সহকারী জজ নিয়োগ পরীক্ষার সিলেবাস- আবশ্যিক আইন বিষয়
সহকারী জজ নিয়োগ পরীক্ষার সিলেবাস-
আবশ্যিক আইন বিষয় মোট নম্বর – ৫০০
১। দেওয়ানী মামলা সংক্রান্ত আইন : (১০০ নম্বর)
ক. The Code of Civil Procedure, 1908
খ. The Specific Relief Act, 1877
গ. The Civil Courts Act, 1887
ঘ. The Limitation Act, 1908
ঙ. বিকল্প বিরোধ নিষ্পত্তির ধারণা ও এতদ্সংক্রান্ত আইন
The Code of Civil Procedure, 1908 (Act No. V of 1908)
Scope and Application of the Code; Decree and its Classification, Order, Mense Profit, Decree-Holder, Judgment-Debtor, Suits of Civil Nature; Jurisdiction of the Civil Courts: Res subjudice & Res judicata; Place of Suing; Institution of Suits; Frame of Suits; Parties to the Suits; Necessary and Proper Parties; Transposition of Parties; Pro forma Defendant; Issue and Service of Summons; Pleadings Generally: Plaint; Written Statement and Set off; Appearance of Parties and Consequences of Non-appearance; Examination of parties by the Court; Discovery, Inspection & Interrogatories; Admission; Production; Impounding and Return of Documents; Issues; Disposal of the Suit at the First Hearing; Summoning and Attendance of Witnesses; Provisions Relating to Adjournments; Hearing of the Suit and Examination of Witnesses; Death, Marriage and Insolvency of Parties; Withdrawal and Adjustment of Suits; Commissions; Suits by or against the Government or Public Officers in Their Official Capacity; Suits by or against Minors and Persons of Unsound Mind; Interpleader Suits; Attachment before Judgment; Interlocutory Orders; Temporary Injunctions; Appointment of Receivers; Judgment and Decree; Execution of Decrees and Orders; Appeals from Original Decrees and Orders; Reference; Review; Revision; Inherent Powers of Court; Amendment of Judgment, Decrees and Orders; Appeals to the Appellate Division; Enlargement of time; Power to Make up Deficiency of Court-Fees and Leading Case-laws of the Supreme Court of Bangladesh on the Above Topics.
The Specific Relief Act, 1877 (Act No. I of 1877)
Nature, Scope and Object; Specific Relief How Given; Relief not Granted to Enforce Penal Law; Recovery of Possession of Property; Specific Performance of Contracts; Rectification of Instruments; Recession of Contracts; Cancellation. of Instruments; Declaratory Decrees; Appointment of Receivers; Injunctions Generally; Perpetual Injunction; Mandatory Injunction; Refusal of Injunctions; Guiding Principles of Granting Injunction; and Leading Case-laws of the Supreme Court of Bangladesh on the Above Topics.
The Civil Courts Act, 1887 (Act No. XII of 1887)
Constitution and Jurisdiction of Civil Courts; Determination of Jurisdiction; Temporary Charge of District Court; Place of Sitting of Courts; Power of District Judge to Transfer Cases; Bar to Try Suits in which Judges’ Interests are Involved.
The Limitation Act, 1908 (Act No. IX of 1908)
Nature, Scope and Objects; Definitions and Applicability; Prescription, Laches and Limitation; Limitation in Criminal Proceedings; Limitation of Suits, Appeals and Applications; Extension of Time; Mistake of Facts and Law; Fraud; Acknowledgement; Easement; Adverse Possession; Legal Disability; Doctrine of Condonation of Delay; Extension of Time of Proceeding in Wrong Courts; Appeals and Computation of Period of Limitation; Acquisition of Ownership by Possession.
বিকল্প বিরোধ নিষ্পত্তির ধারণা ও এতদসংক্রান্ত আইন ও
Concept and Theories of Alternative Dispute Resolution (ADR); Modes of ADR; ADR Mechanism in-
(i) The Code of Civil Procedure, 1908
(ii) The Muslim Family Laws Ordinance, 1961
(iii) The Customs Act, 1969
(iv) The Income-tax Ordinace, 1984
(v) পারিবারিক আদালত আইন, ২০২৩ (২০২৩ সনের ২৬ নং আইন)
(vi) মূল্য সংযোজন কর ও সম্পূরক শুল্ক আইন, ২০১২
(vii) বিরোধ মিমাংসা (পৌর এলাকা) বোর্ড আইন, ২০০৪
(viii) সালিশ আইন, ২০০১
(ix) অর্থ ঋণ আদালত আইন, ২০০৩
(x) গ্রাম আদালত আইন, ২০০৬ এবং
(xi) বাংলাদেশ শ্রম আইন, ২০০৬।
২। অপরাধ সংক্রান্ত আইন : (১০০ নম্বর)
ক. The Code of Criminal Procedure, 1898. (৪০ নম্বর)
খ. The Penal Code, 1860 (৪০ নম্বর)
গ. The Evidence Act, 1872 (২০ নম্বর)
The Code of Criminal Procedure, 1898 (Act No. V of 1898)
First Information Report, Complaint, Charge-Sheet, Cognizance, Cognizable and Non-Cognizable Offence, Bailable and Non-Bailable Offence, Inquiry and Investigation, Non Cognizable case; Constitution and Powers of Criminal Courts; Aid and Information to the Magistrates, the Police and Persons Making Arrests; Arrest Generally, Arrest Without Warrant; Process to Compel Appearance; Maintenance of Public Order and Tranquility; Preventive Action of Police; Information to Police and Process of Investigation; Proclamation and Attachment; Search Warrant; Discovery of Persons Wrongfully Confined; Security for Keeping the Peace and for Good Behaviour; Unlawful Assemblies; Public Nuisance; Dispute as to Immovable Property, Information, Investigation and Inquiry; Jurisdiction of Criminal Courts in Inquiries and Trials; Initiation of Proceedings; Complaints to Magistrates; Commencement of Proceedings Before the Magistrates; Framing of Charges; Trial of Cases by Magistrates; Summary Trials; Trial before the Court of Sessions; Mode of Taking and Recording Evidence; Judgment; Submission of Sentences for Confirmation; Appeal; References and Revision; Execution; Suspension; Remission and Computation of Sentences; Provisions as to Bail and Bonds, Anticipatory Bail; Public Prosecutors; Commission for Examination of Witnesses; Special Rules of Evidence; Disposal of Property in Criminal Cases; Transfer of Criminal Cases; Inherent Power of the High Court Division; Payment of Expenses and Compensation Out of Fine; Provision for Powers of Judges and Magistrates being exercised by their successor in office and Leading Case-laws of the Supreme Court of Bangladesh on the Above Topics.
The Penal Code, 1860 (Act No. XLV of 1860)
Origin; Nature and Scope of the Law; Development of Criminal Law; Elements in Crime; Definitions: Relation between Civil Injuries and Crimes; Criminals and Involvement of the State; Common Intention and Common Object; Motive; Mensrea; Knowledge; Presumption of Innocence; Mistake of Fact and Mistake of Law; Punishment: Its Objects and Limitation; General Exceptions; Joint Liability; Abetment; Criminal Conspiracy; Offences Against the State; Offences Against the Public Tranquility; False Evidence and Offences Against Public Justice; Offences Relating to Coin and Government Stamps, Offences Relating to Religion; Offences Affecting the Human Body: Homicide, Culpable Homicide, Hurt, Grievous Hurt, Criminal Force, Assault, Wrongful Restraint and Confinement, Kidnapping, Abduction, Offences against Property: Theft, Extortion, Dacoity and Robbery; Criminal Misappropriation of Property; Criminal Breach of Trust; Cheating; Mischief; Criminal Trespass and Forgery, Offences Relating to Documents; Offences Relating to Marriage; Defamation; Criminal Intimidation and Attempts to Commit Offences.
The Evidence Act, 1872 (Act No. I of 1872)
Definitions; Presumption of Facts; Relevancy of Facts; Facts in Issue; Relevant Facts; Admissions; Statement by Persons Who Cannot be Called for as Witnesses; Statements Made Under Special Circumstances; How much of a Statement is to be Proved; Relevancy of Judgments of Courts of Justice; Opinions of Third Persons when Relevant; Character of the Persons who are Connected with the facts to be Proved; Privileged Communications; Accomplice; Facts which need not to be Proved; Oral Evidence; Documentary Evidence; Circumstantial Evidence; Proof of Documents; Public Documents; Private Documents; Presumption as to Documents; Exclusion of Oral Evidence By Documentary Evidence; Production and Effects of Evidence; Burden of Proof; Estoppel; Witnesses; Competence of Witness; Number of Witnesses; Refreshing Memory; Power of the Court to put Questions or Order of Production of any Documents or Thing: Impeachment or Confirmation of the Credit of a Witness; Examination of Witnesses; Improper Admission and Rejection of Evidence.
৩. পারিবারিক সম্পর্ক বিষয়ক আইন : (১০০ নম্বর)
ক. মুসলিম আইন (৬০ নম্বর)
খ. হিন্দু আইন (২০ নম্বর)
গ. অন্যান্য আইন (২০ নম্বর)
(i) The Dissolution of Muslim Marriages Act, 1939 (Act No. VIII of 1939)
(ii) The Muslim Family Laws Ordinance, 1961 (Ordinance No. VIII of 1961)
(ii) পারিবারিক আদালত আইন, ২০২৩ (২০২৩ সনের ২৬ নং আইন)
মুসলিম আইন
Sources and Origins of Muslim Law; The Quran, The Hadith, Ijma, Qiyas; Concept of Ijtihad and Mujtahid; Fatwas; Different Schools of Thoughts in Muslim Law and Reasons for their Development; Statutory Development of Muslim Law in Bangladesh and Judicial Decisions; Conversion to Mohamedanism; General Principle of Sunni of Inheritance; Succession and Administration; Principles of Representation; Spes Successionis; Application of Legislation relating to Family Laws by the Courts in Bangladesh; Marriage; Dissolution of Marriage; Registration of Marriage; Restitution of Conjugal Rights; Dower, Maintenance; Gift; Wakf; The Wakfs Ordinance, 1962; Marz- ul-Maut, Will; Hiba-bil-Ewaz, Right of Shufaa; Administration of Estate; Guardianship of Person and Property, Legitimacy and Acknowledgment and Leading Case-laws of the Supreme Court of Bangladesh on the Above Topics.
হিন্দু আইন
Nature and Scope of Hindu Law; History and Origin of Hindu Law; Sources of Hindu Law; Schools of Hindu Law; Marriage; Maintenance; Adoption; Minority and Guardianship; General Principles of Succession under Dayabaghaand Mitakshara Schools; Distinctions between Dayabagha and Mitakshara School. Exclusion from Inheritance; Stridhana and Women’s Property; Religious and Charitable Endowments; Debts; Gifts; Will; Statutory Development of Hindu Law in Bangladesh. হিন্দু বিবাহ নিবন্ধন আইন, ২০১২।
অন্যান্য আইন
(i) The Dissolution of Muslim Marriages Act, 1939 (Act No. VIII of 1939)
(ii) The Muslim Family Laws Ordinance, 1961 (Ordinance No. VIII of 1961)
(ii) পারিবারিক আদালত আইন, ২০২৩
সহকারী জজ নিয়োগ পরীক্ষার সিলেবাস
৪. সাংবিধানিক আইন, জেনারেল ক্লজেস এ্যাক্ট ও আইনের ব্যাখ্যার ধারণাঃ (১০০ নম্বর)
ক. সাংবিধানিক আইন (৮০ নম্বর)
খ. The General Clauses Act, 1897
গ. আইনের ব্যাখ্যার ধারণা
সাংবিধানিক আইন
The Fundamentals of Constitutional Law: The Nature of a Constitution; Written and Unwritten Constitution; Rule of Law; Separation of Powers; Supremacy of the Constitution; Parliamentary form of Government; Effects of violation of Fundamental Rights; Doctrine of Classification; Ex post facto Law; Double Jeopardy; Speedy and Fair Trial; Self-incrimination; Constitutional Rights and Human Rights; Supremacy of Law as Involving Concepts of ‘Legal Certainty’ and ‘Procedural Fairness’; Features of the Constitution of 1972.
The Constitution of Bangladesh: Framing of the Constitution of Bangladesh; Proclamation of Independence Order; g Preamble; Citizenship; Fundamental Principles of State Policy; Fundamental Rights and their Enforcement.
The Executive: The President, Modes of Election and Terms of Office; Powers and Functions of the President; Legislative Powers; Prerogative of Mercy; President’s Immunity; Impeachment and Removal of the President; The Prime Minister and the Cabinet; Tenure of Office; Ministerial Responsibility; Collective and Individual Responsibility of Ministers; Relation between the Executive and Parliament; Rule making Power; Emergency Power; Local Government and Powers of Local Body; Supreme Command and War; The Attorney-General.
The Legislature: Composition and Duration of Parliament; Membership of Parliament; Qualification and Disqualification for Election to Parliament; Vacation of Seat; Resignation by Members of Parliament; Meeting of Parliament; Termination of Parliament; Functions of Parliament; Legislation; Delegated Legislation; Ordinance making Power; Amendment Procedures and Various Amendments to the Constitution; Control of Public Finance; Deliberation and Discussion; Bar against Double Membership; Functions; Privileges; Immunities; Powers and Functions of the Speaker and Deputy Speaker; Sovereignty of Parliament; Quorum; Standing Committee of Parliament; Ombudsman; Contempt of Parliament.
The Judiciary: The Supreme Court: Establishment, Composition, Structure, Jurisdiction and Powers of the Supreme Court; Appointment of Judges and Their Removal; Judicial Review; Superintendence and Control of the Subordinate Courts; Binding Effect of Supreme Court Judgments; Review of Judgments and Order by Appellate Division; Establishment of Subordinate Courts; Administrative Tribunals; Supreme Judicial Council; Judicial Review; Separation of Powers and Independence of the Judiciary and Leading Cases on the Above-mentioned Topics.
The Election Commission: Establishment of Election Commission; Functions of Election Commission; Voters qualifications for Registration; Time for Holding Election; Power of Parliament to make provisions as to Elections; Electoral Role.
The Services of the Republic: The Judicial Service of Bangladesh and its Constitutional basis; Judicial Service Commission: Composition, Powers and Functions; Appointment of Members; Term of Offices; Annual Reports; Public Service Commission: Composition, Powers and Functions.
Others: Contracts and Deeds; International Treaties; Oaths of Offices; Transitional and Temporary Provisions; The Schedule Number-3rd, 4th, 5th, 6th and 7th of the Constitution; Law Continuance Enforcement Order, Provisional Constitution of Bangladesh.
The General Clauses Act, 1897 (Act No. X of 1897) Object of the Act; Definition Clause; Scope and Application; Act, Enactment; Laws; General Rules of Construction; Effect of Repeal; Computation of Time; Power and Functionaries; Provisions as to Orders, Rules etc. made under Enactment; Miscellaneous.
আইনের ব্যাখ্যার ধারণা
Approach to Interpretation; Construction and General Principles of Interpretation; Literal Rule; Golden Rule and Mischief Rule of Interpretation; Rule of Harmonious Construction; Internal and External Aid to Interpretation; Maxims of Interpretation; Interpretation of Penal Statute; Interpretation of Constitutional Law; General and Special Rules; Problems of Constitutional Interpretation; Structural Change.
৫. সম্পত্তি সংশ্লিষ্ট অন্যান্য আইন (১০০ নম্বর)
ক. The Contract Act, 1872.
খ. The Transfer of Property Act, 1882..
গ.. The Registration Act, 1908.
ঘ. The State Acquisition and Tenancy Act, 1950..
ঙ. The Non-Agricultural Tenancy Act, 1949..
The Contract Act, 1872 (Act No. IX of 1872)
Definition of Contract; Of Contracts; Formation of Contract; Offer, Acceptance and Communication; Revocation of Proposal; Consideration; Voidable Contracts and Void Agreements; Capacity of the Parties; Free Consent; Coercion; Undue Influence; Fraud; Misrepresentation; Mistake of Facts and Law; Contingent Contracts; Performance of Contracts; Contracts which must be Performed; By whom Contracts must be Performed; Time and Place of Performance; Performance of Reciprocal Promises; Appropriation of the Payments; Contracts Which Need not be Performed; Consequences of Breach of Contract; Indemnity and Gurantee; Bailment; Bailments of Pledges; Suits by Bailees or Bailors againt wrong-doers; Agency; Different Classes of Agents; Creation of Agency; Appointment and Authority of Agents; Sub-Agents; Revocation of Authority; Agent’s Duty to Principal; Principal’s Duty to Agent; Effect of Agency on Contract with Third Persons.
The Transfer of Property Act, 1882 (Act No. IV of 1882)
Nature and Scope of the Law of Transfer of Property; Kinds of Property; Notice; What may be Transferred; Who Can Transfer; Operation of Transfer; Condition Restraining Alienation; Restriction Repugnant to Interest Created; Rule against Perpetuity; Conditional Transfer; Fulfillment of Condition Subsequent; Election when Necessary; Transfer by Ostensible Owner; Transfer by Co-owner; Joint Transfer for Consideration; Transfer by Co-owner of share in common property; Rules of Priority; Doctrine of Lispendens; Fraudulent Transfer; Doctrine of Part Performance; Sale; Contract for Sale; Mortgage; Rights and Liabilities of Mortgagor; Rights and Liabilities of Mortgagee; Doctrine of Redemption; Charges; Lease; Exchange; Gifts; Transfers of Actionable Claims.
The Registration Act, 1908 (Act No. XVI of 1908)
Definitions; Registrable Documents; Documents Requiring Compulsory Registration, Optional Registration; Time and Place of Presentation; Effects of Registration and Non-Registration; Duties and Powers of Registering Officers; Remedies in the event of Refusal of Registration; Penalties.
The State Acquisition and Tenancy Act, 1950 (EB Act No. XXVIII of 1951)
Acquiring Rent Receiving Interest by the State; Preparation, Maintenance and Revision of Recod-of-Rights; Bar to Jurisdiction of Civil Courts in certain matters; Power to enter, upon land, to make survey, etc; Sub-letting; Settlement and use of land vested in the Government; Incidents of Holdings of Raiyats and Transfer, Purchase and Acquisition of Lands; Pre-emption; Provisions Relating to Enhancement and Reduction of Rent; Amalgamation, Sub-division and Consolidation of Holdings; Provisions related to Rent and Realisation of Rent; Land Survey Tribunal and Land Survey Appellate Tribunal; Appeal, Review and Revision; Exemption of Rent; Special Provisions for Exemption of Land Revenue in Relation to Agricultural Land.
The Non-Agricultural Tenancy Act, 1949 (EB Act No. XXIII of 1949)
Definitions; Classes of Non-Agricultural Tenants; Purposes for Holding Non- Agricultural Tenancy; Incidents of Holding of Non-Agricultural Land for 12 Years and More and for Less Than 12 Years; Under Tenant; Pre-emption; Improvement.
