law syllabus
TRANSCRIPT
Law Syllabus
Department of Law
School of Law offers unique opportunity to study legal system of national as well as international
arena. The degree seeks to provide a sound knowledge and vocational orientations of the legal
world to those who want to build a career as professional.
The faculty of Law offers:
Bachelor of Law LL B 4 yrs.
Bachelor of Law LL B 2 yrs.
Master of Law LL M 1/2 yrs.
Mission of Department of Law
The overall mission of Department of law, BGC Trust University Bangladesh is to prepare
students for careers in the diverse legal profession including government, education, banking,
foreign service, law reform & legal research, mediation, social activism, labor relations, politics,
business, etc through teaching, training, and guidance as well as creating knowledge as to legal
matters which help them to meet social, cultural and aesthetic needs of the people as well as to
face the challenges of the new millennium and the realities of globalization by exercising
dedicated mind for performing duty of faculty members having social involvement,
professionally active, competent, and caring mentors. Our more oriented legal teaching method
helps the students to analyze any legal issue and makes them caution about human rights which
fasten the ultimate speed of implementing administration of justice. Law Department’s
curriculum reflects the changing requirements of the legal profession which build the professional
ethics in the mind of law students. The Department of Law also preserves an environment in
which faculty members discuss ideas about law from where a student will gain a deeper
understanding of the relationship between law and society. It is a place where students share ideas
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and challenge opinions. It also arranges different seminar on burning issues regarding law. The
Department of Law offers 4-Year Bachelor of Laws (Hons.) degree and LL.M. The objectives of
the Bachelor of Laws with Honors (LL.B.) program and LL.M. are to provide a good, general,
critical legal education; to meet the requirements of Bangladesh Bar Council as well as judicial
service commission exam to become the judicial officer. So that holders of the degree are eligible
for entry to legal profession in Bangladesh; to provide students with skills in legal research,
including use of electronic databases and search tools, writing, and advocacy, both formal and
informal.
Department of Law
4 years LL.B.(Honours) Program : First Year First Semester
Course No. Title of the Course Credit Hours
LL.B 101 Jurisprudence -1 3
LL.B 102 Legal History and Legal System of Bangladesh 3
LL.B 103 Constitutional Law of Bangladesh 3
LL.B 104 Computer Fundamentals 3
LL.B 105 English for Law3
Total 15
First Year Second Semester
Course No. Title of the Course Credit Hours
LL.B 201 Jurisprudence -II 3
LL.B 202 Legal System of Bangladesh 3
LL.B 203 Constitutional Law of the UK & USA 3
LL.B 204 Roman Law 3
LL.B 205 Muslim Law -1 3
Total 15
Second Year First Semester
Course No. Title of the Course Credit Hours
LL.B 301 Law of Contract 3
2
LL.B 302 Hindu Law 3
LL.B 303 Equity, Trust and Specific Relief Act 3
LL.B 304 Local Govt. and Administrative Law -I 3
LL.B 305 Muslim Law -II 3
Total 15
Second Year Second Semester
Course No. Title of the Course Credit Hours
LL.B 401 Law of Torts and Consumer Protection 3
LL.B 402 Company Law 3
LL.B 403 Law of Transfer of Property 3
LL.B 404 Local Govt. and Administrative Law –II 3
LL.B 405 Land Laws of Bangladesh 3
Total 15
Third Year First Semester
Course No. Title of the Course Credit Hours
LL.B 501 Public International Law –I 3
LL.B 502 Mercantile and other Business Laws-I 3
LL.B 503 Law of Taxation 3
LL.B 504 Labour Law and Industrial Law 3
LL.B 505 Banking Law and Public Demands Recovery Act 3
Total 15
Third Year Second Semester
Course No. Title of the Course Credit Hours
LL.B 601 Public International Law –II 3
LL.B 602 Mercantile and other Business Laws-II 3
LL.B 603 General Clauses Act and Interpretation of Statutes 3
LL.B 604 Alternative Dispute Resolution and Legal Aid 3
LL.B 605 Environmental Law of Bangladesh 3
3
Total 15
Fourth Year First Semester
Course No. Title of the Course Credit Hours
LL.B 701 Law of Crimes (Substantive)-I 3
LL.B 702 Code of Criminal Procedure-I 3
LL.B 703 Code of Civil procedure-I 3
LL.B 704 Law of Registration and Limitation. 3
LL.B 705 Law of Evidence 3
Total 15
Fourth Year Second Semester
Course No Title of the Course Credit Hours
LL.B 801 Law of Crimes (Substantive)-II 3
LL.B 802 Code of Criminal Procedure-II 3
LL.B 803 Code of Civil Procedure-2 3
LL.B 804 Drafting, Pleading and Conveyancing 3
LL.B 805 Professional Ethics, Accountability of Lawyers, Bar-Bench Relation and Clinical
Legal Education 3
Total 15
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LLB
Introduction:
With the approval of the Ministry of Education, under the Private University Act of 1992 and its
amendment in 1998, the Daffodil International University (DIU) came into being on 24th January
2002. The fruit of prime initiative of the country’s leading conglomerate Daffodil Group is
Daffodil International University. This is a social commitment of Daffodil Group to the nation for
promoting better education to meet the changing needs of the society in the 21st century. Daffodil
International University is an accumulation of core educationists of the country to build future
Bangladesh. The university will serve the citizens of the country through its instructional,
research and outreach programs and prepare Bangladesh to respond to the challenges of a global
economy successfully. In the delivery of educational programs on campus and the beyond, the
university will draw heavily upon the new instructional and outreach technologies available in the
emerging information age.
Department of Law
Eligibility for Admission:
Minimum second division or (2.5 on average GPA) both in SSC and HSC from any group or any
equivalent background may apply for admission into LL.B. (Hons) course. Students with English
medium background are encouraged to apply for admission.
Admission Process:
Students will be selected on the basis of past academic records and performance in admission
test. Applicants finally accepted for the program will be notified of acceptance and registration
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within specific date. They will have to produce original certificate/ testimonials and mark
sheets /transcripts for all examinations passed at the time of admission. Candidates who have
completed the above formalities will have to pay the requisite admission and other fees for
enrollment.
Total credits requirement and duration of the program:
To obtain LL.B. (Hons) degree students will have to complete 145 credits. LL.B. (Hons) Program
will be of 4 (four) years duration divided into 8 semesters.
Graduation:
To obtain LL.B. (Hons) degree a student will have to complete all 145 credits with a minimum
CGPA of 2.00. If any student fails in any course he/she will get the opportunity to improve the
grade by retaking the same in the subsequent semester.
Aims and Objectives of the Department of Law
The Department of Law, University of Daffodil, is a community which includes scholars,
administrators, support staff, teachers, students, caretakers and others, whose combined efforts
are to serve society as a center for the humanistic education of persons in law, for legal research,
and for the provision of services which enhance the quality of life and access to justice, and in
particular:
To study the nature and social function of legal institutions and to provide a general overview of
the legal system in the larger social, economic and political context of society;
To foster study and research into legal theory and values; to examine the relationship between
theory and practice; and to enhance opportunities and provide support for scholarly research,
writing and publication by faculty and students;
To encourage and support, in particular, scholarly endeavor in access to justice and in all issues;
in the case of the former, to question fairness and the equality of opportunity to obtain legal
services and to enjoy rights and freedoms, and from this perspective to inquire into the nature and
quality of the law and legal institutions; in the case of the latter, to exploit fully the geographical
location of the faculty and to develop and pursue opportunities for curriculum development, joint
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programs, cross accreditation and research in all issues and comparative law with legal and other
scholars.
To enhance access to justice through a broad and progressive admissions policy which will focus
upon the personal attributes of the individual applicant, including women and those who are
socially or economically disadvantaged, differently abled, late vocational and from aboriginal and
various ethnic backgrounds and which will permit the realization of the vocation of persons to
serve the community; through educational programs which extend legal services and provide
information about the law and the justice system to those for whom that would not otherwise be
available and through the inculcation of a desire to reform the law to better serve the community
and to aid the oppressed and disadvantaged;
To create a sensitive, caring and supportive environment for the study of law, enhancement of
professionalism, and the personal development of faculty and students alike, and in particular:
To provide the opportunity to develop skills and aptitudes in comprehension, analysis, synthesis,
judgment and the creative resolution of issues;
To develop a research capability in law and related fields, and to present and critique, in an
effective and persuasive manner, the results of research;
To encourage the development of independent critical thought;
To develop layering skills including writing and drafting, fact investigation, management,
interviewing and counseling, advocacy, negotiation, mediation and conciliation;
To provide substantive knowledge in several areas of law;
To establish faculty/student relationships which will, through greater collegiality, enhance the
learning process for both;
To create an academic and social environment which is conducive to learning and to the personal
development of students, particularly women and those who are socially or economically
disadvantaged, differently abled, late vocational and from aboriginal and various ethnic
backgrounds, and in particular:
To provide opportunities for the development of social consciousness and self-awareness by
students, and to examine and develop ethical and social values in relation to personal and
professional responsibility; and in particular, to instill in the students a sense of social
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responsibility in the practice of law and the need for examination of social structures with a view
to contributing to such changes as may ensure social justice;
To encourage students to build upon their background experience in a way which will increase
their effectiveness in the roles they assume following graduation, especially outside the private
practice of law;
To encourage students to contribute meaningfully to society and to participate creatively in the
process of legal development and social change;
To anticipate the physical, emotional and psychological tensions and pressures associated with
the practice of law and to provide practical assistance in coping with them;
To provide a support mechanism for students to help them deal with the emotional and
psychological tensions and pressures associated with the study of law;
To foster in students an attitude of fairness and openness in dealing with others, free of bias;
To encourage consideration of career options which are consistent with the personal qualities,
lifestyles and ambitions of students in order that they may achieve personal satisfaction.
Course Titles
Course Code
Course Title
Credits
ENG 101
English – I (Language Composition)
3.00
MIS 101
Introduction to Computers
3.00
LAW 101
Legal History
3.00
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LAW 102
Muslim Law
3.00
ENG 102
English II (Communication Skills)
3.00
LAW 103
Legal System of Bangladesh
3.00
LAW 104
Jurisprudence
3.00
LAW 105
Law of Contract
3.00
ENG 103
English – III (English for Law)
3.00
GED 305
Bangladesh Studies
3.00
LAW 106
Law of Torts
3.00
LAW 107
9
Business Laws
3.00
LAW 201
Constitutional Law of Bangladesh
3.00
LAW 202
Hindu Law
3.00
LAW 203
Equity & Law of Trust
3.00
LAW 204
Law of Consumer Protection
3.00
LAW 205
Constitutional of UK & USA
3.00
LAW 206
Labor and Industrial Law
3.00
LAW 207
Law of Transfer of Property
3.00
10
LAW 208
Government and Politics
3.00
LAW 209
Law of Banking & Securities
3.00
LAW 210
Company Law
3.00
LAW 211
Fiscal Laws of Bangladesh
3.00
LAW 212
Public International Law
3.00
LAW 301
Specific Relief and Limitation Act
3.00
LAW 302
Law of Evidence
3.00
LAW 303
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Administrative Law
3.00
LAW 304
Registration and PDR Acts
3.00
LAW 305
Law of Civil Procedure (Part-I)
3.00
LAW 306
Law of Criminal Procedure (Part-I)
3.00
LAW 307
General Clauses Act & Interpretation of Statutes
3.00
LAW 308
Law of Crimes
3.00
LAW 309
Law of Criminal Procedure (Part II)
3.00
LAW 310
Law of Civil Procedure (Part-II)
3.00
LAW 311
Intellectual Property Law
3.00
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LAW 312
Land Laws of Bangladesh
3.00
LAW 401
Human Rights Law
3.00
LAW 402
Environmental Law
3.00
LAW 403
Criminology
3.00
LAW 404
International Trade Law
3.00
LAW 405
Alternative Dispute Resolution
3.00
LAW 406
Maritime & Shipping Law
3.00
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LAW 407
Media and Information Technology Law
3.00
LAW 408
Private International Law
3.00
LAW 409
Moot Court & Debating
3.00
LAW 410
Trial & Advocacy Training
3.00
LAW 411
Legal Drafting & Professional Ethics
3.00
LAW 412
Legal Research Methodology and Effective Writing
4.00
Total 145 Credits
* Each course will be evaluated out of 100 marks. Each class instructor will take assignment and
viva voce for each course.
Course Curriculum
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ENG 101: English – I (Language Composition)
Introduction to Language and Writing Skills; Anatomy of Sentences; Types of Sentences; Tense,
Voice, Use of Verbs, Nouns, Pronouns, and Prepositions-, Use of Modifiers and Connectives;
Parallel Structure, Punctuation, Paragraphing, sectioning and Summarizing; Comprehension;
Essential Elements of Good Writing; Developing a good writing style; Spoken Words skills;
Developing good speaking style, listening and vocabulary learning.
MIS 101: Introduction to Computer
Introduction to the terminology and use of computers in organizations, including hardware and
software technology, business data processing, distributed processing and networking. Character
manipulations and Files; Use of DOS, database, and major software packages for business.
Algorithm Design and Program development.
Books recommended:
Introduction to Computer by Peter Norton
Management Information System by-Kenneth C. Laudon , Jana P. Laudon
LAW 101: Legal History
Historical Background:
Administration of justice in the Indian subcontinent (1204-1947)
Hindu period: Judicial system up to 1204 AD.
Muslim Period: Judicial system in medieval India (1204-1857)
Administration of justice under the rule of the East India Company (1612-1857)
Constitutional history of India from 1857-1947
History of law making authority in the Indian subcontinent (1600---)
Colonial period (1600-1947)
Pakistani period (1947-1971)
Bangladesh period (1971---)
Books recommended:
Legal History by M. P. Jain
Landmarks in Indian Constitutional History by V. D. Kulshrestha
Constitutional History of British India, 1859-1947 by M. Islam
Outline on Indian Legal History by Wahid Hossain
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Outline on Indian Legal History by Sinha
Legal History of Bangladesh (Bangla) by Gazi Shamsur Rahman.
LAW 102: Muslim Law
Pre-Islamic Arabian Customs and their influence on Islamic Law, Concept of Law in Islamic
Jurisprudence, Meaning of Sharia Sources of Muslim Law, Different Schools of Muslim law and
Reasons for their development, Introduction and application of Muslim Law under British rule in
India, Subsequent legislation changes (1947 – 1985),
Law relating to marriage, Dower, Divorce, Guardianship, Maintenance, Legitimacy and
paternity, Law relating to Hiba, Wakf and Shufa and Wasiyat, Administration of estate of a
deceased Muslim-Marz-Ul-Maut-Testamentary and intestate succession (Shaafi and Shia Shool).
Books Recommended:
Baillie: Digest of Muhammadan Law.
Hamilton: Hedaya.
Wilson: Anglo-Muhammadan Law.
Amir Ali: Muhammadan Law.
J. Sehacht: Origin of Muhammadan Jurisprudence.
J.N.D. Anderson: Islamic Law in the Modern World.
Majed Kahudduri: Law in the Middle.
Abdur Rahim: Muhammadan Jurisprudence.
Tayebaji: Principles of Muhammadan Law
Fyzee: Muhammadan Law.
Mahmassani: The Philosophy of Islamic Jurisprudence.
ENG 102: English – II (Communication Skill Development)
This is a continuation of ENG 101 and addresses the techniques of effective communication in
English. It emphasizes on analytical reading and writing, techniques of effective speaking and
listening at interpersonal and organizational settings. The objective is to develop the skills of
students at TOEFL standard. Formulaic expression, speaking tasks and other aspects of Speaking,
Listening, Reading and Writing.
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Books Recommended:
New Headway Intermediate Student’s Book Word Book, Oxford University Press
Applied English Grammar & Composition- Compiled by P.C. Das
Intermediate English Grammar by Ray mond Munphy.
Grammar Step by step –Book 3 by Carolyn Graham, Ellen Rosenfiled, H. K. Fragiadakis & S. T.
Zavala
From paragraph to Essay by M. Imhoof & H. Husdon.
Writing Skills Hadbook by Bazerman Wiener
Practical Faster Reading by G. Mosback & V. Mosback
Everyday Dialogues in English
LAW 103: Legal System of Bangladesh
Evolution of the Supreme Court of Bangladesh
Administration of justice in British India
High Court Division’s power to issue writs
Status of the Supreme Court under the Constitution of Bangladesh.
The structure and functions of Courts in Bangladesh
The Supreme Court of Bangladesh
Subordinate Court under General Hierarchy
Tribunals and Special Courts
Judges and the judicial task
The criminal justice process
The civil justice process
The appellate process and the correction of miscarriages of justice
The judiciary and the executive
The various Legal institutions of Bangladesh:
The Ministry of Law Justice and Parliamentary affairs.
Office of the Attorney General.
Law Commission.
The Bar Council and Bar Associations
Judicial Officers Training Academy
Administrative Training Institute
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Anti-Corruption Commission and Prosecution.
Legal and Judicial Reform Project
Legal Education
Books Recommended:
Legal System of Bangladesh by Barrister Abdul Halim
Legal System of Bangladesh by Azizul Haque
Legal System of Bangladesh A B M Mofizul Islam Patwary
LAW 104: Jurisprudence
Definition of Jurisprudence, Schools of Jurisprudence, Definition and Division of Law, Growth
of Law, Sources of Law, Outline of Private Law, Outlines of Public Law, Constitutional Law,
Administrative Law and Criminal Law, Administration of Justice, Substantive and Adjective
Law, Civil and Criminal Procedure, Outlines of Private and Public International Law, Analysis of
Legal Concepts, Conduct, Events, Things, Duties, Rights, Persons, Possession and Ownership,
Family and Succession Obligation.
Books Recommended
Allen: Law in the Making
Paton: A Text Book of Jurisprudence
Dias and Hyghes: Jurisprudence
Salmond: Jurisprudence
Lloyd, D: Introduction to Jurisprudence
Hamiduddin Khan: An Introduction to Jurisprudence
LAW 105: Law of Contract
Law of Contract: Definition and Meaning of Contract-Making of an agreement: Offer and
acceptance, Promise, Contract, Essentials of Valid Contract, Valid, Void and Voidable Contracts,
Capacity of Parties-contract by minor, free consent in a contract- its meaning and implication;
correction, undue influences-fraud-misrepresentation-mistake; doctrine of consideration-legality
of consideration; legality of the object of a contract.
Contract which are declared void by the act contingent contracts and wagering contracts,
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Quasi-1 Contracts, Termination and discharge of Contract by performance, by refusal or breech-
by agreement-by impossibility, Remedies for breach of contract. Some Specific Classes of
Contract- Indemnity and Guarantee.
Law of Agency: Nature and Definition of Agency, Different Classes of Agents, Creation of
Agency, Agent, Authority, Rights and Duties of the Principal and Agent, Personal Responsibility
of Agent.
Law of Bailment: Nature and Definition of Bailment, Different Kinds of Bailment, Rights and
Duties of The Bailor and Bailee. Termination of Bailment Right of finder of goods, Suits by
Bailors agents the wrong doers.
Books Recommended
D.F. Mullah: Indian Contract Act and Specific Relief Act.
Sir Frederic Pollock: Law of Contract.
Pollock: Principles of Contract.
Cheshire and Fifoot: Law of Contract.
J.P. Singhal & B.S. Subrahmanyan: Indian contract
J.P. Singhal & B.S. Subrahmanyan: Indian contract Act. (Vols I & II)
Sir William Anson: Indian Contract Act, Indian Sale of Goods Act (Indian Partnership Act.).
Indian Contract Act
ENG 103: English – III (English for Law)
Writing Skills: Grammar: Making a message, Expressing manner and place, Reporting what
people say or think,
Composition: Business Letters, Condensing & Summarizing, Using the Library, Writing an
Essay: Organization, Writing an Essay: Presentation, Writing from Sources, Amplification,
Dialogue writing, Report writing.
Speaking Skill: Formal and informal register, Standard and non-standard English, British and
American English, Spoken Discourse in other countries and cultures. Group Discussion,
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Pronunciation: Rules and Practices, Accent and intonation, Conversation, Group Discussion and
Interview, Set Speech and Public Speech, Language in Radio and Television.
GED 305: Bangladesh Studies
Part –A: Roots of Bangladesh: Ancient Bengal, The Medieval Bengal, British Rule, Emergence
of Bangladesh, Mind and Culture of Bangladesh, Education in Bangladesh, Literature, Ethnic
Insurgency, Foreign policy
Part –B: Politics and Economy of Bangladesh (1971-2003), Government and Administration,-
Executive, Legislature, Judiciary.
Books Recommended
Various Five years plans
LAW 106: Law of Torts
Law of Torts: Definition and Nature of Tort, Conditions, Liability, Absolute Liability, Mens rea,
Negligence, Exemptions, Immunities, Joint Wrongdoers, Vicarious Liability, Devolutions of
Right and Liability, Trespass, dispossession, Nuisance, Injuries to Servitudes, Conversion and
other Injuries to Chattels.
Injuries to persons, Injuries to domestic relations, Defamation Intimidation, Deciet and Injurious
Falsehood, Liability for dangerous property, Wrongful process of law, wrongful confinement and
malicious prosecution
Remedies in Tort: Specific restitution, Injunction, Damages.
Books Recommended
Salmond: Law of Tort
Winfield: Low of Tort.
P.H. Winfield: Text book or the law of Tort
H. Street: Law of Tort.
P.H. Winfield: Cases in the Law of Torts.
LAW 107: Business Laws
Business Concepts; Basic elements of Business, Basic features of business, Business
Organization; Forms of Business ownership, Formalities and Distinguishing features of each
form of ownership, Development of Joint-Stock Companies in Bangladesh, State Enterprises,
Business Combination, Co-operative Societies in Bangladesh, Institutions for Promotion of
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Business, Trade Practices in Bangladesh. Introduction to the functional and support areas of
business: Marketing, production, finance, human resource, accounting, - Issues in environment:
Govt., society, ethics, and globalization.
Law of Sale of Goods
Sale and agreement to sell, Formalities of the Contract of Sale, Subject-matter of Contract, The
Price, Conditions and Warranties, Transfer of Property between seller and buyer, Transfer of
Title, Delivery of Goods, Right and Lien of unpaid seller against the goods, Stoppage in Transit,
Remedial Measures.
Law of Insurance
Nature and Principles of Insurance, Fundamental Principles, Premium Policy, Re-insurance,
Double insurance, Marine Insurance, Fire Insurance, Life Insurance
Law of Negotiable Instruments
Definition, Characteristics and Types of Negotiable Instruments, Promissory Notes, Bills and
Cheques, Special Provisions Relating to Cheques, Parties to Negotiable Instruments, Presentation
of Negotiable Instruments, Dishonour and Discharge of Negotiable Instruments
Law of Insolvency
Principles and Objects of the Insolvency Law, Procedure of Insolvency, Property and Debts of
Insolvent, Discharge of Insolvent
Law of Carriage
Contract of carriage, Classification of carriers, Common Carriers, Carriage of Goods by Land,
Carriage of Goods by Sea, Carriage of Goods by Air
Money Launderings Act
Scope, object of the Act, duties and responsibilities of commercial banks under the Money
Laundering Act.
Partnership
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Nature and Definition of Partnership, History of Partnership Law in Indian Sub-continent,
distinction between the Partnership firm, Relations between the Partners, Registration of a Firm,
Dissolution of a firm, Don sequences of Dissolution of a Firm.
Books Recommended:
M. C. Kuchhal, Commercial Law
A. C. Sen, Handbook of Mercantile Law
Avtor Singh : Principles of Mercantile Law
Mafizul Islam, Principles of Commercial Law
AM Chowdhury : The Sale of Goods Act
Relevant Statutes published by the Government of Bangladesh
Skinner and Ivancevich, Business: For the 21st Century, Irwin.
Straub and Attner, Introduction to Business.
Ernest H Scamell (ed)- Lindley on the Law of Partnership.
S.D. Singh and J.P. Gupta-Law of partnership in India
M.N. Mukerji and Sukumar dutta- Indian Partnership Act.
K.M. Ghosh- Partnership Law of India and Pakistan
LAW 201: Constitutional Law of Bangladesh
Introduction- Constitutional History of Bangladesh, Conception and elements of state, Definition,
Scope and Nature of Constitutional Law-Contents and classification of constitutions.
General Theories of Constitution-classification of constitutions, Supremacy of the constitutions,
Conventions of the Constitution Ministerial responsibilities-Sovereignty of Parliament, Theory of
separation of powers-Rule of Law compared with Administrative judiciary.
Fundamental Rights and Principles-Fundamental Principles of state Policy and their purpose-
Fundamental Rights-Nature and analysis of the rights-Modification of the right in respect of
disciplinary law-Saving certain clauses.
The executive-Presidential and Parliamentary form of Govt. The Prime Minister and the cabinet-
President and his powers and functions-council of Ministers-Power of dissolution of Parliament-
Local Government-defense services, the Attorney General.
The Legislature composition and functions of Parliament Privileges and immunities of Parliament
legislative and financial procedure delegated legislation ordinances.
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Unconstitutional Legislation Ministerial responsibility Parliamentary Severeignty.
The Judiciary Organization, Jurisdiction and powers of the Supreme Court and its Divisions
Superintendence and control over power courts separation of power independence of Judiciary
Administrative tribunals.
Elections-establishment and functions of Election Commission-validity of election and the law
relating to election.
The Services of Bangladesh, establishment of service Commission-function of the commission.
Amendment procedure of the Constitution-transitional and temporary provision – repeals-
interpretations.
Books Recommended
Dicey A.V. : Law of the Constitution.
Wade and Phillips: English Constitution
Hood Philips: constitutional Law and Administrative Law Leading Cases in Constitutional Law.
C.F. Strong: Modern Political Constitution.
Jennings: Law of Constitution.
Wheare K.C.: Federal Government; Modern Constitutions.
Gledhid Prof. Alan: Fundamental Rights in India-Pakistan (British Commonwealth series)
A.K. Brohi: Fundamental Law of Pakistan.
S.S. Pirzada: Fundamentals Rights and Constitutional Remedies in Pakistan.
M. Munir: Constitutional Law of Pakistan.
Shaukat Mahmud: Pakistan Constitution of the Peoples of Republic of Bangladesh.
Basu. D: Shorter Constitution of India; Commentary on the Constitution of India.
Constitution of the Peoples Republic of Bangladesh.
Peaslee: Constitutions of Nations.
Constitution of Bangladesh
Mahmudul Islam: Constitution Law of Bangladesh
LAW 202: Hindu Law
Hindu Law: Nature and application of Hindu Law, Sources of Hindu Law Schools of Hindu Law,
Mitakshara; Dayabhaga schools; their fundamental differences.
Law Relating to Inheritance: Succession of males and females: exclusion from inheritance.
Law Relating to: Marriage; sonship, Adoption, will debts and partition.
Joint Family System: Position of Karta of the joint family, his rights and obligations
maintenance.
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Stridhana and women’s estate, Inheritance of Stridhana, Religious and charitable endowments;
impartible estate. Need for reforms of Hindu Law in Bangladesh.
Books Recommended
Mullah: Principles of Hindu Law.
Remesami Sir Vepa: Principles of Hindu Law.
Gour: The Hindu Code
Rekshit M.K. : Principles of Hindu Law.
H.L. Chakravarty: Elements of Hindu Law
Deeret J.C.: Introduction to Modern Hindu Law.
LAW 203: Equity & Law of Trust
Law of Equity: Common Law Origin and Development of Equity
Nature and Definition of Equity: Courts of Equity: Composition Powers and functions of the
Courts of Equity, Application of Equity, Jurisdiction in Bangladesh.
Relation between Law and Equity: Equitable Estate and its Relation to Legal Estate.
Maxims of Equity
Equitable Remedies: Specific Performance, Injunction and Receiver.
Law of Trust: Nature and Definition of Trust: Classification of Trust; History of the development
of trusts, Creation of trusts, Express and implied trusts, Appointment, Removal, Rights, Powers,
Functions, Duties, Liabilities and Disabilities of Trustees, Remedies for breach of trusts,
Limitation, Rights and Liabilities of the beneficiaries, Determination of Trust and trusteeship,
Resulting and Constructive trusts.
Origin and Development of Trust
Books Recommended
Law of Equity
Snell: Equity.
Halsbury: Principles of Equity.
Maitland: Equity Lectures.
Kalention G.W.: Introduction of Equity.
Law of Trust
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Trust Act
Reton G.W.: The Law of Trusts.
LAW 204: Law of Consumer Protection
Meaning and Concept of Consumer, Consumerism and Consumer Protection, Development of
the Concept of Consumer Protection, Consumer Sovereignty, Effect of Laissez Fair, Rights of
Consumers, Areas of Consumer Protection Laws, Unfair Trade Practice, Restriction Trade
Practice, Defect in goods, Deficiency in service
Medical, Lawyering, Electricity, Housing, Postal services etc, Consumer Forum under Consumer
Protection Act-Jurisdiction, Powers and functions, Exceptions of order, Judicial Review, PIL,
Class action, Remedies, Appeal, Administrative Remedies, Consumer Protection Courts.
Books Recommended
Rakesh Khanna, Consumer Protection Laws
Saraf D.N., Law of Consumer Protection in India, 1995
Dr. Mizanur Rahman, Consumer Protection: A Swedish Approach
P.K.Majumdar, The Law of Consumer Protection in India
LAW 205: Constitutions of USA & UK
The course will comprise the following topics to be discussed with reference to the constitutions
of Bangladesh and U.K and relevant topics of other countries including U.S.A. and leading cases.
Introduction-Conception and elements of State, Definition, Scope and nature of constitutional
Law-contents and classification of constitutions.
Philosophy of the Constitution, Development of the American Constitution, Comparison of
American and British Constitutions, Legislative Branch, Executive Branch and the President,
Judicial Branch, Relation between States, Amending the Constitution, Ratifying the Constitution.
General theories of constitution-classification of constitutions. Supremacy of the constitutions,
Conventions of the constitution, Ministerial responsibility-rule of Law compared with
Administrative judiciary.
Fundamental Rights and Principles-Fundamental Rights-Nature and analysis of the rights-
modification of the right in respect of disciplinary law-saving of certain clauses.
The Executive-presidential and Parliamentary form of Govt. The Prime Minister and the Cabinet-
President and his powers and functions-Council of Ministers-Power of dissolution of Parliament-
25
Local Government-defense service, the Attorney General. The legislature Composition and
functions of Parliament privileges and immunities of Parliament legislative and financial
procedure delegated legislation ordinance.
Unconstitutional legislation ministerial responsibility Parliamentary sovereignty. The Judiciary
Organization. Jurisdiction and powers of the Supreme Court and its Divisions Superintendence
and control over power courts separation of power independence of Judiciary Administrative
Tribunals.
Elections-establishment and functions of Election Commission-validity of election and the law
relating to election. The service of Bangladesh, establishment of service Commission-function of
the commission. Amendment procedure of the Constitution-transitional and temporary
provisions-repeals-interpretations.
Books Recommended:
Dicey, A.V. : Law of the Constitution
Wade and Philips: English Constitution
Hood Philips: Constitutional Law and Administrative Law
C F Strong: Modern political Constitution
Jennings: The Law and the Constitution
Wheare, K C: Federal Government; Modern Constitutions
Gledhid Prof. Alan: Fundamental Rights in India, Pakistan
A K Brohi: Fundamental Law of Pakistan.
M Munir: Pakistan Constitution
Shaukat Mahmood: Pakistan Constitution
Basu, D D : Shorter Constitution of India; Commentary on the Constitution of India.
Constitution of the Peoples Republic of Bangladesh
Wilioughby: The Constitutional Law of United States
Peaslee: Constitution of Nations.
LAW 206: Labour & Industrial Law
Standing orders for employment of labour, Definition of workers Formation of the contract of
Service, Conditions of employment and Classification of workers, Leave and Holidays, Stoppage
of work, Lay off, Retrenchment, Fine, Discharge and Dismissal, Termination of Employment,
grievance procedure, Penalties and Procedure.
26
The Law of Trade Unions: History of trade union movement, Role, Functions and utility of trade
unions, Registration of trade unions, Rights and Privileges of registered trade unions and
collective bargaining agents, Unfair labour practices.
Settlement of Disputes: Origin of Labour legislation, Right to Strike and lock-out, Industrial
disputes and their settlement through negotiation, Conciliation, Arbitration and by Labour court,
Constitution, Functions and Powers of Labour Courts and the Labour Appellate Tribunal, Labour
Policy of the Government, Penalties and Procedure.
Wages: Fixing of right of wages, Payment of wages, Deductions and Claims out of deductions
from wages.
Factories Law: Early Factory legislation, Health, Hygiene, Welfare, Working hours, Overtime
Employment of workers, Leave and Holidays Penalties.
Shops and Establishment Law: working hours, leave and holidays, provision for health and
hygiene, penalties.
Workmen’s Compensation: Accidents and Diseases, Fatal Accidents, Employers Liability for
compensation and the procedure for its determination, The functions of the commissioners.
Books Recommended
Cooper: Outlines of Industrial Law.
Employment of Labour (Standing order) Act. 1965.
The Payment of Wages Act. 1936.
The Factories Act. 1965.
The Industrial Relations Ordinance 1969.
Wedderburm: The Worker and the Law: causes and materials on labour Law.
Citrime: Trade Union Law.
Allan Flanders: Trade Union
Freedman: The Modern Law of Employment.
Flanders & Clegg: The system of Industrial Relations in Great Britain.
Aikin L and Reid: Employment, Walfare and Safety at Works.
Croren & Crime: Labour Law.
M. Shafi: Labour Code.
Prof. A.A. Khan: Labour and Industrial Law.
B.R. Ghaiye and Malhottra: Employment, its terms and conditions.
B.R. Ghaiye: Misconduct in employment.
LAW 207: Law of Transfer of Property
27
Definition, Object and extent of applicability, Transfer Property inter Vivos, Classification of
Property, General Rules Governing the Transfer of Movable and Immovable Property, Transfer
of Property, What Cannot be Transferred, Valid and invalid conditions and limitations on
transfer, Transfer to unborn person, Vested interest and contingent interest, Condition precedent
and condition subsequent Election, Apportionment, General Rules governing transfer of
immovable property, Transfer by person authorized only under certain circumstances to transfer,
Burden of obligation imposing restrictions on the uses of land or annexed to ownership, Transfer
by ostensible owner, Transfers by Unauthorized person who subsequently acquires interest,
Transfer by co-owners of share in common property-priority of rights created by transfers, Rent
bonafide paid to holder under defective title. Improvements made by holder under defective title.
Lis pendens, Fraudlent Transfer, Part performance-of sales of immovable property of mortgages
of immovable property and charges, Lease of immovable property, Exchange Gift, Transfer of
actionable claim.
Books Recommended:
Transfer of Property Act 1882 (Act VI of 1882 with amendment)
Mullah D.F: Transfer of Property Act.
Kriwhna Mamon: Transfer of Property Act.
Mitra B.B.: Transfer of Property Act.
Ghose. A.C.: Transfer of Property Act.
Gour. H.S.: The Law of Transfer
Roy A.K.: The Transfer of Property Act.
Ghose: Mortgage: Volume – I
Mullah: Indian Registration Act.
Law of Bailment: Nature and Definition of Bailment, Different Kinds of Bailment, Rights and
Duties of The Bailor and Bailee. Termination of Bailment Right of finder of goods, Suits by
Bailors agents the wrong doers.
Books Recommended
Joseph Story-Commentaries on the Law of Bailments-William Bowstead-A Digest of the Law of
Agency.
Frederick Pollock-Digest of the Law Agency.
Frederick Pollock and D.F. Mullah-the Indian Sale of Goods and the Indian Partnership Acts.
28
Ernest H Scamell (ed)- Lindley on the Law of Partnership.
S.D. Singh and J.P. Gupta-Law of partnership in India
LAW 208: Government and Politics
Fundamentals Concepts: State, Sovereignty, Law, Liberty, Equity, Fundamental rights;
individualism, Socialism, communism, fascism, constitutionalism.
Forms of Government: Ancient forms of Government concept and forms of government in
medieval age; concept and forms of modern governments-cabinet and presidential-unitary and
federal systems-democracy and authoritarian governments; Present position of Monarchy and
dictatorial governments. Islamic concepts of state and government.
Organs of Government: The Legislature Executive and Judiciary-the doctrine of separation of
powers-its application in U.S.A, U.K. and Bangladesh.
The Electorate: The role of electorate in modern democracy-direct participation of people in
policy making-referendum-universal adult suffrage-direct and indirect election.
Political Party: The role or political party in democracy and in dictatorship; political party system
in developed and under-developed country; Failure or success of democracy in developing
countries of the world.
Relationship between the economic structure of the state and its Government-reasons for failure
of democracy in developing countries, status and justification of military Government.
Books Recommended:
Horold J. Laski: the state in Theory and Practice.
Horold J. Laski: a Grammar of Politics.
M. Judd Harmon: Political thought from Plato to the present.
E.I.J. Rosenthal: Political Thought in Medieval Islam
Majid Khadduri: Political Trends in the Arab World.
David Spitz (ed): Political Theory and social Change
Morris Janowitz: The Military in the Political Development of New Nation.
W.E. Wiloughby: Government of Modern State,
H.Finer: Theory and Practice of Modern Government.
LAW 209: Laws of Banking & Securities
29
Banking Laws: Business of the Bank Companies – Restrictions on some business, Disposal of
assets not listed in banking business, Prohibition of employment of managing agents and
restrictions on specific forms of employment, Restriction relating to removal of document and
records requirement of minimum paid up capital and reserve fund. Regulation as to Paid-up
capital, subscribed capital authorized capital and voting rights of shareholders, restrictions on
purchase of share of banks etc. The election of new Directors, restriction regarding tenure of post
of Director, Vacation of Director, Restriction on payment of loans and advances, restriction on
the Directors of the indebted Company. List of in debtors in default, etc, Restriction relating to
remission of debts, Special provisions regarding bad debt. Power of the Bangladesh Bank to
regulate advances by the bank company, jurisdiction of court as to rates of interest, License of
Bank companies, maintenance of liquid capital. Illegal transaction by banking companies etc.
Prohibition on certain activities in relation to Bank Companies. Acquisition of undertaking of
Bank Companies. Suspension of Business and Winding up of Bank Companies. Speedy disposal
of winding up procedure. Power and jurisdiction of Money Laundering Court. Settlement of
dispute in the alternative manner under Money Laundering Court. Execution of order and of
Money Laundering Court. Appeal and Revision in Money Laundering Court. Constitution, power
and procedure of Bankruptcy Court. Act of Bankruptcy, plaint, adjudication etc. Order of
adjudication. Interim proceedings consequent upon order of adjudication. Annulment of
adjudication. Composition and arrangements and reorganization. Discharged and undercharged
bankrupts. Administration of property-methods of proof of debts. Effects of bankruptcy of
previous transactions. Realization of property. Offences and penalties under Bankruptcy Act.
Disqualification of undercharged Bankrupt. Summary administration of estate. Appeal and
review. Miscellaneous provisions under bankruptcy Act. Composition and jurisdiction and of
Artha Rin Adalat. Implementation of decree by Artha Rin Adalat and appeal.
Securities Laws:
Historical background of Securities laws in Bangladesh. Civil liability, causation, purchaser
seller requirement under Securities and Exchange Ordinance. Issue of Capital. Lock in and
Minimum lot of shares. Penalty for certain refusal of customer’s securities. False prohibition and
restrictions. Credit, pledging and lending of customer’s securities. False statements. Fraudulent
acts and penalty. Cognizance of proof, burden of proof. Maintenance of secrecy. Registration and
regulation of stock exchanges – Accounts, annual reports, returns, cancellation of registration,
compulsory listing, eligibility of registration, Listing of securities. Regulation of issuers-
Prohibition of short selling, regulation of proxies, submission of returns, submission of statements
of beneficial owners of shares. Trading by Directors, officers and principle shareholders.
30
Securities in good faith. Constitution and office of securities and exchange commissioner,
Delegation of powers, enquiry by Commission, functions of commission, Government’s power to
give directions, Government rule making power, meetings of Commission. Penalty for
contravention, Cognizance of offence and Appeal. Registration with Commission, registration
certificate. Stock Broker Rule. Insider Trading in Bangladesh.
Books Recommended:
Banking Companies Act, 1991 (Act No. XIV of 1991)
Money Laundering Court Act, 2003
Bankruptcy Act, 1997 (Act No. X of 1997)
Artha Rin Adalat Ain, 1990 (Act No. IV of 1990)
Securities and Exchange Commission Act, 1993
Securities and Exchange Commission Ordinance, 1969 (Ordinance No. XVII of 1969)
Securities and Exchange Rules, 1987
Prof. AA Khan: A Manual of Bank Companies Laws and Allied Act, Regulations and Rules.
Revised Edition, 2004
Dr. M Zahir: Company and Securities Laws, 2nd Edition
David. L. Ratner: Securities Regulation
LAW 210: Company Law
History of Company Laws Beginning from The Crown Till the Passing of Company’s Act, 1994.
The Nature of Legal Personality and Lifting of Veil of Incorporation. Advantages and
Disadvantages of Companies with references to Decided Cases. The Formation of the Company.
The preparation and submission of the Memorandum and Articles of Association. The Duties and
Liabilities of Promoters. The Requirements for Prospectuses and Liabilities thereof. Different
Types of Companies. The Role of Registrar of Companies. Majority Rule and Minority
Protection. Fraud on Minority.
Memorandum of Association. The Relation Between Company and Outsiders: The Doctrine of
Ultra Vires. Liability of Company and Directors for Ultra Vires Acts. Alteration of Objects.
Constructive Notice and Indoor Management. The Commission of Torts by the Company.
Vicarious Liability and the Alter Ego Doctrine. Article of Association and Alteration of Articles.
The Relation Between the Company and Its Members and among the Members Inter se.
Directors: Appointment, Dismissal, Disqualification, Duties, Powers and Limitations. Managing
31
Director. Management of the Company: Meeting, Voting and Resolutions. Division of Functions
Among Officers and Organs of the Company. Shares and Debentures. Registration, Different
Classes of Shares. Rights of Different Classes and the Variation of Share Rights. Capital:
Raising, Maintaining and Reducing the Capital. Discounts, Premiums, Payment of Dividends and
Purchase by the Company of Its Shares. Winding-Up: Types of Winding-Up. Powers and Duties
of the Liquidator. Partnership: Definition and nature of Partnership. Formation of Partnership.
Test of Partnership. Kinds of Partners. Relations of Partners to One Another. Relation with Third
Parties. Implied Authority. Mutual Rights and Liabilities. Dissolution of a Firm and
Consequences. Registration of Firms. Effects of None-Registration.
Books Recommended:
K.M. Ghose: Indian Company Law.
L.C.B. Gowrer: Modern Company Law.
Flamer: Company Law.
Topham: company Law.
Bangladesh Gazette (latest): The Company Act, 1994
Dr. M Zahir: Company Law, UPL, 2000
LC. B. Gower and Davies: Principles of Modern Company Law, 7th Edition, Sweet and Maxwell,
2003
Live Schmithoff: Palmer’s Company Law, Stebens & Sons Ltd London, 1987
Geoffrey Morse: Charlesworth’s Company Law, 16th Edition
Andrew Hicks: Cases and Material on Company Law, 4th Edition
Ben Petit: Company Law, Longman Publication, 2001
Avter Singh: Company Law, Eastern Book Co, Lucknow, 2000; Introduction to the Law of
Partnership
Nirmalendu Dhar: Dhar on Company Law and Partnership
LAW 211: Fiscal Laws of Bangladesh
Income Tax Ordinance 1984: Definition: Income and Exemptions, Assesses, Types and Status,
Tax Authority, Appeals, Revision and Reference, Assessment procedure, Recovery of Taxes,
Refund and Penalties, Assessment of Non-Succession of Business; Changes in the constitution of
firm, Provisions regarding certain classes of provident and superannuation Funds.
32
Sales Tax Act. 1951: Definition: Basis of Sales Tax, Assesses, Goods Assessable and exempted,
Requirements, Maintenance, Production and Inspection of Accounts, Assessment Technique,
Appeal, Revision, Refund, Recovery, Penalties, Ratification of Mistakes.
Value Added Tax: Important terms, Taxable goods and services, VAT Authorities,
Determination of VAT, method and time for VAT payment, Turnover tax and supplementary
duty, Registration under VAT and VAT return.
Customs Act: Brief Introduction to Customs Act 1969, Statutory definitions, customs procedure,
customs authorities, Prohibited goods, goods dutiable, Exemptions from customs duty, Valuation
procedure, date for determination of value and rate of duty, determination of customs duty.
Estate Duty Act. 1950: Principles of passage of property of death, Waqf, Provision of Company
Valuation, Aggregation into Estate, Deduction and Computation and Principles, Assessment
Technique, Refund, Recovery and Penalties.
Wealth Tax Act. 1963: Definition: Changes of wealth of Gift Tax, Assessment procedure,
Liabilities to Assessment in special cases, Authorities, Appeals, Revision and References,
Payment and Recovery and Penalties.
Gift Tax Act 1963: Definition: Changes of Gift Tax, Assessment procedure, Liabilities to
Assessment in Special cases, Authorities, Appeals, Revision and Reference, Payment and
Recovery; Penalties.
Books Recommended:
Income Tax Manual Part I, II & III
Sales Tax Manual Part I, II & III
Income Tax Ordinance 1984
Gift Tax Act. 1963
Sales Tax Act. 1951
Agriculture Income Tax Act 1944
Estate Duty Act 1950
Wealth Tax Act 1963
Gift Tax Act 1963
Capital Gains Tax Bangladesh Act.
A.H. Shaha Dutullah: Income Tax
Nurunavi: Income Tax
LAW 212: Public International Law
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Origin, Nature and Development of International Law, Theories as to Basis of International Law,
Law of Nature, Positivism, Sanctions of non-observance of International Law.
The Sources of International Law: Formal and Material sources of Law, Material sources of
international Law, International Treaties and conventions, International Custom as evidence of
general practice-accepted as law, General Principles of law recognized by civilized nations,
Decisions of Judicial or arbitral Tribunal, Juristic works.
Relation between International Law and Municipal law: Theories as to the Relation between
International Law and Municipal law, State Practice as to operation of International Law within
Municipal Sphere, International Tribunals and the operation of Municipal Law.
Basic Principles of International law: Codification and Progressive Development of International
Law.
The Subjects of International law: States as the principle subjects of International Law, The
different kinds of state and non-state entities, Associations and Grouping of States-International
Person.
Recognition: Recognition of States and Governments, Recognition de jure and de facto, Legal
effects of Recognition.
Elements of State territory: Modes of Acquisition and losing of State territory, Sovereignty and
its limitation over state territory, International Rivers and their legal regions.
Law of the Sea: Territorial sea Contiguous Zone, Exclusive Economic Zone and Continental
shelf, High Seas and Deep Sea bed.
Rights and Duties of States: Jurisdiction, State Responsibility, State Succession-Rights and
obligations of Predecessor and Successor States.
Diplomatic Envoys and consuls, Special Diplomatic Missions, Diplomatic Immunities and
Privileges.
Law and Practice as to Treaties: International Dispute: Peaceful and forcible settlement of
international disputes-Intervention, War and Neutrality.
The United Nations: Organization-its organs, Role of the General Assembly, Security Council
and the International Court of Justice in settling international disputes, contribution of the United
Nations in the development of International Law.
Books Recommended:
Openheim: (Leuterpacht Edition) International Law Vol. I & II.
34
Starke: An Introduction to International Law (4th Edition).
Jan Brownlies: Principles of Public International Law.
Schwazenbergey: International Law as applied by International Courts and Tribunals.
J.H. Briefly: The Law of Nations
D.P. O’Connel: International Law Vols. I & II .
Fenwick: International Law.
Jenks: The Common Law of Mankind.
Mac Nau: The Law of Treaties.
Briggs: The Law of Nations.
Green: International Law through the Cases (4th Edition)
LAW 301: Specific Relief and Limitation Act.
Specific Relief Act
Extent and Scope of Application of the Act, Recovery of Possession of Immovable Property, Suit
by Person Disposed, Specific Performance of Contract as a Specific Relief, Contract which can
be Specifically Enforced and which cannot be specifically enforced, Persons for Against whom
Contracts may be Specifically Enforced, Discretion and Powers of the Court, Rectification of
Instrument, Rescission of Contracts, Cancellation of Instrument, Declaratory Decrees as Specific
Relief, Preventive Relief, Perceptual Injunctions, Mandatory Injunctions to Perform Negative
Agreement.
Books Recommended:
Specific Relief Act. 1877 (Govt. Publication).
Pollick: Indian Contract and Specific Relief Act.
Mullah D.F: Indian Contract and Specific Relief Act.
Law of Limitation
Law of Limitation, Limitation and Prescription, Object, Interpretation and Application of Statute
of Limitation, Waiver of Limitation, Limitation of suits, Appeals and Application, Computation
of Period of Limitation, Grounds of Exemption from Extension of Period of Limitation and
Suspension of Limitation, Acquisition of ownership by possession, Acquisition of easement
rights, Limitation in Suits from Recovery of Land, Saving Acknowledgement.
Books Recommended
35
Limitation Act, 1908.
Mulla: Indian Limitation Act.
LAW 302: Law of Evidence
Law of Evidence: Function of the Law of Evidence
Preliminary: Short, Title-extent and commencement of the act.
Scheme of the Evidence Act: Relevancy of facts, Facts connected with the facts to be produce.
Relevancy of Facts: Facts in issue and Relevant facts connected with the facts to be produce.
Statement about the facts to be proved. Decision about the facts to be proved. Opinions of the
facts to be proved. Character of the persons who are concerned with the facts to be proved.
Mode of Proof: Judicial notice, facts admitted, Proof of facts other than contents of documents.
Proof of documents including proof of execution of documents and proof of existence, condition
and contents of documents.
Production and effect of evidence: Burden of Proof, Presumptions, competence of a witness,
Privilege, Examination of witness, Impeachment or confirmation of the credit of a witness, Power
of the court in relation to examination witness.
Improper Admission on rejection of Evidence.
Books Recommended:
Nokes: Introduction to the Law of Evidence.
Monir: Principle and Digest of the Law Evidence
Stphen: Introduction to the Law of Evidence
Sarker: Law of Evidence
Phipson: Law of Evidence.
Cockel: Cases on Evidence.
Evidence Act. 1872 (Govt. Publication)
LAW 303: Administrative Law
Focuses on examining the sources and nature of administrative agency authority and the scope of
judicial review of administrative decisions. The constitutional and legislative limitations on
agency authority and on judicial review are considered. Special emphasis is placed on the federal
Administrative Procedure Act; state analogs may be studied as well.
36
Some attention also may be given to the internal functioning of typical state and federal
administrative bodies and to the relative importance of various informal influences on agency
decision-making, including executive and legislative pressures and desire for consistency.
Books Recommended
C K Thacker – Administrative Law
C K Takwani – Lectures on Administrative Law
I P Massey – Administrative Law, EBC, Lucknow, 1985 forwarded by chief Justice P N
Bhagwati, Introduction by Dr. Upendra Baxi
Garner – Administrative Law
Christine B Harrington – Administrative Law and Politics
H W R Wade and C F Forsyth – Administrative Law
Mahmudul Islam – Constitutional Law of Bangladesh
Hood Philips – Constitutional Law and Administrative Law
Hilaire Barnett- Constitutional Law and Administrative Law
Barrister Abdul Halim- Constitution, Constitutional Law and Politics: Banglsdesh Perspective, A
Comparative Study of Problems of Constitutionalism in Bangladesh
M A Fazal – Judicial Review of Administrative Action in India, Pakistan & Bangladesh
Griffith and Street: Principles of Administrative Law
V G Ramchandran: Administrative Law
V G Ramchandran: Law of Writs under the constitution
Dr. Kamal Siddique- Local Government
H K Shaharay- Administrative Law and Tribunals
M P Jain - Administrative Law
LAW 304: Registration & Public Demand Recovery Act
Law of Registration: Definition of Registration: Registrable Documents: Documents of which
Registration is Compulsory and Optional, Time of Presentation-Personal to present documents
for Registration, Effects of Registration and Non-Registration, Powers and Duties of Registering
Officers.
Books Recommended:
D.F. Mullah: Indian Registration Act.
37
PDR ACT
Definition-Filling, Service and Effects of Certificates and Hearing of Objections, Execution of
Certificates, Attachment, Sale, Setting a Side Sale, Reference to Civil Court. Appeal, Revision
and Review.
Books Recommended:
D L R: Public Demand and Recovery Act, Dhaka, 1992
Sultan Ahmed: the Public Demands Recovery Act, Anupam Gyan Bhandar, Dhaka, 1991
S C Sarkar: Public Demads Recovery Act, Calcutta, 1981
Abdul Matin, The Public Demands Recovery Act, 1913, Dhaka, 1990
LAW 305: Law of Civil Procedure (Part-I)
Introduction to the Law of Civil Procedure, Important definitions, Suit of a civil nature,
Jurisdiction of Civil Courts, Res subjudice, Res judicata, place of suing, Institution of suit,
Pleadings: Meaning, Object, General Rules, Amendment of Pleading; Plaint : Meaning,
Particulars, admission, return and rejection of plaint; Issue and service of summons; Written
statement; Set-off and counter claim; Parties to a suit; Legal Representative; Inherent power of
courts; Interim Orders: Commission, Arrest before judgment, Attachment before judgment,
Temporary Injunctions, Interlocutory Order, Receiver, Security of costs; Withdrawal and
compromise of suits; Suit in Particular cases: Suits by or against Government, Suits by aliens and
by or against foreign Rulers, Ambassador and Envoys, Inter-pleader Suit, Pauper suit, Suits
involving constitutional law, Suits relating to public matters, Supplemental Proceedings, Transfer
of civil suits.
Books Recommended
D. F. Mulla, Code of Civil Procedure
C.K.Thakkar, Code of Civil Procedure
M.P.Tandon, Code of Civil Procedure
Government publication, The Civil Procedure Code, 1908
LAW 306: Law of Criminal Procedure (Part-I)
Introduction: Object of the Law of Criminal Procedure, Scheme of the Code of Criminal
Procedure, Definition of some key terms, Jurisdiction and Powers of Criminal Courts.
38
Information and Investigation: Duty to give information, Information in cognizable and non-
cognizable cases, Powers of the Police to Investigate, Procedure for Investigation, Recording of
Statement and Confession, Procedure when investigation cannot be completed within Twenty-
four hours, Procedure on Completion of Investigation
Arrest- Meaning and method of arrest, provisions regarding arrest; Bail- Meaning and provisions
regarding bail; Bond of accused and sureties;
Processes to Compel Appearance: Summons, Warrant, Proclamation and Attachment, Production
of Documents and other things, Search and Seizure
Proceedings before Magistrates: Cognizance and initiation of proceeding before Magistrate,
Complaints to Magistrate and commencement of proceedings
Transfer of cases: Appellate Division’s power to transfer cases, High Court Division’s power to
transfer cases, Sessions Judge’s power to transfer cases, Chief Metropolitan Magistrate, Chief
Judicial Magistrate or District Magistrate’s power to withdraw or refer cases
Preventive and Precautionary Measures: Preventive action of the police, Security for keeping the
peace on conviction, Security for keeping the peace in other cases, Security for good behaviour,
Proceedings in all cases subsequent to order to furnish security, Dispersal of unlawful assemblies,
Removal of public nuisances, Disputes as to immovable property
Books Recommended:
Sarkar Ali Akkas, Law of Criminal Procedure
Shawkat Mahmood, The Code of Criminal Procedure
Ratan Lal and Dhiraj Lal, Criminal Procedure Code
LAW 307: General Clauses Act and Interpretation of Statutes
The General Clauses Act, 1897: Objective of the Act, General definition, Application of certain
definitions to all Bangladesh laws, General rules of construction, Powers and functionaries,
provisions as to orders, rules, etc. made under enactment, Miscellaneous provisions.
Interpretation of Statutes: Definition of statutes, Forms and types of statutes, Difference between
statutes and other laws, Interpretation and construction, approach to interpretation –Necessity of
interpretation, maxims of interpretation-types of interpretation- historical, grammatical,
teleological, jurisprudential, purposive, sociological, rules of interpretation- golden rules and
mischief rules, working papers- Comparison between interpretation of statutes, interpretation of
39
constitution and interpretation of international treaties, some examples of interpretation of
statutes from case laws.
Books recommended:
N S Bindra – General Clause Act
Vidya Dhar Mahajan – General Clause Act
P St. J Langan – Maxwell on Interpretation of Statutes
N S Bindra – Interpretation of Statutes
V D Mahajan – Jurisprudence and Legal Theory
Vepa P Sarathi – Interpretation of Statutes, 4th Edition 2003
Francic Bennion, Statutory Interpretation, 2nd Edition
The General Clauses Act, 1897
Sh. Shaukat Mahmood and Sh. Nadeem Shaukat – Principles of Interpretation of
Statutes with General Clauses Act 1897
LAW 308: Law of Crimes
Law of Crime: The special criminal Law. Crime and Civil Injuries, Guilty Mind, Ground of
Exemption from Criminal Responsibility, Joint Liability and Abutment Attempt.
Punishment: Its Objects and Limits.
The most important offenses Against the State and other Public Interests, Offenses Affecting the
Human Body, Offenses Against the Property and other Interests of the Individual.
Crimes and punishments under penale code.
Books Recommended:
L. Kabir: Penal Code.
Stephen: Commentaries on the Law of Indian Penal Code, 1960.
Ratanlal & Dhirajlal Thakore: Indian Penal Code.
Fitzgerald: Principles of Criminal Law.
Glanville Williams: Criminal Law.
40
LAW 309: Law of Criminal Procedure (Part II)
Charge: Meaning, Object, Content of charge, Effect of error, Alteration in charge and proceeding
thereafter, Joinder of Charges, Charge of one offence but conviction of another
Trial: Trial of cases by Magistrates, Summary Trial, Trial before Courts of Sessions Judges
General provision as to Enquiries and Trial: Role of Public Prosecutor in trials, Tender of pardon
to accomplice, Compounding offences, Time for disposal of cases, Right to defense by advocate,
Competency of accused to be witness, Accused not understanding proceedings, Power to examine
the accused, Manner of recording the examination of accused, Influence to induce disclosure,
Power to examine witness, Power to postpone or adjourn proceedings, Local inspection,
Detention of offenders attending the court, Evidence in presence of the accused, Manner of
recording evidence, Evidence recorded by different Judges or Magistrates, Trial in absentia,
Previous acquittals or convictions, Commission for examination of witnesses, special rules of
evidence
Judgment, Execution and Other connected Matters: Meaning and mode of delivering judgment,
Contents of judgment and other provisions; Execution of sentence, Suspension, Remission and
Commutation of Sentences, Appeal and Revision
Special proceedings: Proceedings in case of lunatic, Offences affecting administration of justice,
Direction of the nature of administration of a habeas corpus
Miscellaneous: Authorities before whom affidavits may be sworn, Delivery of persons liable to
be tried by court-martial, power of the Supreme Court to make rules, personal interest of a Judge
or Magistrate, practicing advocate cannot be a Magistrate, ar to purchase or bid for property by a
public servant, Offence of rape by husband, Inherent powers of the High Court Division
Books Recommended:
Sarkar Ali Akkas, Law of Criminal Procedure
Shawkat Mahmood, The Code of Criminal Procedure
Ratan Lal and Dhiraj Lal, Criminal Procedure Code
LAW 310: Law of Civil Procedure (Part-II)
Appearance and Non-appearance of parties; First hearing; Discovery, Inspection and Production
of documents; Trial; Judgment: Definition, Essentials, Pronouncement, Contents and Alteration;
Decree: Definition, Essentials, Types, Drawing up of a Decree, Contents and Decree in particular
41
cases, Interest, Costs; Appeal: Appeals from original decree, Appeals from appellate decree,
General provisions relating to appeals, procedure on admission of appeal, procedure on hearing,
judgment on appeal, appeals to the Appellate Division; Reference to High Court Division;
Review and Revision; Execution: Meaning, nature and scope, application for execution, stay of
execution, mode of execution, arrest and detention, attachment of property, sale and delivery of
property;
Books Recommended
D. F. Mulla, Code of Civil Procedure
C.K.Thakkar, Code of Civil Procedure
M.P.Tandon, Code of Civil Procedure
Government publication, The Civil Procedure Code, 1908
LAW 311: Intellectual property Law
The concept of Intellectual Property; Copy Right: Origin and development of Copyright Law;
Rights protected by copy right; Copyright infringement, remedies; Industrial Property; Patent and
duration of patent, other kinds of patents. infringement and, Remedies; Trade Marks: Definition
of trademarks, functions of trademarks; Acquisition of trademark rights, Infringement of
trademarks; Industrial design; Role and contribution of intellectual property; International
co-operation in intellectual property; World Intellectual Property Organization; Paris Convention
for the Protection of Intellectual Property, and other conventions; Intellectual property litigation;
New development in intellectual property; Computer programs, integrated circuits, reprography,
broadcasting innovations.
Books Recommended:
Law of Intellectual Property by P. Narayan
Law of Intellectual Property by Utshell
WIPO Publications
LAW 312: Land Laws of Bangladesh
History of Land Laws: Grant of Dewani-The Bengal Zemindars, their growth and incidents; Law
relating to Permanent Settlement-main idea of Lord Cronwallis-defects of this Regulation-
abolition of Permanent Settlement-reasons. Nature and Definition of Benami Transaction, Texts
42
of Benami Transactions, Benami Transaction, Limitations of Benami Transaction, Benami
Transaction and doctrine of Advancement.
Revenue Law: Law relating to revenue-free lands-origin of revenue free grants-policy of the East
India Company in this respect.
Law relating to under tenures-Patni taluks-their incidents. Law relating to sale of tenures for
arrears of revenue-short history of the law; sale notification, notice, appeals regarding sale-setting
aside of sale-powers of the Civil courts.
Law relating to Alluvion and Diluvion-ownership of new charts or islands-Reformation in situ-
fishery rights.
Law Relating to Landlords and Tenants: Short history of Tenancy Laws-extent and application-
classes of tenants to rent sale for arrears-setting aside sale.
Law relating to abolition of zemindary system: acquisition of all rent receiving interest by the
State: Definitions who is not a rent-receiver; Special provisions for the acquisition of interests of
certain rent-receivers-special provisions regarding lands held in Lie of service; Preparation of
record of rights-assessment of compensation; Provisions relating to arrears of revenue, rent and
ceases; Incidents holdings of raiyats, and transfer, purchase and acquisition of lands: provisions
as to enhancement and reduction of rent; ammulgamation, sub-division and consolidation of
holdings: Maintenance of the record of rights; Jurisdiction-appeal, Revision and Review.
Law relating to Non-agricultural Tenancy: Definitions-classes of non-agricultural tenant;
Incidents of non-agricultural tenancies-under-tenants; provisions as to transfer of non-agricultural
lands-Judicial procedure.
Regulation I of 1793 the permanent Settlement Regulation VIII of 1973 The Decennia
Settlement.
Regulation XIX of 1793 The Non-Badshahi Lakhiraj Regulation.
Regulation XXXVII of 1973 The Badshahi Lakhiraj Regulation.
Regulation VII of 1819 Bengal Patni Tuluk Regulation.
Regulation XI of 1825 Bengal Alluvion and Dildvion Regulation.
Act. Xr of 1859 Bengal Land Revenue Sales Act.
Act. VIII of 1885 Bengal Tenancy Act.
State Acquisition and Tenancy Act 1950
Books Recommended:
Mitra: Land Law of East Bengal.
B.B. Mitra: Laws of Prescription and Easements.
43
U. N. Mitra: Laws of Prescription and Easements.
Field: Introduction to Bengal Regulations (Regulation Portion)
L. Kabir: Land Laws (Vols. I, II & III)
Bengal Tenancy Act: ( Act of VIII of 1881) Government publication with amendment up to dat.
M.K. Rakshit: E.B. State Acquisition & Tenancy act. Vols. I, II & III.
L. Kabir: Rights and Liabilities of the Raiyats under the Bengal Tenancy Act. 1885 and the State
Acquisition Act
LAW 401: Human Rights Law
Human rights: Conceptual background, origin and development; Human rights and fundamental
rights; Different generations of human rights: First generation, second generation and third
generation of rights; International human rights instruments: United Nations Charter; Universal
Declaration of Human Rights, 1948; International Covenant on Civil and Political Rights, 1966;
International Convenient on Economic, Social Cultural Rights, 1966; Regional human rights
instruments, European Convention on Human Rights and Fundamental Freedoms; European
Social Charter; American Declaration of the Rights and Duties of Man; American Convention of
Human Rights; African Charter on Human and People's Rights; Special human rights
instruments: Convention on the Elimination of All Forms of Discrimination on Women
(CEDAW); Child Rights Convention (CRC); Vienna Declaration; Human rights in armed
conflict; Human rights situation in Bangladesh: Women, children, media, police, environment,
minority, indigenous people etc.; Human rights and Development.
Books Recommended:
Basic Documents on Human Rights by Brownlie (London: Clarendon Press, 1971).
International Protection of Human Rights by M. Ganji (Geneva: E Droz, 1962).
The New Politics of Human Rights by J, A, Joyce (London: Momillan, 1978).
International Law and Human Rights by H. Lauterpacht (London: Garland Pub. Inc. 1973).
International Concern with Hum-an Rights by M. Mosiowitz (New York: Ocearn, 1974).
Human Rights: Thirty Years after Universal Declaration by (Edited) B Ramcharan (London:
Nijhlff, 1979).
Human Rights and World Orders by Abdul Aziz Said (edited) (New York: Praeger Publishers,
1970).
The International Law of Human Rights by Puaul S Siegharts by (Oxford: Clarendon Press,
1988).
44
Human Rights Issues and International Law by M. Zamir.
International Human Rights in a Nutshell, 1998 by Thomas Buergenthal
LAW 402: Environmental Law
General Issues:
Origin of environmental movement – historical background of the development of modern idea
of international environmentalism current international environmental issues, theoretical issues
and philosophical underpinnings of environmentalism, reasons for the development of
environmental law.
International environmental legal Issues:
International environmental law – definition nature scope and sources of international
environmental laws, traditional international law sources like convention, treaties, customs,
decisions of the international court of justice, soft law sources like declarations, non legally
finding principles etc., the nature of international environmental problems, Principles of
international environmental law, the scope for the development of new international
environmental law sources.
International Developments:
Stocklom Declaration of 1972 – its contents legal principles – its importance and effects in the
development of international environmental laws- Brundtland Commission Repost – world
commission on environment and development issue of sustainable development. Declaration of
the Hague – United Nation Conference of Environment and Development (UNCED) – Rio
Declaration and other UNCED texts, Agenda 21- Principles for a Global consensus on the
management, Conservation and Sustainable Development of all types of forest, the United
Nations Framework Convention on Climate change 1992, the importance of these instruments
and their effects in the development of international environmental laws, Kayto Protocol and its
importance for environment. Montreal Protocol 1987, Vienna convention in the perfection of the
Ozone Layer 1990.
Global and Regional Organization for Environment:
Role of UNO – General Assembly, United Nations Environmental Programme (UNEP) – its
organization- function – activities in the development of international environmental law –
45
United Nations Specialized Agencies involved in the development of environmental law – FAO,
ILO,UNESCO, WHO, WMO etc.
Role of different regional organization in the protection of regional environment: The United
Nations Economic Commission for Europe – the council of Europe – the organization of
Economic Co-operation and Development, European Communities – Organization of American
States Organization of American unity- south pacific regional organizations.
Environmental Law of Bangladesh:
Major Domestic Environmental problems of Bangladesh. Historical perspective: Development of
Environmental Laws in Bangladesh in Different Phases. Overview of the Domestic
Environmental Legal Framework of Bangladesh. Sources of Environmental Law.
Features of the Domestic Regulatory Regimes on the Environment of Bangladesh. Domestic
Environmental Law and Policy-making Process of Bangladesh. Sectoral Laws and Policies
Relating to Environment of Bangladesh: Pollution (Air, Water, Sound) Related Laws and Policies
of Bangladesh. Waste Disposal Related Laws and Policies of Bangladesh. Forestry Related Laws
and Policies of Bangladesh, Biodiversity Conservation Related Laws and Policies of Bangladesh,
other sectoral laws and policies.
Environmental Conservation Act 1995, Environmental Court Act, 2000: Powers, Functions and
Procedures of the Environmental Court, Effectiveness of Environmental Court, Enforcement of
Environmental Laws. Public Interest Litigation, Its Role in the Protection and Conservation of
Environment in Bangladesh. Institutional Issues: Role of Governmental and Non-governmental
Organizations in the Protection and Conservation of Environment: Ministry of Environment and
Forest ( MoFF), Department of Environment (DoE), Department of Forest (DoF), Bangladesh
Environmental Lawyers Association (BELA) and other environmental NGOs. Issue of Inter-
agency Co-ordination.
Books Recommended:
Alexandre Kiss and Disah Shelton: International Environmental Law, Graham & Trotman
Limited, London, England, 1991.
Patricia W. Birnie and Alan E. Boyle: International Law and the Environment, Clarendm Press,
Oxford, England, First Published 1992, reprinted 1994.
Thomas J. Schoenbaum, Ronald H. Rosenburg: Environmental Policy Law – Problem – Cases
and Readings; Westburg New York, The Foundation Press Inc. 1991.
46
Yearbook of International Environmental Law – Volumes: 1, 2, 3, 4 etc.
Herald Hofmann, edition: Basic Documents of International Environmental Law, Vol. 1, 2 & 3,
Graham & Trotman, 1992.
W. Lang, H. Nehold and K. Zemanek (cds): Environmental Protection and International Law,
1990.
David Freestone; The Road From Rio: International Environmental KLaw after the Earth
Summit, the University of Hull Press, 1993.
A. Atiq Rahman, Raana Haider, Eirik G. Janses (ed): Environment and Development in
Bangladesh, Vol. 1 & 2. University Press Limited, 1994.
Mohiuddin Farooque & S Rizwana Hasan: Law Regulating Environment in Bangladesh
Mohiuddin Farooque: Law and Custom on Forests in Bangladesh, Issues & Remedies
Mohiuddin Farooque: Regulatory Regime on Inland Fisheries in Bangladesh
B C A S: Guide to the Environmental Conversation Act, 1995 & Rules, 1997
A R Masud: the Fish Law, Anupam, Dhaka, 2003
Aliuzzaman Chowdhury: The Forest Laws of Bangladesh
IUCN-Bangladesh: Natural Resources Conversation Strategy
A Atiq Rahman: Environment and Poverty, B C A S, 1998, Dhaka
Jona Razzaque: Public Interest Environmental Litigation in India, Pakistan and Bangladesh,
Kluwer Law Publication, 2004
LAW 403: Criminology
Criminology and Criminal Law, Perspectives and methods in Criminology, Physical,
Physiological and Racial factors and crime, psychological theories of criminal behavior, social
and religious institutions of crime, Causes of crime-viewing the problem as a whole,Theories of
Punishment.
The Control of Crime
The Control of Crime: The nature of punishment and the Penal system, the treatment of
criminals-Borstal, the Approved schools probation, detention before trial, parole, The Juvenile
Court, Prison training, Prevention of Crime and delinquency.
Books Recommended:
Howard Jones: Crime and the Penal system.
47
Sutherland and Cressey: Principles of Criminology
Donald R. Taft: Criminology.
Winfred A. Elkin: The English Penal System.
W.C. Reckless: The Crime Problem.
G.B. Vold: Theoretical Criminology.
Korn and Recorkle: Criminology and Penology.
W. †evinvb DwÏb Lvb - Aciva weÁvb
LAW 404: International Trade Law
Introduction: basic idea about international trade; International trade term; INCO Terms in the
Law of International Trade
International Sale Contract: Nature of goods; Property and title, Possession and Delivery; Risk
and Frustration; Contents of Contract; Performance and Remedies; CIF Contract - obligation of
the seller, duties of the buyer & duties of the seller; FOB Contract – duties and obligation of the
parties; AFS Contract; Other forms of contract in international trade; UN Convention on Contract
for the International Sale of Goods -1980
Financing of International Trade: Bill of exchange, documentary bills, documentary credits,
standby credits, performance bond and guarantees, export credit guarantee, other methods of
financing; Transnational credit agreement; Letter of credit - issuing bank and corresponding
Bank; Contemporary issues in the area of international banking and finance law.
Carriage of Goods by Sea: Brussels Convention 1924 (Hague Rules), Brussels Rules (Visby
Rules), UN Convention 1978 (Hamburg Rules), Bill of Lading Types and functions Charter party
– Essential Terms & Conditions, General carriage and Charter Party.
Insurance against contract in international trade: Formulation of Marine Insurance Contract
Insurable interest – Losses
GATT / WTO: Globalization of International Trade, Conflict of Laws, Dispute Settlement
Mechanism of WTO
Arbitration: Theory and Institutional Structure of Arbitrations, Mechanism for sitting
International Trade disputes problem of Sovereign Immunity and enforcement of Awards.
Books Recommended:
Avtar Singh, Law of Carriage
Carver, Carriage by Sea
48
Janette Charley, International Trade Law
Pamela Sellman, Law of International Trade
Payne & Ivamy, Carriage of Gods by Sea
Rafiqul Islam, Comments on International Trade Law
S. C. Chhua, International Trade Law
Templeman, International Trade Law
Thomas Edward Scrutton, Charter parties and Bills of Lading
LAW 405: Alternative Dispute Resolution
Client Counseling:
Factual investigation; client interviewing, listing and observing, (Section 126 of Evidence Act,
1872), Interview checklist, client interviewing form; Reading of cases, finding law opinion,
common forms and negotiation techniques.
Alternative Dispute Resolution (ADR):
Meaning and importance of alternative dispute resolution, method of alternative dispute
resolution, qualifications of an ideal mediator, distinction between judicial system and ADR, the
provisions of ADR under the Code of Civil Procedure, the Code of Criminal procedure, The
Artha Rin Adalat Ain.
Arbitration:
Meaning and nature of arbitration, comparison among and between the judicial proceedings,
arbitration proceedings and ADR proceedings, composition and jurisdiction of arbitral tribunals,
making of arbitral award and enforcement of arbitral award, recognition and enforcement of
arbitral awards, settings aside an award, when arbitration superseded by the court, appeal.
Professional Ethics
The nature and need of the legal profession, the legal profession as distinguished from business,
history of legal profession in the sub-continent, Unified Bar in the independent Bangladesh,
conditions of enrollment of advocate: subordinate court’s advocate, public prosecutor(PP),
Government Pleader(GP), High Court Division’s Advocate, Appellate Division’s advocate,
Advocate-on-record, Senior Advocate, Attorney General of Bangladesh, importance of legal
ethics, canons of professional conduct and etiquette: Duties and responsibilities towards other
49
lawyers, towards Clients, towards Court, towards other persons, misconduct, the tribunal and
disciplinary proceedings against misconduct of an advocate.
Book recommended:
The Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972.
N. H. Jhabvala: Professional ethics.
LAW 406: Maritime and Shipping Law
Bill of Lading; Charter Parties, Arrest of ships and marine injunction; Contract of infringement,
differences between Bill of Lading and Charter -party, Right of stoppage in transit, duties of a
carrier by sea; liabilities of a carrier by sea, ship owners lien; Admiralty practice and arrest of
ships;
International ship management; Introduction to International Safety Management (ISM Code)
and implication the Code. Protection and Indemnity (P & I) Insurance; Cargo Claims;
Documentation and procedures for recovery of damages from carriers; Marine insurance policy,
insurable in warranties; voyage, deviation and change of voyage, perils, losses and kinds of
losses, particular average, general average, salvage;
Relevant Laws:
Bill of Lading Act 1856.
Marine Insurance Act 1925
LAW 407: Media and Information Technology Law
Concept and importance, Globalization and MIT, ICT; media information technology laws in
Bangladesh- its future and application, the characteristics of cyber space and the process which
influence law making, customary laws on cyber space, dispute resolution in cyber space, liability
in cyber space, developing legal system and good moral for the internet, intellectual property
rights in digital information, on line banking and e-commerce.
Cyber Space and life in the information age: General introduction to the course and a brief
exploration of the societal Impact of the information technology revolution.
50
Cyber Lawyers and legal profession: The impact of information technology upon the legal
profession.
Cyber Crimes: The darker side of cyber space- the contours of cyber crime-comparing cyber
crime with traditional crimes- the cyber policy.
Cyber properties: Intellectual properties in cyber space- the growing importance of ideas as
valuable property-exploitation-protection-enrichment.
Cyber constitutionalism: the constitutional implications of cyber space
Cyber governance: policing and regulating the internet.
Cyber Privacy: privacy issues relating to the internet.
Cyber Conflicts: defamation in cyber space.
Books Recommended:
Akdeniz, Y, Walker, C.P.
Wall, D.S. eds(2000): The Internet Law and Society
Bainbridge,D.(1996): Introduction to Computer Law
Boyle,J.(1996): Shamans, Software and Spleens: Law and the construction of the information
society
Carr. I. and Williams,K, (eds) (1994): Computers and Law
Wall, D.S. (ed) (2001): Crime and the Internet.
ICT Policy of Bangladesh – Govt. publication.
Indian Cyber Space Law
The Law of Cyber Space- UNESCO.
LAW 408: Private International Law:
Introductory Chapter: Meaning of private international law, Scope of private international law,
Unification of private international law, Origin and Development of private international law,
Doctrines of private international law.
Domicile: Meaning of domicile, Different kinds of domicile, Animus manendi.
Marriage: Definition of marriage, the essential validity of a marriage.
Legitimating and Adoption: Definition of legitimacy and legitimating, differences between
legitimating and legitimacy, adoption.
Contract: Definition of contract, essential validity of contract.
51
Theories of classification and Renvoi: different theories and problem of theories. Theories of
renvoi,
Foreign judgment and foreign law: recognition and enforcement of foreign judgment. the limits
of application of foreign law.
Foreign Succession
Books recommendation:
Private international law by A.M.Chouddhury
Private international law by C.Veena
LAW 409: Moot Court & Debating:
Civil and Criminal Litigation, advocacy training on case law, debating on contemporary issue,
oral presentation.
LAW 410: Trial and Advocacy Training
Civil
Choice of Forum, Drafting of pleadings: various forms of plaints and written statement, Trial
advocacy: skill, opening statement, examination in chief, cross examination, closing argument;
Mock trial; Appellate advocacy; External-ship; court visit for student.
Criminal
Choice of Forum, Drafting of pleadings: drafting of FIR/complaint and bail petition; Trial
advocacy: skill, opening statement, examination in chief, cross examination, closing argument;
Mock trial; Appellate advocacy; External-ship.
LAW 411: Legal Drafting & Professional Ethics
Civil
Law and principles of Drafting and Conveyancing, Distinction between Deeds and other
Documents, Sale of Immovable Property: Essentials of a sale, How to Prepare a sale Deed, How
to Prepare a contract for sale Deed (Bayna Nama). Mortgage: Essentials of a Mortgage, How to
prepare a Mortgage Deed. Lease: Essentials of a lease, How to prepare a Lease Deed. Exchange
of Properties: Essentials of a Exchange, How to prepare an Exchange Deed. Gift or Hiba:
Essentials of a gift or Hiba, How to prepare a Gift or Hiba Deed. Waqf or Trust: Essentials of a
52
Waqf or Trust, How to prepare a Waqf or Trust deed. Will or Wasiyat: Essentials of a Will or
Wasiyat, How to prepare a Will Deed or Wasiyat Nama. Power of Attorney: Essential of power
of Attorney, How to prepare a power of Attorney. Notice: Different kinds of Notice, How to
prepare different kinds of Notice.
Criminal
FIR, General Diary, Bail Petition, Hajira Petition, Time Petition, Naraji Petition, Memorandum
of Appeal, Revision.
Petition under Section 241A of the Cr.P.C., Petition of Complaint, drafting under section 561
Cr.P.C., drafting under section 491 Cr.P.C. (detention), drafting under section 526 Cr.P.C.,
drafting under section 528 Cr.P.C.,
Books Recommended:
N S Bindra: Law of Conveyancing, Draftsman and Interpretation of Deeds
Mogha: Law of Pleading, Eastern Law House, 16th Edition, 2002
De souza: Conveyancing, Eastern Law House, 13th Edition, 2004
Murali Monohar: The art of Conveyancing and Pleading, Eastern Law House,2nd Edition, 2004
Hargopal: Indian Draftsman, Guide to Legal Drafting, Universal Pub. Co. 2003.
GM. Kothari: Principles & Precedents of the Law of Conveyancing, Draftsman & Interpretation
of Deeds & Documents
A S Ramchandran Rao: Modern Commercial Draftsman, Eastern Book Co. 1989
M Mirza: Power of Attorney Act, 1882, Lahore Law Times, 2002
Majumder: Law relating to Notices, Eastern Law Housw, 2002
Abbey and Richards: A Practical Approach to Conveyancing, First Indian Reprint, Universial
Law Publishing Co.
N R Madhava Menon (Ed): The Legal Profession, Bar Council of Indian Trust, new Delhi, 1984
LAW 412: Legal Research Methodology and Effective Writing
Context of Legal research, legal language and legal writing methodologies of legal research
design and structure of research, reference style, finding sources of legal research structure and
interpretation of statutes empirical tools: case studies, questionnaire survey and interviewing
sampling and analysis of data, critical and forms of legal reasoning.
53
Introduction to Legal Research, Objectives of research, Importance and Scope of Research in
Law, Types of Research, Tools and Methodologies of Research, Meaning of research, objectives
of research, Process of legal research, Case Law Research, Legislative Research, Observation,
Social Survey; Sampling, Questionnaire, Rules of Citation, Report writing.
Book Reference:
H N Tewari, Legal Research Methodology
Indian Law Institute, Legal Research
Bonita, Roberts & Linda, Legal Research Guide: Patterns and Practice, Contemporary Legal
Education Series
Marjorie D Rombauer, Legal Problem Solving Analysis, Research and Writing
Myneni, Legal Research Methodology
Jacobstein, Mersky and Dunn, Fundamentals of Legal Research
Kunz and others, The Process of Legal Research
Olson, Legal Information: How to Find It, How to Use It
Cohen and Olson, Legal Research in a Nutshell
C R Kothari, Research Methodology
Gretrude Block, Effective Legal Writing
Alan L Drowsy, The Little Book on Legal Writing
Dr. M Zainul Abedin. A Handbook of Research 2nd ed. 2005 Dhaka.
Copyright © Daffodil International University
http://www.daffodilvarsity.edu.bd/law/llb.php
54
Department of Law
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Bachelor of Laws (LLB) Program
(Two years Duration)
INTRODUCTION
The Department of Law of the University offers Bachelor of Laws (LLB) degree for mature
students. This program is designed for individuals who have already obtained their first
graduation degree (either with honors or not) in any discipline other than law. This program is
relatively less time consuming and inexpensive in comparison to LLB Honors program.
The objective of LLB program is to provide legal education to individuals who cherish desire to
develop their skill, understanding and expertise in law. Particularly, LLB program is designed to
accommodate professionals who may be pre-occupied with their work and other activities during
the day-time hours and can only attend classes in the evenings. Hence, the classes and teachings
of this Program will be conducted only in the evenings and offers the flexibility of completing the
required course credits within a span of two to four years.
DURATION OF BACHELOR OF LAWS (LLB) PROGRAM
Duration of Bachelor of Laws (LLB) program is two academic years (six semesters). It is divided
into two parts as follows:
Part –I : LL.B Preliminary
Part –II: LL.B Final
55
Duration of each of the two parts (LLB Preliminary and Final) is one academic year (three
semesters). If any student fails to complete any part (either LLB Preliminary or LLB Final)
within one academic year, he or she will get the opportunity to complete the course with the next
batch. However, both the parts, LLB Preliminary and Final, must be completed within four years
time.
ELIGIBILITY FOR ADMISSION
Candidates seeking admission to Bachelor of Laws (LLB) program should have at least
graduation degree from any recognized university.
ADMISSION PROCESS
Students will be selected on the basis of past academic records and performance in admission
test. Applicants finally accepted for the program will be notified of acceptance and registration
within specific date. They will have to produce original certificate/ testimonials and mark
sheets/transcripts for all examinations passed at the time of admission. Candidates who have
completed the above formalities will have to pay the requisite admission and other fees for
enrollment.
GRADUATION
To obtain Bachelor of Laws (LLB) degree a student will have to complete all 60 credits with a
minimum CGPA of 2.5. If any student fails in any course he/she will get the opportunity to
improve the grade by retaking the same in the subsequent semester.
COURSES OFFERED AND CREDIT HOURS DISTRIBUTION
Bachelor of Laws (LLB) program consists of 20 courses for six semesters and each course
carries 03 credits.
Part –I: LLB Preliminary
First Year –First Semester
Course Code
56
Course Title
Credit Hours
LAW 501
Jurisprudence
3.00
LAW 502
Muslim Law
3.00
LAW 503
Legal History
3.00
Total Credit
9.00
First Year – Second Semester
Course Code
Course Title
Credit Hours
LAW 504
Hindu Law & Roman Law
3.00
LAW 505
Law of Contract & Torts
3.00
LAW 506
57
Constitutional Law of Bangladesh, UK & USA
3.00
Total Credit
9.00
First Year – Third Semester
Course Code
Course Title
Credit Hours
LAW 507
Fiscal Laws of Bangladesh
3.00
LAW 508
Labor Law of Bangladesh
3.00
LAW 509
Equity, Trust & Specific Relief Act.
3.00
Total Credit
9.00
Part –II: LLB Final
58
Second Year –First Semester
Course Code
Course Title
Credit Hours
LAW 601
Laws of Transfer of Property & Registration
3.00
LAW 602
Land Laws of Bangladesh & Public Demands Recovery Act
3.00
LAW 603
Company Law
3.00
Total Credit
9.00
Second Year –Second Semester
Course Code
Course Title
Credit Hours
LAW 604
Public International Law
3.00
LAW 605
Administrative Law
3.00
59
LAW 606
Law of Evidence & Limitation
3.00
LAW 607
Commercial Law
3.00
Total Credit
12.00
Second Year – Third Semester
Course Code
Course Title
Credit Hours
LAW 608
Law of Civil Procedure
3.00
LAW 609
Law of Crimes
3.00
LAW 610
Law of Criminal Procedure
3.00
LAW 611
Conveyancing and Legal Drafting
3.00
60
Total Credit
12.00
Grand Total: 60 Credits
COURSE DETAILS
LAW 501: Jurisprudence
Definition, Nature, Scope and Utility of the Study of Jurisprudence, Schools of Jurisprudence;
Naturalist, Positivist, Analytical, Realist, Historical, Sociological and Feminist, Definition of law,
kinds of law, sources of law, administration of justice, civil and criminal justice, Theories of
punishment, Substantive and Adjective Law, Analysis of Legal Concepts, Rights, Duties,
Property, Possession, Ownership, Liability, Obligation, Persons and Title.
Books Recommended
Salmond, Jurisprudence
G. W. Paton, A Textbook of Jurisprudence
P.J. Fitzgerald, Salmond on Jurisprudence
V. D. Mahajon, Jurisprudence and Legal Theory
N.V. Paranjapee, Jurisprudence
Hamiduddin Khan, Jurisprudence
LAW 502: Muslim Law
Pre-Islamic Arabian Customs and their influence on Islamic Law, Concept of Law in Islamic
Jurisprudence, Meaning of Sharia, Sources of Muslim Law, Different Schools of Muslim law and
Reasons for their development, Introduction and Application of Muslim Law under British rule in
India, Statutory Reforms
61
Laws relating to Marriage, Dower, Divorce, Guardianship, Maintenance, Legitimacy and
Paternity, Wakf, Pre-emption, Gift, Will and Marz-Ul-Maut, Administration of estate of a
deceased Muslim, and Inheritance under Hanafi and Shia School.
Books Recommended
Baillie, Digest of Muhammadan Law
Abdur Rahim, Muhammadan Jurisprudence
A. A. A. Fyzee, Outlines of Mohammedan Law
B. R. Verma, Islamic Law: Being a Commentary on Mohamedan Law
D. F. Mulla, Principles of Mohammadan Law
F. B. Tyabji, Principles of Muhammadan Law
Tahir Mahmood, Muslim Personal Law: The Muslim Law of India
LAW 503: Legal History (1757-1947)
Judicial System of India during the Hindu and Muslim periods, Early Administration of Justice in
Bombay, Madras & Calcutta, Mayor Courts and the Courts of Request in Presidency Towns,
Inauguration of the Adalat System in Bengal, Regulating Act 1773 and Supreme Court at
Calcutta, Role of Cornwallis in Judicial reforms, Progress of Judicial Reforms (1793-1833),
Establishment of High Courts in India, Privy Council, Federal Court.
Books recommended
M P Jain, Outlines of Indian Legal History
V D Kulshreshtha, Landmarks in Indian Legal and Constitutional History
J K Mittal, Indian Legal History
Abdul Hamid, A Chronicle of British Indian Legal History
Harihar Prasad Dubey, A Short History of the Judicial Systems of India and Some Foreign
Countries
Wahed Husain, Administration of Justice during the Muslim Rule in India.
LAW 504: Hindu Law & Roman Law
Group A (Hindu Law) – 60 Marks
62
Hindu Law: Nature and application of Hindu Law, Sources of Hindu Law, Schools of Hindu
Law, Mitakshara and Dayabhaga schools, their fundamental differences, Laws relating to
Inheritance, Marriage, Sonship, Adoption, Will, Debts and Partition.
Joint Family System: Position of Karta of the Joint Family, his rights and obligations,
Maintenance, Stridhana and Women’s Estate, Inheritance of Stridhana, Religious and Charitable
Endowments, Need for Reforms of Hindu Law in Bangladesh.
Group A (Roman law) – 40 Marks
Importance of the Study of Roman Law, History of Roman Law, Law of Persons, Law of things,
Law of Succession, Law of Obligation, Outlines of Procedure.
Books Recommended
Hindu Law
D. F. Mulla, Principles of Hindu Law
M.K. Rakshit, Principles of Hindu Law
H.L. Chakravarty, Elements of Hindu Law
Tahir Mahmood, Hindu Law
Roman Law
R.W. Lee, Elements of Roman Law
W.A. Hunter, Introduction to the Study of Roman Law
Lutful Kabir, Roman Law
LAW 505: Law of Contract and Tort
Group A (Law of Contract) – 50 Marks
Definition and Meaning of Contract, Making of an agreement: Offer and acceptance, Promise,
Essentials of Valid Contract, Valid, Void and Voidable Contracts, Capacity of Parties-contract by
minor, Free Consent in a contract- its meaning and implication; Coercion, Undue influences,
Fraud, Misrepresentation, Mistake, Consideration-Legality of Consideration, Legality of the
Object of a Contract, Contingent Contracts and Wagering Contracts, Quasi-Contracts,
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Termination of Contract, Remedies for Breach of Contract, Some specific classes of contract-
Indemnity and Guarantee, Bailment, Agency.
Group A (Law of Torts) – 50 Marks
Definition and Nature of Tort, Conditions, Liability, Absolute Liability, Mens rea, Negligence,
Exemptions, Immunities, Joint Wrongdoers, Vicarious Liability, Devolutions of Right and
Liability, Trespass, dispossession, Nuisance, Injuries to Servitudes, Conversion and other Injuries
to Chattels. Injuries to persons, Injuries to domestic relations, Defamation Intimidation, Deceit
and Injurious Falsehood, Liability for Dangerous Property, Wrongful Process of Law, Wrongful
Confinement and Malicious Prosecution, Remedies in Tort: Specific Restitution, Injunction,
Damages.
Books Recommended
Law of Contract
D.F. Mulla, Indian Contract Act and Specific Relief Act
Sir Frederic Pollock, Law of Contract
S. F. Pollock, Principles of Contract
S. W. Anson, Indian Contract Act
Law of Tort
Salmond, Law of Tort
P.H. Winfield, Text book or the Law of Tort
H. Street, Law of Tort
B. M. Gandhi, The Law of Torts
Durga Das Basu, The Law of Torts
LAW 506: Constitutional Law of Bangladesh, UK & USA
Group A (Constitutional Law of Bangladesh)– 60 Marks
Historical Background of the Constitution of Bangladesh, Experiment in Representative
Government under the Government of India Act 1919 and Government of India Act 1935, Indian
64
Independence Act 1947, Constitutional Issues and Tension between Two Wings of Pakistan, Six
Points Program and Emergence of Bangladesh, Proclamation of Independence, Provisional
constitution Order 1972, Constitution of Bangladesh 1972, Fundamental Principles of State
Policy, Fundamental Rights.
The President and his powers and functions, Prime Minister and the Cabinet, Council of
Ministers.
The Legislature- Composition and Functions of Parliament, Privileges and Immunities of
Parliament, Legislative and Financial procedure, Delegated Legislation, Ordinances.
The Judiciary- Organization, Jurisdiction and Powers of the Supreme Court and its Divisions,
Superintendence and Control over Subordinate Courts, Independence of Judiciary, Administrative
tribunals.
Elections- Establishment and Functions of Election Commission-Validity of Election and the
Laws relating to Election.
The Services of Bangladesh - Establishment of Public Service Commission and Judicial Service
Commission and their functions.
Proclamation of Emergency and Amendment of the Constitution.
Group B (Constitutional Law of UK)-20 Marks
Sources and features of English Constitution, Convention of the Constitution, Parliamentary
Sovereignty; Monarchy – Royal Prerogative; Cabinet and Prime Minister- Ministerial
Responsibility; Constitutional Position of the Judiciary, Rule of Law and the Rights and Liberties
of the Subjects.
Group B (Constitutional Law of USA)-20 Marks
Features of the Constitution of USA, The Congress- Senate and House of Representative;
President of USA; Judiciary; Separation of Powers and the Principles of Checks and Balances;
Judicial Review.
Books Recommended
A.V. Dicey, Law of the Constitution
Hood Philips, Constitutional Law and Administrative Law Leading Cases in Constitutional Law
Hood Philips, Constitutional Law and Administrative Law
65
Wilioughby, The Constitutional Law of United States
V. D. Mahajan, Constitutional Law of India
G. W. Choudhury, Constitutional Development of Pakistan
A. Gledhill, Pakistan: the Development of its Laws and Constitution
Mahmudul Islam, Constitution Law of Bangladesh
A.K.M. Shamsul Huda, The Constitution of Bangladesh
Abdul Halim, Constitution, Constitutional Law and Politics: Bangladesh Perspective
Sarkar Ali Akkas, Independence and Accountability of Judiciary
LAW 507: Fiscal Laws of Bangladesh
Income Tax Ordinance 1984: Definition: Income and Exemptions, Assesses, Types and Status,
Tax Authority, Appeals, Revision and Reference, Assessment procedure, Recovery of Taxes,
Refund and Penalties, Assessment of Non-Succession of Business; Changes in the constitution of
firm, Provisions regarding certain classes of provident and superannuation Funds.
Value Added Tax: Important terms, Taxable goods and services, VAT Authorities,
Determination of VAT, method and time for VAT payment, Turnover tax and supplementary
duty, Registration under VAT and VAT return.
Customs Act: Brief Introduction to Customs Act 1969, Statutory definitions, customs procedure,
customs authorities, Prohibited goods, goods dutiable, Exemptions from customs duty, Valuation
procedure, date for determination of value and rate of duty, determination of customs duty.
Estate Duty Act. 1950: Principles of passage of property of death, Waqf, Provision of Company
Valuation, Aggregation into Estate, Deduction and Computation and Principles, Assessment
Technique, Refund, Recovery and Penalties.
Books Recommended:
A.H. Shahadat Ullah, Income Tax: Law and Practice
M. Nurunabi, Income Tax Law and Practice
S.K. Bala, S.M. Miraj, Bangladesh Taxation Laws with Professional Practice
Basic Statutes:
Income Tax Ordinance 1984
Value Added Tax Act 1991
Customs Act 1969
66
Agriculture Income Tax Act 1944
Estate Duty Act 1950
LAW 508: Labor Law of Bangladesh
Conditions of Employment, Classification of Workers, Probation Period, Appointment Letter and
Identity Card, Service Book, Work Register, Stoppage of Work, Closure of Establishment, Rights
of Laid-off Workers for Compensation, Master Roll of Laid–off Workers, Retrenchment, Re-
Employment of Retrenched Workers, Discharge from Service, Misconduct and Punishment,
Procedure for Punishment, Provisions regarding Fine, Termination of Employment by the
Employer otherwise than by Dismissal, Termination of Employment by Employee, Retirement of
a Worker, Provident Fund, Final Dues of Worker, Certificate of Fitness, Power to require
Medical Examination, Maternity Welfare Facilities, Provisions regarding Health and Hygiene,
Provisions regarding Safety, Welfare Measures, Working Hours, Leave and Holidays, Wages and
its Payment, Wage Board, Compensation for Accident, Trade Unions and Industrial Relations,
Settlement and Termination of Industrial Dispute, Strike and Lock Out, Labor Court And Labor
Appellate Tribunal, Workers’ Participation in Companies Profits, Safety and Control of
Employment of Dock Workers, Provident Fund, Offences, Penalties and Procedure.
Books Recommended:
Friedman, The Modern Law of Employment
Croren & Grine, Labour law
Nirmolendu Dhar, Labour Law
Abdul Halim and Masum Saifur Rahman, Bangladesh Labour Code
Basic Statute:
Bangladesh Labour Act 2006
LAW 509: Equity, Trust and Specific Relief Act
Group A (Equity) - 30 Marks
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Common Law Origin and Development of Equity, Nature and Definition of Equity: Courts of
Equity: Composition Powers and Functions of the Courts of Equity, Application of Equity
Jurisdiction in Bangladesh; Relation between Law and Equity: Equitable Estate and its Relation
to Legal Estate; Maxims of Equity; Equitable Remedies: Specific Performance, Injunction and
Receiver.
Group B (Law of Trust) - 30 Marks
Nature and Definition of Trust, Origin and Development of Trust, Classification of Trust,
Creation of Trusts, Appointment, Removal, Rights, Powers, Functions, Duties, Liabilities and
Disabilities of Trustees, Remedies for Breach of Trusts, Limitation, Rights and Liabilities of the
Beneficiaries, Determination of Trust and trusteeship.
Group C (Specific Relief Act) - 40 Marks
Extent and Scope of Application of the Specific Relief Act 1877, Recovery of Possession of
Immovable Property, Suit by Person Disposed, Specific Performance of Contract as a Specific
Relief, Contract which can be Specifically Enforced and which cannot be specifically enforced,
Persons for and Against whom Contracts may be Specifically Enforced, Discretion and Powers of
the Court, Rectification of Instrument, Rescission of Contracts, Cancellation of Instrument,
Declaratory Decrees as Specific Relief, Preventive Relief, Temporary and Perpetual Injunctions,
Mandatory Injunction.
Books Recommended
Snell, Law of Equity
Halsbury, Principles of Equity
G.W. Keeton, Introduction of Equity
G.W. Keeton, Law of Trust
Sardar Iqbal Khan, Law of Trust
Shaukat Mahmood, The Specific Relief Act
B. M. Gandhi, Equity, Trust and Specific Relief Act
D.L.R., Specific Relief Act 1877
LAW 601: Law of Transfer of Property & Registration
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Group A (Law of Transfer of Property) – 80 Marks
Definition, Object and Extent of Applicability, Transfer of Property Inter Vivos, Classification of
Property, General Rules Governing the Transfer of Movable and Immovable Property, Definition
of Transfer of Property, What cannot be Transferred, Valid and invalid Conditions and
Limitations on Transfer, Transfer to Unborn Person, Vested Interest and Contingent Interest,
Condition Precedent and Condition Subsequent, Election, Apportionment, General Rules
Governing Transfer of Immovable Transfer By Ostensible Owner, Transfers By Unauthorized
Person who subsequently acquires interest, Transfer by Co-owners of share in Common Property,
Priority of Rights created by Transfers, Rent Bona fide paid to holder under defective title,
Improvements made by holder under defective title, Lis Pendens, Fraudulent Transfer, Part
Performance, Sales of Immovable Property, Mortgages of Immovable Property, Charges, Lease
of Immovable Property, Exchange, Gift, Transfer of Actionable Claim.
Group B (Law of Registration) – 20 Marks
Definition of Registration, Registerable Documents, Documents of which Registration is
Compulsory and Optional, Time of Presentation, Effects of Registration and Non-Registration,
Powers and Duties of Registering Officers
Books Recommended:
D.F Mulla, Transfer of Property Act
B.B. Mitra, Transfer of Property Act
H.S. Gour, The Law of Transfer
S.K. Ghosal, Law of Transfer of Property
Dhaka Law Report, Transfer of Property Act
D.F. Mullah: Indian Registration Act.
DLR, The Registration Act
Basic Statute:
Transfer of Property Act 1882
Registration Act 1908
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LAW 602: Land Laws of Bangladesh
Group A (S.A.T. Act 1950) – 60 Marks
Short History of Tenancy Laws, State Acquisition and Tenancy Act 1950, Special provisions for
the Acquisition of the Interests of certain Rent-receivers, Special provisions regarding lands held
in Lieu of service, Preparation of Record of Rights, Assessment of Compensation, Provisions
relating to Arrears of Revenue, Rent and Cesses, Incidents holdings of Raiyats, Transfer,
Purchase and Acquisition of lands, Provisions as to Enhancement and Reduction of Rent,
Amalgamation, Sub-division and Consolidation of holdings, Maintenance of the Record of
Rights, Jurisdiction, Appeal, Revision and Review.
Group B (Non-Agricultural Tenancy Act) – 20 Marks
Definitions and Classes of Non-Agricultural Tenant, Incidents of Non-Agricultural Tenancies,
Under-tenants, Provisions as to Transfer of Non-Agricultural lands, Improvements, Judicial
Procedure.
Group C (Public Demands Recovery Act) – 20 marks
Definition-Filling, Service and Effects of Certificates and Hearing of Objections, Execution of
Certificates, Attachment, Sale, Setting aside a sale, Reference to Civil Court. Appeal, Revision
and Review.
Books Recommended:
Lutful Kabir, Land Laws (Vols. I, II & III)
M.K. Rakshit, E.B. State Acquisition & Tenancy Act. Vols. I, II & III.
Lutful Kabir, Rights and Liabilities of the Raiyats under the Bengal Tenancy Act. 1885 and the
State Acquisition Act
M. Hossain, East Bengal Non-Agricultural Tenancy Act 1949
D L R, Public Demands Recovery Act
Sultan Ahmed, The Public Demands Recovery Act
S C Sarkar, Public Demands Recovery Act
Basic Statutes:
70
State Acquisition and Tenancy Act 1950
Non-Agricultural Tenancy Act 1949
Public Demands Recovery Act 1913
LAW 603: Company Law
History of Company Laws, Nature and Constitution of Companies, Memorandum and Articles of
Association, Doctrine of Ultra Vires, Raising and Maintenance of Capital, Company’s Organs
and Officers, Types of Companies, Formation of Companies, Prospectus, Meeting, Investor and
Creditor’s Protection, Directors, Managing Agents, Winding-up.
Books Recommended:
L.C.B. Gower, Modern Company Law
M Zahir, Company and Securities Laws
M. Ahammed, Commercial Law
Basic Statute:
Company Act 1994
LAW 604: Public International Law
Origin, Nature and Development of International Law, Theories as to Basis of International Law,
Sanctions of non-observance of International Law. Sources of International Law, Relationship
between International Law and Municipal law, Codification and Progressive Development of
International Law, Subjects of International Law, State Territory, Recognition, State Jurisdiction,
State Responsibility, State Succession, Law of the Sea, Diplomatic Envoys and consuls,
International Dispute, Intervention, Law of War and Neutrality, and the United Nations and its
different organs.
Books Recommended:
Openheim, International Law
Charles G Fenwick, International Law
71
J. G. Starke, An Introduction to International Law
M. P. Tandon, Public International Law
S.K. Kapoor, International Law and Human Rights
Leading Cases:
1. Alabama Claims Arbitration (1827)
2. Corfu Channel Case (1949)
3. Luther v Sagor (1921)
LAW 605: Administrative Law
Meaning and Nature of Administrative Law, Importance of Administrative Law, Rule of Law and
Droit Administratiff, Separation of Powers and Administrative Law, Origin and Growth of
Administrative Law in U.K., U.S.A., and South Asian Countries; Legislative Powers of
Administration, Delegated Legislation, Limits of Delegated Legislation, Concept of Ultra Vires,
Judicial Powers of Administration, Administrative Tribunals, Control of Judicial Power, Exercise
of Administrative Discretion and its limits, Control of Administrative Powers and Actions -
Judicial Review, Writs and Ombudsman, Public Corporations and Government Control of the
Corporations, Decentralization of Administration – its aims and objectives, Local Government
and Local Self-Government in Bangladesh, Suit against Government –Scope and Limitation.
Books Recommended:
Hood Philips, Constitutional Law and Administrative Law
C. K. Thacker, Administrative Law
C.K. Takwani, Lectures on Administrative Law
I. P. Massey, Administrative Law
M. P. Jain, Administrative Law
Kamal Siddique, Local Government
LAW 606:Law of Evidence & Limitation
Group A (Law of Evidence) -80 marks
72
Function of the Law of Evidence, Facts in issue and Relevant facts connected with the facts to be
proved, Statement about the facts to be proved, Decision about the facts to be proved, Opinions of
the facts to be proved, Character of the persons who are concerned with the facts to be proved,
Judicial notice, Facts admitted, Proof of facts other than contents of documents; Proof of
documents including proof of execution of documents and proof of existence, Condition and
contents of documents, Burden of Proof, Presumptions, Competence of a witness, Privilege,
Examination of witness, Impeachment or confirmation of the credit of a witness, Power of the
court in relation to examination of witness, Improper Admission or rejection of Evidence.
Group B (Law of Limitation) -20 marks
Object, Interpretation and Application of the Limitation Act, Waiver of Limitation, Limitation of
suits, Appeals and Application, Computation of Period of Limitation, Grounds of Exemption
from Extension of Period of Limitation and Suspension of Limitation, Acquisition of Ownership
by Possession, Acquisition of Easement Rights, Limitation in Suits from Recovery of Land,
Effect of Fraud and Acknowledgement on Limitation
Books Recommended:
M. Monir, Principle and Digest of the Law of Evidence
Stephen, Introduction to the Law of Evidence
Sarker, Law of Evidence
R. Mitra, Law of Limitation
Mulla, Indian Limitation Act
DLR, The Limitation Act
Basic Statutes:
Evidence Act 1872
Limitation Act 190
LAW 607: Commercial Law
Law of Sale of Goods: Sale and agreement to sell, Formalities of the Contract of Sale, Subject-
matter of Contract, The Price, Conditions and Warranties, Transfer of Property between seller and
73
buyer, Transfer of Title, Delivery of Goods, Right and Lien of unpaid seller against the goods,
Stoppage in Transit, Remedial Measures.
Law of Partnership: Definition and Nature of Partnership, Formation of Partnership, Rights,
Duties and Liabilities of Partners, Dissolution of Partnership
Law of Insurance: Nature and Principles of Insurance, Fundamental Principles, Premium Policy,
Re-insurance, Double insurance, Marine Insurance, Fire Insurance, Life Insurance
Law of Negotiable Instruments: Definition, Characteristics and Types of Negotiable Instruments,
Promissory Notes, Bills and Cheques, Special Provisions Relating to Cheques, Parties to
Negotiable Instruments, Presentation of Negotiable Instruments, Dishonor and Discharge of
Negotiable Instruments
Law of Insolvency: Principles and Objects of the Insolvency Law, Procedure of Insolvency,
Property and Debts of Insolvent, Discharge of Insolvent
Law of Carriage: Contract of carriage, Classification of carriers, Common Carriers, Carriage of
Goods by Land, Carriage of Goods by Sea, Carriage of Goods by Air
Law of Arbitration: General Provisions regarding Arbitration Arbitral Tribunal, Arbitration
Proceedings, Award, Powers of the Courts in respect of Award.
Money Launderings Act: Scope, object of the Act, duties and responsibilities of commercial
banks under the Money Laundering Act.
Books Recommended:
M. C. Kuchhal, Commercial Law
A. C. Sen, Handbook of Mercantile Law
Avtar Singh : Principles of Mercantile Law
Mafizul Islam, Principles of Commercial Law
AM Chowdhury : The Sale of Goods Act
Relevant Statutes published by the Government of Bangladesh
74
Leading Cases:
Moore v Singer manufacturing Co. (1904) 1 KB 820(CA)
Baij Nath v Ram Gopal (1939) AIR Cal 92.
Bamfiled v Goole and Sheffield Transport Co. (1910) 2 KB 94.
Khalilur Rahman v Bijoy Rajan 14 DLR 34
Basic Statutes
Sale of Good Act 1930
Partnership Act 1932
Insurance Ordinance 2008
Negotiable Instruments Act 1881
Insolvency Act 1997
Carriage of Goods by Air Act 1934
Carriage of Goods by Sea Act 1925
Bill of Lading Act 1856
Arbitration Act 2001
Money Laundering Ordinance 2008
LAW 608: Law of Civil Procedure
Scope and Application of the Civil Procedure Code, Structure of the Code, Organization of Civil
Courts in Bangladesh, Jurisdiction of Courts, Inherent power of Courts, Institution of Suits and
proceeding: Place of Suing, Parties to Suits, Service of Summons on Defendant, Recognized
Agents and Advocates, Examination of Parties, Discovery, Admission, Framing of Issues and
Interrogatories, Hearing of Suit, Default of Appearance, Stay of Suits, Res Judicata, Bar to
Further Suits, Execution of Decrees and Orders, Incidental and Supplemental Proceedings,
Special Procedure in particular classes of Suits-Pauper Suits, Inter-pleader suits, Appeals from
decrees and orders, Review, Revision and Reference, Temporary Injunction, Withdrawal and
Adjustment of Suits, Commission, Arrest and Attachment before Judgment, Appointment of
Receiver.
Books Recommended:
D.F. Mulla, The Code of Civil Procedure
75
Mahmudul Islam, The Code of Civil Procedure
C. K. Takwani, Civil Procedure Code
Basic Statute:
Code of Civil Procedure 1908
LAW 609: Law of Crimes
`
Essential elements of Crime, Mens rea, General exemptions from criminal liability, abatement,
Criminal Conspiracy, Offences against the State, Offences against the Public Tranquility,
Offences by or relating to Public Servants, False Evidence and Offences against Public Justice,
Offences relating to Coin and Governments Stamps, Weights and Measures, Offences relating to
the Army, Navy, and Air Force, Offences relating to Religion, Offences relating to Elections,
Offenses Affecting the Human Body, Offences against the Property and other Interests of the
Individual.
Books Recommended:
Lutful Kabir, Lectures on Penal Code
Ratanlal & Dhirajlal, Indian Penal Code
K. D. Gaur, The Indian Penal Code
Zahirul Huq, Penal Code
Basic Statute:
Penal Code 1860
LAW 610: Law of Criminal Procedure
Constitution of Criminal Courts, Powers of Courts, Aid and Information to the Magistrate and the
Police, Arrest, Summons and Warrant, Proclamation and Attachment, Bail, Prevention of
Offences, Investigations and Inquiry, Charge, Trial before Magistrate and Courts of Session,
Summary Trail, Judgment, Suspension, Remission and commutation of Sentence, Previous
Acquittal and Conviction, Appeal Reference and Revision.
76
Books Recommended:
Shawkat Mahmood, The Code of Criminal Procedure
M. M. Nizami, The Code of Criminal Procedure
B. B. Mitra, Criminal Procedure Code
Ratan Lal and Dhiraj Lal, Criminal Procedure Code
Sarkar Ali Akkas, Law of Criminal Procedure
Basic Statute:
Code of Criminal Procedure 1898
LAW 611: Conveyancing and Legal Drafting
Conveyancing and Legal Drafting (Civil): Law and Principles of Drafting and Conveyancing,
Distinction between Deeds and other Documents, Sale of Immovable Property: Essentials of a
sale, How to Prepare a sale Deed, How to Prepare a contract for sale Deed (Bayna Nama).
Mortgage: Essentials of a Mortgage, How to prepare a Mortgage Deed. Lease: Essentials of a
lease, How to prepare a Lease Deed, Exchange of Properties: Essentials of an Exchange, How to
prepare an Exchange Deed, Gift or Hiba: Essentials of a gift or Hiba, How to prepare a Gift or
Hiba Deed. Waqf or Trust: Essentials of a Waqf or Trust, How to prepare a Waqf or Trust deed.
Will or Wasiyat: Essentials of a Will or Wasiyat, How to prepare a Will Deed or Wasiyat Nama.
Power of Attorney: Essential of power of Attorney, How to prepare a power of Attorney. Notice:
Different kinds of Notice, How to prepare different kinds of Notice.
Conveyancing and Legal Drafting (Criminal): First Information Report, General Diary, Bail
Petition, Hajira Petition, Time Petition, Naraji Petition, Memorandum of Appeal, Revision.
Petition under Section 241A of the CrPC, Petition of Complaint, Drafting under section 561
CrPC, Drafting under section 491 CrPC (detention), Drafting under section 526 CrPC, Drafting
under section 528 CrPC,
Books Recommended:
N S Bindra, Law of Conveyancing Practice and Drafting
Mogha, Law of Pleading
77
Murali Monohar, The Art of Conveyancing and Pleading
Hargopal, Indian Draftsman, Guide to Legal Drafting
GM. Kothari, Principles & Precedents of the Law of Conveyancing, Draftsman & Interpretation
of Deeds & Documents
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LLM Preliminary
Introduction:
With a view to contribute to the development of sound and well grounded higher education in
law, the Department of Law of the University offers Master of Laws (LLM) degree for the
students who seek to acquire critical knowledge in contemporary issues and aspects of law and
legal institutions. The objective of LLM program is to provide a broader legal understanding and
academic disciplines. It aims to enable a student to acquire firm understanding of legal principles
and further their legal knowledge in various areas of law.
DURATION OF MASTER OF LAWS (LLM) PROGRAM
78
Master of Laws (LLM) program is divided into two parts: LLM Preliminary and LLM Final.
Duration of each part is one academic year (three semesters). LLM Preliminary part is designed
only for the students who have LLB degree and LLM Final part is designed for the students who
have LLB (Hons) degree as well as for the students who have completed LLM Preliminary part.
ENTRY REQUIREMENT
In order to be admitted in LLM Preliminary part a student must have at least LLB degree from a
recognized university with second class or CGPA 2.5. Candidates seeking admission to LLM
Final part should have: (1) at least LLB (Hons) degree from any recognized university with
second class or CGPA 2.5; or (2) passed LLM Preliminary part with CGPA 2.5.
GRADUATION
To obtain Master of Laws (LLM) degree a student will have to complete all 35 credits prescribed
for LLM Final part with a minimum CGPA of 2.5. If any student fails in any course he/she will
get the opportunity to improve the grade by retaking the same in the subsequent semester.
COURSES OFFERED AND CREDIT HOURS DISTRIBUTION
LLM Preliminary part is constituted with 36 credits and 12 courses for three semesters. LLM
Final part is constituted with 37 credits and 12 courses for three semesters.
COURSES DETAILS
LLM Preliminary
LAW 701: Legal System of Bangladesh
Historical Background of the Legal System: Hindu Period, Muslim Period, British Period and
Modern Period
The structure and functions of Courts in Bangladesh: Supreme Court of Bangladesh, Appellate
Division and High Court of the Supreme Court and their jurisdiction, Subordinate Civil Courts
and Criminal Courts, Courts and Tribunals of Special Jurisdiction, Small Causes Courts,
Conciliation Board, Village Court, Juvenile Court
79
Judicial Procedure: Civil proceedings, Criminal Proceedings, appellate process and the correction
of miscarriages of justice
Personnel of the Law: Chief Justice of Bangladesh, Judges of the Supreme Court, Supreme
Judicial Council, Judicial Officers, Magistrates, Members of the Attorney Service, Legal
Profession
Judiciary and Executive: Judicial Review, Writ Petitions, Injunction, Declarations, Separation of
the Judiciary from the Executive
The various Legal institutions of Bangladesh: The Ministry of Law Justice and Parliamentary
affairs, Office of the Attorney General, Law Commission, Bangladesh Judicial Service
Commission, The Bar Council and Bar Associations, Judicial Administration Training Institution,
Anti-Corruption Commission and Prosecution, Human Rights Commission, Legal and Judicial
Reform Project, Legal Education
Legal Aid in Bangladesh: Legal Aid in Civil Proceedings, Legal Aid in Criminal Proceedings,
Legal Aid by Governmental Bodies, Role of Non-Government Organizations
Books recommended
M P Jain, Outlines of Indian Legal History
V D Kulshreshtha, Landmarks in Indian Legal and Constitutional History
Mahmudul Islam, Constitutional Law of Bangladesh
Azizul Hoque, The Legal System of Bangladesh
A B M Mofizul Islam Patwari, Legal System of Bangladesh
Abdul Halim, Legal System of Bangladesh
Leading Cases:
Anwar Hossain v Bangladesh (1989) BLD (Spl) 1
Secretary, Ministry of Finance v Masder Hossain (2000) 52 DLR (AD) 82
Supreme Court Advocates-on-Record Association v Union of India (1994) AIR (SC) 268
LAW 702: Law of Banking and Securities
Group A (Law of Banking) – 60 Marks
80
Meaning of Banking, Origin of Banking Legislation, Historical Background of Banking
Institutions in Bangladesh, Structure of Commercial Banking System, Relation of Bankers and
Customers, Clearing House, Loan, Advance and Guarantee.
Kinds of Banks: Existing Banks, - Local and Foreign Banks
Activities of Krishi Bank, Grameen Bank, Islamic bank, Bangladesh Shilpa Bank, Cooperative
Banking
Rural and Islamic Banking, Banking Companies and Financial Institutions Laws, Licensing.
Central Bank- Bangladesh Bank, Power and Functions, Inspection, Control and Direction to
Commercial Banks, Restriction on Loans and Advances, Vacation of Offices of Directors,
Powers of Bangladesh Bank to remove Directors and Supersede the Board of Directors,
Acquisition of Banking Companies, Stringent penalty.
Non-banking Financial Intuitions, Artha Rin Adalat Ain 2003, Foreign Exchange Regulation
Act, 1947, Negotiable Instruments Act1881, Banking Companies Act 1991.
Group B (Securities & Exchange Laws) – 40
Definition, Issue of Capital Purchase of Securities, Power to Call for Information, Registration
and Regulation of Stock Exchanges
Investment Bank, Merchant Banker, and Portfolio Manager, Financial Institution Act, Credit
Hypothecation-Maintenance of Secrecy, Prohibitory Orders.
Penalties –Orders –appeals- Civil Liabilities-Revision and Review, Powers and Functions of
Advisory Committee and Delegation of Power
Securities and Exchange Rules 1987, Securities and Exchange Ordinance1969, Security Act
1920.
Books recommended:
Abul Bashar Bhuiyan, Bangladesh Law on Banks and Banking
K. C. Sherkar, The Principle of Banking Law
S A A Shakoor, A Hand Book of Bank Management
Security Exchange Commission, Security and Exchange Law
M. Zahir, Company and Securities Laws
Basic Statutes
Artha Rin Adalat Ain 2003,
81
Foreign Exchange Regulation Act1947
Negotiable Instruments Act 1881
Banking Companies Act 1991
Securities and Exchange Ordinance 1969
Security Act 1920
LAW 703: Government and Politics
Fundamentals Concepts: State, Sovereignty, Law, Liberty, Equity, Fundamental rights;
Individualism, Socialism, Communism, Fascism, Constitutionalism.
Forms of Government: Ancient forms of government, Concept and forms of government in
medieval age, Concept and forms of modern governments, Cabinet and Presidential-Unitary and
Federal systems-Democracy and Authoritarian governments; Present position of Monarchy and
Dictatorial governments, Islamic concepts of state and government.
Organs of Government: The Legislature, Executive and Judiciary-the doctrine of Separation of
Powers-its application in U.S.A, U.K. and Bangladesh.
The Electorate: The Role of Electorate in modern democracy, Direct participation of people in
policy making, Referendum, Universal adult suffrage, Direct and indirect election.
Political Party: The Role of political parties in democracy and in dictatorship, Political party
system in developed and under-developed country, Failure or success of democracy in developing
countries of the world.
Relationship between the economic structure of the state and its Government: Reasons for failure
of democracy in developing countries, Status and justification of military Government with
special reference to Bangladesh.
Books Recommended:
H. J. Laski, The State in Theory and Practice
H. J. Laski, A Grammar of Politics
M. Judd Harmon, Political thought from Plato to the Present
E.I.J. Rosenthal, Political Thought in Medieval Islam
Majid Khadduri, Political Trends in the Arab World
David Spitz (ed), Political Theory and social Change
W.E. Wiloughby, Government of Modern State
H.Finer, Theory and Practice of Modern Government
82
LAW 704: General Clauses Act and Interpretation of Statutes
Group A – 40 Marks
The General Clauses Act, 1897: Objective of the Act, General definition, Application of certain
definitions to all Bangladeshi laws, General rules of construction, Powers and functionaries,
Provisions as to orders, rules, etc. made under enactment, Miscellaneous provisions.
Group B – 60 Marks
Interpretation of Statutes: Definition of statutes, Forms and types of statutes, Difference between
statutes and other laws, Interpretation and construction, Approach to interpretation –necessity of
interpretation, maxims of interpretation, Types of interpretation- historical, grammatical,
teleological, jurisprudential, purposive, sociological, Rules of interpretation- golden rules and
mischief rules, working papers- Comparison between interpretation of statutes, interpretation of
constitution and interpretation of international treaties, some examples of interpretation of
statutes from case laws.
Books recommended:
N S Bindra, General Clause Act
Vidya Dhar Mahajan, General Clause Act
N S Bindra, Interpretation of Statutes
Vepa P Sarathi, Interpretation of Statutes
Shaukat Mahmood and Nadeem Shaukat, Principles of Interpretation of Statutes with General
Clauses Act 1897
Govt. Publication, General Clauses Act 1897
LAW 705: Media and Information Technology Law
Concept and Importance of Media and Information Technology law, Globalization and MIT, ICT,
Media and Information Technology laws in Bangladesh- its future and application,
Characteristics of cyber space and the process which influence law making, Customary laws on
cyber space, Dispute resolution in cyber space, liability in cyber space, Developing legal system
and good moral for the Internet, Intellectual property rights in digital information, Online banking
and e-commerce.
83
Book recommended:
Lloyd, Information Technology Law
Olujoke Akindemowo, Information Technology law in Australia
M.K. Saxena, Information Technology Law: Concepts, Evolution & Enactments
Divya Chansoria, Rajeshwar Ashok Srivastava, Information Technology Act, 2000: A
Conceptual Paradigm Shift In Law
Lee B. Burgunder, Legal Aspects of Managing Technology
Ronald E. Leenes (Editor), Paul De Hert (Editor), Bert-Jaap Koops ( editor), Constitutional
Rights and New Technologies : A Comparative Study
Noel Cox, Technology And Legal Systems
Govt. publication, ICT Policy of Bangladesh
Indian Cyber Space Law
UNESCO, The Law of Cyber Space.
Basic Statute
Information and Communication Technology Act 2006 (In Bangla)
LAW 706: Criminology
Criminology and Criminal Law, Perspectives and methods in Criminology, Physical,
Physiological and Racial factors and crime, psychological theories of criminal behavior, social
and religious institutions of crime, Causes of crime-viewing the problem as a whole, Theories of
Punishment.
The nature of Punishment and the Penal system, the treatment of criminals-Borstal, the
Approved Schools, Probation, Detention before trial, Parole, Juvenile Court, Criminal Courts,
Prison training, Concept of open prisons, Prevention of Crime and delinquency. Police System in
Bangladesh
Books Recommended:
Sutherland and Cressey, Principles of Criminology
Donald R. Taft, Criminology
Ahmed Siddique, Criminology
N.V. Paranjapee, Criminology and Penology
84
LAW 707: International Trade Law
Introduction: basic idea about international trade; International trade term; INCO Terms in the
Law of International Trade
International Sale Contract: Nature of goods; Property and title, Possession and Delivery; Risk
and Frustration; Contents of Contract; Performance and Remedies; CIF Contract - obligation of
the seller, duties of the buyer & duties of the seller; FOB Contract – duties and obligation of the
parties; AFS Contract; Other forms of contract in international trade; UN Convention on Contract
for the International Sale of Goods -1980
Financing of International Trade: Bill of exchange, documentary bills, documentary credits,
standby credits, performance bond and guarantees, export credit guarantee, other methods of
financing; Transnational credit agreement; Letter of credit - issuing bank and corresponding
Bank; Contemporary issues in the area of international banking and finance law.
Carriage of Goods by Sea: Brussels Convention 1924 (Hague Rules), Brussels Rules (Visby
Rules), UN Convention 1978 (Hamburg Rules), Bill of Lading Types and functions Charter party
– Essential Terms & Conditions, General carriage and Charter Party.
Insurance against contract in international trade: Formulation of Marine Insurance Contract
Insurable interest – Losses
GATT / WTO: Globalization of International Trade, Conflict of Laws, Dispute Settlement
Mechanism of WTO
Arbitration: Theory and Institutional Structure of Arbitrations, Mechanism for sitting
International Trade disputes problem of Sovereign Immunity and enforcement of Awards.
Books Recommended:
Avtar Singh, Law of Carriage
Carver, Carriage by Sea
Janette Charley, International Trade Law
Pamela Sellman, Law of International Trade
Payne & Ivamy, Carriage of Gods by Sea
Rafiqul Islam, Comments on International Trade Law
S. C. Chhua, International Trade Law
Templeman, International Trade Law
Thomas Edward Scrutton, Charter parties and Bills of Lading
85
LAW 708: International Human Rights Law
Conceptual background, Origin and Development of Human rights: Human rights and
fundamental rights; Different generations of Human Rights: First generation, second generation
and third generation of rights; International human rights instruments: United Nations Charter;
Universal Declaration of Human Rights, 1948; International Covenant on Civil and Political
Rights, 1966; International Convenient on Economic, Social Cultural Rights, 1966; Regional
human rights instruments, European Convention on Human Rights and Fundamental Freedoms;
European Social Charter; American Declaration of the Rights and Duties of Man; American
Convention of Human Rights; African Charter on Human and People's Rights; Special human
rights instruments: Convention on the Elimination of All Forms of Discrimination on Women
(CEDAW); Child Rights Convention (CRC); Vienna Declaration; Human rights in armed
conflict; Human rights situation in Bangladesh: Women, children, media, police, environment,
minority, indigenous people etc.; Human Rights Commission of Bangladesh.
Books Recommended:
Brownlie, Basic Documents on Human Rights
M. Ganji, International Protection of Human Rights
J. A. Joyce, The New Politics of Human Rights
H. Lauterpacht, International Law and Human Rights
M. Mosiowitz, International Concern with Human Rights
B Ramcharan (ed), Human Rights: Thirty Years after Universal Declaration
Abdul Aziz Said (ed), Human Rights and World Orders.
Puaul S Siegharts, The International Law of Human Rights
M. Zamir Human Rights Issues and International Law.
LAW 709: Private International Law
86
Definition, Nature and Scope of Private International Law, Importance of the study of Private
International Law, Historical Development and Modern Theories of Private International Law,
Consecutive stages in an action involving a conflict of law, Jurisdiction of Court, Proof of
Foreign Law, Domicile, Contracts, Torts, Recognition of Foreign Marriages and Divorces,
Husband, Wife, Legitimacy, Legitimation and Adoption, Infancy and Mental disorder,
Distinction movable and immovable property, Law of movables and immovable, Foreign
Judgments, Procedure.
Books Recommended:
Beale, The Conflict of Laws
Chesire, Private International Law
R.H. Graveson, Conflict of Laws
Morris, Private International Law
Paras Diwan, Private International Law
Wolff, Private International Law.
LAW 710: Intellectual Property Law
The Concept of Intellectual Property, Origin and Development of Copyright Law, Rights
protected by Copyright, Copyright Infringement and Remedies, Industrial Property, Patent and
duration of Patent, Infringement and Remedies, Definition of Trademarks, Functions of
Trademarks, Acquisition of Trademark Rights, Infringement of Trademarks; Industrial Design;
Role and Contribution of Intellectual Property; International Co-operation in Intellectual
Property, World Intellectual Property Organization, Paris Convention for the Protection of
Intellectual Property and other Conventions; Intellectual Property Litigation, New Development
in Intellectual Property with special emphasis on Bangladesh, Computer Programs, Integrated
Circuits, Reprography, Broadcasting Innovations.
Books Recommended:
P. Narayan, Law of Intellectual Property
Utshell, Law of Intellectual Property
WIPO Publications
Basic Statutes
87
Patent and Designs Act 1911
Copy Right Act 2000
Trade Mark Ordinance 2008
LAW 711: Environmental law
General Issues: Origin of Environmental Movement, Historical background of the development
of modern idea of international environmentalism current international environmental issues,
Theoretical issues and philosophical underpinnings of environmentalism, Reasons for the
development of environmental law.
International Environmental Legal Issues: International Environmental law – Definition nature
scope and sources of international environmental laws, Traditional international law, Sources like
convention, treaties, customs, decisions of the international court of justice, Soft law sources like
declarations, Non legally finding principles etc., Nature of international environmental problems,
Principles of international environmental law, Scope for the development of new international
environmental law sources.
International Developments: Stockholm Declaration of 1972 – its contents, legal principles,
importance and effects in the development of international environmental laws- Brundtland
Commission Report, World Commission on environment and development issue of sustainable
development, Declaration of the Hague – United Nation Conference of Environment and
Development (UNCED) – Rio Declaration and other UNCED texts, Agenda 21- Principles for a
Global consensus on the management, Conservation and Sustainable Development of all types of
forest, the United Nations Framework Convention on Climate Change 1992, Importance of these
instruments and their effects in the development of international environmental laws, Koyto
Protocol and its importance for environment. Montreal Protocol 1987, Vienna convention in the
perfection of the Ozone Layer 1990.
Global Organization for Environment: Role of UNO – General Assembly, United Nations
Environmental Programme (UNEP) – its organization- function – activities in the development of
international environmental law – United Nations Specialized Agencies involved in the
development of environmental law – FAO, ILO,UNESCO, WHO, WMO etc.
Role of different Regional Organizations in the protection of Regional Environment: The United
Nations Economic Commission for Europe, Council of Europe, Organization of Economic Co-
operation and Development, European Communities, Organization of American States
Organization of American Unity, South Pacific Regional Organizations.
88
Environmental Law of Bangladesh: Major Domestic Environmental problems of Bangladesh,
Development of Environmental Laws in Bangladesh in Different Phases. Overview of the
Domestic Environmental Legal Framework of Bangladesh, Sources of Environmental Law,
Features of the Domestic Regulatory Regimes on the Environment of Bangladesh, Domestic
Environmental Law and Policy-making Process of Bangladesh, Sectoral Laws and Policies
Relating to Environment of Bangladesh, Pollution (Air, Water, Sound) related Laws and Policies
of Bangladesh, Waste Disposal related Laws and Policies of Bangladesh, Forestry related Laws
and Policies of Bangladesh, Biodiversity, Conservation related Laws and Policies of Bangladesh,
other Sectoral Laws and Policies.
Environmental Conservation Act 1995, Environmental Court Act, 2000: Powers, Functions and
Procedures of the Environmental Court, Effectiveness of Environmental Court, Enforcement of
Environmental Laws. Public Interest Litigation, Its Role in the Protection and Conservation of
Environment in Bangladesh. Institutional Issues: Role of Governmental and Non-governmental
Organizations in the Protection and Conservation of Environment: Ministry of Environment and
Forest ( MoFF), Department of Environment (DoE), Department of Forest (DoF), Bangladesh
Environmental Lawyers Association (BELA) and other environmental NGOs. Issue of Inter-
agency Co-ordination.
Books Recommended:
1. Alexandre Kiss and Disah Shelton, International Environmental Law
W. Lang, H. Nehold and K. Zemanek (eds), Environmental Protection and International Law
Atiq Rahman, Raana Haider, Eirik G. Janses (ed), Environment and Development in Bangladesh
Mohiuddin Farooque & S Rizwana Hasan, Law Regulating Environment in Bangladesh
Jona Razzaque, Public Interest Environmental Litigation in India, Pakistan and Bangladesh
Basic Statutes
Bangladesh Environment Court Act 2000
Bangladesh Environmental Conservation Act 1995
Brick Cline (Control) Act 1992
Building Construction Act 1952
Building Construction Rules 1996
Field, Open Space, Garden and Natural Water Bodies Protection Act 2000
Forest Act 1925
Private Forest Ordinance 1959
89
LAW 712: Legal Research Methodology and Effective Writing
Context of Legal research, legal language and legal writing methodologies of legal research
design and structure of research, reference style, finding sources of legal research structure and
interpretation of statutes empirical tools: case studies, questionnaire survey and interviewing
sampling and analysis of data, critical and forms of legal reasoning.
Introduction to Legal Research, Objectives of research, Importance and Scope of Research in
Law, Types of Research, Tools and Methodologies of Research, Meaning of research, objectives
of research, Process of legal research, Case Law Research, Legislative Research, Observation,
Social Survey; Sampling, Questionnaire, Rules of Citation, Report writing
Book Reference:
H N Tewari, Legal Research Methodology
Indian Law Institute, Legal Research
Bonita, Roberts & Linda, Legal Research Guide: Patterns and Practice, Contemporary Legal
Education Series
Marjorie D Rombauer, Legal Problem Solving Analysis, Research and Writing
Myneni, Legal Research Methodology
Jacobstein, Mersky and Dunn, Fundamentals of Legal Research
Kunz and others, The Process of Legal Research
Olson, Legal Information: How to Find It, How to Use It
Cohen and Olson, Legal Research in a Nutshell
C R Kothari, Research Methodology
Gretrude Block, Effective Legal Writing
Alan L Drowsy, The Little Book on Legal Writing
Dr. M Zainul Abedin. A Handbook of Research 2nd ed. 2005 Dhaka.
Copyright © Daffodil International University
90
Department of Law
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LLM Final
LAW 801: Judiciary in Bangladesh
Historical Background of the Legal System: Hindu Period, Muslim Period, British Period and
Modern Period
The structure and functions of Courts in Bangladesh: Supreme Court of Bangladesh, Appellate
Division and High Court of the Supreme Court and their jurisdiction, Subordinate Civil Courts
and Criminal Courts, Courts and Tribunals of Special Jurisdiction, Small Causes Courts,
Conciliation Board, Village Court, Juvenile Court
Judicial Procedure: Civil proceedings, Criminal Proceedings, appellate process and the correction
of miscarriages of justice
Personnel of the Law: Chief Justice of Bangladesh, Judges of the Supreme Court, Supreme
Judicial Council, Judicial Officers, Magistrates, Members of the Attorney Service, Legal
Profession
Judiciary and Executive: Judicial Review, Writ Petitions, Injunction, Declarations, Separation of
the Judiciary from the Executive
The various Legal institutions of Bangladesh: The Ministry of Law Justice and Parliamentary
affairs, Office of the Attorney General, Law Commission, Bangladesh Judicial Service
91
Commission,The Bar Council and Bar Associations, Judicial Administration Training Institution,
Anti-Corruption Commission and Prosecution, Human Rights Commission, Legal and Judicial
Reform Project, Legal Education
Legal Aid in Bangladesh: Legal Aid in Civil Proceedings, Legal Aid in Criminal Proceedings,
Legal Aid by Governmental Bodies, Role of Non-Government Organizations
Books recommended
M P Jain, Outlines of Indian Legal History
V D Kulshreshtha, Landmarks in Indian Legal and Constitutional History
Mahmudul Islam, Constitutional Law of Bangladesh
Azizul Hoque, The Legal System of Bangladesh
A B M Mofizul Islam Patwari, Legal System of Bangladesh
Abdul Halim, Legal System of Bangladesh
Leading Cases:
Anwar Hossain v Bangladesh (1989) BLD (Spl) 1
Secretary, Ministry of Finance v Masder Hossain (2000) 52 DLR (AD) 82
Supreme Court Advocates-on-Record Association v Union of India (1994) AIR (SC) 268
LAW 802: Laws on Good Governance
Introduction: Concept of Good Governance, Basic Tenants of Good Governance – Transparency,
Accountability, Participation, Rule of Law, Decentralization, Fair and Independent Judiciary,
Challenges of Good Governance in Bangladesh
Transparency and Accountability: Concept of Transparency and Accountability, Mechanisms of
Transparency and Accountability, Bureaucratic and Political Transparency and Accountability,
Right to Information, Concept of Free Press vs Legislative Limitations, Counter Measure for
Transparency and Accountability
Participation: Concept of Participation (Gender Based Participation and Marginalized People
Participation); Gender Based Participation – Participation in Political Sector, Participation
Development Sector, Policy and Legal Framework of Gender Participation, Judicial Trends,
92
Marginalized People Participation in Political Sector, Participation Development Sector, Policy
and Legal Framework of Gender Participation, Judicial Trends
Rule of Law: Component of Rule of aw, Rule of Law and Good Governance
Fair and Independent Judiciary: Concept of Fair and Independent Judiciary, Components of
Independent Judiciary, Role of Independent Judiciary in God Governance
Civil Society: Concept of Civil Society in Modern Context, Role of Civil Society in Good
Governance, Democratization Process and Civil Society in Bangladesh
Good Governance vs Corruption: Counter Corruption Legal Framework in Bangladesh, Judicial
Process to Combat Corruption, Impact of Corruption in Enforcement of Rule of Law and fair
Justice. Neutrality in Administration, Bureaucracy, Accountability of Political Parties.
Books Recommended:
Madhav Godbole, Public Accountability and Transparency: The Imperatives of Good
Governance
A. Talib, Younis and Iqbal Md. Mostafa, Accountability in Public Management and
Administration in Bangladesh
G. Alfredsson and H. O. Sano Edie (eds), Human Rights and Good Governance
L. C. Reif, The Ombudsman, Good Governance and the International Human Rights System
R. W. Ennis, Accountability in Government Departments, Public Corporations and Public
Companies: An Introduction
D. Woodhouse, Ministers and Parliaments: Accountability in Theory and Practice
Sarkar Ali Akkas, Independence and Accountability of Judiciary
Relevant Statutes
Anti-corruption Commission Act 2004
Right To Information Ordinance 2008
Human Rights Commission Ordinance 2008
Leading Cases
Anwar Hossain v Bangladesh (1989) BLD (Spl) 1
Engr. Mahmud-Ul Islam v Bangladesh (2003) 55 DLR 171
Secretary, Ministry of Finance v Masder Hossain (2000) 52 DLR (AD) 82
LAW 803: Principles of Civil Litigation
93
Introduction: Nature of Civil Procedure, System of Trial and Procedure in Bangladesh, Minimum
requirements for Procedural Rules, Definition of Litigation, Distinction between Civil & Criminal
Litigation and Procedure, Effect of difference between Civil and Criminal Procedure.
Nature of Civil Litigation: Legal aspects, Non-justifiable disputes or questions, character of
litigable disputes, Summary disposal non-litigable disputes, Preventive justice, Special and
economic aspects, Social pressures against litigation, Social interest in litigation.
Civil Courts in Bangladesh: Existing structure & jurisdiction, Problems & shortcomings,
Suggestions for amendment.
Pre-trial procedure in civil suits: Commencement of proceedings, Parties, Cause of action, Claim
and counter claim, Inter-pleader, Discovery and interrogatories, Commissions, Local inquiry and
investigation, Interlocutory matters, Framing of issues, Adjournments, Preparation of a case,
Control by the court over proceedings, presentation of the case, sufficiency & efficiency of
existing laws; suggestion for amendment.
Post Trial Stage: Appeals and execution, Procedure for appeal review, Remand and revision,
Organisation and jurisdiction, Enforcement of Judgements, Limits of jurisdiction for executing
court, Restitution, Simplification of the procedure, Legal aid.
Costs & delay: Causes, effects, possible way-out.
Suits in Particular Cases: Special procedures.
Suits by or against Government Officials: Aliens, Foreign rulers and envoys, Minors, Persons of
unsound mind, Representative suits and Pauper suits.
Remedies in Civil Litigation: Declaration, Recovery of money, Recovery of possession,
Rectification, Cancellation of documents, Specific performance, Injunctions, Arrest, Detention
and imprisonment, Attachment and sale.
Alternative Dispute Resolution: Meaning, Forms, Historical development, Advantages,
Disadvantages and strategies, Existing laws & principles, Problems & prospects.
Civil Litigation before Tribunals: Nature and jurisdiction of statutory tribunals, Procedure before
tribunals, Advantages, disadvantages and limitations of tribunal trial, Structure & jurisdiction of
existing tribunals of Bangladesh.
Role of Judges and Lawyers in the Process of Adjudication: Legal profession, legal education,
Public participation in the process of administration of civil justice.
Books Recommended
C. K. Takwani, Law of Civil Procedure
94
D. F. Mulla, Code of Civil Procedure
Rafiqur Rahman, Civil Litigation in Bangladesh
Government of Bangladesh, Civil Rules and Orders
Government of Bangladesh, Civil Suits Instruction Manual
Government of Bangladesh, Civil Procedure Code 1908.
LAW 804: Comparative Law
Definition, Nature and Scope of Comparative law, Utility of Comparative Law, Classification of
Comparative law, Process of Comparison, Major Legal Systems of the World - Civil Law
System, Common Law System, Islamic and Hindu Legal System, Socialist Concept of Law,
African Legal System, Far Eastern Legal System, Comparative Sources of Law, Comparative
Court System, Unification of Law, Globalization and New World Order.
Books Recommended:
H. P. Gupta, Comparative Law
H.L. Khanna, Comparative Law
Konrad Zweigert and Hein Kotz, An Introduction to Comparative Law
Rene David, Major Legal Systems of the World
Rudolf B. Schlesinger, Comparative Law Cases- Text –Materials
Leading cases:
Repean v Doe (1837) 2 M & 7894: 9B & AD 86
McMillian v Canadian Northern Railway (1923) 92 LJPC 44
Barris v Jautor (1915) 84 LJK 3
LAW 805: Muslim Law of Succession
Origin of the Muslim Law of succession, Conditions of and Obstacle to inheritance, Heirs and
their classes, Distinctive Features as applied in Sunni and Shia School, Legal approaches to
Umariyyatan and Minbariyya, the Principle of Radd and its application, Lucky and Unlucky
kinsman, Accompanying residuary, Al Himariya and its jurisprudential aspect, Grandfather and
Collaterals in competition, doctrine of Abu Baker, Ali and Zaid, Muadda Rule, Al- Malikiya,
95
Shib-al-malikiya, Al Muktasara, Al-Akdariyya, Dual relationship, Reforms on the law of intestate
succession relating to orphaned grandchildren, Obligatory bequest-its impact, Mufte system, Aby
Zahara's system, Statutory effects on the law succession in Bangladesh, Pakistan, African
countries and in Middle East, Law of Marriage, Divorce, Legitimacy, Bequest and Gift so far as
they are relevant to succession according to schools and sects, Limits of testamentary power,
Succession Act 1925 and its relevance to the Muslim Law of Succession.
Books Recommended:
A. A. A. Fyzee, Outlines of Mohammedan Law
Alamgir Muhammad Sirajuddin, Shari’a Law and Society: Tradition and Change in South Asia.
B. R. Verma, Islamic Law: Being a Commentary on Mohamedan Law
D. F. Mulla, Principles of Mohammadan Law
F. B. Tyabji, Principles of Muhammadan Law
J. N. D. Anderson, Islamic Law in the Modern World
J. N. D. Anderson, Law Reforms in the Muslim World
N. J. Coulson, Succession in the Muslim Family
Shaukat Mahmood, Muslim Family Laws Ordinance 1961
Tahir Mahmood, Muslim Personal Law: The Muslim Law of India
Leading Cases:
Beguman v Saroo (1964) PLD (Lah) 451.
Khurshid Bibi v Mohammad Amin (1967) PLD (SC) 97
Rahamatullah v Maqsood Ahmad (1950) ILR 713
Farid Mangooran (1990) PLD (SC) 511
Sheikh Ibrahim v Nazma Begum 44 DLR (AD) (1992) 276
LAW 806: Law of the Sea
Nature, Scope and Historical Development of the Law of the Sea, Baselines, Internal waters,
Territorial sea, Strait, Archipelagos, Contiguous Zone, Continental Shelf, Exclusive Economic
Zone, High Seas, International Sea Bed Area, Authority and its different organs, Navigation,
Fishing, Marine Pollution, Scientific Research and Transfer of Technology, Military Used of the
Sea, Landlocked and Geographically Disadvantaged States, Settlement of Disputes, Delimitation
of Maritime Boundaries between Opposite and Adjacent States, Bangladesh, India and Burma-
their approaches to delimitation.
96
Books Recommended:
Colombos, International Law of the Sea
Clive Simons, maritime Zones of Islands in International Law
M Habibur Rahman, Delimitation of Maritime Boundaries
International Instruments:
International Convention on the Law of the Sea 1982
Leading Cases:
Anglo Norwegian Fisheries Case (1951)
Fisheries Jurisdiction Case (1974)
North Sea Continental Shelf case (1969)
LAW 807: Law of International Organizations
Introduction: Origin, Development, Characteristics, Nature and Importance of International
Organizations.
International Law and Law of International Organizations: Legal basis of formation of an
international legal person, International organization as an international legal person, Organic
structure of international organization, Membership of the organizations, Decision-making by the
organizations.
History of International Organizations: Organizations of ancient time, Rise of modern
international organizations, League of Nations and its failure.
The United Nations: Formation and objectives of the United Nations, Principal organs of the
United Nations, the UN system, Problems of the United Nations and its future.
Specialized Agencies of the United Nation: Nature of Specialized Agencies, their relationships
with the UN, Formation and functions of different specialized agencies.
Regional Organizations: General characteristics, Objectives and functions of the regional
organizations, Classification of these organizations.
Organizations of African Unity (now African Union), Arab League, Organization of American
States, South Asian Association for Regional Cooperation (SAARC), Association of the South
97
East Asian Nations (ASEAN), European Economic Community (EEC), Council of Mutual
Economic Assistance (COMECON), North Atlantic Treaty Organization (NATO),
Commonwealth, OPEC, WTO, and NAM.
Books Recommended:
D. W. Bowett, The Law of International Institutions
Chariston, K S, The Process of International Arbitration
Welfrad Jeas, Law of International organizations
H. Biggs, Power Politics and International Organizations
LAW 808: Comparative Constitutional Law
Definition, Nature, Scope and Importance of the study of Comparative Constitutional Law,
Definition and Characteristics of Unitary, Federal and Confederal systems of government,
Allocation of governmental powers in a Federal system vis-a-vis state/provincial governments;
Doctrine of Separation of Power.
Historical and Constitutional Developments of the Legislative, Executive and Judicial Institutions
in the Indian sub-continent, Structures and Forms of Constitution and governments of the sub-
continental countries.
Comparative study of the classification and different structures and forms of constitutions of
USA, UK, France, Canada, Australia, Switzerland, India, Pakistan and Bangladesh.
Supremacy of Constitution, Parliamentary Sovereignty, Ministerial Responsibility,
Constitutional positions of the heads of the state and Heads of the government.
Classification and Characteristics of Fundamental Rights, Comparative study of these rights
under different constitutions, and constitutionals provision as to enforcement of these Rights.
Civil and Common Law system of Adjudication, Rule of Law and Droit Administrative, Doctrine
of Judicial Review, Independence of Judiciary and its enforcement.
Procedure and powers of amendments under various constitutions, Amendment of fundamental
rights provision, Basic Structure Doctrine.
98
Books Recommended:
A.K.M. Shamsul Huda, The Constitution of Bangladesh
A. C. Kapur, Select Constitution
Calin Turpin, British Government and the Constitution
J. W. Garner, Government of United States
K. L. Wheave, Modern Constitution
Mahendra Sing, Comparative Constitutional Law
Mahmudul Islam, Constitutional Law of Bangladesh
O. Hood and Philips, Constitutional Law and Administration
V. D. Mahajan, Constitutional Law of India
Constitution & Legal Instruments.
LAW 809: International Migration and Refugee Law
Concept of Migration: Definition, origin, historical and conceptual background, development,
present global trend, causes and consequences.
Different types of Migration: Internal and international migration, permanent and temporary
migration, documented and undocumented migration. Causes and consequences of forced
migration, Internal displacement- Ethnic Cleansing-Impact of voluntary migration- migrants
provision regarding Asylum.
Department of Law
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99
Course
Course Code
Course Title
Credit Hour
Year
ENG 101
English – I (Language Composition)
3.00
1st Year
MIS 101
Introduction to Computers
2.00
LLB 101
Legal System of Bangladesh
3.00
LLB 102
Legal History
3.00
ENG 102
100
English – II (Communication Skill Development)
3.00
BUS 101
Introduction to Business
2.00
LLB 111
Jurisprudence & Theory of Law
3.00
LLB 112
Constitutional Law of Bangladesh
3.00
ENG 103
English – III
3.00
ECO 101
Introduction to Economics
2.00
LLB 121
Law of Contract & Torts
3.00
LLB 122
Muslim Law
3.00
GED 100
Debating
1.0
101
LLB 201
Government and Politics
3.00
2nd Year
LLB 202
Law of Equity & Trust
3.00
LLB 203
Hindu Law & Roman Law
3.00
LLB 204
Law of Transfer of Property
3.00
LLB 205
General Clauses Act and Interpretation of Statutes
3.00
102
GED 305
Bangladesh Studies
3.00
LLB 211
Criminology
3.00
LLB 212
Labour & Industrial Law
3.00
LLB 221
Law of Criminal Procedure
3.00
LLB 222
Land Laws of Bangladesh
3.00
LLB 223
Public Demand Recovery Act.
2.00
LLB 301
Law of Crimes
3.00
GED 100
Debating
1.0
LLB 302
Company Law
103
3.00
3rd Year
LLB 303
Specific Relief Act.
2.00
LLB 311
Civil Procedure Code
4.00
LLB 312
Administrative Law
3.00
LLB 313
Public International Law
4.00
BUS 308
Legal Aspects of Marketing
3.00
LLB 321
Law of Partnership
2.00
LLB 322
104
Law of Evidence & Registration
3.00
LLB 323
Law of Limitation
2.00
LLB 324
Law of Agency & Bailment
2.00
LLB 325
Constitution of USA & UK
3.0
LLB 402
International Human Rights Law
3.00
GED 100
Debating
1.0
LLB 403
Fiscal Law
3.00
105
4th Year
LLB 404
Intellectual Property Law
3.00
LLB 411
Environmental Law
3.00
LLB 412
Media and Information Technology Law
3.00
LLB 413
Law of Banking and Bankruptcy
3.00
LLB 331
Banking and Securities Laws
3.00
LLB 414
Dispute Resolution
2.00
LLB421
Maritime & Shipping Law
3.00
LLB 421
Legal Profession and Professional Ethics
1.00
106
LLB 422
Conveyancing and Legal Drafting (Civil)
2.00
LLB 423
Conveyancing and Legal Drafting (Criminal)
2.00
LLB 424
Trial and Advocacy Training (Civil)
2.00
LLB 425
Trial and Advocacy Training (Criminal)
2.00
LLB 426
Research Project or Thesis
3.00
GED 100
Debating
1.0
Note: Each class instructor will take assignment and viva voce for each course.
Course Details
107
ENG 101: English – I (Language Composition):
Introduction to Language and Writing Skills; Anatomy of Sentences; Types of Sentences; Tense,
Voice, Use of Verbs, Nouns, Pronouns, and Prepositions-, Use of Modifiers and Connectives;
Parallel Structure, Punctuation, Paragraphing, sectioning and Summarizing; Comprehension;
Essential Elements of Good Writing; Developing a good writing style; Spoken Words skills;
Developing good speaking style, listening and vocabulary learning.
MIS 101: Introduction to Computers:
Introduction to the terminology and use of computers in organizations, including hardware and
software technology, business data processing, distributed processing and networking. Character
manipulations and Files; Use of DOS, database, and major software packages for business.
Algorithm Design and Program development.
BUS 101: Introduction to Business:
Business Concepts; Basic elements of Business, Basic features of business, Business
Organization; Forms of Business ownership, Formalities and Distinguishing features of each
form of ownership, Development of Joint-Stock Companies in Bangladesh, State Enterprises,
Business Combination, Co-operative Societies in Bangladesh, Institutions for Promotion of
Business, Trade Practices in Bangladesh. Introduction to the functional and support areas of
business: Marketing, production, finance, human resource, accounting,- Issues in environment:
Govt., society, ethics, and globalization.
Books Recommended:
Skinner and Ivancevich, Business: For the 21st Century, Irwin.
Straub and Attner, Introduction to Business.
ECO 101: Introduction to Economics:
Definition of Economics Basic concepts of Scarcity, Opportunity Cost, Production Possibility
Frontier, Concepts of Demand and Supply, Application of concepts of Demand and Supply,
Concepts of Cost and Revenue. Market Structure, Perfect Competition, Monopoly, Monopolistic
Competition, Oligopoly, Factor Markets. Relationship between Law and Economics.
108
Books Recommended
Samuelson, P.A and W. Nordhaus, Economics
LL.B 101 : Legal System of Bangladesh
Evolution of the Supreme Court of Bangladesh
Administration of justice in British India
High Court Division’s power to issue writs
Status of the Supreme Court under the Constitution of Bangladesh.
The structure and functions of Courts in Bangladesh
The Supreme Court of Bangladesh
Subordinate Court under General Hierarchy
Tribunals and Special Courts
Judges and the judicial task.
The criminal justice process.
The civil justice process.
The appellate process and the correction of miscarriages of justice.
The judiciary and the executive.
The various Legal institutions of Bangladesh:
The Ministry of Law Justice and Parliamentary affairs.
Office of the Attorney General.
Law Commission.
The Bar Council and Bar Associations
Judicial Officers Training Academy.
Administrative Training Institute
Anti-Corruption Commission and Prosecution.
Legal and Judicial Reform Project
Legal Education
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Books Recommended:
Legal System of Bangladesh by Barrister Abdul Halim
Legal System of Bangladesh by Azizul Haque
Legal System of Bangladesh A B M Mofizul Islam Patwary
LL.B 102 : Legal History
Historical Background:
Administration of justice in the Indian subcontinent (1204-1947)
Hindu period: Judicial system up to 1204 AD.
Muslim Period: Judicial system in medieval India (1204-1857)
Administration of justice under the rule of the East India Company (1612-1857)
Constitutional history of India from 1857-1947
History of law making authority in the Indian subcontinent (1600---)
Colonial period (1600-1947)
Pakistani period (1947-1971)
Bangladesh period (1971---)
Books recommended:
Outlines of Legal History by M. P. Jain
Landmarks in Indian Legal and Constitutional History by V. D. Kulshrestha
LL.B 111:Jurisprudence and Theory of Law:
Definition of Jurisprudence, Schools of Jurisprudence, Definition and Division of Law, Growth
of Law, Sources of Law, Outline of Private Law, Outlines of Public Law, Constitutional Law,
Administrative Law and Criminal Law, Administration of Justice, Substantive and Adjective
Law, Civil and Criminal Procedure, Outlines of Private and Public International Law, Analysis of
Legal Concepts, Conduct, Events, Things, Duties, Rights, Persons, Possession and Ownship,
Family and Succession Obligation.
110
ENG 102: English – II (Communication Skill Development)
This is a continuation of ENG 101 and addresses the techniques of effective communication in
English. It emphasizes on analytical reading and writing, techniques of effective speaking and
listening at interpersonal and organizational settings. The objective is to develop the skills of
students at TOEFL standard. Formulaic expression, speaking tasks and other aspects of Speaking,
Listening, Reading and Writing.
LL.B 112: Constitutional Law of Bangladesh
Introduction- Constitutional History of Bangladesh, Conception and elements of state, Definition,
Scope and Nature of Constitutional Law-Contents and classification of constitutions.
General Theories of Constitution-classification of constitutions, Supremacy of the constitutions,
Conventions of the Constitution, Ministerial responsibilities-Sovereignty of Parliament, Theory
of Separation of Powers-Rule of Law compared with Administrative judiciary.
Fundamental Principles of state Policy and their purposes-Fundamental Rights-nature and
analysis of the rights-modification of the rights in respect of disciplinary law-saving certain
clauses.
The executive-Presidential and Parliamentary form of Govt. The Prime Minister and the cabinet-
President and his powers and functions-council of Ministers-Power of dissolution of Parliament-
Local Government-defense services, the Attorney General.
The Legislature composition and functions of Parliament Privileges and immunities of Parliament
legislative and financial procedure delegated legislation ordinances.
Unconstitutional Legislation Ministerial responsibility Parliamentary Severeignty.
The Judiciary Organization, Jurisdiction and powers of the Supreme Court and its Divisions
Superintendence and control over power courts separation of power independence of Judiciary
Administrative tribunals.
Elections-establishment and functions of Election Commission-validity of election and the law
relating to election.
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The Services of Bangladesh, establishment of Public Service Commission and Judicial Service
Commission and their function.
Amendment procedure of the Constitution-transitional and temporary provision – repeals-
interpretations.
Books Recommended
Dicey A.V. : Law of the Constitution
Hood Philips: Constitutional Law and Administrative Law Leading Cases in Constitutional Law
Mahmudul Islam: Constitution Law of Bangladesh
LL.B 121: Law of Contract & Torts
Law of Contract: Definition and Meaning of Contract-Making of an agreement: Offer and
acceptance, Promise, Contract, Essentials of Valid Contract, Valid, Void and Voidable Contracts,
Capacity of Parties-contract by minor, free consent in a contract- its meaning and implication;
correction, undure influences-fraud-misrepresentation-mistake; doctrine of consideration-legality
of consideration; legality of the object of a contract; Contract which are declared void by the act
contingent contracts and wagering contracts, Quasi-1 Contracts, Termination and discharge of
Contract by performance, by refusal or breech-by agreement-by impossibility, Remedies for
breach of contract. Some Specific Classes of Contract- Indemnity and Guarantee, Bailment,
Agency.
Law of Torts: Definition and Nature of Tort, Conditions, Liability, Absolute Liability, Mensrea,
Negligence, Exemptions, Immunities, Joint Wrongdoers, Vicarious Liability, Devolutions of
Right and Liability, Trespass, dispossession, Nuisance, Injuries to Servitudes, Conversion and
other Injuries to Chattels.
Injuries to persons, Injuries to domestic relations, Defamation Intimidation, Deciet and Injurious
Falsehood, Liability for dangerous property, Wrongful process of law, wrongful confinement and
malicious prosecution
Remedies in Tort: Specific restitution, Injunction, Damages.
112
Law of Contract:
Books Recommended
D.F. Mullah: Indian Contract Act and Specific Relief Act.
Sir Frederic Pollock: Law of Contract.
Pollock: Principles of Contract.
Law of Torts
Books Recommended
Salmond: Law of Tort
P.H. Winfield: Text book or the law of Tort
H. Street: Law of Tort.
LL.B 122: Muslim Law
Pre-Islamic Arabian Customs and their influence on Islamic Law, Concept of Law in Islamic
Jurisprudence, Meaning of Sharia, Sources of Muslim Law, Different Schools of Muslim law and
Reasons for their development, Introduction and application of Muslim Law under British rule in
India, Subsequent statutory reforms (1947 – 1985),
Laws relating to Marriage, Dower, Divorce, Guardianship, Maintenance, Legitimacy and
Paternity, Wakf, Pre-emption, Gift, Will and Marz-Ul-Maut, Administration of estate of a
deceased Muslim, and Inheritance under Hanafi and Shia School.
Books Recommended
Baillie: Digest of Muhammadan Law.
Amir Ali: Muhammadan Law.
Abdur Rahim: Muhammadan Jurisprudence.
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Tayebaji: Principles of Muhammadan Law
Fyzee: Muhammadan Law
D.F.Mulla: Principles of Mohammadan Law
ENG 103: English – III
Writing Skills: Grammar: Making a message, Expressing manner and place, Reporting what
people say or think,
Composition: Business Letters, Condensing & Summarizing, Using the Library, Writing an
Essay: Organization, Writing an Essay: Presentation, Writing from Sources, Amplification,
Dialogue writing, Report writing.
Reading Skill: Different types of reading: Skimming, Scanning, Note-taking, Deducing word-
meanings from context, Average reading, Intensive and Extensive reading, Reading between the
lines, Reviewing, Summarizing, Surveying a book, Surveying a chapter, understanding graphical
presentation etc.
Reading for different purposes: Gathering information and knowledge, Grasping ideas,
Prediction, Critical analysis, Interpretation of texts, reading for pleasure, Reading as
entertainment.
Speaking Skill: Formal and informal register, Standard and non-standard English, British and
American English, Spoken Discourse in other countries and cultures. Group Discussion,
Pronunciation: Rules and Practices, Accent and intonation, Conversation, Group Discussion and
Interview, Set Speech and Public Speech, Language in Radio and Television
LL.B 201: Government and Politics
Fundamentals Concepts: State, Sovereignty, Law, Liberty, Equity, Fundamental rights;
individualism, Socialism, communism, fascism, constitutionalism.
Forms of Government: Ancient forms of Government concept and forms of government in
medieval age; concept and forms of modern governments-cabinet and presidential-unitary and
federal systems-democracy and authoritarian governments; Present position of Monarchy and
dictatorial governments, Islamic concepts of state and government.
Organs of Government: The Legislature, Executive and Judiciary-the doctrine of Separation of
Powers-its application in U.S.A, U.K. and Bangladesh.
The Electorate: The role of electorate in modern democracy-direct participation of people in
policy making-referendum-universal adult suffrage-direct and indirect election.
114
Political Party: The role or political party in democracy and in dictatorship; political party system
in developed and under-developed country; Failure or success of democracy in developing
countries of the world.
Relationship between the economic structure of the state and its Government-reasons for failure
of democracy in developing countries, status and justification of military Government.
Books Recommended:
Horold J. Laski: The State in Theory and Practice.
Horold J. Laski: A Grammar of Politics.
M. Judd Harmon: Political thought from Plato to the Present.
E.I.J. Rosenthal: Political Thought in Medieval Islam
Majid Khadduri: Political Trends in the Arab World.
David Spitz (ed): Political Theory and social Change
W.E. Wiloughby: Government of Modern State,
H.Finer: Theory and Practice of Modern Government.
LL.B 202: Equity & Trust
Equity: Common Law Origin and Development of Equity, Nature and Definition of Equity:
Courts of Equity: Composition Powers and functions of the Courts of Equity, Application of
Equity Jurisdiction in Bangladesh.
Relation between Law and Equity: Equitable Estate and its Relation to Legal Estate.
Maxims of Equity
Equitable Remedies: Specific Performance, Injunction and Receiver.
Law of Trust: Nature and Definition of Trust, Origin and Development of Trust, Classification of
Trust, Creation of Trusts, Appointment, Removal, Rights, Powers, Functions, Duties, Liabilities
and Disabilities of Trustees, Remedies for Breach of Trusts, Limitation, Rights and Liabilities of
the Beneficiaries, Determination of Trust and trusteeship.
Books Recommended
Snell: Equity.
Halsbury: Principles of Equity.
115
Kalention G.W.: Introduction of Equity.
B. M. Gandhi: Equity, Trust and Specific Relief Act
LL.B 203: Hindu Law & Roman Law
Hindu Law: Nature and application of Hindu Law, Sources of Hindu Law, Schools of Hindu
Law, Mitakshara and Dayabhaga schools; their fundamental differences.
Law relating to Inheritance: Succession of males and females: exclusion from inheritance. Law
Relating to Marriage, Sonship, Adoption, Will, Debts and Partition,
Joint Family System: Position of Karta of the Joint Family, his rights and obligations,
Maintenance, Stridhana and women’s estate, Inheritance of Stridhana, Religious and charitable
endowments; impartible estate, Need for reforms of Hindu Law in Bangladesh.
Roman Law: Introduction, Importance of the Study of Roman Law, History of Roman Law down
of Justinian, Law of Persons, Law of things, Law of Succession, Law of Obligation, Outlines of
Procedure.
Hindu Law
Books Recommended
Mullah: Principles of Hindu Law
Rakshit M.K. : Principles of Hindu Law
H.L. Chakravarty: Elements of Hindu Law
Roman Law
Books Recommended
Lee R.V.: Elements of Roman Law
Hunter W.A.: Introduction to the study of Roman Law
L. Kabir: Roman Law.
116
LL.B 204: Law of Transfer of Property
Definition, Object and extent of applicability, Transfer of Property inter vivos, Classification of
Property, General Rules governing the Transfer of Movable and Immovable Property, Transfer of
Property, What Cannot be Transferred, Valid and invalid conditions and limitations on transfer,
Transfer to unborn person, Vested interest and contingent interest, Condition precedent and
condition subsequent, Election, Apportionment, General Rules governing transfer of immovable
property, Transfer by person authorized only under certain circumstances to transfer, Burden of
obligation imposing restrictions on the uses of land or annexed to ownership, Transfer by
ostensible owner, Transfers by Unauthorized person who subsequently acquires interest, Transfer
by co-owners of share in common property-priority of rights created by transfers, Rent bonafide
paid to holder under defective title. Improvements made by holder under defective title. Lis
pendens, Fraudulent Transfer, Part performance-of sales of immovable property of mortgages of
immovable property and charges, Lease of immovable property, Exchange Gift, Transfer of
actionable claim.
Books Recommended:
Transfer of Property Act 1882 (Act VI of 1882 with amendment)
Mullah D.F: Transfer of Property Act.
Mitra B.B.: Transfer of Property Act.
Gour. H.S.: The Law of Transfer
S.K. Ghosal, Law of Transfer of Property
LL.B 205: General Clauses Act and Interpretation of Statutes
The General Clauses Act, 1897: Objective of the Act, General definition, Application of certain
definitions to all Bangladesh laws, General rules of construction, Powers and functionaries,
provisions as to orders, rules, etc. made under enactment, Miscellaneous provisions.
Interpretation of Statutes: Definition of statutes, Forms and types of statutes, Difference between
statutes and other laws, Interpretation and construction, approach to interpretation –Necessity of
interpretation, maxims of interpretation-types of interpretation- historical, grammatical,
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teleological, jurisprudential, purposive, sociological, rules of interpretation- golden rules and
mischief rules, working papers- Comparison between interpretation of statutes, interpretation of
constitution and interpretation of international treaties, some examples of interpretation of
statutes from case laws.
Books recommended:
N S Bindra – General Clause Act
Vidya Dhar Mahajan – General Clause Act
N S Bindra – Interpretation of Statutes
Vepa P Sarathi – Interpretation of Statutes, 4th Edition 2003
Sh. Shaukat Mahmood and Sh. Nadeem Shaukat – Principles of Interpretation of Statutes with
General Clauses Act 1897
GED 305: Bangladesh Studies
Part –A: Roots of Bangladesh: Ancient Bengal, The Medieval Bengal, British Rule, Emergence
of Bangladesh, Mind and Culture of Bangladesh, Education in Bangladesh, Literature, Ethnic
Insurgency, Foreign policy
Part –B: Politics and Economy of Bangladesh (1971-2003), Government and Administration-
Executive, Legislature, Judiciary.
Books Recommended
Various Five years plans
LL.B 211: Criminology
Criminology and Criminal Law, Perspectives and methods in Criminology, Physical,
Physiological and Racial factors and crime, psychological theories of criminal behavior, social
and religious institutions of crime, Causes of crime-viewing the problem as a whole, Theories of
Punishment.
The Control of Crime
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The nature of Punishment and the Penal system, the treatment of criminals-Borstal, the
Approved Schools, Probation, Detention before trial, Parole, Juvenile Court, Prison training,
Prevention of Crime and delinquency.
Books Recommended:
Sutherland and Cressey: Principles of Criminology
Donald R. Taft: Criminology
Ahmed Siddique, Criminology
N.V. Paranjapee, Criminology and Penalogy
LL.B 212: Labour & Industrial Law
Conditions of employment, classification of workers, probation period, appointment letter and
identity card, service book, work register, stoppage of work, closure of establishment, right of
laid-off workers for compensation, master roll of laid–off workers, retrenchment, re-employment
of retrenched workers, discharge from service, misconduct and punishment, procedure for
punishment, provisions regarding fine, termination of employment by the employer otherwise
than by dismissal, termination of employment by employee, retirement of a worker, provident
fund, final dues of worker, certificate of fitness, power to require medical examination, maternity
welfare facilities, provisions regarding health and hygiene, provisions regarding safety, welfare
measures, working hours, leave and holidays, wages and its payment, Wage Board, compensation
for accident, trade unions and industrial relations, settlement and termination of industrial dispute,
strike and lock out, Labour Court and Labour Appellate Tribunal, workers’ participation in
companies profits, safety and control of employment of dock workers, provident fund, offences,
penalties and procedure.
LL.B 221: Law of Criminal Procedure:
Law of Criminal Procedure: Constitution of Criminal Courts, Powers of Courts, Aid and
Information to the Magistrate and the Police, Arrest, Summons and Warrant, Proclamation and
Attachment, Bail, Prevention of Offences, Investigations and Inquiry, Charge, Trial before
Magistrate and Courts of Session, Summary Trail, Judgment, Suspension, Remission and
commutation of Sentence, Previous Acquittal and Conviction, Appeal Reference and Revision.
Books Recommended:
119
Mitra B.B: Criminal Procedure Code.
Ratan Lal and Dhiraj Lal, Criminal Procedure Code
Sarkar Ali Akkas, Law of Criminal Procedure
LL.B 222: Land Laws of Bangladesh:
History of Land Laws: Grant of Dewani-The Bengal Zemindars, their growth and incidents; Law
relating to Permanent Settlement-main idea of Lord Cornwallis-defects of this Regulation-
abolition of Permanent Settlement-reasons.
Law Relating to Landlords and Tenants: Short history of Tenancy Laws-extent and application-
classes of tenants to rent sale for arrears-setting aside sale.
Law relating to abolition of zemindary system: acquisition of all rent receiving interest by the
State: Definitions who is not a rent-receiver; Special provisions for the acquisition of interests of
certain rent-receivers-special provisions regarding lands held in Lieus of service; Preparation of
record of rights-assessment of compensation; Provisions relating to arrears of revenue, rent and
cesses; Incidents holdings of raiyats, and transfer, purchase and acquisition of lands: provisions as
to enhancement and reduction of rent; ammulgamation, sub-division and consolidation of
holdings: Maintenance of the record of rights; Jurisdiction-appeal, Revision and Review.
Law relating to Non-agricultural Tenancy: Definitions-classes of non-agricultural tenant;
Incidents of non-agricultural tenancies-under-tenants; provisions as to transfer of non-agricultural
lands-Judicial procedure.
Books Recommended:
Lutful Kabir: Land Laws (Vols. I, II & III)
M.K. Rakshit: E.B. State Acquisition & Tenancy act. Vols. I, II & III.
L. Kabir: Rights and Liabilities of the Raiyats under the Bengal Tenancy Act. 1885 and the State
Acquisition Act.
LL.B 223: Public Demand Recovery Act.
120
Definition-Filling, Service and Effects of Certificates and Hearing of Objections, Execution of
Certificates, Attachment, Sale, Setting aside a sale, Reference to Civil Court. Appeal, Revision
and Review.
Books Recommended:
D L R: Public Demand and Recovery Act.
Sultan Ahmed: The Public Demands Recovery Act.
S C Sarkar: Public Demands Recovery Act.
LL.B 301: Law of Crime
Essential elements of crime, Mens rea, General exemptions from criminal liability, abatement,
Criminal Conspiracy, Offences against the State, Offences against the Public Tranquility,
Offences by or relating to Public Servants, False Evidence and Offences against Public Justice,
Offences relating to Coin and Governments Stamps, Weights and Measures, Offences relating to
the Army, Navy, and Air Force, Offences relating to Religion, Offences relating to Elections,
Offenses Affecting the Human Body, Offences against the Property and other Interests of the
Individual.
Books Recommended:
Lutful Kabir: Penal Code.
Ratanlal & Dhirajlal: Indian Penal Code.
Zahirul Huq: Penal Code
LL.B 302: Company Law:
History of Company Laws, Nature and Constitution of Companies, Memorandum and Articles of
Association, Doctrine of Ultra Vires, Raising and maintenance of Capital, Company’s Organs and
Officers, Types of Companies, Formation of Companies, Prospectus, Meeting, Investor and
Creditor’s Protection, Directors, Managing Agents, Winding-up.
Books Recommended:
L.C.B. Gower: Modern Company Law
Bangladesh Gazette (latest): The Company Act, 1994
Dr. M Zahir: Company Law
121
LL.B 303: Specific Relief Act.
Extent and Scope of Application of the Act, Recovery of Possession of Immovable Property, Suit
by Person Disposed, Specific Performance of Contract as a Specific Relief, Contract which can
be Specifically Enforced and which cannot be specifically enforced, Persons for and Against
whom Contracts may be Specifically Enforced, Discretion and Powers of the Court, Rectification
of Instrument, Rescission of Contracts, Cancellation of Instrument, Declaratory Decrees as
Specific Relief, Preventive Relief, Temporary and Perpetual Injunctions, Mandatory Injunction.
Books Recommended:
D.L.R. : Specific Relief Act. 1877.
Mullah D.F: Indian Contract and Specific Relief Act.
LL.B 311: Civil Procedure Code:
Scope and Application of the Civil Procedure Code, Structure of the Code, Organization of Civil
Courts in Bangladesh, Jurisdiction of Courts, Inherent power of Courts, Institution of Suits and
proceeding: Place of Suing, Parties to Suits, Service of Summons on Defendant, Recognized
Agents and Advocates, Examination of Parties, Discovery, Admission, Framing of Issues and
Interrogatories, Hearing of Suit, Default of Appearance, Stay of Suits, Res Judicata, Bar to
Further Suits, Execution of Decrees and Orders, Incidental and Supplemental Proceedings,
Special Procedure in particular classes of Suits-Pauper Suits, Inter-pleader suits, Appeals from
decrees and orders, Review, Revision and Reference, Temporary Injunction, Withdrawal and
Adjustment of Suits, Commission, Arrest and Attachment before Judgment, Appointment of
Receiver.
Books Recommended:
D.F. Mulla: The Code of Civil Procedure.
Mahmudul Islam: The code of Civil Procedure
C. K. Takwani: Civil Procedure Code
LL.B312: AdministrativeLaw:
Meaning and Nature of Administrative Law, Importance of Administrative Law, Rule of Law
and Droit Administratiff, Separation of Powers and Administrative Law, Origin and Growth of
122
Administrative Law in U.K., U.S.A., and South Asian Countries; Legislative Powers of
Administration, Delegated Legislation, Limits of Delegated Legislation, Concept of Ultra Vires,
Judicial Powers of Administration, Administrative Tribunals, Control of Judicial Power, Exercise
of Administrative Discretion and its limits, Control of Administrative Powers and Actions -
Judicial Review, Writs and Ombudsman, Public Corporations and Government Control of the
Corporations, Decentralization of Administration – its aims and objectives, Local Government
and Local Self-Government in Bangladesh, Suit against Government –Scope and Limitation.
Books Recommended:
Hood Philips – Constitutional Law and Administrative Law
C K Thacker – Administrative Law
C K Takwani – Lectures on Administrative Law
I P Massey – Administrative Law
M P Jain - Administrative Law
Dr. Kamal Siddique- Local Government
LL.B 313: Public International Law:
Origin, Nature and Development of International Law, Theories as to Basis of International Law,
Sanctions of non-observance of International Law. Sources of International Law, Relationship
between International Law and Municipal law, Codification and Progressive Development of
International Law, Subjects of International Law, State Territory, Recognition, State Jurisdiction,
State Responsibility, State Succession, Law of the Sea, Diplomatic Envoys and consuls,
International Dispute, Intervention, Law of War and Neutrality, and the United Nations and its
different organs.
Books Recommended:
Openheim: International Law Vol. I & II.
Starke: An Introduction to International Law.
M. P. Tandon: Public International Law
S.K. Kapoor: International Law and Human Rights
BUS 308: Legal Aspects of Marketing:
Meaning of legal environment, Rational for understanding legal environment, The demand
legislation, The demand for consumer protection, Law influencing marketing decision, Law
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against deceptive practice, The purpose of laws design to prevent fraudulent and deception,
Nature of state influence, Resorts for maintaining legal side, An evaluation of legal framework:
Law of contract, Sale of goods act, Carriage of good act, Company law, Agricultural produce,
Market regulation act, 1964, Bangladesh control of essential commodities act, 1956, Hats and
Bazar ordinance 1959, Pure food ordinance 1969, Pure food ordinance 1969, Trade markets act
1940, Planet design act 1911, Standards of weights and measure ordinance 1982, Drug policy
1982, The payment of wages act 1936, The industrial relation ordinance.
LL.B 321: Law of Partnership
Nature and Definition of Partnership, History of Partnership Law in Indian Sub-continent,
distinction between the Partnership firm, Relations between the Partners, Registration of a Firm,
Dissolution of a firm, Don sequences of Dissolution of a Firm.
Books Recommended:
Frederick Pollock-Digest of the Law Agency.
Frederick Pollock and D.F. Mullah-the Indian Sale of Goods and the Indian Partnership Acts.
S.D. Singh and J.P. Gupta-Law of partnership in India
M.N. Mukerji and Sukumar dutta- Indian Partnership Act.
LL.B 322: Law of Evidence & Registration:
Law of Evidence: Function of the Law of Evidence, Facts in issue and Relevant facts connected
with the facts to be proved, Statement about the facts to be proved, Decision about the facts to be
proved, Opinions of the facts to be proved, Character of the persons who are concerned with the
facts to be proved, Judicial notice, facts admitted, Proof of facts other than contents of
documents; Proof of documents including proof of execution of documents and proof of
existence, condition and contents of documents; Burden of Proof, Presumptions, competence of a
witness, Privilege, Examination of witness, Impeachment or confirmation of the credit of a
witness, Power of the court in relation to examination of witness, Improper Admission or
rejection of Evidence.
124
Law of Registration: Definition of Registration, Registerable Documents, Documents of which
Registration is Compulsory and Optional, Time of Presentation, Effects of Registration and Non-
Registration, Powers and Duties of Registering Officers.
Law of Evidence
Books Recommended:
Monir: Principle and Digest of the Law of Evidence
Stphen: Introduction to the Law of Evidence
Sarker: Law of Evidence
Law of Registration
Books Recommended:
D.F. Mullah: Indian Registration Act.
LL.B 323: Law of Limitation:
Law of Limitation, Limitation and Prescription, Object, Interpretation and Application of Statute
of Limitation, Waiver of Limitation, Limitation of suits, Appeals and Application, Computation
of Period of Limitation, Grounds of Exemption from Extension of Period of Limitation and
Suspension of Limitation, Acquisition of Ownership by Possession, Acquisition of Easement
Rights, Limitation in Suits from Recovery of Land, Effect of Fraud and Acknowledgement on
Limitation
Books Recommended
R. Mitra: Law of Limitation
Mulla: Indian Limitation Act.
LL.B 324: Law of Agency & Bailment:
Law of Agency: Nature and Definition of Agency, Different Classes of Agents, Creation of
Agency, Agent, Authority, Rights and Duties of the Principal and Agent, Personal Responsibility
of Agent.
125
Law of Bailment: Nature and Definition of Bailment, Different Kinds of Bailment, Rights and
Duties of the Bailor and Bailee. Termination of Bailment Right of finder of goods, Suits by
Bailors agents the wrong doers.
Books Recommended:
Frederick Pollock-Digest of the Law Agency.
Frederick Pollock and D.F. Mullah-the Indian Sale of Goods and the Indian Partnership Acts.
Ernest H Scamell (ed)- Lindley on the Law of Partnership.
LL.B 325 Constitutions of USA & UK:
The course will comprise the following topics to be discussed with reference to the constitutions
of Bangladesh and U.K and relevant topics of other countries including U.S.A. and leading cases.
Introduction-Conception and elements of State, Definition, Scope and nature of constitutional
Law-contents and classification of constitutions.
Philosophy of the Constitution, Development of the American Constitution, Comparison of
American and British Constitutions, Legislative Branch, Executive Branch and the President,
Judicial Branch, Relation between States, Amending the Constitution, Ratifying the Constitution.
General theories of constitution-classification of constitutions. Supremacy of the constitutions,
Conventions of the constitution, Ministerial responsibility-rule of Law compared with
Administrative judiciary.
Fundamental Rights and Principles-Fundamental Rights-Nature and analysis of the rights-
modification of the right in respect of disciplinary law-saving of certain clauses.
The Executive-presidential and Parliamentary form of Govt. The Prime Minister and the Cabinet-
President and his powers and functions-Council of Ministers-Power of dissolution of Parliament-
Local Government-defense service, the Attorney General. The legislature Composition and
functions of Parliament privileges and immunities of Parliament legislative and financial
procedure delegated legislation ordinance.
Unconstitutional legislation ministerial responsibility Parliamentary sovereignty. The Judiciary
Organization. Jurisdiction and powers of the Supreme Court and its Divisions Superintendence
and control over power courts separation of power independence of Judiciary Administrative
Tribunals.
126
Elections-establishment and functions of Election Commission-validity of election and the law
relating to election. The service of Bangladesh, establishment of service Commission-function of
the commission. Amendment procedure of the Constitution-transitional and temporary
provisions-repeals-interpretations.
Books Recommended:
1. Dicey, A.V. : Law of the Constitution
2. Wade and Philips: English Constitution
3. Hood Philips: Constitutional Law and Administrative Law
4. C F Strong: Modern political Constitution
5. Jennings: The Law and the Constitution
Wilioughby: The Constitutional Law of United States
LL.B 402 International Human Rights Law:
Human rights: Conceptual background, origin and development; Human rights and fundamental
rights; Different generations of human rights: First generation, second generation and third
generation of rights; International human rights instruments: United Nations Charter; Universal
Declaration of Human Rights, 1948; International Covenant on Civil and Political Rights, 1966;
International Convenient on Economic, Social Cultural Rights, 1966; Regional human rights
instruments, European Convention on Human Rights and Fundamental Freedoms; European
Social Charter; American Declaration of the Rights and Duties of Man; American Convention of
Human Rights; African Charter on Human and People's Rights; Special human rights
instruments: Convention on the Elimination of All Forms of Discrimination on Women
(CEDAW); Child Rights Convention (CRC); Vienna Declaration; Human rights in armed
conflict; Human rights situation in Bangladesh: Women, children, media, police, environment,
minority, indigenous people etc.; Human rights and Development.
Books Recommended:
Basic Documents on Human Rights by Brownlie (London: Clarendon Press, 1971).
International Protection of Human Rights by M. Ganji (Geneva: E Droz, 1962).
The New Politics of Human Rights by J, A, Joyce (London: Momillan, 1978).
International Law and Human Rights by H. Lauterpacht (London: Garland Pub. Inc. 1973).
127
International Concern with Hum-an Rights by M. Mosiowitz (New York: Ocearn, 1974).
Human Rights: Thirty Years after Universal Declaration by (Edited) B Ramcharan (London:
Nijhlff, 1979).
Human Rights and World Orders by Abdul Aziz Said (edited) (New York: Praeger Publishers,
1970).
The International Law of Human Rights by Puaul S Siegharts by (Oxford: Clarendon Press,
1988).
Human Rights Issues and International Law by M. Zamir.
International Human Rights in a Nutshell, 1998 by Thomas Buergenthal
LL.B 403: Fiscal Laws of Bangladesh
Income Tax Ordinance 1984: Definition: Income and Exemptions, Assesses, Types and Status,
Tax Authority, Appeals, Revision and Reference, Assessment procedure, Recovery of Taxes,
Refund and Penalties, Assessment of Non-Succession of Business; Changes in the constitution of
firm, Provisions regarding certain classes of provident and superannuation Funds.
Value Added Tax: Important terms, Taxable goods and services, VAT Authorities,
Determination of VAT, method and time for VAT payment, Turnover tax and supplementary
duty, Registration under VAT and VAT return.
Customs Act: Brief Introduction to Customs Act 1969, Statutory definitions, customs procedure,
customs authorities, Prohibited goods, goods dutiable, Exemptions from customs duty, Valuation
procedure, date for determination of value and rate of duty, determination of customs duty.
Estate Duty Act. 1950: Principles of passage of property of death, Waqf, Provision of Company
Valuation, Aggregation into Estate, Deduction and Computation and Principles, Assessment
Technique, Refund, Recovery and Penalties.
Books Recommended:
Income Tax Manual Part I, II & III
Income Tax Ordinance 1984
Value Added Tax Act 1991
Agriculture Income Tax Act 1944
Estate Duty Act 1950
Capital Gains Tax Bangladesh Act.
128
A.H. Shaha Dutullah: Income Tax
Nurunavi: Income Tax
LL.B 404: Intellectual property Law:
The concept of Intellectual Property; Copy Right: Origin and development of Copyright Law;
Rights protected by copy right; Copyright infringement, remedies; Industrial Property; Patent and
duration of patent, other kinds of patents. infringement and, Remedies; Trade Marks: Definition
of trademarks, functions of trademarks; Acquisition of trademark rights, Infringement of
trademarks; Industrial design; Role and contribution of intellectual property; International
co-operation in intellectual property; World Intellectual Property Organization; Paris Convention
for the Protection of Intellectual Property, and other conventions; Intellectual property litigation;
New development in intellectual property; Computer programs, integrated circuits, reprography,
broadcasting innovations.
Books Recommended:
Law of Intellectual Property by P. Narayan
Law of Intellectual Property by Utshell
WIPO Publications
LL.B 411: Environmental Law
General Issues:
Origin of environmental movement – historical background of the development of modern idea
of international environmentalism current international environmental issues, theoretical issues
and philosophical underpinnings of environmentalism, reasons for the development of
environmental law.
International environmental legal Issues:
International environmental law – definition nature scope and sources of international
environmental laws, traditional international law sources like convention, treaties, customs,
decisions of the international court of justice, soft law sources like declarations, non legally
finding principles etc., the nature of international environmental problems, Principles of
129
international environmental law, the scope for the development of new international
environmental law sources.
International Developments:
Stocklom Declaration of 1972 – its contents legal principles – its importance and effects in the
development of international environmental laws- Brundtland Commission Repost – world
commission on environment and development issue of sustainable development. Declaration of
the Hague – United Nation Conference of Environment and Development (UNCED) – Rio
Declaration and other UNCED texts, Agenda 21- Principles for a Global consensus on the
management, Conservation and Sustainable Development of all types of forest, the United
Nations Framework Convention on Climate change 1992, the importance of these instruments
and their effects in the development of international environmental laws, Kayto Protocol and its
importance for environment. Montreal Protocol 1987, Vienna convention in the perfection of the
Ozone Layer 1990.
Global and Regional Organization for Environment:
Role of UNO – General Assembly, United Nations Environmental Programme (UNEP) – its
organization- function – activities in the development of international environmental law –
United Nations Specialized Agencies involved in the development of environmental law – FAO,
ILO,UNESCO, WHO, WMO etc.
Role of different regional organization in the protection of regional environment: The United
Nations Economic Commission for Europe – the council of Europe – the organization of
Economic Co-operation and Development, European Communities – Organization of American
States Organization of American unity- south pacific regional organizations.
Environmental Law of Bangladesh:
Major Domestic Environmental problems of Bangladesh. Historical perspective: Development of
Environmental Laws in Bangladesh in Different Phases. Overview of the Domestic
Environmental Legal Framework of Bangladesh. Sources of Environmental Law.
Features of the Domestic Regulatory Regimes on the Environment of Bangladesh. Domestic
Environmental Law and Policy-making Process of Bangladesh. Sectoral Laws and Policies
Relating to Environment of Bangladesh: Pollution (Air, Water, Sound) Related Laws and Policies
of Bangladesh. Waste Disposal Related Laws and Policies of Bangladesh. Forestry Related Laws
130
and Policies of Bangladesh, Biodiversity Conservation Related Laws and Policies of Bangladesh,
other sectoral laws and policies.
Environmental Conservation Act 1995, Environmental Court Act, 2000: Powers, Functions and
Procedures of the Environmental Court, Effectiveness of Environmental Court, Enforcement of
Environmental Laws. Public Interest Litigation, Its Role in the Protection and Conservation of
Environment in Bangladesh. Institutional Issues: Role of Governmental and Non-governmental
Organizations in the Protection and Conservation of Environment: Ministry of Environment and
Forest ( MoFF), Department of Environment (DoE), Department of Forest (DoF), Bangladesh
Environmental Lawyers Association (BELA) and other environmental NGOs. Issue of Inter-
agency Co-ordination.
Books Recommended:
Alexandre Kiss and Disah Shelton: International Environmental Law, Graham & Trotman
Limited, London, England, 1991.
W. Lang, H. Nehold and K. Zemanek (cds): Environmental Protection and International Law,
1990.
A. Atiq Rahman, Raana Haider, Eirik G. Janses (ed): Environment and Development in
Bangladesh, Vol. 1 & 2. University Press Limited, 1994.
Mohiuddin Farooque & S Rizwana Hasan: Law Regulating Environment in Bangladesh
Jona Razzaque: Public Interest Environmental Litigation in India, Pakistan and Bangladesh,
Kluwer Law Publication, 2004
LL.B 412 Media and Information Technology Law:
Concept and importance, Globalization and MIT, ICT; media information technology laws in
Bangladesh- its future and application, the characteristics of cyber space and the process which
influence law making, customary laws on cyber space, dispute resolution in cyber space, liability
in cyber space, developing legal system and good moral for the internet, intellectual property
rights in digital information, on line banking and e-commerce.
Book recommended:
ICT Policy of Bangladesh – Govt. publication.
Indian Cyber Space Law
The Law of Cyber Space- UNESCO.
131
LL.B 413 Law on Banking and Bankruptcy
Meaning of banking sphere of bank activities; historical background of banking institutions in
Bangladesh. Origin of bank legislation: Banking Companies Ordinance 1962 and Banking
Company Act, 1991.
Central Bank: Role of Bangladesh Bank as central bank, relation between Bangladesh Bank and
central bank; Kinds of banks, privatization policy, transfer of nationalized banks to private sector.
Krishi Bank: Background of the bank, management, objective of Krishi Bank; use of loan,
purpose of loan, application of public demands recovery Act.
Grameen Bank: Background, objective, Board of Directors, shareholding of paid capital,
collateral security, audit of accounts, deposits.
Cooperative Banking: Background and role of the bank, difference between cooperative and
commercial bank, process of loan application, cooperative law, constitutional obligation.
Islamic Banking: Method of operation.
Bangladesh Shilpa Bank: Management nature of loan allowed by BSB, Bangladesh Shilpa Rin
Shangstha; authorized capital, Privatization Act, 1993.
Negotiable Instruments:
Definition, characteristics and types of negotiable instruments, promissory note, bill of exchange,
cheque, bank draft, hundies, time and demand instruments, inchoate instruments, escrow,
maturity of negotiable instruments, payment in due course, payment of interest. Holder, holder in
due course, privileges of a holder in due course, capacity of parties, liability of parties to
negotiable instruments. Presentation of negotiable instruments: Presentment for acceptance and
acceptance, time, place and proof of presentment, presentment for acceptance when excused,
effect of non presentment, presentment for sight, presentment for payment-time and place,
presentment for payment when unnecessary, negotiation of negotiable instruments, Dishonor and
discharge of negotiable instruments
132
Law on Bankruptcy:
Meaning of bankruptcy, who can be adjudged bankrupt, Acts of bankruptcy, bankruptcy
proceedings, Composition and scheme of arrangement.
Money launderings Act: Scope, object of the Act, duties and responsibilities of commercial banks
under the Money Laundering Act.
LL.B 331 Banking and Securities Laws
Banking Laws: Business of the Bank Companies – Restrictions on some business, Disposal of
assets not listed in banking business, Prohibition of employment of managing agents and
restrictions on specific forms of employment, Restriction relating to removal of document and
records requirement of minimum paid up capital and reserve fund. Regulation as to Paid-up
capital, subscribed capital, authorized capital and voting rights of shareholders, restrictions on
purchase of share of banks etc. The election of new Directors, restriction regarding tenure of post
of Director, Vacation of Director, Restriction on payment of loans and advances, restriction on
the Directors of the indebted Company. List of in debtors in default, etc, Restriction relating to
remission of debts, Special provisions regarding bad debt. Power of the Bangladesh Bank to
regulate advances by the bank company, jurisdiction of court as to rates of interest, License of
Bank companies, maintenance of liquid capital. Illegal transaction by banking companies etc.
Prohibition on certain activities in relation to Bank Companies. Acquisition of undertaking of
Bank Companies. Suspension of Business and Winding up of Bank Companies. Speedy disposal
of winding up procedure. Power and jurisdiction of Money Laundering Court. Settlement of
dispute in the alternative manner under Money Laundering Court. Execution of order and of
Money Laundering Court. Appeal and Revision in Money Laundering Court. Constitution, power
and procedure of Bankruptcy Court. Act of Bankruptcy, plaint, adjudication etc. Order of
adjudication. Interim proceedings consequent upon order of adjudication. Annulment of
adjudication. Composition and arrangements and reorganization. Discharged and undercharged
bankrupts. Administration of property-methods of proof of debts. Effects of bankruptcy of
previous transactions. Realization of property. Offences and penalties under Bankruptcy Act.
Disqualification of undercharged Bankrupt. Summary administration of estate. Appeal and
review. Miscellaneous provisions under bankruptcy Act. Composition and jurisdiction and of
Artha Rin Adalat. Implementation of decree by Artha Rin Adalat and appeal.
Securities Laws:
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Historical background of Securities laws in Bangladesh. Civil liability, causation, purchaser
seller requirement under Securities and Exchange Ordinance. Issue of Capital. Lock in and
Minimum lot of shares. Penalty for certain refusal of customer’s securities. False prohibition and
restrictions. Credit, pledging and lending of customer’s securities. False statements. Fraudulent
acts and penalty. Cognizance of proof, burden of proof. Maintenance of secrecy. Registration and
regulation of stock exchanges – Accounts, annual reports, returns, cancellation of registration,
compulsory listing, eligibility of registration, Listing of securities. Regulation of issuers-
Prohibition of short selling, regulation of proxies, submission of returns, submission of statements
of beneficial owners of shares. Trading by Directors, officers and principle shareholders.
Securities in good faith. Constitution and office of securities and exchange commissioner,
Delegation of powers, enquiry by Commission, functions of commission, Government’s power to
give directions, Government rule making power, meetings of Commission. Penalty for
contravention, Cognizance of offence and Appeal. Registration with Commission, registration
certificate. Stock Broker Rule. Insider Trading in Bangladesh.
Books Recommended:
Prof. AA Khan: A Manual of Bank Companies Laws and Allied Act, Regulations and Rules.
Revised Edition, 2004
Dr. M Zahir: Company and Securities Laws, 2nd Edition
David. L. Ratner: Securities Regulation
LL.B 414 Dispute Resolution
Client Counseling:
Factual investigation; client interviewing, listing and observing, (Section 126 of Evidence Act,
1872), Interview checklist, client interviewing form; Reading of cases, finding law opinion,
common forms and negotiation techniques.
Alternative Dispute Resolution (ADR):
Meaning and importance of alternative dispute resolution, method of alternative dispute
resolution, qualifications of an ideal mediator, distinction between judicial system and ADR, the
provisions of ADR under the Code of Civil Procedure, the Code of Criminal procedure, The
Artha Rin Adalat Ain.
Arbitration:
134
Meaning and nature of arbitration, comparison among and between the judicial proceedings,
arbitration proceedings and ADR proceedings, composition and jurisdiction of arbitral tribunals,
making of arbitral award and enforcement of arbitral award, recognition and enforcement of
arbitral awards, settings aside an award, when arbitration superseded by the court, appeal.
LL.B 421 Maritime and Shipping Law:
Bill of Lading; Charter Parties, Arrest of ships and marine injunction; Contract of infringement,
differences between Bill of Lading and Charter -party, Right of stoppage in transit, duties of a
carrier by sea; liabilities of a carrier by sea, ship owners lien; Admiralty practice and arrest of
ships;
International ship management; Introduction to International Safety Management (ISM Code)
and implication the Code. Protection and Indemnity (P & I) Insurance; Cargo Claims;
Documentation and procedures for recovery of damages from carriers; Marine insurance policy,
insurable in warranties; voyage, deviation and change of voyage, perils, losses and kinds of
losses, particular average, general average, salvage;
Relevant Laws:
Bill of Lading Act 1856.
Marine Insurance Act 1925;
LL.B 422 The Legal Profession and Professional Ethics
The nature and need of the legal profession, the legal profession as distinguished from business,
history of legal profession in the sub-continent, Unified Bar in the independent Bangladesh,
conditions of enrollment of advocate: subordinate court’s advocate, public prosecutor(PP),
Government Pleader(GP), High Court Division’s Advocate, Appellate Division’s advocate,
Advocate-on-record, Senior Advocate, Attorney General of Bangladesh, importance of legal
ethics, canons of professional conduct and etiquette: Duties and responsibilities towards other
lawyers, towards Clients, towards Court, towards other persons, misconduct, the tribunal and
disciplinary proceedings against misconduct of an advocate.
Book recommended:
The Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972.
N. H. Jhabvala: Professional ethics.
135
LL.B 423 Conveyancing and Legal Drafting (Civil)
Law and principles of Drafting and Conveyancing. Distinction between Deeds and other
Documents. Sale of Immovable Property: Essentials of a sale, How to Prepare a sale Deed, How
to Prepare a contract for sale Deed (Bayna Nama). Mortgage: Essentials of a Mortgage, How to
prepare a Mortgage Deed. Lease: Essentials of a lease, How to prepare a Lease Deed. Exchange
of Properties: Essentials of a Exchange, How to prepare an Exchange Deed. Gift or Hiba:
Essentials of a gift or Hiba, How to prepare a Gift or Hiba Deed. Waqf or Trust: Essentials of a
Waqf or Trust, How to prepare a Waqf or Trust deed. Will or Wasiya: Essentials of a Will or
Wasiya, How to prepare a Will Deed or Wasiya Nama. Power of Attorney: Essential of power of
Attorney, How to prepare a power of Attorney. Notice: Different kinds of Notice, How to prepare
different kinds of Notice.
LL.B 424 Conveyancing and Legal Drafting (Criminal)
FIR, General Diary, Bail Petition, Hajira Petition, Time Petition, Naraji Petition, Memorandum
of Appeal, Revision.
Petition under Section 241A of the Cr.P.C., Petition of Complaint, drafting under section 561
Cr.P.C., drafting under section 491 Cr.P.C. (detention), drafting under section 526 Cr.P.C.,
drafting under section 528 Cr.P.C.,
Books Recommended:
N S Bindra: Law of Conveyancing, Draftsman and Interpretation of Deeds
Mogha: Law of Pleading, Eastern Law House, 16th Edition, 2002
Murali Monohar: The Art of Conveyancing and Pleading, Eastern Law House,2nd Edition, 2004
Hargopal: Indian Draftsman, Guide to Legal Drafting, Universal Pub. Co. 2003.
GM. Kothari: Principles & Precedents of the Law of Conveyancing, Draftsman & Interpretation
of Deeds & Documents
LL.B 425 Trial and Advocacy Training (Civil)
Choice of Forum, Drafting of pleadings: various forms of plaints and written statement, Trial
advocacy: skill, opening statement, examination in chief, cross examination, closing argument;
Mock trial; Appellate advocacy; External-ship; court visit for student.
136
LL.B 426 Trial and Advocacy Training (Criminal)
Choice of Forum, Drafting of pleadings: drafting of FIR/complaint and bail petition; Trial
advocacy: skill, opening statement, examination in chief, cross examination, closing argument;
Mock trial; Appellate advocacy; External-ship.
LL.B 427: Project or Thesis
Project and thesis is designed in order to obtain a better knowledge and understanding of any
problem of legal philosophy, legal history, and comparative study of any law or any system of
positive law, international or municipal. Students will have to dig up facts, unearth new data and
discern relationship between facts already known. In furtherance of that the students will have to
write up a thesis paper under the supervision of a scholar. The area of legal research may
succinctly be as follows:
The student may write a historical essay showing the development in a field of law or a particular
doctrine.
The student may write a kind of survey on the recent developments in law summarizing the most
important cases, analyzing how they have followed or deviated from past cases and make a guess
as to what the courts would do in future.
The student may analyze the doctrine to see weather the case law is consistent, ambiguous and to
state what in his opinion the correct propositions of law are by applying his own rationale
reasons.
The student may write about the relationship between law and other behavioral sciences.
Copyright © Daffodil International University
http://www.daffodilvarsity.edu.bd/law/course.php
137
BACHELOR OF LAWS [LL. B. (Hons.)]
Introduction
The undergraduate law program at BRACU School of Law is designed to prepare students for
careers in law-judges, lawyers, administrators, and academics-and leadership roles in tomorrow's
globalised economy and society. The four-year academic programme would enable students to
pursue a range of fundamental topics in law and the legal system. Moreover, flexibility of
curriculum would make it possible for them to pursue their individual academic interest in
practically every area of law by selecting elective courses and topics of their own choice from one
of the broadest selections available in any School of Law or University in Bangladesh.
Law is much more than principles and provisions-it is about justice, equity and fairness as well
as the values around which societies organised themselves through orderly institutions. Law is
also intertwined with economy, development, business and the emerging globalised order. For a
jurist, law does not exist in a vacuum and law is very closely related to and interacts with other
social forces and issues. Hence, a law student at the BRACU School of Law will also take up
subjects from other disciplines. In fact a law students will take 9 courses outside law-Economics,
English, Development Studies and even Photography; and the choice is wide and varied.
Mission Statement
'To the Romans, Justice was a goddess whose symbols were a throne that tempests could not
shake, a pulse that passion could not stir, eyes that were blind to any feeling of favor or ill will,
and the sword that fell on all offenders with equal certainty and with impartial strength.' Now,
Justice-in the name of Rule of Law is a sine-qua-non for the maintenance of peace and tranquility
in a given polity. Moreover, in a society advancing rapidly, it is the law that gives the lead to
society and places before it ideals and values to which people should conform. Recognising
BRAC's background, BRACU's commitment and goal, the School of Law would endeavor and
strive to impart an education to seek legal solution that respects social, cultural and aesthetic
needs of the people and prepare tomorrows lawyers to meet the challenges of the new millennium
and the realities of globalisation.
138
BACHELOR OF LAWS [LL. B. (Hons.)]
Structure of the Program
Bachelor of Laws [LL.B. (Honors)] program consists of 12 semesters-3 equal semesters every
year. A student shall have to successfully complete 45 courses comprising of 6 General Education
Courses, 21 Major Compulsory Law Courses including Dissertation Paper and Moot-Court
Sessions, 9 Courses Outside Major Area along with 9 Elective Minor Courses. In the last
semester, students would be required to participate in mock trials. Moreover, for practical
orientation, towards the end of the program, students would attend courts and lawyers' chambers.
The course requirements and structure for the undergraduate Bachelor of Laws [LL.B. (Honors)]
program is presented in the following Table:
Area
CoursesCredit Hours
General Education Course
[Basic requirements of BU]
a. English Language 2 6
b. CSE 1 3
c. Mathematics 1 3
d. Natural Science 1 3
e. Arts or Social Science 1 3
Major Law Courses 21 63
Elective Law Courses
a. 5 Major Concentration 5 15
b. 4 Minor Concentration 4 12
Courses Outside Major 9 27
Total 45 135
List of Courses
139
a) Foundation Courses/General Education
General Education Courses: 18 Credits
The General Education Courses are compulsory in terms of BRACU's academic requirements for
undergraduate programs.
b) Major Area
Major Law Courses: 63 Credits
Core Courses in Law
[All courses are compulsory]
LAW 101 The Jurisprudence of Legal Concepts and the legal system of Bangladesh
LAW 102 Obligations: Contract Law
LAW 103 Delict: Law of Tort
LAW 104 Constitutional Law
LAW 201 Equitable Principles and Specific Relief
LAW 202 Muslim Family Law and Reforms
LAW 203 Property Law and Transfers
LAW 204 Law of Registration and Limitation
LAW 205 Business Law
LAW 301 Agricultural Law and Reforms
LAW 302 Criminal Law
LAW 303 Company Law
LAW 304 International Law [Public]
LAW 305 Principles of Civil Procedure
LAW 306 Evidence
LAW 307 Laws on Insurance
LAW 308 Criminal Procedure
LAW 401 Convincing and Legal Writings
LAW 402 Legal Research and Methodology [Dissertation Paper]
LAW 403 Moot-Court Sessions
LAW 404 Law of Trusts and Codicils
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c) Electives
Elective Law Courses: 27 Credits
The following elective courses are offered and distributed in relation to particular branch / area
of law to enable students to choose their field of concentration/specialization. Thus, for example,
one may opt to choose "A" from the elective courses to have a unique opportunity of
concentrating on Commercial Laws. One may, however, choose to specialize in Economic Laws
and prefer to study courses contained in "B" or might be inclined to know and appreciate
evolution of legal theories and system of the present modern world and, therefore, prefer to study
"C"-Legal Philosophy, Rights and Dispute Resolution. Again, one may specialize in Estate
Maintenance and Succession Laws by choosing courses under "D". Alternatively, a student may
prefer to have a combination of all the above four disciplines of legal studies without
concentrating in any particular field.
A: COMMERCIAL LAWS
Business and IP Matters
LAW 322 Intellectual Property Law
Law of Carriage/Law of Carriers
LAW 423 Maritime Law and Carriers
LAW 424 Inland Shipping Law
Cyber Law
LAW 425 Cyber Law
LAW 426 Legal Informatics
B: ECONOMIC LAWS
Economic Laws
LAW 331 Banking and Securities Law
LAW 332 Laws on Foreign Exchange Investment and Anti-money Laundering
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Recovery and Taxation Laws
LAW 433 Public Demand Recovery and Money Loan Court Act
LAW 434 Taxation Law including Customs and VAT
LAW 435 Labor and Industrial Law
C: LEGAL PHILOSOPHY, RIGHTS AND DISPUTE RESOLUTION
Philosophy of Law
LAW 341 Comparative Law
LAW 342 Legal System and Institutions
LAW 343 Criminology and Penology
Law of Rights and Dispute Resolution
LAW 344 Alternative Dispute Resolution (ADR) and Arbitration
LAW 345 Women, Law and Legal Protection
LAW 346 Environmental Law
LAW 447 Human Rights
LAW 448 Administrative Law
D. ESTATE MAINTENANCE AND SUCCESSION LAWS
Inheritance Laws
LAW 351 Hindu Law and Succession
LAW 352 Succession, Social Policy and Law Reforms
Estate Maintenance Laws
LAW 353 Law of Town planning and Environment
LAW 453 Construction Laws
E. OTHERS
Students may also opt for independent seminar course or write a substantial paper on topics
related to any of the groups of specialised elective courses.
142
d) Courses outside Major for Law Students
Courses outside Major: 27 Credits
For courses outside major students will be encouraged to pursue basic introductory courses from
any discipline that would adequately prepare him/her to continue with major law courses
afterwards. Students may also take introductory "Social Law Courses" (please see below) of the
school itself but with prior consultation with academic advisors and the Chairperson of the
School.
e) Minor program
Courses for doing Minor in Law [from other Departments]: 27 Credits
[All courses are compulsory]
LAW 101 The Jurisprudence of Legal Concepts and the legal system of Bangladesh
LAW 102 Obligations: Contract Law
LAW 103 Delict: Law of Tort
LAW 104 Constitutional Law
LAW 202 Muslim Family Law and Reforms
LAW 203 Property Law and Transfers
LAW 302 Criminal Law
LAW 303 Company Law
LAW 304 International Law [Public]
LAW & SOCIETY
The School of Law is planning to offer following "Social Law Courses" open for any student of
BRACU. Students from any discipline (including law) may opt to pursue such courses as outside
major courses to obtain the required amount of credits for their graduation. The courses include:
Introduction to Bangladesh Legal System
Contractual Rights and Civil Wrongs
Introduction to Property Law
Human Rights and Law
143
Women and the Law
Introduction to Labor Rights
Introduction to Bangladesh Constitution
Right to Environment and Law
Law and Development
Consumers' Rights and Law
Introduction to Criminal Law
Bangladesh Securities Market Law
Copyright © BRAC University, All rights reserved.
BACHELOR OF LAWS [LL. B. (Hons.)]
LAW 101: The Jurisprudence of Legal Concepts
The course will discuss the conceptual framework of contemporary systems of private and public
law, including general theories of rights, duties and powers. In this context certain main
institutions of law will be considered such as property, ownership and possession; contract and
promising; legal personality, delict, negligence and risk; responsibility and punishment, evidence
and procedure; rights and right creation. In each case there will be consideration of the extent to
which particular legal or social values are presupposed by or flow from particular institutions. To
understand legal system of Bangladesh and hierarchy of courts, their constitution and function
with power and jurisdiction, Code of Conduct and Ethics as prescribed by the Bangladesh Bar
Council.3 credits
LAW 102: Obligations: Contract Law
This involves the law of voluntary obligations, contract and unilateral promise. The essential
elements for the formation of a contract; vitiating elements of Contract-Coercion, Fraud,
Misrepresentation, Undue influence and Mistake; Contractual Capacity; Forms of Consideration;
Types of contracts in terms of validity and operation; agreements expressly declared void under
144
the law; nature of Quasi Contracts/law of unjust enrichment; dissolution of contracts; remedies
for breach of contract are all topics that will be covered under this subject.3 credits
LAW 103: Delict: Law of Tort
The topic covers the nature and scope of the Law of Tort, general conditions of liability, general
defenses, general remedies, parties to an action in tort, remoteness of damage. Specific torts:
Trespass to the person, goods and land; malicious prosecution, defamation, negligence, nuisance,
vicarious liability, strict liability, liabilities for dangerous land and structures. Remedies in torts;
specific restitution-Injunction and damages. 3 credits
LAW 104: Constitutional Law
Introduction-Conception and elements of State-Definition, scope and nature of Constitutional
Law-contents and classification of Constitutions. General theories of Constitution-classification
of Constitutions, Supremacy of the Constitutions. Conventions of the Constitution-Ministerial
responsibility-Sovereignty of Parliament-Theory of separation of powers-Rule of Law compared
with Administrative judiciary. Fundamental Rights and Principles-Fundamental Principles of
State Policy and their purpose. The Executive. The Legislature. Unconstitutional legislation-
Ministerial responsibility-Parliamentary sovereignty. The Organization of judiciary, Jurisdiction
and powers of the Supreme Court and its Divisions Superintendence and control over lower
courts, separation of power, independence of Judiciary. Administrative Tribunals. The Services of
Bangladesh-establishment of Service Commission-function of the Commission.3 credits
LAW 201: Equitable Principles and Specific Relief
The course covers the origin and development of equity, equity and its relation to law, equity
under Roman legal system, incorporation of Equitable principles in Bangladesh legal system, the
general nature of equitable principles and remedies. The maxims of equity, election, satisfaction,
redemption, equitable relief in contracts. Recovery of possession of immovable property, suit by
person dispossessed, specific performance of Contract as a Specific Relief, contracts that can be
specifically enforced and which cannot be specifically enforced. Persons for and against who
contract may be specifically enforced. Discretion and powers of court. Rectification of
instruments, recession of contracts. Cancellation of instrument. Declaratory decrees as Specific
Relief, preventive relief, perpetual injunction, and mandatory injunction, injunction to perform
negative agreement.3 credits
Prerequisite: LAW 102
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LAW 202: Muslim Family Law and Reforms
Legitimacy-Guardianship-Maintenance-Gift-Will-Wakf-Preemption-inheritance (Hanafi & Shia)-
Statutory Laws-The Shariat Application Act, 1937. Dissolution of Muslim Marriages Act, 1939.
The Child Marriage Restraint Act, 1929-Muslim Family Law Ordinance, 1961. The Muslim
Marriages and Divorces (Registration) Act, 1974; Dowry Prohibition Act, 1980; Family Courts
Ordinance, 1985.3 credits
Prerequisites: LAW 102
LAW 203: Property Law and Transfer
The Legal rules regulating the acquisition, transfer both voluntary and involuntary and
restrictions on the exercise of rights in property: heritable and moveable, corporeal and
incorporeal:with particular emphasis on the effectiveness of the present rules in meeting the needs
of modern society. General rules governing the transfer of movable and immovable properties by
act of parties. Vested and contingent interests, transfers with conditions. Doctrine of election,
doctrine of lis:pendens, fraudulent transfer, doctrine of Part Performance, sale of immovable
properties, mortgages, different kinds of mortgages, foreclosure, redemption. Doctrine of
marshalling, contribution, subrogation and priority. Charges, leases, exchange, gifts and transfer
of actionable claims.3 credits
Prerequisites: LAW 101, LAW 201
LAW 204: Law of Registration and Limitation
Preliminary, registration establishment, registerable documents, time of presentation, place of
registration, presentation documents for registration, presenting wills and authorities to adopt,
deposit of wills, effects of registration and non:registration, duties and power of registration
officers, refusal to Registrar, fees for registration, searches and copies, penalties and
miscellaneous. Limitation and prescription, object interpretation and application of statutes of
Limitation, wavier of limitation, limitations of suits, appeals and applications, computation of
period of limitation, grounds of exemption from extension of period of limitation, suspension of
limitation, acquisition of ownership by possession, acquisition of easement rights, limitation in
suits for recovery of land.3 credits
Prerequisites: LAW 102
LAW 205: Business Law
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A study of legal environment of business in Bangladesh excluding Law of Contract and Labour
and Industrial Laws. The study comprises details relating to Law of Partnership, Bailment and
Agency, Sales of Goods and Law of Bankruptcy.3 credits
Prerequisites: LAW 102
LAW 301: Agricultural Law and Reforms
The law affecting the use of land for agriculture in Bangladesh; the law of landlord and tenant as
it affects agricultural and small:holdings, with particular reference to the main features, and
interpretation, of the relevant legislation. Evolution of tenancy-from ancient period to the passing
of The State Acquisition and Tenancy Act, 1950. Who is or who is not a rent:receiver; Special
provisions for the acquisition of interests of certain rent:receivers: Special provisions regarding
lands held in lieu of service; Preparation of record of rights:assessment of compensation;
Provisions relating to arrears of revenue, rent and leases; Incidents holdings of raiyats, and
transfer, purchase and acquisition of lands; provisions as to enhancement and reduction of rent;
amalgamation, sub:division and consolidation of holding; Maintenance of the record of rights;
Jurisdiction:Appeal, Revision and Review. Classes of non:agricultural tenants, tenants, under
tenants, provisions as transfer of a non:agricultural land, improvements, other incidents of
non:agricultural tenancies, judicial procedure. 3 credits
Prerequisites: LAW 203, LAW 204
LAW 302: Criminal Law
General principles of responsibility for crime, essential elements of crime, guilty mind, actus reus
and mens rea; defenses and mitigating factors. Grounds of exemption from criminal
responsibility, joint liability, abetment and attempt of offences. Specific offences under Penal
Code: Offences against the State and other public interests. Offences affecting the human body.
Offences against the property and other interests of the individual. Punishment: Its objects and
limits. Special criminal laws will also be discussed.3 credits
Prerequisites: LAW 101, LAW 104
LAW 303: Company Law
The theory and principles of company law, including the meaning and consequences of
incorporation, it is advantages and disadvantages, the ultra vires doctrine, the concept of capital,
the company's organs and agents and its liability for their actions, the rights and obligations of
directors and shareholders inter se and the protection of minorities, the formation and flotation of
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companies, the nature and classification of company securities, publicity, accounts and audit,
meeting and resolutions, reconstructions and amalgamations, liquidation.3 credits
Prerequisites: LAW 102, LAW 205
LAW 304: International Law [Public]
Sources of International law, relation to municipal law; law of territory, the sea, air and outer
space; jurisdiction; privileges and immunities of states; international organization and their
representatives; individuals in international law; nationality, aliens, human rights, extradition; law
of treaties; international responsibility of states and international organisations; settlement of
disputes; role of international institutions; use of force by states and international institutions; law
of war and neutrality.3 credits
Prerequisites: LAW 101
LAW 305: Principles of Civil Procedure
Procedural and Substantive law-organisation of Civil Courts in Bangladesh, scope and
application of the Civil Procedure Code, structure of the code. Inherent power of the courts, Code
not exhaustive, Suits and other Civil proceedings. Jurisdiction of Courts, Institution of suits and
proceeding, place of suits, Parties to suits, Service of summons of defendant, recognized agents
and advocates, examination of parties, discovery, Admission, Framing of issues and
interrogatories, Hearing of suits. Default of appearance and failure to prosecute. Stay of suits,
Stay of Suits, Resjudicata. Bar to further suits, execution of decrees and orders, Incidental and
supplemental proceeding, special procedure in particular classes of suits Pauper suits, Inter-
pleader suits, Appeals from decrees and orders, Review, Revision and Reference Temporary
injunction, withdrawal and adjustment of suits, commission, arrest and attachment before
judgment, Appointment of receivers. Appeals to the Supreme Court of Bangladesh.3 credits
Prerequisites: LAW 101, LAW 104, LAW 201
LAW 306: Evidence
Development, scope and function of the law; necessity of proof, relevancy of facts, mode of
proof, production and effect of evidence, improper admission or rejection of evidence.3 credits
Prerequisites: LAW 302, LAW 305
LAW 307: Laws on Insurance
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Evolution-historical sketch, nature of the concept of insurance, governing laws, formation of the
contract. Basic features / characteristics of contract of insurance. Provisions of fire insurance-
Assignment of fire policies, when valid-(refer to the provisions of Secs. 49 and 135 of the
Transfer of Property Act 1882), 'Average Clause' in fire policies and its effect, 'average formula'
and its application. Types of fire policy-Specific policy, Comprehensive policy, Valued policy,
Floating policy, Replacement or Re-instatement policy. Provisions of marine insurance. Basic
characteristics of marine insurance, Classification of marine policies, various "clauses" in marine
policies: Liability of Underwriter. Marin loss-Partial and Total loss, Actual total loss and
Constructive total loss. Notice of abandonment, when required. Provision of life insurance.
Miscellaneous/liability insurance. Provisions applicable to Insurers/underwriters/insurance
Company. Bankruptcy and its effect on insurance claims. Concept of Re-insurance and Double
insurance.3 credits
Prerequisites: LAW 102, LAW 205
LAW 308: Criminal Procedure
Constitution, jurisdiction and powers of criminal courts, arrest, bail, provisions as to bonds.
Prevention of offences, unlawful assembles; investigation and inquiry, charge, trial of summons
case, warrant cases and session cases. Summary trials, judgment, acquittal and conviction.
Appeal, reference and revision.3 credits
Prerequisites: LAW 302
LAW 401: Conveyancing and Legal Writings
Conveyancing-as an art of effecting transfers. Short history of conveyancing-Deedpoll, Indenture
and Grant. Ownership of land and soil (Indian concept)-Absolute ownership. Conveyancing in
British India, capacity of conveyancing, transfers by limited owners, disqualified transferee,
unborn persons, fiduciary relations between the parties, operation and restraint on transfer.
Essence of drafting, requisite of Deed of Transfer-in general, registering office, time limit of
presentation of documents, enforcing one to register.3 credits
Prerequisite: LAW 203, LAW 204
LAW 402: Legal Research and Methodology
To associate and induct students into the culture of research work and to provide a framework in
which they can develop their individual skills and talents in a stimulating research environment.
Students would be exposed to variety of literature which explores the setting up of research
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projects, the definition of research questions, techniques for research, analysis, the development
of conclusions and findings, and writing-up styles in general. To provide students with practical
experience in the planning and execution of a small research project as well as the research
literature towards a supervised Dissertation Paper. In the beginning of the 4th year, Semester VII,
students would have to choose and decide the topic for their Dissertation Paper and find a
Supervisor in consultation with faculty administration. The Supervisor would provide necessary
scholastic support and guide to the student to accomplish and achieve the goals of presenting a
decent paper. It is required that in preparing the Dissertation Paper students must adequately
demonstrate research skill and legal acumen that is expected of him as a senior student of law.3
credits
LAW 403: Moot Court Sessions
Mock trials would be arranged based on hypothetical facts and cases, both in criminal a civil
matters, with a view that students may acquire practical knowledge on customary behaviours of
lawyers in court-room and other associated professional ethics that is expected of a lawyer of
good standing. In mock trials real life situations would be created-Viz. the counsel / lawyer /
Advocate of both sides would properly be dressed in accordance with the norms and practice,
retired Judges of the High Court Division of the Supreme Court of Bangladesh would be invited
to act as a Judge to preside over the mock trial sessions, replica witnesses be created in terms of
the facts of the cases to depose and be examined and cross-examined by the counsel / lawyers of
both the sides, so that art of examining and cross-examining of witness and rules prescribed
thereto be demonstrated and practiced. The moot-court sessions would immensely help the young
budding lawyers of Bangladesh, who normally feel shy in the beginning of their practicing life,
and often get disinterested in practicing law in the court.3 credits
LAW 404: Law of Trusts and Codicils
Origin and development of trust, trust distinguished from other legal relationship. Classification
and kinds of trust; creation of trust, the office of trustee, rights, powers and discretion of trustees,
duties and disabilities of trust. Liability for breach of trustee and remedies of the beneficiary.
Wills and its characteristic, kinds of will, wills in Mohammadan Law. Capacity to make a will,
Capacity to take under a will, what may be bequeathed, probate and letters of administration,
bequest to unborn persons, will in favour of a female, estates unknown to Hindu Law, power of
appointment, direction of accommodation and construction of wills.3 credits
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ELECTIVE LAW COURSES
LAW 322: Intellectual Property Law
The law of intellectual property, copyright, patents, designs, trade marks, passing off, confidential
information and other forms of intellectual property in the law of intellectual property.3 credits
Prerequisites: LAW 203, LAW 304
LAW 423: Maritime Law and Carriers
Common carriers, carriage by Railways. Carriage by air, law relating to air carriage, Warsaw
convention and the Hague protocol, the documents of carriage, rights and duties, international
carriage by air, internal carriage by air, the procedure of realizing damages. Carriage by sea, the
contract of affreightment, charter party, the bill of lading, is the bill of lading a negotiable
instrument? Differences between a Charter Party and a Bill of Lading, implied warranties, duties
of a carrier by sea, liabilities of a carrier by sea, certain terms, average.3 credits
Prerequisites: LAW 102, LAW 304, LAW 307
LAW 424: Inland Shipping Law
Registration and survey, inland ships to be surveyed and registered, powers of surveyors and
registrars, grant of certificate of survey, duration of certificate of survey, power of government to
direct survey by more than one surveyor, ownership acquired outside Bangladesh to be reported
to registrar, ships when altered are to be registered, manning examination and certification-
categories of inland ship, manning of inland ship, suspension and cancellation of certificate.
Shipping casualties-Shipping causalities and report thereof, inquiry trial of offences. Constitution
of a Marine Court, procedure of trial, arrest of witnesses, special powers of courts. Protection of
vessels and passengers, effect further plying without route permit, timetable and printed ticket,
voyage during storm, signal, measures for protection against explosion, fire. Carriage of
dangerous goods, maximum and minimum fares and freights. Penalty and procedure, trial of
offences, trial of offences by the Magistrate of the Maritime Court, Recovery of fine by distraint.
Rules to regulate the carriage of passengers inland steam-vessels, Rules to regulate the towing
and speed of inland steam-vessels, Rules for the protection of inland steam and motor-vessels
from danger by collision.3 credits
Prerequisites: LAW 102, LAW 307
LAW 425: Cyber Law
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The course would be divided into several modules covering Introductory Concepts, Computer
Concepts, Electronic Signatures, Intellectual Property Issues, Cyber Crimes, Jurisdictional issues,
Data Protection and privacy. The syllabus of the course would be divided into sessions, which
would be clubbed together to facilitate the student's ease of studying and understanding.3 credits
LAW 426: Legal Informatics
The course would enable students to become familiar with 'Information Technology in the arena
of Law' and would denote the entire interaction between Law and IT. The course would consider
the possibilities for the use of IT by lawyers and the impact of IT on legal practice. Attempted
would be made to briefly introduce the students to the issues behind the concept of legal
informatics--a field that addresses the application of information technologies in the practice of
law. To find out how the traditional roles of attorneys, law librarians, and systems personnel in
law offices are being re-defined in an increasingly networked, electronic environment. Students
would be exposed to the most current electronic technologies that are used to enhance the
functions of litigation and issues arising from their use, and would encompass topics, such as
Litigation support / imaging, Electronic filing, Brief banks, form files, and in-house research
banks (how to use technology to help avoid re-inventing the wheel) and Telecommuting or
bringing your network with you on the road. 3 credits
LAW 331: Banking and Securities Law
Laws of Banking in Bangladesh, Relation between banker and customer. Customer's Accounts,
Special Types of Banker's Customers, Negotiable Instruments, Cheques, Payment of Cheques,
collection of Cheques, loans and advances. Secured advances. Modes of creating Charge. Secured
advances, Types of Securities. Letters of Credit and Guarantees. Business of Banking Companies,
Illegal banking transactions-the powers of Bangladesh Bank, prohibition of certain activities by
the Banking Companies, suspension and winding-up of banking Companies and others. Historical
Background of Securities Law-British India prospective, Power of Securities Exchange
Commission (SEC), regulation on issuance, prohibitions and restrictions. Constitution and
functions of Securities and Exchange Commission. Stock Exchange Rules. Concept of insider
trading-Chinese walls, positions in USA, UK and Bangladesh. Different relevant Rules and
Regulations.3 credits
Prerequisites: LAW 102, LAW 205, LAW 303, LAW 307
LAW 332: Laws on Foreign Exchange, Investment and Anti-money Laundering
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Specific laws regulating payments and dealings in foreign exchange, securities and import and
export of currency / bullion. Laws providing promotion and protection to foreign (private)
investment in Bangladesh, duties of the Bangladesh Bank to restrain/control and protect money-
laundering offences-right of investigation. Constitution and powers of Money Laundering Court-
right of passing confiscation an freezing orders, appeals against such orders, punishment for
money laundering offences.3 credits
Prerequisites: LAW 102, LAW 205
LAW 433: Public Demand Recovery and Money Loan Court Act
Preliminary, filing, service and effect of certificates and hearing of objections thereto. Executions
of certificate attachment, sale, setting-aside sale disposal of sale proceeds. Arrest, detention and
release. Reference to civil court, supplementary provisions. Constitution, power and jurisdiction
of money loan court. Filing of suits, rules and method of trial, Settlement conference-mediation.
Appeal and revision, miscellaneous.3 credits
Prerequisites: LAW 201, LAW 203, LAW 204, LAW 301, LAW 305
LAW 434: Taxation Law including Customs and VAT
An introduction to the law of direct and indirect taxation as applied to Bangladesh, objectives of
fiscal policy in developed and undeveloped economy, compensatory fiscal policy, contra cyclical
fiscal policy, crowding out effect, automatic stabilization, Limitations of fiscal policy in
Bangladesh. Public and private finance, importance of public finance, causes of growth of public
expenditure in modern firms-its related theory, effect and limits of Government expenditure,
objectives and principle of taxation, good tax system, canons of taxation, characteristics,
classifications of income and their effects, exemptions. Income year, assessment year,
assessment, reassessment, advance payment proceedings, set off and carry forward for losses, tax
evasion and tax avoidances. Income tax authority, methods of computing income and allowable
deductions under each head. Law of gift tax. Law of wealth tax. Particular emphasis would be
placed on the law of Fiscal measures, income-tax, gift tax and value added tax on goods and
service.3 credits
Prerequisites: LAW 203
LAW 435: Labour and Industrial Law
Definition of Worker, formation of the contract of service, conditions of employment and
classification of workers, leave and holidays, stoppage of work, lay off, retrenchment, fine,
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discharge, dismissal, punishment Procedure, termination of employment, grievance procedure,
penalties and procedure. The Law of Trade Unions: Role, function and utility of trade unions,
rights and privileges of registered trade unions and collective Bargaining Agents, unfair labour
practices. Settlement of disputes: Origin of labour legislation, right to strike and lockout,
industrial disputes and their settlement through negotiation, conciliation, arbitration and by
Labour Courts, constitution, function and power of Labour Courts and the Labour Appellate
Tribunal. Fixing of right to wages, payment of wages, deductions and claims. Factories Law:
Early factory legislation, health, hygiene, welfare, working hours, overtime employment of young
person and female, leave and holidays Penalties. Shops and Establishment Law: Working hours,
leave and holidays, provision for health and hygiene, penalties. Workmen's Compensation:
Accidents and diseases, fatal accidents, employers' liability for compensation and the procedure
for its determination, the functions of the commissioners.3 credits
Prerequisites: LAW 102, LAW 205
LAW 341: Comparative Law
Nature, classification, origin and development of comparative law, importance and utility of
comparative law, weakness of comparative law, comparative law and conflict of laws, major legal
systems, comparison between organizations and systems of courts in common law and civil law
countries, comparative approach to the sources of law.3 credits
Prerequisites: LAW 101, LAW 305, LAW 308
LAW 342: Legal Systems and Institutions
A critical introduction to the legal system of the than British India and Bangladesh, and to the
study of law more generally in its historical, philosophical and social context. Its coverage
includes legal theory, legal reasoning, the judicial process, law and justice, the sources of law,
legal history, the administration of justice, jurisdiction and procedure. The Charter Act of 1833:
Law commission; codification: Influence of English law in India. Introduction of the doctrine of
equity, justice and good conscience, the Gentoo code. Customary law and codification. Personal
laws of Muslims and Hindus. The Indian High Courts Act 1861. Constitutional Acts 1861-1947.
Growth of legal profession in India before 1947. History of the Privy Council and its necessity.
The Federal Court.3 credits
Prerequisites: LAW 101, LAW 104, LAW 304
LAW 343: Criminology and Penology
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The course will develop students' knowledge of law and legal systems with respect to criminal
law enforcement. The legal context will be studied in relation to its broader social and cultural
embeddedness. The Science of Criminology: Criminology and criminal law, perspective and
methods in criminology, physiological and racial factors and crime, Psychological theories of
criminal behavior, social factors and crime-influence of home and family, social and religious
instruments of crime, causes of crime-viewing the problem as a whole. The control of crime: The
nature of punishment and the penal system, the treatment of criminals in borstal, the approved
schools, probation, detention before trial, parole, the Juvenile Court, prison training, prevention
of crime and delinquency.3 credits
Prerequisites: LAW 302, LAW 308, LAW 101, LAW 306
LAW 344: Alternative Dispute Resolution (ADR) and Arbitration
Concept of Alternative Dispute Resolution (ADR). Origin and development, ADR concept in
British India. Different advantages of ADR in contrast to litigations. Factors necessary for its
success. Alternative Dispute Resolution (ADR) and court system. ADR techniques-negotiation,
mediation / conciliation, mediation-arbitration (MED-ARB), mini-trial, arbitration, first track
arbitration etc. Arbitration-advantages, implied provisions in an Arbitration, powers and duties of
an Arbitrator, Award and Enforcement of award, settings-aside an award. Arbitration superseded
by the court. Appeal. Dispute resolution within and outside court-US experiences. International
mediation-UK experiences.3 credits
Prerequisites: LAW 305, LAW 101
LAW 345: Women, Law and Legal Protection
In our society women have become a marginalised section of the human population. In many
instances their functions have been relegated to mere procreation and attending to household
chores. Her life is so structured that she has become sub-servient to the needs of man and has
become a victim of social and personal aggression, even in the era of equality of sexes, equality
before law and equal protection of laws through constitutional guarantees. It is ironical that
cruelty to the women and problem of battered wives have become almost a worldwide
phenomenon. Domestic violence occurs all over the world on a significant and disturbing scale.
In the context of the above scenario the course will deal with the social and legal status of
women, enactments and laws that ameliorate their lot and prevent exploration and
discrimination.3 credits
Prerequisites: LAW 101, LAW 104, LAW 202, LAW 302, LAW 306, LAW 308
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LAW 346: Environmental Law
An introduction to the law (in international and national perspective) related to the protection of
the environment. Emphasis is placed not only on selected subject areas (e.g. nature conservation,
integrated pollution control) but also on the study of different strategies of environmental
protection and their enforcement. International Developments-International environmental legal
issues-regional environmental developments-international environmental institutions.3 credits
Prerequisites: LAW 103
LAW 447: Human Rights
Concepts, development of international human right law, international human rights instruments,
regional human rights instruments. Role of Non-Governmental Organization (NGOs), in the
promotion of human rights with special reference to Bangladesh.3 credits
Prerequisites: LAW 101, LAW 304
LAW 448: Administrative Law
Administrative Law-Definition, nature, scope, causes of growth with special reference to
Bangladesh. Droit Administratif. Important concepts in Administrative Law-Concepts of Rule of
law, Concept of Natural Justice, doctrine of Ultra Vires, concept of public interest litigation.
Administrative action-Classification-Quasi-legislative Action, Quasi-judicial Action, Purely
Administrative Action, Control mechanism, Judicial Review-principles and modes.
Administrative Discretion, Administrative Arbitrariness. Liability of Administration-Liability of
Administration in Tort and Contract, Privileges and immunities of Administration in suits,
Immunity from state operation and estoppels, other privileges. Statuary Public Corporations-
Chief characteristics, liability in Tort and contract, rights and privileges, control mechanism.
Administrative fault-Special Remedies. Tribunals, ombudsman, discretion to disobey.3 credits
Prerequisites: LAW 101, LAW 305, LAW 103, LAW 102
LAW 351: Hindu Law and Succession
Origin, sources and operation of Hindu law, schools of Hindu law, persons governed by Hindu
law, the Doctrine of Factum Valet. Joint family, Dayabhaga joint family, Debts-grounds of
liability, debts under the Dayabhaga law, Partition-how partition is affected. Women's estate.
Marriage, divorce, succession, adoption and maintenance.3 credits
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LAW 352: Succession, Social Policy and Law Reforms
Law of inheritance in personal laws, amendments and reforms thereto and its effects on social
policy.3 credits
Prerequisites: LAW 202, LAW 203
LAW 353: Law of Town Planning and Environment
Rules in relation to town planning and land development, establishment of RAJUK, its power and
functions, introducing improvement scheme and re-housing scheme along with power of
acquisition, disposal of land and compulsory acquisition, its effect on environment.3 credits
LAW 453: Construction Laws
Law relating to construction of building in Bangladesh, restrictions and requirement thereon,
under the Building Construction Act 1952 and amendment thereafter in 1990 along with Building
Construction Rules 1996.3 credits
Prerequisites: LAW 203
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