Bangladesh Bar Council MCQ flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Doctrine of Basic Structure

Constitutional principle that Parliament cannot amend the Constitution so as to destroy its essential features, such as supremacy, separation of powers, and judicial review.

Article 102 writ jurisdiction

High Court Division may issue certiorari, mandamus, prohibition, quo warranto, and habeas corpus to enforce fundamental rights or for other legal purposes.

Ratio decidendi

The legal principle or rule upon which a court's decision is based; it binds lower courts under the doctrine of precedent in common law systems.

Obiter dicta

Statements of law made by a judge that are not necessary to the decision; they are persuasive but not binding on lower courts.

Consideration under Contract Act

Something of value given in return for a promise; under s.2(d) it may move from the promisee or any other person and need not be adequate.

Free consent

Consent is free when not caused by coercion, undue influence, fraud, misrepresentation, or mistake, as defined in sections 14 to 18 of the Contract Act.

Res ipsa loquitur

The thing speaks for itself; a doctrine allowing negligence to be inferred when the accident is of a kind that ordinarily does not occur without negligence.

Strict liability rule

Under Rylands v Fletcher, a person who brings onto land something likely to do mischief and it escapes is liable for damage, subject to defences.

Culpable homicide

Section 299 of the Penal Code defines it as causing death by doing an act with intention of causing death, or such bodily injury as is likely to cause death.

FIR

First Information Report under section 154 CrPC; it is the earliest report of a cognizable offence recorded by police and sets investigation in motion.

Res judicata

Section 11 CPC: a matter directly and substantially in issue in a former suit between the same parties cannot be re-litigated in a subsequent suit.

Temporary injunction

Order XXXIX CPC remedy granted pending trial where there is a prima facie case, irreparable injury, and balance of convenience favouring the applicant.

Dying declaration

Statement of a person as to the cause of death admissible under section 32 Evidence Act, even if not on oath, when the maker is unavailable.

Burden of proof

Section 101 Evidence Act: a person who desires a court to give judgment as to a legal right must prove the facts that establish the claim.

Registered sale deed

Under section 54 Transfer of Property Act, transfer of tangible immovable property worth 100 taka or more requires a registered instrument.

Shufa (pre-emption)

Right of a co-sharer or contiguous owner to acquire land in preference to a stranger when it is sold, recognised under Muslim law and statute.

Mahr (dower)

In Muslim marriage, a sum or property payable by the husband to the wife as a mark of respect; it may be prompt or deferred.

Iddat

The waiting period observed by a Muslim woman after divorce or death of husband during which remarriage is prohibited and maintenance may be due.

Certificate of incorporation

Under section 24 Companies Act 1994, it is conclusive evidence that the company is duly registered and legally exists.

Cheque dishonour offence

Section 138 Negotiable Instruments Act: dishonour of a cheque for insufficient funds is an offence if notice is given and payment is not made within 30 days.

Audi alteram partem

Hear the other side; a principle of natural justice requiring that no person be condemned without a fair opportunity to be heard.

Wednesbury unreasonableness

A ground of judicial review where an administrative decision is so unreasonable that no reasonable authority could ever have made it.

Pacta sunt servanda

Treaties are binding on the parties and must be performed in good faith, as codified in Article 26 of the Vienna Convention on the Law of Treaties.

Jus cogens

Peremptory norms of international law from which no derogation is permitted, such as prohibitions on genocide, slavery, and torture.

Article 111 binding precedent

The law declared by the Appellate Division is binding on all courts subordinate to it, including the High Court Division, under the Constitution.

Void agreement

An agreement not enforceable by law, such as one with unlawful consideration, restraint of trade, or restraint of marriage, under sections 24 to 30 Contract Act.

Vicarious liability

Liability of one person for the torts of another, typically an employer for acts of an employee committed in the course of employment.

Section 302 Penal Code

Punishment for murder: death or imprisonment for life, and fine, where the act falls within the definition of murder under section 300.

Order VII Rule 11

CPC provision allowing rejection of a plaint where it discloses no cause of action, is barred by law, or is insufficiently stamped.

Estoppel

Section 115 Evidence Act: a person who by representation induces another to act cannot later deny the truth of that representation.

Mutation of land records

Fiscal entry recording change of ownership in government revenue records; it does not itself confer or create title to land.

Dayabhaga school

Hindu law school prevailing in Bengal governing succession and joint family property, distinct from Mitakshara followed elsewhere in India.