The nuances of confessional statement made by a child

In a landmark judgment in Anis Miah v State, Criminal Appeal No. 6799 of 2011, a full bench of the High Court Division (HCD) deliberated on the “legal implication of confession made under section 164 of the Code of Criminal Procedure [CrPC] by a child in conflict with law”. 
3 December 2021, 18:00 PM

Singing the same tune: Ending violence against women now

Nina Goswami (NG): In the past years, the government has appeared proactive as a response to many incidents of violence and mass reactions to the same.
3 December 2021, 18:00 PM

Eastern University Mooting team wins an honour for Bangladesh 

Eastern University Mooting Team has qualified for the international rounds of the Stetson International Environmental Moot Court
28 November 2021, 04:45 AM

Is there a Universal Definition of Corruption?

Various scholars, anti-corruption researchers and international organisations define corruption in many ways. Transparency International (TI), a non-governmental anti-corruption organisation, defines corruption as the abuse of entrusted power for private gain.
26 November 2021, 18:00 PM

Rectification of share register by shareholders

All the companies registered in Bangladesh are bound to keep a ‘register of members’ from the date of the registration. Such register shall be kept at the registered office of the company and allowed for inspection by the members free of cost during business hours.
26 November 2021, 18:00 PM

The use of foreign judgment in the legal system of Bangladesh

The judicial use of international laws, judgments in formal adjudicative courts is being seen and recognised around the world to an increasing extent.
26 November 2021, 18:00 PM

The New Shipbuilding Policy: A new future ahead

As a riverine country, Bangladesh has a long history of shipbuilding. Chattogram which is known as the port city of Bangladesh, has been involved in building of ships since the Mughal empire and with the flow of time, the tradition continues.
19 November 2021, 18:00 PM

Should there be a regional body to deal with human rights issues?

Imagine a human rights violation that suffers impunity inside the country, but that can be held accountable by an international body of some sort. Examples could be custodial torture, or enforced disappearances, or extra-judicial killings – all of which have abysmal track records of getting justice at Bangladesh’s courts.
19 November 2021, 18:00 PM

Rape, limitation, and due process: Constitutional rights in action

Democratic society is based on consent. Sexual relationship must be consensual. Otherwise, it amounts to a crime according to section 375 of the Penal Code, 1860. The question of consent is raised in defence of the accused and therefore the onus probandi (burden of proof) rests on the accused, although the general principle is that the onus is on the prosecution.
19 November 2021, 18:00 PM

Won’t be right to formulate EC law in a hurry: Law minister

Law Minister Anisul Huq today said the government is sincere to formulate a law for formation of the Election Commission (EC), but it would not be right to make it in a hurry.
18 November 2021, 18:11 PM

Bangladesh Bank’s rules of export documents require an amendment

The open account trade means international trade against contract without any Letter of Credit (LC), which is mostly common in developed countries. Bangladesh was far behind from the open account trade transaction scheme in export. Our main competitors in readymade garments (RMG) export get competitive advantage of open account payment method in export.
12 November 2021, 18:00 PM

Resolving disputes without involving the court

Mediation is one of the alternative ways of dispute settlement without taking resort to legal actions, whereby the parties select their mediator(s) and resolve disputes maintaining utmost confidentiality.
12 November 2021, 18:00 PM

Protecting trade secrets while franchising a business

Franchising can be a good model to expand a business of the franchisor by granting license to franchisees. Generally, this gives a franchisee an access to use the knowledge, processes, ‘know-hows’ and trademarks of the franchisor and sell a branded product or service under their goodwill and name.
12 November 2021, 18:00 PM

MLM on digital platforms: Legality and efficient enforcement of law

Generally, Multi-level Marketing (MLM) refers to a business scheme where a company’s revenue derives from selling the products or services of a company where the participants or workforce of that company achieve their earnings through a pyramid scheme.
5 November 2021, 18:00 PM

Proposal to improve the current state of recording confessional statement

In our criminal legal framework, confession is a valuable piece of evidence. Many death sentences have been awarded solely based on confession.
5 November 2021, 18:00 PM

Wife’s right to dower in case of divorce initiated by wife

There exists a wide misbelief among the general people of the society that the payment of any unpaid dower is avoidable or non-payable where the process of dissolution of marriage is initiated by the wife.
5 November 2021, 18:00 PM

Legality and legitimacy of Bangladesh Constitution

What is the source of legality or legal validity (‘Boidhota’ in Bengali) of a constitution? A superior law? India and Pakistan got their independence and established two constituent assemblies via the enactment of the Indian Independence Act, 1947.
5 November 2021, 18:00 PM

Identity controversy amid communal violence in Bangladesh: A human rights perspective

Once again Bangladesh has recently witnessed communal violence in different districts during the Durga puja (worship of the Mother Goddess) of the people with Hindu religious faith, a fundamental religious right duly recognised and embodied in the Constitution of Bangladesh.
29 October 2021, 18:00 PM

Clarifying our understanding of Hilla Marriage

In the Muslim community, the concept of Hilla marriage is certainly a controversial one. According to the existing law, a Muslim man can divorce his wife and can revoke such divorce twice.
29 October 2021, 18:00 PM

Pandemic, retrenchment and labour law

Due to the ongoing pandemic the business operation of our company has been substantially reduced. Recently, the company authority has informed us that they no longer need some members of staff (mostly in non-management departments) as they have nothing to do at this moment.
29 October 2021, 18:00 PM