Law-1202. Constitutional Law. 3. Law-1203. Fiscal Laws of Bangladesh. 3. Law-
1204 ..... Semester. 5. Law-1201: Law of Equity, Trust and Specific Relief.
International Islamic University Chittagong Department of Law
2-Year Bachelor of Laws (LL.B Pass) Syllabus First year 1st Semester: Course Code Law-1101 Law-1102 Law-1103 Law-1104 Total
Course Title Jurisprudence Law of Tort & Contract Islamic Jurisprudence & Muslim Law Roman and Hindu Law
Credit hour 3 3 4 3 13
2nd Semester Course Code Law-1201 Law-1202 Law-1203 Law-1204 Law- 1205 Total
Course Title Equity, Trust & SR Constitutional Law Fiscal Laws of Bangladesh Commercial Law Islamic Law of Transaction & Banking
Credit hour 3 3 3 3 3 15
Second year rd
3 Semester Course Code Law 2301 Law-2302 Law-2303 Law-2304 Law- 2305 Total
Course Title Transfer of Property & Registration Land Laws of Bangladesh International Law Ethics in Legal Profession Labor & Industrial Law
Credit hour 3 3 3 3 3 15
4th Semester Course Code Law-2401 Law-2402 Law-2403 Law-2404 Law- 2405 Total Grand Total:
Course Title The Law of Crimes (Substantive) Law of Evidence & Limitation Code of Criminal Procedure CPC & PDR Professional Practice & Moot Court, Legal Drafting & Legal Literacy
Credit hour 3 4 3 4 3 17 60
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Bachelor of Laws (LL.B) 2-Years Syllabus (Details)
1st Year: 1st Semester 1. Law-1101: Jurisprudence Origin & Development, Definition, Nature, Scope and Utility. Schools of JurisprudenceAnalytical, Pure theory of Law, Historical, Sociological, Philosophical, Natural, Functional and Realistic. Law-Definition, Classifications, Law and Morals. Distinction between law and Morals, relationship between law & awards, Legal enforcement of morals, influence of morals on law, morals apart of law. State and Sovereignty-Concept of State, Elements of State, Functions, State and Law. Administration of Justice-Concept, origin and development, Civil Administration of Justice, Criminal Administration of Justice, Theories of punishment, Kinds of punishment, Secondary functions of Civil Courts. Sources of Law-Legislation, Precedent, Custom Agreement & Professional opinion. Law of Person-Definition, Kinds of Person, Legal status of Lower Animals, Unborn person, Dead person, Idol, Mosque, Government etc. Ownership and Possession-Definitions, Elements, Modes of acquisition, Kinds. Law of Liability and Obligation. Procedural Law. Substantive Law. Books Recommended: 1. P. J. Fitzgerald, M.A.: Salmond on Jurisprudence (Universal Law Publishing Co. Pvt. Ltd.12th ed. 2005-06). 2. G.W. Patton: A Text Book of Jurisprudence (4th ed. 1972). 3. V. D. Mahajan: Jurisprudence & Legal Theory (Eastern Book Company, Lucknow. 5th edition- Reprinted in 2003. 4. Dr. Hamiduddin Khan: Jurisprudence & Comparative Legal Theory (The Book Fair, Dhaka, 1st ed.1993, 2nd reprint, May 2004). 5. Jabhala Noshirvan H.: The Elements of Jurisprudence (C. Jamnadas & Co. Educational & Law Publishers, 24th ed. 2001).
2. Law-1102: Law of Tort and Contract Tort: 1. Origin, Development, Nature and Scope of Law of Tort 2. General Condition of liability 3. General defenses: Act of state, Judicial acts, Authorities of necessity, Works of necessity, leave and license, Inevitable accident, Mistake of fact, Exercise of common rights, Private defense, Plaintiff a wrong doer, acts causing slight harm 4. General Remedies: Judicial, Extra- Judicial 5. Parties to an action in Tort 6. Remoteness of Damages 7. Trespass to the person, goods and lands: Assault, Battery, Mayhem, False imprisonment, essentials, forms, defenses 8. Malicious prosecution 9. Defamation; Definition, Classification, Distinction, defenses 10. Negligence: Definition, Contributory negligence, Defenses, Law relating to contributory negligence 11. Nuisance : Definition, Public nuisance, private nuisance, laws as to nuisance generally, remedies, defenses 2
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12. Vicarious liability 13. Strict liability 14. Liabilities for dangerous land and structures. Books Recommended: 1. R.H Winfield: The Law of Tort.(Publisher- Sweet & Maxwell, 1975) 2. Salmond and Heuston: The Law of Torts( Publisher- Sweet And Maxwell universal law publishing Co. Pvt. Ltd., 1907) 3. Ratan Lal & Dhiraj Lal , Law of Torts.( Publisher-Wadhwa and company publishers, 1897) 4. A. B Siddique: The Law of Torts( Bangla).(Publisher- Kamrul book house,1984) 5. Durga Das Basu: The law of Torts(Publisher- Kamal Law House, 1982) 6. Philips S. James with D.J.L.Brown: General principles of the Law Torts( PublisherEngland Butterworth & Co. Ltd.,1959) 7. The Law of Torts: 9 Publisher- P.L.D. publisher, Lahore, Pakistan) 8. A.M. Choudhry: The Law of Torts( P.L.D. publisher, Lahore)
Contract: Origin & Development, Definition, Formation of contract, type of contract. Offer, Acceptance, modes of communication of offer and acceptance, terms and conditions of Contract, Exclusion clause in offer and acceptance, Invitation to treat, intention to make legal relationship, third party interest, Consideration. Capacity to make contract, Void and voidable contract, Improper modes of contract-Fraud, misrepresentation, coercion, mistake, undue influence, Discharge of contract-By performance, by breach, by frustration, by operation of law. Remedies of breach of contract, Damages, Injunction, Specific performance of contract, Quantum Meruit, Case Studies
Acts & Books Recommended: 1. 2. 3. 4. 5. 6. 7. 8.
The Contract Act- 1872 A. G. Guest: Ansons Law of Contract( Publisher- Oxford University press, 1969) D.F Mullah: Indian Contract Act Avtar Singh: Introduction to Law of Contract( Publisher- Eastern book company, 1978) Ewan MCkendrick: Contract law ( Publisher- Talukdar law book center) Contract Act: DLR ( Publisher- Esrarul Haq Chowdhury,1975) A. K. Shen: Law of Contract A. B. Siddique: Law of Contract( Bangla).( Publisher- Kamrul book house, 1986)
3. Law-1103: Islamic Jurisprudence and Muslim Law Islamic Jurisprudence: 1. Origin & Development, Islamic Jurisprudence definition, its nature, scope & application. 2. Grand norms of Islamic Law 3. Concept of law in Islamic Jurisprudence & Muslim Jurisprudence defenses between the two concepts. 4. Sources of Islamic: Quran, Sunnah, Ijtihad, Ijmaa and Qiyas 5. Pre Islamic customs and their influence on Islamic law 6. Schools of Thought in Islamic Jurisprudence and how they developed. 7. Classification of Islamic Law 3
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8. Meaning of Sharia, difference between Sharia & Fiqh. 9. Concept and Institution of fatwa & attributes of Mujtahids & Mufties & Fuqha. 10. Gradual development of Islamic Law from first Hijri year till today. 11. Contemporary development of Islamic Law in the Muslim Countries of the present day. 12. Short note on Ijtihad; Taqlid; Shia & Sunni Sects; Istihsan; Istislah; Illat; Iqtilaf; Milk; Vokalat; Istidlal etc.
Books Recommended: 1. Abdur Rahim: Mohammadan Jurisprudence, P.L.D Publishers, Lahore, 1911. 2. Imran Ahsan Khan Nyazee: Islamic Jurisprudence ( The Other Press, The International Institute of Islamic Thought, Islamabad, 2000) 3. Dr. J.A. Khan: Mohamedan Law, (Central Law Agency, 2004). 4. C.G. Weeramantry: Islamic Jurisprudence, (The Other Press, Malaysia 2001). 5. Dr. Hashim Kamali: Principles of Islamic Jurisprudence, (The Islamic Text Society of Cambridge, 1991). 6. Islamic Jurisprudence: Dr. Md. Anser Ali Khan, Hira Publications, Dhaka, First Edn. 2007. 7. Gaaji Shamsur Rahaman: Islamic Jurisprudence (Bengali) 8. Asaf. A.A.Fyzee: Outlines of Muhammadan Law, (Oxford University Press, 2004). 9. Amin Ahsan Islahi: Islamic Law Concept and Codification, (Islamic Publication Ltd. Pakistan 1989).
Muslim Law 1. 2. 3. 4. 5. 6. 7. 8. 9.
Origin & Development, Law relating to Marriage, Dower, Divorce Law relating to Paternity, Guardianship, Maintenance. Law relating to Gift, Will, Merzul- Maut Law relating to difference between Wakf & Trust. Pre-emption Administration of Estate of a deceased Muslim Principle of inheritance in Muslim Law Testamentary and intestate succession in Hanafi & & Shia Schools of Thought. Statutory Family Laws: (I) The Child Marriage Restraint Act-1929 (II) Dissolution of Muslim Marriages Act, 1939 (III) Muslim Family Laws Ordinance, 1961 (IV) The Muslim Marriage and Divorce (Registration) Act, 1974 (V) Guardian and Wards Act, 1890 (VI) Dowry Prohibition Act, 1980 (VII) Family Court Ordinance, 1985 & Case Studies.
Books Recommended: 1. D.F. Mulla: Principles of Mohammedan Law, M Hedayet Ullah & Arshad Hedayet Ullah (MM Tripathi PV. Ltd. Bombay, 19th Edition. 2. A.A.A Fyzee: Outlines of Mohammedan Law- Oxford University Press, 4th Edition. 3. Ameer Ali: Mohammedan Law 4. Syed Khalid Rashid: Muslim Law – 3rd Editions (Eastern Book Company, Lucknow, Reprinted in 2004). 5. Shaukat Mahmud/Nadeem Shaukat: Muslim Family Law, Legal Research Center, 1996. 6. Charles Hamilton: Hedaya 7. Abdul Matin: The Muslim Family Laws Ordinance 1961, Palak Publishers. 8. Shaukat Mahmud/ Nadeem Shaukat: Muslim Family Law, Legal Research Center, 1996. 4
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9. wewae× Bmjvgx AvBb, BmjvwgK dvD‡Ûkb, evsjv‡`k 2001 | 10. MvRx kvgmyi ingvb: Bmjvgx AvBb, Ajxcyi cÖKvkbx , 2001|
4. Law-1104: Roman and Hindu Law Group-A Roman Law Introductory Chapter: History, nature, superiority, value of Roman Law, Roman People, Sources of Roman Law Development of Roman Law: Periods, Twelve Tables, Reforms of Servius Tullius, Justinian’s Codification, Corpus Juris Civilia, Division of Roman Law Law of persons: Meaning of persons, Causes of slavery, legal position of slaves, Termination of slavery, Manumission, Nationality, patria potestas, Tutela and curea Justiae nuptiae, Dos, The Donatio propter nuptias, divorce Law of property: Classification of Rights, Ownership and possession, Acquisition of ownership, jura-in re-aliena, Servitude. Law of succession: Character, kinds of succession, Testate and Intestate succession, classes of heirs, institution of heirs Law of obligation: Contract and quasi Contract, classification of contract delict and quasi delict, Liability for animals. Law of actions and limitations: Civil procedure, legis actions, Appeals, Actions, Limitation of actions, Judgment, modes of execution of judgment Law of procedures: Criminal courts, trials, crimes, Group-B Hindu Law Introductory Chapter: History, nature, scopes and sources, Schools of Hindu Law, Doctrine of Factum Valet. Marriage: Definition, Object, Ancient Types of marriage, Elements of valid Hindu marriage, Dissolution. Adoption: Definition, Object, Ingredients, Adoption by widow, Adoption of only son, Adoption is called civil death and legal birth. Artificial Adoption. Minority and Gurdinanship: Meaning, Object, Definition of minor and guardian, Defacto and Dejure Guardian, General principles of inheritance: The Hindu succession Act-1952, Mitakharaw and Dayabhaga succession, Changes brought about the Succession Act, Disqualification of heirs, Classes of heirs Stridhan and Women’s property : Definition, various types of Stridhana, features, sources, rights over Stridhana, relevancy of Stridhana, Definition of women’s property, features, Distinction between Stridhana and women’s property Joint Hindu family: Meaning and object, Co-parcenary property, features of copercenary separate property, Manager, powers and functions of manager Debts: Definition, Debts under Mitakshara and Dayabhaga 5
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Partition and re-union: Meaning and object, under under Mitakshara and Dayabhaga, Suits for partition Gifts: Definition, elements for valid gift, subject matter, gift infavour of unborn,revocation Will: Definition, elements for valid will, subject matter, will infavour of unborn, revocation, distinction between gift and will Religious & Charitable Endowments: Definition, types, religious and charitable uses of property, Shebait, powers, functions, rights, duties of Shebait, Comparison with Mutawalli
Books Recommended: 1. 2. 3. 4.
W.W. Buckland: A Text-Book of Roman Law, Cambridge University Press, 1996. Dr. Lutful Kabir: Roman Law, Book Fair, Banglabazar, Dhaka, 2003 Satyajeet A Deshi: Mulla Principles of Hindu Law, Lexis Nexis, India, 2004 Sir Hari Singh Goura: Hindu Code (2 Volumes), Law Publishers (India) Pvt. Ltd., Allahabad, 1998 5. A. G. Gupte, Hindu Law, Premier Publishing Co., Allahabad, 2003 6. B. M Gandhi, Hindu Law, Eastern Book Company, 2003
1st year 2nd Semester 5. Law-1201: Law of Equity, Trust and Specific Relief A. Law of Equity: 1. Origin, history and development of Equity. 2. Nature and definition of Equity 3. Courts of Equity, Composition Power & Functions; 4. Fusion of Law & Equity 5. Maxims of Equity 6. Equitable Rights and Interests. 7. Classification of Equitable Rights, Specific Performance. 8. Difference Between legal and equitable estate. 9. Relation between Law & Equity 10. Application of Equity Jurisdiction in Bangladesh 11. Equity in Islam
B. Trust: 1. Definition, Origin & development of Trust 2. Nature of Trust 3. Classification of Trust. 4. Creation of Trust 5. Rules of three certainties. 6. Appointment of Trustee. 7. Duties and liabilities of Trustee 8. Rights and powers of Trustee. 9. Breach of Trust & Remedies thereof. 10. Disabilities of Trustee 11. Rights duties and liabilities of Beneficiary. 12. Removal of Trustee. 13. Extinction of Trust. 6
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C. Specific Relief: 1. Definition, Nature and Scope of Specific Relief. 2. Modes of Specific Relief. 3. Recovering Possession of Propertya) Recovery of Specific immovable properly. b) Recovery of Specific movable property. 4. Specific performance of contract. 5. Rectification of instruments. 6. Rescission of Contracts. 7. Cancellation of instruments/deeds. 8. Declaration / Declaratory Suits. 9. Injunctionsa) Temporary b) Perpetual c) Mandatory
Acts & Books Recommended: 1. 2. 3. 4. 5. 6. 7. 8. 9.
Trust Act, 1882 Specific Relief Act- 1877 as amended upto date. Sahwkat Mahmud: The Specific Relief Act. 6th Edition. PLD. MvRx kvgmyi ingvb: BKzBwU I Uªv÷ AvBb| B .M. Gandhi: Equity, Trust and Specific Relief, 3rd Edition, Eastern Book Company, Licknow D.D Basu: Equity, Trust & Specific Relief, 6th Edition, 1996, Kamal Law House, Calcutta. Aa¨vcK AvjZvd †nv‡mb: BKzwU I Uªv÷ AvBb| H.C. Johar: Mukharjee’s Community o Indian Trust Act- Kamal Law House, Calcutta, 2nd Edition, 1999. Aqil Ahmed: A Text Book of Equity (Equity, Trust and Specific Relief), Central Law Agency, Alahabad- 2.
6. Law-1202: Constitutional Law Fundamental concept of Constitution: Definition of constitutional law, sources of constitution, classification of constitution, basic features of written and unwritten constitution, constitution making process, amendment procedure of constitution, interpretation of constitution.
The USA Constitution 1. Background of the USA Constitutional i) Declaration of Independence ii) Socio-economic outlook of the USA constitutional farmers 2. Features of the USA Constitution (i) Federal Form of Government (ii) Separation of powers (iii) Judicial Review (iv) Written Character Constitutional Conventions (v) Rigidity (vi) Supremacy of the Constitution 7
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(vii) Bill of Rights (viii) Division of Powers (ix) Popular Sovereignty (x) Republicanism (xi) Presidential (xii) Dual Citizenship. 3. The Doctrine of separation of ponders and the principle of Checks and Balance. 4. The Executive i) The president of the USA ii) Election procedure of the USA President iii) Powers and functions of the USA President. iv) Relationship between the President and the Cabinet. v) Comparison between the powers and function of the President of the USA and the Crown of the UK. 5. The Legislature: The Congress (i) The House of Representatives (ii) Election of the Members of the House of Representatives (iii) Powers and functions of the House of Representatives (iv) The Senate (v) Election of the members of the Senate (vi) Powers and functions of the Senate 6. The Judiciary (i) Problems in studying American Courts (ii) Federal structure of US courts (iii) Necessity of federal court structure (iv) Law to be applied in case of federal jurisdiction of US courts (v) Federal jurisdiction of US courts (vi) Structure of the USA federal courts (vii) Composition of the court (viii) Courts of appeal (ix) Composition of the court (x) Function of the courts (xi) Appointment of the judges (xii) Supreme Court of USA (xiii) Composition of the court (xiv) Working of the court (xv) Jurisdiction of the court (xvi) Original jurisdiction (xvii) Appellate jurisdiction (xviii) Review jurisdiction (xix) Session of the court (xx) Appointment of the judges (xxi) State Courts in USA (xxii) Justices of the peace (xxiii) Municipal Courts (xxiv) County courts (xxv) Appellate court (xxvi) Supreme court of the state (xxvii) Appointment of judges in state court 8
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UK Constitution 1. Introduction to the Nature of the Constitution of the United Kingdom 2. History of the British Constitution 3. Characteristics of the Constitution of the United Kingdom 4. Sources of the Constitution 5. Constitutional conventions 6. Separation of powers 7. Parliamentary Supremacy 8. The Rule of Law 9. The European Community and the Union and the British constitution 10. The UK Parliament 11. Parliamentary privileges 12. The Cabinet and the Prime Minister 13. Ministerial responsibility 14. The British Crown 15. Judiciary in the United Kingdom Civil Courts in UK 16. Criminal Courts in UK. Books Recommended: 1. Constitutional law of Bangladesh- Mahmudul Islam: Mullick Brothers, Dhaka, 2002 2. Modern Constitutions- K.C. Wheare, Oxford University Press, Dhaka, 1975. 3. Select Constitutions- Anup chanp kapur, S. Chaorud & company Lte, Ramagar, New Dhali, 15th , 2001. 4. Bangladesh Constitution Trends and issues- Justice Mustafa Kamal, Dhaka University Publications Bureau- 2001. 5. The Constitution of the people’s Republic of Bangladesh- Justice Latifur Rahman, Mullick Brothers, Dhaka, 2004. 6. Rights of the citizen under the Constitution and law- F.K.M.A. Munim, The Bangladesh institute of Law and International Affairs, DACCA- 1975. 7. Constitutional Devolvement in Bangaldesh- Dilara Chowdhury, The University Press Limited, Dhaka- 1000, 1995. 8. evsjv‡`k AvBb, wePvi e¨e¯’v Ges mvsweavwbK µgweKvk- †gv: kwdKzi ingvb, BDwbfvwmwU cvewjkvm© (2q ms¯‹ib), 2004| 9. Constitution of the United State of America- M.A. Malik, P.L.O Publishers, 35 Nabha Road, Lahore, Pakistan, 1995. 10. The General principles of Constitutional law in the United State of America- Thomos M. Cooley, Hindustan Law Book Company, Calcutta, India, 14th edition, 1994. 11. Malaysia Constitution- Abdul Aziz Bari, The Dther Press, Kualalumpur, 2003. 12. MYcÖRvZš¿x evsjv‡`‡ki msweavb- AvBb wePvi I msm` welqK gš¿Yvjq- 2000 mv‡ji 31†k †g ch©š— ms‡kvwaZ| 13. Constitutional Remedies and Writs- Durga Das Basu, Kanal Law House Calcutta, 2nd edition, 1999. 14. Bangladesh: Constitutional Quest for Autonomy- Moudud Ahmed, University Press Ltd: Dhaka, Bangladesh. 9
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Bangladesh Constitution Historical Background of Bangladesh Constitution Indian Administration Act-1919, Indian Administration Act-1935, Indian Independence Act1947, Delaying process of Pakistan Constitution 1949-56, 1962, Sixth point formula, 1970 Election, Proclamation of Independence in 1971, Constitutional assembly and introducing of Bangladesh constitution. Preamble, Basic Structures of Bangladesh Constitution and the Eight Amendment Case; Supremacy of the Constitution; Fundamental Principles of State Policy, Fundamental Rights, Enforceability of Fundamental Rights, The Executive, Election, Power and Immunity of President, Impeachment of the President. Election of Prime Minister and Cabinet Ministers and their powers. Local Government; The Legislature; The Judiciary; Independence of the Judiciary and the Masdar Hossain Case Supreme Court and other courts, Appointment of judges, Tenures, Supervisory Power, Judicial Review Power, Advisory Power, Ombudsman, Election Commission, Public Service Commission; Amendment of the Constitution; The Amendments of the Constitution. Books Recommended: 1. Constitution of The People’s Republic of Bangladesh 2. M. Islam: Constitutional Law of Bangladesh 3. Barrister Maudud Ahmad: Quest Of Autonomy (UPL publication) 4. Barrister Maudud Ahmad: Era Of Sheikh Mujib (UPL publication) 5. Justice Mustafa Kamal: Bangladesh Constitution Trends and Issues 6. Constitution, Constitutional Law and Politics: Bangladesh Perspective-A Comparative Study of Problems in Bangladesh; Yusuf Publications, 1998.
7. Law-1203: Fiscal Laws of Bangladesh Laws of Income Tax as amended up to date: Definitions- tax, income tax, income, assessee, income year, assessment year. Residential status of Assessees and their liabilities. Classification of taxes- Direct tax, Indirect tax, Tax rate, Canons of taxation, Tax system of Bangladesh. Classification of Income- Assessable, Non-assessable, Tax credit, Tax free, Allowable deductions. Different heads of income- Salary, Securities, House property, Agriculture, Business & Profession, Capital gains, Others. Determination of total income and taxable income. Assessment & Collection- Modes of assessment. Income tax AuthoritiesAdministrative & Judicial. Appeal. Revision. Offences, penalties & recoveries. Exemption and Concessions- Tax-holiday, Depreciation, Set-off and carry forward of losses. Tax Evasion &Tax avoidance. Provident Funds. Advance payment proceedings. Reassessment. Assessment of individuals, Firms and Company. Law of Gift tax (as amended up to date) Definition, Essentials and valuation of gift, Exemptions and Assessment of gift tax. Estate duty. Law of Wealth tax (as amended up to date) - Definition, Determination of net wealth and valuation of assets, Exemptions, Assessment. Value Added Tax (VAT)- Definition, History of introducing VAT in Bangladesh, Importance of VAT. Acts and Books Recommended:
1. 2. 3. 4. 5. 6.
Income Tax Ordinance, 1984 and Finance Act. Gift Tax Act, 1990 (as amended upto date). Estate Duty Act, 1950 (as amended upto date). Wealth Tax Act, 1963 (as amended upto date). Value Added Tax Act, 1991. The Customs Act, 1969. 10
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7. M. Nurunnabi: A Commentary on Income Tax Laws (Published by Mrs. Gulshan Ara, Mahanagar Printing and Packaging Press, Rajshahi, 1st ed. 2001). 8. Dr. Monjur Morshed Mahmud, Dr. Kanchan Kumar Purohit And Dr. Milan Kumar Bhattacharjee: Income Tax. Padma Prokashani, 5th ed. 2007. 9. M. A. Baree: Law and Practice of Bangladesh Income Tax (Daisy Publisher, Dhaka, 2nd ed. 2006). 10. M. A. Baree: Value Added Tax (VAT) in Bangladesh (Daisy Publisher, Dhaka, 1st ed. 2006). 11. Tax Journals: Bangladesh Tax Decisions: Taxation: ITR
8. Law-1204: Commercial Law Company law: History, nature, formation and constitution of companies, Types of companies, prospectus, role of registrar of companies, Memorandum and Articles of association, liabilities of company and directors for ultra vires acts. Directors and Managing Director appointment, dismissal, disqualification, duties ,powers and limitation. Shares and debentures, registration, winding up of company. Sale of Goods Act Agents and principle, Rights and liability of an agent and principle in sale of goods, Implied condition and warranties, doctrine of caveat emptor, transfer of ownership, provision of auction sale, remedies on delay of delivery of goods. Rights and duties of seller and buyer. Negotiable Instruments Characteristics of negotiable instrument, Promissory notes, bill of exchange, cheque. Dishonour and discharge of negotiable instruments. Banker and customer , crossing of chque. Refusal of Cheque. Law of insurance Fundamental principles of insurance, life insurance , kinds ,assignment nomination , fire insurance- kinds and assignments , Marine insurance-subject matter , maritime perils , warranties in a contract of marine insurance . Law of Partnership Definition, formation of partnership, rights, duties and liabilities of partners, dissolution of partnership firm. Law of Carriage of Goods Carriage of goods by land – duties and rights of common carrier , duties and liabilities of railway administration .Carriage of goods by sea- carter party , bill of lading . Law of Arbitration Arbitration agreement Arbitral tribunal .Arbitrator-appointment, jurisdiction, dismissal arbitration proceedings. Acts & Books Recommended: 1. The companies Act 1994 2. The Insurance Act- 1938 3. The Arbitration Act 2001 4. The Negotiable Instrument Act 1881 11
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5. Mercantile Law M. C Kuchhal , Bikash Publishing House Pvt. Ltd India 2004 6. Commercial Law including Company Law and Industrial Law . Arun Kumar Shen , Jitendra Kumar Mitro. The World Press Pvt. Ltd. Kolkata . 26th edition 2006. 7. The Sales of Goods Act 1930 8. Railways Act-1890 9. Carriage by sea Act-1934.
9. Law-1205: Islamic Law of Transaction & Banking Concept of transaction in Islam (muamalat) Contract (Akd), Principle of permissibility, Ta’zirsir, freedom of contract, uncertainty (garar), classification of garar, Future Contract Specification of contract, registration of contracts, delivery of goods Bai - sale of goods Subject matter of sales, sale of unseen, object must be deliverable, sale prior taking possession, debt clearance sale, deferred sale, sale at market price, profit and gambling bai mal Azam Transaction with non Muslim countries. Doctrine of Azzam and Aabd al Basit Future market Risk strategies of future market, security exchange market in Islam. Islamic Banking. Mudaraba, Musharaka, Istishna, Bai Murabaha, Bai Muazzal, Bai salam, Ijara (Hire Purchase), HPSM mechanism, direct investment of Islamic Bank. Karze HasanaIts rules. Books Recommended: 1. Dr. S.E Rayner: The Theory of Contract In Islamic Law, (Graham and Trotmen, London / Dordricht /Boston, 1st Edition, 1991). 2. Abdullah Alwi Hazi Hassan: Sales and Contracts in Early Islamic Commercial Law, (Islamic Research Institute, Islamabad, 1st Edition, 1994). 3. Muhammad Nejatullah Siddiqi: Partnarship and Profit-Sharing in Islamic Law, (Islamic Foundation, Reprint, 1987). 4. Prof. Dr. Ala’ Eddin Khaofa: Transactions in Islamic Law, (A.S. Noordeen, Text Pub. 1997 and Rep. January, 2000). 5. Afzul-ur-Rahman M. A.: Economic Portriues of Islam, (Islamic Publications ltd. Pak) 2nd Ed. April 1980). 6. Text Book On Islamic Banking: Chief Editor- M. Kabir Hassan, Ph.D. Islamic Economics Research Bureau, Dhaka, 1st ed. June 2003.
10. Law-2301: Transfer of Property & Registration Transfer of Property: Property and its classification, Notice, General rules governing the transfer of movable and immovable properties. Rule against perpetuity, Sale of immovable properties, Doctrine of lispendence and part performance, Mortgage, Doctrine of Marshalling, Contribution, Election subrogation and Foreclosure. Lease, Exchange, gift and transfer of actionable claims. Registration: Documents Requiring Compulsory registrationRemedies in the event of refusal to register
Acts and Books Recommended: 12
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1. Registration Act-1908 as amended up to date (Advocate Shahin, Dhaka Law Book House. 2. Transfer of Property Act-1882 as amended up to date (Ministry of Law & Justice). 3. D. F. Mullah- Transfer of Property Act (Publisher- R.H. Khan, P.M. Bakshi, 1933) 4. Dr. M. Nurul Hoque, m¤úwË n¯—vš—i AvBb I Av‡jvPbv- 3rd Edition. 5. Sardar Mohammad Iqbal Khan, The Transfer of Property Act, 10th Edition. 6. Kamer uddin bin Abbas, The Registration Act.
11. Law-2302: Land Laws of Bangladesh Historical Background to understand land deed (kabala) and Khatian
Permanent settlement Chakran & Nonkar tenants, zaminders, different types of talukders, different types of Rayat, badshai and non badshai lakhiraj, doctrine of Alluvion and delluvion , rights of jalmahal, record of rights Khatian (C.S, R.S, P.S and B.S Record) SAT (State Acquisition And Tenancy Act 1950) Acquisition of the interest of certain receivers, acquisition of occupancy Rayat, record of rights, assessment and payment of compensation, state acquisition rules- 1951, waqf, preemption, tenant rules 1954. Restriction of alienation of lands by aboriginals, correction of mistake in khatian, lands Reform ordinance-1984 Non Agricultural Tenancy Act- 1949 Adverse possession of 12 years, Non agricultural tenant, under tenant, Pre-emption, Improvement. Act & Books Recommended: 1. DR. Lutful Kabir: Land Laws in Pakistan Vol-1-1V,Law House, Mrs L.N. Chowdury 32/F, Azimpur estate, Dhaka. 2. Bhomi Ain O Alochona. D. Nurul Hoque. Ain Grontho Prokashoni. Dhaka May 1991. 3. Law on Khatians. Md. Abdul Maleq. Published by Nahar Rozi. Chittagong 1996, 1st Edition. 4. Bhomi Ain, Sri Dinesh Chandra Devnath. Kamrul Book House, Bangladesh, Dhaka, 8th Edition, 2006. 5. Bnagladesher Bhomi Ain. Principal Altaf Hossain,. City Law Books, Dhaka- 1205. 6. DLR publication: SAT ACT.
12. Law-2303: International Law International Law, its foundations, Concepts, Nature and Sources. Relation between International Law and Municipal Law, Doctrine of Incorporation, International personality, statehood, recognition, State and Government Succession State Responsibility; Modes of Acqisition and Loss of State Territory. The Law of Sea, Diplomatic Envoys and Consuls, Extradition, Asylum, International Treaty, Nationality, Statelessness, Protected and Protectorate State. Trust Territory, Federation, Confederation and Dominion; War, Concepts and Effects, War Prisoners, Neutrality, Status of the Neutral State; Disarmament. Treaties, Concept of sovereignty, Peaceful settlement of international disputes. It also includes basic principles of international Law, Condition and progressive development of International Law. 13
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Books Recommended: 1. Public International Law: Mahesh Prashad Tandon and Rajesh Tandon; Allahabad Law Agency Faridabad (Haryana) 14th edn 2000 2. International Law and Human Rights: Dr. S.K Kapoor; Central Law Agency, Allahabad, India, 12th edn; 2003 3. International Law; Barrister Harun ur Rashid; Anupam Gyan Bhander, Dhaka, 3rd edn, 2004 4. Introduction to International Law: J.G Starke; Aditya Books Private Ltd, New Delhi, India; 10th edition, 1994 5. International Law: G.I. Tunkin, Progress Publishers, Moscow, 1978. 6. International Law: M.N. Shaw, G.B, 1991, 3rd edition. 7. A Modern Introduction to International Law: Michael Aketurst, HarperCollins, 1991, 6th edition. 8. International Law: Carter Trimble, Little, Brown & Co., 1995, 2nd edition. 9. Problems & Process: International Law and How We Use it, Oxford, 1994. 10. The International Legal System: G.A. Brennan, Butterworths, 1972.
13. Law-2304: Ethics in Legal Profession Ethics: Origin, Development, Definition, Meaning, Elements; Ethics and Morality; Morality- Its meaning, elements and moral values; Islam, ethics and morality; The moral and ethical philosophy of Islam; Islamic concept of Justice and Judiciary; Judicial administration of Islam. Legal Profession: Legal ethics and professional conduct; Integrity, duties to the client, to the public, to the lawyer and to the Court; Professional etiquette and manner; Professionalism. Books Recommended: 1. Te Bangladesh Legal Practitioners and Bar Council Order and Rules 1972 (Canons of Professional Conduct and Etiquette). As amended up-to date. 2. Frederick B. Wickwire, Q.C., The Legal Ethics and Professional Conduct Handbook (This Handbook deals with Code of Conduct to be followed by the members of the Nova Scotia Barristers’ Society in Canada and in the preparation of this Handbook, a recent Canadian text and professional legal conduct by Professor Beverley G. Smith was used. The name of the text is “Professional Conduct for Canadian Lawyers”. 3. The Code of Conduct of the Bar of England and Wales- (The entire materials of the Code of Conduct will be available from the internet. 4. Dr. Khalifa Abdul Hakim: Islamic Ideology (Islami Bhabdhara). 5. Muhammad Abdur Rahim: Bmjv‡gi bxwZ `k©b| 6. Mishkat sharif- Etiquette Chapter.
14. Law-2305: Labor and Industrial Law 1. Condition of employment: Classification of workers: leave and holidays: stoppage of work; Retrenchment, Discharge; Dismissal, Termination, Eviction, Grievance, Procedure, Child labor, Female workers, Penalties. 2. Trade union and its history. Rights and Privileges of trade union and Collective Bargaining Agent, strike and lock out,. Conciliation and Mediation, Arbitration, Labor Court, Award. Labor Court and Labor Appellate Tribunal. 14
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3. Administration –Director of Labor, Chief Inspector, Inspector, Certifying Surgeon, Health, hygiene, safety and welfare- working hour, Leave and holidays. 4. Workman and compensation-Employer’s liability for compensation, Amount of compensation, method of calculation, wages, Distribution of compensation, Notice and claim. Reports of fatal accidents. Medical examination Damages in case of Contracting,. Insolvency of employer. 5. Wages, periods of payment of wages, deduction. Deduction of wages for absence from duty. Deduction of damage of loss Acts & Books Recommended: 1. The Bangladesh Labor Code 2006. Md Abdul Halim and Masum Saifur Rahman CCB Foundation Green Road. Dhaka. First Edition February 2007. 2. Bangladesh Labor and Industrial Law. M.A.A. Khan. National Law book House. Dhaka. First Edition March 2005 3. Commercial Law and Industrial Law .Arun Kumar Shen and Jitendra Kumar Mitro. The World Press Pvt. Ltd. Kolkata 25th Edition 2006 4. Labor Code. DLR 3 + 6
4th Semester
15. Law 2401: The Law of Crimes (Substantive) Penal Code (Act XLV of 1860) 1. Crime, Criminal Law, Essential elements of Crime- Mens-rea, Common intention, Common object. 2. Definitions, Punishments- Its objects & limitation. 3. General Exception from Criminal liabilities. 4. Joint liabilities- Abetment, Criminal conspiracy. 5. Criminal offences against the State- Waging war, Sedition. 6. Offences relating to the Army, Navy and Air Force. 7. Offences against the Public Tranquility- Unlawful assembly, Rioting, Affray. 8. Offences by or relating to public servants. 9. Offences relating to Elections. 10. Contempt’s of the lawful authority of public servants. 11. Offences relating to coin and Government stamps. 12. Offences relating to weights and measures. 13. Offences affecting the public health, safety, convenience, decency and morals. 14. Offences relating to religion. 15. Offences affecting human body-Culpable homicide, Murder, Miscarriage, Injuries to unborn children, Exposure of infants, Concealment of birth, Hurt, Wrongful restraint and wrongful confinement, Criminal force and assault, Kidnapping, Abduction, Slavery and forced labour, Sexual offences. 16. Offences against property-Theft, Extortion, Robbery, Dacoity, Criminal misappropriation of property, Criminal breach of trust, Receiving of stolen property, Cheating, Fraudulent deeds and disposition of property, Mischief, Criminal Trespass, Loss of property of Banking Company. 17. Offences relating to documents and to trade or property marks- Forgery, Currency- notes and bank notes. 18. Criminal breach of contracts of service. 19. Offences relating to marriage- Cohabitation, Adultery. 15
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20. Offences of public nature-Defamation, Criminal intimidation, insult, prejudicial act & annoyance. 21. Attempt to commit offences.
Repression Against Women and Children Act, 2000 (Act VIII of 2000). 22. Scope and Nature of the Act; Definition; Offences under this Act; Composition, Jurisdiction and Powers of the Tribunal; Trial procedure; Offences triable by the Tribunal; Framing of charge; Examination of witnesses; Judgment; Appeal.
The Arms Act, 1878 (Act XI of 1978) 23. Scope and Nature of the Act; Interpretation clause; Manufacture, Conversion and Sale; Import, Export and Transport; Going Armed and Possessing Arms, etc.; Licences; Penalties; Miscellaneous.
Acts & Books Recommended: 1. Penal Code, 1860 Latest amendment. 2. Dr. L. Kabir- Lectures on Pakistan Penal Code with Leading Cases- Law House Publication, Dhaka 3. Zahurul Islam Md.: The Penal Code (Bangladesh Law Book Company, 1st ed. 2005). 4. The Nari-O- Shishu Nirjatan Daman Ain- 2000 (As amended in 2003) (1st ed. MLR, 2006). 5. The Arms Act, 1878 as amended upto date. 6. Ratanlal & Dhirajlal: The Indian Penal Code (. Wadhwa & Company, Nagpur. 28th Edition. 1999). 7. Richard Quinney: Criminology (Little, Brown& Company, Boston Toronto). 8. John Hagan: Modern Crime and Criminology (McGraw-Hill Book Company, International ed. 1987). 9. Principal Md. Altaf Hossain: Penal Code, 6th Edition, 2006 (City Law Book House, Dhaka)
16. Law-2402: Law of Evidence & Limitation Law of Evidence: Definition; Nature & Scope; Functions; Classification; Interpretation Clause, Presumption of Facts; Relevancy of Facts; Facts in Issue; Relevant facts; Admission; Confession; Dying declaration; Opinion of third person when relevant; Character when relevant; Facts which need not be proved; Accomplice; Judicial Notice; Oral Evidence; Documentary Evidence; Circumstantial Evidence; Proof of Documents; Judgment when relevant; Public Document; Private Documents; Presumption as to documents; Of the exclusion of Oral by Documentary Evidence; Facts which need not be proved; Opinion as to Usages and on Relationship; Burden of Proof; Estoppels; Competence of Witness; Number of Witnesses; Examination of Witness; Re-examination; Cross Examination; Leading question; Hostile Witness; Refreshing of memory; Power of the Court to put questions or order of production of documents; Improper Admission and Rejection of Evidence. Books Recommended: 1. Justice M. Munir: The Law of Evidence, Universal Law Publishing Co. Ltd, Delhi, 2004. 2. The Evidence Act, 1872. (Act 1 of 1872). 16
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3. Dr. Rofiqur Rahaman: Law of Evidence [Nuruzzaman Chowdhury, Santinagar, Dhaka, 1993. 4. Prabhas C Sarker & Sudipto Sarker: Sarkar on Evidence, Standard law House, Delhi. India, 1992. 5. Noshirvan H Jhabvala, The Indian Evidence Act [Parimal J Shah, Mumbai, India, 2007] 6. Prof. Dr. Anwarullah: Principles of Evidence in Islamic Law. A.S. Noordeen, 1999. 7. Dr. Mahmud Saedon Awang Othman, Islamic Evidence, Open Press (M) SDN. BHD, 2003. 8. Vepa P. Sarathi: Law of Evidence [Eastern Book Company, Lucknow, India, Edn2003. 9. Zahirul Hoq: Law on Evidence [Bangladesh Law Book Company, Banglabazar, Dhaka, 2nd Edition, 2002.
Limitation: Nature, Scope and Object; Definitions and Applicability; Definitions and Applicability; Exhaustiveness of the Law; Prescription; Laches and Limitation; Limitation of Suits and Applications; Limitation in Criminal Proceedings; Extension of Time; Legal Disability; Doctrine of Condonation of delay; Appeals and Computation of period of Limitation; Extension of Time, Mistake of Facts and Law; Fraud; Acknowledgement; Easement; Adverse Possession; Limitation of suits, Appeals and applications, Computation of period of Limitation. Effect of fraud and acknowledgement on limitation, acquisition of ownership by possession. Acts and Books Recommended: 1. Specific Relief Act-1877 (as amended up-to-date) 2. Limitation Act-1908 (as amended up-to-date-) A. Jalil Sikdar, 2004. 3. Hassan Jamil: Law of Limitation (Bengali), Mukta Law Book House, Dhaka.
17. Law-2403: Code of Criminal Procedure Definitions, Constitution of Criminal Courts, Their jurisdiction & Powers according to ‘The Code of Criminal Procedure (amendment) 2007’, Different types of magistrates, executive magistrate, judicial magistrate. Aid and information to the Magistrate, Police & persons making arrests. Arrest generally, arrest without warrant. Process to compel appearance and produce; Summons, warrant of arrest, proclamation, attachment, search warrant and other rules regarding processes. Security for keeping peace and good behavior Prevention of offences, unlawful assembly, investigation and inquiry. Complaint, charge framings, trial of summons, cases, warrant cases and sessions cases, Summary trials, Cognizance of an offence, Irregular proceedings, complaints to Magistrates, nature of habeas corpus Laws on bail Disputes as to immovable property e.t.c Judgment: Acquittal, suspension, Remission, computation of sentences, Consideration of previous acquittal, and conviction. Quashment Appeals, Review, Reference and Revision. Transfer of Criminal cases. 17
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Acts and Books Recommended: 1. The Code of Criminal Procedure, 1898 (Upto date Govt publication) 2. Zahurul Haq: Code of Criminal Procedure( Published by Bangladesh Law Book Company1980) 3. Shawkat Mahmud: Code of Criminal Procedure 4. M.M.H. Nizami: Code of Criminal Procedure 5. L. Kabir: Criminal Procedure Code 6. Sarkar P.C: Code of Criminal Procedure 7. Zahirul Islam: Code of Criminal Procedure (Published by Bangladesh Law Book Company, 2005. 8. The Code of Criminal Procedure, 1898 Act No V of 1898 (as amendment upto October 2007) Published by the Supreme court of Bangladesh. 9. The Code of Criminal Procedure, 1898 by justice M.A. Wahab, Kamrul Book House, Bangla Bazaar, Dhaka.
18. Law-2404: CPC & PDR Code of Civil Procedure: Composition of civil courts, Suits on general, Jurisdiction of the courts, stay of suits, Resjudicata, Joinder of parties, transfer of suits, Suits by and against government. Inherent power of the courts, Framing of suits, parties to suit, Joinder of cause of action, Institution of suits, Summons and service, pleadings-Amendment of plaint, Written statement and Set-off– Consequence of non appearance, Framing of issues-Judgments and decrec, procedure in execution, Attachment and sale-Questions determinable by the executing Court, withdrawal, Adjustment and abatement of suits, Injunction, Appeal, Reference, Review and Revision. This course includes different procedural modes of Filling a suit in Civil Court. Public Demand Recovery Act Filing, Notice, Service and effect of certificates and hearing of objection thereof. Executing of certificates, Attachment-Sale, setting aside, sale disposal of sale proceeds, arrest, Detention and Release, reference to civil Court supplementary provisions. Books Recommended: 1. Code of Civil Procedure, 1908 (as amended up to date) 2. Code of Civil Procedure, D.F Mulla, Eastern Law House Ltd, Calcutta. 3. Ghosh: Introduction to the Civil Procedure 4. D.F Mulla: Students Hand Book of Civil Procedure. 5. M. E. Sarkar: The Code of Civil Procedure. 6. Shawkat Mahmud: The Code of Civil Procedure 7. Civil Procedure Code- Moniruzzaman, Shams Pub. 2006 8. The Public Demand Recovery Act 1913/ Ministry of Law & Justice.
19. Law-2405: Professional Practice & Moot Court, Legal Drafting & Legal Literacy. 18
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Legal drafting: Definition of drafting, its importance, kind of drafting, principle of drafting, usefulness of drafting, procedural matters of civil litigation and criminal litigation in administration of justice. It includes FIR, plaint, written statement, report, filing of a case, different types of petition- compromise petition, petition of complaint. Motion, contract, wills, process manual.
Mock trial: Trial and Advocacy- how to appear before the court as an advocate, addressing, body language, submission of a statement, and further statement, examination and cross examination, examination in chief, submission of exhibiting documents before court and court visit, trial and pre-trial stage of suits, case studies. Acts & Books Recommended: 1. The Bangladesh Legal Parishioners & Bangladesh Bar Council Order and Rules 1972 (Canons of Professional Conduct and Etiquette). 2. Raynee: How to write pleadings 3. Schedule module in C.P.C and Cr. P. C. 4. Bashudev Ganguly: Zerar kola koushal 5. Karim Khan M.A. Dr.- Legal Drafting, Principle and Process-2004, Isamoti Publishers. 6. A Research Hand Book on M. Phil & Ph. D. Fellows- Prof. Dr. Zainul Abedin 7. Research Methodology- Kautilla. 8. Art of Conveyancing & Pleading/Monoher & Prakash, 2nd, National Law Book House, Lucknow- 2004. 9. Civil Drafting & Practice: Siddiqur Rahman Mian, New Warsi Book Corporation, 2005. Legal Literacy: Origin, Development, Importance, Methodology, Methods, Articles, Bibliography, Case Laws, Case Studies, Latin & English Terms, Comparative Studies etc. Books Recommended: 1. Justice YV Chandrachud: The Law Lexicon (Wadhwa and Company, 2006) 2. A.N Saha: Legal and Commercial Dictionary, (Eastern Law House Private Ltd. 2002). 3. K.J. Aiyar: Judicial Dictionary, 13th Edition, 4. Bryan A. Garner: Blacks Law Dictionary 7th Edition, 5. Bipul Ranjan Nath: Law Words and Phrase (Dawn Ohidur Rahman Book Society 2003). 6. Oxford Dictionary of Law: Martin Oxford University Press. 7. Law Dictionary: Saiful Alam, Global Education Service, Dhaka. 8. English Grammar & Composition: Wren & Martin, S. Chand & Com. Ltd, New Delhi. 9. Handbook of Legal Terms & Phrases (Judicially Defined)- Md. Ilyas Khan.- Lee Law Publications, Karachi, 1968. ===========================
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