Posts

An Invitation to the Depths: Jurisprudential Logic and the Plurality of Statutory Interpretation-by Judge Nazmul Hasan.

Image
An Invitation to the Depths: Jurisprudential Logic and the Plurality of Statutory Interpretation The study of law is inherently oceanic-limitless in horizon, profound in depth, and perpetually in motion. To presume that any single jurist or scholar can exhaust every dimension, latent implication, or judicial trajectory of an enactment is to misunderstand the very nature of jurisprudence. The statutory text is rarely an inert, closed system; it is an evolving dialogue between codification and practical reality. The true vitality of the legal craft lies within the art of hermeneutics . A single provision does not dictate an unyielding, monolithic outcome. Instead, it invites rigorous dialectical scrutiny. When subjected to disciplined logic, the same phrase can yield distinct, compelling constructions—each defensible, each illuminating a different facet of justice. Interpretation transforms static black-letter rules into a living instrument, ensuring that the law remains responsive w...

Mastering Constitutional Law for the BJS Exam: Your Ultimate Roadmap

Image
Are you an aspiring judge preparing for the Bangladesh Judicial Service (BJS) Examination? If so, you already know that Constitutional Law is a vital and high-scoring segment of the syllabus. Navigating the Constitution of Bangladesh, understanding landmark judgments, and analyzing core constitutional principles can feel overwhelming without the right strategy. I recently came across an excellent and highly detailed resource published on Legal Service India titled "Your Roadmap to Constitutional Law Success in Bangladesh Judicial Service Examination." Whether you are just starting your preparation or looking to refine your revision strategy, this article is a must-read. Why you should read this guide: Structured Approach: It breaks down the vast syllabus of Constitutional Law into manageable, study-friendly segments. Key Focus Areas: It highlights the most important constitutional provisions, amendments, and case laws that frequently appear in the...

BJS and Academic Preparation Series: The Doctrines of Contract Law-Part-I-by Judge Nazmul Hasan

Image
The Doctrines of Contract Law Doctrine of Privity of Contract : This doctrine is rooted in English law from a famous case of Tweddle vs. Atkinson , 123 ER 762. This doctrine means that stranger to the contract cannot sue. It means that in a contract, obligations arise between the parties to the contract only. A person who is not party to the contract i.e. stranger to contract cannot institute an action on the basis of contract. For example, if a contract has been between X and Y and some benefit has been conferred on Z, who is not a party to contract, then the Z cannot sue on the basis of contract. There are some exceptions to this doctrine. Such as: (i) Beneficiaries under trust or charge,(ii) Family arrangements, marriage settlements or partition, (iii) Acknowledgement or estoppel, (iv) Covenants running with land.   Doctrine of Privity of Consideration : Doctrine of privity of consideration provides that the considerat...