Preliminary Examination (MCQ)
Total Marks-100, TimeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”)- 1 Hour
Subject | Number of questions | Marks | Time |
The Code of Civil Procedure, 1908
(Act No. V of 1908) |
20 | 20 | 01 Hour |
The Specific Relief Act, 1877
(Act No. I of 1877) |
10 | 10 | |
The Code of Criminal Procedure, 1898 (Act No. V of 1898) |
20 | 20 | |
The Penal Code
(Act No. XLV of 1860) |
20 | 20 | |
The EvidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved.
Bharatiya Sakshya (Second) Adhiniyam 2023
Act, 1872
(Act No. I of 1872) |
15 | 15 | |
The Limitation Act, 1908
(Act No. IX of 1908) |
10 | 10 | |
Professional Ethics, Bar Council Order & Rules, Legal Decisions and Reports | 05 | 05 | |
Total | 100 | 100 |
Written Examination
Total Marks-100, Time- 4 Hours
Group | Subject | Number of questions to be answered | Marks | Time | |
A | (i) The Code of Civil Procedure, 1908 (Act No. V of 1908) |
Two out of three | 15 x 2 =30 | 04 Hours | |
(ii) The Specific Relief Act, 1877
(Act No. I of 1877) |
|||||
B | The Code of Criminal Procedure, 1898
(Act No. V of 1898) |
One out of two | 15 x 1 =15 | ||
C | The Penal Code
(Act No. XLV of 1860) |
One out of two | 15 x 1 =15 | ||
D | The Evidence Act, 1872 (Act No. I of 1872) |
One out of two | 15 x 1 =15 | ||
E | The Limitation Act, 1908
(Act No. IX of 1908) |
One out of two | 15 x 1 =15 | ||
F | Professional Ethics, Bar Council Order & Rules, Legal Decisions and Reports | One out of two | 10 x 1 =10 | ||
Totl | 100 |
Detailed Syllabus
The Code of Civil Procedure, 1908
(Act No. V of 1908)
- Definitions
- Scope and application of the Code of Civil Procedure
- Meaning of suits of civil nature
- JurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. of civil courts
- Res judicata and Res subjudice
- Place of suing
- Institution of suits and proceedings
- Parties to suits
- Pleadings and amendment of pleadings
- Plaint
- Written statement and set off
- SummonsSummons It means an application to the Court in relation to an action or appeal which has to be served on other parties or non‑parties.
- Discovery and inspection
- Appearance and Non‑appearance of parties
- Examination of parties
- Admissions, production, impounding and return of documents
- Settlement of issues and disposal of suits
- Adjournments
- Hearing of the suit and examination of witnesses
- Affidavits
- Interim Orders: Arrest and attachment before judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022), Appointment of receiver, Temporary injunctions, Commission, Security for costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs.
- Alternative Dispute Resolution: MediationMediation It includes a process (ICC Mediation Rule), whether referred to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or an expression of similar import, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as mediator (Indian Law), who does not have the authority to impose a settlement upon the parties to the dispute. The process is private and confidential. The process ends when a settlement has, or has not, been reached. Read more, ArbitrationArbitration (ADR) A dispute settlement process whereby the parties agree to submit their differences to judges of their own choice and to abide by the decision of the judges. and Mediation in appeal
- Transfer of suits
- Suits in particular Cases: Suits by and against government or public officers, Suits by and against aliens and foreign rulers, Suits by or against corporations, Suits by or against trustees, executors and administrators, Suits by or against minors and lunatics, Suits relating to public nuisance, Suits relating to public charities
- Various kinds of Suits: Representative Suit, Inter-pleader Suit, Pauper suit, Money Suit, Title Suit etc.
- Withdrawal and compromise of suits
- Death, marriage and insolvency of parties
- Suits involving interpretation of the ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more
- Judgement and decree
- Execution of decree
- Appeal
- Review
- Revision
- Reference
- Restitution
- Inherent power of the courts
The Specific Relief Act, 1877
(Act No. I of 1877)
- Specific Relief how given
- Nature of preventative relief
- Recovery of Possession of Property
- Specific performanceSpecific performance The remedy of specific performance is special and extraordinary and is at the court’s discretion, which the court would only exercise “if, under all the circumstances, it is just an equitable to do so”. Factors affecting the court’s discretion include considerations such as: (a) whether damages would be an adequate remedy; and (b) whether the person against whom the relief of specific performance is being sought would suffer substantial hardship. of contracts
- Rescission of contracts
- Rectification of the instruments
- Cancellation of the instruments
- Declaratory decrees
- Injunction: Temporary and Perpetual Injunction, when such injunctions are granted and when refused; provisions relating to mandatory Injunction.
The Code of Criminal Procedure, 1898
(Act No. V of 1898)
- Definitions
- Constitution and powers of criminal courts
- Information of offence
- Arrest, escape and retaking
- Temporary order in urgent cases
- Security for keeping the peacePeace εἰρήνη and for good behaviour
- Dispute as to immovable property
- Processes to compel appearance
- Processes to compel the production of documents
- Prevention of offences
- Information to the police and their powers to investigate
- Diary of proceedings in investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. and Report of police officer
- Proceedings in prosecutions: the jurisdiction of the criminal courts in inquiries and trials
- Complaints to Magistrates & commencement of proceedings
- Trial of cases by magistrates
- Summary trial
- Trial before the courts of sessions
- General provisions as to inquiries and trials
- Procedure in cases mentioned in section 195
- Bail, bailable offence and non‑bailable offences
- Compoundable offences and non-compoundable offences
- Transfer of cases
- Special proceedings
- Supplementary provisions regarding public prosecutor
- Commission for the examination of witnesses
- Trial in absentia
- Directions of the nature of a habeas corpus
- Inherent power of High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. Division
- Appeal
- Reference
- Revision
The Penal Code, 1860
(Act No. XLV of 1860)
- Essential elements of an offence
- General explanations
- Acts done by several persons in furtherance of common intention
- Abetment
- Punishment: its objectives and limits
- General exceptions
- Criminal conspiracy
- Offences against the state
- Offences against the public tranquility
- Offences by or relating to public servants
- Contempt of the lawful authority of public‑servants
- False evidence and offences against public justice
- Offences relating to coin and government stamps
- Offences relating to weight and measures
- Offences affecting the public health, safety, convenience decency and morals.
- Offences affecting the humanHuman Ο άνθρωπος (Humanum> Homo sapiens) मानव:. We have failed to consider the minimum need to be a 'human'. For Christians, human beings are sinful creatures, who need some saviour. For Evolution biology a man is still evolving, for what, we don´t know. For Buddhist Nagarjuna, the realisation of having a human body is a mere mental illusion. We are not ready to accept that a human is a computer made of meat. For a slave master, a human person is another animal, his sons and daughters are his personal property. body
- Criminal intimidation
- Offences against property
- Offences relating to Documents and to trade or property marks; Offences relating to marriage
- Defamation
- Attempts to commit offences
The Evidence Act, 1872
(Act No. I of 1872)
- Interpretation clause
- Facts in issue and relevancy of facts
- Admission and confession
- Statements by persons who can not be called as witnesses
- Statements made under special circumstances
- Oral evidence
- Documentary evidence
- Public documents and private documents
- PresumptionPresumption An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. as to documents
- Exclusion of oral evidence by documentary evidence
- Production and effect of evidence
- Burden of proofArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: “because”, “since”, “for”, and “as”; typical conclusion indicators include “therefore”, “thus”, “hence”, and “so”. पंच अवयव तर्कः प्रतिज्ञा हेतू उदाहरणम् निगमनम् अवयवाः > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument.
- Estoppel
- Witnesses, Examination of witnesses
- Role of judges in adversarial system and inquisitorial system.
The Limitation Act, 1908
(Act No. IX of 1908)
- Objects, interpretation and application of the Limitation Act, 1908
- Definitions
- Limitation of suits, appeals and applications
- Legal disability
- Computation of period of limitation
- Grounds of extension and exemption of period of limitation
- Suspension of limitation
- Waiver of limitation
- Effect of fraud and acknowledgment of Limitation
- Effect of payment
- Exclusion of time in legal proceedings
- Continuing breaches and wrongs
- Adverse possession
- Acquisition of right to easements
- The First Schedule (Description of suit, appeal and application, Period of limitation, Time from which period begins to run)
Professional Ethics, Bar Council Order & Rules, Legal Decisions and Reports
- Legal profession and social responsibilities
- Lawyers and public interest
- Confidentiality, transparency and accountability of a Lawyer
- Oath of an Advocate
- Canons of Professional Conduct and Etiquette
- Composition and functions of the Bangladesh Bar Council
- Difference between Bar Council & Bar Association
- Constitution, jurisdiction and procedure of Bangladesh Bar Council Tribunal
- The Bangladesh Legal Practitioners and Bar Council Rules, 1972
- Legal decisions and law reports