AKNOWLEDGMENT
In this assignment provides the idea about in Applicable of negotiable instrument in Bangladesh. I’ve learn a lot of things about this topic doing this assignment.
So, I would like to thank our honorable teacher, I also want to thank him for her guidance in completion of this assignment.
At last but not least, I’m going to specially thank to Allah for giving us the capability in completing this assignment.
Definition of negotiable instrument:
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time. According to the Section of the Negotiable Instruments Act, in India, a negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer. So, there are just three types of negotiable instruments such as promissory note, bill of exchange and cheque. Cheque also includes Demand.
More specifically, it is a document contemplated by a contract, which.
(1) warrants the payment of money, the promise of or order for conveyance of which is unconditional.
(2) specifies or describes the payee, who is designated on and memorialized by the instrument and.
(3) is capable of change through transfer by valid negotiation of the instrument.
As payment of money is promised subsequently, the instrument itself can be used by the holder in due course as a store of value although, instruments can be transferred for amounts in contractual exchange that are less than the instrument’s face value. Under United States law, Article of the Uniform Commercial Code as enacted in the applicable State law governs the use of negotiable instruments, except banknotes.
Classes:
Promissory notes and bills of exchange are two primary types of negotiable instruments.
Promissory note:
A promissory note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand to the payee, or at fixed or determinable future time, certain in money, to order or to bearer. Bank note is frequently referred to as a promissory note, a promissory note made by a bank and payable to bearer on demand.
Bill of exchange:
A bill of exchange or ‘draft’ is a written order by the drawer to the drawer to pay money to the payee. A common type of bill of exchange is the cheque check in American English, defined as a bill of exchange drawn on a banker and payable on demand. Bills of exchange are used primarily in international trade, and are written orders by one person to his bank to pay the bearer a specific sum on a specific date. Prior to the advent of paper currency, bills of exchange were a common means of exchange. They are not used as often today. A bill of exchange is an unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at fixed or determinable future time a sum certain in money to order or to bearer.
The person who draws the bill is called the drawer. He gives the order to pay money to the third party. The party upon whom the bill is drawn is called the drawee. He is the person to whom the bill is addressed and who is ordered to pay. He becomes an acceptor when he indicates his willingness to pay the bill. The party in whose favor the bill is drawn or is payable is called the payee.
It is essentially an order made by one person to another to pay money to a third person.
A bill of exchange requires in its inception three parties the drawer, the drawee, and the payee.
The partie’s need not all be distinct persons. Thus, the drawer may draw on himself payable to his own order.
A bill of exchange may be endorsed by the payee in favour of a third party, who may in turn endorse it to a fourth, and so on indefinitely. The ‘holder in due course’ may claim the amount of the bill against the drawee and all previous endorsers, regardless of any counterclaims that may have disabled the previous payee or endorser from doing so. This is what is meant by saying that a bill is negotiable.
In some cases a bill is marked ‘not negotiable see crossing of cheques. In that case it can still be transferred to a third party, but the third party can have no better right than the transferor.
Negotiable instruments distinguished from other types of contracts:
A negotiable instrument can serve to convey value constituting at least part of the performance of a contract, albeit perhaps not obvious in contract formation, in terms inherent in and arising from the requisite offer and acceptance and conveyance of consideration. The underlying contract contemplates the right to hold the instrument as, and to negotiate the instrument to, a holder in due course, the payment on which is at least part of the performance of the contract to which the negotiable instrument is linked. The instrument, memorializing.
(1) the power to demand payment and.
(2) the right to be paid, can move, for example, in the instance of a 'bearer instrument', wherein the possession of the document itself attributes and ascribes the right to payment. The consideration constituted by a negotiable instrument is cognizable as the value given up to acquire it benefit and the consequent loss of value detriment to the prior holder thus, no separate consideration is required to support an accompanying contract assignment. The instrument itself is understood as memorializing the right for, and power to demand, payment, and an obligation for payment evidenced by the instrument itself with possession as a holder in due course being the touchstone for the right to, and power to demand, payment. In some instances, the negotiable instrument can serve as the writing memorializing a contract, thus satisfying any applicable Statute of Frauds as to that contract. Certain exceptions exist, such as instances of loss or theft of the instrument, wherein the possessor of the note may be a holder, but not necessarily a holder in due course. Negotiation requires a valid endorsement of the negotiable instrument.
The holder in due course:
The rights of a holder in due course of a negotiable instrument are qualitatively, as matters of law, superior to those provided by ordinary species of contracts:
· The rights to payment are not subject to set off, and do not rely on the validity of the underlying contract giving rise to the debt for example if a cheque was drawn for payment for goods delivered but defective, the drawer is still liable on the cheque.
· No notice need be given to any party liable on the instrument for transfer of the rights under the instrument by negotiation. However, payment by the party liable to the person previously entitled to enforce the instrument "counts" as payment on the note until adequate notice has been received by the liable party that a different party is to receive payments from then on.
· Transfer free of equities the holder in due course can hold better title than the party he obtains it from as in the instance of negotiation of the instrument from a mere holder to a holder in due course
In addition, the rights and obligations accruing to the transferee can be affected by the rule of derivative title, which does not allow a property owner to transfer rights in a piece of property greater than his own.
Negotiation often enables the transferee to become the party to the contract through a contract assignment provided for explicitly or by operation of law and to enforce the contract in the transferee-assignee’s own name. Negotiation can be effected by endorsement and delivery order instruments, or by delivery alone bearer instruments.
In the Commonwealth:
In the commonwealth almost all jurisdictions have codified the law relating to negotiable instruments in a Bills of Exchange Act, Bills of Exchange Act in the UK, Bills of Exchange Act in New Zealand, The Negotiable Instrument Act in India and The Bills of Exchange Act in Mauritius. The Bills of Exchange Act:
1. defines a bill of exchange as: 'an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person, or to bearer.
2. defines a cheque as: 'a bill of exchange drawn on a banker payable on demand'
3. defines a promissory note as: 'an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person or to bearer.'
Additionally most commonwealth jurisdictions have separate Cheques Acts providing for additional protections for bankers collecting unendorsed or irregularly endorsed cheques, providing that cheques that are crossed and marked 'not negotiable' or similar are not transferable, and providing for electronic presentation of cheques in inter-bank cheque clearing systems.
The Encyclopedia Britannica Eleventh Edition has a comprehensive article on the bill of exchange, detailing its history and operation, as understood at the time of its publication.
In the United States:
In the United States, Article and Article of the Uniform Commercial Code govern the issuance and transfer of negotiable instruments. The various State law enactments of Uniform Commercial Code
(a) through
(d) set forth the legal definition of what is and what is not a negotiable instrument
NEGOTIABLE INSTRUMENT.
(a) Except as provided in subsections
(c) and
(d) negotiable instrument means an unconditional promise or order to pay a fixed amount of money, with or
In this assignment provides the idea about in Applicable of negotiable instrument in Bangladesh. I’ve learn a lot of things about this topic doing this assignment.
So, I would like to thank our honorable teacher, I also want to thank him for her guidance in completion of this assignment.
At last but not least, I’m going to specially thank to Allah for giving us the capability in completing this assignment.
Definition of negotiable instrument:
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time. According to the Section of the Negotiable Instruments Act, in India, a negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer. So, there are just three types of negotiable instruments such as promissory note, bill of exchange and cheque. Cheque also includes Demand.
More specifically, it is a document contemplated by a contract, which.
(1) warrants the payment of money, the promise of or order for conveyance of which is unconditional.
(2) specifies or describes the payee, who is designated on and memorialized by the instrument and.
(3) is capable of change through transfer by valid negotiation of the instrument.
As payment of money is promised subsequently, the instrument itself can be used by the holder in due course as a store of value although, instruments can be transferred for amounts in contractual exchange that are less than the instrument’s face value. Under United States law, Article of the Uniform Commercial Code as enacted in the applicable State law governs the use of negotiable instruments, except banknotes.
Classes:
Promissory notes and bills of exchange are two primary types of negotiable instruments.
Promissory note:
A promissory note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand to the payee, or at fixed or determinable future time, certain in money, to order or to bearer. Bank note is frequently referred to as a promissory note, a promissory note made by a bank and payable to bearer on demand.
Bill of exchange:
A bill of exchange or ‘draft’ is a written order by the drawer to the drawer to pay money to the payee. A common type of bill of exchange is the cheque check in American English, defined as a bill of exchange drawn on a banker and payable on demand. Bills of exchange are used primarily in international trade, and are written orders by one person to his bank to pay the bearer a specific sum on a specific date. Prior to the advent of paper currency, bills of exchange were a common means of exchange. They are not used as often today. A bill of exchange is an unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at fixed or determinable future time a sum certain in money to order or to bearer.
The person who draws the bill is called the drawer. He gives the order to pay money to the third party. The party upon whom the bill is drawn is called the drawee. He is the person to whom the bill is addressed and who is ordered to pay. He becomes an acceptor when he indicates his willingness to pay the bill. The party in whose favor the bill is drawn or is payable is called the payee.
It is essentially an order made by one person to another to pay money to a third person.
A bill of exchange requires in its inception three parties the drawer, the drawee, and the payee.
The partie’s need not all be distinct persons. Thus, the drawer may draw on himself payable to his own order.
A bill of exchange may be endorsed by the payee in favour of a third party, who may in turn endorse it to a fourth, and so on indefinitely. The ‘holder in due course’ may claim the amount of the bill against the drawee and all previous endorsers, regardless of any counterclaims that may have disabled the previous payee or endorser from doing so. This is what is meant by saying that a bill is negotiable.
In some cases a bill is marked ‘not negotiable see crossing of cheques. In that case it can still be transferred to a third party, but the third party can have no better right than the transferor.
Negotiable instruments distinguished from other types of contracts:
A negotiable instrument can serve to convey value constituting at least part of the performance of a contract, albeit perhaps not obvious in contract formation, in terms inherent in and arising from the requisite offer and acceptance and conveyance of consideration. The underlying contract contemplates the right to hold the instrument as, and to negotiate the instrument to, a holder in due course, the payment on which is at least part of the performance of the contract to which the negotiable instrument is linked. The instrument, memorializing.
(1) the power to demand payment and.
(2) the right to be paid, can move, for example, in the instance of a 'bearer instrument', wherein the possession of the document itself attributes and ascribes the right to payment. The consideration constituted by a negotiable instrument is cognizable as the value given up to acquire it benefit and the consequent loss of value detriment to the prior holder thus, no separate consideration is required to support an accompanying contract assignment. The instrument itself is understood as memorializing the right for, and power to demand, payment, and an obligation for payment evidenced by the instrument itself with possession as a holder in due course being the touchstone for the right to, and power to demand, payment. In some instances, the negotiable instrument can serve as the writing memorializing a contract, thus satisfying any applicable Statute of Frauds as to that contract. Certain exceptions exist, such as instances of loss or theft of the instrument, wherein the possessor of the note may be a holder, but not necessarily a holder in due course. Negotiation requires a valid endorsement of the negotiable instrument.
The holder in due course:
The rights of a holder in due course of a negotiable instrument are qualitatively, as matters of law, superior to those provided by ordinary species of contracts:
· The rights to payment are not subject to set off, and do not rely on the validity of the underlying contract giving rise to the debt for example if a cheque was drawn for payment for goods delivered but defective, the drawer is still liable on the cheque.
· No notice need be given to any party liable on the instrument for transfer of the rights under the instrument by negotiation. However, payment by the party liable to the person previously entitled to enforce the instrument "counts" as payment on the note until adequate notice has been received by the liable party that a different party is to receive payments from then on.
· Transfer free of equities the holder in due course can hold better title than the party he obtains it from as in the instance of negotiation of the instrument from a mere holder to a holder in due course
In addition, the rights and obligations accruing to the transferee can be affected by the rule of derivative title, which does not allow a property owner to transfer rights in a piece of property greater than his own.
Negotiation often enables the transferee to become the party to the contract through a contract assignment provided for explicitly or by operation of law and to enforce the contract in the transferee-assignee’s own name. Negotiation can be effected by endorsement and delivery order instruments, or by delivery alone bearer instruments.
In the Commonwealth:
In the commonwealth almost all jurisdictions have codified the law relating to negotiable instruments in a Bills of Exchange Act, Bills of Exchange Act in the UK, Bills of Exchange Act in New Zealand, The Negotiable Instrument Act in India and The Bills of Exchange Act in Mauritius. The Bills of Exchange Act:
1. defines a bill of exchange as: 'an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person, or to bearer.
2. defines a cheque as: 'a bill of exchange drawn on a banker payable on demand'
3. defines a promissory note as: 'an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person or to bearer.'
Additionally most commonwealth jurisdictions have separate Cheques Acts providing for additional protections for bankers collecting unendorsed or irregularly endorsed cheques, providing that cheques that are crossed and marked 'not negotiable' or similar are not transferable, and providing for electronic presentation of cheques in inter-bank cheque clearing systems.
The Encyclopedia Britannica Eleventh Edition has a comprehensive article on the bill of exchange, detailing its history and operation, as understood at the time of its publication.
In the United States:
In the United States, Article and Article of the Uniform Commercial Code govern the issuance and transfer of negotiable instruments. The various State law enactments of Uniform Commercial Code
(a) through
(d) set forth the legal definition of what is and what is not a negotiable instrument
NEGOTIABLE INSTRUMENT.
(a) Except as provided in subsections
(c) and
(d) negotiable instrument means an unconditional promise or order to pay a fixed amount of money, with or
without interest or other charges described in the promise or order, if it:
(1) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder
(2) Is payable on demand or at a definite time; and
(3) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain
(i) An undertaking or power to give, maintain, or protect collateral to secure payment,
(ii) An authorization or power to the holder to confess judgment or realize on or dispose of collateral, or
(iii) A waiver of the benefit of any law intended for the advantage or protection of an obligor.
(b) Instrument means a negotiable instrument.
(c) An order that meets all of the requirements of subsection
(a) Except paragraph
(1) And otherwise falls within the definition of check in subsection
(f) is a negotiable instrument and a check.
(d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.
Thus, for a writing to be a negotiable instrument under Article 3, the following requirements must be met:
1. The promise or order to pay must be unconditional
2. The payment must be a specific sum of money, although interest may be added to the sum
3. The payment must be made on demand or at a definite time
4. The instrument must not require the person promising payment to perform any act other than paying the money specified
5. The instrument must be payable to bearer or to order.
The latter requirement is referred to as the words of negotiability a writing which does not contain the words to the order of within the four corners The only exception is that if an instrument meets the definition of a cheque a bill of exchange payable on demand and drawn on a bank and is not payable to order then it is treated as a negotiable instrument. of the instrument or in endorsement on the note or in allonge or indicate that it is payable to the individual holding the contract document analogous to the holder in due course is not a negotiable instrument and is not governed by Article, even if it appears to have all of the other features of negotiability.
Negotiation and endorsement:
Persons other than the original obligor and obligee can become parties to a negotiable instrument. The most common manner in which this is done is by placing one's signature on the instrument endorsement if the person who signs does so with the intention of obtaining payment of the instrument or acquiring or transferring rights to the instrument, the signature is called an endorsement. There are five types of endorsements contemplated by the Code, covered in
· An endorsement which purports to transfer the instrument to a specified person is a special endorsement for example, Pay to the order of Amy
· An endorsement by the payee or holder which does not contain any additional notation thus purporting to make the instrument payable to bearer is an endorsement in blank or blank endorsement
· An endorsement which purports to require that the funds be applied in a certain manner for deposit only for collection is a restrictive endorsement and,
· An endorsement purporting to disclaim retroactive liability is called a qualified endorsement through the inscription of the words without recourse as part of the endorsement on the instrument or in allonge to the instrument.
· An endorsement purporting to add terms and conditions is called a conditional endorsement for example, Pay to the order of Amy, if she rakes my lawn next Thursday November The UCC states that these conditions may be disregarded.
If a note or draft is negotiated to a person who acquires the instrument
1. in good faith
2. for value
3. without notice of any defenses to payment,
The transferee is a holder in due course and can enforce the instrument without being subject to defenses which the maker of the instrument would be able to assert against the original payee, except for certain real defenses. These real defenses include
(1) forgery of the instrument
(2) fraud as to the nature of the instrument being signed
(3) alteration of the instrument
(4) incapacity of the signer to contract
(5) infancy of the signer
(6) duress
(7) discharge in bankruptcy; and
(8) the running of a statute of limitations as to the validity of the instrument.
The holder in due course rule is a rebut table presumption that makes the free transfer of negotiable instruments feasible in the modern economy. A person or entity purchasing an instrument in the ordinary course of business can reasonably expect that it will be paid when presented to, The foregoing is the theory and application presuming compliance with the relevant law. Practically, the obligor payor on an instrument who feels he has been defrauded or otherwise unfairly dealt with by the payee may nonetheless refuse to pay even a holder in due course, requiring the latter to resort to litigation to recover on the instrument.
and not subject to dishonor by, the maker, without involving itself in a dispute between the maker and the person to whom the instrument was first issued this can be contrasted to the lesser rights and obligations accruing to mere holders. Article of the Uniform Commercial Code as enacted in a particular State’s law contemplates real defenses available to purported holders in due course.
Applicable of negotiable instrument Bangladesh:
Every negotiable instrument shall be governed by the provisions of this Act, and no usage or custom at variance with any such provision shall apply to any such instrument.
A. notwithstanding anything contained in the Code of Criminal Procedure, 1898, no appeal against any order of sentence under sub-section
(1) of section shall lie, unless an amount of not less than fifty per cent of the amount of the dishonored cheque is deposited before filing the appeal in the court which awarded the sentence
Negotiable instrument solution in Bangladesh:
Now a day’s extra judicial killings news is very common in Bangladesh. Although, Killings by law enforcement agencies are common in Bangladesh. In, the paramilitary group Jatiya Rakkhi Bahini came into force and had become infamous for its extrajudicial executions until it was absorbed into the army in Now, since the formation of the elite Rapid Action Battalion in March, such killings are again on the rise and are being categorized under a new vocabulary of crossfire, extrajudicial killings, encounters. This extra judicial killings issue diminish public faith on judicial system of Bangladesh. Now people of Bangladeshis thinking that law enforcement agencies can do anything without justice.
In Bangladesh, the law says minimum force should be applied to arrests and every person has the right to seek a trial. In the cases of crossfire, and encounters, these legal provisions are being totally ignored.
Article of the constitution of Bangladesh states To enjoy and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.” The constitution’s Article ensures the protection of the right to life and personal liberty in accordance with the law. Because of the consequences of such deprivation, the drafters of the constitution made this specific provision of protection even though these rights were already covered by Article. the protection of law, and to be treated in accordance with law, is the inalienable right of every citizen, wherever he may be, What is implicit in Articles and is the right to access to justice, and it cannot be said that this right has been dealt with in accordance with the law unless a person has a reasonable opportunity to approach the court in vindication of their right or grievance. Even a fugitive is entitled to a legal defence when the death penalty is involved.
(1) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder
(2) Is payable on demand or at a definite time; and
(3) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain
(i) An undertaking or power to give, maintain, or protect collateral to secure payment,
(ii) An authorization or power to the holder to confess judgment or realize on or dispose of collateral, or
(iii) A waiver of the benefit of any law intended for the advantage or protection of an obligor.
(b) Instrument means a negotiable instrument.
(c) An order that meets all of the requirements of subsection
(a) Except paragraph
(1) And otherwise falls within the definition of check in subsection
(f) is a negotiable instrument and a check.
(d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.
Thus, for a writing to be a negotiable instrument under Article 3, the following requirements must be met:
1. The promise or order to pay must be unconditional
2. The payment must be a specific sum of money, although interest may be added to the sum
3. The payment must be made on demand or at a definite time
4. The instrument must not require the person promising payment to perform any act other than paying the money specified
5. The instrument must be payable to bearer or to order.
The latter requirement is referred to as the words of negotiability a writing which does not contain the words to the order of within the four corners The only exception is that if an instrument meets the definition of a cheque a bill of exchange payable on demand and drawn on a bank and is not payable to order then it is treated as a negotiable instrument. of the instrument or in endorsement on the note or in allonge or indicate that it is payable to the individual holding the contract document analogous to the holder in due course is not a negotiable instrument and is not governed by Article, even if it appears to have all of the other features of negotiability.
Negotiation and endorsement:
Persons other than the original obligor and obligee can become parties to a negotiable instrument. The most common manner in which this is done is by placing one's signature on the instrument endorsement if the person who signs does so with the intention of obtaining payment of the instrument or acquiring or transferring rights to the instrument, the signature is called an endorsement. There are five types of endorsements contemplated by the Code, covered in
· An endorsement which purports to transfer the instrument to a specified person is a special endorsement for example, Pay to the order of Amy
· An endorsement by the payee or holder which does not contain any additional notation thus purporting to make the instrument payable to bearer is an endorsement in blank or blank endorsement
· An endorsement which purports to require that the funds be applied in a certain manner for deposit only for collection is a restrictive endorsement and,
· An endorsement purporting to disclaim retroactive liability is called a qualified endorsement through the inscription of the words without recourse as part of the endorsement on the instrument or in allonge to the instrument.
· An endorsement purporting to add terms and conditions is called a conditional endorsement for example, Pay to the order of Amy, if she rakes my lawn next Thursday November The UCC states that these conditions may be disregarded.
If a note or draft is negotiated to a person who acquires the instrument
1. in good faith
2. for value
3. without notice of any defenses to payment,
The transferee is a holder in due course and can enforce the instrument without being subject to defenses which the maker of the instrument would be able to assert against the original payee, except for certain real defenses. These real defenses include
(1) forgery of the instrument
(2) fraud as to the nature of the instrument being signed
(3) alteration of the instrument
(4) incapacity of the signer to contract
(5) infancy of the signer
(6) duress
(7) discharge in bankruptcy; and
(8) the running of a statute of limitations as to the validity of the instrument.
The holder in due course rule is a rebut table presumption that makes the free transfer of negotiable instruments feasible in the modern economy. A person or entity purchasing an instrument in the ordinary course of business can reasonably expect that it will be paid when presented to, The foregoing is the theory and application presuming compliance with the relevant law. Practically, the obligor payor on an instrument who feels he has been defrauded or otherwise unfairly dealt with by the payee may nonetheless refuse to pay even a holder in due course, requiring the latter to resort to litigation to recover on the instrument.
and not subject to dishonor by, the maker, without involving itself in a dispute between the maker and the person to whom the instrument was first issued this can be contrasted to the lesser rights and obligations accruing to mere holders. Article of the Uniform Commercial Code as enacted in a particular State’s law contemplates real defenses available to purported holders in due course.
Applicable of negotiable instrument Bangladesh:
Every negotiable instrument shall be governed by the provisions of this Act, and no usage or custom at variance with any such provision shall apply to any such instrument.
A. notwithstanding anything contained in the Code of Criminal Procedure, 1898, no appeal against any order of sentence under sub-section
(1) of section shall lie, unless an amount of not less than fifty per cent of the amount of the dishonored cheque is deposited before filing the appeal in the court which awarded the sentence
Negotiable instrument solution in Bangladesh:
Now a day’s extra judicial killings news is very common in Bangladesh. Although, Killings by law enforcement agencies are common in Bangladesh. In, the paramilitary group Jatiya Rakkhi Bahini came into force and had become infamous for its extrajudicial executions until it was absorbed into the army in Now, since the formation of the elite Rapid Action Battalion in March, such killings are again on the rise and are being categorized under a new vocabulary of crossfire, extrajudicial killings, encounters. This extra judicial killings issue diminish public faith on judicial system of Bangladesh. Now people of Bangladeshis thinking that law enforcement agencies can do anything without justice.
In Bangladesh, the law says minimum force should be applied to arrests and every person has the right to seek a trial. In the cases of crossfire, and encounters, these legal provisions are being totally ignored.
Article of the constitution of Bangladesh states To enjoy and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.” The constitution’s Article ensures the protection of the right to life and personal liberty in accordance with the law. Because of the consequences of such deprivation, the drafters of the constitution made this specific provision of protection even though these rights were already covered by Article. the protection of law, and to be treated in accordance with law, is the inalienable right of every citizen, wherever he may be, What is implicit in Articles and is the right to access to justice, and it cannot be said that this right has been dealt with in accordance with the law unless a person has a reasonable opportunity to approach the court in vindication of their right or grievance. Even a fugitive is entitled to a legal defence when the death penalty is involved.
* * *
No comments:
Post a Comment