5d6e2f2c35f43syllabus - LLB (Hons) - Ac - Approved
5d6e2f2c35f43syllabus - LLB (Hons) - Ac - Approved
5d6e2f2c35f43syllabus - LLB (Hons) - Ac - Approved
4. The final draft of curriculum proposed by curriculum committee was discussed and
recommended by the Academic Council with some modifications/suggestion (--th meeting
held on (date). Item no- --)
6. Based on the amendment /suggestion the curriculum was finalised and published here
by.
2
Table of Contents
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1 Introduction to the University
1.1 Background
The victory over maritime boundary delimitation with neighboring countries opened a new
window in the maritime arena of Bangladesh. Vast sea area along with scarcity in land based
resources has made it imperative to boost up our economy through effective exploration of
sea resources. Keeping this in perspectives honorable Prime Minister Sheikh Hasina outlined
the concept of blue economy and underscored the importance of effective manpower in the
maritime sector.
In order to create effective human resources, the first ever specialized university
Bangabandhu Sheikh MujiburRahman Maritime University, Bangladesh (BSMRMU) was
established in 2013 after the name of the Father of the nation Sheikh MujiburRahman. Our
motto is “We strive for Maritime Excellence”. The University aims at bringing all maritime
professional to a common platform to share knowledge and carryout research for the
advancement of maritime sector and developing effective human resources in this sector.
1.2 Vision
Vision of the University is to promote and create a learning environment for higher maritime
education with excellence, through state-of-the-art facilities and gadgets, competent faculty
and staff, expanded frontier of research based knowledge and international standards
supportive of the new horizons in diverse fields by 2021.
1.3 Mission
BSMRMU is committed to provide quality education based on state of the art technological
support responsive to the emerging challenges at home and abroad. The university is
dedicated to nurture and develop world class professionals, who would serve the mankind
with strong sense of ethical values and competence and ready to face the competitive world
of maritime business, service and employment.
1.4 Goals
The university aspires to have seven teaching faculties and four research institutes. The name
of faculties and institutes is following:
Research institutes are: Institute of Professional Language, Institute of Bay of Bengal &
Bangladesh Studies, Institute of Renewable Energy & Marine Resource and Institute of
Disaster management.
Faculty of Maritime Governance & Policy is one of the pioneer faculties of the university.
The faculty has special learning environment, innovative course curriculum, methods of
teaching, and quality programs. The faculty has three departments namely Department of
Maritime Law and Policy, Department of Maritime Security and Strategic Studies and
Department of Maritime Safety Administration.
The Department of Maritime Law & Policy started its journey from the very inception of this
University under the Faculty of Maritime Governance and Policy. The Department is
committed to provide an excellent teaching and learning environment. Global standard
curriculums are followed to impart quality education by the qualified and competent teachers.
Graduates of this department will get a unique opportunity to develop their career in the
different areas of job market like judicial service, legal practitioners, University Teaching,
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shipping companies, banks and financial institutions, national and international organizations
etc.
LLB (Honours) in Maritime Law programme is a 4 year full time regular undergraduate
programme. Graduates from this programme will be able to develop their career as Lawyers
specially in maritime sector, Judges including admiralty and Marine Court, legal advisors,
academicians etc in the relevant discipline. The programme is divided into 8 semesters of six
months each (2 semesters in each year). Total credit hours of this programme are 141
including 6 credit hours for thesis/internship. Besides regular courses, workshops, seminars,
guest lectures and certificate courses on contemporary issues are arranged frequently for the
students. The duration of each semester is 26 weeks. Each semester is distributed as follows:
a. Classes 15 weeks
e. Recess 04 weeks
5 Programme Outcome:
In general, the programme will enable its graduates to deal civil, criminal and maritime legal
problems. On completion of the program the graduates are expected to acquire the ability to:
Apply the knowledge of maritime and general law in the field of legal
profession.
Formulate legal problems specially in maritime fields and develop practical
solutions.
Work effectively in teams and provide leadership.
Effectively communicate orally and in writing.
Understand managerial, professional and ethical responsibility.
6 Admission Information
a. Applicants who have passed HSC or equivalent examination in the current or previous
year are eligible to apply.
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(i) Students who have passed IGCSE/O level exam in at least 5 subjects and
IAL/GCE A level exam in at least 2 subjects are eligible to apply. Out of the 7
subjects in IGCSE/O Level and IAL/GCE A level candidates should get
minimum 4 B grades and 3 C grades. No D grade will accepted.
(ii) Candidates from O level and A level or from all other boards, outside the
country have to obtain ‘Equivalence Certificate’ from appropriate authority.
The procedure for admission in LLB Honours in Maritime Law programme is as follows:
b. Written Admission Test: An eligible candidate will have to sit for a written
admission test on Bangla, General Knowledge and English, Critical reasoning &
Analytical Ability.
c. Syllabus of the Admission Test: Syllabus of the admission test will be on the current
HSC Syllabus Except General Knowledge, Critical reasoning & Analytical Ability.
d. Final Selection: Candidates will be selected finally on the basis of their combined
marks obtained in the written admission test, HSC/equivalent examination and
SSC/equivalent examination. Weightage will be written test 50%, HSC/equivalent
examination result 30% and SSC/equivalent examination result 20%.Final merit list
along with waiting list will be published on BSMRMU notice board as well as on
BSMRMU website.
For IGCSE/O Level and IAL/GCE A Level the calculation will be following:
SSC GPA HSC GPA O Level GPA A Level GPA Points Earned
>=3.5/1st >=3.5/ 1st >=3.0 >=2.5 3
>=2.5/2nd >=2.5/2nd >=2.5 >=2.0 2
* Letter grades of O-Level and A-Level subjects are converted into grade points as
follows: A =4, B = 3, C = 2 and D = 1. Grade Point Average (GPA) is calculated by
averaging the grade points of the best five grades for O-Level and the best two grades
for A-Level.
After final selection, the selected candidates will be registered under the programme in
accordance with the procedures as laid down by BSMRMU. The candidates have to go
through a medical checkup at BSMRMU designated Medical Centre to ascertain their
medical fitness. The selected candidates have to collect Admission Form from the Admission
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Section, and complete admission and registration formalities within the given time frame by
paying the required fees. The following rules will apply in this regard:
b. If any student does not attend the class within two weeks of commencement of
classes, the student’s admission will be cancelled automatically.
7 Teaching Strategy
The teaching strategy of the programme is mainly lecture based for theoretical courses and
demonstration for practical courses. Other teaching strategy includes case study, group
discussion, workshop, seminar and field work/study tour learning etc.
a. For theoretical courses, one lecture of 60 minutes per week per term is equivalent
to one credit hour.
b. For laboratory courses, 120 minutes per week per term is equivalent to one credit
hour.
c. Credit hours are also assigned to study tour, industrial attachment, project and
thesis work taken by the students. The amount of time assigned to such work may
vary depending on the requirements.
a. At the beginning of the term, the course teacher will prepare a course outline
incorporating the course syllabus, performance evaluation and grading system (as laid
down in the policy), list of suggested text books/references, and a tentative schedule
of classes, examinations and events.
8 Assessment Strategy
8.1 Grading System
Letter grades and corresponding grade points will be awarded in accordance with the
provisions (unified UGC grading system) shown below:
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Letter Grade Grade points Numerical Markings
A+ 4 80% and above
A 3.75 75% to below 80%
A- 3.5 70% to below 75%
B+ 3.25 65% to below 70%
B 3 60% to below 65%
B- 2.75 55% to below 60%
C+ 2.5 50% to below 55%
C 2.25 45% to below 50%
D 2 40% to below 45%
F 0 below 40%
X Thesis/Project continuation -
The number of quizzes/class tests of a theory course will be n+1, where n is the number of
credit hours of the course. Evaluation of performance in quizzes/class tests will be on the
basis of the best n quizzes. The scheme of continuous assessment that a particular teacher
wishes to follow for a course will be announced as course outline on the first day of the term.
The performance of a student will be evaluated in terms of two indices, viz. Semester Grade
Point Average (SGPA), and Cumulative Grade Point Average (CGPA).
8.2.2 Lab Course: The distribution of marks for lab course is given below-
Content Marks
Attendance 10%
Class Performance
10%
/Observation
Report/Assignment 10%
Quiz 20%
Lab Test 30%
Viva/Presentation 20%
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8.2.3 Study Tour
The distribution of marks for the performance evaluation of each student on the study tour is
given below:
a. Attendance : 20%
b. Participation : 20%
c. Report Submission : 30%
d. Presentation : 30%
a. A student has to take the required courses for a particular semester as per the syllabus
of the programme.
b. A student will be promoted to the second semester of each year, irrespective of his/her
results in the first term of the year.
a. A student has to take the required courses for a particular year as per the syllabus of
the programme.
b. A student will be promoted to the next year, provided he/she does not have ‘F’ grades
in more than two subjects including backlog subjects (if any).
Normally the re-examination of the failed subjects will be conducted at the beginning of the
following academic year. A short term may be conducted for them during year ending
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recesses. However, students may also opt to register the failed subjects and appear the
examination with next batch.
8.6 Improvement
In case a student gets grade point within 2 to 2.75 then he can sit for course improvement
exam for once only. If in first attempt the examinee fail to improve from F grade then he can
participate in the next final exam for the second and last time. If the student unable to
improve his grade point then his earlier grade point will prevail. The improvement exam will
include only the theoritical part of 60% marks and will exclude the sessional and viva voce.
In case of retake or improvement the student’s maximum Letter Grade shall be ‘B’ (grade
point 3.00).
The courses in which a student has obtained ‘D’ or a higher grade will be counted as credits
earned by him/her. Any course in which a student has obtained ‘F’ grade will not be counted
towards his/her earned credits. ‘F’ grade must be cleared within the designated period.
b. Appearing at the final examination in all the required courses as per curriculum of the
programme.
Each course is designated by a maximum of four letter code identifying the programme or
department offering the course followed by a four-digit number having the following
interpretation:
10 Curriculum Structure
LLB Honours in Maritime Law consists of total 47 courses excluding non-credit courses and
divided into the following categories:
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Category No. of Course Credits Percentage
Fundamental Courses 6 16.5 12%
Humanities and Social Science Course 4 10.5 7%
Core Courses 20 60 43%
Allied Course 12 34.5 24%
Development Courses 5 19.5 14%
Total 47 141 100%
11 Course Schedule
11.1 Study Tour: There will be a Study Tours (ST) in every year.
Each student shall have to register minimum 3 (Three) degree++ courses as a part of
requirement of the degree. A list of probable degree++ courses are given below:
Year-1: Semester-1
Aim:
The aim of jurisprudence is two fold- (1) Acquainting the freshman with theories of law and
legal concepts, and (2) introducing them with critical thinking – through an introduction to
legal theories.
Learning Outcome
At the completion of the course-
The students will become confident in dealing with other law courses
A student might find it helpful to revisit their jurisprudence book again and again
throughout their time in legal education to refresh their memories on basics of law.
Course Content:
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Bentham and Rudolf Von Ihering), Command Theory of Austin , Vienna School ( Pure /
Normative Science of law ( Hans Kelson ) Historical school (German school ) of
Jurisprudence ( George H Savigny and Sir Henry maine )
6. Sources of law: Formal ( historical and legal ) and Material sources – Legislation,
Custome, precedent, equity, Justice, and Good Conscience
13. Law and Society: Relation between law and society, role of law in the development
of the society, empowerment of the ;people through law , legal awareness, access to Justice,
Distributive justice, social value of law, Judicial activism and public interest litigation
Suggested Readings:
Aim:
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The objectives of this course are to introduce the students with the key concepts like origins ,
the development of legal institutions, systems, principles and thought about law from the
most ancient times. It also includes the study of the historical development of particular legal
systems of particular institutions there in and of particular branches of law.
Learning Outcome:
After completing this course, particularly focusing on the history of legal development
Bangladesh, the student will,
- Learn many new ideas and concepts which are now emerging for the judicial system
of Bangladesh
- Be able to understand the deeply seated lacunas and shortcomings in the system and
- Able to form an independent opinion about the key features of the law and legal
system of Bangladesh
Course Content:
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13. Judicial Personnel: Chief Justice, Judges of the Supreme Court, Supreme Judicial
Council, Judicial Officers, magistrate, law officers of the government.
14. Judicial Review: Separation of Lower Judiciary, Independence of Judiciary
15. The various Legal institutions of Bangladesh- The Ministry of Law, Justice and
Parliamentary Affairs, Office of the Attorney General, Law Commission, The Bangladesh
Bar Council and Bar Associations, Judicial Administration Training Institute, Administrative
Training Institute, Anti- Corruption Commission and Prosecution, Legal and Judicial Reform
Project
16. Law Reforms in Bangladesh, Law Commission, Powers and Functions
Suggested Readings:
Ahamuduzzaman: Legal History and the Legal System of Bangladesh, Shams Publications,
Dhaka 2007
Kulshreshtha. Visheshwar Dayal: Landmarks in Indian Legal History and Constitutional
History
Aim:
The aim of the course is to enlighten student about the organizations that are dealing with
maritime issues.
Learning Outcomes:
Course Content:
1. International Organization
History, definition and classification of international organizations, role of global and
regional international organizations in dealing with common problems and in providing
global governance.
UN: Aims and objectives, Formation, Powers and functions
IMO: Aims and objectives, Formation, Powers and functions
ITLOS, ISA, ILO, CLCS, ICJ, United Nations Division for Ocean Affairs & the Law of the
Sea (DOALOS), UNEP, Classification Societies
2. National Organization
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Department of shipping, Sea Port of Bangladesh (Chattagram Port, Mongla Port, Payra Port)
Suggested Readings:
Michael P. Scharf, The Law of International Organizations. (Carolina Academics Press 2007)
Aim:
The objectives of this course are to introduce the students with the key concepts like socio-
economic, geo-political, institutional, social organizational, context of origin and
development of Bangladesh. Socio-political and economic context of Liberation War of
Bangladesh and the importance of Bay of Bengal will also be introduced here.
Learning outcomes:
On successful completion of this unit, students should be able to:
1. Brief geo-political and socio-economic history of Ancient Bengal The nature of origin
and development of Bengal Civilization
2. The socio-political and economic context of Liberation War of Bangladesh and the
background of the emergence of Bangladesh as an Independent Country.
3. The major Socio-Economic and Cultural Features of Bangladesh
4. Agricultural Development and the contribution of agricultural sector to the national
economy and society of Bangladesh; An overview of agricultural policies of Bangladesh
5. The Process of Industrialization in Bangladesh: The evolution of industrial growth in
Bangladesh; sector wise development of industries; the role of private and public sectors in
industrial development; An overview of industrial policies of Bangladesh
6. Private Sector Development in Bangladesh: The contribution of Private Sector in the
economy of Bangladesh; An overview of private sector development policy in Bangladesh;
The opportunities and Challenges of private sector development; The role of Foreign
Investors and Development Partners in Private Sector Development
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7. The Health and Demographic Features of Bangladesh: An overview of Fertility,
Mortality, Marriage, Migration, Primary Health Care Services, Family Planning,
Reproductive Health, Youth and Development etc.
8. Culture, Tradition and Heritage of Bangladesh: An overview of the development of
Art, Literature, Folk Culture, Music, Traditional Food Habit, Dresses, Architecture,
Monument, Objects of Civilization, Song, Paintings, Classic, Traditional and Modern Songs
and integration of Western Culture
9. Rural Development: The notion and evolution of Rural development; BARD as a
Model of Rural Development; Challenges and Constraints of Rural Development; The Role
of NGOs, Go and Development Partners in Rural Development
10. The Political and Governmental system in Bangladesh: The forms of Government;
Bureaucracy as a system of Administration; The role of Political parties in sustaining modern
democracy
11. Bay of Bengal: Introduction to Bay of Bengal; Geostrategic and economic importance
of Bay of Bengal.
Suggested Reading:
Md. Shamsul Kabir Khan and Dr. Daulatunnahar Khanam - Bangladesh Studies, Part -1 & 2,
Brothers Publication, 2011
Aim:
The course will develop students’ writing skills necessary for their academic and professional
success. It will also help the students to learn and follow the conventions of standard written
English in sentence structure, punctuation, grammar usage and spelling.
Learning Outcomes:
Course Content:
Section A:
1. Grammar
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Sentence elements and sentence patterns
Talking about the present, past and future (tense)
Talking about qualities and possibilities, wishes and chances (modals)
Articles, voice, preposition, reported speech, parts of speech
2. Essentials of English Pronunciation and conversation practices
Classification of English Sounds
Production and identification of English Sounds
Conversation Practices involving different social situations
3. Word Formation and Vocabulary Building
Prefixes and Suffixes
Phrasal Verbs
Section B:
Section C:
A Reading Exercise – Badrul Haider Chowdhury, The Long Echoes
Section D:
Writing Exercises
Writing Descriptive, narrative, expository/argumentative essays
Writing reports
Formal and informal style of writing
Suggested Readings:
Aim:
This course will help students enhance their communication skills through interactive
participation in the class. It will also enable them to speak fluently for academic as well as
professional purposes.
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Learning Outcomes:
Course Content:
Year-1: Semester-2
Aim:
This course is designed to provide students with a general introduction of the law of torts and
consumer protection as it has been developed under British common law as well as the law of
Indian subcontinent. As the practice of law of torts is rarely found in Bangladesh it attempts
to engage students in searching areas through research where law of torts might be applied.
This course contains some basic concepts of the law of torts, such as the nature of law of
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torts, justification for torts and nature of liability. It also deals with some specific kinds of
torts, such as negligence, trespass, malicious prosecution, defamation and nuisance.
Learning Outcomes:
Discuss the conditions of liability in tort with special reference to the concept of strict
liability and the grounds of exemption from liability i.e. general defenses or
justification for torts
Describe some of the main torts: trespass, defamation, nuisance, malicious
prosecution, negligence, intimidation, deceit and injurious falsehood, wrongful
confinement, injury to servitude, injuries to chattels, injuries to person, injuries to
other relations,
Analyze some of the remedies available in action for tort: specific restitution,
injunction, damages.
Have a comprehensive understanding about the existing law on consumer protection
in Bangladesh.
Be conversant with major international instruments on consumer protection.
Course Content:
Tort:
c) Right to be informed
d) Right to choose
f) Right to redressed
4. Consumer Protection in different countries with special reference to India, USA, UK &
Sweden
b) Definitions
h) Amendments to C. P. Act.
i) An Appraisal of C. P. Act
f) Data protection
Suggested Readings:
Aim:
Islamic jurisprudence and Muslim Law is related to the personal laws of the Muslims. The
religious norms governing the personal and domestic life of the Muslims and the legal
relations, rights and obligations arising there from are the focus of this course. The question
of enforcement of these religious norms through the prevailing secular administration of
justice and the visible impact of these laws in the legal landscape of Bangladesh are also
addressed here.
Learning Outcomes:
At completion of the course-
Students will know the progress and setbacks of Muslim personal law in Bangladesh
and around the Muslim world.
The will also be able to offer realistic solutions to legal problems that arise in
everyday life including domestic and conjugal matters, law of succession and transfer
of property.
Course Content:
1. Introduction- Islamic Jurisprudence (Fiqh) & Laws (Shariah), History and Sources of
Islamic Law, Schools and Sects of Islamic Law, Doctrines of Ijtihad &Taqlid, Modern
Developments of Islamic Law – Statutory and Judicial Interventions in muslim personal law,
Modern Administration of Muslim Law, Legality and Permissibility of Fatwa, Impact of
International Human Rights Law, Demand for Uniform Family Code, Evolution of Muslim
law in the Indian Sub-continent.
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3. Parentage: Acknowledgment & Legitimacy – Establishment of Parentage,
Presumption of Legitimacy, Acknowledgement, Conditions of a Valid Acknowledgment,
Legal Consequences of Acknowledgment
7. Divorce – Various Modes of Dissolution – by the Husband (talaq, ila, zihr, apostasy),
by the Wife (Talaq –i-Tawfiz, Khair-ul-Bhulug), by mutual consent (Khula and Mubarat) and
by judicial intervention – The Dissolution of Muslim Marriages Act 1939 – definition of
Cruelty, The Woman and Child Repression Act, 2000 and The Domestic Violence Act, 2010,
The Statutory Process of Divorce – The Muslim Family Laws Ordinance 1961, Registration
of Divorce – The Muslim Marriages and Divorce (Registration) Act 1974, Legal
Consequence of Dissolution of Marriages; Controversies with TrippleTalaq and Hilla.
11. Will (Wasiyat) – Definition and nature, formalities, bequeathable third, bequest in
favor of an heir, Wasi or Executor of Will, Abatement of Legacies, Revocation of will
12. Pre-emption – Definition and nature Premeptor, Religion of the Seller, Buyer and
Preemptor, Formalities and Legal Effects of Preemption, Loss of Preemption, Statutory
Preemption – The State Acquisition and Tenancy Act 1950
13. Waqf – Definition and essentials, Mushaa or Undivided Share, Essential formalities,
Classification of Waqf, Purposes or objects of Waqf, Uncertain Objects and Cy pres,
Appointment, powers and removal of Mutwalli, The MussalmanWakf (Validating) Act 1913,
The Waqf Ordinance 1962.
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14. Inheritance – Administration of Estate, Heritable Property , Basic Principles – Birth
Right, Right of an unborn child, Vested Interest, Rule of Al-Jabari, Male –female proportion ,
Rule of Exclusion, Missing person, wife undergoing iddat and Partition of Undivided Family
Property, Joint Family and Joint Family Business; Sunni Law of Inheritance – Different kinds
of heirs, the Twelve Quranic Sharers, Doctrine of Increase (Aul) and Return (Radd), the
Residuaries, Distant Kindred; Doctrine of Representation & the case of Sonless Propositus,
Grand Children’s share in the Muslim Family Laws Ordinance 1961, Bangladesh Law
Commission’s view on Sonless families.
Suggested Readings:
Aim:
The course on covers every aspect of personal life of Hindus and Christians such as marriage,
guardianship and maintenance, adoption, gift, will, straphang, widow’s property, joint family,
religious and charitable endowment, inheritance. Thus this course is designed to provide a
complete idea on these issues. It will also focus on the sources of Hindu law and it schools.
Though the personal law of Hindus has been reformed to a great extent in India, Bangladesh
follows ancient principles of Hindu laws, which will be discussed in this course. The
reformation of Hindu law as it has been made in India will be discussed to explore how this
law can be reformed for the better interest of Hindu community. The recommendation of law
commission on this issue will be analyzed in this regard.
Learning Outcomes:
Course Content:
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2. Sources of Hindu Law-Surti, Smriti, Commentaries on the smrities(Nibandhas), Puranas,
Judicial Decisions, Legislation, Justice, Equity and good conscience, Custom and Usages.
5. Law of Maintenance
6. Law of Adoption – Definition and ingredients, Capacity to adopt and termination of the
capacity, Effect of adoption Adoption by Widows.
9. Law relating to Stridhan and Women’s Property – Definition and Classification, Tests
applied to identify Stridhana, Salient features of Stridhana, Sources of Stridhana, Rights of a
woman over Stridhaa
10. Joint Hindu Family – Karta of the Joint Family – Rights, Duties and Obligations of the
‘karta’ Coparcenary Property, Rights & Duties of the members of the Hindu Joint Family
Rights of Coparceners, Differences between Hindu Joint Family & Coparcenary.
11. Law of Gift and Wills – Requirments of valid Gifts and Wills, Requirement of
possession and registration, Hindu gifts distinuighed form statutory gifts, Gifts and Will
under DayabhagaandMitakshara schools, Status of Religious and charitable endowments.
15. Hindu law Reforms – In India and Nepal; Various Hindu Law Reforms Acts of 1955-56
in India Possible Hindu Law Reforms in Perspectives of Bangladesh.
Suggested Readings:
Aim:
The aim of studying contract law is to know numerous nature and transaction of commercial
contract.
Learning Outcomes:
Course Content:
6. Contracts which are declared void by the Act- Contingent contracts and wagering
contracts., Quasi- contracts.
Suggested Readings:
28
The Contract Act,1872
Pollock and Mulla, D,F : Indian Contract act and Specific Relief Act, N.M Tripathipvt Ltd,
Bombay
D.L.R: The Contract act
Haque, Ekramul: lawof Contract, law lyceun, dhaka
Aim:
The objectives of this course is to increase the knowledge of the students related to grammar
and literature of Bangla language and its use.
Learning Outcomes:
• বাাংলাদেদের সামাজিক, ঐজিহাজসক ও সাাংস্কৃ জিক অনুষদের সদে বাাংলা সাজহদিের সাংদ াগ স্থাপন করদি পারদব।
Course Content:
fÐbjMä - i¡o¡
¢àa£uMä - p¡¢qaÉ
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2. j¡CLm jd¤p¤de cš - h‰i¡o¡
29
3. m¡mep¡Cy- M¡Q¡l ®ial A¢Qe f¡¢M
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10. ¯puc n¡jp¤m qL - f¢lQu
fÐhå:
1. h¢‰j Q¾cÐ Q–¡f¡dÉ¡u- h¡‰¡m¡ i¡o¡
2. lh£¾cÐe¡b W¡L¥l- piÉa¡l pwLV
3. qlfÐp¡cn¡Ù»£- °am
4. fÐjb ®Q±d¤l£- -k±h-e c¡J l¡S¢VL¡
5. L¡S£ eSl¦m Cpm¡j- haÑj¡e ¢hnÄp¡¢qaÉ
6. j¤qÇjc Bhc¤m q¡C- Bj¡-cl h¡wm¡ EµQ¡lZ
7. Lh£l ®Q±d¤l£- Bj¡-cl BaÁf¢lQu
-R¡VNÒfAeÉ¡eÉlQe¡:
1. lh£¾cÐe¡b W¡L¥l- ®f¡øj¡ØV¡l
2. -l¡-Lu¡ p¡M¡Ju¡a ®q¡-pe- Ah-l¡d h¡¢pe£
3. ¢hi§¢ai¨oZ h-¾c¡f¡dÉ¡u- f¤yCj¡Q¡
4. ¯puc Ju¡m£ Eõ¡q- eueQ¡l¡
5. S¡q¡e¡l¡ Cj¡j- HL¡šll ¢ce…¢m
6. q¡p¡e B¢SS¤m qL- Ol-Nl¢ÙÛ
7. BMa¡l¦‹¡j¡e C¢mu¡p- AfO¡a
e¡VL:
1. Lhl- j¤¢el ®Q±d¤l£
Year-2: Semester-1
Aim:
Learning Outcomes:
Course Content:
Suggested Readings:
Constitution of Bangladesh
Ahmed, Moudud: Era of Sheikh MujiburRahman, University Press Limited. Dhaka.
Ahmed, Professor Ali: Theory and Practice of Bangladesh Constitution, H. A. Publisher,
Dhaka, 1stEdn. 1998
Choudhury, Dilara: Constitutional Development in Bangladesh, UPL, 1995.
Chowdhury, Badrul Haider: Evolution of Supreme Court of Bangladesh, Dhaka University
Mahmudul Islam: Constitutional Law of Bangladesh.
Choudhury, Jashim Ali: Constitutional Law
A¡mj, ®j¡x n¡q: h¡wm¡-c-nl p¡w¢hd¡¢eL C¢aq¡p J pw¢hd¡-el pqSf¡W
31
Aim:
The principles of equity reduce the brittleness and rigidity of law. The course includes the
study of the principles of equity and trust. As the equitable principles are largely translated
into the statutory laws of the country, the course will put a focus on the Trusts Act of 1887 as
well. This course aims to help students gather basic knowledge on equity and trust.
Learning Outcomes:
Know the key principles of equity that the form the bedrock of every administration
of justice, understand and appreciate the probable scope of application of those
principles to the concrete cases governed by statutes and written laws and
Know the laws and regulations governing the trust ownership and the rights and
obligations appertaining thereto.
Course Content:
Equity:
6. Maxims of Equity
7. Equitable Doctrines
10. The Law of Equity Redemption and the Law against Clogging
Trust:
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6. Rights, powers and disabilities of trustees
9. Extinction of Trust
Suggested Readings:
Gandhi, B. M: Equity Trust and Specific Relief Act, Eastern Book Company, Lucknow.
Singh, G. P: Equity Trust and Specific Relief, Central Law Agency, Allahabad
Aim:
This course provides students with an understanding of the system of public international law
which regulates relations between actors on the global stage. Topics include: the nature of
international law; sources of international law, including treaties, customary international law
and general principles of law; participants in the international legal system, including
statehood, legal personality and diplomatic protection; territory; state responsibility;
jurisdiction and immunity; the relationship between international law and municipal law; the
international law of human rights; the operation of the United Nations system, including the
role of the General Assembly, international dispute settlement and the role of the
International Court of Justice. and the law regulating the use of force and the role of the
Security Council.
Learning Outcomes:
33
Undertake self-directed international legal research at a high level
Course Content:
9. State Jurisdiction – Subjective and Objective territorial principle, Active and Passive
nationality principle, Universal jurisdiction, Protective principle
10. State Responsibility – Responsibility for internationally wrongful acts, Risk and Fault
Theory, Reparation, Compensation, Satisfaction and Restitution, ILC’s Draft Article on
International State Responsibility
12. International Law of Rivers – International status of the Tars boundary Rivers, principle
of equitable distribution of river resources, control of navigation, mutual rights and duties
among the upper riparian and lower riparian states.
13. International Law of Organizations – United Nations – Ideals, Objectives Powers and
Functions. Principal Organs of the UN, Specialized Agencies of the UN, Regional
Organizations.
34
15. Use of Force and Humanitarian Intervention – Individual and Collective Self Defense,
Anticipatory self defense and Pre-emptive Self Defense, norms and permissible limits of
intervention on humanitarian grounds, Unilateral v. Collective intervention.
Suggested Readings:
Brownlie, Ian: Basic Documents in International Law, Clarendon Press, Oxford, 1972.
Kapoor, S. K :International Law, Allahabad: Central Law Agency, 10th Edition, 1994.
Dixon, Martin :Text Book on International Law, London: Blackstone Press Limited, 2nd
Edition, (Reprinted in 1995)
Chaudhari, Abdul Rashid :Public International Law, Lahore: The Caravan Book House,
1962.
Rashid, B. Harun: International Law, Dhaka: AnupamGyanBhandar, Revised Edition, 1998.
Aim:
Labour and Industrial law deals with the different kinds of workers, rights of workers,
welfare and safety measures in workplace, collective bargaining and trade union, settlement
of labour disputes, issue of compensation and punishments for violation of labour laws.
Learning Outcomes:
Hold a clear idea about the legal landscape of labour rights and obligations in
Bangladesh
Holds an informed opinion on the adequacy or inadequacy in the labour standard
compliance system
Advise and counsel the potential victims of labor abuse.
Understand the collective Bargaining
Dimension of labour rights
Identify and understand the key international instruments and principles governing the
international labour rights
Course Content:
2. Factory Laws: Issues of Health, Welfare, Working Hours, Leave and Holidays.
4. Leave and holidays: procedures for changes in condition of service by way of stoppage
of work, layoff, retrenchment etc.
35
5. Conclusion of service of the worker by the employer through dismissals, discharge and
termination.
6. Procedures for Defending Worker’s Rights against Illegal Dismissals, Termination etc.
Penalties of Offences.
7. Law of Trade Unions: Role and Functions of Trade Unions, Registration of Trade
Unions, Rights and Privileges of Registered Trade Unions.
9. Trade Union Movement: History of trade union movement in the Indian Sub-continent,
Problems of trade union movement in Bangladesh.
13. Application to Labour courts and Tribunals: Constitution, Functions and Powers of
Labour Courts and theLabour Appellate Tribunal.
Suggested Readings:
Aim:
This is a course on the laws and regulations on business and commercial transactions on
Bangladesh. It also deals with the principles of commercial law.
Learning Outcomes:
Course Content:
6. Law of Arbitration
7. Law of Partnership.
Suggested Readings:
37
Course Code and Title Credits Contact Hours
LLB 2111: Fiscal Laws of Bangladesh 3 42
Aim:
A student of taxation will have to make a detailed study of fiscal policy and tax in
Bangladesh. Our tax laws appear to be seriously complicated to many a people. An analysis
of this aspect will have to be made so that the reasons for such complications can be know.
Learning Outcomes:
Course Content:
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duty, Valuation procedure, date for determination of value and rate of duty, determination of
customs duty.
17. 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
18. 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.
Suggested Readings:
Aim:
This course is intended to make students familiar with the constitutional systems of a few
countries, in particular the Constitution of United States of America, The United Kingdom
and India. The course teacher will try to examine many issues from a comparative
perspective- legal structure and concepts that are found in Constitutions across the world,
percepts such as basic rights and their enforcement, rule of law, systems of governance,
judicial review, to name a few. Students will be benefitted from deeper understanding of the
doctrines and values underlying the provisions and principles from various constitutional
systems.
Learning Outcomes:
Course Content:
39
1. British Constitution: Sources and Characteristics of the British Constitution, Magna
Carta, Petition of Rights, Bill of Rights, Conventions of the Constitution, Crown and the
Parliament, Parliamentary Sovereignty; The Cabinet, Ministerial Responsibility, Rule of
Law, Seperatiob of Powers, Constitutional Conventions, The UK Supreme Court, Judicial
Review, Supremacy of European Laws, Human Rights Protection, Constitutional Devolution
2. U.S. Constitution: US Constitution, Separation of Powers, Congres and the President,
Election of the members of the Senate and the House of Representative and the President,
Judiciary, Civil Rights under the Constitution, Equality Clause, Problems of Race and
Affirmative Action, Individual rights to bear arms and privacy, Federalism, Supreme Court as
the Guardian of US Constitutionalism and Society, Judicial Activism, conservative and
liberal forces in the Supreme Court
3. Indian Constitution: Historical Background of the Indian Constitution, Nature of the
Indian Constitution and the Form of Government; Fundamental Rights and Directive
Principles of State Policy; Fundamental Duties; The President; Council of Ministers;
Parliament ((LokSabha&RajyaSabha); The Supreme Court; The Union and the State; The
Executive, The Legislature and Judiciary; The Election Commission of India, Status of
Kashmir in the Indian Constitution.
Suggested Readings:
Anand, C.L: Commentary on the Constitution of India, Eastern Book Company, Lucknow,
3rdEdn. 1980.
Dicey, A.V: Law of the Constitution. Macmillan Universal Law Publishing Co. Delhi,
10thEdn. 1998.
Wade, E.C.S: Constitutional Law, British Language Book Society and and Longmans, ELBS,
7thEdn. 1965.
Jain, M.P: Indian Constitutional Law. 4thEdn.Wadhwa and Company, India, 1994.
Dicey, A.V: An Introduction to the study of the Law of the Constitution, 19thEdn. Macmillan
Universal Law Publishing Co. Delhi, 1998.
Hilaire Barnett: Constitutional and Administrative Law.
Year-2: Semester-2
Aim:
Learning Outcome
40
Students completing the course on Constitutional Law of Bangladesh –
Are expected to have a deep understanding of the historical and philosophical
foundations of of the state
Will understand the fundamental tenets of the public law of Bangladesh and the
institutional set up of the Republic.
Finally, the students should be able to articulate their independent views over
contemporary crucial constitutional issues.
Course Content:
The executive - The president-Election. Status, Powers and Functions Ordinance making
power of the president, Impeachment, The Prime Minister and the Cabinet, Non-Party
Caretaker Government, provisions relating to Local Government.
The Legislature - Power and extent of Legislative Authority, Formation, Duration, Functions
of parliament, Qualification and disqualification of Members of Parliament, Vacation of
Seats, Reservation of Seats for Women, Floor Crossing, Speaker and Deputy Speaker, Law
making procedure and financial procedure of parliament, Parliamentary Privileges &
Immunities, Ordinance Making Power of the President, Democratic Oversight of the
parliament, Ombudsman: Appointment , Rationality, Principles, Powers and Functions,
Comptroller and Auditor General,
The Judiciary - The Supreme Court of Bangladesh, the Subordinate Courts, Independence of
Judiciary, Writ and PIL, Judicial Review, Democracy deficit of judicial review, Judicial
discretion and activism, The Administrative Tribunal
Proclamation of Emergency
Suggested Readings:
41
Course Code and Title Credits Contact Hours
LLB 2203: Shipping Law and Admiralty Law 3 42
Aim:
The aim of the course is to make student familiar with the pre-conditions for registration of
Ship; nationality of ship; proprietary interest in ship; mortgage and mode of transfer of ship;
special features of ship building contract; maritime lien and claim; and the process of
enforcement of maritime claim. The course also aims to familiar the students with the
jurisdiction of the Admiralty court and its procedures under the legal framework of
Bangladesh
Learning Outcomes:
Know how to registrar a ship in a country and what are the rights and privileges under
shipping law of that country.
Examine the global practice as to determining nationality of ship.
Understand maritime lien and maritime claim for taking action through Admiralty court.
Get introduced with liabilities in mortgage of Ship.
Demonstrate proficiency in drafting Ship building contract.
understand admiralty jurisdiction and procedure of admiralty matters in Bangladesh; and
Enforcement mechanism of maritime claims and maritime liens.
Course Content:
Shipping Law
Nationality, registration and ownership of Ships; the Concept of ‘Genuine Link’; Types of
Ship Registries- Closed Registries, Open Registries, International Registries; Types of Ship
Registration- Regular Registration, Bareboat Registration, Provisions on Ship Registration in
the Convention on the High Seas, 1958, Provisions on Ship Registration in UNCLOS, United
Nations Convention on Conditions for Registration of Ships, 1986; Proprietary interests in
Ships, Acquisition and Transfer of Title and Ownership in Ships, Shipbuilding Contracts,
Agreements Ancillary to Shipbuilding Contracts, Standard Forms of Contracts, Ship
Conversion Contracts, Commercial Practices, Sale and Purchase of Second-hand Tonnage,
Sale and Purchase of Second-hand Tonnage Contracts (Formation of the Contract, Rights and
Obligations of the Parties Involved), Standard Forms of Contracts, Alternative Security
Arrangements , Commercial Practices, Security Rights in Ships; Nature and Characteristics
of Ship Mortgages and Hypothecs, Mortgages and Hypothecs Distinguished, Formation of
Ship Mortgages and Hypothecs, Registration of Ship Mortgages and Hypothecs, Rights and
Duties of the Parties Involved, Priority and Ranking of Ship Mortgages and Hypothecs,
Extinction of Ship Mortgages and Hypothecs, Conflict of Laws in Relation to Ship
Mortgages and Hypothecs, Bangladesh Merchant Shipping Ordinance, 1983.
Admiralty Law
Sources of Maritime Liens and Privileges; Nature and Characteristics of Maritime Liens and
Privileges; Distinction between Liens/Privileges and Mortgages/Hypothecs; Types of
Maritime Liens and Privileges; Priority and Ranking of Maritime Liens and Privileges;
Enforcement of Maritime Liens and Privileges; Extinction of Maritime Liens and Privileges;
Conflict of Laws in Relation to Maritime Liens and Privileges.
Suggested Readings:
Aim:
This course offers an indepth understanding of criminology, theories of punishment and their
supposed philosophical and sociological justifications. In addition the course introduces
students to the discipline of victimology which will shift the study from accused centric
approach to much needed victim centric approach. It will examine relationship between
criminology and criminal law, shed light on penology, prison system and victimology.
Learning Outcomes:
Suggested Readings:
Siddique, Ahmad: Criminology: Problems and Perspectives, Eastern Book Company,
Lucknow
Paranjape, N.V.: Criminology and Penology, Central Law Publications, Allahabad, 1993
Ponnaian, M.: Criminology and Penology, PonRoni Publications, Delhi, 1995
Reid, Sue Titus: Crime and Criminology
Quinney, Richard: Criminology
Sheikh Hafijur Rahman: Theoretical and applied Criminology
Aim:
The main objective of the course is to provide idea about the legal provisions relating to law
of Evidence.
44
Learning Outcomes:
Course Content:
Suggested Readings:
Evidence Act, 1872 (Government Publication)
Sarker: : Law of Evidence, Wadhaw, Nagpur
45
Munir, M.: Principles and Degree of the Law of Evidence, The University Book Agency,
Allahabad
Huq, Zahirul: Evidence, Bangladesh Law Book Company, Dhaka
Singh, Avtar: Principles of the Law of Evidence, Central Law Publication
Singh, K.K.: The Indian Evidence Act, 1872, Eastern Book Company, Lucknow
Aim:
The focus of this course in on the study of the concept of ‘Property’, the ‘nature of property
rights’ and the general principles governing the tranfer of property. A detailed sudy of the
substantive law relating to particular transfers, such as sale, mortgage, lease, exchange, gift
and actionable claims will also be undertaken.
Learning Outcomes:
Course Content:
46
6. Mortgages of Immovable properties: (i) Definition, classification of mortgage and their
characteristics; (ii) rights and liabilities of mortgagors (iv) rights and liabilities of mortgagees
(v) law a to priority; (vi) marshalling securities and contribution.
7. Provision as to Charges and doctrine of merger.
8. Lese of immovable property: (i) Definition, duration of leases and low leases are made;
(ii) rights and liabilities of lessor; (iii) rights and liabilities of leassee; (iv) determination of a
lease; (v) forfeiture of a lease; & (vi) holding over.
9. Provision as to Exchange of immovable property
10. Provision as to Gift of immovable property, Statutory Change in relation to gifts.
11. Transfer of actionable claims: (i) transfer how effected; (ii) rights and liabilities of the
transferee; (iii) right of an assignee of marine and fire policies.
Aim:
Administrative law focuses on the rules and regulations that guide and control administrative
agencies. This course examines the legal and practical foundations and principles of modern
administrative state particularly Bangladesh. The course will assess the rationales of
delegation to administrative agencies, the constitutional and statutory framework that
regulates the decision-making process, and finally judicial review of administrative agencies.
Learning Outcomes:
Course Content:
Suggested Readings:
Takwani, C.K.: Lectures on Administrative Law, Eastern Book Company, Lucknow.
Jain, M.P & Jain S.N: Principles of Administrative Law, Eastern Book Co., Delhi 4 thEdn.
1991
Jain, M.P & Jain, S.N.: Principles of Administrative Law, Wadha and Company, Nagpur,
India.
Sathe, S. P.: Administrative Law, N. M. Tripathi Pvt. Ltd. Bombay.
Fenwick, Helen: Constitutional and Administrative Law, Cavendish Publishing Ltd, London.
Year-3: Semester-1
Aim:
The course is intended to provide the students with indepth knowledge regarding the history
of land law, land regulations from time to time, land survey, record of rights and settlement
of land related disputes. After completing this Course the student will learn about the
permanent Settlement, when a land may increase the rights over the land, rights of a
bargadar, duties of a land owner, about the acquisition and requisition and so on.
Learning Outcomes:
Course Content:
48
4. Law relating to revenue-free lands-origin of revenue free grants-policy of the East
India Company in this respect, Regulation XIX of 1793 The Non-Badshahi Lakhiraj
Regulation, Regulation XXXVII of 1793 The Badshahi Lakhiraj Regulation.
5. Law relating to Alluvion and Dilluvion; Reformation in situ and Right of Jalkar or
fishery, Regulation XI of 1825 Bengal Alluvion and Dilluvion Regulation.
6. 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, The Bengal Tenancy
Act, 1985- Definition and classes of Tenants; Provision as to occupancy-raitats; Incidents of
Occupancy-right; Provision as to improvement.
Suggested Readings:
Kabir, Dr. Lutful: Land Laws of Bangladesh, Vols. I-IV, Ain Prokashan, Dhaka
Khan, Md. Ansar Ali: Land Laws of Bangladesh, Bangladesh Law Book Company, Dhaka
Khan, A.K.: Land Laws of Bangladesh, Khosroz Kitab Mahal, Dhaka
Sikder, Ansar Uddin: Land Laws and Land Administration Manual
Aim:
The aim of the course is to enlighten student with the process of delimitation of maritime
boundary of a coastal state, rights and duties of coastal and land locked state in the sea area;
state obligation for marine environment; state liability for violating innocent passage;
accelerating international passage through transit; and the dispute settlement procedure
among the member states.
Learning Outcomes:
By the end of the course the student will be able to identify and analyze:
The extent of maritime boundary under International Law; the process of determining
maritime boundary along with the duties and rights for the coastal state.
Application of civil and criminal jurisdiction within maritime boundary of a coastal state.
The reciprocity of state obligation in exploring its natural resources and duties therefor.
Adoption of national marine policy to explore marine resource.
International adjudicatory process to solve maritime boundary related dispute.
Course Content
Historical background, general introduction and elements of the law of the sea, principles of
the law of the sea, baselines, internal waters, territorial sea, straits used for international
navigation, archipelagic states, contiguous zone, continental shelf, exclusive economic zone,
fisheries, land-locked and geographically disadvantaged states, the high seas, prohibition of
transport of slaves, piracy, Illicit Traffic in Narcotic Drugs or Psychotropic Substances,
Unauthorized Broadcasting, Right of Visit, Right of Hot Pursuit, Submarine Cables and
Pipelines, regime of islands, enclosed and semi-enclosed seas, legal regime of the arctic, The
49
Area , Principles governing the Area, The Authority, the System of Exploitation of Deep
Seabed Resources, Protection and preservation of marine environment.
Suggested Reading:
Tanaka, Yoshifumi: The International law of the sea
Rahman, Habibur: Law of the sea
R.R. Churchill and A.V. Lowe: The Law of the Sea
Aim:
This course is designed to understand the meaning of crime, methods of controlling them and
the essential principles of criminal liability by a study of a range of offences under the Penal
Code.
Learning Outcome:
Course Content:
50
17. Offences relating to weight and measures.
18. Offences affecting the Public Health Safety, Convenience, Decency and Morals.
19. Offences relating to religion.
20. Offences Affecting the Human Body – Offences Affecting Life (murder, culpable
homicide), hurt, criminal force and assault.
21. Offences against Property – theft, extortion robbery and dacoit. criminal
misappropriation of property, mischief, criminal trespass.
22. Offences relating to documents, trade and property marks, currency notes and bank
notes.
Suggested Readings:
Penal Code, 1860 (Government Publication)
Kabir, L :Lecture on Penal Code with Leading Cases, AinProkashan, Dhaka
Huq, Zahurul: The Penal Code, AnupamGyanBhandar, Dhaka
Ratanlal and Dhirajlal: The Indian Penal Code, Wadhwa& Company, Delhi
Islam, Md. Zahirul: The Penal Code, Bangladesh Law Book Company, Dhaka
Aim:
The course is aimed at equipping the students with the knowledge of the pre-trial, trial and
the subsequent process. The course will acquaint the student with organization of the
functionaries under the Code, their power and functions at various stages and the procedure
according to which these powers and functions are to be exercised. In addition, the course
teacher shall endeavor to familiarize the students with the case paper like FIR, Police
statement, charge sheet, etc.
Learning Outcome:
identify and know well the administration of criminal justice in the Bangladesh;
understand the jurisdictional dimensions of criminal justice;
understand the procedural features of the criminal justice system;
form a well developed and advanced level of opinion as regards the efficiency and
inefficiency of the system.
Course Content:
1. Definitions
2. Constitution of criminal Courts
3. Jurisdiction and Power of Criminal Courts
4. Aid and Information to the Magistrates, the police and persons making arrests
5. Arrest generally, arrest without warrant
51
6. Process to compel appearance: summons, warrant of arrest, proclamation and
attachment, other rules regarding processes
7. Summons to produce, search warrant, general provisions relating to searches
8. Security for keeping the peace and for good behavior
9. Unlawful assemblies
10. Public nuisances, temporary orders in urgent cases of nuisance or apprehended
danger
11. Dispute as to immovable properties
12. Preventive action of the police
13. Information, investigation and inquiry, place of inquiry or trial
14. Complaint to Magistrate
15. Commencement of proceedings before Magistrate
16. Charges i) Framing of charge ii) General provisions as to inquiries and trials
iii) trial by Magistrates iv) summary trials v)trial by courts of sessions
vi)Judgment vii) submission of sentences for
17. confirmation.
Suggested Readings:
Aim:
This course is designed to acquaint the students with the various stages through which a civil
suit passes through, and the connected matters.
Learning Outcomes:
Course Content:
Suggested Readings:
Code of civil Procedure, 1908 with upto date amendment (Government Publication)
Khan, Md. Ansar Ali: Commentary on the code of Civil Procedure, Bangladesh Law Book
Company, Dhaka
Mahmud, Shaukat: Civil Procedure Code, Legal Research Centre, Lahore
Sarkar, S. C: Code of Civil Procedure, Kamrul Book House, Dhaka
Mahmudul Islam: Code of Civil Procedure
Takwani, CK : Civil Procedure
Aim:
This course has been designed to give a sound knowledge on alternative dispute resolution
mechanisms as means of dispute resolution in an amicable way. This course aims to provide
students with a general understanding of the distinctive contribution of ADR in settlement
process and existing legal aid mechanisms.
Learning Outcomes:
Course Content:
Definition, nature, scope and objective of Alternative Dispute Resolution (ADR), advantage
and disadvantages of ADR
53
History of ADR in the Sub- Continent- modern ADR movement in USA and other countries,
ADR movement in Bangladesh
Different Modes of ADR in Bangladesh: Modes of third party intervention, negotiation and
bilateral decision making process
Mediation: Definition, mediation process, role of mediators, context and form of mediated
settlement
Court Sponsored ADR: Mediation under the Civil Procedure Code, 1908, ADR in criminal
justice system, conciliation and mediation under the Family Court Ordinance, 1985, ADR
under the Village Court Act, 2006, ADR under the Labour Code, 2006
ADR mechanism in the Muslim Family Laws Ordinance, 1961, the Custom Act, 1969, the
Income Tax Ordinance 1984, Value Added Tax Act, 1991, the Conciliation of Dispute
(municipal area) Board Act, 2004, Arbitration Act, 2001, Money Loan Court Act, 2003
Access to justice and legal aid, importance of legal aid in Bangladesh context, legal aid under
the Legal Aid Act, 2003.
Suggested Readings:
Aim:
This course will help students on developing their confidence as a participating various co-
curricular activities. It will also enhance their personal position independently or within the
organization and understand the right behavior during public and private interactions.
Learning outcomes:
On successful completion of this unit, students should be able to:
Successfully confront personal and professional challenges
Engage in appropriate social conduct
Determine what constitutes right behaviour in a given situation
54
Enhance personal position independently or within the organization
Set realistic goals to help reach full potential in life
Contents:
Students are required to take and pass one of the co-curricular courses. A list of probable co-
curricular courses are given below:
Theater and Music
Graphic Arts
Table Tennis
Badminton
Swimming
Photography
Leadership
Social Ethics
Debate
Mooting
Recitation
Year-3: Semester-2
Aim:
The course is intended to provide the students with indepth knowledge regarding the land
regulations from time to time, land survey, record of rights and settlement of land related
disputes. this Course also aimed to teach about the permanent Settlement, when a land may
increase the rights over the land, rights of a bargadar, duties of a land owner, about the
acquisition and requisition and so on. This course also aims to provide students with a general
understanding of the process and procedure of recovering public debts and dues.
Learning Outcomes:
At the end of the course, the students should be able to
understand the historical dimension of the evolution of land administration in
Bangladesh;
understand the key administrations of the government dealing with land issues;
identify the loopholes in the overall land management of Bangladesh;
understand the major land surveys and the title and rights created and modified
thereby;
know the process of correcting errors on the land related documentation; Possible
solution to major land management obstacles faced by the system.
55
know about execution of certificate relating to different matters, referal to civil
court and provisions for appeal, review and revision.
Course Content:
1. Evolutions of Tenancy- State Acquisition and Tenancy Act (Act XVIII of 1950)
2. Law relating to abolition of zemindary system: acquisition of all rent receiving interest by
the State: Definitions who is not a rent receiver;
3. Definition- Acquisition of the interest of rent receivers and consequences thereof- special
Provisions regarding Lands held in lieu of service.
4. Preparation of Records of Rights – Assessment of compensation.
5. Provisions relating to arrears of Revenue, Rent &Cesses.
6. Provisions relating to arrears of revenue, Rent &Cesses.
7. Incidents of holding of raiyats.
8. Assessment, Enhancement and Reduction of rent.
9. Amalgamation, Subdivision and Consolidation of holdings.
10. Maintenance and revision of record of rights.
11. Appeal, Revision and Review
12. Law relating to non-agricultural Tenancy – Definitions & classes of Non-agricultural
Tenancy – Tenancies held by a Non-agricultural Tenant
13. Incidents of 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.
14. The Law of Vested Properties in Bangladesh.
15. Provision as to Acquisition and Requisition of Immovable Property.
Suggested Readings:
Kabir, Dr. Lutful: Land Laws of Bangladesh, Vols. I-IV, AinProkashan, Dhaka
56
Khan, Md. Ansar Ali: Land Laws of Bangladesh, Bangladesh Law Book Company, Dhaka
Khan, A.K.: Land Laws of Bangladesh, KhosrozKitabMahal, Dhaka
Sikder, AnsarUddin: Land Laws and Land Administration Manual
Barrister Abdul Halim, Text Book on Public Demands Recovery.
Aim:
This course is designed to understand the meaning of crime, methods of controlling them and
the essential principles of criminal liability by a study of a range of offences under the Penal
Code.
Learning Outcome:
Course Content:
Suggested Readings:
Aim:
The course highlights on related international legislations on various aspects of safety and
security in sea. Moreover, the course covers the legal arena for liability in marine collision;
salvages and wrecks; towage; pilot age; piracy, hijacking and armed robbery at sea.
Learning Outcomes:
Course Content:
Ship’s Safety, Cargo Safety, Occupational Safety, Classification Societies, Human Element
and Safety Management, Ship Operation, Manning Standards and Certification of Seafarers,
Principles of Safe Manning, Navigational Safety, Aids to Navigation, Maritime Signals and
Beacons, Radio Aids, Meteorological Aids, Hydrographic Aids, Control of Ship Safety, Flag
State Control, Substandard Ships and Actions against Substandard Shipping, Port State
Control, Liability in Collision Cases, Jurisdiction in Collision Cases, Apportionment of Fault
in Collision Cases, Principles of the Law of Salvage, Salvage and the Environment,
Relationship between Towage and Salvage, Towage Contracts, Implied Obligations of Tug
and Tow, Collisions Occurring During a Towage Service, Legal Status of a Pilot,
Compulsory Pilotage, Duties of the Master and Pilot during the Pilotage Service, Illegal
Interference during the Pilotage Service, Liability of a Pilot, Master and Harbour Authorities.
Piracy, Hijacking And Armed Robbery against Ships, United Nations Measures to Combat
Piracy, IMO Measures to Combat Piracy, Code of Practice for the Investigation of Crimes of
Piracy and Armed Robbery against Ships, Human Smuggling and Human Trafficking,
trafficking of illicit arms, maritime terrorism and unlawful acts, International Ship and Port
Facility Security.
Suggested Reading:
58
Aims:
The course is aimed at equipping the students with the knowledge of the pre-trial, trial and
the subsequent process. The course will acquaint the student with organization of the
functionaries under the Code, their power and functions at various stages and the procedure
according to which these powers and functions are to be exercised. In addition, the course
teacher shall endeavor to familiarize the students with the case paper like FIR, Police
statement, charge sheet, etc.
Learning Outcome:
Course Content:
Suggested Readings:
Aim:
59
Learning Outcomes:
On completion of the course student will be capable of-
Identifying the magnificent dimensions of marine environment and its pollution.
Analyzing international legal framework for law of Maritime Environment under
international conventions in comparison to municipal legislations.
Conducting research with any specific aspects of Marine environment either based on
regional or global issue.
To be employed for consulting on adoption of national Marine Spatial Planning or
other drafting any other legislation on Maritime environment.
Course Content:
Historical Background, Development of Principles for the Sustainable Development of the
Environment under the United Nations Conferences, UNEP and its Regional Seas Program,
Basis of Liability for Marine Pollution, Law of Negligence in Relation to Marine Pollution,
Doctrine of Strict Liability/Polluter Pays Principle, Criminal Law Relating to Marine
Pollution: Application of Mens Rea, State Responsibility, Inter-Relationship between
Prevention of Pollution of the Marine Environment and Protection and Conservation of the
Living Resources of the Sea, Protection and Preservation of the Marine Environment,
preparedness, response, cooperation, pollution liability and compensation.
Suggested Reading
Principles of International Environmental law- Philippe Sands
International Law and protection of Marine Environment - Haward S. Schiffman
Aim:
This course is designed to acquaint the students with the various stages through which a civil
case passes through, and the connected matters. The objective of the course is also to provide
idea about the legal provisions relating to law of Limitation in Bangladesh.
Learning Outcomes:
Course Content:
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Code of Civil Procedure
Law of Limitation
Suggested Readings:
Code of civil Procedure, 1908 with upto date amendment (Government Publication)
Khan, Md. Ansar Ali: Commentary on the code of Civil Procedure, Bangladesh Law Book
Company, Dhaka
Bangladesh Limitation Act, 1908 as amended up to date
Mahmood, Shaukat, and Shaukat, Nadeem, Limitation Act, Legal Research Centre, Lahore
Khan, Raja Said Akbar: The Limitation Act, PLD Publishers, Lahore
Mullick, M.R,: The limitation Act, Eastern Law House, Calcutta
D. L. R.: Limitation Act
Khan, S. A.: Limitation Act
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Aim:
The aim of the course is to enlighten student with the process of delimitation of maritime
boundary of a coastal state, rights and duties of coastal and land locked state in the sea area;
state obligation for marine environment; state liability for violating innocent passage;
accelerating international passage through transit; and the dispute settlement procedure
among the member states.
Learning Outcomes:
By the end of the course the student will be able to identify and analyze:
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The extent of maritime boundary under International Law; the process of determining
maritime boundary along with the duties and rights for the coastal state.
Application of civil and criminal jurisdiction within maritime boundary of a coastal state.
The reciprocity of state obligation in exploring its natural resources and duties therefor.
Adoption of national marine policy to explore marine resource.
International adjudicatory process to solve maritime boundary related dispute.
Course Content
Suggested Reading:
Tanaka, Yoshifumi: The International law of the sea
Rahman, Habibur: Law of the sea
R.R. Churchill and A.V. Lowe: The Law of the Sea
Year-4: Semester-1
Aim:
This course aims to assist the students in drafting and structuring both contentious and non-
contentious drafting and conveyancing.
Learning Outcomes:
Course Content
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Conveyancing and Legal Drafting (non-contentious): Principles of Drafting and
Conveyancing, Distinction between conveyancing and drafting, drafting deeds of some non-
contentious matters- sale, mortgage, lease, exchange, gift or hiba, wakf, trust, will or wasiyat,
deed of power of attorney etc., writing legal opinion, notice- kinds, preparation of different
kind of notice.
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 of
Cr.P.C. (detention), drafting under section 526 of Cr.P.C., drafting under section 528 of the
Cr.P.C.
Civil Drafting: Pleading, essentials of pleading, drafting a plaint, drafting an application
for temporary injunction, drafting a written statement, drafting plaint under the Money Loan
Act, drafting an application for withdrawal of suit, drafting an appeal against an order.
Supreme Court Drafting: Drafting a writ petition, drafting a criminal appeal, drafting a
criminal revision (quashing), petition for condonation of delay, petition for civil revision,
drafting a memo of appeal.
Suggested Readings:
Aim:
This course aims to provide the students with the knowledge and skills necessary to
undertake legal research. Students will examine the sources of legal information and various
methods of locating these sources together with the skills necessary to research legal topics
and to use legal references
Learning Outcomes:
On successful completion of this course students will be able to:
Course Content:
Historical; Research: Meaning, Objectives, Motivations, Types and Significance, Method and
Methodology, Scientific Method, Research Process;
Report Writing: Use of Citations, Foot Notes, Reference, Bibliography, Indexes, Appendixes;
Tools of Legal Research: Library, Books, Law Reports, Law Commission Reports,
Legislative and Constitutional Assembly Reports, Computer/Internet;
Legal Research and Law Reforms: Role of Judges and Jurists, Recommendations of
Commissions and Committees etc.;
Suggested Readings:
Faruque, Abdullah Al, Dr.: Essentials of Legal Research, Palal Prokashani, Dhaka, 2010
Aim:
This course has been designed to give the students a holistic understanding of intellectual
property, creation and protection of intellectual rights. This course examines areas of
intellectual property, including copyright, patents, designs, trade-marks, confidential
information and passing off. The operation of Bangladesh law is examined and then studied
in the context of the international intellectual property framework.
Learning Outcomes:
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Course Contents:
Patent: Introduction, Definition, nature, rationale behind the patent system, Patent and
industrial design, conditions of patentability, Novelty an Disclosure, Patentable Subject-
matter, procedure for Grant of Patents, Requirements of patent application, The Doctrine of
exclusive rights, Scope, exceptions and compulsory licenses; Duration of protection,
Infringement of paten rights, Defenses to infringement and Revocation; Patent and
Technological Development, Licensing and the Transfer of Technology.
Industrial Property: Trademarks and Trade names, Definition of Trademarks and names,
Service marks, Distinctions, Functions of Trademarks and Trade names, Economic
Importance of Trademarks, Reasons for protecting Trademarks and Names, Object and
Policy considerations in Trademarks, Signs which may serve as Trade-marks, Collective
marks and certification marks, Criteria of predictability, the Doctrine of Distinctiveness,
secondary meaning of marks, Special types of marks, Acquisition of Trademarks rights,
Registration procedure, Conflict with prior marks; Duration of Protection and Renewal;
Termination of Trademarks rights; Scope of protection, Exclusive rights;
Suggested Readings:
A.W. Choudhury : Manual of Trade Marks, Merchandise Marks and
Patents
Design
Carter-Ruck and James : Copyright, Modern Law and Practice
John Parcy Eddy : The Law of Copyright
Karley : Law of Trade Marks and Trade Name
P.Narayan : Intellectual Property
W.R. Carnish : Intellectual Property
Aim:
The course is designed to understand the formation, management and other activities of the
companies. In view of the important developments that have taken place in the corporate
sector, many new regulations pertaining to the issue of shares and the capital raising have
come into force. This course aims to impart the students, the corporate management, control,
possible abuses, the remedies and government regulation of corporate business and winding
up of companies.
Learning Outcome:
On completion of this course, the students will be able to-
Demonstrate a detailed understanding of contract law, knowing how to recognize
formation, discharge and remedies for breach of contract
Recognize the existence of a contract of sale and demonstrate an understanding of the
legal and commercial aspects of sale contracts
Recognize the existence of a partnership and demonstrate and understanding of the legal
and commercial aspects of partnership
Recognize a negotiable instruments and to explain the legal position relating to such an
instrument utilizing the principles of contract law,
Demonstrate their knowledge of the main provisions of the Bankruptcy Act,
And Demonstrate their knowledge of the main provisions of Arbitration Act 2001
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Course Content:
Suggested Readings:
Aim:
This course aims to make the student capable to grapple with the art of interpretation of
statutes and other legal documents. This course also aims to develop the skill of
interpretation.
Learning Outcome:
Course Content:
Rules of Interpretations
1. General Clauses Act, 1897 Introduction: Objectives of the Act, its scope and
application, general definitions.
2. General Rules of Construction, coming into operation of enactments, effect of repeal,
revival of repealed enactments, construction to references to repealed enactments,
commencement and termination of time, computation of time.
3. Powers and functionaries
4. Provisions as to Orders, Rules etc. made under enactments
5. Miscellaneous provisions
Suggested Readings:
Aim:
The main objective of the course is to provide idea about the legal provisions relating to
Specific Relief Act in Bangladesh and Law of Registration.
Learning Outcomes:
Know about different provisions of the Specific Relief Act including recovery of
possession of property, specific performance of contract, rectification and cancellation
of instrument and injunctions
Understand provisions relating to law of registration in Bangladesh, powers and
duties of registering officials and remedies.
Course Content:
Law of Registration
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Suggested Readings:
Specific Relief Act, 1877 with up to date amendment (Govt. publication)
Mahmood, Shaukat, and Shaukat, Nadeem: The Specific relief Act, Legal Research Centre,
Lahore
Ghandi, B.M.: Equity, Trusts and Specific Relief, Eastern Book Company, Lucknow
Basu, D. D.: Specific Relief Act, Easter Book company
Registration Act, 1908 as amended up to date (government publication)
Mahmood, Shaukat, Nadeem: Registratin Act, Legal Research Centre, Lahore
Mulla, D.F.: Indian Registration Act
D.L.R.: Registration Act.
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Year-4: Semester-2
Course Code and Title Credits Contact Hours
DEV 4201: Mock trial and moot court 1.5 21
Aim:
Learning Outcomes:
Course Content:
Trail Advocacy (civil and criminal): Interviewing and Counseling of Clients- Clients
Interviewing Skills- Marshaling of Facts- Preparation for Opening and closing Statement-
Witness Examination Tactics- Cross Examination Art- Language of Examination- Direct and
Cross Examination- Inconsistent Statement- Witness Control- Expert Witness Examination-
Expert Witness and Rules- Qualifying Experts- Direct and Cross Examining Expert witness-
Credibility of Depositions of Witnesses- Framing of Arguments.
Definition of Mooting, Importance of Mooting, Difference: Moot v. Mock Trail, Moot v.
Class Assignments or tutorials, Structure and officers of Moot, Common Rules of Mooting,
Techniques of Good Mooting, Qualities of a Good Mooter, Brief and Demonstration about
International mooting Competitions, The Moot Problems, The Moot Court Sessions,
Suggested Readings::
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Robert M Bastreset. al, Interviewing Counseling and Negotiating Skill for Effective
Representation
John Snape, How to Moot: A Student Guide to Mooting
Aim
Thesis: This course aims to make the student skilled in research, writing and analysis.
Internship: This course aims to make the student capable of relating theoretical knowledge
in practical fields and understand the maritime legal procedure.
Learning Outcomes
Thesis: The students will gain hands-on research experience through completing a research
project, starting with hypothesis development, literature searching, experimental design, data
collection, analysis, and interpretation. Students will also gain experience in written and oral
communication.
General Guides
Internship students shall be placed in any law chambers, government and semi-autonomous
institutions, NGOs, maritime business enterprises, shipping institute or research institutions
for a minimum required period as decided by BSMRMU Authority. On completion of
internship a report to be submitted as per BSMRMU format.
Note: Students in writing will apply for either thesis or internship which will be duly
approved by the Chairman Department of Maritime Law and Policy.
Aim:
The aim of this course is to learn about professionalism and ethics in legal arena.
Learning Outcome:
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By the end of this course the students would be able:
Course Content:
Suggested Readings:
N.H. Jhabvala, professional Ethics
Viva Voce
Viva voce will be held at the end of every year. Viva Voce will be taken on the subjects
taught in that year. The viva board will be comprised of the following members:
i. Chairman of the Department – Board Chairman (Ex officio)
ii. Minimum 2 two internal members
iii. One external member
Study tour
Aim:
Learning Outcome:
After the completion of the trip/visit, the students will be able to:
Explain the practical functions of maritime organisation
Analyze the duties and responsibilities of different maritime professionals
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Method of Conduct:
Every year, there will be one study tour/ field trip. The study tour/ field trip will normally be
conducted within the country. However, study tour/ field trip 4th year may be conducted in
overseas countries subject to availability of sponsorship. All of the visit will be conducted in
maritime organizations. like. ports, dockyards, different shipping companies, ICDs,
Terminals, Bangladesh Navy, Maritime institutes, Freight forwarder agencies etc.
Degree ++
The department/faculty shall offer Certificate Courses in the relevant field. Each student shall
have to complete minimum 3 (Three) courses from the approved list in section 12 as a part of
requirement of the degree. These courses will be conducted according to the regulations for
conducting short (certificate) course of BSMRMU. Registration fees will be applicable for
these certificate courses.
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