Section outline

  • Welcome to Law of Civil Procedure (Part-II) :Message from CourseTeacher

    Collapse all Expand all

       


    Mohammad Abu Sufian
    LL.B. (Hons.) & Double LL.M. (London)
    Certificate of Higher Education in Law (London)
    Sr. Lecturer, Department of Law
    Assistant Proctor
    Daffodil International University
    PhD Scholar, Techno India University, West Bengal, India
    Advocate, Supreme Court of Bangladesh
    Cell: 01716362630
    E-mail: sufian.law@diu.edu.bd
                                                       

    Instructions/Guideline for the course:

    ·         All the students registered for this course have to enrol in BLC.
    ·         Please remember your user name and password in BLC.
    ·         Students can find all the course materials in BLC.
    ·         All the students have to submit the soft copy of their "Assignment" in BLC under the assignment section created here and for this, they will be graded here.
    ·         One discussion or feedback forum is created under each lecture Students have to give their feedback on these forums and marks may be given for their feedback.
    ·         Any announcement regarding the class will be posted on BLC. So, they have to keep themselves always active on BLC.
    ·         All the quizzes and presentation will be held on face to face class and may be few of the class will be held on online (BLC) and it will be announced before the class
    ·         The question pattern and the syllabus for the quizzes, midterm and final exam are given here under each of the sections (quizzes, midterm and final)
    ·         There are midterm and final examination preparation forum under these sections where students can discuss with each other about their midterm and final exam syllabus, any problem regarding the exam etc.


    Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil suits (as opposed to procedures in criminal law matters). These rules govern how a suit  may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of suits, motions or applications, and orders allowed in civil suits; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts must function.


  • Introduction of Law of Civil Procedure (Part-II)

    CPC - Civil Procedure Code 1.2 Apk Download - com.venomoux.CPC APK ...

    Course Objectives

    Rights are the creation of statutes and common law. But the rights are meaningless unless there is means of enforcing such rights. There lies the importance of procedural laws which facilitate enforcement of rights of individuals. In respect the importance of the Code of Civil Procedure cannot be over-emphasized. The present code is re-enactment made in 1908 and had been subjected to minor amendments at different times. The main objectives of the course are to make the students understand with Concept of Civil suits and its nature; Organization of Civil Courts in Bangladesh and its Jurisdiction; Institution of Suits and proceeding; Judgment, Decree and appeal etc.  Students will be able to learn about the procedure of civil suits. They will demonstrate effectively legal knowledge. The course helps working in practical legal platforms. 

    Course Outcomes  

    Upon successful completion of this course, students will be able to;

    • Draft written legal documents, including: Complaints, answers, legal forms and other legal documents.
    • Conduct legal research using online research methods such as the Internet, as well as using legal books.
    • Perform effective legal analysis and communicate legal analysis effectively through oral communication and written documents.
    • Communicate effectively with attorneys, clients, court staff, and other persons through oral communication and written documents
    • Students will be able to give legal solution in different civil problems i.e. ownership, possession etc
    • Students will understand the value and use of non-adversary alternative dispute resolution procedures and their integration with and use in resolving disputes concerning procedural rules, discovery, etc.

    Course contents;

    • Alternative Dispute Resolution
    • Trial of Family Courts Suits
    • Interlocutory Matters
    • Inter pleader Suit
    • Withdrawal and Adjustments of Suits,
    • Representative Suit,
    • Appointment of Receiver,
    • Commission,
    • Foreign Judgment,
    • Death Insolvency of Parties, Suit by popper
    • Execution of Decree,
    • Appeal, Revision



    • resource icon
      Assessment File
    • resource icon
      Lesson Plan File

    • Reference Book

      Trial of Civil Suits And Criminal Cases,Justice Mohammad Hamidul Haque,3rd Edition. Universal Book House.

      Young Bengal - 99 fotos - 4 avaliações - Negócio local - 2/A, K.B ...

    • resource icon
      C.P.C BOOK PDF File
      Students must
      Mark as done
    • url icon
      The Code of Civil Procedure By Ray Sukumar(E-Book) URL
    • Students must
      Mark as done
                                     
       Video Lecture overall C.P.C Part II                                                                                                                                                                        p>

    • url icon
      Faculty Information URL
    • forum icon
      Primary Discussion forun Forum

    • Counseling Hours : Monday from 9.00am to 11.00am and Wednesday from 3.00pm to 4.00pm.

      Please knock me in social media if needed we will discuss in google meet,

      30 Most Affordable Online Master's in Educational Counseling Degrees

    • assign icon
      Home work on Court Visit Assignment
      Students must
      Mark as done

      Please upload your experience.

    • url icon
      Students appointment for counseling URL
      Students must
      Mark as done
      http://


    • url icon
      LIVE CLASS ,A URL
      Students must
      Mark as done
    • url icon
      LIVE CLASS DSC URL
      Students must
      View
    • url icon
      LIVE CLASS RECORDING,A URL
      Students must
      View
    • url icon
      LIVE CLASS RECORDING DSC URL
      Students must
      View
    • url icon
      LIVE CLASS RECORDING DSC URL
      Students must
      View
    • url icon
      LIVE CLASS RECORDING A URL
      Students must
      View
    • url icon
      LIVE CLASS RECORDING DSC URL
      Students must
      View
    • url icon
      LIVE CLASS RECORDING A URL
      Students must
      View

  • Lecture 1 & 2 (Alternative Dispute Resolution)

    Lecture objectives

    To enable the students the following issues;

    Alternative Dispute Resolution - Owllegal

    Lecture outcomes;

    At the end of this lecture students will able

    • To understand, dispute resolution methods other than litigation
    • To be aware of a variety of methods for the resolution of disputes between the parties
    • To know the relevant statute

    Table of contents


  • Lecture 3 & 4 ( The Family Courts)

    Lecture objects;

    • The Family Courts’ main purpose is to assist the smooth and effective disposal of suits relating to family matters.
    • To serve quick, effective and amicable disposal of some of the family matters.
    • Providing a procedure for camera trail.
    Child Custody Mediation: A Powerful Alternative to Litigation

    Lecture Outcomes

    At the end of this lecture Students will be able

    • To understand the Family Courts, jurisdiction, and its trial procedure
    • To understand the Statute
    • To apply the Statute in the practical field.

    Lecture Contents

    • Establishment of Family Court
    • Objectives and purposes of Family Courts
    • Subject Matters and Jurisdictions
    • Trial Procedure of the Court


  • Topic 4

    • quiz icon
      Quiz one
      Students must
      View
      Dear Students The syllabus of our first quiz is 'ADR'. There will be 1 question, carrying 15 marks. You have to give relevant legal provisions, contemporary examples, and case references while answering the question.

  • ,Lecture 5 & 6 (Interlocutory Applications and Orders)

    Lecture Objects

    The aim of this lecture is to discuss the following issues

    • To meet the ends of justice 
    • to render timely justice to the parties
    • The mechanism of filing Interlocutory applications is to an extent indispensable in civil proceedings.
    interlocutory application India

    Lecture outcomes

    At the end of this lecture students will able

    • To know the Interlocutory matters in details
    • To apply those matters in practical field

    Lecture contents

    • Introduction

    • Interlocutory applications for Amendment in pleadings

    • Interlocutory Application at the stage where a case is posted for judgment

    • Application of 'Res judicata' in interlocutory applications

    • Interlocutory orders

    • Interlocutory applications – an inbuilt mechanism to cause the delay?


  • Lecture 7& 8 Injunction

    Object of this Lesson

    The primary purpose of this lesson  is the prevention of Property in dispute till legal rights and conflicting claims of the parties before the court are adjudicated. The court in the exercise of sound judicial discreation can grant or refuse to grant Injunction.
    Injunction - Definition, Examples, Processes

    Learning outcomes

    The students will have clear ideas on injunction and its practical application.

    Contents of this lesson

    • Injunction 
    • Legal provisions
    • Kinds of Injunction 
    • Refusal of Injunction
    • Enforcement
    • Case laws

  • Lecture 9 & 10 Execution of decree

    Objects

    Execution is the enforcement of a decree by a judicial process which enables the decree-holder to realize the fruits of the decree and judgment passed by the competent Court in his favour. The execution is complete when the decree-holder gets money or other thing awarded to him by the judgment, decree or order of the Court.

    Order XXI of the CPC is the lengthiest order provides detailed provisions for making an application for execution and the manner that,how they are to be entertained, dealt with and decided.

    Civil Procedure Code - Modes of Execution of Decree - YouTube

    Outcomes

    At the end of this lesson Students will gain the practical knowledge and to apply the following issues.

    Execution is the enforcement of a decree by a judicial process which enables the decree holder to realize the fruits of the decree passed by the competent Court in his favour. All proceedings in execution commence with the filing of an application for execution. Such application should be made to the Court who passed the decree or where the decree has been transferred to another Court, to that Court. Once an application for Execution of decree is received by the Court, it will examine whether the application complies with the requirements of Rules (11 to 14). If they complied with, the Court must admit and register the application.

    Contents

    • INTRODUCTION

    • EXECUTION IN GENERAL

    • PRINCIPLES WITH REGARD TO EXECUTION OF DECREE AND ORDER

    • PROCEDURE IN EXECUTION

    • PROCESS FOR EXECUTION

    • MODES OF EXECUTION

    • CONCLUSION

    • url icon
      Lesson note doc file URL
      Students must
      Mark as done
    • Students must
      Mark as done
                                          Live class on 14/06/2020
       


    • Students must
      Mark as done
      <p>

    • resource icon
      Reading materials pdf File
      Students must
      Mark as done
    • url icon
      Lecture note DOC SLIDE URL
      Students must
      Mark as done
    • url icon
      Reading materials Q/A. DOC FILE URL
      Students must
      Mark as done
    • url icon
      PART II EXECUTION,STATUTE URL
      Students must
      Mark as done
    • Students must
      Mark as done

      Mentimeter Result

    • url icon
      The Civil Courts Act, 1887 URL
      Students must
      Mark as done
    • url icon
      The Suits Valuation Act, 1887 URL
      Students must
      Mark as done
    • Students must
      Mark as done
                                                                                 Live class on 16/6/2020p>

    • forum icon
      Execution of decree( Forum discussion)
      Students must
      Mark as done

      What have you learned from this lesson?

    • hvp icon
      Execution of decree Interactive Content
      Students must
      View

      Please test your knowledge

  • Assignment

    • assign icon
      Assignment
      Students must
      Mark as done

      Please submit here.

  • Lesson 13 & 14 Suits in Particular Cases

    Objectives.

    The outcomes of this lesson is to teach the students, suits in particular cases like The Goverment,Aliens and other Foreign Rulers,Ambassadors and Envoy.

    Suits by and against semi government &amp; autonomous bodies

    Outcomes

    At the end of this Lecture Students will have clear knowledge on suits in particular cases like The Goverment,Aliens and other Foreign Rulers,Ambassadors and Envoy.

    Contents

    • Suits by or against the Goverment of Public Officers in their Officials Capacity ( section 79 to 82)
    • Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoy  (section 83 to 87)
    • Interpleader  section 88


  • Presentation

  • Lecture 16.17 & 18 Judgement and Decree

    Object of this Lesson

    The aim of this lesson is to analyse the meaning and procedure of judgment and decree under the Code of Civil Procedure, 1908

    Difference Between Judgement and DecreeDifference Between Judgement and Decree (with Comparison Chart ...

    Course Outcomes

    At the end of this lesson student you able to know the Judgement and Decree and foreign judgent. 

    Conents of this Lesson

    • Meaning and Procedure of Judgment and Decree under CPC, 1908

    • Introduction

    • Manner in which Judgment is pronounced

    • Judgment and Decree
    • Separate Judgments for Separate Issues
    • Procedure of Passing a Decree
    • Manner in which Decree is pronounced
    • Comprehending the Concept of Foreign Judgment under the CPC, 1908
    • Meaning of a Foreign Judgment
    • Conclusiveness of Foreign Judgments in Bangladesh
    • Pronouncement of Judgment by an Incompetent Court
    • Execution of a Foreign Judgment


  • SUITS BY pAUPERS

  • Lecture 19 , 20,21 and 22 Appeal, Review and Revision

    Objects of this Lesson

    There is a very famous saying, as ‘a man is to err’. As the whole judicial system depends on the human being, it is not immune to errors or mistakes. These errors can only be checked by way of giving the right of appeals to the parties to the suit. This points out the indispensability of ‘appeal’ and vitality of its proper functioning for a judicial system to survive.The object of this lesson is 

    • to  provide a comprehensive analysis of appeal from original decree and order under the Civil Procedure Code, 1908.
    • to explain this meaning and procedure of review under CPC.
    • to analyse the meaning, object and procedure of exercising the powers of revision by the High Courts under the CPC.
    Code of civil procedure 1908 reference, review, revisionCode of civil procedure 1908 reference, review, revision

    Outcome of this Lesson

    At the end of this Lecture Student will understand Appeal,Review and Revision and their practical application.

    Lesson Contents

    • First Appeal under CPC
    • No Appeal from Preliminary Decree
    • Abatement of Appeal
    • Appeal by Indigent Persons
    • Powers of Appellate Court
    • Remand by Appellate Court
    • Second Appeal
    • Appeal from Orders
    • Review under Section 114
    • Application for review
    • Process of Review
    • Rejection of Review Petition
    • Nature and Scope of Section 115
    • Object of Revisionary Jurisdiction
    • Conditions for Exercising Revisionary Powers

  • Code-of-civil-procedure

    • resource icon
      Code-of-civil-procedure File
      Students must
      Mark as done

      PLEASE READ AND TRY TO SOLVE THE QUESTIONS