Preparation For BJSC Examination

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Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service

Examination.

There always exists a diversity of choice in legal profession. Everyone has his own thinking and
his own choice. Today’s discussion is mainly based on how to start for up-coming judiciary
exam. With my little knowledge and experience I just want to say something about this. I think it
will be helpful for you. My juniors who are now in 3rd Year, you all have a great opportunity and
a long time for completing your preparation smoothly for the Judiciary exam. So don’t be worry
about that. Moreover, who are now in 4th Year if you get the upcoming circular then you have to
start in a different way. If you get this circular then you need to follow SPECIAL
TECHNIQUES. And the juniors who are now in 1st year you should only concentrate to your
academic result and who are now in 2nd Year you should start to collect books and notes for
Bangal , English, Math, Science, Bangladesh Affairs and International Affairs as per the
Syllabus of BJS exam. There is nothing to say for LL.M. They all know about the FIGHT.

This paper will be helpful for all i.e. 1st Year (only to collect and to match this syllabus with your
academic syllabus with the related subjects of first year), 2nd Year (only to collect and to match
this syllabus with your previous academic syllabus of first year and second year and to make-up
those parts which you don’t know well/which you missed),3rd Year( take this syllabus as a part
of your 4th academic syllabus when you will finish the exam of 3rd year), for 4th Year, and LL.M
nothing to say. They all know now how to use this.

❖ Now I am starting my discussion.

First, we have to know the syllabus in details. Because it will help us to know the area, from
which the questions may be asked in the exam.

Then we have to read the previous questions (i.e. questions of the preliminary and the written
exam) in a very attentive mood for 2/3 times. The more we read and analyze the previous
questions, the more we will be able to know which topics/ chapters are important and how to
prepare ourselves for the upcoming exam/exams. This is the most important part for taking a
good preparation.

The total syllabus can be divided into 2 parts. The general subjects and the laws. The general
subjects are divided into Bangla, English, Bangladesh Affairs and International Affairs, General
Mathematics and Everyday Science. Among these, the most important area is General
Mathematics and Everyday Science. Therefore, we have to prepare ourselves by thinking the
importance of Math and Science in your mind. The laws that are included in the Bangladesh
Judicial Service (afterward mentioned as BJS) exam syllabus can be divided into 2 groups.
Mainly, Major laws and the Special laws. In the major laws, we all have the common concept
and the marks in the exam papers in these laws will not create a huge gap in number among the
candidates. However, in the special laws, there may be a huge difference in number among the
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candidates. Therefore, we should try to take the best preparation in the special laws.
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Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 1


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

Briefly, Math & Science and the Special Laws are the number zone for the BJS examination.
If we can take a good preparation in this zone, then we will be able to win the race very
smoothly. Point to be noted that-it is not the matter to face VIVA or to qualify in the preliminary
or in the written exam-it is the matter to get the job by proving ourselves and to sit in the chair of
a judge in time. This is the main point for consideration.

If we look at the syllabus of the BJS examination, then it will be clear to us that it is not a very
easy task to complete the whole syllabus in a very short time and with a little effort. However,
there is an easy way to complete the syllabus according to the needs of the exam. In this regard,
the previous questions of the BJS exam will help us a lot. By understand the question pattern we
can take preparation for some laws with great care and for the other laws we can take an average
preparation. This may be called ‘‘RISK TAKING’’-theory .Without taking risk, it is not
possible to do well in the exam (this is my opinion only, other may oppose). For learning, we
will surely go through the full text of laws, related textbooks and case laws. Nevertheless, when
it is related to exam, in this context the examiner will ONLY JUDGE your exam papers based on
those specific questions ONLY- but not on your extra knowledge in the whole subject.
Therefore, we should be careful about this.

2nd Part of the BJS Syllabus

Compulsory laws.

❖ Civil Laws.

i. The Code of Civil Procedure, 1908


ii. The Specific Relief Act, 1877
iii. The Limitation Act, 1908
iv. The Civil Courts Act, 1887
v. The Court-Fees Act, 1870 & The Suits Valuation Act, 1887
vi. ADR and Legal Aid.
N.B. if we look at the optional part of the syllabus, then we can see that this ADR and Legal
Aid is also included, if we take NARI O SHISHU (i.e. serial number 01 of optional part of the
syllabus) as our optional subject , in that portion also. So while taking preparation we can make a
combination between this two parts of the syllabus. Because in the study of law we have to relate
one law with the other. It is a beautiful art. The more you will understand the core points of a
law, the more you can relate one law with the others.

In civil laws part, Number zone exists here in-

i. The Civil Courts Act, 1887


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ii. The Court-Fees Act, 1870 & The Suits Valuation Act, 1887
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Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 2


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

Because we generally take an average preparation for these two laws. However, point to be noted
that in terms of EASY QUESTION from civil law part- the questions from the Specific Relief
Act, 1877 and the Limitation Act, 1908 will help us a lot to do better in this part according to this
syllabus. Nevertheless, if we analyze the question pattern from the civil laws in the recent years
then we will be able to know that RISK should not be taken here. In terms of HARD
QUESTION-, if we do not take the best preparation then we will miss the number zone here.
Definitely, that will create obstacles to win the race. Surely, you will face hard question from this
part (i.e. civil law) in the written exam. Therefore, for overcoming this problem, only way is
open and that is to take the best preparation in the number zone of this part. In addition, the Civil
Courts Act, 1887 is important for the preliminary exam and for the VIVA. There is also a link
between the CPC, 1908 and the Civil Courts Act, 1887. While taking preparation of this part we
all have to keep in mind of these all things.

❖ Criminal Laws

i. The Code of Criminal Procedure, 1898


ii. The Penal Code, 1860
Special Laws.
i. The Special Powers Act, 1974
ii. The Arms Act, 1878
iii. Ain Sringkhola Bighnokari Oporadh(Drutho Bichar) Ain,2002
iv. Madok Drabbya Niontron Ain, 1990.
v. The Negotiable Instruments Act, 1881
N.B. in these special laws, the number zone exists. If we take a good preparation in these above
laws namely-

i. The Special Powers Act, 1974


ii. The Arms Act, 1878
iii. Ain Sringkhola Bighnokari Oporadh(Drutho Bichar) Ain,2002
iv. Madok Drabbya Niontron Ain, 1990.
v. The Negotiable Instruments Act, 1881
Then we will be able to defeat others in the main competition for getting job. There are some
techniques (which I followed) in special laws of this part. I learnt about it at the beginning of my
4th year from a senior brother. According to his suggestion for these laws- we have to know (a)
what are the offences under a specific law,(b) definition of that offence/what are the pre-
conditions for constituting that offence/what are the core characteristics of that offence/what are
the different dimensions of that offence(c) what are the punishments (i.e. maximum and
minimum punishment), (d) which court is authorized to hear the case, (e) who will sit as a judge
in that court, (f) what is the trial procedure ,(g) what is the time limit for completing the case by
that concerned court,(h) what is the investigation procedure,(i) who is empowered to
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investigate,(j)what is the time limit to complete the investigation, (k) what are provisions of
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appeal, review and revision( i.e. specific section of appeal , review, revision and the limitation
Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 3
Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

period; who/which court will hear the appeal, review and revision and what is the remedy against
the order which has been given in that appeal, review, revision),(l) what is/are the pre-condition/
conditions for filling an appeal/review/revision,(m)which law will be applicable for these
appeal/review/revision,(n) provisions regarding search, seizure and confiscation (i.e. specific
section of search, seizure and confiscation ;who/which authority is empowered to do so; what are
remedies against that order of search/seizure/confiscation) etc.

For better understanding, I am putting some questions without giving the choice. These questions
will give you a concept regarding which questions are important in the Preliminary exam from
these laws.

Acts:-

I. The Special Powers Act,974


II. The Arms Act,1878
III. The NI Act,1881
IV. The Dowry Prohibition Act, 1980.

List of questions:-

1. Section 7 of the NI Act, 1881 deals with-


2. Canceling and suspension of license deals with Section …………………..of Arms Act,
1878.
3. What is the Limitation period of taking Cognizance of offences under the Dowry
Prohibition Act, 1980-
4. Section 5 of the NI Act, 1881 deals with-
5. Who will sit as a judge in the Special Tribunal formulated under the Special Powers
Act,1974-
6. In which section of Arms Act, 1878 ‘’Power to confiscate’’ has been discussed-
7. Section 9 of the NI Act, 1881 deals with-
8. What is the penalty for violating section 19 of Arms Act, 1878-
9. Who can take Cognizance of offences under the Dowry Prohibition Act, 1980-
10. What is the penalty for violating section 22 of Arms Act, 1878-
11. Section 138A of the NI Act, 1881 deals with-
12. Offences under the Dowry Prohibition Act, 1980 are-
13. When the cause of action arises under section 138 of the NI Act, 1881 for filling a suit-
14. What is the penalty for violating section 23 of Arms Act, 1878-
15. Section 138 of the NI Act, 1881 deals with-
16. Who has the Power to exempt under the Arms Act, 1878-
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17. What is the penalty for violating section 25B of the Special Powers Act,1974-
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18. What is the Penalty for giving or taking dowry under the Dowry Prohibition Act, 1980-
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Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

19. Section 4 of the NI Act, 1881 deals with-


20. What is the penalty for violating section 20 of Arms Act, 1878-
21. Section 8 of the NI Act, 1881 deals with-
22. In which section of Arms Act, 1878 ‘‘Time limit for completion of investigation’’ has
been discussed-
23. Section 13 of the NI Act, 1881 deals with-
24. Under which section of the Dowry Prohibition Act, 1980 Govt. has Power to make rules
under this Act-
25. What is the penalty for violating section 19A of Arms Act, 1878-
26. Section 15 of the NI Act, 1881 deals with-
27. What is the penalty for violating section 25B of the Special Powers Act,1974-
28. Section 6 of the NI Act, 1881 deals with-
29. What is the limitation of proceedings under the Arms Act,1878-
30. What is the Penalty for demanding dowry under the Dowry Prohibition Act, 1980-
31. Section 140 of the NI Act, 1881 deals with-
32. State the duration of’ ‘Time limit for completion of investigation’’ under the Arms
Act,1878-
33. What is the Restriction in respect of appeal under the NI Act,1881-
34. What is time limit of preferring an appeal under the Special Powers Act,1974
35. In which section of Arms Act, 1878 ‘‘Search and seizure by Magistrate’’ has been
discussed-
36. What is punishment of Dishonour of cheque for insufficiency, etc., of funds in the
account under the NI Act,1881-
37. The Offences under the Special Powers Act,1974 to be –
38. What is the minimum punishment u/s-138 of the NI Act,1881-
39. What is the penalty for violating section 25 of the Special Powers Act,1974-
40. What is the penalty for violating section 21 of Arms Act, 1878-
41. What is the penalty for violating section 25A of the Special Powers Act,1974
42. In which section of the Special Powers Act,1974 Appeals and confirmation of death
sentences has been discussed-
43. What are the pre-conditions for filling a suit under section-138 of the NI Act,1881-
44. What is the penalty for violating section 25C of the Special Powers Act,1974-
45. What is the penalty for violating section 25D of the Special Powers Act,1974-
46. Who can take Cognizance of offences under the NI Act, 1881-
47. What is the penalty for violating section 20A of Arms Act, 1878-
48. Section 10 of the NI Act, 1881 deals with-
49. Execution of death sentences under the Special Powers Act, 1974 has been discussed in
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section…
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50. Section 141 of the NI Act, 1881 deals with-

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Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

❖ Family Laws

i. Muslim law
ii. Hindu law
Other Laws.
i. The Family Courts Ordinance, 1985
ii. The Muslim Family Laws Ordinance, 1961
iii. The Guardians and Wards Act, 1890
iv. পারিবারিক সর িংসতা (প্ররতরিাধ ও সুিক্ষা) আইন, ২০১০
v. The Dowry Prohibition Act, 1980
N.B. we can take an average preparation for the Guardians and Wards Act, 1890. For the other
laws we will take a good preparation. Nevertheless, in the preliminary exam there may be MCQ
from the Guardians and Wards Act, 1890. In my exam, I did not take any preparation for this
law. In the preliminary exam, I missed one number. Nevertheless, it caused no harm to me in the
written exam. It will happen to you also if you do the same thing. Choice is yours. As the size of
the Guardians and Wards Act, 1890 Act is not so small, it is better not to go through in details in
it. In other laws of this part, there exists number zone. Forty numbers are allotted in these
other laws in the written exam. Therefore, we should take the best preparation in-

i. The Family Courts Ordinance, 1985


ii. The Muslim Family Laws Ordinance, 1961
iii. পারিবারিক সর িংসতা (প্ররতরিাধ ও সুিক্ষা) আইন, ২০১০
iv. The Dowry Prohibition Act, 1980
Surely you will get at least three MCQ from these four laws in the preliminary exam. Therefore,
these four laws will help you both in the preliminary and in the written exam. If we look at the
syllabus then we can be able to find out that only the names of these laws have been include
there. There has not been given detail syllabus for these four laws. That means, we have to go
through full text of these laws. However, the previous questions (both the preliminary and the
written) will help us to know the areas that are must according to the needs for exam. The topic
“Succession” from the Muslim law and Hindu law is a very common and important topic of
the judiciary preliminary and written exam. In the written exam, the number zone also exits here
(i.e. in succession chapter).The students of 1st year; it is your time to take the best preparation in
succession chapter (both in Muslim law and in Hindu law). It will help you a lot both in -
academic result, in the judiciary exam and in the practice as well. For the portion of Muslim Law
and the Hindu Law of this part, the previous questions of the BJS written exam are enough for
taking a sound preparation. Number in the exam papers may vary among the candidates in this
part i.e. Family Laws. Therefore, we should be very careful about this. It is preferable to solve
these questions by discussing with other friends. It is very helpful.
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❖ Constitutional law, General Clauses Act and Evidence Act

Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 6


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

i. Constitutional law
ii. The General Clauses Act,1897
iii. The Evidence Act, 1872.

N.B. point to be noted that only in Evidence Act, 1872 there are 50 marks. In addition, in the rest
of the subjects there are 50 marks. Therefore, we will take preparation first for the Evidence Act
and then for the rest in the time of written exam. However, in the preliminary exam (especially in
the 11th BJS exam) the number of the question from Evidence Act was very few i.e. 1 or 2.
Nevertheless, in the upcoming exam, there may be (not sure) a reverse situation of this. For
Constitutional Law we should read only the previous questions. This is more than enough for the
written exam. However, for the preliminary exam we will go through the whole constitution.
Interesting thing is that- in the preliminary exam the question from the constitution will be asked
from that portion which you will think that these are not important. However, in the exam hall
you will be proved wrong. Therefore, we should take a solid preparation from the constitution.
Because, in the VIVA this will help us a lot. Surely, you will be asked question from the
constitution in VIVA also. In the previous syllabus of the BJS exam Interpretation of Statutes
was also included with the General Clauses Act, 1897. Now only the General Clauses Act, 1897
is included. However, question may be asked only from the Interpretation of Statute part making
that question as a compulsory one. (Please check the 11th BJS exam written question of this part).
In the 10th BJS written exam there was given no option of question from the General Clauses
Act, 1897 i.e. the question from the General Clauses Act, 1897 was made compulsory.
Therefore, we should be very careful while taking our preparation from the Interpretation of
Statute and the General Clauses Act, 1897. However, the Interpretation of Statute is not included
in the syllabus, but we have to know the basic of that also. Nevertheless, in the 12th BJS written
exam the General Clauses Act, 1897 may be getting preference. (It is my opinion only)

➢ Land law, Contract, Registration, Transfer of Property and others laws

i. The Transfer of Property Act, 1882


ii. The Contract Act, 1872
iii. The State Acquisition and Tenancy Act, 1950
iv. The Non-Agricultural Tenancy Act, 1949
v. The Registration Act, 1908
vi. The Small Cause Courts Act, 1887

N.B. I do not mention the name of last law (Bari Vara Ain). We can take this risk for
preliminary, written and VIVA in terms of Bari Vara Ain. It is a safe risk taking. However, for
the above-mentioned laws of this part i.e. Land law, Contract, Registration, Transfer of
Property and others laws, we should take the best preparation. This part is very very
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important for Preliminary, Written and VIVA. Surely, you will be asked questions from this
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part in the VIVA. I want to share my experience in this regard of my VIVA. In my VIVA Voice-

Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 7


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

, the first question was asked from the Registration Act, 1908. And it was a direct question from
the written question paper. Therefore, it is better to solve the full written question papers before
entering into the VIVA exam. You will be asked question directly from the written exam (of
your year) in the VIVA. The most important and difficult portion from the Transfer of Property
Act, 1882 are (a) Mortgage, (b) Lease. Therefore, we have to go through the full portion of
mortgage and lease from the Act. This will take a long time. So, the students who are now in 2nd
year it is your time to take the best preparation in the Transfer of Property Act, 1882(hereafter
mentioned as TP Act). There exists a link/links among the TP Act, 1882, the Registration Act,
1908, the Code of Civil procedure, 1908 and the Civil Courts Act, 1887. While taking
preparation in these laws we have to find out those links and to take a combined preparation for
these laws. There also exits link/links among the Code of Civil procedure, 1908, the Small Cause
Courts Act, 1887, and Civil Courts Act, 1887. So while taking preparation we have to find out
that link and to write down those important key words in a notebook/ in a separate Katha/ to save
those points in our Personal Computer. That will be very helpful to revise those laws in the time
of preliminary, written and VIVA preparation.

Now I am summarizing my speech about I have discussed yet in law portion. First, we have to
take preparation of the major laws. Such as-

i. The Code of Civil Procedure, 1908 , the Specific Relief Act, 1877 and the Limitation
Act, 1908
ii. The Code of Criminal Procedure, 1898
iii. The Penal Code, 1860
iv. The Evidence Act, 1872
v. Constitutional law and the General Clauses Act,1897
vi. The Transfer of Property Act, 1882 and the Registration Act, 1908
vii. The Contract Act, 1872
viii. The State Acquisition and Tenancy Act, 1950
ix. The Non-Agricultural Tenancy Act, 1949

Then we have to take preparation of number zone in law part that I have discussed already.

Model Test books on MCQ (these books are mainly written for the Bar Council preliminary
exam), which are available in the market, these can help us a lot for the up-coming BJS
preliminary exam in the major laws. We should collect at least three model test books from the
market. These books will also help us in the VIVA. If you find any (but I did not find any but I
heard about it) Model Test book fully matched with the pattern of BJS preliminary exam i.e.
Bangla, English, Math, Science, Bangladesh Affairs-International Affairs and Law part you
should definitely collect that book. If you find any model test book (but I did not find any) for
written exam of the BJS exam you should collect it and try to practice those question from that
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book according to the rules of the exam i.e. within 3 hours. It will definitely help you.

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Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

It is preferable to start the BJS preparation with some other friends. It will not be always possible
to complete the whole syllabus only by yourself in a very short time. Group study is preferable
in law part at the beginning of 4th year. This will definitely help you. In BJS exam, questions are
mainly asked from the practical aspects of law. Therefore, we should be very careful about this.

Problematic question is very common in the written exam. For that, we should go through the
illustrations/examples of related sections of different Acts. However, 100% will not be from
these illustrations/examples in the exam but it will definitely help us to know the laws and to
answer those problematic questions based on those examples. For getting more marks than others
in the problematic question part-, there are some techniques. I will discuss about it later on. Now
I am only putting some previous questions of the BJS exam from the Specific Relief act, 1877.

1. X is the owner of a land. But the land was recorded in the name of Y due to mistake of survey
employees. By taking advantage of the wrong recording Y dispossessed X from the land. What
remedy is available to X? Justify your answer with reference to law.(Year-2010)
2. The plaintiff ‘A’ being a bargadar of the defendants ‘B’, ‘C’, ‘D’ and ‘E’ purchased 63 decimals
land by registered deed for a consideration of Tk.10,000 on 09/09/1978 knowing particulars of
the defendants title. Subsequently, on security, it came to the plaintiff’s knowledge that the
defendants were owner of ¼ of share and no title passed to the plaintiff of the extent of remaining
¾th share in question. So, the plaintiff instituted a ‘money suit’ for getting back the consideration
money of Tk. 7,500 from the defendants. In the trial, it was pleaded that the suit was hit by
section 35 of the Specific Relief Act, 1877 and that the said ¾th share of the property possessed
by the defendants has been vested property as the original owners left this country for India but
no evidence in this regard was produced. Is the plaintiff entitled to get back the consideration
money on the plea of possession of contract? Explain. (Year-2014)
3. ‘A’ has a piece of land in his possession. The land was his paternal property. He was dispossessed
from his land by an influential neighbour who claimed to have got the land by way of purchase
from the father of ‘A’. According to ‘A’ the kabala is forged and fraudulent. Discuss the
remedies of ‘A’ under the Specific Relied Act, 1877. (Year-2017)

You have to very very and very patient in the whole BJS exam; specially in the written exam.
You have to appear in those written exams without any break. You will only get less than 20
hours for taking your preparation between those exams. Within these 20 hours, you have to
curtail your time for sleeping, eating and getting your total preparation for the next exam. That
means, before the date of the written exam you have to complete your BJS syllabus very
confidently without leaving any subject for the exam time. Exam time will be definitely the
busiest time in your life if you take the exam seriously. It will be even very difficult to take with
your family members in that time.

In the BSJ exam, you will feel that in one Act you will see that for filling an appeal under that
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Act the limitation period is e.g. 30 days but under others Act it is e.g. 45/60/90 days. You will
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also see that different courts are empowered under different laws or same court is empowered to

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Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

try a case under two/ more Acts. These will create confusions in the preliminary and the written
exam. Especially in the preliminary exam and in the VIVA. Because you have to remember all
the laws at a time in these two examinations. Therefore, you should maintain an extra notebook
for that or to save that information in your personal computer. You may save these kinds of
information in the following way-

APPEALS-

➢ অর্থ ঋণ আদালত আইন, ২০০৩

ধািা-৪১৷ আপীল দারেি ও রনষ্পরি সম্পরকি ত রবরেষ রবধান-50%

▪ For more than 50 Lac THEN-APPEAL To the HCD( within 60 Days)


▪ 50 Lac/less than 50 Lac THEN-APPEAL to the District Judge Court(within 30 Days)
▪ 50% decreed money should be given here for preferring Appeal.

ধািা-৪২৷ রিরিেন দারেি ও রনষ্পরি সম্পরকি ত রবধান-75%

▪ No revision to the District Judge Court.


▪ Revision to HCD from the Decree of the of the District Judge Court.(***75% Decreed
money should be paid here then the Revision will be Preferred to the HCD)

ধািা-৪৩৷ সুপ্রীম ককারটিি আপীল রবিারে আপীল

▪ From the Judgment/Decree/Order of the HCD (in case of Appeal/ Revision)-TO the AD.

➢ মারনলন্ডারিিং প্ররতরিাধ আইন, ২০১২


▪ আপীল-TO HCD(Within 30 Days)
➢ মানব পাচাি প্ররতরিাধ ও দমন আইন, ২০১২
▪ আরপল-To HCD (Within 30 Days)
▪ 180 Days.(To complete)

➢ রিশু আইন, ২০১৩


▪ আরপল ও পুনরবিরবচনা-Appeal/Revision To HCD. (60 Days)

➢ নািী ও রিশু রনর্থ াতন দমন আইন, ২০০০


▪ আপীল –To HCD ( within 60 Days)
10

▪ 180 Days .(To Complete)


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Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

➢ দুনীরত দমন করমিন আইন, ২০০৪


▪ Appeal TO-HCD.

➢ ICT Act, 2006.


▪ Cyber Tribunal TO Cyber Appellate Tribunal.

➢ The Environment Act, 2010.


▪ Only under this Act appeal is possible.
▪ Appeal from Special Magistrate Court TO Environment Court.
▪ Appeal from Environment Court TO Environment Appellate Court.
▪ 25% of the money Decreed.(it is a pre-condition)
▪ Within 30 Days.

➢ The Bangladesh Environment Conservation Act, 1995.

Appeal-(within 30 days; should be solved within 3 months)

▪ To the Appellate Authority


▪ Within 30 Days.
▪ The Appeals should be solved within 3 months.

➢ Law and Order Obstructive Offence(Speedy Trial) Act, 2002.


▪ Appellate Court- Sessions Court.

➢ Dowry Prohibition Act,1980.


▪ Appellate Court- Sessions Court.
➢ MFLO,1961-

Revision from the Arbitration Council TO-Assistant Judge

▪ In Polygamy
▪ In Maintenance.

➢ The Family Courts Ordinance, 1985.


▪ Family Court (Assistant Judge) TO---District Judge. Limitation-30 Days.

➢ The Domestic Violence (Prevention & Protection) Act,2010


▪ Appeal TO Sessions Judge.
11

▪ Limitation of Appeal-within 30 Days.


Page

▪ Disposal of appeal-within 60 Days.

Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 11


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

➢ N.I. Act, 1881

APPEAL

▪ Joint Session Judge-To-Sessions Judge(within 30 Days)


▪ Sessions Judge/ Additional Sessions Judge-TO- HCD( within 60 Days)

For a case U/s-138(Dishonour of Cheque) of the N.I. Act, 1881-

▪ Appeal;
▪ Review;
▪ Revision (U/s-439 of the Cr.P.C., 1898-Appeal To HCD, U/s-439A of the Cr.P.C., 1898-
Appeal To Sessions judge of the Cr.P.C., 1898) all are possible.

➢ The Special Powers Act, 1974, the Arms Act, 1878, the Explosive Substances Act, 1908,
the Emergency Powers Act, 1975.
▪ Special Tribunal (Sessions Judge/Additional Sessions Judge/ Joint Sessions
Judge/Metropolitan Magistrate /Magistrate of first class)-APPEAL- TO HCD( within 30
Days)

COURTS-

✓ Main Part:-

I. Joint District Judge.


▪ অর্থ ঋণ আদালত আইন, ২০০৩.
▪ The Environment Court Act, 2010.

II. Sessions Judge/ Add. Sessions Judge.


▪ মানব পাচাি প্ররতরিাধ ও দমন আইন, ২০১২
▪ ICT Act, 2006.(Cyber Tribunal-S.68)

ধািা-৮২৷ সাইবাি আপীল ট্রাইবুুনাল গঠন -


12

▪ সিকাি, এক বা একারধক সাইবাি আপীল ট্রাইবুুনাল, েঠন করিরত পারিরব৷


Page

Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 12


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

▪ একজন কচোিমুান এবিং দুইজন সদরসুি সমন্বরে েঠিত ইরব৷


▪ কচোিমুান এমন একজন বুরি ইরবন রিরন সুপ্রীমরকারটিি রবচািক রিরলন বা আরিন বা অনুরূপ
রবচািক র সারব রনরোে লারিি কিােু এবিং
▪ সদসুেরেি মরধু একজন ইরবন রবচাি কমিরবিারে রনিুি একজন কমিিত অথবা অবসিপ্রাপ্ত কজলা
জজ এবিং
▪ অনু জন ইরবন তথু কিাোরিাে ও প্রিুরি রবষরে রনধিারিত জ্ঞান ও অরিজ্ঞতা সম্পন্ন একজন বুরি৷
▪ Term of office: Minimum-3 YR; Maximum-5 YR.

III. District & Sessions Judge. ( Additional District & Sessions Judge)
▪ নািী ও রিশু রনর্থ াতন দমন আইন, ২০০০.(S.26)

IV. Additional Sessions Judge/ District & Sessions Judge.


▪ রিশু আইন, ২০১৩.(S.16)

V. District Judge./ District & Sessions Judge.


▪ Environment Appellate Court.(Under Environment Act,2010)

VI. Special Judge:- Sessions Judge, Add. Sessions Judge; Joint Sessions Judge.
▪ মারনলন্ডারিিং প্ররতরিাধ আইন, ২০১২.
▪ দুনীরত দমন করমিন আইন, ২০০৪.

VII. Assistant Judge:-


▪ MFLO,1961
▪ The Family Courts Ordinance, 1985.

VIII. Special Tribunal. Sessions Judge; Additional. Sessions Judge; Joint Sessions
Judge.(MM/M:1st )(MM/M:1st –Max.7 YR; 10TH )
▪ The Special Powers Act, 1974.
▪ The Arms Act, 1878.
▪ The Explosive Substances Act,1908
▪ The Emergency Powers Act,1975

[N.B. Here, MM=Metropolitan Magistrate, M:1st=Magistrate of First Class, Max.=Maximum,


10th =10,000TK]
13

IX. Court of Sessions-NI Act,1881


▪ Sessions Judge
Page

Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 13


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

▪ Additional Sessions Judge


▪ Joint Sessions Judge

[Court of Sessions =Sessions Judge, Additional Sessions Judge and Joint Sessions Judge]

X. M:1st
▪ Law and Order Obstructive Offence (Speedy Trial) Act,2002
▪ Dowry Prohibition Act,1980

N.B. Durotho Bichar Adalat (Speedy Trial Tribunal) =M:1st (i.e. M:1st =Magistrate of First Class
will be the judge of this court)

XI. JM/MM
▪ The Domestic Violence (Prevention & Protection)Act,2010

[N.B. here, JM=Judicial Magistrate, MM=Metropolitan Magistrate.]

✓ Discussion:-

অর্থ ঋণ আদালত আইন, ২০০৩-

S.4-আদালত প্ররতষ্ঠা-

▪ Joint District Judge.

The Environment Court Act, 2010.

S.4-Environment Court-

▪ Joint District Judge.

S.20-Environment Appellate Court-

▪ District Judge/
▪ District & Sessions Judge.

মানব পাচাি প্ররতরিাধ ও দমন আইন, ২০১২

ধািা-২১। মানব পাচাি অপিাধ দমন ট্রাইবুুনাল েঠন –


14

Sessions Judge/ Additional Sessions Judge.


Page

ICT Act, 2006

Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 14


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

ধািা-৬৮৷ সাইবাি ট্রাইবুুনাল েঠন-Sessions Judge/ Add. Sessions Judge.

ধািা-৬৯৷ সাইবাি ট্রাইবুুনারলি রবচাি পদ্ধরত

▪ Report of S.I./Controller/ Any other authorized person.


▪ Cr.P.C.,1898.( Chapter-23)

ধািা-৮২৷ সাইবাি আপীল ট্রাইবুুনাল েঠন -

▪ সিকাি, এক বা একারধক সাইবাি আপীল ট্রাইবুুনাল, েঠন করিরত পারিরব৷


▪ একজন কচোিমুান এবিং দুইজন সদরসুি সমন্বরে েঠিত ইরব৷
▪ কচোিমুান এমন একজন বুরি ইরবন রিরন সুপ্রীমরকারটিি রবচািক রিরলন বা আরিন বা অনুরূপ
রবচািক র সারব রনরোে লারিি কিােু এবিং
▪ সদসুেরেি মরধু একজন ইরবন রবচাি কমিরবিারে রনিুি একজন কমিিত অথবা অবসিপ্রাপ্ত কজলা
জজ এবিং
▪ অনু জন ইরবন তথু কিাোরিাে ও প্রিুরি রবষরে রনধিারিত জ্ঞান ও অরিজ্ঞতা সম্পন্ন একজন বুরি৷
▪ Term of office:Min.3 YR; Max.5 YR

ধািা-৮৩৷ সাইবাি আপীল ট্রাইবুুনারলি এখরতোি ও পদ্ধরত

▪ সাইবাি ট্রাইবুুনাল এবিং দােিা আদালত কততি ক প্রদি িাে ও আরদরেি রবরুরদ্ধ আপীল শ্রবে ও রনষ্পরি
করিবাি এখরতোি আপীল ট্রাইবুুনারলি থারকরব৷
▪ সুপ্রীমরকারটিি াইরকাটি রবিাে ক ৌজদািী আপীল শুনানী ও রনষ্পরিি জনু কিইরূপ পদ্ধরত অনুসিে
করিো থারক আপীল ট্রাইবুুনাল কসইরূপ পদ্ধরত, প্ররোজনীে অরিরিাজনস , অনুসিে করিরব৷
▪ সাইবাি ট্রাইবুুনাল কততি ক প্রদি িাে বা আরদে ব াল, বারতল, পরিবতি ন, বা সিংরোধন করিবাি ক্ষমতা
আপীল ট্রাইবুুনারলি থারকরব৷
▪ আপীল ট্রাইবুুনাল কততি ক প্রদি রসদ্ধান্ত চূ ড়ান্ত ইরব৷

নািী ও রিশু রনর্থ াতন দমন আইন, ২০০০

ধািা-২৬৷ নািী ও রেশু রনিিাতন দমন ট্রাইবুুনাল –District & Sessions Judge. (Additional District &
Sessions Judge)

ধািা-২৭৷ ট্রাইবুুনারলি এরততোি –S.I. / any person authorized / By Complainant (any aggrieved
person)
15

রিশু আইন, ২০১৩


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Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 15


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

ধািা-১৬। রেশু-আদালত রনধিািে, ইতুারদ-Additional Sessions Judge/ District & Sessions Judge.

মারনলন্ডারিিং প্ররতরিাধ আইন, ২০১২

ধািা-৯। অপিারধি তদন্ত ও রবচাি- Special Judge= Sessions Judge, Additional Sessions Judge/
Joint Sessions Judge.

দুনীরত দমন করমিন আইন, ২০০৪

ধািা-২৮৷ অপিারধি রবচাি, ইতুারদ- Special Judge= Sessions Judge, Add. Sessions Judge, Joint
Sessions Judge.

Punishment-

[Here, M. =Month, YR=Year, /=or, T.K. =Taka, ++=Both. For example “1YR/1000T.K./++” in
terms of offence causing “ hurt” means for causing hurt punishment is imprisonment upto one
year OR fine upto taka 1000 OR both i.e. upto 1 year imprisonment and fine upto 1000 taka.
This rule is applied here for all the examples. The sections, which have been stated here means
that in that specific section the definition of the offence is given (but these sections are not those
under which the punishment is given)]

First Part- Punishment under the Penal Code, 1860

I. 1YR/1000 T.K./++
▪ Hurt.(S.319)
▪ House-trespass.(S.442)
▪ Wrongful confinement.(S.340)
II. 1YR/Fine/++
▪ Cheating.(S.415)
▪ Trade Mark.(S.478)
▪ Property Mark.(S.479)
▪ Using a false trade mark.(S.480)
▪ Using a false property mark.(S.481)
III. 3M./500 T.K./++
▪ Criminal force.(S.350)
▪ Assault. (S.351)
IV. 3M./Fine/++
▪ Mischief.(S.425)
16

V. 3YR/Fine/++

Page

Theft.(S.378)

Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 16


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

▪ Extortion.(S.383)
▪ Criminal Breach of Trust.(S.405)
▪ Dishonestly receiving stolen property.(S.411)
▪ Assistance in concealment of stolen property.(S.414)
VI. 2YR/ Fine/++
▪ Forgery.(S.463)
▪ Rioting.(S.146)
▪ Misappropriation of Property.(S.403)
▪ House Breaking.(S.445)
VII. 6M./Fine/++
▪ Criminal Conspiracy.(S.120A)
▪ Unlawful assembly.(S.141)
▪ Being hired , take part in Rioting.(S.158)
VIII. 6M./1000Tk/++
▪ Nuisance.(S.268)
IX. 7 YR/Fine/++
▪ Kidnapping.(S.359)
▪ Exposure and abandonment of child under twelve years by parent or person having care
of it.(S.317)
▪ Giving false evidence. (S.191)
▪ Fabricating false evidence.(S.192)
X. 7YR
▪ Grievous hurt(S.320)

Second Part- Punishment under the others laws.

(Here, D. =Death sentence, L.I. =Life Imprisonment, Min. =Minimum, Max. =Maximum)

I. Under Dowry Prohibition Act,1980-Min.1 YR, Max.-5YR


II. Under Law and Order Obstructive Offence (Speedy Trial) Act,2002-Min.2YR,Max.-
5YR
III. Under the Special Powers Act,1974

S.25. Penalty for hoarding or dealing in black-market-D./L.I./Max.14YR + Fine (Hoarding


without making profit-3 Months.+ Fine)

S.25A. Penalty for counterfeiting currency-notes and Government stamps- D./L.I./Max.14YR +


Fine
17

S.25B. Penalty for smuggling-


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Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 17


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

▪ Evading payment of customs duties- D./L.I./Max.14YR; Min.-2 YR + Fine.


▪ Any goods the bringing of which into Bangladesh is prohibited-Max.7 YR; Min.-1 YR +
Fine.

S.25C. Penalty for adulteration of, or sale of adulterated food, drink, drugs or cosmetics-

▪ D./L.I./Max.14YR + Fine( Normal products)


▪ Hair Oil, Toilet Shop etc - 5 YR + Fine.

IV. Under the Arms Act, 1878


▪ Violation of Section 19. - L.I. / Min.-7 YR + Fine.
▪ Violation of Section 19A.-L.I./Min.-10 YR + Fine
▪ Violation of Section 20.-
-On any search being made under section 25 conceals or attempts to conceal any arms,
ammunition or military stores-Max.-7YR/ Fine/++
-In respect of a pistol, revolver, rifle or shot gun or other fire-arm- L.I./Max.14 YR +
Fine.(Transportation for life on any shorter term, or with imprisonment for a term which
may extend to fourteen years, or with fine.)
▪ Violation of Section 20A. - Enhanced punishment in certain cases- D./L.I./Max. 14 YR+
Fine.
▪ Violation of Section 21.- For breach of license –upto 6 Months/upto 500TK/++
▪ Violation of Section 22.- For knowingly purchasing arms, etc., from unlicensed person
For delivering arms, etc., to person not authorized to possess them- upto 6 Months/upto
500TK/++
▪ Violation of Section 23.-Penalty for breach of rule-upto 1 Month/upto 200TK/++

V. মাদকদ্রবু রনয়ন্ত্রণ আইন, ১৯৯০


ধািা-১৯৷ ধািা ৯ এি রবধান লঙ্ঘরনি দণ্ড(Read the full section. I have mentioned only some of
them. Full section is important for the MCQ)

▪ ক রিাইন, ককারকন
a. 25gm- Max.10 YR;Min.2YR
b. More than 25gm-Max.-D/L.I.
▪ অরপোম-
a. 2kg-Max.10YR;Min-2YR
b. More than 2kg-MaxD./L.I.
18

▪ ক-কশ্রেীি অনুানু মাদকদ্রবু-Max.15YR;Min.2YR


Page

▪ খ-কশ্রেীিু ি অনুানু মাদকদ্রবু-Max.5YR;Min.6 Months.

Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 18


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

▪ ে-কশ্রেীি মাদকদ্রবু-Max.1 YR/10TH/++


▪ োাঁজা
a. 5kg-Min.6Months;Max.3YR.
b. More than5 kg- Min.-3 YR;Max.15YR;
▪ এই ধািাে উরিরখত ককান অপিারধি জনু দরিত ইো দি কিাে করিবাি পি িরদ ককান বুরি
পুনিাে এই ধািাি উরিরখত ককান অপিাধ করিন, তা া ইরল উি অপিারধি দি মততুুদি বা
িাবজ্জীবন কািাদি না ইরল, রতরন উি অপিারধি জনু সরবথ াচ্চ যর্ দণ্ড ির য়ারে উ াি রিগুন
দরণ্ড দণ্ডনীয় ইরবন৷

[N.B. In the above format, we may save our information in notebook/Personal Computer. I have
mentioned only some format of them. The topic “Punishment” which I have already mentioned
here does not cover all the laws. I have only mentioned some of the laws. You are requested to
check these above information from the bare Act at the time of taking preparation (if you take
any preparation based on this information). There may be some amendment in the laws. I
prepared these for my personal study in a very short time. So, there may be some mistake.]

Some confusing & Similar Information

▪ Amendment of pleadings-Order-6, Rule-17 of CPC.


▪ Return of plaint- Order-7, Rule-10 of CPC.
▪ Rejection of plaint- Order-7, Rule-11of CPC.

The concept of Double Jeopardy

▪ Constitution-Article-35(2)
▪ CrPC-S.403
▪ General Clauses Act, 1897-S.26
▪ Arms Act, 1878-S.31

Pre-emption:-

Points. SAT Act NAT Act


Compensation 25% 5%
Interest 8% 6.25%
Court-fee 300TK 200TK
Limitation 2 Months.(Registration-3 YR) 4 Months.
▪ ***LIMITATION ACT, 1908- Limitation for Pre-emption case-1 YR.
19

By the above way, we may save similar information in notebook. I have only mentioned some of
them. There are many others of the above type.
Page

Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 19


Ways to take Solid Preparation for upcoming 13th Bangladesh Judicial Service
Examination.

There is no need to compare ourselves with others. We only know what qualities are in
ourselves. So, let us start with that quality and ability and if we try from our HEART, we will
definitely win the race. We have to remember that in the world nobody will leave his or her place
for us. We alone have to create that place. Everybody will stand beside the WINNER but nobody
is willing to be a part of a SAD story. This is the harsh reality of the world. So, we will try to be
a WINNER in this race.

• Special Thanks to –
• My friend Rukshana Runa(Recommended as an Assistant Judge/ Judicial Magistrate in
11th BJS Examination, Merit Position-51)
• Habib Vhi. (Recommended as an Assistant Judge/ Judicial Magistrate in 10th BJS
Examination)
• Abu Kahar Vhi (Recommended as an Assistant Judge/ Judicial Magistrate in 10th BJS
Examination)
• Belal Vhi (Recommended as an Assistant Judge/ Judicial Magistrate in 10th BJS
Examination And ASP in the 36th BCS)
• Juwel Vhi (Recommended as an Assistant Judge/ Judicial Magistrate in 10th BJS
Examination)
20
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Prepared By- Nazmul Hasan, Assistant Judge, Naogaon. Page 20

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