Lecture 1 EWU 2019

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Business Law and Ethics

Course Coordinator:
Dr. Shima Zaman
Professor in Law
Dhaka University
Business Law and Ethics

• Introduction to Law
• Sources of Law
• Dispute Resolution in
Bangladesh
What is Law
Law means-
• a rule of civil conduct prescribed by the
supreme power in a state, commanding what
is right, and prohibiting what is wrong.” (Wm.
Blackstone)
Law Def (Contd.)

- Rules, norms and regulations to be followed


by the citizens and breach of which gives rise
to an action against the person in breach
Sources of Law
• Constitution
• Legislature
• Administrative Aothorities.
• Custom
• Judicial Decisions, Precedent
• Personal Laws
Types of Law

• Civil (affects individual)


• Criminal (affects state’s security as a whole)
Dispute Resolution

• Formal Litigation (Taking help of the Courts,


Adversarial in nature)

• ADR (Alternative Dispute Resolution)


Courts in Bangladesh

• Supreme Court of Bangladesh


• Civil and Criminal Courts under general
hierarchy
• Tribunals and Special Courts of law under
special legislation
Courts in Bangladesh
• Supreme Court of Bangladesh
– Appellate Division
– High Court Division
(These are created under Article 94 of the
Bangladesh Constitution. In judicial hierarchy
Supreme Court of Bangladesh is the highest court.
Any decision given by the Appellate Division is
binding upon all courts subordinate to it.)
Civil Courts
• District Judges Court
• Additional District Judges Court
• Subordinate Judges Court
• Assistant Judges Court (Lowest court in the
Dist. Level and in most of the cases, the Court
of First instance)
• Village Court (Special courts, have jurisdiction
to adjudicate matters the value is up to 25000
taka.)
Criminal Courts
• Session Judges Court
• Additional Session Judges Court
• Assistant Session Judges Court
• Magistrate Courts
- Chief Metropolitan Magistrate (for
metropolitan Area)
- District Magistrate (for non-metropolitan area)
Special Courts
• Village Court (to adjudicate petty matters,
pecuniary jurisdiction up to taka 25000, 5
members court presided over by the chairman
of the Union Parishad)
• Family Court ( no separate entity; Assistant
Judges act as a Family Court; have jurisdictions
on personal matters like dissolution of
marriage, dower, maintenance etc.)
• Labour Court: (under the Labour law)
Tribunals
a. Administrative Tribunals
-Resolves administrative dispute between
Government and its employees regarding
terms and condition of services
b. Administrative Appellate Tribunal
- Hears appeals from the decision of
Administrative Tribunals
Tribunals
c. Regular Tribunals
- Created under different statutes
- These are inferior to the Supreme Court of
Bangladesh and subjected to judicial review
d. Appellate Tribunals
- Hears Appeal from the decision of Regular
Tribunals.
Tribunals

• Special Tribunals under the Special Powers Act


1974
• Tribunals under the Income Tax Ordinance,
1984

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