The document summarizes a court proceeding involving a land dispute case between Eliyas and Raja Chowdhury. Key events included:
1) The judge heard arguments for and against amending the plaintiff's plaint and granted the amendment.
2) The judge also heard arguments for and against a temporary injunction and granted the injunction, directing the defendant not to transfer the land until the case is resolved.
3) Witnesses for both the plaintiff and defendant were called and examined.
4) The case involved the framing of issues, opening statements by advocates, examination and cross-examination of multiple witnesses on both sides, and recording of evidence.
Overview of civil litigation for the litigation neophyte or the non litigatorAdam Leitman Bailey, P.C.
This document provides an overview of the civil litigation process in 5 stages: pleadings, discovery, motions, trial, and appeal.
It begins with a brief outline of the typical pleadings filed, including complaints, answers, counterclaims, and replies. Discovery procedures like interrogatories, depositions, and demands for documents are then explained. Common pre-trial motions such as motions to dismiss and for summary judgment are also summarized.
Trial procedures for both Supreme Court and Landlord-Tenant Court are outlined, noting differences such as jury availability. Steps of a typical jury trial include opening statements, examination of witnesses, motions to dismiss, closing arguments and jury deliberation.
The document concludes with a high-level
ARBITRATION AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This document summarizes the procedures for summons outlined in the Code of Civil Procedure 1908 in India. It discusses who can be issued a summons, the required contents and format of summons, acceptable methods of serving summons including personal service, service on family or agents, substituted service through affixing or newspaper publication, and service on defendants in special circumstances such as imprisonment, residence abroad, or if they are civil servants or members of the armed forces. The purpose of summons is to inform defendants of legal proceedings against them and provide an opportunity to defend themselves.
Two Seattle men were stopped at the Canadian border for attempting to bring Kinder Eggs into the United States. Kinder Eggs, which contain a toy inside the chocolate egg, are banned in the U.S. The men spent over two hours pleading their case to border agents but were ultimately let off with a warning. Each year, U.S. Customs and Border Protection seizes thousands of Kinder Eggs from individuals trying to bring them into the country.
The document provides an overview of litigation and trial practice procedures in the Philippines. It defines key terms like litigation and trial practice. It outlines the basic steps that take place in a courtroom, such as when the judge enters, the lawyer entering their appearance, addressing the court, presenting evidence through direct and cross examination of witnesses, and objecting. The document aims to familiarize students with courtroom conduct and fundamentals of evidence presentation and trial processes.
Criminal Trial and Criminal Justice System.pptxsikandermarri
Thank you for the mock exercise scenario. Here is how I would conduct the direct examination and cross examination:
Direct Examination of Saleem:
Prosecutor: Please state your name and occupation.
Witness: My name is Saleem and I am a shopkeeper running a mobile phone business.
P: Please tell the court what happened on [date of incident].
W: On that day, two customers Khalid and Naveed visited my shop. Khalid is a regular customer but Naveed I had not seen before. They looked around but did not make any purchases. When I closed up for the day, I reviewed the CCTV footage and noticed that Naveed had stealthily taken three mobile
This document is a transcript from a court proceeding involving the defendant Nureen Azlina binti Akmal, who is charged with intentionally causing grievous hurt by using acid. In the proceeding, the prosecution asks to postpone the mention date to allow time to obtain a medical report on the victim. The defense counsel argues that the defendant should be granted bail given her circumstances. However, the prosecution opposes bail, citing concerns that the defendant may tamper with witnesses. After considering both arguments, the judge grants bail to the defendant with conditions.
Overview of civil litigation for the litigation neophyte or the non litigatorAdam Leitman Bailey, P.C.
This document provides an overview of the civil litigation process in 5 stages: pleadings, discovery, motions, trial, and appeal.
It begins with a brief outline of the typical pleadings filed, including complaints, answers, counterclaims, and replies. Discovery procedures like interrogatories, depositions, and demands for documents are then explained. Common pre-trial motions such as motions to dismiss and for summary judgment are also summarized.
Trial procedures for both Supreme Court and Landlord-Tenant Court are outlined, noting differences such as jury availability. Steps of a typical jury trial include opening statements, examination of witnesses, motions to dismiss, closing arguments and jury deliberation.
The document concludes with a high-level
ARBITRATION AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This document summarizes the procedures for summons outlined in the Code of Civil Procedure 1908 in India. It discusses who can be issued a summons, the required contents and format of summons, acceptable methods of serving summons including personal service, service on family or agents, substituted service through affixing or newspaper publication, and service on defendants in special circumstances such as imprisonment, residence abroad, or if they are civil servants or members of the armed forces. The purpose of summons is to inform defendants of legal proceedings against them and provide an opportunity to defend themselves.
Two Seattle men were stopped at the Canadian border for attempting to bring Kinder Eggs into the United States. Kinder Eggs, which contain a toy inside the chocolate egg, are banned in the U.S. The men spent over two hours pleading their case to border agents but were ultimately let off with a warning. Each year, U.S. Customs and Border Protection seizes thousands of Kinder Eggs from individuals trying to bring them into the country.
The document provides an overview of litigation and trial practice procedures in the Philippines. It defines key terms like litigation and trial practice. It outlines the basic steps that take place in a courtroom, such as when the judge enters, the lawyer entering their appearance, addressing the court, presenting evidence through direct and cross examination of witnesses, and objecting. The document aims to familiarize students with courtroom conduct and fundamentals of evidence presentation and trial processes.
Criminal Trial and Criminal Justice System.pptxsikandermarri
Thank you for the mock exercise scenario. Here is how I would conduct the direct examination and cross examination:
Direct Examination of Saleem:
Prosecutor: Please state your name and occupation.
Witness: My name is Saleem and I am a shopkeeper running a mobile phone business.
P: Please tell the court what happened on [date of incident].
W: On that day, two customers Khalid and Naveed visited my shop. Khalid is a regular customer but Naveed I had not seen before. They looked around but did not make any purchases. When I closed up for the day, I reviewed the CCTV footage and noticed that Naveed had stealthily taken three mobile
This document is a transcript from a court proceeding involving the defendant Nureen Azlina binti Akmal, who is charged with intentionally causing grievous hurt by using acid. In the proceeding, the prosecution asks to postpone the mention date to allow time to obtain a medical report on the victim. The defense counsel argues that the defendant should be granted bail given her circumstances. However, the prosecution opposes bail, citing concerns that the defendant may tamper with witnesses. After considering both arguments, the judge grants bail to the defendant with conditions.
The Right to Fair and Effective Investigation in Pre-trial stage refers to various aspects of criminal procedure designed to safeguard the innocent from the harassment of the state authorities, both judiciary and executive. Each and every accused person of the offence should be treated as an innocent person till the guilt is proved by the court. The accused person has rights to be just, fair, reasonable, and effective before the court in which the court and authorities must apply the just, reasonable and fair procedures on conducting their investigative task. They must perform their duties in accordance with procedure established by law. The United Nations contributed a lot in adopting declarations, conventions, and principles etc. which ensure the rights to fair trial in the court of law of the accused person. However pre-trial investigation is closely connected with fair trial of an accused. Impartial investigation is depending on the authority conducting the investigation. In absence of a separate investigating agency in Bangladesh, the investigating officers who belong to the police force are at times lagging behind the professionalism in wrapping up investigation of crimes for a plethora of reasons. In many instances the investigating officers are alleged to be discharging their duties in a casual manner. Though separate judicial magistracy started its journey about twelve years ago, delayed, defective and biased investigation of crimes is one of the major stumbling blocks that haunt our crippling criminal justice system. Colonial rules, too much reliance on confession of the accused rather than evidence oriented way of investigation and heavy workloads of law enforcing agency are major causes for lackadaisical investigation. Many officers also tend to be conveniently indifferent to the modern trends and technical developments of investigation techniques and human rights of the accused. It is also critical that the investigating officers are well-versed with the essential ingredients of the offences they are investigating. The investigators are also often handicapped in undertaking effective investigation for want of modern gadgets and equipment etc. In this age, the crime detecting members can also in no way sideline the core human dignity of the accused.
The Right to Fair and Effective Investigation in Pre-trial stage refers to various aspects of criminal procedure designed to safeguard the innocent from the harassment of the state authorities, both judiciary and executive. Each and every accused person of the offence should be treated as an innocent person till the guilt is proved by the court. The accused person has rights to be just, fair, reasonable, and effective before the court in which the court and authorities must apply the just, reasonable and fair procedures on conducting their investigative task. They must perform their duties in accordance with procedure established by law. The United Nations contributed a lot in adopting declarations, conventions, and principles etc. which ensure the rights to fair trial in the court of law of the accused person. However pre-trial investigation is closely connected with fair trial of an accused. Impartial investigation is depending on the authority conducting the investigation. In absence of a separate investigating agency in Bangladesh, the investigating officers who belong to the police force are at times lagging behind the professionalism in wrapping up investigation of crimes for a plethora of reasons. In many instances the investigating officers are alleged to be discharging their duties in a casual manner. Though separate judicial magistracy started its journey about twelve years ago, delayed, defective and biased investigation of crimes is one of the major stumbling blocks that haunt our crippling criminal justice system. Colonial rules, too much reliance on confession of the accused rather than evidence oriented way of investigation and heavy workloads of law enforcing agency are major causes for lackadaisical investigation. Many officers also tend to be conveniently indifferent to the modern trends and technical developments of investigation techniques and human rights of the accused. It is also critical that the investigating officers are well-versed with the essential ingredients of the offences they are investigating. The investigators are also often handicapped in undertaking effective investigation for want of modern gadgets and equipment etc. In this age, the crime detecting members can also in no way sideline the core human dignity of the accused.
This dissertation examines the independence of the judiciary in Bangladesh through a critical analysis. It begins with an introduction that outlines the background and importance of an independent judiciary. The objectives are to review the existing conditions of judicial independence in Bangladesh and propose improvements. The methodology involves a qualitative analysis of secondary sources like books, articles, and reports. The literature review found that no significant research has examined the implications of separating the judiciary from the executive in Bangladesh. The dissertation will analyze this issue and provide insights to policymakers on ensuring judicial independence. The scope is limited to examining how separation of the judiciary affects its independence in practice.
This document lists the names of students and the parts they will perform in a mock civil trial. It includes:
1. An opening statement for the plaintiff side and defendant side.
2. Examination and cross-examination of plaintiff and defendant witnesses.
3. Closing arguments for the plaintiff and defendant sides.
This document outlines the proceedings of a court case challenging the constitutionality of the existing quota system in public service. It provides templates for the petitioner's counsel to introduce the writ petition, reference points in their argument, call additional counsel, and make their final prayer. It also provides templates for the respondent's counsel to introduce their side, reference points in their counterargument, call additional counsel, and make their final counter prayer. Both sides are instructed to use respectful language and address the court as "your lordship" throughout.
Kazi Shamim Arafat, owner of Haji Nannar Biriyani business since 1950, is taking legal action against 4 individuals - Md. Nahidul Islam, MD Mizanur Rahman, Heamith Hasan, and Mehedi Hasan. They have been copying his business' product recipes, packaging, and banners to run competing stores called Haji Nanna Miar Shahi Morog Pulao for 2 years. Despite a 2017 city corporation order, they continue infringing on his copyrights. He provides documents like copyright certificates and witnesses to support his case.
This case discusses three civil revision cases filed against an order by a subordinate judge regarding three suits filed by Ansarul Haque against Agrani Bank regarding fixed deposit receipts. The key points are:
1) Ansarul Haque argued the suits should be transferred as the receipts were actually checks, making order 37 of the CPC applicable for summary proceedings. However, the court found the receipts were not negotiable instruments like checks but rather fixed deposits.
2) As fixed deposits are not considered negotiable instruments, order 37 did not apply and the subordinate court had proper jurisdiction to hear the suits without transferring them.
3) Therefore, the court dismissed the revision cases, finding the subordinate
This document provides an overview of the United Nations Security Council, including its composition, purpose, voting procedures, powers and functions, enforcement mechanisms under Chapter VII, and tools. The Security Council is responsible for international peace and security and consists of 5 permanent members (China, France, Russia, UK, US) and 10 non-permanent members elected for two-year terms. It has primary responsibility for maintaining peace and security and can authorize investigations, recommend dispute resolutions, approve military action, and impose sanctions.
This document discusses the balancing of individual protection under the principle of non-refoulement against considerations of national security. It outlines the core meanings of non-refoulement and national security. The author argues that individual protection should be given priority over national security concerns. A balancing test can be used to ensure both individual protection and national security are considered in an integrated way without ignoring human rights in the name of national security. The document also discusses interpretations of the national security exception under the 1951 Refugee Convention.
The document discusses freedom of expression under the Bangladeshi constitution. It begins by defining freedom of expression and distinguishing it from freedom of speech. It notes that freedom of expression is recognized under Article 39 of the Bangladeshi constitution, but is subject to reasonable restrictions around issues like security, public order, and morality. It outlines some of the laws that can limit expression, such as those around defamation and official secrets. The document also discusses some case laws related to limitations on political commentary online. It concludes by calling for balancing individual rights with societal interests and ensuring the smooth exercise of citizens' rights.
This document discusses human trafficking in Bangladesh. It defines human trafficking and notes that it is the third largest international crime. In Bangladesh, women and children from poor, rural areas are most commonly trafficked by organized criminal groups. Victims are often trafficked for sexual exploitation, forced labor, or forced marriages to destinations in South Asia, the Middle East, and Eastern Europe. The document outlines Bangladeshi government laws aimed at preventing trafficking but notes it remains a significant problem due to factors like poverty, lack of awareness, and corruption.
The United Nations has historically engaged in three phases of peacekeeping: early observer missions beginning in 1948, a post-Cold War surge in the 1990s, and present-day operations. UN peacekeeping has evolved from traditional unarmed observer missions monitoring ceasefires to more robust Chapter VII operations permitted to use force to defend mandates and civilians. Currently, over 100,000 UN peacekeepers from 124 contributor countries are deployed globally in various operations focused on conflict prevention, stabilization, peace agreement implementation, and transition of states to stable governance. However, peacekeeping also faces limitations like constraints on use of force and shortages of resources.
This document is a civil suit filed by Sajjad Bin A Hai against Jiaul Karim Murad. Sajjad loaned Jiaul Tk. 55,00,000 for business purposes on 10.12.2015, with the agreement that Jiaul would repay the money within 6 months. When Sajjad asked for repayment on 15.06.2016, Jiaul denied taking the money. On 03.10.2016, Jiaul told Sajjad's friend that he would not repay the debt and planned to dispose of his property and move to Kishoreganj. Sajjad is seeking a court order for Jiaul to furnish security, repay the debt plus compensation
This document discusses the right to bail in Bangladeshi law. It defines bail as the release of a person charged with an offence upon signing an undertaking to appear in court. Bail can be granted for bailable offences by police or courts and is meant to balance the accused's liberty with ensuring their appearance at trial. The document outlines the categories of offences, conditions for granting bail, relevant authorities, and roles of police, prosecutors and judges. It also discusses cancellation of bail and reforms needed in the bail system.
This document discusses the rules and principles regarding expert witnesses and examination of witnesses under the Indian Evidence Act 1872.
It defines an expert witness as a person with specialized knowledge or experience in a particular field who can provide opinion testimony to assist the court or factfinders. It outlines the prerequisites for expert testimony, including that the subject requires expert opinion and the witness is truly an expert. While expert opinions are advisory, courts are not bound by them.
The document also discusses different types of witnesses, the process of examining and cross-examining witnesses, relevant provisions around leading questions, refreshing a witness's memory, and prohibitions against indecent, scandalous, insulting or needlessly offensive questions.
The Right to Fair and Effective Investigation in Pre-trial stage refers to various aspects of criminal procedure designed to safeguard the innocent from the harassment of the state authorities, both judiciary and executive. Each and every accused person of the offence should be treated as an innocent person till the guilt is proved by the court. The accused person has rights to be just, fair, reasonable, and effective before the court in which the court and authorities must apply the just, reasonable and fair procedures on conducting their investigative task. They must perform their duties in accordance with procedure established by law. The United Nations contributed a lot in adopting declarations, conventions, and principles etc. which ensure the rights to fair trial in the court of law of the accused person. However pre-trial investigation is closely connected with fair trial of an accused. Impartial investigation is depending on the authority conducting the investigation. In absence of a separate investigating agency in Bangladesh, the investigating officers who belong to the police force are at times lagging behind the professionalism in wrapping up investigation of crimes for a plethora of reasons. In many instances the investigating officers are alleged to be discharging their duties in a casual manner. Though separate judicial magistracy started its journey about twelve years ago, delayed, defective and biased investigation of crimes is one of the major stumbling blocks that haunt our crippling criminal justice system. Colonial rules, too much reliance on confession of the accused rather than evidence oriented way of investigation and heavy workloads of law enforcing agency are major causes for lackadaisical investigation. Many officers also tend to be conveniently indifferent to the modern trends and technical developments of investigation techniques and human rights of the accused. It is also critical that the investigating officers are well-versed with the essential ingredients of the offences they are investigating. The investigators are also often handicapped in undertaking effective investigation for want of modern gadgets and equipment etc. In this age, the crime detecting members can also in no way sideline the core human dignity of the accused.
The Right to Fair and Effective Investigation in Pre-trial stage refers to various aspects of criminal procedure designed to safeguard the innocent from the harassment of the state authorities, both judiciary and executive. Each and every accused person of the offence should be treated as an innocent person till the guilt is proved by the court. The accused person has rights to be just, fair, reasonable, and effective before the court in which the court and authorities must apply the just, reasonable and fair procedures on conducting their investigative task. They must perform their duties in accordance with procedure established by law. The United Nations contributed a lot in adopting declarations, conventions, and principles etc. which ensure the rights to fair trial in the court of law of the accused person. However pre-trial investigation is closely connected with fair trial of an accused. Impartial investigation is depending on the authority conducting the investigation. In absence of a separate investigating agency in Bangladesh, the investigating officers who belong to the police force are at times lagging behind the professionalism in wrapping up investigation of crimes for a plethora of reasons. In many instances the investigating officers are alleged to be discharging their duties in a casual manner. Though separate judicial magistracy started its journey about twelve years ago, delayed, defective and biased investigation of crimes is one of the major stumbling blocks that haunt our crippling criminal justice system. Colonial rules, too much reliance on confession of the accused rather than evidence oriented way of investigation and heavy workloads of law enforcing agency are major causes for lackadaisical investigation. Many officers also tend to be conveniently indifferent to the modern trends and technical developments of investigation techniques and human rights of the accused. It is also critical that the investigating officers are well-versed with the essential ingredients of the offences they are investigating. The investigators are also often handicapped in undertaking effective investigation for want of modern gadgets and equipment etc. In this age, the crime detecting members can also in no way sideline the core human dignity of the accused.
This dissertation examines the independence of the judiciary in Bangladesh through a critical analysis. It begins with an introduction that outlines the background and importance of an independent judiciary. The objectives are to review the existing conditions of judicial independence in Bangladesh and propose improvements. The methodology involves a qualitative analysis of secondary sources like books, articles, and reports. The literature review found that no significant research has examined the implications of separating the judiciary from the executive in Bangladesh. The dissertation will analyze this issue and provide insights to policymakers on ensuring judicial independence. The scope is limited to examining how separation of the judiciary affects its independence in practice.
This document lists the names of students and the parts they will perform in a mock civil trial. It includes:
1. An opening statement for the plaintiff side and defendant side.
2. Examination and cross-examination of plaintiff and defendant witnesses.
3. Closing arguments for the plaintiff and defendant sides.
This document outlines the proceedings of a court case challenging the constitutionality of the existing quota system in public service. It provides templates for the petitioner's counsel to introduce the writ petition, reference points in their argument, call additional counsel, and make their final prayer. It also provides templates for the respondent's counsel to introduce their side, reference points in their counterargument, call additional counsel, and make their final counter prayer. Both sides are instructed to use respectful language and address the court as "your lordship" throughout.
Kazi Shamim Arafat, owner of Haji Nannar Biriyani business since 1950, is taking legal action against 4 individuals - Md. Nahidul Islam, MD Mizanur Rahman, Heamith Hasan, and Mehedi Hasan. They have been copying his business' product recipes, packaging, and banners to run competing stores called Haji Nanna Miar Shahi Morog Pulao for 2 years. Despite a 2017 city corporation order, they continue infringing on his copyrights. He provides documents like copyright certificates and witnesses to support his case.
This case discusses three civil revision cases filed against an order by a subordinate judge regarding three suits filed by Ansarul Haque against Agrani Bank regarding fixed deposit receipts. The key points are:
1) Ansarul Haque argued the suits should be transferred as the receipts were actually checks, making order 37 of the CPC applicable for summary proceedings. However, the court found the receipts were not negotiable instruments like checks but rather fixed deposits.
2) As fixed deposits are not considered negotiable instruments, order 37 did not apply and the subordinate court had proper jurisdiction to hear the suits without transferring them.
3) Therefore, the court dismissed the revision cases, finding the subordinate
This document provides an overview of the United Nations Security Council, including its composition, purpose, voting procedures, powers and functions, enforcement mechanisms under Chapter VII, and tools. The Security Council is responsible for international peace and security and consists of 5 permanent members (China, France, Russia, UK, US) and 10 non-permanent members elected for two-year terms. It has primary responsibility for maintaining peace and security and can authorize investigations, recommend dispute resolutions, approve military action, and impose sanctions.
This document discusses the balancing of individual protection under the principle of non-refoulement against considerations of national security. It outlines the core meanings of non-refoulement and national security. The author argues that individual protection should be given priority over national security concerns. A balancing test can be used to ensure both individual protection and national security are considered in an integrated way without ignoring human rights in the name of national security. The document also discusses interpretations of the national security exception under the 1951 Refugee Convention.
The document discusses freedom of expression under the Bangladeshi constitution. It begins by defining freedom of expression and distinguishing it from freedom of speech. It notes that freedom of expression is recognized under Article 39 of the Bangladeshi constitution, but is subject to reasonable restrictions around issues like security, public order, and morality. It outlines some of the laws that can limit expression, such as those around defamation and official secrets. The document also discusses some case laws related to limitations on political commentary online. It concludes by calling for balancing individual rights with societal interests and ensuring the smooth exercise of citizens' rights.
This document discusses human trafficking in Bangladesh. It defines human trafficking and notes that it is the third largest international crime. In Bangladesh, women and children from poor, rural areas are most commonly trafficked by organized criminal groups. Victims are often trafficked for sexual exploitation, forced labor, or forced marriages to destinations in South Asia, the Middle East, and Eastern Europe. The document outlines Bangladeshi government laws aimed at preventing trafficking but notes it remains a significant problem due to factors like poverty, lack of awareness, and corruption.
The United Nations has historically engaged in three phases of peacekeeping: early observer missions beginning in 1948, a post-Cold War surge in the 1990s, and present-day operations. UN peacekeeping has evolved from traditional unarmed observer missions monitoring ceasefires to more robust Chapter VII operations permitted to use force to defend mandates and civilians. Currently, over 100,000 UN peacekeepers from 124 contributor countries are deployed globally in various operations focused on conflict prevention, stabilization, peace agreement implementation, and transition of states to stable governance. However, peacekeeping also faces limitations like constraints on use of force and shortages of resources.
This document is a civil suit filed by Sajjad Bin A Hai against Jiaul Karim Murad. Sajjad loaned Jiaul Tk. 55,00,000 for business purposes on 10.12.2015, with the agreement that Jiaul would repay the money within 6 months. When Sajjad asked for repayment on 15.06.2016, Jiaul denied taking the money. On 03.10.2016, Jiaul told Sajjad's friend that he would not repay the debt and planned to dispose of his property and move to Kishoreganj. Sajjad is seeking a court order for Jiaul to furnish security, repay the debt plus compensation
This document discusses the right to bail in Bangladeshi law. It defines bail as the release of a person charged with an offence upon signing an undertaking to appear in court. Bail can be granted for bailable offences by police or courts and is meant to balance the accused's liberty with ensuring their appearance at trial. The document outlines the categories of offences, conditions for granting bail, relevant authorities, and roles of police, prosecutors and judges. It also discusses cancellation of bail and reforms needed in the bail system.
This document discusses the rules and principles regarding expert witnesses and examination of witnesses under the Indian Evidence Act 1872.
It defines an expert witness as a person with specialized knowledge or experience in a particular field who can provide opinion testimony to assist the court or factfinders. It outlines the prerequisites for expert testimony, including that the subject requires expert opinion and the witness is truly an expert. While expert opinions are advisory, courts are not bound by them.
The document also discusses different types of witnesses, the process of examining and cross-examining witnesses, relevant provisions around leading questions, refreshing a witness's memory, and prohibitions against indecent, scandalous, insulting or needlessly offensive questions.
More from Bangladesh University of Professionals (15)
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
1. Proceedings To Follow
Bench Officer: Attention!! Attention!! Please all raise, the court is coming, you all are
requested to stand up until the judge enters and is sited.
Judge: Good morning/afternoon………… You all are requested to take your sit please.
Bench Officer: The court is now in session. Honorable judge Ms. Afia Raham is now
presiding.
Judge: The court is ready to start the day’s proceeding. Mr. Bench officer, call the first
case from the today’s cause list.
Bench Officer: Our today’s case is title suit no. 125/ 2016. In this case the plaintiff is
Eliyas and defendantis Raja Chowdhury and others. This is a suit for [establishment of
title and recovery of khas possession in the suit land] under section 42 of the specific
relief Act 1877. Today the case is fixed for hearing the case. The record is put up before
your honour for hearing.
Judge: The record is taken up for hearing. This is a suit for [establishment of title and
recovery of khas possession in the suit land] under section 42 of the specific relief Act
1877. Plaintiff side has filed the petition for amendment of the plaint. Defendant side
has opposed it. For the purpose of hearing the petition I will first hear the plaintiff side,
thereafter the defendant’s side. The court is ready to hear the case. Is the Plaintiff side
ready? or May I call the learned advocate on behalf of the plaintiff …………. to submit his
submission. Learned advocate ……….are you ready to submit you submission regarding
the petition for amendment of the plaint on behalf of the plaintiff.
(Plaintiff’s Advocate’s role)
I have heard the submission of learned Advocate on behalf of the plaintiff regarding
amendment of the plaint. Now I would like to hear the objection raised by the learned
advocate on behalf of the defendant. Learned advocate …… are you ready to submit
your submission on behalf of the defendant side.
(Defendants Advocate role)
Judge; Learned advocate …………….. you may present your submission.
(Defendants Advocate role)
Judge: We have heard the submissions by learned advocates of both the side and
considering the facts and circumstances of the case I have come to the decision that the
2. petition for amendment of plaint is granted and proposed change is inserted ir the
plaint accordingly.
Our next event is to hear the application for temporary injunction. The plaintiff side has
filed the petition for temporary injunction to restrain the defendant not to transfer the
suit land of any third party till disposal of the suit. The defendant side opposed the
petition. I will hear the plaintiff side first and then the defendant.
May I call the learned advocate to submit the injunction petition on behalf of plaintiff
side?
(Plaintiff’s Advocate’s role)
Judge: Learned advocate ………………….. are you ready to submit your submission?
(Plaintiff’s Advocate’s role)
Judge: Learned advocate you may submit with your submission.
(Plaintiff’s Advocate’s role)
Judge: I have heard the submission advanced by the learned advocate on behalf of the
plaintiff regarding temporary injunction. Now I will hear the objection raised by the
defendant side. May I call learned advocate on behalf of the defendant side to present
her objection raised on behalf of the defendant.
(Defendant’s Advocate’s role)
Judge: Learned advocate …………… are you ready to submit your submission on behalf of
the defendant?
(Defendant’s Advocate’s role)
Judge: Learned advocate ……………… you may present your submission now.
(Defendant’s Advocate’s role)
Judge: I have heard the submissions presented by both sides regarding petition for
temporary injunction. Now I am going to give my decision. Considering the facts and
circumstance of the case and the documentary evidence on record, I am of the opinion
that if the suit land is transferred of any third party by the defendant side the suit will be
trusted and therefore the petition of a temporary injunction is allowed. The defendant
is directed not its transfer the suit land to any third party till disposal of the suit.
3. Our next event is to hear the submission of description of ADR process. Learned
advocate ……………………. are you ready to submit your submission on description of ADR
process in the form of Mediation as adopted in this case.
(Learned advocates role)
Judge: Learned advocate you may advance your submission.
(Learned advocates role)
The ADR process is failed. Our next event is to framing the issues. Considering the
respective cases of the parties, I have framed the following issues. The issues are-
1.
2.
3.
4.
For the purpose of hearing the trial of the case our next event is to hear the opening
statements of the respective parties. Firstly I will hear the plaintiff side and thereafter
the defendant side.
Learned advocate ……………….. are you ready to open the case on behalf of plaintiff’s
side.
(Plaintiff’s Advocate’s role)
Learned advocate ……………. you may open the case on behalf of the plaintiff’s side.
I have heard the opening statement of learned advocate ………………. Now I will hear the
defendants opening statement. Learned advocate …………………. are you ready to submit
your opening statement on behalf of the defendant side.
(Defendant’s Advocate’s role)
Learned advocate ……………… you may open the case on behalf of defendant side.
I have heard the opening statements of both plaintiff and defendant side. The case is
open accordingly. Our next event is to take the evidences of the witnesses. Firstly I will
record the evidences of plaintiff side and thereafter defendant side.
4. Learned advocate ………………….. are you ready to present your witnesses?
(Learned advocates role)
Mr. bench officer , please call the first witness on behalf of the plaintiff.
Bench Officer: May I call the plaintiff witness number 1 now
Judge: Yes Mr. Bench Officer you may call the plaintiff witness no. 1
Bench Officer: plaintiff witness no. 1……………….. are you present?
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken. Learned advocate on behalf of the plaintiff ……………………… you
may take chief of the witness.
(Plaintiff’s Advocate’s role)
Judge: The examination-in-chief of plaintiff witness no.1 is taken and I have recorded
the statements of plaintiff witness no.1. Now its time to hear the cross examination of
witness no. 1. Learned advocate on behalf of the defendant side Mr……..are you ready
to cross the witness.
(Defendant’s Advocate’s role)
Learned advocate Mr. ……… you may cross the witness now.
(Defendant’s Advocate’s role)
Judge: The examination-in-chief and the cross examination of the plaintiff witness no. 1
is recorded. Our next turn is to take evidence of the plaintiff witness no. 2.
Mr. Bench officer, please call the witness no. 2 on behalf of the plaintiff.
Bench Officer: May I call the plaintiff witness no. 2?
Judge: Yes, you may call the plaintiff witness no. 2 now.
Bench Officer: Plaintiff witness no……. are you present?
5. (Plaintiff Witness Role)
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken. Learned advocate Mr. ………… you may take Chief of the witness
now.
(Plaintiff’s Advocate’s role)
Judge: The statement of plaintiff witness no.2 is recorded. Now I would like to hear the
cross examination of witness no. 2. Learned advocate on behalf of the defendant ………..
you may cross the witness.
(Defendant’s Advocate’s role)
Judge: The chief and cross of the plaintiff witness no. 2 is recorded. Our next turn is to
take evidence of plaintiff witness no. 3. Mr. Bench officer, please call the plaintiff
witness no. 3.
Bench Officer: May I call the plaintiff witness no. 3 now?
Judge: Yes, you may call the plaintiff witness no. 3 now.
Bench Officer: Plaintiff witness no.3 …………, are you present?
( Plaintiff Witness’s Role)
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken.
Judge: learned advocate on behalf of the plaintiff Mr. Abdur Rahman you may take
chief of the witness no. 3.
(Plaintiff’s Advocate’s role)
6. Judge: I have heard the examination-in-chief of the plaintiff witness no.3. Now I would
like to hear the cross examination of witness no. 3. Learned advocate on behalf of the
defendant Mr…………….you may cross the witness now.
(Defendant’s Advocate’s role)
Judge: All the statements of the witnesses have been recorded. Recording evidence on
behalf of the plaintiff side is closed. Our next event is to hear the statements of the
witnesses on behalf of the defendant side. Mr. Bench officer, please call the witness
no.1.
Bench Officer: May I call the defendant witness no. 1 now?
Judge: Yes, you may call the defendant witness no. 1.
Bench Officer: Defendant witness no.1 Ms………………., are you present?
(Defendants Witness’s role)
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken.
Judge: Learned advocate on behalf of the defendant Mr. ………….., are you ready to take
chief of the witness No. 1.
(Defendant’s Advocate’s role)
Judge: learned advocate Mrs. Israt you may take chief of the witness no. 1 now.
(Defendant’s Advocate’s role)
The examination-in-chief of the defendant witness No. 1 is taken and I have recorded
the examination-in-chief of the defendant witness No.1. Now it’s time to cross examine
witness No. 1.
Learned advocate Mr. ………, are you ready to cross examine the witness.
(Plaintiff’s Advocate’s role)
7. Judge: Learned advocate Mr. ………….., you may cross the witness now.
(Plaintiff’s Advocate’s role)
Judge: The examination-in-chief and the cross examination of the defendant witness
No. 1 is recorded. Our next turn is to take evidences of defendants witness No. 2.
Mr. Bench officer, please call the witness no.2 on behalf of the defendant.
Bench Officer: May I call the defendant witness no. 2?
Judge: Yes, you may call the defendant witness no. 2 now.
Bench Officer: Defendant witness no.2 Mr……………, are you present?
(Defendants Witness Role)
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken.
Judge: Learned advocate on behalf of the defendant Mr. ……….., are you ready to take
chief of the witness No. 2.
(Defendant’s Advocate’s role)
Judge: learned advocate Mr. ……… you may take chief of the witness no. 2 now.
(Defendant’s Advocate’s role)
The examination-in-chief of the defendant witness No. 2 is taken and I have recorded
the examination-in-chief of the defendant witness No.2. Now it’s time to cross examine
witness No. 2. Learned advocate Mr. ………….., are you ready to cross the witness.
(Plaintiff’s Advocate’s role)
Learned advocate Mr. ………….., you may cross the witness now.
(Plaintiff’s Advocate’s role)
8. Judge: The examination-in-chief and the cross examination of the defendant witness
No. 2 is recorded. Our next turn is to take evidences of defendant witness No. 3.
Mr. Bench officer, please call the witness no.3 on.
Bench Officer: May I call the defendant witness no. 3 now?
Judge: Yes, you may call the defendant witness no. 3.
Bench Officer: Defendant witness no.3 Mr………….., are you present?
(Defendants Witness Role)
Bench Officer: Please come to the witness dock.
Judge: Let the witness be sworn.
Bench Officer: Please repeat me……………. Whatever I say, I say the truth, I shall not say
anything which is untrue.
Judge: Oath is taken.
Judge: Learned advocate on behalf of the defendant Mr. …………, are you ready to take
chief of the witness No. 3.
(Defendant’s Advocate’s role)
Judge: learned Advocate Mr. ………., you may take chief of the witness no. 3 now.
(Defendant’s Advocate’s role)
The examination-in-chief of the defendant witness No. 3 is taken and I have recorded
the examination-in-chief of the defendant witness No.3. Now it’s time to cross examine
the witness No. 3.
Learned advocate Mr. ………….., are you ready to cross the witness.
(Plaintiff’s Advocate’s role)
Learned advocate Mr. ………….., you may cross the witness now.
(Plaintiff’s Advocate’s role)
Judge: All the statements of the witness have been recorded. The taking evidence on
behalf of the plaintiff and defendant side is closed. Our next turn is to hear the
9. argument from plaintiff and defendant side. Learned advocate on behalf of the plaintiff
Mr. ……….., are you ready to submit your argument..
(Plaintiff’s Advocate’s role)
Learned advocate Mr. ………..you may submit your argument.
(Plaintiff’s Advocate’s role)
Judge: I heard the argument of learned advocate Mr. ……….. on behalf of the plaintiff.
Now I would like to hear the argument of the defendant side. Learned advocate Mr.
………..on behalf of the defendant are you ready to submit your argument
(Defendant’s Advocate’s role)
Learned advocate Mr. ………… you may proceed with your argument now.
( Finish it with pronouncing of judgment).