Bangladesh Bar Council MCQ key terms

A High Court Division order calling up the record of an inferior tribunal or public authority and quashing a decision made without lawful jurisdiction or in breach of natural justice.

The High Court Division's power under Article 102 of the Constitution to examine whether an administrative or quasi-judicial act is lawful, and to grant relief where it is not.

The legal right of a person to bring a matter before a court because that person has sufficient interest in, or is aggrieved by, the act complained of.

Two minimum fair-hearing rules: no one may be a judge in their own cause, and a person affected by a decision must be given notice and a chance to be heard.

The rule that no adverse decision may be taken against a person without first informing that person of the case and allowing a fair opportunity to answer it.

The principle that an act done by a public body or company beyond the powers conferred on it by statute or its constitutive documents is invalid and of no legal effect.

The constitutional principle that government must act under law, that all persons are equal before the law, and that rights are determined by ordinary courts rather than arbitrary power.

The enforceable guarantees in Part III of the Constitution, such as equality, life and personal liberty, and freedom of expression, which may be enforced against the State under Article 44.

The rule that a decision of a superior court on a point of law binds lower courts and later benches of coordinate strength in similar cases, subject to distinguishing.

The legal reason or principle on which a court's decision actually rests; only this part of a judgment carries binding authority as precedent.

Remarks made by a judge that are not necessary to the decision; they are persuasive only and do not bind later courts as precedent.

An expression of willingness to contract on stated terms, made with the intention that it shall become binding as soon as the other party accepts it.

A preliminary communication, such as a price display or advertisement, that invites the other party to make an offer rather than being an offer itself.

Unqualified agreement to all the terms of an offer, communicated to the offeror, which completes the formation of a contract.

Something of value given by each party in exchange for the other's promise; it must move from the promisee but need not be adequate.

The rule that only the parties to a contract may sue or be sued upon it, so a stranger to the agreement cannot enforce its benefits.

A discretionary equitable decree compelling a party to carry out its contractual promise, granted where damages are inadequate, as with contracts for land.

A court order restraining a person from doing, or requiring a person to do, a specified act; in contract it may be granted where damages would not suffice.

A tort committed where the defendant owes the claimant a duty of care, breaches that duty, and thereby causes damage that is not too remote.

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

Liability that arises without proof of fault or intention, for example for escape of a dangerous thing brought onto land, subject to recognised defences.

A defence to a tort claim meaning that the claimant freely and knowingly consented to the risk of the harm that occurred.

The guilty mental element of an offence, such as intention, knowledge or recklessness, which must be proved alongside the prohibited act.

The physical or external element of a crime: the conduct, circumstances and consequences that the prosecution must prove beyond reasonable doubt.

The obligation of a party to prove a fact or issue; in criminal trials the prosecution bears it beyond reasonable doubt, while civil cases use a balance of probabilities.

The rule that an accused person is treated as innocent until the prosecution proves guilt beyond reasonable doubt, and the benefit of doubt goes to the accused.

Release of an accused person from custody pending trial, with or without sureties, on condition of attending court and not interfering with the case.

The bar preventing a party from suing again on a matter already finally decided between the same parties by a competent court on the merits.

The set of facts that gives a person the right to sue; it must exist at the time the suit is filed and determines the court's jurisdiction.

A statutory time limit within which a suit or proceeding must be brought; expiry generally bars the remedy, though the underlying right may survive.

A statement made out of court and offered to prove the truth of its contents; it is generally inadmissible unless it falls within a recognised exception.

A statement by a person as to the cause of death or circumstances of the fatal injury, admissible even though the maker cannot be cross-examined in court.

A rule preventing a person from denying a fact or position that they previously asserted or allowed another to rely upon to their detriment.

Acquisition of title to land by open, continuous and hostile possession for the statutory period, without the true owner's permission.

The administrative recording of a change in land ownership in the revenue records; it is a fiscal record and does not itself confer or extinguish title.

In Muslim personal law, the sum or property the husband must give the wife as a mark of respect, either fixed at marriage or determined by law.

A husband's unilateral pronouncement dissolving a Muslim marriage, subject to statutory notice and reconciliation procedures under Bangladeshi law.

A divorce at the instance of a Muslim wife, obtained by giving consideration to the husband in exchange for release from the marriage.

The charter of a company stating its name, registered office, objects, liability and capital, which governs the company's permitted activities.

The internal regulations of a company governing its management, share dealings and meetings, which operate as a contract between the company and its members.

Disregarding a company's separate legal personality to hold its members or directors personally liable, typically where the company is used as a sham or fraud.

The international law principle that treaties in force are binding on the parties and must be performed in good faith.

The exclusive authority of a state over its territory and people, and its independence from external control in its internal and external affairs.