On Rights and Remedies : A Collection of Opinions
Contents: Introduction. I. Right to life and personal liberty. II. Freedom of association. III. Freedom of expression. IV. Freedom of trade and business. V. Right to equality. VI. Citizenship, the right of rights. VII. Right of property: 1. Right of easements. 2. Right of premption. 3. Lease and licence. 4. Hats and bazars. 5. Transfer of property and succession. 6. Partition of property. 7. Banking and commerce. 8. Trust and property. VIII. Right of employment & service: 1. Services of the republic. 2. Administrative tribunal. IX. Right to fair hearing and principles of natural justice. X. Remedies under the constitution: 1. Where there is an alternative remedy. 2. Where there is a contractual obligation. 3. Where there is a disputed fact. 4. Where there is a labour dispute. 5. Where there is an election dispute. 6. Claiming an exemption from excise duty. 7. Claiming a Parliamentary Privilege. 8. Challenging an amendment of the constitution. 9. Last court's power to grant leave to appeal. 10. Last court's power to do complete justice. XI. Ordinary civil remedies: 1. Interlocutory remedies. 2. Remedies against an Exparte decree. 3. Limitation. 4. Evidence in civil proceedings. XII. Remedies under the admiralty jurisdiction. XIII. Remedies under the companies act. XIV. Remedies under the income-tax act. XV. Crimes and criminal proceedings: 1. Quashing of criminal proceeding. 2. Stay of criminal proceeding. 3. Transfer of a criminal case. 4. Bail. 5. Death sentence. 6. Evidence in criminal proceeding. Index.
"This is a unique album of more than one hundred and seventy-five opinions on rights and remedies of the citizens of Bangladesh. The book deals with human rights under the constitution of Bangladesh and rights under the ordinary laws of the country. The prevalent practice of habeas corpus petitions and the court's obligation to protect and uphold a citizen's rights to life and personal liberty, citizenship of Bangladesh, rights to equality, freedom of association, freedom of expression, freedom of trade and business, parliamentary privileges, the doctrine of basic structure of the constitution, the remedies under the constitution, the rights of citizens in the service of the republic and constitutionality and the scope of powers of the administrative tribunals, and the power of the highest court in the country to do complete justice are some of the few constitutional matters that will immediately attract reader's attention.
"The book deals with the state's eminent domain, power to acquire property, property rights of an individual, rights of way, rights of pasturage, rights of preemption, rights and remedies of landlord and tenants, and licensees. The book contains some decisions on matters arising out of admiralty, company and taxation. The chapter on court's procedure and practice relates to injuction, rejection of the plaint, withdrawal of a suit, restoration of a case dismissed for default or decreed ex parte, power of revision, review and appeal. There are some decisions on how rights are extinguished and remedies are barred.
"On crime and criminal proceedings opinions will be found on culpable homicides amounting to murder, and those not amounting to murder, death sentence, traps in corruption cases, stay of a criminal case, and the accused's entitlement to be released on bail. The book also deals with questions of evidence, relative importance of secondary evidence, admission, statutory presumption, proofs as to parentage, interpretation of documents, the prosecutor's burden to prove his guilt and the accused's burden to bring home his plea in defence. There are opinions on the citizen's rights to criticise court's decisions and the court's right to punish for contempt of court." (jacket)
[Muhammad Habibur Rahman's books include Law of Requisition, Yathashabda (Right Word) and Koransutra (Koranic Reference).]
