Bachelor of Law (LL.B.)

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A Comparative Study on Lifting the Corporate Veil under the Companies Act, 1994 of Bangladesh and the Companies Act 2006 of the United Kingdom
(East West University, 2025-12-15) Tamanna, Nishat
This dissertation compares how courts in Bangladesh and the United Kingdom treat the doctrine of lifting the corporate veil, starting from Salomon v A. Salomon & Co. Ltd and examining the Companies Act 1994 and the Companies Act 2006. The study reviews statutes, leading cases and scholarly writing to show where the two systems agree and where they differ. The UK has moved toward a narrow, principle base approach after Prest v Petrodel Resources Ltd, limiting veil lifting to clear cases of evasion of legal obligations and favoring other legal remedies. In Bangladesh courts apply the doctrine more widely to meet public interest and to combat fraud, tax avoidance and misuse of corporate form, but this produces uneven reasoning. The thesis recommends clearer rules, legislative updates and stronger judicial guidance so veil lifting is used consistently and only when necessary.
A Contemporary Analysis of Right to Life and Protection of Rohingya Refugees in Bangladesh
(East West University, 2022-05-19) Khandakar, Morsheda
The world‘s largest refugee camp is in Cox‘s Bazar, Bangladesh, where more than 1 million Rohingya people live. This thesis assesses the condition and status of the Rohingya people who are living their life vulnerably. The presence of refugees in Cox‘s Bazar has created both positive and negative socio impacts on Bangladesh, but the crisis is more significant than positive impacts. The objective of the thesis is to see the response of Bangladesh and the International community regarding this matter. The rights of Rohingya people how much protected in Bangladesh and what cause them to stay in Bangladesh from Myanmar has been highlighted in this paper. Though Bangladeshi Government, UNCHR, international community and humanitarian organization fulfilling humanitarian crisis of Rohingya people but it is not enough to remove the complexity from their life permanently. The practical solution of this crisis is to begin the proceeding of repatriation as soon as possible. This research will also analyze the identity crisis of Rohingya people and response of developed countries regarding this Rohingya issue. Finally the paper concludes with some measures and recommendations that need to implement by Myanmar, Bangladesh, the world community and human rights activists to solve this problem effectively and permanently.
A Critical Analysis of Arrest without Warrant: Legal Framework and Practical Implications in the Context of Bangladesh.
(East West University, 2023-09-26) Sazzad, Md Tanvirul
Arrest without a warrant is the most arbitrary and widespread issue, and there has been a question regarding the legitimacy of arrest without warrant by law enforcement authorities across the world. Arrest without warrant is done to prevent an individual from committing a cognizable offense in the future. An arrest of a person means temporary deprivation of human rights and if an arrest is made without warrant and if it happens to be arbitrary, then it violates fundamental human rights. In Bangladesh, the power of arrest without a warrant is primarily governed by the Code of Criminal Procedure (CrPC), which grants the police certain powers to make arrests without warrant specific circumstances. Nevertheless, there have been concerns raised regarding the potential misuse of this authority and its inconsistency with global human rights norms. From an international perspective, the right to liberty and security of a person is protected by various international human rights instruments. The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) are two significant instruments that guarantee the person’s rights to liberty and security. Article 9 of both covenants establishes the principle that individuals should not be subjected to arbitrary arrest or imprisonment, emphasizing that any arrest or detention must be justified by valid grounds.
A Critical Analysis of the Criminal Justice System on Speedy Trial: Bangladesh Perspective
(East West University, 2023-05-21) Das, Sonjoy
The right to a speedy trial is a fundamental human right recognized by international law and guaranteed by the Constitution of Bangladesh. However, the criminal justice system in Bangladesh faces several challenges in ensuring this right. This paper analyzes the key challenges in the criminal justice system of Bangladesh related to the speedy trial of criminal cases. The paper identifies the backlog of cases, lack of resources and infrastructure, slow and inefficient investigations, and corruption and political interference as the primary challenges that impede the fair and efficient administration of justice. The paper also discusses potential solutions, including the need for reforms in the investigative process, improving resources and infrastructure, and addressing corruption and political interference. The findings of this paper can inform policy decisions to improve the criminal justice system in Bangladesh and uphold the right to a speedy trial for all. The research is anticipated to shed light on the issues that are causing the trial process in Bangladesh to drag out, such as the insufficient number of judges, a lack of contemporary tools, a lack of funding, and political interference. The research will also focus on how the length of the trial process affects the efficiency of the criminal justice system in Bangladesh, including how it affects the rights of the accused, the backlog of cases, and the public's trust in the legal system. The study will also make recommendations for potential ways to guarantee a speedy trial in Bangladesh's criminal justice system, such as increasing the number of judges, enhancing the use of technology, allocating more funding, and minimizing political interference.
A Critical Analysis of the Impact of Draft Regulations of BTRC, 2021 on the Rights of the Citizens of Bangladesh
(East West University, 2023-01-15) Sultana, Rahima
This research paper’s major goal is to examine how the Draft Regulations of BTRC, 2021 would influence the rights of the citizens of Bangladesh. It also explores how these regulations are inconsistent with both national and international laws. According to the Constitution of the People’s Republic of Bangladesh, the right to privacy and freedom of speech and expression both fall within the category of fundamental rights. And it is expressly stated in the constitution that any new laws or regulations cannot be in conflict with any of the articles of the Constitution of Bangladesh. And the Draft Regulations of BTRC, 2021 creates controversy with national and international law and also violates the fundamental rights of the citizens of Bangladesh.
A Critical Analysis on the Evidence (Amendment) Act, 2022
(East West University, 2023-01-10) Sultana, Rabeya
Advancement of technology has really changed the lifestyle of people. Way of committing crimes have also changed with advance technology. The Evidence Act, 1872 were kept untouched since 1973. Recently an amendment has come which has addressed some of the flawed provisions. To ensure justice some amendment for example admissibility of digital evidence and character evidence are necessary and this amendment has addressed both of them. Now the current dissertation attempts to analyze the amendment, address the loopholes and limitations.
A Critical Analysis on the Protection of Human Rights of the Death Convicts in Condemned Cells in Bangladesh
(East West University, 2022-04-19) Akter, Nabila
The death penalty, sometimes known as capital punishment, is the execution of a person who has committed a serious crime after the court has announced the conviction. An accused who has been sentenced to death must remain in a condemned cell until his/her execution. As a result, an accused has to spend the whole time of his/her trial in a condemned cell. Prolonged delay in concluding a death referral case might cause the accused to spend longer time than necessary. Bangladesh's constitution provides citizens a set of rights, including human rights, yet such essential rights are denied to those imprisoned in condemned cells. The goal of this research is to determine which parts of Bangladesh's constitution guarantee the human rights of prisoners in the condemned cell. The research also tries to identify possible reforms that the government may implement in compliance with international legal regime norms. To that end, this research looked at the effectiveness of existing legal frameworks concentrating on constitutional law and concluded with a thorough scenario on the topic.
A Critical Assessment of Transitional Justice on the Case of International Crimes Tribunal of Bangladesh
(East West University, 2023-09-26) Emon, Fazlur Rahman
The International Crimes Tribunal Bangladesh (ICTBD) played pivotal role in addressing human rights violations during the 1971 Liberation War. The ICTBD has already accomplished much in eradicating impunity and has shown unwavering commitment to truth-seeking and historical documentation. However, this paper attempted to acknowledge the prevailing challenges, including concerns related to fairness, due process, and political interference. Through comparative analysis with other tribunals, the paper underscores the importance of adopting a balanced approach that combines judicial and non-judicial measures in the pursuit of comprehensive transitional justice. The lessons derived from this comparative study contribute to the broader global endeavors aimed at accountability, healing, and peace in post-conflict societies.
A Critical Study on Aviation Terrorism and Contemporary International Law
(East West University, 2022-05-18) Azad, Saad Ibne
The purpose of this study is to understand more about Aviation Terrorism. Terrorism is a present and serious threat. We need to know how terrorist organizations work to create effective countermeasures, especially by using the Aviation since it has been a major target for modern terrorists. Terrorists in terrorist hotspots might utilize the Aviation to promote their messages. This article discusses the influence of terrorism on the aviation industry's operations. It traces the origins of aviation terrorism and the phenomenon's growth. The thesis emphasizes the relationship between terrorist attacks and aviation industry management practices in particular. Additionally, terrorist strikes have unquestionably had a negative impact on the overall aviation business. Terrorism has resulted in massive losses for airlines and has become a huge treat to the people of countries all around the world. Aviation terrorism's continued escalation could result in enormous economic losses for the whole sector and governments affected by the occurrence. Aviation terrorism must be curbed to keep these losses to a minimum. Nonetheless, the airline industry's long-term viability is assured.
Access to Occupational Health and Safety Rights of Tannery Workers in Bangladesh
(East West University, 2023-05-19) Tasnim, Wahida
The leather industry is a significant contributor to Bangladesh’s economy, with tanneries playing a crucial role in this sector. However, tannery workers in Bangladesh face substantial occupational health and safety (OHS) risks due to the use of hazardous chemicals and poor working conditions. So what is the way to protect the OHS’s rights of the tannery workers of Bangladesh is a question. In the present situation, the tannery workers are the most suffering groups and their protection is one of the main concern issues. For solving the problem there have been a lot of laws and guidelines but those are not implemented properly. The purpose of the research is to ensure that those laws and policies are enough to protect the rights of tannery workers. This research is qualitative and there is both primary and secondary data. The labor laws and policies are not well enough to protect their rights. Those laws and policies failed to provide.
Access to Right to Health of Slum Dwellers in Public Health Emergency: A Critical Legal Analysis of Bangladesh
(East West University, 2023-12-27) Khan, Ratul Parvez
The right to health is a universal human right it is not enjoyed by every group of people, especially slum dwellers. Right to health is a risk when there is a public health emergency. Slum dwellers are at particular risk in accessing their healthcare. Bangladesh is a densely populated country with lots of slums. This research aims to investigate whether the right to health is being ensured in Bangladesh for slum dwellers in public health emergencies. This is purely qualitative research based on primary and secondary data. The research aims to ensure legislative improvements and effective policy measures, considering public health emergencies faced by slum dwellers. Additionally, this research endeavors to contribute to the discourse on the intersection of law and public health in Bangladesh, advocating for more inclusive and effective legal measures to uphold the right to health for slum dwellers during public health emergencies.
Achievements and Failure of United Nations in Peace Mediation in Recent Years
(East West University, 2022-05-19) Baksh, Syed Mukit
Mediation has become increasingly popular as a tool for peaceful conflict resolution over the last 25 years. The majority of armed conflicts were resolved or partially resolved by establishing a cease-fire through mediation. The importance of international mediation in modern conflict resolution necessitates a review and analysis of this vastly evolving field of international mediation. This dissertation seeks to identify the characteristics that enable the United Nations to be effective peacemakers in modern international conflict. This research aims to examine the most significant trends and debates of the UN on international mediation, with a focus on conflict resolution over the last few decades. This study focused on how peace mediation in international conflicts results in a negotiated agreement; the mediation attempts that did not result in a peace agreement and the methods for reaching a peace agreement. However, this study does not provide definitive answers on how to use mediation more effectively, instead of discussing the process, strengths, and weaknesses of UN mediation practices. To meet the needs of the twenty-first century, impartial and balanced peace mediation can be achieved by filling gaps discovered through this dissertation's theoretical discussion.
Admissibility of DNA Evidence in Bangladesh: Prospects and Challenges
(East West University, 2022-05-19) Afroze, Sadia
DNA evidence is used for revealing the complex issues. It is one of the most significant evidence that the investigating officer collect from crime scenes and the samples will be examined by the forensic laboratories. This research provides the possible areas where DNA evidence may be considered as admissible evidence in the court of Bangladesh. There is a law enacted in Bangladesh, that is DNA Act 2014, where it provides the entire procedure to use DNA as evidence and it should be admissible. However, there are many lacking found for using DNA evidence. People have faced many challenges for asking the admissibility of DNA evidence. This research will critically analysis the legislations, relevant cases and relevant articles in regard to the use of DNA evidence in Bangladesh. The aim of the study to discuss about admissibility of DNA evidence in Bangladesh. In this research work I tried to find out the way by which the DNA evidence may admissible in Bangladesh and it may reduce the crime and find out the criminals.
ADR in Criminal Cases: A Comparative Analysis between India and Bangladesh
(East West University, 2023-09-26) Faruk, Md. Umar
ADR is defined as a method of resolving disputes between litigants in a quick and easy way outside of official court proceedings. criminal courts in India and Bangladesh are overburdened with an exorbitant number of pending cases, posing an acute danger to both victim and offender, as well as the state, producing further problems in the criminal justice system. ADR has become increasingly prominent in the realm of criminal justice as a viable substitute for traditional court proceedings. This research examines the changing legal frameworks, current situations, and practical use of ADR methods in the criminal justice systems of the both countries. The application of ADR in criminal justice system in both India and Bangladesh poses a distinctive amalgamation of challenges and prospects. The legal system in India exhibits a wide range of ADR approaches, such as compounding, plea bargaining, and restorative justice, which contribute to its diversified legal environment. In contrast, Bangladesh predominantly relies on compounding as its primary ADR method. This research also highlights the global implementation of ADR in criminal cases. This research applies a comparative methodology to examine the results, shortcomings, and insights gained from the application of ADR in criminal cases. The research encompasses various aspects, including advantages, disadvantages, the level of satisfaction experienced by victims, and the potential for mitigating the number of pending cases inside the courts of both nations. The findings and recommendations provide insight into the difficulties encountered by ADR in criminal proceedings, encompassing concerns pertaining to legal protections, transparency and implementation of ADR in criminal justice system contexts of both nations.
Amicable Means for International Dispute Settlement: Prospects & Challenges
(East West University, 2022-08-18) Polash, Kamruzzaman
From the very beginning of civilization man used to live together `and maintain a bond among them. But for the time being, they have started to fight with one another out of disputes. As a result of it, we can remember the devastating scenario that happened in World War I and World War II. Lots of people had lost their lives in these two most devastating battles. They thought that only the solution to disputes lay in the war. However, after ages especially after World War II people started to feel the importance of peace and tranquility and as a result, they started formulating various treaties and agreements am, on them in order to maintain peace and tranquility. Through these initiatives league of nations has been created. Apart from this, there are many agreements and treaties relating to the peaceful settlement of disputes. Civilized people do not want to face the devastating war. Nowadays states are not eager to file a complaint in the ICJ in a peaceful manner. They have started to follow the worst way which will lead them to war, which will not be a blessing for the international community at all. They are illegally interfering in another matter without no reason. That's the main cause of the disputes. So, many international jurists want a peaceful sole function of the international tribunal to resolve all disputes amicably among the states. Moreover, none of the states should be given more power than the others. All states should be regarded as the same as all. Finally, establishment of a supreme authority for monitoring the disputes so that it can take effective measures to resolve them amicably.
An Analysis of Illegitimate Children’s Right within Human Rights Law Framework: A Global Perspective
(East West University, 2024-01-14) Munir, Tasnim Binte
The study analyzes the unclear area of rights for illegitimate children based on the international human rights laws. Children who are born outside of the marriage of their biological parents frequently confront a variety of complex issues including discrimination of law, social stigmatization, and elimination of rights and protections of an individual, rights of inheritance and other social basic amenities. The study shows AN ANALYSIS OF ILLEGITIMATE CHILDREN’S RIGHT WITHIN HUMAN RIGHTS LAW FRAMEWORK: A GLOBAL PERSPECTIVE. Starting with the historical foundation of discrimination against illegitimate children, the research follows the development of legal structures and social beliefs that have defined their status in society. It examines the interactions in human rights standards, legal framework, social custom in various countries, illuminating both area differences and similarities in execution of the rights of illegitimate children. The study depends on the fundamental international human rights instruments such as the Universal Declaration of Human Rights, the Convention on the Rights of the Child and other regional human rights conventions. This study assesses legislative reforms, case studies and judicial precedent that have attempted to address the illegitimate children’s rights. The analysis also takes into account the obstacles and chances for improving the protection and acknowledgement of these rights for children accorse international legal framework. The purpose of the research is to provide comprehensive understanding and specific recommendation into the status and rights of illegitimate children by combining legal, social, and human rights viewpoints and to promote inclusive legal modifications and cultural transformations that are in line with the principle of equality and intrinsic value of all individuals, irrespective of their birth status.
An Analysis of Medical Negligence in the Context of Duty of Care of at Private Hospitals and Clinics in Bangladesh
(East West University, 2022-05-17) Basunia, Md. Luhanujjaman
Medical Negligence in Bangladesh has resulted from a natural disaster, and various concerns have arisen as a result. The research also discovered several shortcomings in our country's statutory laws regarding medical negligence. The primary research method was evaluating some recent and prior medical negligence compensation that occurred, particularly in the last 10 years. The primary research approach, on the other hand, was an examination of secondary sources such as journals, books, and internet articles. Medical negligence is an obvious violation of the right to health. Because the right to health is one of the fundamental principles of state policy, the government is obligated to safeguard it. Many nations throughout the world have passed medical negligence laws. Bangladesh's situation differs from that of other countries. There are several directives and legislation, however they are not fully codified. In this paper, an attempt has been made to identify gaps in current regulations, and recommendations have been made to prevent healthcare providers from violating patients' health rights.
An Analysis of the Legal Framework for Protecting the Right to Life of Street Children in Bangladesh
(East West University, 2023-04-25) Md. Mashrukh Araf
This thesis analyses Bangladesh's street children's legal rights. Street children at risk violence, exploitation, and lack of food, housing, and healthcare. The thesis studies Bangladesh Children's Act and National Children Policy, which protect street children. The thesis claims that although Bangladesh has made progress in protecting street children's rights, legal loopholes remain. For instance, laws and regulations require better enforcement mechanisms. The thesis also emphasizes worldwide street kid rights protection. Bangladesh may utilize the UN Convention on the Rights of the Child to enhance its legal framework to safeguard children, particularly street children. This thesis states that although street children's rights in Bangladesh have improved, the legislative framework and its execution require reform. The thesis advises that Bangladesh develop its legislative framework and defend street children's rights in accordance with international norms.
An Analysis on Bangladesh Judicial Service (Srinkhola) Bidhimala, 2017: From the perspective of Masdar Hossain Case
(East West University, 2023-01-15) Islam, Md. Readul
With particular reference to important cases in the judiciary, this thesis examines the concepts of judicial independence and judicial accountability. Finding provisions of the Bangladesh Judicial Service (Srinkhola) Bidhimala, 2017 that contradict with judicial independence and accountability is the main goal of this thesis. The thesis investigates the state of judicial independence and accountability in Bangladesh in light of international norms and the Bangladeshi Constitution. First, it assesses the constitutional principle of the independence of the judiciary. Then, this thesis looks at how the Masdar Hossain Case"s judgment separated the executive branch from the subordinate judiciary. The Bangladesh Judicial Service (Srinkhola) Bidhimala, 2017 rule's advantages and disadvantages are discussed in the thesis along with how they affect judicial independence. It makes suggestions for improving Bangladesh's judicial independence and accountability conditions by keeping the positive aspects or addressing the negative ones. Finally, the thesis underlines that appropriate steps should be taken to safeguard judicial independence.
An Analysis on Constitutional Prohibition against Forced Labour and Legal Issues in the Context of Bangladesh
(East West University, 2023-01-18) Islam, Shafiqul
Forced labour or compulsory labour or in some cases slavery refers to perform involuntary work under the menace any of penalty or coerced to work under violence or intimidation, or manipulated debt, threats etc. While the major portion of forced labour is out of sight, the conditions that create forced labor are clearly visible. They are the most vulnerable and come from impoverished communities or from areas of conflicts and disasters. That is why, traditionally, most of the time they cannot be attracted by the existing law and prohibition. They deprive of their constitutional rights and other legal protections. The goal of this research is to determine which parts of Bangladesh's constitution guarantee the prohibition against forced labour and regarding with this what are the other constitutional and legal rights which they are actually deprived of. The research also tries to identify possible reforms that the government may implement in compliance with international legal regime. To that end, this research looked at the effectiveness of existing legal frameworks concentrating on constitutional law and concluded with a thorough scenario on the topic.