Bangladesh Bar Council MCQ cheat sheet

Sources of Bangladeshi law rank: Constitution > statutes > subordinate legislation > judicial precedent > custom (where not repugnant to law).

Article 111: law declared by the Appellate Division is binding on all courts; Article 112: all courts subordinate to the Appellate Division.

Precedent operates vertically (higher courts bind lower) and horizontally (Appellate Division generally bound by its own decisions unless manifestly wrong).

Ratio decidendi binds; obiter dicta persuasive only. Distinguishing avoids precedent by showing material difference in facts.

Jurisprudence: Austin - law is command of sovereign backed by sanction; Hart - union of primary and secondary rules; Kelsen - pure theory, grundnorm.

Natural law: lex injusta non est lex (Aquinas); positivism rejects necessary link between law and morality (Bentham, Austin, Hart).

Legal rights (Hohfeld): right, duty, privilege, no-right, power, liability, immunity, disability - correlatives and opposites.

Realist and sociological schools (Holmes, Pound) treat law as prediction of official action and as social engineering respectively.

Constitution adopted 4 November 1972, effective 16 December 1972; preamble pledges nationalism, socialism, democracy, secularism.

Article 7: Constitution is supreme; inconsistent law void. Article 7(2) declares abrogation of Constitution by force of arms is treason.

Article 26: laws inconsistent with fundamental rights are void; Article 44: enforcement of fundamental rights by High Court Division under Article 102.

Part III fundamental rights include equality (27-29), life and personal liberty (32), protection against arbitrary arrest (33), fair trial (35), religion (39-41).

Article 102: writs of certiorari, mandamus, prohibition, quo warranto, habeas corpus; habeas corpus lies against both public and private detention.

Article 48(2): President acts on advice of Prime Minister; Article 55: executive power exercised by Prime Minister and Cabinet.

Article 70: a member resigning from party loses seat; anti-defection provision limits parliamentary dissent.

Article 142: amendment requires two-thirds majority of total membership; however basic structure doctrine limits destructive amendments (per appellate jurisprudence).

Emergency: Articles 141A-141C suspend enforcement of fundamental rights under Article 141C during proclamation.

Contract Act 1872 s.2(h): agreement enforceable by law. s.10: free consent, lawful object and consideration, capacity, not void.

s.2(d) consideration: may move from promisee or any other person; need not be adequate (s.25 explanation 2) but must be lawful.

s.11: minor's contract void ab initio; s.12: person of unsound mind cannot contract; s.14: consent not free if coercion, undue influence, fraud, misrepresentation, mistake.

Void agreements: s.24 (unlawful consideration), s.26 (restraint of marriage), s.27 (restraint of trade, with statutory exceptions), s.28 (restraint of legal proceedings), s.30 (wager).

s.56: agreement to do impossible act void; s.65: restoration of benefit on void agreement; s.70: obligation of person enjoying benefit of non-gratuitous act.

s.73: damages for breach - natural and probable consequence; s.74: liquidated damages reasonable compensation, not penalty.

Specific Relief Act 1877: specific performance discretionary (s.10); damages not adequate remedy is core test; s.21-24 bars (personal service, determinable contracts).

Injunction: temporary (Order XXXIX CPC) and perpetual (s.52-57 SRA); s.56 bars injunction to restrain judicial proceedings or breach of contract not otherwise enforceable.

Negligence elements: duty of care, breach, causation, damage. Standard is reasonable person; res ipsa loquitur shifts evidential burden.

Strict liability (Rylands v Fletcher): non-natural use, escape of dangerous thing, foreseeable damage; defences act of God, plaintiff's default, statutory authority.

Vicarious liability: employer liable for employee's torts in course of employment; independent contractor generally not liable unless non-delegable duty.

Defamation: libel (permanent form, actionable per se) vs slander (transient, special damage generally required); defences truth, fair comment, privilege.

Trespass to land: direct, intentional entry; nuisance: unreasonable interference with use and enjoyment, distinguished by indirectness and continuity.

Consumer Rights Protection Act 2009: defines consumer, prohibits adulteration, false advertising, hoarding; remedies include compensation and imprisonment.

Consumer Protection: Directorate of National Consumer Rights Protection may investigate and file complaints; penalties vary with offence gravity.

Limitation for tort: generally 1 year from act under Limitation Act 1908 Article 113 (tort) unless specific provision applies.

Penal Code 1860 s.299: culpable homicide; s.300: murder (exceptions: grave and sudden provocation, private defence, public servant, sudden fight, consent).

s.302 punishment for murder: death or imprisonment for life; s.304: culpable homicide not murder - up to 10 years or fine.

Mens rea maxims: actus non facit reum nisi mens sit rea; mens rea categories - intention, knowledge, rashness, negligence.

Theft (s.378): dishonest intention to take movable property without consent; robbery (s.390): theft with force or fear; dacoity (s.391): five or more persons.

CrPC 1898: FIR under s.154; investigation s.156-173; charge sheet s.173; cognizable vs non-cognizable (Schedule II).

Arrest: s.41 CrPC; production before magistrate within 24 hours (Constitution Art. 33); remand provisions ss.167, 344.

Bail: bailable as of right (s.496); non-bailable discretionary (s.497); anticipatory bail under s.498.

Trial: summons case (s.241-249) vs warrant case (s.251-259); summary trial s.260-265; appeal s.404-431.

CPC 1908 s.9: civil courts have jurisdiction except where barred; s.15: suit where defendant resides or cause of action arises.

s.80: two months' notice to government before suit; s.89: ADR/mediation; s.96: appeal from original decree; s.100: second appeal on substantial question of law.

Order VII Rule 11: rejection of plaint for no cause of action, barred by law, insufficient court fee, etc.

Order VI: pleadings; Order VIII: written statement; Order IX: appearance and non-appearance; Order XXXIX: temporary injunction (prima facie case, irreparable injury, balance of convenience).

Res judicata (s.11): matter directly and substantially in issue in former suit, same parties, competent court, final decision.

Limitation Act 1908: Article 113 - 3 years for contracts; Article 113 (tort) - 1 year; Article 142 - 12 years for immovable property recovery.

s.5 Limitation Act: extension of time on sufficient cause for appeals and applications (not suits).

s.14: exclusion of time in good faith before wrong court; s.18: acknowledgment in writing restarts limitation.

Evidence Act 1872 s.3: evidence means oral (documents) and documentary; includes electronic records by amendment.

s.17-31 admissions; s.32 dying declaration (statement of person dead or unavailable) admissible; s.60 oral evidence must be direct.

s.45 expert opinion relevant; s.47 opinion as to handwriting; s.65 secondary evidence of documents in specified cases.

Burden of proof: s.101 general rule - person asserting must prove; s.106 burden shifts for facts especially within knowledge.

s.114: court may presume existence of certain facts (illustrations include common course of business, natural events).

Estoppel (s.115): representation of fact, intended to be acted upon, actual reliance - prevents denial.

s.25 confession to police inadmissible; s.26 confession in police custody inadmissible unless before magistrate; s.27 discovery pursuant to information admissible.

s.137-138 examination-in-chief, cross-examination, re-examination; s.146 cross-examination on credit; s.151 court may put questions.

Transfer of Property Act 1882 s.5: transfer by living person; s.6: what may not be transferred (spes successionis, mere right of re-entry, etc.).

s.54: sale of tangible immovable property of value 100 taka or more requires registered instrument; s.58: mortgage types - simple, conditional sale, usufructuary, English, equitable.

s.105: lease definition; s.106: notice to quit (15 days for month-to-month, 6 months for yearly).

Registration Act 1908: documents requiring registration (s.17) - sale deed, mortgage deed, gift of immovable property; unregistered document inadmissible for creating interest (s.49).

State Acquisition and Tenancy Act 1950: raiyat, under-raiyat; ceiling on landholding; khas possession.

Non-Agricultural Tenancy Act 1949 governs urban tenancies; Agricultural Tenancy Act 1950 governs agricultural holdings.

Pre-emption: Muslim law (shufa) and statutory pre-emption under SAT Act s.96 (co-sharer, contiguous owner).

Mutation does not confer title; it is fiscal record. Title flows from deed and possession.

Muslim marriage: offer and acceptance, witnesses (two males or one male + two females), mahr (dower) - prompt and deferred.

Talaq forms: ahsan (single pronouncement with iddat), hasan (three successive), badai (three in one sitting - irregular but may be effective under law).

Dissolution of Muslim Marriages Act 1939: wife's grounds - absent husband, failure to maintain, cruelty, impotence, etc.

Hindu Marriage Act 1955 (Bangladesh): conditions, void and voidable marriages; restitution of conjugal rights; judicial separation.

Special Marriage Act 1872: civil marriage irrespective of religion; notice and registration requirements.

Guardianship: Guardians and Wards Act 1890 - court appoints guardian; welfare of minor is paramount.

Maintenance: Family Courts Ordinance 1985 - summary procedure; CrPC s.488-490 criminal maintenance.

Succession: Muslim law - sharers (Quranic heirs) and residuaries; Hindu law - Dayabhaga (Bengal) applies, not Mitakshara.

Companies Act 1994: types - private (max 50 members, min 2), public (min 7, no max), one-person company not separately recognised.

Incorporation: memorandum, articles, declaration, registered office; certificate of incorporation conclusive evidence (s.24).

Directors: minimum 2 for private, 3 for public; duties include fiduciary duty, care, skill; liability for fraudulent trading.

Meetings: AGM within 6 months of financial year end and 15 months of previous AGM; statutory meeting for public companies (s.83).

Winding up: compulsory by court (s.234), voluntary (members' or creditors'), supervision by court.

Negotiable Instruments Act 1881: cheque, bill of exchange, promissory note; s.138 dishonour of cheque - criminal liability with notice and 30-day payment window.

Bank Companies Act 1991: licensing, capital adequacy, loan classification; Bangladesh Bank regulatory powers.

Arbitration Act 2001: based on UNCITRAL Model Law; grounds to set aside award (s.43); enforcement of foreign awards under New York Convention.

Judicial review grounds: illegality, irrationality (Wednesbury unreasonableness), procedural impropriety, proportionality (where fundamental rights involved).

Natural justice: audi alteram partem (right to hearing) and nemo judex in causa sua (rule against bias - actual, apparent, pecuniary).

Delegated legislation controls: ultra vires, procedural ultra vires, substantive ultra vires, unreasonableness.

Ombudsman: Bangladesh has an Ombudsman provision (Art. 77) but no appointment yet; administrative tribunals under Art. 117.

Administrative Tribunals Act 1980: service matters exclusively for Administrative Appellate Tribunal and Administrative Tribunal.

Bangladesh Bar Council Order 1972: enrolment, suspension, disciplinary tribunal; advocates' duties to court, client, opponent.

Professional misconduct: contempt, misleading court, conflict of interest, disclosure of client confidences (with exceptions), fee-sharing with non-advocates.

Advocates' conduct rules: cannot appear where pecuniary interest; must maintain confidentiality; cannot advertise.

Sources (ICJ Statute Art. 38): treaties, custom, general principles, judicial decisions and writings as subsidiary means.

Treaty law (VCLT 1969): pacta sunt servanda; rebus sic stantibus (fundamental change of circumstances); jus cogens peremptory norms.

Statehood (Montevideo 1933): permanent population, defined territory, government, capacity to enter relations; recognition declaratory or constitutive.

Jurisdiction: territorial, nationality, protective, passive personality, universal (piracy, genocide, war crimes, crimes against humanity).

Immunity: state immunity (restrictive vs absolute), diplomatic immunity (VCDR 1961), consular (VCCR 1963).

Human rights instruments: UDHR 1948 (non-binding), ICCPR, ICESCR, CRC, CEDAW; Bangladesh is party to major ones.

International crimes: genocide (1948 Convention), war crimes (Geneva Conventions), crimes against humanity (Rome Statute); ICC complementarity principle.

Use of force: Article 2(4) UN Charter prohibits; exceptions - self-defence (Art. 51), Security Council authorisation.