School of Law

LAW204: Law of Registration and Limitation

Summer 2017
Class Room: UB 30202
Class Meeting Time: 11:00 am-12:20 pm (Sunday and Tuesday)

Course Instructor: Khandker Tasnuva Haque

Office: UB40503
E-mail: [email protected]

Credit Points: 3

Office Hours:
Normal consultation hours are available for student, which will be affixed outside the office
room’s door. In addition, students can also walk in for consultation when the course instructor is
available in her office.

I. Rationale:

This course is divided into two parts. First, law of registration and lastly, law of limitation.

In order to establish individuals claim over any substance, the necessity of the law of registration
is incontrovertible. The law of registration is a process through which documents are recorded in
any public or private office. In Bangladesh, most of the civil cases are related to land disputes. In
these disputes law of registration is incontestable. Where any kind of fraud or corruption exists
on that occasion registered documents can play vital role. Registration is related with other
branch of laws as well. Such as: law of contract, specific relief Act, law of evidence, law of
transfer of property, land law and many more. Therefore, for a law student, it is essential to
know law of registration. Law of registration helps to prevent any kind of fraud, help to inform
the government for taking future legal actions, ensure evidence as to transfer of any property and
many more. Registration is a legal basis for establishing different legal valid claims. Therefore,
this is essential to be learned during under-graduation of a law degree.

On the other hand, law of limitation deals with legislation/s which prescribe time limits for
different kinds of litigations. This law covers limitation period for: suits, appeals, revisions,
application and review. A person’s claim is valid until it is not barred by limitation. A legal

1
claim cannot be brought against party up to infinite period. In order to use the right against any
party, a person needs to comply with limitation period which generally suggests the time frame
of bringing a valid claim. Otherwise, from a well known principle of equity which is, delay
defeats equity, it can be stated that no matter how strong your claim is, if you do not bring
proper measure within limited time than you will be precluded from claiming your right. Thus it
is necessary to know the prescribed limitation periods and exceptions to such strict limitation
under which a matter can be litigated after the expiry of limitation period.

Thus, both law of registration and limitation is essential to learn during under graduation. This is
fit for the students and will help them to understand how to and up to what extent a person can
validate his/her right.

II. Course Aims and Outcomes:

Aims
The course aims at providing:
a) Specific understanding on documents which requires registration referring, compulsory and
optional registration
b) Understanding on the necessity and effect of registration and non-registration
c) Depth understanding on limitation period in case of Suit, Appeal, Review, Application and
Revision.
d) Understanding on the calculation of limitation period. (Which days are not counted in
calculating limitation period)
e) Clear and overall knowledge to the students, who are thinking of a career in the judiciary, as
the syllabus of this course is included in the syllabus for Bangladesh Judicial Service
Commission’s Entrance Examination. Students should find it useful
f) Analytical skill which is required by practicing lawyer, for the students who wants to pursuit
their career as a lawyer.
g) Basic knowledge which is necessary in day to day transaction of general people.

Specific Learning Outcomes:

It is expected that by the end of this course, students will be able to
a) Identify and conceptualize different issues relating to law of registration and limitation.
b) Evaluate the major issues relating to registration and identify the necessity of registration.
c) Analyze and evaluate legal cases.
d) Use the law and apply in their general life in order to protect their rights more profoundly.
e) Justify their reasonable argument on the basis of procedural and substantive law relating to
Muslim family disputes.
f) Determine and advice other regarding the limitation period of their claim.
g) Apply the law and ascertain different clients’ validity of rights and duration of their claim.

III. Format and Procedures:

2
The classes will be conducted mainly through delivering lectures. In addition, some other
teaching methods will be used. Such as: interactional sessions, PowerPoint presentations, Case
presentation and many more. Students are expected to participate in the class positively and
share their legitimate views and opinions in the class. Constructive participations will be
appreciated. A respectful relation between students and teacher is expected in the class. Students
are allowed to ask questions by raising their hands. However, unnecessary interruption with the
aim of disturbing the whole class is not accepted. Students will be appreciated for their positive
and constructive discussion. Students can play their participatory role by giving presentation on
cases and many more. Considering different areas of the course and student’s need, the teaching
method will be varied time to time. Students are encouraged to revise their earlier classes topics
as review questions can be asked to them with can add in the class participation mark.

IV. My Stance
Education is a wide area where students should not kept them confine to a particular course
outline. The consultation hours are available for students who want to ask any question relating
to the subject although not covered in the class. This will work as a learning process for both the
teacher and the students. So, a positive learning process should always be appreciated.
Nevertheless, considering the syllabus and mark distributions, students should prepare
themselves for achieving good results which will be an indication of both teachers’ and student’s
collective success.

V. Course Requirements: Students are required to read and understand the legislations
properly. Only memorizing will not help student to get desired grade or outcome. Cases and
legislations are the main basic of the course. At the beginning of each days lecture students are
requested to read their previous lesson. This will help them to ask any further question and also
to relate them with new topics.

1. Class attendance and participation policy: BRAC University’s policy would be strictly
adhered to, which provides inter alia that a student attending less than 70% of the total classes
must not be allowed to sit for the final examination. Students are requested to note that as per the
policy of BRAC University, any students entering the classroom after 10 minutes from the
beginning of the class would miss the attendance.

2. Course readings:

(a) Required text:

a) A handbook on law of limitation by Rashadul Islam, University Publication.
b) The Limitation Act, 1908 (DLR)
c) The Registration Act, 1908 (DLR).
d) MLR on the Law of Limitation.
e) The Registration Act by Shaukat Mahmoud and Nadeem Mahmood,Legal Research
Centre.

(b) List of Legislations:

The Registration Act 1908 [XVI of 1908]

3
The Limitation Act 1908 [IX of 1908]

VI. Grading Procedures:

(a) Attendance (5%)
(b) Mid Term Exam (20%)
(b) Quiz (2 quizzes 10 +10) 20%)
(c) Assignment (10%)
(d) Final Examination (45%)

VII. Academic Integrity

Each student in this course is expected to abide by the BRAC University Code of Academic
Integrity. Any work submitted by a student in this course for academic credit will be the
student's own work. [Optional: For this course, collaboration is allowed in the following
instances: list instances.]. Also refer to plagiarism policy that will be on the web.

You are encouraged to study together and to discuss information and concepts covered in lecture
and the sections with other students. You can give "consulting" help to or receive "consulting"
help from such students. However, this permissible cooperation should never involve one
student having possession of a copy of all or part of work done by someone else, in the form of
an e-mail, an e-mail attachment file, a diskette, or a hard copy.

If copying occurs, both the student who copied work from another student and the student who
gave material to be copied will both automatically receive a zero for the assignment. Penalty for
violation of this Code can also be extended to include failure of the course and University
disciplinary action.

During examinations, you must do your own work. Talking or discussion is not permitted during
the examinations, nor may you compare papers, copy from others, or collaborate in any way.
Any collaborative behavior during the examinations will result in failure of the exam, and may
lead to failure of the course and University disciplinary action.

VIII. Accommodations for students with disabilities

I am available to discuss appropriate academic accommodations that may be required for student
with disabilities. Requests for academic accommodations are to be made during the first three
weeks of the semester, except for unusual circumstances, so arrangements can be made. Students
are encouraged to register with Student Disability Services to verify their eligibility for
appropriate accommodations.

IX. Tentative Course Schedule

Law of Registration:
Topic 1: Introduction to the law of registration and limitation (including definitional clause)
Topic 2: Registration Establishment
Topic 3: Of Registrable Documents: Documents of which registration is compulsory

4
Topic 4: Of Registrable Documents: Documents of which registration is optional and required
descriptions.
Topic 5: Time of presenting documents for registration
Topic 6: Place of Registration
Topic 7: Enforcing the appearance of executants and witnesses
Topic 8: Registration of wills and authorities to adopt
Topic 9: Effects of registration and non-registration
Topic 10: Duties and powers of registering officers
Topic 11: Refusal to register
Topic 12: Touts and penalties.
Law of Limitation:
Topic 1: Introduction of the law of limitation and definition clause
Topic 2: Limitation of suits, Appeals and Applications
Topic 3: Computation of limitation period
Topic 4: Acquisition of ownership by possession
Topic 5: First schedule of limitation Act 1908
Topic 6: Review

Considering the need, interest and conveniences of the students some topics may be added later
in this schedule.

X. Additional Resource Readings & Web Links

If required then additional resources will be provided in the class and will be uploaded in the
server.