Legal System of Bangladesh

 

  Legal System of Bangladesh

 

Introduction to law and legal system of the world, Civil law legal system, Common law legal system, Religious law legal system, Socialist law legal system, and Pluralistic law legal system, Branches of Law: Substantive Law, Procedural Law, Public Law, Private Law, Civil Law, Criminal Law, International Law, Commercial Law etc.; Sources of law, How laws are made, amended and repealed? Supreme Legislation: Delegated Legislation; Judicial Precedent; Interpretation of law and Statutes; Historical Background of the Legal System of Bangladesh: Hindu Period, Muslim Period, British Period, Pakistan Period; Structure of the Court System of Bangladesh; Higher Courts or Judiciary and Lower Courts or Judiciary, Jurisdiction of the different Courts; Special Courts and Tribunals; Civil Proceedings: Features, Different Stages; Criminal Proceedings: Features, Different Stages; Appeal, Revision, Review and Reference: Definitions, General rules, Differences; Masder Hossain Case and Independence of Judiciary; Contempt of Court, Law Enforcement: Role of police, Courts, Government Departments and Citizens; Legal Profession, Enrolment of Advocates; Canons of Professional Conducts and Etiquette, Public Interest Litigation, Legal Aids in Bangladesh, – Statutory Provisions and its effectiveness, Role of NGOs. The Bangladesh BAR Council, Bar Associations, Legal Education and Training Institute (LETI), Bangladesh Judicial Service Commission;    

Relevant Laws:  

  1.  
    1. The Constitution of the People’s Republic of Bangladesh
    2. The Code of Criminal Procedure, 1898
    3. The Code of Civil Procedure, 1908
    4. The Bangladesh Penal Code, 1860
    5. The Administrative Tribunal Act, 1980
    6. The Family Court Ordinance, 1985
    7. The Village Court Ordinance, 1976
    8. The Civil Courts Act, 1887
    9. The Evidence Act, 1872
    10. Bangladesh Legal Practitioners and Bar Council Order, 1972  

Books Recommended:

  1. Outlines of Indian Legal History by M. P. Jain
  2. Landmarks in Indian Legal and Constitutional History by V D Kulshrestha
  3. Constitutional History of India by A.C Kapur 
  4. Legal System of Bangladesh by Azizul Hoque
  5. Legal System of Bangladesh by Dr. Mafiizul Islam Patwari
  6. Legal System of Bangladesh (3rd Edition) by Barrister Abdul Halim
  7. Delay in Court Procedure by M. Zahir
  8. Legal and Constitutional History of India (Vol.  II) by M. Rama Jois
  9. Indian Legal History by J.K. Mittal

10.  Independence and Accountability of Judiciary: A Critical Review by Dr. Sarkar Ali Akkas 

11.  Administration of Justice in Bangladesh by Kazi Ebadul Hoque

12.  Evolution of the Supreme Court of Bangladesh by Badrul Haider

13.  Encyclopedic Compendium of the Laws of Bangladesh by Dr. Borhan Uddin Khan and Quazi Mahfuzul Hoque Supan

14.  Administration of Justice during Muslim Rule in India by Wahed Husain

15.  Mughal Administration by Sir Jadu Nath Sarker  

16.  Legal System of Bangladesh after Separation by Abdul Halim and N. E. Siddiki

17.  Evolution of Legal Administration of Justice and Constitution of Bangladesh by Md. Shafiqur Rahman

18.  Legal System of Bangladesh by Dr. Ansar Ali Khan

19.  Constitutional Law of Bangladesh (2nd Edition) by Mahmudul Islam

20.  Bangladesh Code: www.minlaws.gov.bd / www.bdlaws.gov.bd    

Leading Cases:

 

  1.  
    1.  
      1. Don John Francis Dougles Liyanage V. The Queen (1967) 1 AC 259
      2.  Marbury v Madison (1803)
      3. Asma Jilani V. Govt. of Pakistan and Others PLD 1972 SC 139
      4. S.P. Gupta V. Union of India AIR 1982, SC 149 
      5. Anwar Hossain Chowdhury V. Bangladesh 41 DLR (AD) 165
      6. Secretary, Minisry of Finance V. Masdar Hossain 2000 52 DLR (AD) 82
      7. Dr. Mohiuddin Farooque V. Bangladesh 49 DLR (AD) 1997
      8. Supreme Court Bar Association V. Union of India (1998) 4 SEC 409
      9. Maneka Gandhi v. Union of India (1978) 1 SCC 248
      10. Professor Nazrul Islam V. Bangladesh 52 DLR 413
      11. Case of Nandkumar, 1775  

 

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)

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