Generated by Rank Math SEO, this is an llms.txt file designed to help LLMs better understand and index this website.

# Bangladesh Law Digest (BDLD): A Leading Law Journal in Bangladesh

## Sitemaps
[XML Sitemap](https://bdlawdigest.org/sitemap_index.xml): Includes all crawlable and indexable pages.

## Posts
- [A Statute Without a Floor: Data Protection and the Case for Constitutional Privacy in Bangladesh](https://bdlawdigest.org/personal-data-protection-act-2026-bangladesh.html): The Bangladesh Personal Data Protection Act 2026 creates a statutory ceiling without a constitutional floor. Review our legal analysis of Article 43.
- [Combating Gambling in the Digital Age: An Analysis of the Gambling Prevention Act 2026](https://bdlawdigest.org/gambling-prevention-act-2026-analysis.html): Examine the Gambling Prevention Act 2026. This legal audit identifies operational loopholes, Cyber Tribunal jurisdiction, and regulatory impacts in Bangladesh.
- [Article 70 of the Bangladesh Constitution: Anti-Defection Law & Democratic Reform](https://bdlawdigest.org/article-70-of-the-constitution-of-bangladesh.html): A critical legal analysis of Article 70 of the Constitution of Bangladesh. Explore how this strict anti-defection law impacts parliamentary democracy, the Basic Structure Doctrine, and what constitutional reforms are needed to ensure true legislative independence.
- [The July Charter and the Constitutional Crossroads: Legality in Post-Uprising Bangladesh](https://bdlawdigest.org/july-charter-constitutional-crossroads.html): The July National Charter 2025 faces an immediate legal crisis. By establishing a Constitutional Reform Council via a Presidential Order, the interim government bypasses parliamentary requirements under Article 80 and exceeds the limits of Article 93. This analysis maps the statutory conflicts, judicial precedents, and structural vulnerabilities of executing fundamental reform within an unchanged constitutional framework.
- [Bank Loan Defaulters and Electoral Eligibility in Bangladesh: A Legal Analysis](https://bdlawdigest.org/bank-loan-defaulters-electoral-eligibility-bangladesh.html): The eligibility of bank loan defaulters to contest elections remains a significant legal and political issue in Bangladesh. This article examines the constitutional and statutory framework governing electoral disqualifications, analyzes relevant legal provisions, and explores how loan default affects a candidate's right to participate in democratic processes.
- [Adultery Law and Gender Justice: A Critical Analysis of Section 497 in Bangladesh](https://bdlawdigest.org/section-497-penal-code-bangladesh-adultery-law.html): Analyze Section 497 of the Penal Code 1860 in Bangladesh. Examine the gender discrimination and constitutional conflicts inherent in the current adultery law.
- [Impeaching Supreme Court Judges: Some Critical Observations on the 16th Amendment Writ](https://bdlawdigest.org/impeaching-supreme-court-judges-16th-amendment.html): Introduction The Jatiya Sangsad (JS) passed the Constitution (Sixteenth Amendment) Act, 2014, on 7 September 2014, which authorised the JS to impeach the judges of the Bangladesh Supreme Court on charges of misconduct and/or incapacity.1 On 5 November 2014, nine SC lawyers filed a writ petition with the High Court division, arguing that the amendment was ultra vires the Constitution. A Special Bench of the High Court Division, consisting of three judges, upheld the writ petition on 5 May 2016 by a majority, and declared the impugned amendment colourable, void, and ultra vires the Constitution. The government appealed to the Appellate Division, which upheld the HC verdict on 3 July 2017.2 What happened in the aftermath of the verdict will remain a black spot in Bangladesh's judicial history. It will remind future Bangladeshi generations how irresponsible a political party, led by the daughter of the Father of the Nation, can be. The problem addressed in this article is not to examine the merits and demerits of the SC verdict, on which a rich literature exists. Instead, we will examine whether the Bangladesh Parliament, and all others in general, have a legitimate right to impeach SC judges under the theory of democracy on which our Constitution is founded. This impeachment law will lack democratic legitimacy if it cannot be justified theoretically. Examining this issue is critical for good reasons: First, SC judges are legal experts appointed according to the rules of public service; public servants do not need to be impeached to be removed from office. Second, and more importantly, they do not enjoy any executive power that is protected by the Constitution. The concept of impeachment historically refers to public officials holding the highest level of executive power. Impeachment of the Head of State under the Theory of Democracy Our discussion concerns the rules of impeachment in parliamentary democracy. According to the theory of democracy, the state belongs to the people collectively, whose sovereign authority is vested in the government. The government is a bureaucratic organisation managed by various professionals, recruited, trained, and promoted through its human resources division. However, the administrative responsibility of the government is vested in its political component, which is elected. There are two forms of administration in democracy: presidential and parliamentary. In the presidential form, the administrative head, i.e., the President, is directly elected, thereby holding two posts simultaneously: head of state and head of government. To restrain the president from abusing executive power, the president must have all bills passed in the parliament. The final restraint on the president is the parliament's right to impeach the president for misconduct. In the parliamentary system, the two highest offices of government are held by two different persons. Voters elect members of the parliament, and the president appoints the leader of the majority party as the head of the government. The office of the Head of State is ceremonial because the occupier of this office has no executive authority, although all bills passed by Parliament require the President's consent to become law. Removing the Head of the Government, i.e., the Prime Minister, does not require any impeachment because a "no-confidence" motion is enough to force the PM to submit a resignation to the President. However, the president, who is appointed by the parliament, is removable from office only through impeachment because he enjoys immunity from ordinary civil and criminal laws as the most honourable individual in the state. The question before us is to examine whether the parliament has constitutional authority to impeach the Chief Justice and other members of the Supreme Court, as proposed by the 16th Amendment. Under Article 95(1) of the Constitution, the President is authorised to appoint the Chief Justice without consulting the Prime Minister.3 He/she appoints other members of the Appellate and the HC divisions by consulting the CJ. These are the points to note: First, judges are legal bureaucrats, not public officials elected to their offices. Second, the parliament is not involved in their appointment. Third, they have no executive power other than that assigned by the Law Ministry. All these points lead to genuine curiosity about why the AL government, under the leadership of Sheikh Hasina, took such an interest in impeaching the judges. Timeline of Judicial Removal in BD 1972: Constitution empowers Jatiya Sangsad to remove judges. 1975: Fourth Amendment transfers power exclusively to the President. 1978/79: Supreme Judicial Council (SJC) established via martial law and the Fifth Amendment. 2011: Fifteenth Amendment formally codifies the SJC into law. 2014: Sixteenth Amendment attempts to revert removal power to parliament. A Brief History of Judicial Impeachment in Bangladesh The 1972 Constitution empowered the JS to impeach SC judges for misconduct and incapacity.4 This provision was changed in January 1975 by the 4th Amendment; the power was transferred to the President.5 The reason was that parliament had changed the system of government from a parliamentary to a presidential form. When General Ziaur Rahman seized power in 1978, he established a Supreme Judicial Council (SJC) to address issues through a martial law proclamation. The Council would consist of three members, including the Chief Justice as the head and two most senior members of the appellate division. In case the Council gets involved in inquiring into the capacity or conduct of its own member, the next most senior judge of the appellate division will take his/her place. The main functions of the Council included preparing a code of conduct to be observed by the judges and conducting an inquiry into their capacity or conduct. The Council was authorised to initiate such an inquiry only upon being instructed by the President, who receives such information from the Council and/or from any other source. If the Council recommends the removal of the accused judge, he/she shall be removed by the President from office. In conducting this inquiry, the Council shall follow the same procedure as the Supreme Court does and have the same power. This judicial provision was validated in the Constitution through the 5th Amendment in 1979, along with other amendments introduced through martial law proclamations.6 In 2010, the SC declared all constitutional changes made under the 5th Amendment null and void, though the SJC provision was retained.7 The AL-led coalition government made the SC decisions law in 2011 through the 15th Amendment, which retained the SJC provision.8 The 16th Amendment replaces the SJC system first introduced through the 5th Amendment and reaffirmed by the 15th Amendment. It replaces clauses (2) through (8) of Article 96 of the Constitution with new clauses (2), (3), and (4). According to the new clause (2), the President shall remove a judge from office when parliament impeaches him/her, with a minimum of two-thirds majority of members present, on the grounds of proven misconduct or incapacity. Clause (3) states that parliament shall regulate the procedure of investigation and decide the method for proving misconduct or incapacity of the accused judge. "In a parliamentary democracy, the legislature cannot legitimately claim removal power over an appointed judiciary without holding corresponding appointment authority." Political Logic behind the Judicial Impeachment Drama in Bangladesh The idea of impeaching SC judges was introduced in the 1972 Constitution. In Part VI, titled "The Judiciary," Article 96 states that a Judge can hold office until attaining the age of sixty-five years (later changed to 67). He cannot be removed from office 'except by an order of the President passed pursuant to a resolution of Parliament supported by a majority of not less than two-thirds of the total number of members of Parliament, on the ground of proved misbehaviour or incapacity.'9 The reason why this provision was included is unknown. However, a picture can be envisioned by reviewing the political circumstances in which the country earned independence and the urgency of drafting a constitution to hold an election. It does not seem unreasonable to assume that the drafters did not consider this article truly important and inserted it for the sake of completing the relevant part of the Constitution. The handy example before them was the US Constitution, because the Proclamation of Independence on 10 April 1971 was styled after the American Declaration of Independence. Due to time constraints, the Constitution drafters missed the point that America practised a presidential system of government, while we chose a parliamentary one. In America, both the President and the Senate are inseparably involved in the appointment of the Justices of the Supreme Court. In Bangladesh, the Parliament plays a limited role, if any, in the judiciary's functioning under the Supreme Court. The constitutional law impeaching the judges of the Supreme Court has little democratic virtue, certainly in Bangladesh. All the legislative measures taken by the three governing parties, AL, BNP and JP, concerning the supervision of the action and behaviour of our SC judges simply demonstrate their lack of knowledge and respect for the system of democratic governance. Blaming AL alone will represent an incomplete, if not biased, view. However, this political drama of impeaching judges will remain half-narrated if we ignore the role of officials and practitioners within the judiciary. In our political discussion, we have created an image of a parliament that represents the people, the state's sovereign authority. Accordingly, it is argued that this political branch of the government has the constitutional right to poke its nose into any matter in the republic it feels appropriate, which is theoretically and factually faulty. In a democracy, the sovereign authority of the people is neither divisible nor alienable, as Rousseau so beautifully explained in his classic Social Contract.10 Then the idea of representing the people in a parliamentary system is fundamentally flawed because each member is elected for a particular voting district. This theoretical difficulty with the popular perception of parliament's role must be combined with the practical difficulty that each elected member is an individual. Accordingly, they cannot be expected to formulate laws of governance with common motives and devotion. However, they can be persuaded to regulate their legislative behaviour by defining the limits of their right. The perception that motivated the 16th Amendment is factually faulty. Similarly, we assume the Supreme Court to be the custodian of the Constitution. Like the parliament, the SC is made up of individuals, so the above logic applies to its judges as well. The members of our judiciary are partners in crime if we blame the members of our parliament. As the constitutionally authorised interpreter of the Constitution, the SC is supposed to make an in-depth analysis of the writ or reference submitted to it to determine whether the case falls within its jurisdiction. The most notorious example is the writ on the caretaker government. The HC branch of the SC could decline to accept the writ, saying that it is a political issue of national consequence, which should be settled through the political process. Not only does the SC often act beyond its jurisdiction, but the history of Bangladesh's SC testifies that its members, including the Chief Justice, behaved unprofessionally. The final point to be noted is the behaviour of lawyers practicing in the SC system. The court is a campus-based institution established to settle disputes. Although a case may be politically motivated, its disposition cannot be made from a political perspective. Accordingly, the lawyer's partisan identity must not play any role in the court premises. This is the norm of the legal profession practised worldwide, except for Bangladesh. Filing a writ petition is the most outrageous example in Bangladesh. In terms of professional ethics, our judiciary is no less guilty than our parliament. Conclusion Let us now discuss the key takeaways from this discourse. The first point that emerges from this discussion is that the entire discourse is conducted under the assumption of a democratic system of governance, but the experts involved do not necessarily agree on a precise definition of the concept. Perhaps, a clear understanding of the concept of democratic governance is yet to be reached. Second, the principle of the separation of powers ordains that each branch of government has distinct functions to perform, which will ensure that the government, as an institution exercising the sovereign power of the people, can carry out its constitutional mandate. This constitutional principle is violated when any branch of the government over- or under-exercises its authority. In the case of the 16th Amendment, the Parliament over-exercised its constitutional mandate. Under a parliamentary democracy, the executive branch cannot, and should not, interfere with the activities of the judiciary, meaning impeaching the judges for misconduct or incapacity does not lie within the parliament's power. On the other hand, the judiciary exceeds its constitutional jurisdiction when it takes up writs that fall outside its jurisdiction. In the legal literature, this unconstitutional behaviour of the judiciary is called "judicial activism." Perhaps existing and aspiring legal writers should pay more attention to this issue, as writs that the HC often entertains do not clearly fall within its jurisdiction. Footnotes Constitution (Sixteenth Amendment) Act 2014. ↩ Government of Bangladesh v Advocate Asaduzzaman Siddiqui (2017) 69 DLR (AD) 1. ↩ Constitution of the People's Republic of Bangladesh 1972, art 95(1). ↩ Constitution of the People's Republic of Bangladesh 1972, art 96 (original text). ↩ Constitution (Fourth Amendment) Act 1975. ↩ Constitution (Fifth Amendment) Act 1979. ↩ Bangladesh Italian Marble Works Ltd v Government of Bangladesh (2010) 62 DLR (SPL) 70. ↩ Constitution (Fifteenth Amendment) Act 2011. ↩ Constitution of the People's Republic of Bangladesh 1972, art 96 (original text). ↩ Jean-Jacques Rousseau, The Social Contract (first published 1762, Penguin 1968). ↩ Recommended Reading A Sketch of the Impeachment of Judges of the Supreme Court of Bangladesh This article examines the 16th Amendment, the power to remove Supreme Court judges, the role of the Supreme Judicial Council, judicial independence, and the constitutional debate surrounding parliamentary impeachment in Bangladesh. Read the Full Article → ⚡ 3rd Cohort: Registration Live 2026 Legal Research Professional Certificate Lifetime Membership Verified Certification Legal Research Training Publication Opportunities Official References for Jobs Secure Your Place Today →
- [The Timeline of How Digital Evidence Became Admissible in Bangladesh: A Critical Analysis](https://bdlawdigest.org/digital-evidence-admissibility-bangladesh.html): Introduction The advent of digital technology has fundamentally transformed how crimes are committed, investigated, and prosecuted globally. Digital evidence—encompassing video recordings, CCTV footage, audio clips, emails, social media communications, and electronic records—has emerged as one of the most valuable evidentiary tools in contemporary litigation. However, Bangladesh entered this technological age operating under the Evidence Act of 1872, a colonial-era statute drafted long before the invention of computers or digital communication.1 This posed a serious legal dilemma: how could the courts admit and utilize evidence that the law had never explicitly acknowledged? Digital evidence did not gain admissibility in the Bangladeshi legal system overnight. Instead, it evolved gradually through judicial interpretation, incremental statutory developments, and adapting to the changing realities of society. Obsolete legal provisions clashed with new technological realities, forcing courts to interpret laws in ways that frequently pushed traditional definitions to their limits. This article critically examines the chronology of how digital evidence became admissible in Bangladesh. It discusses the legal vacuum created by the outdated Evidence Act, the role of judicial activism in recognizing electronic evidence, the parameters courts established regarding authenticity, and the subsequent legislative amendments that modernized the nation's evidentiary rules. The Colonial Foundation: The Evidence Act, 1872 The evidentiary framework of the Bangladeshi legal system is primarily rooted in the Evidence Act of 1872, a statute instituted during British colonial rule. While the Act dealt comprehensively with oral and documentary evidence, it inevitably contained no mention of electronic or digital materials. Section 3 of the Evidence Act defined a “document” as any matter expressed or described upon any substance by means of letters, figures, or marks, intended to be used for recording that matter. To bridge the technological gap, courts turned to a broad interpretation of the words "matter" and "substance" to classify electronic recordings as documents. The lack of express statutory recognition for digital evidence initially raised significant confusion, leaving investigators unsure of how to collect it and courts without a standardized approach for authentication. 1985: The First Major Breakthrough The first significant instance of judicial acknowledgment of digital evidence in Bangladesh occurred in the landmark case of Mrs. Khaleda Akhtar vs The State.2 In this groundbreaking criminal trial, the prosecution sought to introduce a video cassette as evidence. The defense challenged its admissibility, arguing that a video cassette did not fit the definition of a document under the Evidence Act. Justice A.T.M. Afzal interpreted Section 3 of the Evidence Act with remarkable flexibility. The Court stressed that the word "matter" was broad enough to encompass information contained on magnetic tapes, noting that if a tape-recorded sound was admissible, there was no rational justification to exclude a recording containing both sound and images. "The judiciary did not wait for legislative reform; instead, it broadened the application of the existing law to ensure justice would not be rendered obsolete by progress." This decision established that courts could interpret classic legal concepts adaptively. Nonetheless, the ruling revealed a significant flaw: while it acknowledged admissibility, it established no specific procedural safeguards regarding video authenticity, tampering, or reliability. TIMELINE OF LANDMARK SHIFTS 1872: The Evidence Act is enacted, predating modern technology. 1985: Khaleda Akhtar case introduces flexibility, admitting a video cassette. 2010: Major Bazlul Huda case establishes strict procedural and authenticity conditions. 2018: The Biswajit Murder Case relies heavily on broadcast video, cementing mass media evidence. 2022: The Evidence (Amendment) Act officially codifies digital admissibility. 2007: Recognition Under Special Legislation A significant evolution occurred outside the Evidence Act through special legislation. In State vs Yeasin Khan Palash,3 the High Court was tasked with deciding the admissibility of audio cassette tapes under Section 16 of the Druto Bichar Tribunal Ain, 2002.4 The Court determined that the special law clearly permitted the introduction of video cassettes, audio cassettes, and still photographs. However, this reliance on special laws created inconsistencies; digital evidence might be perfectly acceptable under one specific statute, yet remain fiercely contested under general evidentiary law. 2010: The Appellate Division Sets Conditions One of the most consequential steps was taken by the Appellate Division in Major Bazlul Huda and Others vs The State.5 This case provided long-awaited procedural conditions. While the Court acknowledged that digital evidence could be admissible, it stressed that proving authenticity and reliability was imperative. The ruling stipulated that parties seeking to introduce electronic evidence had to provide the original recording alongside a certification from the producer detailing when and how the recording was made. By demanding producer certification, the Court effectively introduced principles akin to modern chain-of-custody requirements. 2018: The Biswajit Murder Case Another landmark ruling occurred in State vs Rafiqul Islam, widely known as the Biswajit Murder Case.6 The prosecution's case relied heavily on video footage and still photographs. The Court observed that the video recordings had been officially broadcast by television stations and were properly submitted to investigators via seizure lists, concluding that broadcasters did not need to provide further corroboration. This ruling cemented the instrumental role of digital evidence in reconstructing events in high-profile criminal cases. 2022: Legislative Recognition The most definitive breakthrough was the enactment of the Evidence (Amendment) Act, 2022, which officially legalized the admissibility of digital evidence.7 This legislative milestone marked the vital transition from judicial improvisation to explicit statutory acknowledgment, reducing ambiguity and solidifying the legal foundation for utilizing digital records. Critical Analysis & Conclusion The evolution of digital evidence admissibility highlights both the strengths and weaknesses of the Bangladeshi legal system. The proactive initiative of the judiciary was a considerable strength. Without such judicial activism, decades' worth of highly valuable evidence would have been rendered inadmissible. Conversely, this history exposes the flaws caused by legislative sluggishness, which allowed for persistent doubt and a lack of uniformity. Furthermore, the inherent malleability of digital evidence cannot be ignored. The lack of a deeply established, universally standardized forensic system poses an ongoing threat of evidentiary abuse. Statutory admissibility alone is insufficient; it must be paired with robust technical safeguards. Ultimately, while the 2022 Amendment brings Bangladesh closer to the realities of contemporary legal practice, the future challenge lies in ensuring reliability, fairness, and procedural protection. Footnotes Evidence Act 1872. ↩ Khaleda Akhtar v The State 37 DLR (HCD) 275. ↩ State v Yeasin Khan Palash 29 BLD (HCD) 469. ↩ Druto Bichar Tribunal Ain 2002. ↩ Major Bazlul Huda and others v The State 18 BLT (AD) 7. ↩ State v Rafiqul Islam 70 DLR (HCD) (2018) 26. (Popularly referred to as the Biswajit Murder Case). ↩ Evidence (Amendment) Act 2022. ↩ $1 Is digital evidence legally admissible in Bangladesh courts? Yes. With the enactment of the Evidence (Amendment) Act, 2022, digital and electronic evidence—including video recordings, CCTV footage, audio clips, emails, and social media communications—is now officially and explicitly admissible in all Bangladeshi courts.$1How was digital evidence admitted before the 2022 Amendment?$1Before 2022, Bangladesh relied exclusively on the colonial-era Evidence Act of 1872. Because it did not mention modern technology, judges used "judicial activism" to broadly interpret words like "matter" and "substance" to classify audio and video tapes as traditional "documents."$1What was the first case to admit digital evidence in Bangladesh?$1The first major breakthrough was the 1985 landmark criminal case Mrs. Khaleda Akhtar vs The State. The court creatively ruled that a video cassette was admissible as a "document," marking the first time the judiciary legally acknowledged digital evidence.$1What conditions are required to prove digital evidence is authentic?$1 In the 2010 Major Bazlul Huda case, the Appellate Division ruled that while digital evidence is admissible, the party submitting it must provide the original recording alongside a formal certification from the producer detailing exactly when and how the recording was made to prevent tampering.$1How did the Biswajit Murder Case affect digital evidence law? In the high-profile 2018 Biswajit Murder Case, the prosecution relied heavily on video footage. The court established that officially broadcast television footage submitted to investigators via proper seizure lists did not require further corroboration from the broadcasters, cementing the power of mass media evidence in criminal trials. ⚡ 3rd Cohort: Registration Live 2026 Legal Research Professional Certificate Lifetime Membership Verified Certification Legal Research Training Publication Opportunities Official References for Jobs Secure Your Place Today →
- [High Court Rulings on the 2026 Referendum](https://bdlawdigest.org/high-court-rulings-2026-referendum-bangladesh.html): - The author acknowledges consulting Barrister Shanjid Siddique for his interesting article, "Writ Petition in the High Court Division: an overview of judicial review proceedings in Bangladesh," and for some newspaper reports.
- [Liberty Delayed: Analyzing Bail Injustice and Pre-Trial Detention under the Code of Criminal Procedure 1898](https://bdlawdigest.org/bail-injustice-pretrial-detention-bangladesh.html): An in-depth legal analysis of bail injustice and pre-trial detention in Bangladesh. Explore how legal delays undermine the presumption of innocence.
- [The 2026 Commercial Court Act:  A Significant Advancement in Commercial Justice in Bangladesh](https://bdlawdigest.org/commercial-court-act-2026-bangladesh.html): Discover how the 2026 Commercial Court Act establishes specialized commercial courts in Bangladesh to accelerate business dispute resolution, attract FDI, and secure LDC graduation.
- [The July Charter, Bicameral Parliament and the Political Discordant: A Legal Perspective](https://bdlawdigest.org/july-charter-article-70-legal-analysis.html): A legal analysis of Bangladesh's bicameral parliament debate. Learn why proportional representation and amending Article 70 are vital to protect the July Charter.
- [The Theoretical Gap in Locus Standi for Public Interest Litigation in Bangladesh](https://bdlawdigest.org/locus-standi-public-interest-litigation-bangladesh.html): Explore the evolution of locus standi in Bangladesh. Learn how landmark Supreme Court decisions expanded Public Interest Litigation (PIL) beyond the Constitution.
- [The 2025 Amendment in the Bangladesh Labour Act: An Overview](https://bdlawdigest.org/bangladesh-labour-act-amendment-2025.html): Explore the crucial changes introduced in the Bangladesh Labour Act Amendment 2025. This comprehensive analysis breaks down the new regulations on trade union rights, expanded maternity benefits, workplace safety compliances, and how these updates align with ILO standards to reshape the private sector workforce.
- [Democracy and the Digital Battlefield: Protecting Women’s Voices in the Age of AI](https://bdlawdigest.org/democracy-women-ai-digital-battlefield.html): As AI and digital violence threaten women's political participation in Bangladesh, discover why a Gender-Just AI framework is crucial for our democracy.
- [When the Body Speaks: Forensic Physiology under Section 176(2) of the CrPC](https://bdlawdigest.org/forensic-physiology-exhumation-law-bangladesh.html): Learn how Section 176(2) of the CrPC empowers magistrates in Bangladesh to order exhumations and use forensic physiology to solve post-burial investigations.
- [5 Major Reforms in the New CPC Amendment Ordinance 2025 You Must Know](https://bdlawdigest.org/code-civil-procedure-amendment-ordinance-2025.html): An in-depth analysis of the Code of Civil Procedure (Amendment) Ordinance, 2025. Discover the key reforms transforming civil litigation in Bangladesh, including mandatory affidavits, digital summons via WhatsApp, reduced adjournments, and stricter fines for false cases.
- [Silent Victims: The Lack of Legal Protections for Men in Bangladesh’s Gender-Biased Laws](https://bdlawdigest.org/mens-rights-bangladesh-gender-bias-laws.html): Harassment of men is a global issue, prevalent in Bangladesh where legal frameworks continue to perpetuate gender bias. Due to legislative gaps, men suffering mental and physical abuse—particularly regarding adultery and domestic violence—often fail to secure adequate justice. These taboo issues are largely ignored, often fueling further crime. This qualitative study explores how men in Bangladesh become victims of abuse and discrimination arising from specific statutes. By analyzing international legal standards to identify domestic loopholes, this study recommends reforms to ensure equitable justice.  
- [Bangladesh Constitutional Crisis 2024: Sovereignty, Protests, and the Demand for a Rewrite](https://bdlawdigest.org/bangladesh-constitutional-crisis-2024.html): In Bangladesh, the Constitution begins with a striking assertion: “All powers in the Republic belong to the people.” Yet, that promise has aged poorly. The machinery of constitutional change is slow, dense, and sealed off from direct public influence, requiring a two-thirds vote in Parliament under Article 142. The public, whose will the Constitution claims to represent, has no formal say in reshaping it. This tension—between the people’s proclaimed ownership of the state and their actual exclusion—reached a breaking point in 2024. The Anti-Discrimination Student Movement (AdSM) quickly erupted into something larger. Protesters were no longer just demanding policy; they were calling for the Constitution itself to be dismantled and rewritten from the ground up. The question that exploded into public view was this: What does it mean for a people to be sovereign if they can’t touch their own Constitution? The protests, arguably a constituent moment, led to the Prime Minister stepping down, Parliament dissolving, and an interim government being appointed. Bangladesh now lacks the legal infrastructure to navigate this moment, forcing a confrontation with the paradox at its heart: The very document that declares the people sovereign simultaneously tells them that structural changes are off-limits. A Constitution that opens by declaring that power belongs to the people must do more than echo their sovereignty. It must make room for their voices when the time comes to start again.
- [Supreme Court’s Intervention on the Legality of Mobile Courts Act](https://bdlawdigest.org/supreme-courts-intervention-on-the-legality-of-mobile-courts-act.html): The enactment of the Mobile Courts Act in 2009 aimed to enhance the effectiveness and efficiency of law enforcement and crime prevention efforts. Nevertheless, due to various structural and practical obstacles, the Act's credibility has been called into question and it has largely fallen short of achieving its intended goals. One particular concern lies in Section 5 of the Act, which assigns executive magistrates the judicial responsibility of Mobile Courts. This arrangement does not align with the principles of separation of powers and judicial independence enshrined in the Constitution of Bangladesh.
- [Comprehending the Application of Intellectual Property Law in Internet Marketing Strategies within Bangladesh](https://bdlawdigest.org/the-application-of-intellectual-property-law-in-internet-marketing-strategies-bangladesh.html): Online business platforms in Bangladesh have experienced significant growth recently due to the increasing usage of the internet. These platforms serve as marketplaces where products can be bought and sold entirely online. Intellectual property rights, on the other hand, refer to the privileges individuals have over their creations. Often, they provide the inventor the sole right to make use of his creation for a predetermined amount of time. Using intellectual property rules is important to protecting online businesses' privacy as they become more and more popular. It protects internet platforms' entities and business interests against unfair competition so that in the absence of its practice the creation could not be stolen. However, the application of intellectual property laws in Bangladesh is limited, which poses a potential threat to the country's e-commerce industry. Therefore, it is necessary to concentrate on implementing intellectual property law in Bangladesh's internet market.
- [The Clause of “Special Circumstances” under Section 19 of CMRA for Early Stage Marriages in Bangladesh](https://bdlawdigest.org/the-clause-of-special-circumstances-under-section-19-of-cmra-for-early-stage-marriages-in-bangladesh.html): 51% of young women under the age of 18 are married mostly. It is one of those few countries which are ranked topmost when it comes to the highest levels of child marriages. Bangladesh is home to 38 million child brides including currently married girls along with women who were first married in childhood of these, 13 million before age 15. Early-stage marriage is one controversial topic that has left a negative impact on modern society. Where people talk about change and try to contribute positivity, early-stage marriages are damaging youth and there is no doubt about it. It is an unlawful practice that is eventually exploitation of the rights of women in the modern world at the end of the day. Education and awareness of basic rights should be the topmost priority of people around the world and also for the people livingin Bangladesh. The outcome of early-stage marriages is exploitation and threat to the mental health of both genders and this is equally risky for both of them.
- [Right to Water: From International to National Legal Arena](https://bdlawdigest.org/right-to-water-from-international-to-national-legal-arena.html): Water, an important element, has a great contribution to human survival. It has both direct and indirect effects on our everyday lives. According to a report by WHO, between 50 to 100 litres of water are needed per person per day to meet the basic needs. Safe drinking water and hygiene are very important to human health and well-being. Drinking unsafe water is dangerous to health as it causes cholera, diarrhoea and other water contaminated diseases.
- [Evaluating the Prospects of One Person Company in the Rising Entrepreneurial Scenario of Bangladesh](https://bdlawdigest.org/evaluating-the-prospects-of-one-person-company-in-the-rising-entrepreneurial-scenario-of-bangladesh.html): With the latest amendment to the Companies Act 1994, the concept of One Person Company (hereinafter OPC) has been introduced in the entrepreneurial field of Bangladesh for the very first time. Along with many other lucrative advantages, this new recognition provides entrepreneurs legal safeguards along with a chance to get incorporated in the formal economy of the state. This paper will explore the feasibilities of this new amendment if it translates into reality for the entrepreneurs considering the limitations and lack of thoughts put into the drafting of the instrument.
- [A Look into the Polluted Streams of Karnaphuli from a Legal Perspective](https://bdlawdigest.org/a-look-into-the-polluted-streams-of-karnaphuli-from-a-legal-perspective.html): A recent survey conducted by the researchers at Bangladesh University of Engineering and Technology revealed that the Karnaphuli riverbed has a thick layer of polythene and plastic waste stretching from 2 to 7 metres in addition to the waste floating on it, as a result of which the dredging equipment has accumulated 25 feet highpile of polyethene and hard waste at the bank of previously glorious Karnaphuli river.
- [Regulatory Framework of doing Online Business in Bangladesh: Problems and Prospects](https://bdlawdigest.org/regulatory-framework-of-doing-online-business-in-bangladesh-problems-and-prospects.html): Interestingly, the Contract Act of 1872, the Sale of Goods Act of 1930, the Consumer’s Right Protection Act 2009 and the Competition Act of 2012 provide the regulatory framework for commercial matters, but they all need to be updated to accommodate the various aspects of E-commerce. In the case of online shopping, the buyer and seller engage into a contract before purchasing a good. The nature of such a contract is virtual. Electronic contracting raises a number of valid questions, such as whether an electronic contract is legally binding and to what extent, or whether it can be used as evidence in the event of a breach. However, under Bangladeshi contract law, there is no specific solution relating to such form of contract. The Consumer’s Right Protection Act 2009 prohibits misleading people with false advertisements in order to sell a product or service and made it as an infringement of consumer's right but there is no such provision that specifies how such a claim may be established. It happened in several time after the completion of advance payment the owner close their business page without delivering the product. On the other hand, a buyer can only see the product image and read the description when shopping online. As a result, sellers appear to have delivered damaged, expired, or unusable goods in the end because there is no policy to compensate in return. The Sale of Goods Act of 1930 includes a provision for warranty, but it is not mandatory. It also acknowledges that inspecting goods before purchasing is one of the consumer's rights, but does not specify how this can be done online. In case of fraudulent conduct on the quantity of the product the Penal Code of 1860 provides some remedy in general under section 264 to 267 offences relating to fraudulent use of false instrument for weighing, fraudulent use of weight or measure, being in possession of false weight or measure, making or selling false weight or measure. Such offences are punishable both in terms of fine and imprisonment. On the another note seller is also harassed by the fraud customers when they refuse to receive the goods in cash on delivery method. As a result, the sellers have to face loss in business, at the same time it demotivates them from online business. The Special Powers Act of 1974 does not deal with the deception of virtual selling but in order to penalize for adulterated food, drinks, dugs or cosmetics this law can be a stringent option. The entire business is reliant on the internet; it is expected that the smooth service will propel this sector forward. However, cyber threats do exist in online shopping systems. When customers shop online, websites collect their personal data and that risk their privacy. The shopping website, on the other hand, can be hacked. In this regard Information and Communication Technology Act, 2006 can be applied indirectly. Ironically, none of the law applies to online shopping specifically.
- [A Legal Analysis on Right to Food and Duty of the State: Bangladesh Perspective](https://bdlawdigest.org/right-to-food-in-bangladesh.html): Due to COVID-19 pandemic, millions of low-income people around the globe are facing the problem of food security. The current challenge is ensuring that people are not dying of hunger. In light of current situations, a question may arise whether people have “right to food” under the legal mechanism of Bangladesh.
- [Private Photos Leaked Online: How Can a Celebrity Get Justice in Bangladesh?](https://bdlawdigest.org/private-photos-leaked-online-how-can-a-celebrity-get-justice-in-bangladesh.html): The definition of ‘privacy’ has been changing dynamically with the passage of time, though the core concept has always been the same. With the advent of technology, various kinds of crime and social injustice are increasing. Now the social crimes against persons are not only limited to the real life, but the virtual life has also plunged into the darkness of harassment and defamatory crimes.
- [Legal Conundrum in Defining ‘Rape’ for Male Victims](https://bdlawdigest.org/legal-conundrum-in-defining-rape-for-male-victims.html): A considerable number of rape or other sexual violence victims are males. Historically, rape was thought to be and defined as a crime committed solely against women. This belief is still held in some parts of the world. However, rape of males is now commonly criminalized and is subject to more discussion than in the past. Rape of males is still taboo and has a negative connotation among heterosexual and homosexual men. It is difficult for a male victim to report the sexual assault that he experienced, especially in a society with a strong masculine custom. Male victims mostly try to hide and deny their victimization alike female victims, unless they have serious physical injuries. Eventually, the male victims are quite vague in explaining their injuries when they are seeking medical or mental health services.
- [International Law on Access and Benefit-Sharing and Bangladesh’s Legal Regime](https://bdlawdigest.org/access-and-benefit-sharing-bangladesh.html): Keyword: Access and Benefit-Sharing
- [Trail Smelter Arbitration: The Authoritative Influence over International Environmental Law in Regards to Transboundary Harm](https://bdlawdigest.org/trail-smelter-arbitration-the-authoritative-influence-over-international-environmental-law-in-regards-to-transboundary-harm.html): Introduction
- [Looking at Abhinandan Case through the Lens of IHL](https://bdlawdigest.org/looking-at-abhinandan-case-through-the-lens-of-ihl.html): The ICRC Updated Commentary to Geneva Convention I, 2016 clearly stipulates that even the capture of a single member of the opposing armed forces amounts to international armed conflict. (para 236, 237). In addition, there is no requirement for a “declaration of war” for the application of IHL. The classification of an armed conflict is not dependent on the subjective judgment of belligerent Parties, rather it depends on the objective determination of facts on the ground.
- [Justice Sinha’s “Broken Dream”: A Death Knell of the 16th Amendment Judgment](https://bdlawdigest.org/justice-sinhas-broken-dream.html): Judicial impartiality is a fundamental component of natural law. It is universally recognized that without judicial impartiality, justice cannot be done. Moreover, rule of law loses its potency and public confidence in the judiciary erodes for want of fairness and impartiality. As a safeguard measure against partiality, the common law countries, which include Bangladesh, have developed the concept of the rule against bias. This rule disqualifies judges from adjudicating a case where they may have an interest, or their impartiality might reasonably be questioned (as in the US federal law), or there is a real possibility of bias (as in the UK), or there is a reasonable apprehension of bias (as in most commonwealth countries).
- [Abuse of Power by Bangladeshi Police and Legal Implications](https://bdlawdigest.org/abuse-of-power-by-bangladeshi-police-and-legal-implications.html): Section 103 of the CrPC 1898 requires that the (police) search be made in presence of a witness. The (police) officer about to make the search shall call upon two or more respectable inhabitants of the locality. The search shall be made in their presence and a list of all things seized in the course of such search shall be prepared by the officer and shall be signed by the witnesses.
- [Media and Ethics](https://bdlawdigest.org/media-and-ethics.html): Summary:
- [Inaccessibility to the Formal Justice System of Bangladesh and A Flexible Approach towards the Process of Mediation](https://bdlawdigest.org/adr-and-mediation-in-bangladesh.html): Focus Keywords: ADR in Bangladesh, Mediation in Bangladesh, Mediating legal disputes, Alternative Disputes Resolution (ADR)
- [Development of Tort Law in Bangladesh and Recent Case Decisions](https://bdlawdigest.org/tort-law-in-bangladesh.html): Focus Keyword: Tort Law in Bangladesh
- [Examining the Quota System through the Lens of Constitution](https://bdlawdigest.org/quota-system-in-bangladesh.html): Focus Keyword: Quota System in Bangladesh
- [Extrajudicial Killings: Towards Responsible State Care](https://bdlawdigest.org/extrajudicial-killings-and-constitution-of-bangladesh.html): The concept of ‘Right to life’ and ‘Personal liberty’ are the most esteemed and pivotal fundamental human rights. Therefore, Article 32 of the Constitution of Bangladesh occupies a unique position as a fundamental right. It is considered to be a prestigious provision. Thus, it ensures right to life and individual liberty not only for Bangladeshi citizens but also to the aliens. It is enforceable against the state. In Ekushay Television Ltd and others v Dr Chowdhury Mahmmod Hasan and others 54 DLR (AD) 130 it has been held that ‘All the persons within the jurisdiction of Bangladesh are within the Bangladesh rule of law. The foreign investors in ETV are no exception to this principle.’ Furthermore, Right to life and individual liberty is the contemporary term which has traditionally been called ‘natural right’. It is the ancient right essential for the improvement of human individuality.  It has also been mentioned in Magna Carta of 1215 Clause + (39) and + (40). Afterwards, John Locke articulated that the government is morally indebted to serve people by protecting life, liberty, and property and the views were mostly developed in his famous ‘Second Treatise Concerning Civil Government.’ Subsequently, Article 3 of the Universal Declaration of Human Rights reinforces the same.
- [BDLD organises Seminar on Law and Literature](https://bdlawdigest.org/bdld-organises-seminar-on-law-and-literature.html): Bangladesh Law Digest (BDLD) in collaboration with Faculty of Law, University of Chittagong hosted a seminar on ‘Law and Literature,’ a distinctive topic on which distinguished legal scholars of Bangladesh for the first time articulated their views and ideas in public, on March 22, 2018 at A. K. Khan Law Faculty Auditorium, University of Chittagong. The honorable Vice Chancellor of Chittagong University Professor Dr. Iftekhar Uddin Chowdhury was present as the chief guest while Dr. Mizanur Rahman, Professor of Law, University of Dhaka and former chairman, National Human Rights Commission graced the seminar as the keynote speaker. Around 250 law students and law professional attended the seminar.
- [Seminar on ‘Law and Literature’ & An Evening of Poetry | Call for Registration](https://bdlawdigest.org/bdld-seminar-on-law-and-literature.html): BDLD-Bangladesh Law Digest, a student-run law journal of Bangladesh, started its journey in June 2015 with a view to providing the lawyers, legal researchers and law students of Bangladesh a brilliant platform to dissect, scrutinize and synthesize various critical and thought-provoking legal issues. It aims to hone legal research and writing skills of the students; two fundamental skills required to thrive in the legal field as well as publishing write-ups that serve both the legal practitioners and academicians alike.
- [Bangladesh Accord Arbitration at Permanent Court of Arbitration: A New Dawn of the Implementation of Human Rights](https://bdlawdigest.org/bangladesh-accord-arbitration-at-permanent-court-of-arbitration.html): The expansion of the business operations of Multinational Corporations (MNC) in the developing countries has not only accelerated the process of the global economic mobility, it has also created a space for the violation of human rights in the labour markets of those countries. The loosely regulated labour laws, corruptions, lack of accountabilities of the parties involved culminated to this despair. Ready Made Garment (RMG) industry of Bangladesh is pertinent to mention here. In particular, Rana Plaza incident (24 April, 2013) shocked the global community illustrating the serious lack of the human rights implementations in this sector. Following this incident, a five-year independent and legally binding agreement called the Accord on Fire and Building Safety in Bangladesh (the Bangladesh Accord/Accord) was signed between global brands and retailers and trade unions to ensure the safe and healthy RMG industry. Two Geneva based NGOs named Industrial Global Union and the UNI Global Union along with several other NGOs sponsored and created the Bangladesh Accord. More than 200 apparel brands, retailers and importers from over 20 countries in Europe, North America, Asia and Australia; two global trade unions; and eight Bangladeshi trade unions and four NGOs signed this Accord. Bangladesh Accord contains 25 Articles focusing six key areas of cooperation including ensuring healthy environment, creating independent inspection program, public disclosure of information, establishment of health and risk committee and provisions of training. The Accord has been meant to function in cooperation with the Government of Bangladesh and International Labour Organization.
- [Seminar on ‘Criminal Sentencing in Bangladesh’ hosted by BDLD](https://bdlawdigest.org/seminar-on-criminal-sentencing-in-bangladesh-hosted-by-bdld.html): An analysis of the legal framework, the approach and the existing trends of the courts regarding handing out sentences in a country is essential to evaluate and propose reforms to its penal policies. In this regard, Bangladesh Law Digest- BDLD, a student-run law journal of Bangladesh, hosted its 3rd seminar titled ‘Criminal Sentencing in Bangladesh’ on November 29, 2017 at Department of Law, University of Dhaka (DU). Dr. Muhammad Mahbubur Rahman, Associate Professor of Law, DU was the keynote speaker, while Mr. Mohammad Golam Sarwar, Lecturer of Law, DU and Advisor, BDLD moderated the event. Law students from more than 20 universities across Bangladesh participated in the seminar.
- [BDLD to host a Seminar on ‘Criminal Sentencing in Bangladesh’](https://bdlawdigest.org/bdld-to-host-a-seminar-on-criminal-sentencing-in-bangladesh.html): BDLD-Bangladesh Law Digest started its journey in June 2015 with a view to providing the lawyers, legal researchers and law students of Bangladesh a brilliant platform to dissect, analyze and synthesize various critical and thought-provoking legal issues. It aims to develop legal research and writing skills of the students, two of the vital skills required to thrive in the legal field as well as publishing articles that serve both the legal practitioners and academicians alike.
- [ESC Rights: Budding Trends in Constitutional Regimes of South Africa, India and Bangladesh](https://bdlawdigest.org/economic-social-and-cultural-rights.html): Focus Keywords: Justiciability of Economic Social and Cultural Rights
- [Book Review: Judicial Activism in Bangladesh: A Golden Mean Approach by Ridwanul Hoque](https://bdlawdigest.org/judicial-activism-bangladesh-golden-mean-approach.html): Ridwanul Hoque, Judicial Activism in Bangladesh: A Golden Mean Approach (Newcastle upon Tyne, UK: Cambridge Scholars Publishing 2011) xli + 348 pp. ISBN: 9781443827331.to
- [E-courts and E-judiciary in Bangladesh](https://bdlawdigest.org/e-courts-and-e-judiciary-in-bangladesh.html): Focus Keyword: E-judiciary in Bangladesh
- [Right to Property: Demystifying the Dichotomy of the term ‘Public Purpose’ in case of Acquisition and Requisition of Land](https://bdlawdigest.org/right-to-property-acquisition-and-requisition-in-bangladesh.html): By: Abu Bakar Siddique & Md. Azhar Uddin Bhuiyan*
- [Inherent Power of High Court Division in Bangladesh : A Critical Analysis with Case Laws](https://bdlawdigest.org/inherent-power-of-high-court-division-in-bangladesh-section-561a-crpc.html): Abstract
- [Starting up a Business in Bangladesh: Legal Mistakes and Recommendations](https://bdlawdigest.org/common-legal-mistakes-people-make-when-starting-a-business.html): Business is an individual profession where economic activity is concerned. The legal practitioners often find many cases which arise out the silly mistakes of entrepreneurs; and hence every person who is really interested to run a business newly, should avoid such legal mistakes. It’s so important to keep your new business lawfully sound and secure.
- [Appointment of Supreme Court Judges : Article 95(2) Revisited](https://bdlawdigest.org/appointment-of-supreme-court-judges-in-bangladesh.html): Power of appointment of Supreme Court Judges in Bangladesh is given to the President under Articles 95 and 98 of the Constitution. But such power of the president ultimately falls in the hands of the Prime Minister during the political government as the President is required, under Article 48(3), to act in accordance with the advice of the Prime Minister in appointing judges, except Chief Justice, under Articles 95 and 98 of the Constitution. Although, conventionally chief Justice is consulted before appointing Supreme Court Judges, such requirement is neither mandatory, nor was often followed in recent decades.
- [Strengthening Labour Adjudication in Bangladesh](https://bdlawdigest.org/bangladesh-labour-law.html): Focus Keyword: Bangladesh Labour Law 
- [BDLD hosts its 2nd Seminar on ‘Law Making Process in Bangladesh’](https://bdlawdigest.org/bdld-hosts-its-second-seminar-on-law-making-process-in-bangladesh.html): The Moderator, Mr. Sarwar, in his closing speech, focused on the loopholes in law making process in Bangladesh and lacking of check and balance in existing legal mechanisms. He also emphasized on making laws befitting the time.
- [BDLD hosts Seminar on Legal Research and Legal Writings](https://bdlawdigest.org/bdld-hosts-seminar-on-legal-research-and-legal-writings.html): On January 5, 2017, BDLD hosted its first Seminar on ‘Legal Writings and Legal Research’ at the Department of Law of University of Dhaka. Law students from more than 20 universities of Bangladesh attended the seminar. Dr. Borhan Uddin Khan, Professor and Chairman, Department of Law, University of Dhaka was present as the Chief Guest in the seminar while Ms. Shirin Sultana, Lecturer, Department of Law, University of Dhaka was present as the Special Guest. The Keynote Speaker was Mr. Mohammad Golam Sarwar, Lecturer, Department of Law, University of Dhaka.
- [A Critical Evaluation of Bangladesh Environment Conservation Act 1995](https://bdlawdigest.org/bangladesh-environment-conservation-act.html): Conservation of the environment, improvement of the environmental standards & Control and mitigation of environmental pollution are three key objectives of the Bangladesh Environment Conservation Act (BECA) 1995. In order to effectuate these objectives, this particular legislation establishes department of environment, introduces the post of Director General, provision of environment clearance certificate and so on.
- [Medical Negligence and its Constitutional Protections in Bangladesh](https://bdlawdigest.org/constitutional-protection-and-claims-for-medical-negligence-in-bangladesh.html): Abstract: The term ‘medical negligence’ is not unknown to our society. Though advanced and state-of-art technologies have been introduced in some health care providing institutions in our country, it is often perceived that a quantity of patients of the total population of Bangladesh do not rely on the treatment of national health care providers. These people rush to another foreign country for better treatment by indicating the negligent behavior of our health care providers. The right to health and medical care has given significant importance in the Constitution of the People’s Republic of Bangladesh. In Bangladesh, the right to health and medical care is endorsed in the Constitution as fundamental necessity of every citizen. There are several Articles in our Constitution that ensure the right to health and medical care. Judicial review can be considered as an effective remedy for medical negligence litigations. It can be filed by any person, being aggrieved and having no other efficacious alternative remedy, before the honorable High Court Division in the form of Public Interest Litigation (PIL) or in the form of other Writ petitions(WP). However, there are still some limitations and challenges for medical negligence litigations in Bangladesh that cannot be ignored.
- [Role of NGOs in Promoting and Protecting Human Rights](https://bdlawdigest.org/role-of-ngos-in-promoting-and-protecting-human-rights.html): The concept ‘human rights’ introduced in modern language in the 16th century. However, it was affirmed in the Universal Declaration of Human Rights (UDHR) on 10 December 1948. The declaration characterizes a global charter of rights announced ‘Universal’ and ‘Fundamental’ liberty, which exceeds national, religious, cultural and ideological aspects. The Universal Declaration has now turned into a basis of International Law. The enshrined confirmation accordingly in the ICCPR and ICESCR deal with the rights of the individual human being and also lay down rights in perspective to globe. Human Rights are about the life, liberty, freedom, safety and majesty of men, women, youth and children. Government establishment is accountable to respect, protect and fulfil human rights hence they are not the single one concerned in human rights and sustainable human development the other common associations like human rights and socio-economic NGOs, societies as well as indigenous groups also play vital job in monitoring, defending and supporting human rights.
- [Apex Court Lights up a Beacon of Hope as to Arrest and Remand](https://bdlawdigest.org/apex-court-lights-up-a-beacon-of-hope-as-to-arrest-and-remand.html): On 24 May, 2016, the Appellate Division of the Supreme Court has upheld the verdict given by the High Court Division 14 years back prohibiting arbitrary arrest of someone without any warrant and interrogation in remand under the Sections 54  and 167   of the Criminal Procedure Code of 1898.  The Court, however, upheld the HCD directives with some modifications and guidelines.
- [A Sketch of the Impeachment of Judges of the Supreme Court of Bangladesh](https://bdlawdigest.org/impeachment-of-judges-of-the-supreme-court-of-bangladesh.html): A tug of war always existed between the different organs of the state in exercising power and controlling authority in Bangladesh. In 2007, the interim caretaker government of Bangladesh declared the independence of the judiciary from the executive, following the Masdar Hossain case. It rendered the Supreme Court independent and brought magistrates free of the influence of the executive branch. 
- [Legal Protection of Women in Bangladesh – Languishing for Want of Proper Implementation](https://bdlawdigest.org/protection-of-women-in-bangladesh.html): Main Keyword: Protection of Women in Bangladesh
- [Consumer Rights Protection and Bangladesh](https://bdlawdigest.org/consumer-rights-protection-in-bangladesh.html): The right to “safe goods and services” is included in the ‘right to life’ which is the most important fundamental right guaranteed under the Article 32 of the Constitution. The consumer rights protection has become a much-talked issue in recent times in the country. Now-a-days, the consumers are much worried about what they buy and eat. There are some laws in our country prohibiting the activities that militate against the rights of the consumers, but they are not strictly being enforced.
- [Independence of Judiciary: A Bird’s Eye View](https://bdlawdigest.org/independence-of-judiciary-in-bangladesh.html): Focus Keyword: Independence of Judiciary in Bangladesh
- [Protection of Girl Child Rights : A Crying Need](https://bdlawdigest.org/protection-of-girl-child-rights-a-crying-need-2.html): There are over 57 million children in Bangladesh and about half of them are girls. Child marriage among girls is most common in Bangladesh. Child marriage has been illegal in Bangladesh since 1929, and the minimum age of marriage has been set at 18 for women and 21 for men since the 1980s. In spite of this, child marriage remains a widespread practice in Bangladesh and Bangladesh has the fourth-highest rate in the world in terms of child marriage before age 18.
- [The Relevancy of ‘Rollback Clause’ for LDCs IPRs Regime](https://bdlawdigest.org/the-relevancy-of-rollback-clause-for-ldcs-iprs-regime.html): The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), with its 'one-size-fits-all' approach has created serious entailments for the developing and least developed countries (LDCs) in the field of public health, agriculture and development. Having recognised the inadequacy in infrastructure and policy regime for enforcing the stringent IPRs standards as envisaged by the TRIPS by many WTO members (especially LDCs), the agreement itself has provided 'special and differentiated treatment' for certain members.The 'transition period' for LDCs is a part of that differentiated treatment agenda. While the initial 'period of transition' to compliance for LDCs was until 1 January 2006, the TRIPS provided that, the TRIPS Council “shall upon duly motivated request by a least developed country member, accord extensions of this period” (article 66 of the TRIPS Agreement). Accordingly, there have been three subsequent extensions since the commencement of the TRIPS. Two of them were plenary i.e. applicable to all IPRs as included in the Trips Agreement and the other one (para.7 of the Doha Declaration the TRIPS and Public Health, 2001) was applicable for only pharmaceuticals and agricultural chemicals. The objective of the LDC transition arrangement as stated in article 66.1 is to accommodate “the needs and requirements of least developed country Members…and their need for flexibility to create for a viable technological base”.
- [IP Rights and Copyright Piracy in Bangladesh: Need a Fresh Look](https://bdlawdigest.org/ip-rights-and-copyright-piracy-in-bangladesh-needs-a-fresh-look.html): In today's world, intellectual property is linked up to nearly everything we do. We are enjoying fruits of human creativity and invention. Literary, artistic or dramatic works are the creation of authors, artists or playwrights. In order to enjoy exclusive rights on creative works, the creators must be provided copyright protection under a specific statute. However, extensive infringement of intellectual property rights (IPRs) has discouraged creativity and worked as a drag on artistic works of their economic values and protection of originality.History shows that creativity and artistic works have been major sources of economic and cultural growth in this part of the world. The creative talents of Lalon Fakir, Hasan Raza, Rabindranath Tagore and Kazi Nazrul Islam have always en-kindled rays of hope in this poverty-stricken land.
- [Deoxyribonucleic Acid (DNA) Act, 2014: A New Era in Criminal Justice System of Bangladesh](https://bdlawdigest.org/deoxyribonucleic-acid-dna-act-2014-a-new-era-in-criminal-justice-system-of-bangladesh.html): DNA is the abbreviation for Deoxyribonucleic Acid, which is the genetic material present in the nucleus of cells in all living organisms. DNA has been called the building block or genetic blueprint of life, was first described by the scientists Francis H. C. Crick and James D. Watson on 1953. In little more than a decade, DNA evidence has become the foremost forensic technique for identifying perpetrators, and eliminating suspects, when biological tissues such as saliva, skin, blood, hair, or semen are left at a crime scene.
- [From Enemy Property to Vested Property: Fifty Years of Public Sufferings](https://bdlawdigest.org/from-enemy-property-to-vested-property-fifty-years-of-public-sufferings.html): On September 6, 1965 a war broke out between India and Pakistan. An Ordinance called the Defence of Pakistan Ordinance, 1965 was promulgated and emergency was proclaimed to ensure the security of the state and public safety. Thereafter the government of Pakistan made an executive order namely the Enemy Property (Custody and Registration) Order, 1965 to declare India as enemy country and to take over all the interests of enemy (nationals/citizens of India) by the custodian of Enemy property.
- [Principles of Joint Liability with Special Reference to Sections 34, 109 and 149 of the Penal Code,1860](https://bdlawdigest.org/principles-of-joint-liability.html): BY: Md. Saddam Hossen
- [Legal Aid is Common People’s Right not a Charity](https://bdlawdigest.org/legal-aid-in-bangladesh.html): Keyword: Legal Aid in Bangladesh
- [Disaster Risk Reduction (DRR): the Legal and Institutional context in Bangladesh](https://bdlawdigest.org/disaster-risk-reduction-drr-the-legal-and-institutional-context-in-bangladesh.html): Disaster Risk Reduction (DRR) is defined by the United Nations International Strategy for Disaster Reduction (UNISDR) as “the systematic development and application of policies, strategies and practices to minimize vulnerabilities, hazards and disaster impacts throughout a society, in the broad context of sustainable development”. The goal of DRR is to reduce vulnerabilities and disaster risks through prevention, mitigation, and preparedness. Disaster risk is the potential disaster losses, in lives, health status, livelihoods, assets and services, which could occur to a particular community or a society over some specified future time period. Vulnerability means the propensity or predisposition to be adversely affected. Exposure is the presence of people, livelihoods, environmental services and resources; infrastructure; or economic, social or cultural in places that could be adversely affected. There is no such thing as a 'natural' disaster, only natural hazards. Hazards, potentially damaging events or phenomena, by themselves do not cause disasters. Disasters are created by a combination of exposure, vulnerability and hazard risk.
- [Protecting the Biodiversity of Chunati Wildlife Sanctuary](https://bdlawdigest.org/protecting-the-biodiversity-of-chunati-wildlife-sanctuary.html): Although Bangladesh is a very small country, nature has blessed it with varied wildlife biodiversity (flora and fauna). Biodiversity is the diversity, frequency and variety in genes, species and ecosystems in the biosphere. From the zoo-geographical point of view Bangladesh is at the junction of the Indo-Himalays and Indo-China sub-regions, one of the few countries where the species of two bio-geographic realms overlap.
- [Tajuddin Ahmad: An Inspiration for Future Leaders](https://bdlawdigest.org/tajuddin-ahmad-an-inspiration-for-future-leaders.html): Tajuddin Ahmad the first Prime Minister of Bangladesh, was born on 23rd July 1925 at village Dardaria in Kapasia of Gazipur District. He was son of Moulavi Muhammad Yasin Khan and Meherunnesa Khanam. Being the child of a Bangalee middle class Muslim family, his education began at the village madrasah founded by his father, where he became a Hafez-e-Quran. Tajuddin passed matriculation in 1944 from St. Gregary's High School in Dhaka, IA in 1948. He earned a BA in Economics degree in 1954 from Dhaka University and was a resident student of Fazlul Hauqe Muslim Hall. Being a full time political and social worker he could not devote enough time to education. Even so he excelled in academics. He earned a law degree in 1964 from the same University. As a political prisoner, he appeared in law exam while in prison.
- [Evaluating the Intellectual Property (IP) Rights on the Mirror of Human Rights](https://bdlawdigest.org/ip-rights-protection-laws-in-bangladesh.html): The allocation of rights over Intellectual Property (IP) has significant economic, social and cultural consequences that can affect the enjoyment of human rights. IP regimes seek to balance the moral and economic rights of creators and inventors with the wider interests and needs of the society. The heart of the debate on IP rights and human rights lays a distinction between individual rights and community rights.IP is a generic term that refers to intangible objects, such as literary works, artistic productions, scientific discoveries, and plans for inventions and designs, which acquire their value primarily from creative efforts. In the new global economy of ideas, ownership, control and access to creative works and scientific knowledge have considerable economic impact, giving rise to fierce competition over intellectual and creative works.
- [ADR Mechanism in Ordinary Civil Courts of Bangladesh](https://bdlawdigest.org/adr-in-civil-justice-system-in-bangladesh.html): Focus Keyword: ADR in Civil Justice System in Bangladesh
- [Role of Information Commission in Protecting Common People’s Right to Information (RTI) in Bangladesh](https://bdlawdigest.org/right-to-information-in-bangladesh.html): Focus Keyword: Right to Information in Bangladesh
- [A Critical Appraisal of Bangladesh Environment Conservation Act,1995 and Rules,1997](https://bdlawdigest.org/bangladesh-environment-conservation-act-1995.html): The Bangladesh Environment Conservation Act 1995 was enacted to fulfil three major objectives, namely: the conservation of the environment, the improvement of environmental standards, and the control and mitigation of environmental pollution. The Act was formulated based on the policy framework provided by the Environment Policy of 1992 and the National Environment Management Action Plan (NEMAP) of 1995.
- [Extrajudicial Killings and Culture of Impunity: ‘Right to Life’ in danger](https://bdlawdigest.org/extrajudicial-killings-in-bangladesh.html): Focus Keyword: Extrajudicial Killings in Bangladesh
- [Glimpses on pre-constitutional documents of Bangladesh](https://bdlawdigest.org/glimpses-on-pre-constitutional-documents-of-bangladesh.html): Focus Keyword: Proclamation of Independence of Bangladesh - The First Constitution
- [Restorative Justice: an old mechanism with a new holistic approach](https://bdlawdigest.org/restorative-justice-an-old-mechanism-with-a-new-holistic-approach.html): Restorative Justice (RJ) is a process or mechanism to resolve the harmful occurrences which take place in the society. It allows a victim and an offender to negotiate an agreement with a trained RJ facilitator to resolve a conflict to prevent a reoccurrence of an offence. The RJ disputes resolution process focuses on both victim and offender repairing the damage caused to the victim and the community. Mediation is the first step in this process.
- [Laws regulating Genetically Modified Organisms (GMOs) in Bangladesh](https://bdlawdigest.org/laws-regulating-genetically-modified-organisms-gmos-in-bangladesh.html): Genetically modified Organism (GMO) is basically an organism (plant, animal or microorganism) created by application of bio-technology which is such a technology by the application of which a new genetically characterized organism is created by introducing a new character or genetic carrier or gene in any organism found from that organism or from any wild species thereof or from completely different type of organism.
- [Drawbacks of land administration system in Bangladesh and some feasible solutions](https://bdlawdigest.org/drawbacks-of-land-administration-system-in-bangladesh-and-some-feasible-solutions.html): The land administration system in Bangladesh is not well-developed. It is beset with multiple defects and problems. It is corrupt, inefficient, and unreliable and inherently contains systematic weaknesses. Corruption has become a grave issue in this sector. A World Bank survey reveals that most crimes and corruptions in Bangladesh take place in land-related services. It has estimated that more than 3.2 million land-related cases are pending before the judiciary. A large number of the aggrieved persons is not empowered enough to approach the courts for litigation. Land disputes often lead to violence and criminal offenses.
- [Constitutional interpretation and our Supreme Court: a critical appreciation](https://bdlawdigest.org/constitutional-interpretation-and-our-supreme-court-a-critical-appreciation.html): The supreme court of Bangladesh is charged with duty to protect and uphold the Constitution of Bangladesh, and thereby it also functions as the guardian and interpreter of our constitution. In other words, it is one of the major functions of the honourable Supreme Court to interpret and construct the constitution in order to meet the needs of changing conditions of our society, as to make it a living constitution.
- [Enforced disappearance of natural forest conservators from Sundarbans: de jure vs. de facto](https://bdlawdigest.org/enforced-disappearance-of-natural-forest-conservators-from-sundarbans-de-jure-vs-de-facto.html): Tigers serve as the 'natural forest conservators' of the Sundarbans, the largest single mangrove forest on earth. They serve as the 'gardener of a garden' and control the prey populations, thus ensure healthy prey populations and regeneration of forest and maintain unique ecosystem and food chain of Sundarbans for hundred years without any remuneration. They also prevent anthropogenic interference into natural forest. But they don't know that, tiger is the national animal of Bangladesh; icon of the cultural and national heritage of Bangladesh; symbol of Bangladesh National Cricket team; and flagship species of the Sundarbans.
- [Raise voice to end the culture of concealment in case of rape](https://bdlawdigest.org/raise-voice-to-end-the-culture-of-concealment-in-case-of-rape.html): In Bangladesh the victims of rape face harassment in every step. Due to our social structure or in fear of further torture most family tries to conceal such heinous crime. According to the transition of our society the type of rape and the causes behind those are also changing. To combat this the issue of relevant laws and policies also come forwardwith the necessity of changes in our social outlook.
- [Cyber Crime and Legal Fabric of Bangladesh](https://bdlawdigest.org/cyber-crimes-and-cyber-laws-in-bangladesh.html): Focus Keyword: Cyber Crimes and Cyber Laws in Bangladesh
- [Common People’s Access to the Environment Courts of Bangladesh: An Appraisal](https://bdlawdigest.org/environment-court-act-2010.html): Focus Keyword: Environment Court Act 2010
- [Mobile Court: conflict of interest between the Judiciary and the Executive](https://bdlawdigest.org/mobile-court-conflict-of-interest-between-the-judiciary-and-the-executive.html): Mobile Court is not a new phenomenon rather it has antique sporadic legacy in various statutes and legal traditions in Bangladesh and elsewhere like India, United Kingdom, etc. Think about the public examinations we appeared i.e., SSC, HSC, where magistrates visited the hall and sometimes punished some students or others for the offences committed under the Public Examination (Offences) Act, 1980
- [A comparative analysis between the provisions the Constitution of Bangladesh and the Penal Code, 1860](https://bdlawdigest.org/a-comparative-analysis-between-the-provisions-the-constitution-of-bangladesh-and-the-penal-code-1860.html): The Constitution of Bangladesh is the supreme law of the land, and if any other law is inconsistent with this constitution that other law shall, to the extent of inconsistency, be void.
- [Domestic violence: a carcinogenic social disease](https://bdlawdigest.org/domestic-violence-in-bangladesh.html): Focus Keyword: Domestic Violence in Bangladesh
- [Eve-teasing : from a social malady to a suicidal hex](https://bdlawdigest.org/laws-relating-to-eve-teasing-in-bangladesh.html): Focus Keyword: Laws Relating to Eve Teasing in Bangladesh
- [Human trafficking in Bangladesh: dead men tell no tales](https://bdlawdigest.org/human-trafficking-in-bangladesh-dead-men-tell-no-tales.html): Now-a-days, when we start going through the newspapers in the morning, the news of human trafficking often comes to our sight. We see that people from the lower economic classes are leaving their own motherly country risking their lives with a view to earning more in the foreign countries. Thanks to the dearth of competent employment facilities, these people are most often compelled to resort to such a risky way. Most of these people are illiterate and hence they are easily ill-trapped by the human traffickers. The discovery of mass graves of victims of human trafficking in Thailand, Malaysia and Indonesia have moved us to think that some of us are much more cruel even than the animals of the forest.
- [Rule of Law and Constitution of Bangladesh : An Overview](https://bdlawdigest.org/rule-of-law-in-bangladesh.html): Rule of Law in Bangladesh, Rule of Law in Context of Bangladesh, One of the basic principles of the Bangladesh Constitution.
- [The expansion of the term “Right to Life”](https://bdlawdigest.org/the-expansion-of-the-term-right-to-life.html): - Md. Nahid Hosen
- [Reflections on Environmental Adjudication Regime of Bangladesh](https://bdlawdigest.org/bangladesh-environment-court-act-2010.html): Focus Keyword: Bangladesh Environment Court Act 2010
- [Key Definitions and Concepts of Company Law](https://bdlawdigest.org/key-definitions-and-concepts-of-company-law.html): Company

## Pages
- [Track Submission – Bangladesh Law Digest (BDLD)](https://bdlawdigest.org/journal/track-submission)
- [Submit a Manuscript to BDLD Journal](https://bdlawdigest.org/journal/submit-manuscript)
- [Explore Legal Research](https://bdlawdigest.org/explore-legal-research)
- [Legal Articles & Commentary](https://bdlawdigest.org/articles): BDLD Blog Archives Explore legal articles, case commentaries, and expert opinions published on the Bangladesh Law Digest (BDLD) platform. Browse our extensive collection of insights covering constitutional law, environmental law, human rights, corporate law, and international law. 2026 Articles 2025 Articles 2024 Articles Legal Articles, Case Notes & Editorial Opinions View All Blog Articles →
- [BDLD Leadership](https://bdlawdigest.org/about/leadership)
- [Editorial Board | BDLD Journal](https://bdlawdigest.org/journal/editorial-board)
- [Archives | BDLD Journal](https://bdlawdigest.org/journal/archives): Published by BDLD · ISSN (Online): 2708-6313
- [Current Issue | BDLD Journal](https://bdlawdigest.org/journal/current-issue): Published by BDLD · ISSN (Online): 2708-6313
- [Call for Papers: BDLD Journal, Volume 1, Issue 1](https://bdlawdigest.org/journal/call-for-papers): Published by BDLD · ISSN (Online): 2708-6313
- [Privacy Policy | BDLD Journal](https://bdlawdigest.org/journal/privacy-policy): Published by BDLD · ISSN (Online): 2708-6313
- [Copyright Policy | BDLD Journal](https://bdlawdigest.org/journal/copyright-policy): Who holds what rights over a published article, and how those rights may be used.
- [AI Use Policy | BDLD Journal](https://bdlawdigest.org/journal/ai-use-policy): Published by BDLD · ISSN (Online): 2708-6313
- [Publication Ethics Policy | BDLD Journal](https://bdlawdigest.org/journal/publication-ethics): Published by BDLD · ISSN (Online): 2708-6313
- [Peer Review Policy](https://bdlawdigest.org/journal/peer-review-policy): Published by BDLD · ISSN (Online): 2708-6313
- [Submit to BDLD, a Peer-Reviewed Law Journal in Bangladesh](https://bdlawdigest.org/journal/author-guidelines): A peer-reviewed, open-access law journal for original legal scholarship on domestic and international legal issues.
- [About BDLD Journal](https://bdlawdigest.org/journal): Published by BDLD · ISSN (Online): 2708-6313
- [Blog Submission Guidelines](https://bdlawdigest.org/submissions/blog-guidelines): Focusing on domestic and international legal issues.
- [OSCOLA 5th Edition: Quick Citation Guide & Rules](https://bdlawdigest.org/oscola-5th-edition-citation-guide): The 5th edition finally kills off ibid, supra, op cit and the rest of the Latin shortcuts. They confused too many readers, and Word's autocorrect kept ruining them. Now, if you need to cite something again, just give it a short name and point back to the original footnote.
- [Free OSCOLA Citation Generator (5th Edition) | Create Accurate Legal Citations Online](https://bdlawdigest.org/free-oscola-citation-generator): Add a citation Auto-fill Book Journal Article Online Journal Website Legal Case Statute Newspaper Treaty Author First Name (or Org)Author Last NamePage TitleWebsite NameDate Published (YYYY-MM-DD)Date Accessed (YYYY-MM-DD)URL OSCOLA (Oxford University Standard) Copy & Export Start filling out the form to generate your citation... OSCOLA 5th Edition Citation Guide - CTA Oxford Standard for the Citation of Legal Authorities OSCOLA Fifth Edition The 5th edition simplifies citations and eliminates Latin shortcuts like ibid and supra. Ensure your legal writing meets the new standard with our comprehensive guide. Read the Quick Guide ✓ Full Formatting Rules ✓ In-text Examples
- [Archive](https://bdlawdigest.org/archive): ISSN: 2708-6313
- [BDLD Legal Research Membership](https://bdlawdigest.org/bdld-legal-research-membership): .bdld-container { padding: 0 20px; }
- [Newsletter](https://bdlawdigest.org/newsletter): Your Email
- [Internship Opportunity at BDLD](https://bdlawdigest.org/internship-opportunity-at-bdld): Bangladesh Law Digest (BDLD) is a leading law journal in Bangladesh. It started its journey in 2015 with a view to providing the lawyers, legal researchers and law students with a brilliant platform to dissect, analyze and synthesize various issues pertaining to the legal field.
- [Internship at BDLD](https://bdlawdigest.org/internship-at-bdld)
- [BDLD – A Leading Legal Research Organization in Bangladesh](https://bdlawdigest.org/)
- [Board of Editors](https://bdlawdigest.org/board-of-editors)
- [Board of Advisors](https://bdlawdigest.org/board-of-advisors): Mohammad Golam Sarwar (FCO UK Government Chevening Scholar) currently serving as an Assistant Professor, Department of Law, University of Dhaka. He is not only teaching, but also trying to lead the students from the front. He is the In-Charge, Law Desk, The Daily Star (The largest English Daily in Bangladesh). Currently, He is working as a National Consultant for UN Women (Bangladesh). He also works as a Trainer for the BRAC Advocacy for Social Change Program. In addition, he works as a Research coordinator, (Center for Justice and Development) at International Research Initiative Bangladesh (IRIBD). He has also worked in various human rights organizations including National Human Rights Commission, Bangladesh. He worked as a Co-coordinator of Street Law Program run by Empowerment through Law of the Common People (ELCOP). He completed LLB (Hons.) and LLM from University of Dhaka. He also pursued a second Masters in International Development Law and Human Rights at University of Warwick, UK. His research interest includes International Human rights Law, Law and Development, International Criminal Law, Global Justice, Environmental Justice, Islamic Law. He has excellent power of presentation and delivery of speech. The audience gets a very clear insight from his presentation. By utilizing his grand creativity, he smoothly brings new and dimensional aspects and ideas on any topic.
- [About](https://bdlawdigest.org/about): Citable, open-access legal scholarship from Bangladesh.
- [BDLD Seminars/Events](https://bdlawdigest.org/bangladesh-law-digest-bdld-seminar): .journal-container p, .bdld-compact-media p { margin: 0; }
- [Submissions](https://bdlawdigest.org/submissions): BDLD publishes through two tracks, each with its own process. Pick the one that fits what you've written.
- [Get in Touch with BDLD !](https://bdlawdigest.org/contact-bdld): We are available for inquiries regarding submissions, subscriptions, and research partnerships.
- [](https://bdlawdigest.org/glossary-of-legal-terms): Glossary of Legal Terms
- [A Collection of Latin Law Terms and Maxims](https://bdlawdigest.org/latin-law-terms)

## 

## Glossary Terms
- [Redemption](https://bdlawdigest.org/glossary/redemption): Paying off all the money borrowed under an agreement.
- [Adjournment](https://bdlawdigest.org/glossary/adjournment): Postponement of a court hearing.
- [Absolute privilege](https://bdlawdigest.org/glossary/absolute-privilege): A defence which can be used in a case of defamation if the statement from which the defamation arose was:
- [Abuse of process](https://bdlawdigest.org/glossary/using-a-legal-right-or-process-in-a-way-that-is-unfair-to-others-for-example-one-party-to-a-lawsuit-can-abuse-a-court-procedure-by-causing-delay-on-purpose-to-get-some-advantage-over-the-other-part): Using a legal right or process in a way that is unfair to others. For example, one party to a lawsuit can abuse a court procedure by causing delay on purpose, to get some advantage over the other party.
- [Curfew](https://bdlawdigest.org/glossary/curfew): A court ordering someone to stay at a named place at stated times of the day.
- [Interlocutory](https://bdlawdigest.org/glossary/interlocutory): Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit.
- [Interrogatories](https://bdlawdigest.org/glossary/interrogatories): Written questions asked by one party in a lawsuit for which the opposing party must provide written answers.
- [Creditors’ voluntary winding up](https://bdlawdigest.org/glossary/creditors-voluntary-winding-up): If a company is insolvent (cannot pay its debts when they are due for payment) the members can pass a special resolution to have the company wound up (liquidated). This is called a creditors' voluntary winding up.
- [Investigation](https://bdlawdigest.org/glossary/investigation): A legal inquiry to discover and collect facts concerning a certain matter.
- [Indemnity](https://bdlawdigest.org/glossary/indemnity): To guarantee against any loss which another might suffer.
- [Inquisitorial system](https://bdlawdigest.org/glossary/inquisitorial-system): A kind of legal system where judges can ask witnesses questions and make their own investigations about the facts in a case. See also adversarial system.
- [Decree](https://bdlawdigest.org/glossary/decree): A decision or order of the court - a final decree is one which fully and finally disposes of the litigation; an interlocutory decree is a provisional or preliminary decree which is not final.
- [Hearing](https://bdlawdigest.org/glossary/hearing): A preliminary examination where testimony is given and evidence presented for the purpose of determining an issue of fact and reaching a decision on the basis of that evidence.
- [Hearsay evidence](https://bdlawdigest.org/glossary/hearsay-evidence): Statements about something that has not been seen or heard by the witness, but has been told to them by another person. Hearsay evidence is usually not allowed in court.
- [Executor](https://bdlawdigest.org/glossary/executor): The person named in a will as the one who must ensure that the deceased person’s intentions, as stated in the will, are carried out.
- [Damages](https://bdlawdigest.org/glossary/damages): Monetary compensation for wrong or injury caused by the violation of a legal right.
- [Examination in chief](https://bdlawdigest.org/glossary/examination-in-chief): "Questioning own witness in court"
- [Cross-examination](https://bdlawdigest.org/glossary/cross-examination): Questioning by a party or his attorney of an adverse party or a witness called by an adverse party; opposite of direct examination.
- [Lien](https://bdlawdigest.org/glossary/lien): The right to keep possession of something owned by someone who owes a debt, until the debt has been settled.
- [Bill of lading](https://bdlawdigest.org/glossary/bill-of-lading): A document recording the goods a ship carries and the terms the goods are carried under.
- [Equity](https://bdlawdigest.org/glossary/equity): (1) Fairness and justice.
- [Easement](https://bdlawdigest.org/glossary/easement): Right held by one person to use the land of another for a specified purpose, such as a right of way.
- [Joint and several liability](https://bdlawdigest.org/glossary/joint-and-several-liability): Two or more people responsible for repaying a debt. They are each responsible individually to repay all the debt as well as being responsible as a group.
- [Judgment](https://bdlawdigest.org/glossary/judgment): The final decision of the court resolving the dispute; an opinion; an award. It is a determination of the rights of the parties in an action or special proceeding. It shall refer to and state the result of a verdict or decision, may or may not recite the circumstances on which it is based.
- [Estoppel](https://bdlawdigest.org/glossary/estoppel): A rule of law that a person cannot deny something they previously said, if someone else acted on what was said and their position was changed, possibly for the worse, as a result.
- [Contract](https://bdlawdigest.org/glossary/contract): A legally enforceable agreement between two or more persons or parties (oral or written).
- [Remainder](https://bdlawdigest.org/glossary/remainder): An interest which starts when a previous interest finishes. When more than one person has been left an interest in land the first person to possess an interest will have to die before the next person can possess an interest in the land, and so on.
- [Acknowledgement](https://bdlawdigest.org/glossary/acknowledgement): Admitting that someone has a claim or admitting that a debt exists.
- [Interpleader](https://bdlawdigest.org/glossary/interpleader): Action by which one having possession of an article or fund claimed by two parties may compel them to litigate the title between themselves, instead of with him/her.
- [Mediation](https://bdlawdigest.org/glossary/mediation): A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.
- [Arbitration](https://bdlawdigest.org/glossary/arbitration): "Settling a dispute by using a referee"; The referral of a dispute to an impartial third person chosen by the parties to the dispute who agree in advance to abide by the arbitrator’s award issued after a hearing at which both parties have an opportunity to be heard.
- [Interim order](https://bdlawdigest.org/glossary/interim-order): A temporary court order that stays in place only until a court can make a decision on the issue at a full hearing.
- [Verdict](https://bdlawdigest.org/glossary/verdict): "The opinion of a jury or a judge on the factual issues of a case"; "the judge's decision at the end of a case."
- [Inquest](https://bdlawdigest.org/glossary/inquest): A proceeding which usually is a limited non-jury trial for the purpose of fixing the amount of damages where the plaintiff or defendant alone introduces testimony.
- [Injunction](https://bdlawdigest.org/glossary/injunction): A court order that directs a person to do, or not to do, a specific act. For example, a court can order a developer not to demolish a historic building.
- [Issue](https://bdlawdigest.org/glossary/issue): The disputed point in a disagreement between parties in a lawsuit.
- [Trust](https://bdlawdigest.org/glossary/trust): A type of property ownership where one person, the trustee, holds property for the benefit of someone else, the beneficiary. For example, a trustee may hold a child’s inheritance for them until they turn 18.
- [Tribunal](https://bdlawdigest.org/glossary/tribunal): • A body set up to act like a court, but outside the normal court system;
- [Trial](https://bdlawdigest.org/glossary/trial): A judicial examination and determination of issues between parties before a court that has jurisdiction.
- [Tort](https://bdlawdigest.org/glossary/tort): A civil injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual but not founded on a contract. The most common tort action is a suit for damages sustained in an automobile accident
- [Libel](https://bdlawdigest.org/glossary/libel): Published words or pictures that falsely and maliciously harm the reputation of a person.
- [Slander](https://bdlawdigest.org/glossary/slander): False and defamatory spoken words tending to harm another’s reputation, community standing, office, trade, business, or means of livelihood.
- [Defamation](https://bdlawdigest.org/glossary/defamation): Making a statement, either orally or in writing, which damages someone's reputation.
- [Defence](https://bdlawdigest.org/glossary/defence): (1) A defendant’s response to the legal claims made against them in court by a prosecutor or plaintiff.
- [Remand](https://bdlawdigest.org/glossary/remand): To send a case back from an appellate court to the lower court from which it came, for further proceedings.
- [Beyond reasonable doubt](https://bdlawdigest.org/glossary/beyond-reasonable-doubt): The degree of certainty required for a juror to legally find a criminal defendant guilty. An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt"; that state of mind of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
- [Prosecutor](https://bdlawdigest.org/glossary/prosecutor): A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
- [Guardian ad litem](https://bdlawdigest.org/glossary/guardian-ad-litem): "Person appointed by a court to represent the interests of a minor or incompetent person in a legal proceeding."
- [Privileged Communications](https://bdlawdigest.org/glossary/privileged-communications): Confidential communications to certain persons that are protected by law against any disclosure, including forced disclosure in legal proceedings. Communications between lawyer and client, physician and patient, psychotherapist and patient, priest, minister, or rabbi and penitent are typically privileged.
- [Presumption of innocence](https://bdlawdigest.org/glossary/presumption-of-innocence): A hallowed principle of criminal law that a person is innocent of a crime until proven guilty. The government has the burden of proving every element of a crime beyond a reasonable doubt, and the defendant has no burden to prove his innocence.
- [Pleadings](https://bdlawdigest.org/glossary/pleadings): The written statements of fact and law filed by the parties to a lawsuit. Statements of the facts prepared by both sides in a civil case. Each side gives the other its pleadings so that they are both aware of what arguments will be used during the trial.
- [Confession](https://bdlawdigest.org/glossary/confession): Voluntary statement made by one who is a defendant in a criminal trial, which, if true, discloses his or her guilt.
- [Admission](https://bdlawdigest.org/glossary/admission): One side in a case agreeing that something the other side has alleged is true; Voluntary acknowledgment of the existence of certain facts relevant to the adversary’s case.
- [Accessory](https://bdlawdigest.org/glossary/accessory): A person who aids or contributes in the commission of a crime.
- [Accomplice](https://bdlawdigest.org/glossary/accomplice): One who knowingly, voluntarily, and intentionally unites with the principal offender in the commission of a crime. A partner in a crime.
- [Attestation](https://bdlawdigest.org/glossary/attestation): The act of witnessing an instrument in writing at the request of the party making the instrument and signing it as a witness.
- [Disclaimer](https://bdlawdigest.org/glossary/disclaimer): To give up a claim or a right or refuse to take over an onerous (having more obligations than advantages) contract. A disclaimer can also be a notice to limit responsibility.
- [Dismissal](https://bdlawdigest.org/glossary/dismissal): Termination of a proceeding for a procedure defect or failure to prove a claim.
- [Discharge](https://bdlawdigest.org/glossary/discharge): Release from:
- [Probate](https://bdlawdigest.org/glossary/probate): Acceptance by a court that a deceased person’s will is valid and was the last will they made before they died. It also means the process by which assets are gathered; applied to pay debts, taxes, and expenses of administration; and distributed to those designated as beneficiaries in the will.
- [Surety](https://bdlawdigest.org/glossary/surety): A person who promises a court that an accused person released on bail will attend court on a hearing date. If the accused person does not attend court, the surety must pay the court the amount of money stated in the bail documents.
- [Will](https://bdlawdigest.org/glossary/will): A legal declaration that disposes of a person’s property when that person dies.
- [Warrant](https://bdlawdigest.org/glossary/warrant): • A certificate which gives the person holding it the right to buy shares at a given price;
- [Security](https://bdlawdigest.org/glossary/security): "Something of value pledged to a bank by a borrower" - If the borrower fails to repay the debt, the bank can sell the security and repay the debt out of the proceeds of the sale.
- [Bailment](https://bdlawdigest.org/glossary/bailment): "Transferring possession of goods from the owner to someone else"
- [Burden of proof](https://bdlawdigest.org/glossary/burden-of-proof): The obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.
- [Possessory title](https://bdlawdigest.org/glossary/possessory-title): "Gaining title through possession" - If you have possession of something for a long time you may gain title to it even though you do not have documents to prove that it is yours.
- [Power of attorney](https://bdlawdigest.org/glossary/power-of-attorney): A document which gives power to the person appointed by it to act for the person who signed the document.
- [Pre-emption](https://bdlawdigest.org/glossary/pre-emption): The right to buy property before others are given the chance to buy.
- [Constructive notice](https://bdlawdigest.org/glossary/constructive-notice): "Presuming something is known" - The law sometimes presumes that a person knows something even though they do not.
- [Bail](https://bdlawdigest.org/glossary/bail): Money or other security (such as a bail bond) provided to the court to temporarily allow a person’s release from jail and assure his or her appearance in court. Bail and Bond are often used interchangeably.
- [Bail bond](https://bdlawdigest.org/glossary/bail-bond): "A form signed by a person released on bail to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as bond.
- [Mandamus](https://bdlawdigest.org/glossary/mandamus-2): A writ issued by a court ordering a public official to perform an act.
- [Prohibition](https://bdlawdigest.org/glossary/prohibition): An order made by the Supreme Court or the High Court prohibiting a body from acting outside its authority.
- [oath](https://bdlawdigest.org/glossary/oath): Written or oral pledge by a witness to speak the truth; Swearing the truth of a statement.
- [Notice](https://bdlawdigest.org/glossary/notice): Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.
- [Cause of action](https://bdlawdigest.org/glossary/cause-of-action): A claim and/orthe grounds on which a legal action may be brought (e.g. property damage, personal injury, goods sold and delivered, work labor and services).
- [Certiorari](https://bdlawdigest.org/glossary/certiorari-2): An order made by a higher court that cancels the legal effect of a decision that was incorrectly made by a lower court, public official or authority, or one they had no power to make.
- [Charge](https://bdlawdigest.org/glossary/charge): (1) A statement giving the details of a crime an accused person is claimed to have committed.
- [Administrator](https://bdlawdigest.org/glossary/administrator): (1) Someone who takes legal responsibility for the possessions of a person who has died without making a will or who is still alive but cannot manage their own possessions. For example, an administrator may be appointed to manage the money, house or other possessions of a person who has a severe mental disability.
- [Acquittal](https://bdlawdigest.org/glossary/acquittal): The court's decision that a person is innocent of the crime they were charged with.
- [Letter of demand](https://bdlawdigest.org/glossary/letter-of-demand): A letter, usually written by a lawyer for their client, telling the person who receives it that unless they do what the letter says they will be sued. For example, a letter of demand can ask a debtor to repay a loan to avoid being sued.
- [Code](https://bdlawdigest.org/glossary/code): A collection, compendium, or revision of laws, rules, and regulations enacted by legislative authority.
- [Jurisdiction](https://bdlawdigest.org/glossary/jurisdiction): 1) The legal authority of a court to hear and decide a case.
- [Foreclosure](https://bdlawdigest.org/glossary/foreclosure): A legal proceeding that bars or extinguishes a right, such as a mortgagor lien. Procedure by which mortgaged property is sold on default of the mortgagor in satisfaction of mortgage debt.
- [Mortgagor](https://bdlawdigest.org/glossary/mortgagor): The person who borrows the money to buy a property. The lending is secured with a mortgage of the property.
- [Mortgagee](https://bdlawdigest.org/glossary/mortgagee): "The lender of the money which is secured by a mortgage"
- [Mortgage](https://bdlawdigest.org/glossary/mortgage): "Using property as security for a debt"; "A debt on real estate or goods as security for the repayment of money borrowed" -  It is also the name for the contract which is signed by the borrower and lender when money is lent using property as security for a loan.
- [Lease](https://bdlawdigest.org/glossary/lease): A contract between the owner of a property and a tenant, giving the tenant sole use of the property for an agreed time.
- [Letters of administration](https://bdlawdigest.org/glossary/letters-of-administration): A document that gives a person authority to manage the property of a person who has died without making a valid will.
- [Judicial Review](https://bdlawdigest.org/glossary/judicial-review): The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.
- [Appeal](https://bdlawdigest.org/glossary/appeal): "A proceeding to have a case examined by a higher court to see if a lower court's decision was made correctly according to law."
- [Summons](https://bdlawdigest.org/glossary/summons): "A formal document issued by a court which says someone must appear in court on the date stated in the document." "A notice to a defendant that he or she has been sued or charged with a crime and is required to appear in court."
- [Writ](https://bdlawdigest.org/glossary/writ): "A document in a civil proceeding that a plaintiff has issued to commence a court action." "An order issued by a court telling someone to do something or not to do something."
- [Terra nullius](https://bdlawdigest.org/glossary/terra-nullius): "Nobody's land"
- [Suo motu](https://bdlawdigest.org/glossary/suo-motu): "On its own motion"
- [Qui prior est tempore potior est jure](https://bdlawdigest.org/glossary/qui-prior-est-tempore-potior-est-jure): "He who \u00a0is first in point of time is preferred in law."
- [Qui non improtaat, approtaat](https://bdlawdigest.org/glossary/qui-non-improtaat-approtaat): "He who does not blame, approves."
- [Quando lex aliquid alicui concedit, concedere  videtur et id sine quo res ipsa esse non potest](https://bdlawdigest.org/glossary/quando-lex-aliquid-alicui-concedit-concedere-videtur-et-id-sine-quo-res-ipsa-esse-non-potest): "When the law gives a man anything it gives him that also without which the thing itself cannot exist."
- [Qui facit per alium facit per se](https://bdlawdigest.org/glossary/qui-facit-per-alium-facit-per-se): " He who acts  through another acts through himself."

## Categories
- [BDLD OP-ED](https://bdlawdigest.org/blog/bdld-op-ed)
- [Blog](https://bdlawdigest.org/blog)
- [Civil Law](https://bdlawdigest.org/blog/civil-law-blog)
- [Company Law/Business Law](https://bdlawdigest.org/blog/company-lawbusiness-law)
- [Constitutional Law](https://bdlawdigest.org/blog/constitutional-law-blog)
- [Criminal Law](https://bdlawdigest.org/blog/criminal-law-blog)
- [Cyber Law](https://bdlawdigest.org/blog/cyber-law-blog)
- [Editor Picks](https://bdlawdigest.org/editor-picks)
- [Environmental Law](https://bdlawdigest.org/blog/environmental-law-blog)
- [Events](https://bdlawdigest.org/events)
- [Evidence Law](https://bdlawdigest.org/blog/evidence-law-blog)
- [Featured](https://bdlawdigest.org/featured)
- [Human Rights](https://bdlawdigest.org/blog/human-rights)
- [Intellectual Property](https://bdlawdigest.org/blog/intellectual-property-blog)
- [International Humanitarian Law (IHL)](https://bdlawdigest.org/blog/international-humanitarian-law-ihl)
- [International Law](https://bdlawdigest.org/blog/international-law-blog)
- [Labour Law](https://bdlawdigest.org/blog/labour-law)
- [Miscellaneous](https://bdlawdigest.org/blog/miscellaneous)
- [Property/Land Law](https://bdlawdigest.org/blog/property-law-blog)
- [Statutes/Legislation](https://bdlawdigest.org/blog/statutes-legislation)
- [Tort Law](https://bdlawdigest.org/blog/tort-law)