisition and Requisition’
  3. Allusion and Dilution’
  4. Permanent settlement and land registration;
  5. Property and its various types;

Group-B

Answer any one of the following: 01×10=10

 

  1. Distinguish between possession and ownership. How could you protect your right to possession and ownership under the existing laws of Bangladesh? Explain.
  2. What do you mean by land survey? Explain the jurisdiction power and functions of Settlement Court’ Land Survey Tribunal; and ‘land Survey Appellate Tribunal; When and how could you complete ‘mutation’ in Bangladesh?  Discuss.

 

  1. How would you define “Immovable property/land”? What are the provisions pertaining to “Immovable property/land” in the constitution of Bangladesh? Could Sketch out the importance of studying land law?

 

  1. What do you mean by “Land survey”? Could you illustrate the importance and objective of “Land survey”?

 

  1. How would you define “Khatian”? Could you describe the various stages of “preparation of Khatian”?

 

  1. Write down  short notes on  all the following issues:
  2. Patta,
  3. Kabuliyat,
  4. Mutation and

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. Banking and Artha Rin Adalat Ain

 

Question 1.

To whom the Artha Rin Adalat Ain is applicable? Do you think the law is self-sufficient and justified? How may a suit be transferred under the Artha Rin Adalat Ain? Discuss. 03+05+04.5=12.5

Question 2.

What do you mean by ADR? How may ADR be applied in Bangladesh? Give a short description of the provisions of ADR under the Artha Rin Adalat Ain, 2003.          02+04+6.5=12.5

Question 3.

What do you understand by the word “financial institution”? Evaluate the provisions of sections-12, 20 and on appeal of the Artha Rin Adalat Ain in short.  04+8.5=12.5

Question 4. (Explain the following with examples)  04+04+04.5=12.5

(a) Exparte decree; (b) Plaint; (c) Written statement and written objection.

Group-A

Answer any two of the following: 02×10= 20

  1. Briefly explain the provisions of Atha Rin Adalat Ain, 2003. What information must be given in a plaint or written statement under the Artha Rin Adalat Ain, 2003? Explain.
  2. State the merits and demerits of Artha Rin Adalat Ain in details. How could you evaluate the provisions of appeal under the Artha  Rin Adalat Ain? Discuss.
  3. (a) Briefly discuss the power and functions of Artha Rin Adalat.

(b) How may a suit be transferred form one Artha Rin Adalat to another Court?

 

Group-B

Answer any one of the following: 01×05= 05

 

  1. Explain decree;
  2. Auction
  3. Execution of decree and warrant;

 

  1. Discuss the advantages of Alternative Dispute Resolution. State the relevant provisions of law relating to disposal of an Artharin suit through mediation.     (6+6.5)

 

  1. Is there any provision for filing appeal or revision by an aggrieved party against the order/decree of Artharin Adalat. Elaborate your answer referring concerned provisions of law. Has the Artharin Adalat got any power to review its decision?                                                                                                                                    (6+4.5+2)

 

  1. What is the time limit for filing execution petition? In execution proceeding how notice is served upon the judgment-debtor? Enumerate the procedure of auction sale in an execution proceeding.                                                                             (2+2+8.5)

 

  1. “Artharin Adalat Ain, 2003 provides for ordering civil imprisonment against a judgment-debtor for compelling him to satisfy the decree.”-Elucidate the statement.                                                                                                                        (12.5)

 

  1. a) State the provisions of law relating to constitution & powers of Tribunal under Bank Company Act, 1991.                                                                                                 5
  1. b) “If any person violates any provision of Bank Company Act, 1991, he shall be punished.”-Explain this statement with relevant provisions of law as laid down in Bank Company Act, 1991. 5

 

  1. Enumerate the procedure of auction sale in an execution proceeding as provided in    Artharin Adalat Ain, 2003.                          

_______________________________________________________________________

 

 

 

 

 

 

 

 

 

 

______________________________________________________________________________

 

  1. Medical Jurisprudence

 

  1. 01. State the importance of the study of ‘medical jurisprudence’. Explain the historical background of the study of ‘Medical Jurisprudence’ in brief. 07+03=10
  2. (a) What do you understand by legal death’. 03

(b) Explain the provisions of the “Transplantation of Human Organs Act, 1999’ in brief.                    07

  1. (a) State the essential organs of a human body in short. 06

(b) How far are the provisions of ‘medical ethics’ being followed in Bangladesh? Discuss.    04

  1. Explain the following- 02.50x04=10

(i) Post-mortem, inquest report & Exhumation;

(ii) Lunatic;

(iii) Hurt, Grievous hurt & injury;

(iv) Abortion / Miscarriage;

  1. 01. How do you examine the importance of the study of ‘medical jurisprudence’ in the context of Bangladesh? Explain. 10
  2. (a) What do you understand by brain death’. 03

(b) Discuss the “negligent act” of medical practitioners in brief with case references.                    07

  1. (a) State the essential organs of a human body in short. 06

(b) State the provisions of the “Manob-Dehe-Ongo Protongo Songjojon-ain” in brief.    04

  1. Explain the following- 02.50x04=10

(i) Post-mortem, inquest report & Exhumation;

(ii) Lunatic;

(iii) Medical ethics;

(iv) Evolution of medical jurisprudence;

 

  1. 01. State the importance of the study of ‘medical jurisprudence’ with its impact on our judiciary in decision making procedures. 10

 

  1. (a) What do you understand by ‘legal death’? 03

(b) Explain the importance and procedures of ‘post-mortem’ in brief.                    07

  1. Discuss the various forms of injuries in short. How may a person be tried for committing “injury” under the existing criminal laws of Bangladesh? 07+03=10
  2. What are the different modes of ‘person’s identification’? Discuss the necessities of person’s identification in brief. 07+03=10
  3. Write an essay on “Medical evidence and medical witnesses” in accordance with the relevant provisions of various Laws. 10
  4. Explain the following- (any two) 05x02=10

(i) Toxicology;

(ii) Torture;

(iii) Exhumation;

  1. “Do you think that the study of medical jurisprudence is essential for a student of Law”- Why? Discuss the relationship of the ‘Medical Jurisprudence’ with various criminal Laws of Bangladesh. 03+07=10

 

  1. What is the importance of ‘identification’? What methods are commonly used for identifying a person? How may ‘Medical Jurisprudence” be applied in this case? 03+03+04=10

 

  1. Who is a lunatic? What are the relevant Laws that determining the legal status of a lunatic? How may a lunatic be treated under the civil and criminal Laws of Bangladesh? Explain. 02+02+06=10

 

  1. How could you classify ‘evidence’ into various types? What is ‘medical evidence’? Justify the use of ‘medical evidence’ in a court proceeding. 02+02+06=10

 

  1. Explain the “Manob-Dehe- Ongo Protongo-Sangjojon Ain-1999” in brief. What other Laws are prevailing in Bangladesh on ‘Medical Jurisprudence’? 08+02=10

 

  1. Explain the following- 02.50x04=10

(i) Post-mortem & inquest report;

(ii) Medical witness;

(iii) Negligent act of a medical practitioner;

(iv) Medical ethics in Bangladesh;

 

_________________________________________________________________

 

 

 

 

 

 

 

 

 

 

__________________________________________________________________

  1. Jurisprudence

 

  1. What do you mean by Jurisprudence? State the scope of jurisprudence with its relationship with other subjects. What are the famous schools of Law? 03+05+02=10

 

  1. Distinguish between human rights and fundamental rights. How could you enforce your rights through national and international mechanisms? Discuss. 03+07=10
  2. State the sources of Law in short. 10

 

  1. (a) who is a legal person? Discuss. 05

(b) What are the various types of possession? Distinguish between possession and ownership. 02+03=05

  1. “Jurisprudence is the science of law” –explain. State the scope of jurisprudence with its relationship with other subjects. What are the famous schools of Law? 03+05+02=10
  2. What do you mean by rights? How could you classify rights into various types? State the enforcement mechanisms of human and fundamental rights in brief. 03+07=10
  3. What are the important sources of Law? How is precedence a source of Law in Bangladesh? Discuss the other sources of Law in short. 02+05+03=10
  4. (a) Distinguish between legal and individual person with case decisions. 05

(b) State the various modes of acquiring possession and ownership. 05

  1. Discuss the different theories of punishments in short. Do you support capital punishment? Give reasons in favour of your answer. 05+05=10
  2. What are the different forms of liabilities? Discuss with examples. 10

 

  1. (a)Evaluate Austin’s Command theory of Law. 05

            (b) What do you understand by Kelson’s Pure theory of Law? Discuss. 05

  1. What do you mean by ‘rule of law’ and ‘access to justice’? Evaluate the existing conditions of ‘rule of law’ in Bangladesh with the various theories made thereof. 02+03+ 05=10
  2. Explain the following theories of Jurisprudence- 03+03+04=10
  • Natural Law theory;
  • Sociological theory of Law;
  • Karl Marx’s theory on Law and economics;
  1. (a) Why the study of Jurisprudence is important? Discuss. 05

(b) Discuss the various types of obligation with examples. 05

 

_______________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

________________________________________________________________

  1. Islamic Jurisprudence

 

  1. What do you know about the Sources of Islamic Law? Briefly discuss the Primary and Secondary sources of Islamic Law? 2.5+10
  2. State the reasons of development of different school and period of development of Islamic Jurisprudence. Briefly discuss Shia and Sunny school and give distinction between this two. 4.5+8
  3. Discuss the contribution of Imam Abu Hanifa and Imam Shafai in the field of Islamic Jurisprudence. 6.5+6
  4. What do you know about Mujtahid? What are their qualifications? State its classification. Discuss Talfiqh with examples. 2.5+3+3+4
  5. Define Islamic law. List it’s classification. Discuss the substantive and procedural laws in the eye of Islamic law. 2.5+3+7
  6. What do you know about Hadid? How it was aggregated? Give its classification. What are the conditions of eligibility of Hadid? What are the characteristics of Islamic Law?  2+2.5+2+3+3

 

__________________________________________________________________

 

 

 

 

 

 

 

 

 

______________________________________________________________________

  1. Research Monograph

 

Group-A

Answer the following question-01×15=15

 

  1. What do you mean by research? How may you divide research into various types? Prepare a research proposal based on the topic that has already been assigned to you.

Group-B

    Explain the following (any five) 01×05=05

 

  1. (a) Cf. means-

            (b) Edn & Edt means-

            (c) Etal means-

            (d) passim means-

            (e) ch. Means-

            (f) id/ibid/ibidum means-

Group-C

Answer the following question-01×05=05

  1. 3. State the various steps of taking preparation for writing research proposal in brief. Why is a legal research different from other types of research?

 

 

Question 1.

 

Draft a research proposal on the topic that has been assigned to you as part of your Research Monograph Course.                                15

Question 2.

State the techniques of a legal research in brief. What are the common guidelines of a legal research? Explain.   1+1+3=5

 

Question 3. (Explain the following with examples) 1x5=5

(a) Infra and Supra ;

(b) Passim;

(c) Id;

(d) P and Pp;

(e) Edn. & Edt.;

 

_______________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

______________________________________________________________________

  1. Information Technology Law (IT Law)/ Cyber Law

 

Question 1.

What do you mean by “Information Technology Law”? What Laws of Bangladesh are related with information technology? Explain the importance of IT Law in the context of present world affairs with examples.                                 3+4+5.5=12.5

Question 2.

State the relationship of IT Law with other subjects and relevant provisions of various Laws.     12.5

Question 3. (Explain the following with examples) 4+4+4.5

(a) Cyber Crime ;

(b) Computer Virus;

(c) Hacking;

Question 4.

State the historical background of IT Law with case references. What is the scope of Information and Communication Technology Act, 2006? Discuss.                    06+6.5= 12.5

 

___________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

______________________________________________________________

  1. Hindu Law

 

  1. Sketch out all distinctions between Dayabaga and Mitakshara School relating to inheritance and joint-family property. (12.5)
  2. Draw out all rhymes and reasons for the exclusion from inheritance under both Schools of Hindu law, specially, focusing the rights of women. (12.5)  
  3. What do you understand by ‘Adoption’?

b . Discuss all the requirements and formalities for a valid adoption to be done.

  1. Explain the legal consequences of a valid adoption. (2+7+3.5).
  2. ’ Debuttar property’ and ‘Charitable endowments’- define.
  3. Discuss all the rights and duties of a ‘Shebayet’.
  4. What are the procedures to be followed for the removal of a Shebayet?

                                                                                                       (2+7+3.5)

  1. Who are to be entitled with exclusive maintenance and who are to be with limited one? What would be the arisen situation in case of an illegitimate son or daughter?
  2. What would be the newly assured condition in gaining the father’s property by inheritance if a natural son is born after the adoption under different Schools? Discuss. (7+5.5).
  3. Write short notes on-

a.Per-stripes and per-capita;

b.Reversionary-back Rule;

cSapinda;

d.Stridhan and woman’s property.     (3+3+3+3.5).  

 

_____________________________________________________________________

 

  1. Equity and Trust

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

______________________________________________________________________

  1. Constitutional Law of UK and USA/ Comparative Constitutional Law

 

  1. Discuss the importance of ‘Independence of Judiciary’ to ensure the ‘Rule of Law’.

 

  1. The Doctrine of ‘Separation of Power’ among the organs of a democratic State is important for good governance of the Government. Explain the Doctrine of ‘Separation of Power.’

 

  1. ‘Judicial Review’ power of USA Supreme Court is a special provision of USA constitution. Explain ‘Judicial review’ according to USA Constitution with a reference to important case.

 

  1. What are the kinds of Writ? Suppose ‘A’ is the Head Master of Dhanmondi Government High School. ‘B’ lives in Rangamati District. His name is Anil Chakma. He applied for admission in class VI, Dhanmondi Government High school. But his application was rejected with a ground that he is from Rangamati. He comes to you for advice. Advice him what he can do according to provisions of Bangladesh Constitution?

 

  1. British constitution is an unwritten constitution. USA Constitution is a first written constitution of the world. Now discuss the similarities and dissimilarities between UK and USA constitution.

 

  1. Amendment procedure is an important feature of a good constitution. Describe the amendment procedure of Bangladesh Constitution.

 

  1. Discuss the ‘Impeachment’ procedure of Honourable President of Bangladesh according to Bangladesh Constitution.

 

 

___________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

______________________________________________________________________

 

  1. Interpretation of Statutes and General Clauses Act

 

  1. What do you understand by “interpretation of law”? Why interpretation of law is necessary? Discuss the prevalent rules of interpretation of penal law. 3+5+4.5=12.5
  2. “General Clauses Act 1897 is like a dictionary in the legal system of Bangladesh”. Discus the significance of this proposition with reference to the provisions of the Act. 12.5
  3. When a law in force is repealed by a new law. What is the legal consequence of such repeal? If there is a savings clause in the new law, what will be its implication? Discuss by giving reference and example. 3+5+4.5=12.5
  4. Define and explain Abetment, Act of Parliament, Document, Affidavit and Schedule. 2.5+2+2+2+2= 12.5
  5. What do you know about doctrine of Double Jeopardy? Distinguish between Retrospective statute and Ex post facto laws. What are the provisions as to offences punishable under two or more enactments? 3+5+4.5=12.5
  6. ‘Rules of General Clauses Act, 1897 are followed often beyond your knowledge to keep our legal system operational’. Discuss the following terms in view of the above comment. 5+4.5+3=12.5

(a)Computation of time;

(b)Power to appoint;

(c) Gender.

  1. What do you understand by “interpretation of a Statute”? Why interpretation of law is necessary? Who can interpret a Statute? Discuss the three rules of interpretation of a statute. 3+3+3+3.5=12.5

 

  1. How could you define Enactment? Discuss the various parts of a statute.

Distinguish between illustrations and explanations. What are the basic rules of interpretation of a contract?                                     3+3+3+3.5=12.5

 

  1. What do you know about benefit of doubt? Distinguish between Retrospective statute and Ex post facto laws. What are the provisions as to offences punishable under two or more enactments? 3+5+4.5=12.5?

 

  1. Explain the following Maxims -12.5

(a) Nemo est haeres viventis;

(b) Testes ponderautur non numerautur;

(c) Delegate potestas non potes delegari;

(d) Ex turpi causa non oritur action;

(e) In  proparia causa nemo judex namo judex I re sun;

(f)  Ubi jus ibi remedium.

 

_______________________________________________________________________

 

 

  1. ADR

 

 

 

 

_________________________________________________________________

  1. Public International Law

Answer Any Four Out of Six Questions

  1. Define International Law. Critically analyze the limitations of International Law with reference to the relevant cases? What steps, in your view, can be taken to strengthen International Law? (2.5+ 5+5)
  2. G. Stark claims “The Present century has witnessed a greater impetus to the development of International Law than at any previous stage of its history”. What factors gave such impetus to the development of International Law? Explain. Do you think the importance of studying International Law is gradually increasing? Substantiate your answer with relevant logical ground and supportive empirical evidence. (6.25+6.25)
  3. Describe the privileges and immunities of different category of diplomats under International Law. What are the functions of diplomatic mission? On what conditions the rights and responsibilities of diplomats can be terminated. Who are consuls and what are their functions? (4+2.5+2+4)
  4. What are the five freedoms of the Law of the Air? Write down the Power and Function of General Assembly and Security Council of the United Nations Organization. (4+8.5)
  5. Write a short note on Territorial Sea. Identify the rights and responsibilities of a Coastal State in the Exclusive Economic Zone and what are the rights of a Non Coastal State to another state’s EEZ? Suppose you are the Chief of the monitoring body of the maritime security of your state. Your team has suddenly identified that a foreign ship is violating the sea law of your state. What steps would you take? (3.5+5+4)
  6. Write short note on any four from the following: (4 X 3.125)
  7. International Court of Justice, B. International Criminal Court, C. War crime, D. Neutrality and its essential elements, E. Write a short note on asylum, F. Extradition and its key elements, G. High Sea, H. What are the different modes of acquiring new territory under international law?

      1.What is the margin of Continental shelf in Bangladesh? How it’s boundary delimited under the UN Convention on the law of the Sea, 1982? Discuss and draw out all the Signified Portions of International  law of the Sea under two Conventions, 1958 and 1982. 

 

2.Discuss the sense of adoption and rationality of the case ‘I am alone’ with the related Article, fact and decision.    (12.5)  

                                                     

3.a. ‘Pacta Sunt Servanda’ – discuss it with the all bindings to be performed for a treaty,     

   emphasizing it’s conditions.

 

  1. Is there any scope to untie the entrance of a state to a treaty after the publication of it? Discus .(6+6.5)

4.Focus all the four periods of development of International Environmental law with the positive pavements specially featured from the First World War to till now. (12.5)                                                                                            

5.What are the freedoms of the air? How has the fifth freedom been extended? Compare and contrast the decisions in the Aerial Incident case (1955) and the U-2 case (1990).(7+5.5)

6.Write short notes on-

A .Grammatical Rule; ( b). NATO; (C). United  Nations ; (d).WTO.       (3+3+3.5+3)

 

 

_________________________________________________________________

 

  1. Fiscal Law/ Law of Taxation

 

 

 

 

 

 

 

 

 

 

 

 

____________________________________________________________________

  1. Law of Evidence

 

  1. State the importance of the Evidence Act, 1872 in brief. What types of evidences are allowed in the Court of Law under the Evidence Act, 1872? Discuss. 05+05=10
  2. Explain the following- (any two) 05x02=10

(a) Expert opinion;

(b) Dying declaration;

(c) Facts in issue and relevant facts;

  1. Distinguish between admission and confession. State the provisions of the Evidence Act, 1872 on confession. What procedures are followed by the Court under the relevant Laws on writing confessional statements? Discuss. 03+05+02=10
  2. 04. (a) Make a comparative study on “approver”, “co-accused” and “accomplice”. 05

 (b) When may an admission be used in favour of the person? Is there any limitation of the Evidence Act, 1872?     03+02=05

 

  1. Discuss the different types of evidence in short. When and how is character a relevant fact? Discuss with example. 05+05=10

 

  1. Explain the following- (any two) 05x02=10

(a) Public documents and private documents;

(b) Primary evidence and secondary evidence;

 

  1. Write short notes on the following: 03+03+04=10

(a) Co-accused and Accomplice;

(b) Hostile witness;

(c) Leading questions;

 

  1. Explain the circumstances when oral evidences are excluded by documentary evidences. Is there any exception when oral evidences will get preference over documentary evidence? Discuss. 07+03=10

 

  1. 05. What do you understand by burden of proof? Illustrate your answer with the relevant provisions of the Evidence Act, 1872. 03+07=10

 

  1. Answer the following (in short) 2.5x04=10

(i) Estoppel;

(ii) Communications between parties;

(iii) Rules of taking of evidences;

(iv) Judge’s privileges;

 

 

_______________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

  1. International Trade Law

 

 

 

 

 

 

 

 

 

 

________________________________________________________________________

  1. International Human Rights Law

 

  1. “Commonwealth Independent states (CIS) is a body working on many sectors including protection and promotion of human rights”- Explain. Do you think that the function of CIS is sufficient in the promotion and protection of human rights in their respective region comparing to the European Courts on Human Rights? Illustrate.
  2. Distinguish between human rights and fundamental rights. Make a comparative study of the provisions of the constitution of India, Pakistan and Bangladesh on human rights protection.
  3. How human rights may be protected in Bangladesh? How can you apply to an international body for the protection of human rights from Bangladesh if there is gross violation of misconduct? “The principles of Islam are focused in our constitution as human rights”- Explain.
  4. What do you mean by human rights? What are the characteristics of human rights? 10
  5. What are the historical documents that pushed for the adoption of the Universal Declaration of Human Rights (UDHR)? Discuss. 10
  6. Write down ten human rights declared in the Universal Declaration of Human Rights. 10

 

  1. What is the difference between human rights and fundamental rights? Discuss it in respect of the constitution of Bangladesh? 10

 

Group-A

Q.1. Write Short notes: (any four) 04x05=20

  • Human rights committee
  • 1503 Procedure
  • Third generation of human rights
  • Non-derogable rights
  • Human Rights Council
  • Inter- American courts on human rights

 

Group-B (any two) 02x10=20

Q.2. Briefly narrate the inter-state communication procedure under International Covenant on Civil and Political Rights, 1966.    10

Q.3. What is the status of UDHR in the field of International Law? Is it binding upon the states? Discuss.     07+03=10

Q.4. Narrate the individual complaint procedure against a state for the violation of human rights as declared in the European Convention on Human Rights.     10

 

 

_________________________________________________________________________

 

 

 

 

 

  1. International Humanitarian Law

 

Q.1.What laws are known as international humanitarian law? Discuss the provisions of various Geneva conventions on prisoners  of war.

Q.2.Define Terrorism and terrorist act. What are the elements of terrorism? What is the relevancy of terrorism with IHL?

Q.3.How international humanitarian  law is incorporated in our constitution? Do you think the provisions which are incorporated in our constitution is sufficient for ensure IHL?Give reason in your answer.

Q.4.The fourth Geneva convention breaks new grounds in that it protects civilian persons who have taken into  enemy hands from arbitrary treatment & violence. It’s a constructive contribution in the humanitarian  dimension to international law-Discuss.

Q.5.Distinguish  between human rights and humanitarian law. State the essential features of the international  humanitarian law in short.

Q.6.Write short notes on the following:

     A)Additional protocol to the Geneva conventions.

      B)ICRC

       C)Islam and international humanitarian law.

 

 

 

_____________________________________________________________

 

  1. Women’s Human Rights

 

 

 

 

 

 

 

 

 

 

 

________________________________________________________________________

 

  1. Criminology

 

  1. How police is bound to follow the Law? State the functions of the different police forces of Bangladesh in short. 03+07=10

 

  1. Discuss the various elements of crime with examples. How may a person use the law for self defense? Discuss. 08+02=10

 

  1. What do you mean by criminology? Evaluate the role of various scholars in the development of criminology. 03+07=10

 

  1. What are the essential elements of criminal administration? Discuss the functions of various Courts of Bangladesh exercising their jurisdiction on criminal matters. 03+07=10

 

  1. State the Jail Administration of Bangladesh in short. 10

 

  1. What do you mean by terrorism and organized crime? Can a state be declared as a terrorist? Discuss the national and international Laws on terrorism in brief. 02+08=10

 

  1. Who is a child? How could you address the problem of Juvenile crime in Bangladesh and the outside world? Discuss in the light of relevant Laws. 03+07=10

 

  1. Distinguish between parole and probation. Discuss the relevant laws of Bangladesh on probation. How shall the probation officer perform his duties? Discuss. 03+05+02==10

 

  1. Write short notes on the following- 05x02=10
  • White collar crime;
  • War crimes and crimes against humanity;
  • Crime and sin;

 

Name the various theories of crime. Discuss the psychological and biological theories of crime in brief. Illustrate your answer in accordance with the theory of Sigmund Fruaid, Lombrosso and Garofello

_____________________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. International Refugee Law
  2. Intellectual Property Law

 

 

 

 

 

 

 

 

 

 

___________________________________________________________________________

  1. Principles of Civil Litigation

 

 

Group-A (any two)

  1. State in brief the pre-trial stage (from institution of a suit upto the settling date) of a civil suit. 10

 

  1. Discuss in short the Trial stage of an ordinary civil proceeding. 10

 

  1. What do you understand by ‘execution of a decree’? How may a decree be executed? On what circumstances an appeal is allowed against a decree? Discuss. 03+04+03=10

 

  1. On what grounds may a Court Order for attachment before judgement? State the grounds for an injunction Order with its classifications. 05+05=10

 

Group-B

Write short notes on the following: (any four)   05x04=20

 

  1. Forms of ADR;
  2. Appeal, revision and review.
  3. Exparte decree and remedies thereof;
  4. Cost, court fees and process fees;
  5. Commission;
  6. Interpleader suit;
  7. Civil Rules and Order (CRO);
  8. Special Civil Courts in Bangladesh;

 

Write short notes on the following: (any ten)   10x02=20

 

  1. Plaint and rejection of plaint;
  2. Affidavit and verification;
  3. Decree and precept;
  4. Jurisdiction of a Civil Court;
  5. Forms of ADR;
  6. Pauper/ Indigent Suit;
  7. Summon and service of summon;
  8. Receiver and his functions;
  9. Appeal and revision in a civil suit;
  10. Attachment before judgment;
  11. Exparte decree and remedies thereof;
  12. Injunction and its various forms;
  13. Set off and counter claim;
  14. Suit against public servant;
  15. Cost, court fees and process fees;

 

  1. Discuss the advantages of Alternative Dispute Resolution. State the relevant provisions of law relating to disposal of an Artharin suit through mediation. (6+6.5)

 

  1. Is there any provision for filing appeal or revision by an aggrieved party against the order/decree of Artharin Adalat. Elaborate your answer referring concerned provisions of law. Has the Artharin Adalat got any power to review its decision?    (6+4.5+2)

 

  1. What is the time limit for filing execution petition? In execution proceeding how notice is served upon the judgment-debtor? Enumerate the procedure of auction sale in an execution proceeding. (2+2+8.5)

 

  1. “Artharin Adalat Ain, 2003 provides for ordering civil imprisonment against a judgment-debtor for compelling him to satisfy the decree.”-Elucidate the statement. (12.5)

 

  1. a) State the provisions of law relating to constitution & powers of Tribunal under Bank Company Act, 1991. (5)
  1. b) “If any person violates any provision of Bank Company Act, 1991, he shall be punished.”-Explain this statement with relevant provisions of law as laid down in Bank Company Act, 1991. (7.5)

 

  1. Enumerate the procedure of auction sale in an execution proceeding as provided in    Artharin Adalat Ain, 2003. (12.5)

 

 

____________________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

  1. Comparative Law
  2. Special criminal Laws

 

 

 

 

 

 

 

 

 

 

 

 

 

 

_____________________________________________________________________________

  1. Clinical Legal Education

 

(please see- conveyance and drafting courses syllabus/ questions)

  1. Explain the following: 04x2.5=10
  • Order and decree;
  • Issues;
  • Inherent power of the court;
  • Plaint and written statements;

 

  1. Discuss and distinguish between civil appeal, revision, review and references. 10

 

  1. What do you mean by suit for khas possession? Explain the grounds for specific performance of a contract. 05+05=10

 

  1. Discuss the various types of injunction with examples. How could you file an application for temporary injunction? Discuss. 08+02=10

 

 

 

______________________________________________________________________

 

 

 

 

 

 

 

 

 

___________________________________________________

  1. Government and Politics

 

 

Answer the following questions as per the requirements in brief:

The Legislature:

 

China

France

Canada

UK

Switzerland

USA

History:

 

 

 

 

 

 

Official Name of the country:

 

 

 

 

1.Special features:

# Unicameral/ Bicameral:

 

 

 

 

 

# Supremacy of the constitution:

 

 

# Number of members:

 

 

 

 

 

# Tenure:

 

 

 

# Qualifications of members:

 

 

 

 

# Powers and functions:

 

 

 

 

 

 

# Preside over by-

 

 

 

 

# Vacant of post:

 

 

 

 

#Committees:

 

 

 

 

 

History:

 

 

 

 

 

 

Official Name of the country:

 

 

 

 

1.Special features:

# Unicameral/ Bicameral:

 

 

 

 

 

# Supremacy of the constitution:

 

 

# Number of members:

 

 

# Tenure:

 

 

 

 

# Qualifications of members:

 

 

 

 

# Powers and functions:

 

 

 

 

 

 

# Preside over by-

 

 

 

 

# Vacant of post:

 

 

 

 

#Committees:

 

 

 

History:

 

 

 

 

 

 

Official Name of the country:

 

 

 

 

1.Special features:

# Unicameral/ Bicameral:

 

 

 

 

 

# Supremacy of the constitution:

 

 

# Number of members:

 

 

# Tenure:

 

 

# Qualifications of members:

 

 

 

 

# Powers and functions:

 

 

 

 

 

 

# Preside over by-

 

 

 

 

# Vacant of post:

 

 

 

 

#Committees:

 

 

 

History:

 

 

 

 

 

 

Official Name of the country:

 

 

 

 

1.Special features:

# Unicameral/ Bicameral:

 

 

 

 

 

# Supremacy of the constitution:

 

 

# Number of members:

 

 

# Tenure:

 

 

# Qualifications of members:

 

 

 

 

# Powers and functions:

 

 

 

 

 

 

# Preside over by-

 

 

 

 

# Vacant of post:

 

 

 

 

#Committees:

 

 

 

History:

 

 

 

 

 

 

Official Name of the country:

 

 

 

 

1.Special features:

# Unicameral/ Bicameral:

 

 

 

 

# Supremacy of the constitution:

 

 

 

 

# Number of members:

 

 

# Tenure:

 

 

# Qualifications of members:

 

 

 

 

# Powers and functions:

 

 

 

 

 

 

# Preside over by-

 

 

 

 

# Vacant of post:

 

 

 

 

#Committees:

 

 

 

History:

 

 

 

 

 

 

Official Name of the country:

 

 

 

 

1.Special features:

# Unicameral/ Bicameral:

 

 

 

 

# Supremacy of the constitution:

 

 

 

# Number of members:

 

 

# Tenure:

 

 

# Qualifications of members:

 

 

 

 

# Powers and functions:

 

 

 

 

 

 

# Preside over by-

 

 

 

 

# Vacant of post:

 

 

 

 

#Committees:

 

 

 

 

 

 

The Executive

 

China

France

Canada

UK

Switzerland

USA

  1. Head of the State:

 

 

2. Head of the Government:

 

 

  1. Qualifications:

 

 

 

  1. Disqualifications

 

 

 

 

 

  1. Election procedure:

 

 

 

 

 

  1. Powers and functions:

 

 

 

 

  1. Tenure:

 

8. Vacant of post:

 

 

9. Impeachment, if any,

 

 

 

 

 

 

  1. Head of the State:

 

 

2. Head of the Government:

 

 

  1. Qualifications:

 

 

 

  1. Disqualifications

 

 

 

 

 

  1. Election procedure:

 

 

 

 

 

  1. Powers and functions:

 

 

 

 

  1. Tenure:

 

8. Vacant of post:

 

 

9. Impeachment, if any,

 

  1. Head of the State:

 

 

2. Head of the Government:

 

 

  1. Qualifications:

 

 

 

  1. Disqualifications

 

 

 

 

 

  1. Election procedure:

 

 

 

 

 

  1. Powers and functions:

 

 

 

 

  1. Tenure:

 

8. Vacant of post:

 

 

9. Impeachment, if any,

 

  1. Head of the State:

 

 

2. Head of the Government:

 

 

  1. Qualifications:

 

 

 

  1. Disqualifications

 

 

 

 

 

  1. Election procedure:

 

 

 

 

 

  1. Powers and functions:

 

 

 

 

  1. Tenure:

 

8. Vacant of post:

 

 

9. Impeachment, if any,

 

  1. Head of the State:

 

 

2. Head of the Government:

 

 

  1. Qualifications:

 

 

 

  1. Disqualifications

 

 

 

 

 

  1. Election procedure:

 

 

 

 

 

  1. Powers and functions:

 

 

 

 

  1. Tenure:

 

8. Vacant of post:

 

 

9. Impeachment, if any,

 

  1. Head of the State:

 

 

2. Head of the Government:

 

 

  1. Qualifications:

 

 

 

  1. Disqualifications

 

 

 

 

 

  1. Election procedure:

 

 

 

 

 

  1. Powers and functions:

 

 

 

 

  1. Tenure:

 

8. Vacant of post:

 

 

9. Impeachment, if any,

 

 

 

 

The Judiciary

 

China

France

Canada

UK

Switzerland

USA

# Higher Judiciary

 

 

 

 

 

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post:

 

 

 

 

 

Subordinate Judiciary:

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post:

 

# Higher Judiciary

 

 

 

 

 

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post:

 

 

 

 

 

Subordinate Judiciary:

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post

# Higher Judiciary

 

 

 

 

 

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post:

 

 

 

 

 

Subordinate Judiciary:

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post

# Higher Judiciary

 

 

 

 

 

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post:

 

 

 

 

 

Subordinate Judiciary:

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post

# Higher Judiciary

 

 

 

 

 

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post:

 

 

 

 

 

Subordinate Judiciary:

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post

# Higher Judiciary

 

 

 

 

 

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post:

 

 

 

 

 

Subordinate Judiciary:

# Division of judiciary, if any,

 

 

 

 

 

 

 

# Qualification

 

 

 

 

# Number of Judges

 

 

 

 

 

 

# Powers,functions and jurisdictions:

 

 

 

 

# Vacant of Post

 

 

 

 

Miscellaneous:

  1. Religion:

 

 

  1. Language:

 

  1. Culture and Heritage:

 

  1. Economic condition:

 

  1. Political parties

 

  1. Foreign policy

 

  1. Historical war:
  2. What are the prerequisites of Parliamentary Government? Explain. 5

 

  1. (a) Discuss the functions of the Legislature Department. 5

 

(b) Define the Bicameral and Unicameral system.                              3+3=6

 

  1. Describe the requisites of a properly organized Executive with necessary examples and references.                                                                                              5

 

  1. How the Judiciary play functions other than its own functions? Explain. 12.5

 

  1. In Democratic state describe the merits of party system in general?    5

 

  1. (a) Give definition of Democracy. 5

 

(b) Explain the demerits of Democracy.                                                        7.5

 

 

________________________________________________________________________

  1. International Air and aviation Law

 

  1. Explain the provisions of Extradition Act 1962 and European Convention 1957 with reference to case decisions.
  2. Discuss the role of INTERPOL in maintaining international peace and tranquility.
  3. Why a person migrates from country to country? How could you assist an immigrant through your legal knowledge? Explain.
  4. What is asylum? How may it be classified? Explain the relevant Laws on asylum.

 

 

___________________________________________________________________________

 

 

 

 

 

 

________________________________________________________________________

 

  • Suggestion for Bar Council written examination.

Group-A

CPC-1908:

  • List of important sections:

2/6/9/15/16/26/27/35/35A/35B/44/59-64/89A,89B,89C,89D,89E/96-112/113/114/115/151.

  • List of Orders:

Order-1(1,2,4,8,10)

Order-6(1,14,15,16,17)

Order-7(1,10,11,13)

Order-8

Order-9(6,9,13)

Order-14

Order-17

Order-19

Order-20(1,2,3)

Order-21(Mode of execution of decree)

Order-23

Order-38

Order-39

Order-40

Order-43(1,2)

Order-47.

 S.R Act-1877:

  • List of important sections:

8/9/12/21/22/31/33/35/36/39/40/42/44/52-57.

Group-B

Crpc-1898:

  • List of important sections:

1-64( names& jurisdictions)/54/75-100(summons+warrant)/102(seizure)/144-145/154-155/161,164,364/167/174,176/190-205/241-247/265A-265L/260-264(summary trial)/339B(trial in absentia)/345(compoundable offence)/403-431(407,408,410)/435,439,439A/526,526B,528.

 

 

 

Group-C

penal code-1860:

  • List of important sections:

27(415)/40/41/42/44(319,320)/34+149/96-106/107/120A,120B/191/195/299+300/306/307/309/311/352/359/362/374/375/383/390/391/403/404/406/411/445/463/467/497/499/507/509/511.

Group-D

Evidence Act-1872:

  • List of important sections:

3/17-30(Admission&confession)/32(dying declaration)/45/52/62/74+75/101-115(burden of proof&estoppel)/137/141/154.

Group-E

Limitation Act-1908:

  • List of important sections:

3/5(condonation of dealy)/14/18/19/20/26/29

  • important Articles:

 57/85/120/148/150.

Group-F

  • Bangladesh legal practitioners&bar council order-1972.
  • Bangladesh legal practitioners&bar council rules-1972.
  • Canons of Professonal conduct& etiqutte.

 

 

Please Visit Bar Council/ BJS Coaching menu of this ain-qanoon.com site/ portal for details for exam (MCQ Questions and Answers in Bangla and English)

[1].   Justice M Hidayatullah, “The Law of Evidence” p.52-53, edn-1989

[2]. See-section-167,of the Evidence Act, 1872

[3].   Hidayatullah, M “The Law of Evidence”, Nagpur, India, edn-1916, reprinted-1989.

[4].          The Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972, as amended up to May,2002,Published by Bangladesh Bar Council;

 

Please Visit Bar Council / BIS Coaching menu of this ain-qanoon.com site/ portal for details for exam (MCQ Questions and Answers in Bangla and English)

compiled and edited by: Ahamuduz zaman, ain-qanoon.com

Law Guru

Founder: Ahamuduz Zaman (academician, researcher, author, columnist, lawyer, mentor, human rights activists).

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