LAW 803: Principles of Civil Litigation
Introduction: Nature of Civil Procedure, System of Trial and Procedure in Bangladesh, Minimum requirements for Procedural Rules, Definition of Litigation, Distinction between Civil & Criminal Litigation and Procedure, Effect of difference between Civil and Criminal Procedure.
Nature of Civil Litigation: Legal aspects, Non-justifiable disputes or questions, character of litigable disputes, Summary disposal non-litigable disputes, Preventive justice, Special and economic aspects, Social pressures against litigation, Social interest in litigation.
Civil Courts in Bangladesh: Existing structure & jurisdiction, Problems & shortcomings, Suggestions for amendment.
Pre-trial procedure in civil suits: Commencement of proceedings, Parties, Cause of action, Claim and counter claim, Inter-pleader, Discovery and interrogatories, Commissions, Local inquiry and investigation, Interlocutory matters, Framing of issues, Adjournments, Preparation of a case, Control by the court over proceedings, presentation of the case, sufficiency & efficiency of existing laws; suggestion for amendment.
Post Trial Stage: Appeals and execution, Procedure for appeal review, Remand and revision, Organisation and jurisdiction, Enforcement of Judgements, Limits of jurisdiction for executing court, Restitution, Simplification of the procedure, Legal aid.
Costs & delay: Causes, effects, possible way-out.
Suits in Particular Cases: Special procedures.
Suits by or against Government Officials: Aliens, Foreign rulers and envoys, Minors, Persons of unsound mind, Representative suits and Pauper suits.
Remedies in Civil Litigation: Declaration, Recovery of money, Recovery of possession, Rectification, Cancellation of documents, Specific performance, Injunctions, Arrest, Detention and imprisonment, Attachment and sale.
Alternative Dispute Resolution: Meaning, Forms, Historical development, Advantages, Disadvantages and strategies, Existing laws & principles, Problems & prospects.
Civil Litigation before Tribunals: Nature and jurisdiction of statutory tribunals, Procedure before tribunals, Advantages, disadvantages and limitations of tribunal trial, Structure & jurisdiction of existing tribunals of Bangladesh.
Role of Judges and Lawyers in the Process of Adjudication: Legal profession, legal education, Public participation in the process of administration of civil justice.
