Helping the Hand of Justice-Judicial Clerkship in Bangladesh
Judicial clerkship, also known as law clerkship, is often hailed as one of the best practical educational experiences in a lawyer’s life.
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Judicial clerkship, also known as law clerkship, is often hailed as one of the best practical educational experiences in a lawyer’s life.
For quite some time there have been moves to undermine the anachronistic and controversial veto powers that are enjoyed in the United Nations Security Council by its five permanent members- China, France, Russia, United Kingdom and the United States- all nuclear-weapon States. The veto power originated from Article 27 of the Charter of the United Nations. It states that – (a) each member of the Security Council shall have a vote, (b) decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members and (c) decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting. Although the "power of veto" is not mentioned by name in the UN Charter, Article 27 requires concurring votes from the permanent members. Nevertheless, A negative vote from any of the permanent members will block the adoption of a draft resolution. However, a permanent member that abstains or is absent from the vote will not block a resolution from being passed. With the passage of years, the veto power has become more controversial. Supporters regard it as a promoter of international stability, a check against military interventions, and a critical safeguard against United States domination. Critics however point out that the veto is the most undemocratic element of the United Nations. It is also considered as the main cause of UN inaction pertaining to certain significant developments related to crimes committed against humanity or action that may be classified under international law as war crimes. Although the "power of veto" is not mentioned by name in the UN Charter, Article 27 requires concurring votes from the permanent members. Nevertheless, A negative vote from any of the permanent members will block the adoption of a draft resolution. However, a permanent member that abstains or is absent from the vote will not block a resolution from being passed. The use of the veto has gone through several distinct phases, reflecting the shifting political balance on the Security Council. From 1946 to 1969, a majority of the Security Council was aligned with the United States, which cast no vetoes because it won every vote. To block resolutions from the Western majority, the Soviet Union cast 93% of all the vetoes. France and the United Kingdom occasionally used the veto to protect their colonial interests and the Republic of China only used the veto once. The Western majority eroded after the 1960s as there was expansion of decolonization and consequent expansion in the membership of the United Nations. The evolving scenario also saw the newly independent countries from the Third World voting quite often against the Western countries – and this resulted in the United States resorting quite often in the use of the veto. From 1970 to 1991, The United States cast 56% of the vetoes, sometimes joined by French and British vetoes. The Soviet Union cast fewer vetoes than any of the Western powers, and the People's Republic of China used the veto only once. It would be fitting in this context to recall that in 1971, the Republic of China was expelled from the United Nations, and the Chinese seat was transferred to the People’s Republic of China (PRC). Interestingly, the PRC first used the veto on 25 August 1972 to block the admission of Bangladesh to the United Nations. However, after the end of the era known as the Cold War, there was a brief period of harmony in the Security Council. The period from 31 May 1990 to 11 May 1993 was the longest period in the history of the UN without the use of the veto. The number of resolutions passed each year also increased. Usage of the veto has nevertheless picked up since the early 21st century, most notably because of the Civil War in Syria and the evolving situation related to Palestine and Israel. Some critics see veto power exclusive to the permanent five as being anachronistic, unjust and counterproductive. Strategic analyst Peter Nadin has observed that “the veto is an anachronism” and needs to be “seen as a disproportionate power and an impediment to credible international action to crises." In this regard, some have also pointed out that with the adoption of the resolution by the General Assembly known as “Uniting for Peace”, and given the interpretations of the Assembly's powers this has become customary international law. By adopting A/RES/377 A, on 3 November 1950, over two-thirds of UN Member states declared that, according to the UN Charter, the permanent members cannot and should not prevent the General Assembly from taking any and all action necessary to restore international peace and security in cases where the Security Council has failed to exercise its "primary responsibility" for maintaining peace. Such an interpretation sees the General Assembly as being awarded "final responsibility"—rather than "secondary responsibility"—for matters of international peace and security, by the UN Charter. This is viewed by many observers as the Uniting for Peace Resolution being able to provide a mechanism for the General Assembly to overrule any Security Council vetoes, thus rendering them little more than delays in UN action, should two-thirds of the Assembly subsequently agree that action is necessary. Stephen Zunes, Professor of Politics and International Studies at the University of San Francisco, has in this regard recalled that the General Assembly Resolution 377 enabled the General Assembly to invoke this Resolution on four occasions- with regard to the Korean War, regarding Namibia and regarding Resolutions concerning Palestine. This interesting evolving situation has recently emerged once again towards the end of April. Liechtenstein has initiated the idea of a Resolution at the United Nations that will mandate a meeting of the General Assembly whenever a veto is cast in the Security Council. The new Resolution proposed before the UN General Assembly (UNGA)– is entitled “Standing mandate for a General Assembly debate when a veto is cast in the Security Council”. All the 193 Member States are monitoring the situation carefully. The move is likely to be supported by a majority of the States. By the end of April, the Resolution had 57 co-sponsors. US Ambassador Linda Thomas-Greenfield has informed that the United States is one of the co-sponsors of the Resolution. It has also been claimed by her that this proposed Resolution will be a significant step toward the accountability, transparency, and responsibility of all of the Permanent Members of the Security Council members who wield its power. It is understood that the new proposed Resolution suggests “that the President of the General Assembly shall convene a formal meeting of the Assembly within ten working days of the casting of a veto by one or more permanent members of the Security Council, to hold a debate on the situation as to which the veto was cast, provided that the General Assembly does not meet in an Emergency Special Session on the same situation.” Ukrainian President Volodymyr Zelenskyy during his riveting address to the Security Council via tele-conferencing last April asked a fundamental question- “Where is the peace that the United Nations was created to guarantee? And “where is the security that the Security Council was supposed to guarantee?” It is true that the UN has remained helpless—with a divided Security Council in virtual paralysis — in another long-running political issue: the nuclear threat from North Korea, where a Security Council resolution for additional sanctions against DPRK was vetoed recently by Russia and China (even though it garnered 13 out of 15 votes). It is true that the UN’s declining role in geo-politics has been compensated for by its increasingly significant performance as a massive humanitarian relief organization. These efforts have been led by multiple UN agencies such as the World Food Program, the World Health Organization (WHO), the UN children’s fund UNICEF, the Office of the UN High Commissioner for Refugees (UNHCR) , the UN Population Fund (UNFPA), the Food and Agriculture Organization (FAO), the International Organization for Migration (IOM) and the UN Office for the Coordination of Humanitarian Affairs (OCHA), among others. Nevertheless, analysts have been pointing out that the UN of today is not the same UN that was established in 1945. The United Nations Security Council in particular, which was intended to maintain international peace and security, appears to have sadly outlived its usefulness in its current makeup. The Security Council was bestowed with the powers to maintain peace and international security with enforceable mechanisms, and appears to have generally failed to reach consensus on enforcing its own resolutions. Consequently, many strategic analysts have reiterated that due to the present makeup of the Security Council, it is unable to operate in its required capacity. They have also reiterated the need to undertake significant reforms. This current scenario has accordingly led to the suggestion that the Security Council should expand from 15 to 21 member states. Many have also suggested that nine states or regional unions should be granted permanent membership with veto power: the EU, the US, Russia, China, India, Indonesia to represent Asian countries, Brazil to represent the Latin American countries, the Arab League, and the African Union. Naturally the UK in all likelihood will oppose such a process as it is no longer a member of the EU and would thus lose representation on the Council. In addition, it is also being suggested that twelve other countries in the Security Council should not only rotate every two years based on the current format but that a resolution can only be vetoed if two countries exercise their veto power. The need for three other factors are also being stressed- (a) the Security Council will establish an enforcement mechanism to ensure that its resolutions are carried out; (b) the Security Council will be empowered to resolve current violent conflicts and mediate other conflicts before they become violent; and (c) the UN General Assembly will have the power to override any veto by a two-thirds majority. The scenario is interesting but it would be difficult to say that such changes could eventually take place in the short term. One needs to remember that the equation does not include Germany and Japan.
Deoxyribonucleic Acid - DNA profiling is increasingly used for human identification in the legal proceedings of many nations. This technology is very useful such as the identification of criminals, or missing persons, or about an issue of parentage. There are several options of using DNA evidence both in civil and criminal matters particularly in determining genetic relationship or the identification of paternity/maternity or of dead bodies, resolving issues concerning the legitimacy of children, resolving dispute regarding testamentary disposition, and investigation and prosecution of the grave offences like rape, culpable homicide, burglary and so forth. In the other side, DNA samples are a potential source of human genetic information and can reveal sensitive health information. It can violate bodily integrity, privacy disclosing information concerning health, familial relationships and so on and facilitate discrimination against people and have other social consequences. However, the forensic use of DNA data is always subject to particular scrutiny not only because of its potential benefits in a justice delivery system but also due to the risk of possible misuse. While using such information in criminal or civil case investigations is useful, the issues of human rights and privacy need to be balanced with public interest or state security measures. Upon obtaining fully informed consent, taking and storing DNA data is no longer unethical. DNA test has been incorporated in the law of the most of the nations. In Bangladesh, there are two laws regulating the DNA tests but have contradictory provision over consent for DNA test. These two laws are the Deoxyribonucleic Acid (DNA) Act, 2014 and the Nario- Shishu Nirjatan Daman Ain, 2000. The use of scientific genetic-based evidence DNA test and use in investigation processes bring into collaboration the disciplines of science and law. The both law and science has independent standard and imperatives. The combination of these two disciplines is broadly geared toward ensuring justice for various cases, without completing retaining and relinquishing their autonomy. However, DNA technology has given rise to legal and technical challenges in legal proceedings in Bangladesh, with respect to the proof of any crime of dispute. The DNA law categorically provides that a report containing DNA profile may be treated as admissible evidence. Samples could be collected either from the crime scenes particularly from things, suspect has touched or from the body of suspects or victims. But, still there is a vacuum in law as to what would be the standard of admissibility. Indefinite retention of DNA data collected from suspects and other individuals has given rise to questions about privacy rights. In a case of appeal, the UK House of Lords has concluded that the mere retention of fingerprints and DNA samples did not constitute any interference with private life and it was proportionate to what was necessary for detection investigation and prosecution of crime. Bangladesh law has allowed the DNA profiling as scientific evidence of any litigation. The Section 45 of the Evidence Act, provides that when the Court has to form an opinion upon a point of science, or art, or as to identity of hand writing or finger impressions, the opinions upon that point of persons specially skilled in science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. As such, forensic evidence includes DNA evidence, is relevant fact. According to judgement in Beautiful Bibi vs. Md. Sydur Rahman, (67 DLR, 2015), though the DNA Test is accepted worldwide as a reliable scientific method for various purposes including the determination of parentage, courts must be cautious about the probable result of a DNA test exposing a child to a socially deplorable condition as a bastard child. Forensic DNA technology used to analyse DNA profiles is originated from human DNA samples. Therefore, adequate caution must be taken in collecting DNA samples from people in order to ensure their privacy, dignity, and human rights, as it is an established principle that individuals own their own DNA and no one can use it without authorisation. According to International Covenant on Civil and Political Rights (ICCPR), Art 7, " ... no one shall be subjected to medical and scientific experimentation without their free consent." As a ratifying country to ICCPR, Bangladesh has included the above provision in the Deoxyribonucleic Acid (DNA) Act. According to DNA Act, 2014, ( Ss. 4,6,10), without written consent of the concerned person or the order of the competent court, as the case may be, and without the presence of at least two witnesses, DNA samples cannot be collected. As per section 4, the Police Officer will request any victim, suspect or accused or any person involved in the alleged crime for providing a DNA sample and in no circumstances the police can compel the individual so to provide a DNA sample (sec 6 -1). In case the person so requested for a DNA sample fails to give consent within three hours, he/she will be deemed to have refused to give consent and the fact of such refusal shall be written in a prescribed form to be submitted to a competent court praying for an order of collecting DNA sample (sec 7). The court after hearing both the parties and considering the documents before it may order for the collection of DNA sample (sec 8). The Nari-o-Shishu Nirjatan Daman Ain, 2000 (sec. 32 K) made mandatary DNA test as per DNA Act 2014 with or without written consent. This is conflicting with the DNA Act on the qestion of taking consent of the person for such test. The International Convention and the DNA act has due respect of the privilege of privacy but the Nari-o-Shishu Nirjatan Daman Ain, 2000 make the mandatory test with or without consent. On the other hand, under sec 3 (1) Notwithstanding anything contained in any other law for the time being in force, or in any other document having legal status, the provisions of this Act shall prevail. Therefore, DNA Act to override other laws. Again, the sec (2) Notwithstanding anything contained in sub-section (1), nothing of this act shall be deemed to have prejudiced the provision of section 112 of the Evidence Act, 1872. In some jurisdictions, human rights and privacy objections are sometime overlooked by stressing that the collection and use of DNA data are very useful for maintaining law and order. This should be decision from the lawmakers and amend either of the laws, DNA act and Nari o Shishu Nirjaton act to resolve the conflict over DNA test with consent or without consent.
Over the last three decades we have watched with anxiety the use of indiscriminate violence as a means to create terror among the masses or fear to achieve a religious or political aim. It is used in this regard primarily to refer to violence during peace time or in war against non-combatants - mostly civilians and neutral military personnel. The term terrorism is often used with the connotation of something that is "morally wrong". Governments and non-state groups use the term to abuse or denounce opposing groups. In the recent past we have witnessed with anxiety how the whole paradigm has shifted and changed in Afghanistan. The current scenario in that country has not been able to garner sufficient support within the international community. Varied political organisations have been accused of using terrorism to achieve their objectives. These organisations include right-wing and left-wing political organisations, nationalist groups and religious groups. It has also been revealed recently by the Counter Extremism Project that many pro-Islamic State comments that promote violent extremism have remained on social media websites, mainly Facebook. Although legislation declaring terrorism as a crime has been adopted in many states, as yet, there does not appear to be consensus as to whether or not terrorism should be regarded as a war crime. It may be noted here that in November 2004, a report prepared by the UN Secretary General described terrorism as any act "intended to cause death or serious bodily harm to civilians or non-combatants with the purpose of intimidating a population or compelling a government or an international organisation to do or abstain from doing any act". Nevertheless, the international community has been slow to formulate a comprehensive universally agreed, legally binding definition of this crime. The failure to agree appears to originate from difficulties arising from the fact that the term "terrorism" is politically and emotionally charged. The same appears to be true in the context of fundamentalism. Nevertheless, it needs to be understood that criminal acts intended or calculated to provoke a state of terror in the public, or a group of persons for political purposes are unjustifiable, whatever the considerations of political, philosophical, ideological, racial, ethnic, religious etc that may be invoked to justify them. At this point one needs to refer to the different kinds of action that are considered today as being part of the terrorism or fundamentalism paradigm. They include- (a) Political terrorism - this denotes violent criminal behaviour designed primarily to generate fear in the community, or a substantial segment of it, for political purposes; (b) Non-political terrorism-- malevolent action that is not aimed at political purposes but which exhibits "conscious design to create and maintain a high degree of fear for coercive purposes directed to benefit an individual or collective gain rather than the achievement of a political objective"; (c) Quasi-terrorism - this includes activities incidental to the commission of crimes of violence that are similar in form and method to genuine terrorism but which lacks its essential ingredient. It is not the main purpose of the quasi-terrorists to induce terror in the immediate victim as in the case of genuine terrorism, but the quasi-terrorist uses the modalities and techniques of the genuine terrorist and produces similar consequences and reaction. One aspect is however clear with regard to terrorism. Whatever be the behavioural typology of international terrorism today, it is linked generally to the following causes-- social revolution, religious extremism, fundamentalism, sectarianism and extreme right or extreme left beliefs. Another aspect also needs to be accepted. In many cases terrorist attacks take place by a terrorist group to draw international attention to that group. We have seen that happen in the case of Al Qaeda through their attacks on September 11, 2001 on the World Trade Centre and the Pentagon in the United States. Currently, we are witness to other different terrorist groups like the IS drawing attention to themselves through militant violent action against civilians. Analysts have consequently suggested that terrorist organisations do not select terrorism for their political effectiveness. Individual terrorists tend to be motivated more by a desire for social solidarity with other members of their organisation than by political platforms or strategic objectives, which are often murky and undefined. One needs to also refer here to an interesting survey carried out by Paul Gill, John Horgan and Paige Deckert on behalf of the Department of Security of UK. Apparently, 43 per cent of lone wolf terrorism is motivated by religious beliefs. The same report indicates that just less than a third (32 per cent) have pre-existing mental health disorders, while many are found to have these problems upon arrest. At least 37 per cent lived alone at the time of their event planning and/or execution, a further 26 per cent lived with others, and no data were available for the remaining cases. 40 per cent were unemployed at the time of their arrest or terrorist event. Many were chronically unemployed and consistently struggled to hold on to any form of employment for a significant amount of time. 19 per cent experienced being disrespected by others, while 14.3 per cent experienced being the victim of verbal or physical assault. Discussion on militancy requires understanding of the term militant. In this context it needs to be understood that a militant, as a noun, is a person who uses militant methods in pursuit of an objective. In general usage, a militant person or a militant group is confrontational in its approach and displays aggressive behaviour or attitude. It is also sometimes used, according to strategic analysts, as a euphemism for terrorist or armed insurgents. However such religious meaning must not be confused with the word belligerent used to describe extremist religious behaviours found in some who, based on their extreme religious beliefs or ideologies, take up weapons and become involved in warfare, or who commit acts of violence or terrorism in an attempt to advance their extremist religious agendas. Such extremist groups can be of Christian, Muslim, Hindu, Buddhist or Jewish religious affiliation. It needs to be understood in this regard that Protocol 1 of the Geneva Conventions does not legitimise attacks on civilians by militants who fall into these categories. It would however be pertinent to mention here that the UN General Assembly Resolution on terrorism (42/159 of 7 December 1987) which condemns international terrorism and outlines measures to combat the crime, has one proviso: "that nothing in the present resolution could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter of the United Nations, of peoples forcibly deprived of that right, particularly peoples under racist regimes and foreign occupation. The above points came up during a recent discussion on terrorist and militant attacks that have been taking place in the near past in different parts of the world-- New Zealand, Sri Lanka, India, Iraq, Afghanistan and Iran. Participants touched on the above facets associated with terrorism and militancy. There were differences of opinion. However there was general agreement that measures need to be taken to tackle these undesirable situations through careful coordinated policy formulation and suitable legislation. This was underlined through the adage- "Prevention is better than cure". It was stressed that while developing such a policy, public sentiment, acceptance, religious tolerance, societal norms and behaviour towards other members of the community needs to be carefully evaluated to obtain a clearer perspective of the existing situation. In this regard, one needs to understand that there has been a general shift because of digitalisation and the widespread use of social media. This in turn has led to a shorter attention span and less interest in reading long texts. There was also a general consensus that announcements, news, events and communications through the TV, either through a telecast message or a TV scroll, was considered more trustworthy and authentic by the public. The use of broadcast media-- radio, FM and Community radio was considered as the second best alternative for communicating a policy decision on counter-terrorism. There was also general consensus that communicating a policy decision on a sensitive subject as terrorism and measures that need to be taken in this regard could also be taken forward successfully through a more responsible use of the internet and the social media. It was also agreed that communicating a policy decision on such issues could also be facilitated through the use of SMS in mobile phones. There was also reference not only to the need for prison reform and inmate education to prevent radicalisation within the prison but also creating a support structure regarding rehabilitation of those who have been confronted with such a situation. Another significant factor was also agreed upon. It is related to participatory discussion in educational institutions with the youthful population and representatives from different segments of the society, particularly the civil society and cultural and religious cross sections. This approach was particularly proposed not only for urban areas but also for rural outreach in different sub-regions of Bangladesh. Such a participatory approach would not only add to the civic consciousness about the mal-effects of violence, fundamentalism, terrorism and militancy but would also create necessary strength in being able to successfully tackle the osmotic influence of terrorism and militancy.
Introduction: “An eye for an eye, a tooth for a tooth.” Today, this may seem a rule of the barbarians, but this was indeed one of the written laws in Babylon in King Hammurabi’s day. In those days, Babylon had quite an advanced culture. Babylon is the most famous city in ancient Mesopotamia whose ruins lie in modern-day Iraq, 60 miles southwest of Baghdad. The city owes its fame (or notoriety) to the many references the Bible makes to it. Aside from biblical references, the city is known for its impressive walls and buildings, its reputation as a great seat of learning and culture, the formation of Hammurabi’s Code of Law which pre-dates the Mosaic Law, and for the Hanging Gardens of Babylon. Hammurabi was the best known and most illustrious of all Mesopotamian kings. He ruled the Babylonian Empire from 1792-1750 B.C. By the time of Hammurabi’s death, his empire included much of modern-day Iraq, extending up from the Persian Gulf along the Tigris and Euphrates rivers. Despite his remarkable military accomplishments, it is his reputation as a merciful king and an ideal lawgiver that became the principal aspect of his legacy. The code is best known from a stele made of black diorite, more than seven feet tall, that is now in the Louvre Museum in Paris. The stele was found in 1901 at the site of Susa, in modern-day Iran. Originally, Hammurabi would have displayed the stele at the site of Sippar, in modern- day Iraq, in a prominent temple. The Code of Hammurabi is often cited as the oldest written laws on record, but they were predated by at least two other ancient codes of conduct from the Middle East. The oldest was written by Ur-Nammu, a king of Ur, who reigned 2111-2094 B.C., about three centuries before Hammurabi. These older codes probably inspired that of Hammurabi’s. But Hammurabi’s laws became something of a classic in the ancient world, and scholars have found examples of them written on tablets, which were copied as late as the 5th century B.C., more than a millennium after Hammurabi’s death. The code contained a total of 282 laws, arranged in groups, so that citizens could easily read what was required of them. The term “Code” of Hammurabi is a modern one, so named after the 19th-century “Code Napoleon.” The purpose of having a discussion on such an archaic legal code is to give the reader a glimpse of what the ancient civilization of Mesopotamia was like, what kind of society it had and what kind of legal system it followed. It may be of immense interest to those who are fascinated by history. What follows in this essay is a selection of laws from the code, and then a general discussion on them. Selection and headings are the author’s own. Particular attention is then given to two principles established by the code, lex talionis (law of retaliation) and presumption of innocence. While the form of lex talionis has now changed to monetary compensation rather than physical retribution, the principle of presumption of innocence has survived in modern times and is generally considered a cardinal principle of criminal justice system in most countries. Selected laws: Justice 1. If a man brings an accusation against another man, charging him with murder, but cannot prove it, the accuser shall be put to death. 2. If a man has accused another of laying a spell upon him, but has not proved it, the accused shall go to the sacred river, he shall plunge into the sacred river, and if the sacred river shall conquer him, he that accused him shall take possession of his house. If the sacred river shall show his innocence and he is saved, his accuser shall be put to death. 3. If a man bears false witness in a case, or does not establish the testimony that he has given, if that case is case involving life, that man shall be put to death. 4. If a man bears false witness concerning grain or money, he shall himself bear the penalty imposed in the case. 5. If a judge pronounces judgment, renders a decision, delivers a verdict duly signed and sealed, and afterward alters his judgment, they shall call that judge to account for the alteration of the judgment which he has pronounced, and he shall pay twelve-fold the penalty in that judgment; and, in the assembly, they shall expel him from his judgment seat. Property damage 6. If a man has stolen goods from a temple, or house, he shall be put to death; and he that has received the stolen property from him shall be put to death. 14. If a man has stolen a child, he shall be put to death. 17. If anyone finds runaway male or female slaves in the open country and bring them to their masters, the master of the slaves shall pay him two shekels of silver [1 shekel = about 8.33 gram]. 21. If anyone breaks a hole into a house (break in to steal), he shall be put to death before that hole and be buried. 22. If a man practices robbery and is captured, that man shall be put to death. 23. If the robber is not captured, the man who has been robbed shall, in the presence of god, make and itemized statement of his loss, and the city and the governor in whose jurisdiction the robbery was committed shall compensate him for whatever was lost. 24. If it is a life that is lost, the city and governor shall pay one mina of silver to his heirs [1 mina = 60 shekels = about 500 grams]. 25. If fire break out in a house, and someone who comes to put it out cast his eye upon the property of the owner of the house, and take the property of the master of the house, he shall be thrown into that self-same fire. Harvesting and irrigation 42. If anyone takes over a field to till it, and obtains no harvest therefrom, it must be proved that he did no work on the field, and he must deliver grain, just as his neighbor raised, to the owner of the field. 43. If he does not till the field, but lets it lie uncultivated, he shall give grain like his neighbor’s to the owner of the field, and the field which he let lie fallow he must plow and sow and return to its owner. 45. If a man rents his field for tillage for a fixed rental, and receives the rent of his field, but bad weather comes and destroys the harvest, the injury falls upon the tiller of the soil. 53. If a man neglects to maintain his dam and does not strengthen it, and if the dam breaks and all the fields are flooded, the man in whose dam the break occurred shall be sold for money, and the money shall replace the corn which he has caused to be ruined. 54. If he is not able to replace the corn, they shall sell him and his goods and the farmers whose corn the water has ruined shall divide the proceeds from the sale. 59. If any man, without the knowledge of the owner of a garden, fells a tree in a garden he shall pay half a mina in money. 64. If anyone hands over his garden to a gardener to work, the gardener shall pay to its owner twothirds of the produce of the garden, for so long as he has it in possession, and the other third shall he keep. Trade/Contracts/Safe-keeping 102. If a merchant entrusts money to an agent (broker) for some investment, and the broker suffers a loss in the place to which he goes, he shall make good the capital to the merchant. 104. If a merchant gives to an agent grain, wool, oil, or goods of any kind with which to trade, the agent shall write down the value and return the money to the merchant. The agent shall take a sealed receipt for the money which he gives to the merchant. 105. If the agent is careless and does not take a receipt for the money which he has given to the merchant, the money not receipted for shall not be placed to his account. 108. If a tavern-keeper (feminine) does not accept corn according to gross weight in payment of drink, but takes money, and the price of the drink is less than that of the corn, she shall be convicted and thrown into the water. 109. If conspirators meet in the house of a tavernkeeper, and these conspirators are not captured and delivered to the court, the tavern-keeper shall be put to death. 110. If a priestess who is not living in a convent opens a wine shop or enters a wine shop for a drink, they shall burn that woman. 112. If anyone be on a journey and entrusts silver, gold, precious stones, or any movable property to another, and wishes to recover it from him; if the latter does not bring all of the property to the take some of the corn, or if especially he denies that the corn was stored in his house: then the owner of the corn shall claim his corn before God (on oath), and the owner of the house shall pay its owner for all of the corn that he took. 121. If anyone stores corn in another man’s house he shall pay him storage at the rate of one gur for every five ka of corn per year [1 gur = about 300 litres, and 1 ka = about 1 litre]. 122. If anyone gives another silver, gold, or anything else to keep, he shall show everything to some witness, draw up a contract, and then hand it over for safe keeping. 123. If he turns it over for safe keeping without witness or contract, and if he to whom it was given denies it, then he has no legitimate claim. 124. If anyone delivers silver, gold, or anything else to another for safe keeping, before a witness, but he denies it, he shall be brought before a judge, and all that he has denied he shall pay in full. 125. If anyone places his property with another for safe keeping, and there, either through thieves or robbers, his property and the property of the other man be lost, the owner of the house, through whose neglect the loss took place, shall compensate the owner of the property for all that was given to him in charge. But the owner of the house shall try to follow up and recover his property, and take it away from the thief. 126. If anyone who has not lost his goods states that they have been lost, and makes false claims: if he claims his goods and amount of injury before God, even though he has not lost them, he shall be fully compensated for all his loss claimed (i.e., the oath is all that is needed). Family Law 128. If a man takes a woman to wife, but have no intercourse with her, this woman is no wife to him. 129. If the wife of a man is caught lying with another man, they shall bind them and throw them into the water. If the husband of the woman wishes to spare his wife, then the king shall spare his servant. 130. If a man has ravished another’s betrothed wife, who is a virgin, while still living in her father’s house, and has been caught in the act, that man shall be put to death; the woman shall go free. 131. If a man has accused his wife but she has not been caught lying with another man, she shall take an oath in the name of god and return to her house. 137. If a man wishes to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children. When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. She may then marry the man of her heart. 138. If a man wishes to divorce his wife who has not borne him children, he shall give her money to the amount of her marriage price and he shall make good to her the dowry which she brought from her father’s house and then he may divorce her. 141. If the wife of a man who is living in her husband’s house, has persisted in going out, has acted the fool, has wasted her house, has belittled her husband, he shall prosecute her. If her husband has said, “I divorce her,” she shall go her way; he shall give her nothing as her price of divorce. If her husband has said “I will not divorce her” he may take another woman to wife; the wife shall live as a slave in her husband’s house. 142. If a woman quarrels with her husband and say: “You are not congenial to me”, the reasons for her prejudice must be presented. If she is guiltless, and there is no fault on her part, but he leaves and neglects her, then no guilt attaches to this woman, she shall take her dowry and go back to her father’s house. 143. If she has not been discreet, has gone out, ruined her house, belittled her husband, she shall be cast into the river. 145. If a man takes a wife, and she bears him no children, and he intends to take another wife: if he takes this second wife, and brings her into the house, this second wife shall not be allowed equality with his wife. 146. If a man takes a wife and she gives this man a maid-servant as wife and she bears him children, and then this maid assumes equality with the wife: because she has borne him children her master shall not sell her for money, but he may keep her as a slave, reckoning her among the maid-servants. 147. If she have not borne him children, then her mistress may sell her for money. 150. If a man has presented a field, garden, house, or goods to his wife, has granted her a deed of gift, her children, after her husband’s death, shall not dispute her right; the mother shall leave it after her death to that one of her children whom she loves best. She shall not leave it to an outsider. 153. If a man’s wife, for the sake of another, has caused her husband to be killed, that woman shall be impaled. 154. If a man has committed incest with his daughter, that man shall be banished from the city. 157. If anyone be guilty of incest with his mother after his father, both shall be burned. 162. If a man marries a woman, and she bears sons to him; if then this woman dies, then shall her father have no claim on her dowry; this belongs to her sons. 163. If a man marries a woman and she bears him no sons; if then this woman dies, if the purchase price which he had paid into the house of his father-inlaw is repaid to him, her husband shall have no claim upon the dowry of this woman; it belongs to her father’s house. 164. If his father-in-law does not pay back to him the amount of the purchase price he may subtract the amount of the purchase price from the dowry, and then pay the remainder to her father’s house. 168. If a man sets his face to disinherit his son and says to the judges, “I will disinherit my son,” the judges shall inquire into his record, and if the son has not committed a crime sufficiently grave to cut him off from sonship, the father may not cut off his son from sonship. 169. If the son be guilty of a grave fault, which should rightfully deprive him of the filial relationship, the father shall forgive him the first time; but if he be guilty of a grave fault a second time the father may deprive his son of all filial relation. 170. If a man’s wife bears him children and his maidservant bears him children, and the father during his lifetime says to the children which the maidservant bore him, “My children,” and reckons them with the children of his wife, after the father dies the children of the wife and the children of the maidservant shall divide the goods of the father’s estates equally. The son of the wife shall have the right of choice to the division. Personal Injury 195. If a son strikes his father, his hand shall be hewn off. 196. If a man destroys the eye of another man, his eyes shall be destroyed. 197. If he breaks another man’s bone, they shall break his bone. 198. If he destroys the eye of a commoner or breaks the bone of a commoner, he shall pay one mina of silver. 199. If he destroys the eye of a man’s slave or beaks a bone of a man’s slave, he shall pay one-half his price. 200. If a man knocks out a tooth of a man of his own rank, they shall knock out his tooth. 201. If he knocks out a tooth of a commoner, he shall pay one-third mina of silver. 204. If a freeman strikes the body of another freeman, he shall pay ten shekels in money. 205. If the slave of a commoner strikes the body of a commoner, his ear shall be cut off. 209. If a man has struck a free woman with child, and has caused her to miscarry, he shall pay ten shekels for her miscarriage. 210. If that woman dies, his daughter shall be killed. 211. If by a blow he has caused a commoner’s daughter to have a miscarriage, he shall pay five shekels of silver. 212. If that woman has died, he shall pay one-half mina of silver. 213. If he struck a freeman’s female slave and has caused her to have a miscarriage, he shall pay two shekels of silver. 214. If that female slave has died, he shall pay one-third mina of silver. Physicians and Malpractice: 215. If a physician operates on a man for a sever wound with a bronze lancet and saves the man’s life, or if he opens an abscess in the eye of a man with a bronze lancet and saves that man’s eye, he shall receive ten shekels of silver. 216. If he is a freeman, he shall receive five shekels. 217. If he is a slave, the owner shall pay two shekels. 218. If a physician operates on a man for a sever wound with a bronze lancet and causes the man’s death, or destroys the man’s eye, they shall cut off his hand. 219. If a physician operates on a slave for a severe wound and causes his death, he shall restore a slave of equal value. Building Code 229. If a builder builds a house for a man and does not make its construction sound, and the house which he has built collapses and causes the death of the owner of the house, the builder shall be put to death. 230. If it causes the death of a son of the owner of the house, they shall put to death a son of that builder. 233. If a builder builds a house for a man and does not make its construction sound, and a wall cracks, that builder shall strengthen that wall at his own expense. Property and Wage Regulations 244. If a man has hired an ox, or an ass, and a lion has killed it in the open field, the loss falls on the owner. 245. If a man has hired an ox and has caused its death, by carelessness, or blows, he shall restore ox for ox, to the owner of the ox. 249. If a man has hired an ox, and god has struck it, and it has died, the man that hired the ox shall make affidavit and go free. 250. If a bull has gone wild and wounded a man, and caused his death, there can be no suit against the owner. 257. If a man hires a field laborer, he shall pay him eight gur of grain per year. 258. If a man hires a herdsman, he shall pay him six gur of grain per year. 268. If a man hires on ox to thresh, twenty sila of grain is his daily hire [1 sila = about 1 litre]. 282. If a slave has said to his master, “You are not my master,” he shall be brought to account as his slave, and his master shall cut off his ear. Overview of the Code: From the above it can be seen that Hammurabi’s Code provides laws for a wide range of subjects, including homicide, assault, justice, marriage and divorce, property damage, contracts of storage, agricultural practices, and so on. The code governed the people living in his empire. Some of the laws were quite brutal, while others are rather progressive. From the code it is evident that the Babylonians did not believe that all people were equal. The code treated slaves, commoners (free men), and nobles differently. For example, “if a freeman strikes the body of another freeman, he shall pay ten shekels in money” (Law 204); “if the slave of a freeman strikes the body of a freeman, his ear shall be cut off” (Law 205). Equal punishment existed only when the two sides were of equal rank. On the other hand, the penalty for injuring a woman or a slave would be less. One law said, “if a man strikes a free-born woman so that she loses her unborn child, he shall pay ten shekels for her loss.” (Law 209). Each law consists of a potential case followed by a prescribed verdict. The verdicts could be very harsh, and by today’s standard, unreasonable. Death penalty is listed as punishment no fewer than 30 times. It was the punishment given even for the theft of temple or palace property. (Law 6). Hammurabi’s Code included what we today call both criminal and civil law. Criminal law consists of rules that define conduct. One law said, “if a son strikes his father, his hands shall be hewn off” (Law 195). Civil law settles disputes among individuals. One law states, “if a merchant entrusts money to an agent (broker) for some investment, and the broker suffers a loss in the place to which he goes, he shall make good the capital to the merchant” (Law 102). Hammurabi’s Code was surprisingly ahead of its time when it stipulated an ancient form of minimum wage. Several edicts in the code mentions specific occupations and lay down how much the workers’ wages would be. Doctors were entitled to five shekels of silver for healing a freeman from serious injury (Law 216), but two shekels for healing a slave (Law 217). Field labourers were guaranteed a wage of “eight gur of grain per year,” (Law 257) herdsmen six gurs per year (Law 258), and ox drivers twenty sila per day (Law 268). It is noticeable that there was punishment for medical negligence: “if a physician operates on a man for a sever wound with a bronze lancet and causes the man’s death, or destroys the man’s eye, they shall cut off his hand” (Law 218). Similarly, there was severe punishment for builder’s negligence: “if a man builds a house badly, and it falls and kills the owner, the builder is to be killed” (Law 229); “if the owner’s son was killed, then the builder’s son is to be killed” (Law 230). A number of the laws refer to jumping in the Euphrates River as a method of demonstrating one’s guilt or innocence. If the accused returned to shore safely, they were deemed innocent; if they drowned, they were guilty. This practice follows the Babylonians’ belief that their fates were controlled by their gods. This perhaps implies that the ancient Babylonians did not know how to swim. It was not a complete code of law, however. The code does not cover every dispute that could have arisen and contains inconsistencies. Some have seen the code as an early form of constitutional government, and as an early form of the presumption of innocence, and the ability to present evidence in one’s case. Intent was often recognized and affected punishment, with neglect severely punished. Some consider that the laws of the code sought to protect the weak and the poor against injustice at the hands of the rich and powerful, and it was a remarkably just and humane set of laws for the time in which these laws were set forth. Lex talionis, or the ‘law of retaliation’: It is the law that criminals should receive as punishment precisely those injuries and damages they had inflicted upon their victims. The principle developed in early Babylonian law and present in both biblical and early Roman law. Hammurabi’s Code is one of the most famous examples of the ancient precept of “lex talionis,” or law of retaliation, a form of retaliatory justice commonly associated with the saying “an eye for an eye.” Following are the written laws in this regard: Law 196: If a man destroys the eye of another man, they shall destroy his eye. Law 197: If he breaks another man’s bone, they shall break his bone. Law 200: If a man knocks out a tooth of a man of his own rank, they shall knock out his tooth. Hammurabi’s Code is almost entirely based on the principle of equal retribution. Unlike direct retribution, however, the law is administered by the state. This prevents mutual and reciprocal revenge from tearing the fabric of society. Many early societies applied this “eye-for-an-eye” principle literally. In ancient Palestine, injury and bodily mutilation, as well as theft, were considered private wrongs. As such, the matter was settled not by the state but between the person who inflicted the injury and the one injured, an attitude that also prevailed in early Rome. The Code of Hammurabi reminds us of the harsh Jewish law of retaliation. Exodus 21:23-25 says directly: “But if there is serious injury, you are to take life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise. (cf. Leviticus 24:17-22 and Deuteronomy 19:21).” It is likely that this principle was adopted by the Jews from their captor, i.e. the Babylonians, and was one of many influences of the Babylonians upon Jewish culture. The law of retaliation is carried over to Islam: “And We ordained therein for them: Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth and wounds equal for equal. But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allah has revealed, such are the Zalimun (polytheists and wrongdoers).” (Verse 5:45). However, Christianity and Islam encourage individuals to forgive those who wrong them, rather than seek retribution for a wrong. Other belief systems support similar concepts. Daoist wu wei encourages a wronged individual to simply accept the infringement and to take the least resistive action to correct it. Buddhism stresses the weight of karma: one can take retributive action, but that it is not without its consequences, and the suffering incurred by a revengeful action will return to the individual who was wronged (as well as the one who did the wrong-doing). The vengeance-based forms of Lex Talionis are no longer in use in modern societies. Mahatma Gandhi’s remark in this regard is worth quoting: “An eye for an eye would make the whole world blind.” Presumption of innocence: Hammurabi’s Code provides for a specific judicial procedure for settlement of disputes. For example, when two parties had a dispute, the law allowed them to bring their case before a judge and provide evidence and witnesses in support of their claims. The code is among the earliest legal documents to put forward a doctrine of “innocent until proven guilty.” The code places the burden of proof on the accuser in an extremely harsh manner when it says, “If a man brings an accusation against another man, charging him with murder, but cannot prove it, the accuser shall be put to death.” Thus there was death penalty for frivolous accusations. The burden of proof is entirely on the accuser, and until he discharges this burden the accused is presumed to be innocent. Judges were also held to a certain standard. Hammurabi ruled a vast empire and would not have been able to rule on every case himself. In the king’s absence, a committee of men from the communities involved could act as a judge in Hammurabi’s place. The penalties for a judge trying to change a sealed verdict was severe: he shall pay 12 times the amount of the loss which had occasioned the trial (Law 5). The presumption of innocence has been described as a “golden thread” running through criminal law. It is a norm of customary international law and is protected by numerous international treaties and in national legal systems. Article 11 of Universal Declaration of Human Rights states that, “everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to law in a public trial at which he has had all guarantees necessary for his defence.” Article 14(2) of International Covenant on Civil and Political Rights (“ICCPR”) lays down: “everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.” Bangladesh is obligated to uphold this Article of ICCPR because we endorsed the treaty in 2000. Article 35 of our Constitution provides that every accused of a criminal offence has the right to a speedy and public trial by an independent and impartial Court or tribunal established by law. Also, no person accused of any offence can be compelled to be a witness against himself. Section 101 of the Evidence Act 1872 requires the complainant, who brings criminal allegation against an individual, to prove the existence of facts concerning his allegations. Despite this, in practice, violations of this important legal principle are common. Public appetite for sensation and real-time stories places immense pressure on public authorities and the media to disrupt the presumption of innocence. Media reporting on crime cases regularly infringes the principle of presumption of innocence. Suspects are commonly portrayed as though they were guilty, and reporting is often lop-sided against the suspect. This problem has become difficult to address, due to the important principle of media freedom, the growing range of media outlets as well as social media. Conclusion: Hammurabi was worshipped as a god by his subjects and was highly revered throughout his kingdom. The most important, positive aspect of the Babylonians was certainly Hammurabi’s Code of Law. As an immutable, fairly indestructible written code, it not only influenced other cultures (such as the Syro-Roman culture) later in history, but it also gave us a firsthand account of what life was like in a culture that was lost so many centuries ago. Hammurabi’s empire went into decline after his death in 1750 B.C. before unraveling entirely in 1595 B.C., when a Hittite army sacked Babylon and claimed its riches. Nevertheless, Hammurabi’s Code proved so influential that it endured as a legal guide in the region for several centuries. Fragments of the laws have been found on clay tablets dating to as late as the 5th century B.C. – more than 1,000 years after Hammurabi’s reign. For modern societies, the code’s lasting legacy is undoubtedly the principle of presumption of innocence.
With the passage of time, there are many insures in the market to cater to the demand of the time. Regrettably enough, we don’t have required coverage and diversification in the sector. To top it all, one American company is doing very well while our local companies are falling behind. Albeit in face of so many players in the market and unemployment, many bona fide persons are taking jobs in this sector. In our society, the profession in the sector is not a respected one; as many insurers employ Non- qualified persons. The appointment is not monitored by the IDRA centrally like the Bangladesh Bank. Bangladesh Bank overviews all activities of the Banks to ensure the duties so entrusted on them. But, IDRA is not as powerful as BB. In some cases, the officers are associated with mal practice which they do to bring business. The major problems of this sector are: over commissioning, to do business on credit, unhealthy competitions among the companies, Non-diversified market, low rate of claim settlement, fakes appointment etc. But the most dire-some problem of the sector is over commissioning. IDRA has fixed the maximum ceiling of commission at 15%. Regrettably, many companies are doing business by giving more than the stipulated rate as fixed by IDRA. Insurance market in Bangladesh remains extremely competitive due to existence and operation of many companies, un-commensurate with the size of the market. Here, the company is the gainer. Despite that the Insurance Act 2010 has provided provisions for punishments of the offenders concerned. Section 134 deals with the matter. Section 134 of the Insurance Act 2010 reads as under: 134: Personal fine for failure to comply with the rule of the law or any infringement.-Unless there is otherwise provided in this act, any director of an insurer, share-holder, chief executive officer, manager or other officers or brokers or partners, insurance surveyors or its other officers or agents or employers of insurance agents who fail to comply with the rule of this act, or makes default and knowingly be part of such default shall be punishable with fine for maximum 1 (one) lac taka and lowest 50 (fifty) thousand Taka and not minimum 5(five) thousand Taka for continuance of such breach . If we look at the section meticulously, we will find that in this section all officers have placed in general. With this section, any Insurance processual may be tried as its jurisdiction is very wide. The gravity of offence of the CEO and a manager cannot be the same. So, to hold them in one bracket is not justified. That is a reason for why many critics find that the section is disproportionate which needs to be corrected. Additionally, the section does not stats about the procedure i.e. providing of show Cause Notices and the chance of being heard. Thus, the section curtails the right of protection of law and to be dealt in accordance with law. Therefore, we opine that section 134 is very harsh for the Chief Executive Officers, Managers. Since, they are to do some irregularities to bring business. There is nothing personal. If a manager cannot offer the over commission, his client will flee away to another company. Good or bad, when a manager does something, he does it with prior consent of the management. It is true that if a manger is punished by the IDRA, it gives a signal to all officers concerned. But our point is that if the officer is to be punished for any offence, the company concerned should also be punished concurrently. From our bitter experience, we can say that many officers are committing offence at the behest of the management. IDRA has not come up with any Rules (for the managerial officers) to save their career. The disadvantage of this section is that the section 142 of the ACT states no provision to file an appeal of punishment of such an aggrieved officer. This is bizarre. Conducting insurance business in the true spirit of professionalism, bringing in modern management and sales techniques and new product developments are keys to the future growth and progress of the industry. Frankly speaking, we know that our Insurance Industry is infested with irregularities. These irregularities must be eradicated to change the scenario of the sector. If necessary, the said provisions of the said section must be amended.
Death is inevitable. After death, a person’s property gets divided into many portions under the personal law or law of the inheritance. In Bangladesh it is governed by the Shariah law. Usually these properties are divided and distributed based on the value of the property, possession of the property, or previous promise or wish of the deceased person. As usual, this may result into chaos and can lead to greater enmity even after one or two generations. So, it is wise to form a special and separate document which confirms the consent of everyone on the distribution followed by legal procedure to avoid further complications in near future. This special document is known as ‘Deed of Partition’. Partition can be either voluntary or compulsory according to circumstances and the needs of the family. The division of property can involve both immoveable property such as apartment / flats, buildings, plots etc. as well as personal movable assets such as jewellery, shares, debentures etc. How can a property be partitioned between co-owners? Each divided property gets a new title and each sharer gives up his mutual consent in property in favour of other sharers. Therefore, partition is a combination of surrender and transfer of certain rights in the estate except these which are easement in nature. The transferee can then further deal with the property in any way he wants. He can sell, transfer, exchange or gift the property as its absolute owner. When a partition is by mutual consent, a partition deed is executed by the co-owners. The partition deed needs to be registered at the office of the sub registrar of the place where the property is situated as in case of any other registration as governed by Section 17 of the Registration Act,1908 in relation to an immoveable property. A decree given by a Court in terms of a Compromise / Settlement wherein shares of the parties are allocated by metes and bounds also needs to be registered. Next, one of the key documents the heirs have to collect is the Warishan Certificate or Legal Heir Certificate . This certificate is essential in order to determine the number of legal heirs and the proportion of share of property to be received by each legal heir. Such a certificate plays an essential role during property division/ partition; mutation of property ; declaratory suits; collecting pensions etc. Another key document needed to establish the authenticity of the heirs and give them the authority to inherit debts, securities and other assets that the deceased may have left behind is the Succession Certificate. Such a certificate is to be obtained from the Court of Joint District as per the Succession Act,1925. It is now possible to file for the succession certificate in the virtual court. In case of partition deed, the registration fee is Tk500 if the market price of the property is within Tk 300,000. If the value of the property is between Tk300,000-1,000,000, the fee will be Tk700. If the value is between Tk1,000,000-3,000,000, the fee is Tk1,200 and if the value is between Tk3,000,000- 5,000,000, the fee will be Tk1,800. However, in this case the highest amount of fee is Tk2,000 when the market price of the property exceeds Tk5,000,000. More than one person may jointly own a property. All such persons will have equal or certain percentage of the rights to possess and use the property. One important element of co-ownership is undivided share. Though all the owners own equal or a part of the whole property, their respective shares are not physically ascertainable with definitive boundaries. The shares of co-owners of a property need not necessarily be equal. It depends on their investment in the property as detailed in the purchase document. A coowner’s share in a property is inevitable and transferable. The share of investment of each co-owner in the property and the undivided share in right, interest, and title of the property should be clearly and explicitly identified. This helps avoid problems in transfer, alienation, inheritance and taxation. A partition suit is required to be filed in the appropriate court of law. A partition deed should be executed in a stamp paper and drafted in a clear and unambiguous manner. The share of each person shall be clearly and explicitly specified. A partition deed creates new owners of a property and needs to be registered at the office of the sub-registrar to give it a legal and binding effect. The deed should in particular mention the date from which the partition is effective. The names of the parties and their respective sharers should be specifically mentioned. Moreover, two witnesses are required to sign the deed. An unregistered partition deed is invalid and will render the division of immovable property as null and void. They can also get the mutation done of their respective shares in the records of MCD on the basis of the registered Partition Deed. If any disagreement arises with co-owners about the proper way to use, divide, or sell a parcel, it is probably better to work these out between themselves instead of wasting time and money in court. A mediator—a third-party neutral who helps the two to negotiate—might be able to reach a more sensible compromise than a judge could, and at a far lower cost than protracted litigation. Mediation is a particularly valuable tool if any wants to remain on good terms with a co-owner, for example if he or she is a family member. The right to partition is an "absolute right," which can be restricted only by law, written waiver, or a provision in a will. The right can be used at any time, even if it's not referenced in a contract. Partition is a remedy that's usually favoured by courts, for the sake of maintaining peace between the parties.
Nuclear! Well, the first word that rings a bell related to the term nuclear is war! a lot of energy!! and a lot of power!!!
Much has been written about domestic violence against women in Bangladesh in this newspaper various times.
The Family Court Ordinance-1985 is a special law with many lacunas. The then government passed this law by an ordinance to minimize..
