Judge Nazmul Hasan

The Supportive Judge: Navigating the Nexus of National Courts and International Commercial Arbitration (ICA) Introduction In the contemporary landscape of global trade, the traditional boundaries of dispute resolution are rapidly dissolving. For Bangladesh, a nation on the precipice of significant economic transformation, the interaction between national judiciaries and international arbitral tribunals is no longer a matter of mere procedural curiosity—it is a cornerstone of economic sovereignty and investor confidence. As a Senior Judicial Magistrate and a scholar of International Commercial Arbitration (ICA), I have long advocated for a judicial philosophy that views the court not as a competitor to arbitration, but as its "Judicial Sentinel." The Paradox of Intervention: Support vs. Interference The effectiveness of the Arbitration Act 2001 hinges on the judiciary's ability to balance its inherent powers with the principle of party autonomy. Globally, the mo...

Mastering Locus Standi: Dr. Mohiuddin Farooque v. Bangladesh (1997) – Exam-Ready Insights Landmark cases like Dr. Mohiuddin Farooque v. Bangladesh 49 DLR (AD) (1997) 1 are goldmines for constitutional law exams. This Appellate Division ruling revolutionized locus standi under Article 102, making it essential for students tackling writ jurisdiction and public interest litigation (PIL). Case Core Principles The judgment expansively interpreted "any person aggrieved" in Article 102. It granted standing to Dr. Mohiuddin Farooque and BELA (Bangladesh Environmental Lawyers Association) despite no personal injury, as they challenged the Flood Action Plan's environmental threats to fundamental rights nationwide. This liberal stance covers constitutional issues of grave public importance affecting the entire territory. It builds on Kazi Mukhlesur Rahman v. Bangladesh , prioritizing rule of law and public duties from the Constitution's Preamble. Exam-Ready Sentences ...

  19 th BJS: A Companion to Your Judicial Dreams and a Strategic Roadmap ⚖ ️ 🏛 ️ The journey to the 19th Bangladesh Judicial Service (BJS) examination begins long before the circular is published. It begins the moment you decide to transition from a student of law to a guardian of justice. In my experience as a member of the 11th BJS and through my research, I have observed that success in this arena is not merely about merit—it is about endurance and surgical precision in legal analysis. To assist you in this journey, I have detailed these methodologies in my guide: Comprehensive Strategy for Excelling in BJS .  Below is my curated blueprint for those of you aspiring to join the bench. 🔹 1. Mastery of the Core Laws (The Foundation) The Constitution and the Major Codes ( CPC, CrPC, Penal Code, Evidence Act ) are your primary weapons. Do not settle for mere rote memorization of sections. You must grasp the legislative intent and the jurisprudential interpretation b...

  Navigating the Global Legal Landscape: Expert Insights by Judge Nazmul Hasan In the complex world of international trade, the mechanisms of dispute resolution are the silent engines that keep the global economy moving. For legal practitioners, law students, and corporate entities, understanding the intricate dance between national courts and international arbitration is no longer optional—it is essential. We are proud to highlight a specialized resource now available for those seeking a deeper understanding of these legal frontiers, authored by one of Bangladesh’s most distinguished judicial minds: Judge Nazmul Hasan (11th BJS). A Scholar-Jurist at the Helm Judge Nazmul Hasan is not only a Senior Judicial Magistrate but a celebrated academic powerhouse. A recipient of the Prime Minister Gold Medal and the Agrani Bank Gold Medal (2023) , his academic pedigree—graduating 1st Class First (LL.B) and 1st Class (LL.M) from the University of Rajshahi—is reflected in the depth o...

Premium Judicial Note: Section 30 of the Evidence Act,1872 Theme: The Doctrine of Vicarious Liability in Confessions Section 30 creates a significant exception to the general rule that a confession is only evidence against its maker. It allows the court to "take into consideration" the confession of one accused against a co-accused under specific, stringent conditions. 1. Essential Ingredients for Application (The Quadruple Test) For a confession to be used against a co-accused, the following four conditions must be met concurrently: ·        Joint Trial: The persons must be tried jointly for the same offence. ·        Same Offence: "Same offence" includes the abetment of, or attempt to commit, that offence (Explanation). ·        Self-Exculpation Barred: The confession must affect the maker as well as the others. If the maker minimizes their own role and shifts the entire blame to...