Name: Marzia Munir

Student Id: 18109003

Section:- 1
Course: Law402

Proposed Title: Application of Law of Tort in Bangladesh; Possibilities and Challenges

Name of the Researcher: Marzia Munir

Background:
In the beginning of Tort History, tort only existed in the form of trespass after separation from
criminal law. For other form of indirect damages related to tort, there could be no relief until the
close of thirteenth century. In 1285, The famous statute of Westminster II 36 was passed. This
statute covered the whole field of tort law including trespass and right of action for injuries. In
early post-norman England, Issuing Writ petitions in King’s court were limited and required
money. Because, aristocrats wanted to establish the importance of Local Courts. Regardless,
Writ Petition for trespass and Action for Injuries in King’s Court possessed great value of
historical interest.

The application of tort law in Bangladesh roots from common law in England, based on the
practice of case precedents. It is said to be a development of the old maxim “ubi jus ibi
remedium” (Every right needs a remedy). Tort originates from Latin word ‘tortum’ which means
twisted or crooked. There are different types of torts including:- Vicarious Liability, Wrongful
Confinement, Defamation, Trespass, Negligence, Nuisance e.t.c. Although we don’t have
specific statute related to tort in Bangladesh, Case Precedents and tort provisions in various
domestic statutes dictate the Law of Tort in Bangladesh.

Literature Review:

1. Since there is no official statute solely dedicated for tort applcation in Bangladesh, Author
Haider gives reference to several case laws to portray her observation. She illustrates how the
judiciary of Bangladesh acknowledges "Negligence" as a “Cause of Action” that roots from
common law. Although Bangladeshi Courts acknowledge “Vicarious Liability”; unlike UK Law,
the factors determining the said doctrine is yet to be established. Inclusion of tort in civil
jurisdiction is important following the footsteps of India. Haider criticizes how although the
Supreme Court have empowered all the Sub-Ordinate courts to create new tort; due to lack of
statutory reliability, the subordinate judges are reluctant. She adds how the calculation of
compensation under tortious claims can be an issue and depends upon evidences adduced,
emotional factors and judge’s own discretion.1

2. A.E. Zahir and D.S. Anju observe In British American Tobacco Case, the court held that
vicarious liability is dependent on factual evidences adduced during trial. Hence the plaint could
not be rejected. The case serves as a precedent that employer's failure to prevent sexual
harassment committed by his subordinates while on duty falls under tort responsibility.

Author mentions in Catherine Case, Plaintiff was awarded around 4.5 crore in damages under
several tortious head. Anticipatory damages were calculated on primary consideration of
intimacy between deceased and plaintiff ; however no rules were established regarding the
subordinate courts authority to estimate tortious claims.

In CCB foundation vs BD , Authors observe how Public Interest Litigation cases can be filed in
the form of writ petition under constitutional tort.Moreover, "Soverign Immunity" as a defence
was not granted by court which should set precedent upcoming tort petitions.

The authors mention how Jahalam(worker) was served 3 years of imprisonment due to
misidentification. The latest tort judgements in Bangladesh has opened ways for him to claim
tortious damages for such misconduct.2

3. Taqbir Huda opines that The Bangladesh Beverage Industries case is a landmark case that sets
precedent for upcoming claimant of tortious liabilities. Since, damages from road accidents
under tortious liability is a rare practice in Bangladesh. The author scrutinizes the case and
1
Haider, N. . (2022). Development of the Laws of Tortious Liability in Bangladesh. Dhaka University Law
Journal, 32(1), 196–206. https://doi.org/10.3329/dulj.v32i1.57187

2
Interpretation of Law of Tort by the Apex Court of
Bangladesh,Rajshahi University Law Journal, Vol. IX, Dec. 2018
opines how due to ambiguious and confusing commentary of Judge Chakladar J regarding
limitation period, statutory authority and tortious issues in the Beverage Case, it delivered a
misinference. Interpreting which, foreign courts in Canada denied victims of Rana plaza
collapse to seek relief in foreign jurisdictions .3

4. A.S.M.Tariq Iqbal states that Negligence, Occupier's Liability,Employer's Liability have made
developments in common law countries including Bangladesh.But there are other tortious acts
which seek for protections such as road accidents, unlawful arrest, Hartals, Construction
Collapse, Consumer's right e.t.c. Author opines that codification of tort law is important to
ensure assurance to justice. Author reflects how in India, the tort is not codified,but the judges
are playing eminent role for it’s initial growth4

5. M Jashim Ali Chowdhury reflects how the law of tort is varied from criminal law. In Criminal
Law, the relief is in the form of codified punishments which may include imprisonment,as well
as fine. However, since tort law is of civil nature, since the damages are un-liquidated, it can not
be pre-supposed or pre-determined. Which is why the law of tort is yet to be codified, similar to
the event of Brittan having a Constitution.5

Scope of the Research:

This Paper will analyze the contemporary situation of Tort Law in Bangladesh. It will also shed
light regarding history of tort, kinds of tort, statutes related to tort in Bangladesh. The scope of
developments in future. The Challenges and Limitations that hinders it's developement
process.This paper will also look into different scholar's argument and perspective regarding tort
law. There will be analysis of case laws. It will also focus on comparative development of tort
3
Huda, Taqbir and Huda, Taqbir, Vicarious Liability of Employers in the Law of Tort: Deciphering Bangladesh
Beverage Industries vs. Roswan Akhter and Others (October 25, 2016). 16(2) (2016) Bangladesh Journal of Law ,
Available at SSRN: https://ssrn.com/abstract=3058589
4
A.S.M.Tariq Iqbal,Adaptability of the Law of Tort in Bangladesh: An Interpretative,Banglavision, Page
162, ISSN: 2079-567X Vol. 14 • No. 1 • June 2014

5
. M Jashim Ali Chowdhury, University of Hull, Whiter the Law of Torts in Bangladesh?,Law Vision,
Critical Legal Studies Movement, Page-43,Issue:11,2012-2013
law in neighboring countries and circumstances where tortious liability can be put into effect.

Research Question: Whether Bangladesh Judiciary have adequate legal provisions, common
law practices and tort law application by judges to ensure fairness to individuals who have been
wronged by tortious liabilities?

Research Hypothesis: The Contemporary Practice of Tort Law in Bangladesh is ideal to secure
fairness to individuals whose rights have been violated.

Methodology:

The author will revisit both primary and secondary sources. The primary sources will include

Laws passed by the parliament of Bangladesh, policy, international convention, case laws, court

judgments,. The secondary sources will be consisting of books, newspaper article, journal article,

data analysis held by NGO and other legal organizations etc. The research will remain a desk

based research. Therefore the research methodology will persist as a doctrinal one.

Chapterization:

1. Introduction

2. Status of Tort Law Practice in Bangladesh

3. Criticism and Challenges

4. Comparison with neighbouring countries and Circumstances where tortious Liability can be
put into effect

4. Conclusion
Bibliography

Primary Sources :

Legislations/treaties:-

*Fatal Accidents Act, 1855 (Act No. XIII of 1855)

*Code of Civil Procedure, 1908 (Act No. V of 1908)

*Penal Code, 1860 (Act No. XLV of 1860)

*Transfer of Property Act, 1882, (Act No. IV of 1882)

* The Constitution of People’s Republic of Bangladesh

Judicial Decisions/Case Laws:-

* British American Tobacco Bangladesh Company Ltd vs Begum Shamsun Nahar 66 DLR (AD)
2014, 80

* Catherine Masud and others vs Md. Kashed Miah and others 70 DLR (HD) 2018

*Bangladesh Beverage vs Rowsan Aktar and Others 69 DLR 129

*Children’s Charity Bangladesh(CCB) Foundation v Government of Bangladesh (2017) 5

CLR 278 (HCD) The Jihad Case

*Donoghue v Stevenson(1932)
*Grameenphone Ltd. v Chairman, First Labour Court, Dhaka and Ors (2018) 70 DLR 581

* The Children’s Place and Wal-Mart Stores Inc.

*Wahid Mia alias Abdul Wahid Bhuiyan Vs Dr Rafiqul Islam and others(1997) 49 DLR 302

Secondary Sources :

1.Huda, Taqbir and Huda, Taqbir, Beyond Criminal Justice: Towards Tort Liability for Sexual
Violence Against Women (December 7, 2017). 17: 1 & 2 (2017) Bangladesh Journal of Law
201, Available at SSRN: https://ssrn.com/abstract=3595168

2.Huda, Taqbir and Huda, Taqbir, Vicarious Liability of Employers in the Law of Tort:
Deciphering Bangladesh Beverage Industries vs. Roswan Akhter and Others (October 25, 2016).
16(2) (2016) Bangladesh Journal of Law , Available at SSRN:
https://ssrn.com/abstract=3058589

3. Farhana Helal Mehtab, PhD, & Ali Mashraf. (2021). Decoding Children’s Charity Bangladesh
(CCB) Foundation v Government of Bangladesh: The First Ever Public Law Compensation Case
in Bangladesh and the Way Forward. BiLD Law Journal, 4(2), 9–31. Retrieved from
https://bildbd.com/index.php/blj/article/view/44

4.Md. Aktarul Alam Chowdhury, & Md. Hasnath Kabir Fahim. (2018). Medical Negligence and
Deceptive Medical Practices in Bangladesh Health Segment: an Appraisal. BiLD Law Journal,
3(2), 7–21. Retrieved from https://bildbd.com/index.php/blj/article/view/63

5. M Jashim Ali Chowdhury

University of Hull, Whiter the Law of Torts in Bangladesh?,Law Vision, Critical Legal Studies
Movement, Page-43,Issue:11,2012-2013

6.A.S.M.Tariq Iqbal,Adaptability of the Law of Tort in Bangladesh: An

Interpretative,Banglavision, Page 162, ISSN: 2079-567X

Vol. 14 • No. 1 • June 2014

7.Haider, N. . (2022). Development of the Laws of Tortious Liability in Bangladesh. Dhaka

University Law Journal, 32(1), 196–206. https://doi.org/10.3329/dulj.v32i1.57187

8.Application of Tort Law in Bangladesh: Prospects & Challenges, Mahmudul

Mursalin,Publisher : LAP LAMBERT Academic Publishing (July 18, 2014)

9."Why we need tort law", Delwar Hossain,Dhaka Tribune, Published at February 6th, 2019

10. "Limited Application of Tort Law in Bangladesh: Should We Be Concerned?",Salvia

Jannat,Dhaka Law Review,October 1, 2014

11. Tort Law in Bangladesh: Applications and Challenges:

Sakif Alam,1st Edition

First,Published30 November 2021,London

12.Selim Reza. (2021). Right to life: Life itself is not enough to protect life. BiLD Law Journal,
2(1), 115–124. Retrieved from https://bildbd.com/index.php/blj/article/view/86
13.Al-Shamayleh, N. J. . (2022). A Comparative Study of the Saudi Press and Publication
System’s Tort Responsibility for Violating Others’ Privacy . BiLD Law Journal, 7(1), 253–261.
Retrieved from https://bildbd.com/index.php/blj/article/view/192

14.Sexual Harassment in Workplace: Introducing the Principle of Tortious Liability in

Bangladesh, Jahid Al Mamun, Dhaka Law Review,July 1, 2017

15. Development of Tort Law in Bangladesh and Recent Case Decisions, Sadman Rizwan
Apurbo ,May 23, 2018, Dhaka Law Digest

16.Tort Practice in Bangladesh a Must, SM Golam Sahria, 8 July, 2020 12:00 AM,True and
Impartial Daily Sun

17. Dissecting KK’s Death in Legal Lens: Natural Death or Tortious Negligence?,Evnat
Bhuiyan,LawyersClubBangladesh.com, Published: 12 June, 2022

18.Tort law: A basic remedy we are missing,Dhaka Tribune,Salvia Jannat, Published March
20,2015

19.Need for Codification of Tort Law,International Journal of Law Management and

Humanities, Volume 5, Issue 5, Page 1547 - 1552,Anjali Lakhwani,ISSN 2581-5369
20. Public Law Compensation in Bangladesh An Analysis ,Md Akramul Haque, January2022,
Research Paper