Court Structure and Jurisdiction in Bangladesh

INTRODUCTION

The subject of legal History comprises the growth, evolution and development of the legal system of a country; it sets forth the historical process where by a legal system has come to be what it is over time.

The subordinate courts in Bangladesh are one of the two tiers of the court system in Bangladesh and the other tier is the Supreme Court (which has been discussed earlier).The subordinate courts are located in different districts and metropolitan areas across Bangladesh. All the subordinate courts are under the authority or supervision of the Supreme Court of Bangladesh that is, all the subordinate courts of Bangladesh are subservient or subjugated to the Supreme Court of Bangladesh. There are a wide variety of subordinate courts, such courts are the creatures of statutes. Their powers, Functions and jurisdictions are also determined by the respective statutes. These are the basic courts in the system of the judiciary of Bangladesh. The major bulk of the cases, are tried and heard in such courts. The basis of subordinate courts are-

* Article. 114 of the Constitution of Bangladesh which deal with the establishment  pf subordinate courts and lays down the there shall be in addition to the Supreme Court, such courts subordinate  there to as may be established by law.

* The Civil Courts Act 1887

* The Code of Criminal Procedure (CrPC) 1898

The subordinate courts in Bangladesh can be divided in two broad classes, namely, civil courts and criminal court.

INTRODUCTORY REMARKS

Bangladesh which emerged as an independent and sovereign state on the 16th December, 1971, has a long political and legal history. In the ancient times it was ruled by the local Hindu rulers who administered justice according to local customary laws based on religion. At the beginning of the 13th century it was invaded by the Muslims who ruled the country up to the middle of the 18th century. They introduced Islamic administration of  justice in which reflection of the legal system of the Hindu period could not be ignored .Though the British came to Indian Sub-continent at the beginning of the 17thcentury, they were able to establish political sovereignty over Bengal and ultimately over the whole of Indian Sub-continent at the middle of the 18th century. They infiltrated their legal system and replaced the earlier one in course of time. The British left the Sub-continent in 1947 giving independence to colony of India by dividing into two independent dominions, India and Pakistan. On independence in 1947, Bangladesh which was previously a part of province of Bengal became a province of Pakistan named as East Pakistan and was ruled by the Pakistani neo-colonial rulers up to 1971 when it emerged as a sovereign state.

So, the roots of the development of legal system of Bangladesh go back to the ancient times of Indian Sub-continent. It passesd through various stages stages and has gradually developed as a continuous historical process. The process of the development can be conveniently divided into the four important periods-Hindu period, the Muslim period, the British period and the Modem period. The Hindu period extended for nearly 1600 years and after the beginning of the Christian era. Muslim period began with the first major invasion by Muslims in Indian Sub-continent in 1100A.D. The British period began with the consolidation of their power in 1757A.D.in India, and lasted for nearly two hundred years. The Modern period has begun with the withdrawal of the British colonial rule from the Indian Sub-continent and the establishment of the independent States of India and Pakistan in 1947.1

* Sec V.D. Kulshreshth, Landmarks in Indian Legal and Constitutional History (Lucknow: Eastern Book Company, 1981) at p.1.

MUGHAL PERIOD

During the Mughal period the Emperor was considered the fountain of justice. The Emperor created a separate department of justice with a view to regulating and observing the proper administration of justice. A systematic gradation of courts with well-defined powers of the presiding Judges existed all over the empire. They were as follows:

At Delhi, the capital of the Mughal Empire, three important courts were established: the Emperor’s Court, the Chief Court of the empire and the Chief Revenue Court. The Emperor’s Court, presided over by the Emperor, was the highest Court of the empire. The Court had original and appellate jurisdictions to hear civil and criminal cases. The Chief Court of the empire,

presided over by the Qazi-ul-Quzat(Chief Justice) who was appointed  by the Emperor, was the second important Court at Delhi, the seat of the Capital. The Court had the original and appellate jurisdictions to hear civil and criminal cases. It also supervised the working of the provincial courts. The Chief Revenue Court, presided over by the Diwan-e-Ala was the third important Court established at Delhi. It was the highest Court of appeal to decide revenue cases.

In each Province (Subah) there were three courts, namely, the Governor’s Court and the Bench, the Chief Appellate Court and the Chief Revenue Court. The Governor;s own Court (Adalat-e-Nazim-e-Subah), presided over by the Governor(Nazim-e-Subah), had original jurisdiction to hear cases arising in provincial capital. Sometimes the Governor presided over a Bench to hear original, appellate and revisional cases. The Provincial Chief Appellate Court was presided over by the Qazie-e-Subah. The Court had ortginal and criminal jurisdiction.

In each district (Sarkar) there were four courts ,namely, the Chief Civil and Criminal Court of the district , Faujdari Adalat, Court of Kotwali and Amalguzari Kachehri.In each parganah there were three courts , Adalat-e-paragana ,Court of Kotwali and Kachehri. At the village level the Mughal retained the ancient system of the panchaets for the settlement of petty disputes. Aarpanch, the village-headman, was the President of the panchact.

This system of law under the Mughals was effective and worked well for some centuries. Its disintegrstion started when the control of the Mughal Emperors over the provinces became less effective. Another cause of this disintegration was the coming of the English and the infiltration of their legal system into the country. The acquisition of sovereignty over India was slowly made by imperceptible steps and ‘‘the sudden application of a foreign law was in the highest degree, improbable’’.2 But ultimately the English established their sovereignty over Indian Sub-continent and made an expansion of the common law in India.

* Mayor of Lyons v. East Indian Co., (1836)1 M.I.A. 175, per Lord Brougham at p. 277.

BRITISH PERIOD

The English first came to India as trading companies under a series of Charters granted by successive English sovereigns. The earliest was of Eliabeth I in 1600 A.D. It gave the company power to make reasonable bye-laws, ordinances for the good government of the Company and its servants provided they were not contrary to   “the laws, statutes or customs of the English realm.” Sir James Stephen thought that this first introduced the laws of England into India.

In 1726 A.D. the Crown granted Letters Patent creating Mayors’ Courts in the Presidency Towns of Calcutta, Bombay and Madras.4These were not the Company’s Courts but Courts of the King of English. These Courts consisted of the Mayors and certain aldermen and were authorised “to try, hear and determine all civil suits, actions and pleas” and “to give judgment and sentence according to justice and rights.” The Charter creating the Mayor’s Courts did not expressly state that the law to be applied by these Courts was to be the law of English. But the decision of the Privy Council was that the Charter introduced into the Presidency Towns the law of England-both common law and statute law-as it stood in 1726.5 Morley differing from the view expressed by Sir James Stephen also reached the similar conclusion.

* See Justice Vivian Bose, “the Migration of the Common Law” The Law Quarterly Review,    Vol. 76(1960) p. 59

* Letters Patent of 24th September, 1726, the 13th year of the reign of George I.

* See Advocate-General of Bengal v. Ranee Surnomoye Dossee. (1863) 9  M.I.A. 424.

* See Justice Vivian Bose, op. cit., at p.60

In course of time the activities of the companies were not confined to the factories; and their officers gradually assumed the management of affairs in the interior of the country as well. They defeated the Nawab of Bengal in 1757A.D. and established the politinal supremacy in Bengal, Bihar and Orissa. In 1767A.D. Clive successfully persuaded Mughal Emperor Shah Alam to grant to the Company Diwani to the collection and administration of revenue of Bengal, Bihar and Orissa.

“This involved the establishment, not only of officers to collect the revenue, but also of court of administers civil and criminal justice.” Professor Alan Gledhill regarded it as the “de jure recognition” of supreme control of the British.

After the acquisition of Diwaani in 1765 A.D. the Company introduced adalat or court system in 1772A.D. for the administration of justice in Mufassil beyond Presidency Town of Calcutta and set up two types of Court in each revenue district. For civil justices, Provincial Civil Court styled Mufassil Diwani Adalat was established in each collectorate and a Chief Civil Court styled Sadar Diwani Adalat with appellate power was established in Calcutta. A Supreme Court of Judicature replacing the Mayor’s Court was established in Calcutta by a Charter of the 26th March, 1774 A.D. pursuant to the Regulating Act of 1773,9 A.D. passed by British Parliament. It had jurisdiction of a common law court and also the powers of the court of equity analogous to those exercised at one time by the Court of Chancery in Britain.

* Ibid.

* Alan Gledholl. Pakistan: The Development of its Laws Constitution (London: Stevens and   Sons. 1967) at p. 17.

* 13 Geo. III,C. 63.

In 1862.A.D.the High Court of Calcutta was established pursuant to the provisions of the High Courts Act,1861.10 This High Court replaced the Supreme Court and Chief Civil Court or Sadar Diwani Adalat. All the original and appellate jurisdictions of the Supreme Court, the appellate jurisdiction of Sadar Diwani Adalat and Sadar Nizamat Adalat became vested in the said High Court. Provision for appeal from the High Court to the Privy Council was made under certain circumstances. The provisions of the High Courts Act, 1861, were modified by the Indian High Courts Act, 1911.11 The Government of India Act, 1915, reenacted all provisions made by the Indian High Courts Acts of 1861 and 1911 in relation to the High Courts. The Government of India Act, 1935, retained many provisions regulating the establishment, constitution, jurisdiction and powers of the High Courts.

The Government of India Act, 1935, also provided for the establishment of a Federal Court Which was given exclusive original jurisdiction to decide cases between the Centre and the constituent Units. Its advisory jurisdiction was limited only to those cases which were referred to it by the Governor-General for its advice on any legal question of public importance. It also exercised appellate jurisdiction from-the decisions of the High Courts but it was a very limited one. The Act made provision for an appeal to the Privy Council from the Federal Court.

* 24 &25 Vict. C. 104

* 1&2 Geo. V. C. 18.

* 5&6 Geo. V. C. 61.

* 26 Geo. V. C. 2.

This judicial system continued up to 1947 A.D. when two independent dominions, India and Pakistan, were created under the Indian Independence Act, 1947.

Before closing the discussion on the legal system under the British period a brief discussion on the codification of law should be made. The beginning of the 19th century was full of confusion and chaos. Law in all the Presidency Towns was not uniform. Judicial decisions introduced some differences therein. There was uncertainty whether a particular proposition of law was applicable or not either in the Mofussil or in ‘the Presidency Towns till the highest court had given a verdict. The non-Hindu and non-Muslim sections of population were subject to different laws as according as they resided in the Mofussil or the Presidency Towns, and this caused them great inconvenience.

The condition of law at that period provoked comments and criticisms from many leading people who put emphasis on the codification of law.16 The creation of an All India Legislative Council in 1833 under the Charter Act of 1833 and creation of Law Commissions of 1835,1853,1861, and1879,were the direct reflections of these comments and criticisms,and the promulgation of the Indian Penal Code,1860(Act XLV of 1860), marked” the beginning of the period of codification of substantive law.

* 10&11 V Geo. VI. C. 30

* Hansard’s Debates, Third Series, Vol. VXIII, 729 (1833). See also Musleah v. Musleah, Ind. Dec. (OS) III, 147

*  See M.P. Jain, Outlines of Indian Legal History (Bombay: N.M Tripathi Private Ltd:, 1972)  at pp. 500-505

* 3&4 Will. IV C. 85.

* M.P. Jain, op.cit., at pp. 511-551.

* Ibid., at p. 551.

In 1872 the famous Indian Evidence Act (Act I of 1872) and Indian Contract AIbid., at p. 551.ct (Act IX of1872 ) were passed. All these Acts were based on the common law of England and made remarkably few departures from it.20 Within a few years a number of Acts were passed which provided the laws according to the provisions of which administration of justice was maintained.

In this way “… the English brought into India not only the mass of legal rules strictly known as the common law but also their traditions, outlooks and techniques in establishing, maintaining and developing the judicial system”21 the far reaching impact of which will not be removed in the near future.

* Justice Vivian Bose, op. cit., at p. 60.

* M.C. Setalvad, (London: Stevens and Sons Limited, 1960) at p.3.

HINDU PERIOD

In ancient Bangladesh as well as in India the king was regarded as the fountain-head of justice. His foremost duty was to protect his subjects. He was respected as the lord of religion and was entrusted with the supreme authority of the administration of justice in his kingdom. The king’s Court was the highest Court of appeal. It was also the original Court on the cases of vital importance to the kingdom.

Next to the King was the Court of the Chief Justice. Apart from the Chief Justice, the Court consisted of a board of Judges to assist him. In the district headquarters the courts were presided over by the government officers under the authority of the King for the administration of justice. In the villages there existed panchaets (councols) consisted of a board of five or more members to dispense justice to the villagers. The village panchaets dealt with simple civil and criminal cases.

In ancient Bangladesh the law which was administered was customary. Canon law was also recognized. Besides, dicta emanating from religion was regarded as a major source of law. This system remained operative in the country with some modifications here and there until the advent of Islam in Indian Sub-continent

PAKISTAN PERIOD

During the Pakistan period except abolition of the jurisdiction of the Privy Council and conferment of the same on the federal court established under the Government of India Act 1935, there was no change in the structure and constitution of the courts. By an amendment of the Act of 1935 the high courts were given power to issue writs, but subsequently that amendment was declared invalid by the federal court. The Constitution of Pakistan 1956 empowered the high courts to issue writs not only to enforce fundamental rights, but also to declare any action of public authorities to be without lawful authority and of no legal effect and other remedies.

The supreme court which replaced the federal court was given power to issue writs to enforce fundamental rights in addition to the power to hear appeals from the decision of the high courts. The supreme court and the high courts could also declare null and void any laws which was inconsistent with the fundamental rights. The laws made during British rule continued with minor modifications. However, after the promulgation of martial law in 1958, the Constitution was abrogated. Trial by jury was abolished in June 1959, and in 1961 conciliation courts were constituted with the chairmen of the union prishads and representatives of the disputing parties to decide petty civil and criminal cases. The Constitution of 1962 as amended in 1964 gave power to the high courts to enforce fundamental rights in addition to power to issue writs, and the supreme court to hear appeals from the decisions of the high courts. But the constitution was again abrogated in 1969 after the promulgation of second martial law.

BANGLADESH PERIOD

After the emergence of Bangladesh in 1971, initially there was no change of laws and the judicial system. But with the coming into force of the Constitution of Bangladesh on 16 December 1972, the Supreme Court of Bangladesh with two divisions, the High Court Division and the Appellate Division, came into being. As the apex court the high court division has been vested with the power to hear appeals and revisions from subordinate courts, and also to issue orders and directives in the nature of writs to enforce fundamental rights and to grant other reliefs available under the writ jurisdiction.

The appellate division is vested with power to hear appeals from the decisions of the high court division or from any other body under any statute. The high court division has also powers of supervision and control of the subordinate courts and tribunals. The supreme court is a court of record and can punish any one for its contempt or contempt of the courts subordinate to it. The laws declared by the appellate division is binding on the high court division and law declared by either division is binding on all subordinate courts. The high court division may declare any law inconsistent with the fundamental rights as null and void. The President of the republic controls the judicial officers of the subordinate courts in consultation with the supreme court.

There are labour courts and labour appellate tribunals to decide labour disputes, administrative tribunals and administrative appellate tribunal to decide service disputes of public servants, income tax appellate tribunal to decide income tax disputes, custom, excise and VAT Appellate tribunal to decide disputes regarding custom and excise duties and VAT, court of settlement to decide disputes about abandoned properties, special judges to try corruption cases against public servants, special tribunals to try criminal cases under the Special Power Act 1974 and Nari-o-Shishu Nirjatan Daman Adalats to decide cases of crimes committed against children and women. To decide election disputes the election tribunals are constituted with judicial officers. Other tribunals follow the some procedure. Family courts have been constituted with assistant judges to decide family disputes. To decide money claims of the banks and other financial institutions Artha Rin Adalats have been set up presided over by judges, and insolvency courts have been set up presided over by district or additional district Judges to declare defaulting borrowers as insolvent. To try offences committed by children below the age of 16 years, juvenile courts have been formed with the magistrates and sessions judges, and juvenile courts follow the special procedure laid down in the children’s Act.

Court martial formed under the provisions of the Army Act, Air Force Act, and Navy ordinance, tries the offences committed by the members of the armed forces, and the decision of such a court cannot be challenged in the supreme court. There are village courts in the rural areas and municipal conciliation boards in the urban areas to decide petty civil and criminal cases. The land appeal board is the highest authority to hear revenue appeals from the decisions of the subordinate land revenue authorities, and the national board of revenue decides tax, duty, excise and VAT cases at the highest level.

Almost all the substantive laws creating rights and obligations are those enacted during the British period, and are still in operation with modifications from time to time. The most important modifications of the Code of Criminal Procedure are abolition of the provisions of enquiry made by the magistrate to see whether there is a prima-facie case against the accused to send him for trial in the court of sessions and trial of sessions cases by the assessors.

The legal system of Bangladesh is basically a common law system with the difference that the supreme court can not only interpret laws made by the jatiya sangsad but can also declare the same null and void and enforce fundamental rights of the citizens. Though the legal system is founded on the English common law, most of the laws of Bangladesh are statutory laws enacted by the legislature and interpreted by the higher courts. The procedural laws provide for an adversarial system of litigation in which prosecution has to prove the guilt of the accused who has no burden save in some exceptional cases, and the accused is presumed innocent till found guilty after trial, whereas in a civil case the burden is divided between the litigating parties. Moreover, there is a separation of powers amongst the legislature, executive and judiciary. The supreme court is not only independent of the other organs, but also acts as the guardian of the Constitution. Though the subordinate judiciary is independent in exercising of judicial power, the same is under eclipse due to the absence of separation of the lower judiciary from the executive. Consecutive governments committed themselves to separation, but as yet no action has been taken at the ground level. The Sangsad can enact laws, but the same cannot be inconsistent with the provisions of the Constitution, which include a number of fundamental rights. Thus the legislative power of the Bangladesh Jatiya Sangsad is not unlimited like that of the British parliament which is said to have power to make any law.

The basic law of Bangladesh is the constitution of the People’s Republic of Bangladesh, 1972 as amended from time to time. Till 1996, thirteen amendments have been made. All laws of the country are subordinate laws made by the elected Sangsad conforming to the tenets of the Constitution. The laws enacted by the legislature and now in operation regulate almost all spheres of life. Ordinarily executive authorities and statutory corporations cannot make any law, but can make by-laws to the extent authorized by the legislature. Such subordinate legislation is known as rules or regulations. Unless found ultra vires of the parent law, such rules or regulations are also enforceable by the court like the laws made by the legislature. Important laws of the country may be classified under some broad heads such as land and property laws, personal laws, commercial laws, labour and industrial laws, election laws, law of crimes, service laws, fiscal laws, press laws and laws relating to the remedies.

In addition, there are various other laws on different subjects regulating different fields and spheres of activities of national life. To seek remedy a person has to file a case before the appropriate court or authority. Claims regarding money, property, compensation etc is to be filed before the civil court presided over by the assistant judge or subordinate judge according to value of the claim, and complaint against commission of crime is to be filed either with the local police station or in the criminal court of the magistrate of the first class of the locality. The police investigates the cases lodged with the police station and produces witnesses before the court during trial. On the other hand, it is the responsibility of the complainant to produce witnesses before the court in the cases in which magistrates take cognizance on the basis of a written complaint. There are other authorities before which remedies may be sought by an aggrieved party. Those authorities are administrative authorities or tribunals. Except in respect of enforcement of fundamental rights, admiralty, company matters and writ petitions, relief cannot be sought directly from the high court division which mainly deals with appeals and revisions from the decisions of the subordinate courts.

The legal system is so vast and complicated that an ordinary person without the help of a legal practitioner (known as advocate) cannot effectively seek legal remedy from the court, administrative authorities or tribunals though there is no legal bar in seeking remedy directly without engaging a lawyer.

The attorney general is the principal law officer of the government. He is also leader of the bar and ex-officio chairman of the bangladesh bar council. He is assisted by the additional attorney general, deputy attorney generals and assistant attorney generals. They represent the state in the supreme court and conduct cases at courts on behalf of the state. The government pleader is the principal law officer of the government in the district and he is assisted by the additional and assistant government pleaders. They represent the state in the subordinate civil courts in the district and conduct cases in those court on behalf of the state. Similarly the public prosecutor is another principal law officer of the government in the district in criminal matters. He is assisted by the assistant public prosecutors. They conduct prosecution cases on behalf of the state in the courts of sessions, sessions level courts or tribunals in the district. The police inspectors conduct prosecution cases on behalf of the state in the courts of the magistrates.

In Bangladesh every one is equal before the law and entitled to equal protection of law, and there cannot be any discrimination on the ground of religion, race, sex, etc and no one can be detrimentally affected in life, liberty, body, reputation or property except in accordance with law. rule of law is one of the basic features of the legal system of Bangladesh. [Kazi Ebadul Hoque

CIVIL COURTS AND THEIR JURISDICTIONS

The Code of Civil Procedure, 1908(Act V of 1908),forms one of the most important, part of the adjective law of Bangladesh because it contains the law in accordance with which courts of civil judicature proceed in the trial of suits and other proceedings before them. Subject to the appellate jurisdiction of the Appellate Division of the Supreme Court, the High Court Division is the highest court of civil judicature in Bangladesh which has superintendence and control over District court, Civil Court of a grade inferior to that of a District Court and Court of Small Causes. These Courts include five classes of Civil Courts: *(a) The Court of the District Judge; (b) The Court of the Additional District Judge; (c) The Court of the Joint District Judge; (d) The Court of the Senior Assistant Judge and (e) The Court of the Assistant Judge.

Hierarchy of Civil Courts

The structure of civil courts in Bangladesh are as follows:

  1. The Court of the District Judge
  2. The Court of the Additional District Judge
  3. The Court of the Joint District Judge
  4. The Court of the Senior Assistant Judge
  5. The Court of the Assistant Judge

* Section 3 was substituted, for section 3 by section 2 of the Civil Courts (Amendment),   Act2001 (Act No. XLIX of 2001) 

ORDINARY JURISDICTION

Under section- 18 of civil procedure extent of original jurisdiction of District or Joint District Judge

Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or 1Joint District] Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure, 1908 to all original suits for the time being cognizable by Civil Courts.

Under section- 19 of civiel procedure Extent of jurisdiction of Senior Assistant Judge, etc.

Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a Senior Assistant Judge and an Assistant Judge shall extend to all suits of which the value does not exceed four lac Taka and two lac Taka respectively.

Under section- 20 of civiel procedure 3[Appeal from District and Additional District Judges]

(1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge or 4[ Additional District] Judge

shall lie to the High Court Division.

(2) An appeal shall not lie to the High Court Division from a decree or order of an 5[ Additional District] Judge in any case in which, if the decree or order had been

made by the District Judge, an appeal would not lie to that Court. 6

Under section- 21 of civiel procedure 7[Appeal from Joint District Judge, etc.]

(1) Save as aforesaid, an appeal from a decree or order of a 8 [Joint District] Judge shall lie-

(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed 9 [five lac Taka] and

(b) to the High Court Division in any other case.

(2) Save as aforesaid, an appeal from a decree or order of a 10 [Senior Assistant Judge or an Assistant Judge] shall lie to the District Judge.

(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an 11 [Additional District] Judge, the appeals may be preferred to the 12 [Additional District] Judge.

(4) The High Court Division may, with the previous sanction of the Government, direct, by notification in the official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the decrees or orders of any 13 Senior Assistant Judge or an Assistant Judge], shall be preferred to the Court of such 14 Joint District] Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.

THE ADMINISTRATIVE TRIBUNALS: 

Constitution: Administrative Tribunals have been established by the Government and each of the tribunals consists of one member appointed by the Government from amongst persons who are or have been district judge.

 Jurisdiction: It has exclusive jurisdiction to hear and determine application made by any person in the service of the People’s Republic in respect if the terms and condition of his service. Appeal lies from the decision of this tribunal to the appellate tribunal.

Constitution:

This Tribunal consists of one member only appointed by the Government from the amongst the sitting or retired judges of the H.C.D.

B.               Jurisdiction:

Appeal lies from the decision of the labour court to this tribunal subject two provision of the respective labour and industrial laws.

A.   CONSTITUTION:

With a view to adjudicate disputes regarding employment of commercial or industrial labour a labour courts have been  established. These consist of a chairman and two members. The chairman is appointed from amongst the District Judges or Additional district judges and one of the consultation with the employers and the other in consultation with the workmen.

B.   JURISDICTION: 

(I)               Adjudicate and disputes (*) industrial disputes (*) lay of (*) Termination and dismissal from service etc.

(II)            Try offences (*) unfair labour practice (*) illegal strike or lock out (*) Non compliance of orders etc.

C.  CONSTITUTION: 

Family Courts have been establish under  the Ordinance 1985. The Assistant Judge  is the judicial officer of this court.

B.  JURISDICTION:

This court will have jurisdiction over the following matters:

(1)             Dissolution of marriage

(2)             Dower

(3)             Restitution of conjugal  rights

(4)             Maintenance

(5)             Guardianship and custody of children

A.   CONSTITUTION:

Artho  Rin Adalat (Loan Recovery Courts) have been constitution with Joint district Judges in every district.

To realize debt due to banks and financial Institutions as specified in the Act, 2003.

(II) Procedure to be followed: Unless there is anything repugeant in the Act, the court many follow the procedures as laid in the C.P.C.

CONSTITUTION:

As there is small cases court to ensure speedy justice and early disposal of disputes of small amount, the Government has empowered the form courts to try the cases of small amount.

(A) Small cause suit valued up to   taka six thousand is to be filed in the court of Assistant Judge.

(B) Suit valuation up to taka ten thousand to be field in the Senior Assistant Judge of the local area.

(C) Suit valued up to taka twenty thousand is to be field in the Joint District Judge of the local area vested with small cause’s power.

NOTES AND REFERENCES

  •  The words “Joint District” were substituted, for the word “Subordinate” by section 9 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)
  •  Section 19 was substituted, for the former section 19 by section 10 of the Civil Courts  (Amendment) Act, 2001 (Act No. XLIX of 2001).
  •  The marginal heading was substituted, for the former marginal heading by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)
  • The words “Additional District” were substituted, for the word “Additional” by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The marginal heading was substituted, for the former marginal heading by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Additional District” were substituted, for the word “Additional” by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  •  The marginal heading was substituted, for the former marginal heading by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Joint District” were substituted, for the word “Subordinate” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Five lac Taka” were substituted, for the words “one lac and thirty thousand Taka” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Senior Assistant Judge or an Assistant Judge” were substituted, for the words “Assistant Judge” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Additional District” were substituted, for the word “Additional” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Additional District” were substituted, for the word “Additional” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Senior Assistant Judge or an Assistant Judge” were substituted, for the words “Assistant Judge” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Joint District” were substituted, for the word “Subordinate” by sections 12 and 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The marginal heading was substituted, for marginal heading by section 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Joint District” were substituted, for the word “Subordinate” by sections 12 and 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Joint District” were substituted, for the word “Subordinate” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Senior Assistant Judge or Assistant Judge” were substituted for the words “Assistant Judge” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Joint District” were substituted, for the word “Subordinate” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Senior Assistant Judge or Assistant Judge” were substituted for the words “Assistant Judge” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • Sub-clause (e) was omitted by section 6(2) of the Bengal, Agra and Assam Civil Courts (Bengal Amendment) Act, 1935.
  • The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • In the marginal heading the words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • The words, brackets and figures “twenty thousand Taka in the case of a Subordinate Judge or ten thousand Taka in the case of an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in the case of any other Assistant Judge” were substituted, for the words, brackets and figure “ten thousand Taka in the case of a Subordinate Judge or five thousand Taka in the case of an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or three thousand Taka in the case of any other Assistant Judge” by section 4 of the Civil Courts (Amendment) Act, 1990 (Act No. XLVIII of 1990).
  • The words “Joint District” were substituted, for the word “Subordinate” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • The words “a Senior Assistant Judge or six thousand Taka in the case of an Assistant Judge” were substituted, for the words “an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in the case of any other Assistant Judge” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • In the marginal heading the words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • Section 25A was inserted by section 17 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)

Criminal Courts

The criminal law of Bangladesh makes due allowance for existence of courts of special jurisdiction and establishes various types of criminal courts across  Bangladesh subordinate to the SC. The Code of criminal Procedure (CrPC) 1898 is the legal bases of the criminal courts in Bangladesh. S.6 of this code lays down that besides the SC and the courts constituted under any law for the time being in force, other than this code, there shall be two classes of criminal courts in Bangladesh.

Classes of Criminal Courts

Classes of Criminal Courts.- (1) Besides the Supreme Court and the Courts constituted under any law for the time being in force, other than this Code, there shall be two classes of Criminal Courts in Bangladesh, namely:-

(a) Courts of Sessions ;and

(b) Courts of 2[ Magistrates].

(2) There shall be two classes of Magistrate, namely: –

(a) Judicial Magistrate and

(b) Executive Magistrate.

(3) There shall be four classes of judicial Magistrate, namely: –

(a) Chief Metropolitan Magistrate in Metropolitan Area and Chief judicial Magistrate to other areas;

(b) Magistrate of the first class, who shall in Metropolitan Area, be known as Metropolitan Magistrate;

(c) Magistrate of the second class; and

(d) Magistrate of the third class

Explanation: For the purpose of this sub-section, the word “Chief Metropolitan Magistrate” and “Chief judicial Magistrate” shall include “Additional Chief Metropolitan Magistrate” and “Additional Chief judicial Magistrate” respectively.]

Under Section- 7 of criminal Procedure sessions divisions and districts Power to alter divisions and districts Existing divisions and districts maintained till altered

Bangladesh shall consist of sessions divisions: and every sessions division shall, for the purposes of this Code, be a district or consist of districts.

Under Section- 8 of criminal Procedure Power to divide districts into Upazilas etc Existing sub-divisions maintained

The Government may divide a district into Upazilas and, by notification in the official Gazette, fix or alter the limits of a Upazila or merge the areas of more than one Upazila into one Upazila and in so fixing, altering or merging, the Government shall ensure that the area of a Upazila is identical with the local area included in a police Station.]

Under Section- 9 of criminal Procedure

Court of Sessions

(1)  The Government shall establish a Court of Session for every sessions division, and appoint a judge of such Court 4[ ; and the Court of Session for 5[ a] Metropolitan Area shall be called the Metropolitan Court of Session.]

(2) The Government may, by general or special order in the official Gazette, direct at what place or places the Court of Session shall hold its sitting; but, until such order is made, the Courts of Session shall hold their sittings as heretofore.

(3) The Government may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in one or more such Courts. 6[ ***]  Provided that where in a district, the District Magistrate, Additional District Magistrate or any Magistrate of the first class is specially empowered under section 29C to try any offence, all Assistant Sessions Judges of the sessions division within which the district is situate shall be deemed to have been appointed as Additional Sessions Judges of that division.]

The members of the Bangladesh Judicial Service shall be appointed as Sessions Judge, Additional Sessions Judge and Joint Sessions Judge in accordance with the rules framed by the President under the proviso to Article 133 of the constitution to exercise jurisdiction in one or more of such areas.]

(4) A Sessions Judge of one sessions division may be appointed by the Government to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in either division as the Government may direct.

(5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act.

Under Section- 10 of criminal Procedure

Executive Magistrates.

Executive Magistrates.- (1) In every district and in every Metropolitan Area, the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrat

(2)  The Government may also appoint any Executive Magistrate to be an Additional District Magistrate, and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the Government may direct.

(3)  Whenever in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the chief executive in the administration of the district, such officer shall, pending the orders of the Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate.

(4)  The Government may, or subject to the control of the Government, the District Magistrate may, from time to time, by order define local areas within which the Executive Magistrate may exercise all or any of the powers with which they may be invested under this Code and, except as otherwise provided by such definition, the jurisdiction and powers of every such Executive Magistrate shall extend throughout the district.

(5) The Government may, if it thinks expedient or necessary, appoint any persons employed in the Bangladesh Civil Service (Administration) to be an Executive Magistrate and confer the powers of an Executive Magistrate on any such member.

(6) Subject to the definition of the local areas under sub-section (4) all persons appointed as Assistant Commissioners, Additional Deputy Commissioners or Upazila Nirbahi officer in any district or Upazila shall be Executive Magistrates and may exercise the power of Executive Magistrate within their existing respective local areas

(7) Nothing in this section 9[ shall] preclude the Government from conferring, under any law for the time in force, on a Commissioner of Police, all or any of the powers of an executive Magistrate in relation to a Metropolitan area.

Under Section- 11 of criminal Procedure

Judicial Magistrates.

 In every district outside a Metropolitan Area, the Chief Judicial Magistrates 10[ , Additional Chief Judicial Magistrate] and other Judicial Magistrates shall be appointed from the persons employed in the Bangladesh Judicial service in accordance with the rules framed by the president 11under the proviso to Article 133 of the constitution.

An Additional Chief Judicial Magistrate shall have all or any of the powers of the Chief Judicial Magistrate under this Code or any other law for the time being in force, as the Government may direct.]

The Government may, or subject to the general or special orders issued by the Government in consultation with the High Court Division, the Chief Judicial Magistrate may, from time to time, define local areas within which the Judicial Magistrates may be invested under this Code, and except as otherwise provided by such definition the jurisdiction and powers of every such Magistrate shall extend throughout the district.

Notwithstanding anything contained in this section, the Government may require any Executive Magistrate to perform the functions of a Judicial Magistrate for a period to be determined in consultation with the High Court Division and during such period, the Magistrate shall not perform the functions of an Executive Magistrate.

Under Section- 12 of criminal Procedure

Special Magistrate.

(1) The Government may confer upon any person all or any of the powers conferred or conferrable by or under this Code on an Executive Magistrate in respect of particular cases or a particular class or classes of cases, or in regard to cases generally in any local area outside a Metropolitan are a :

Provided that no power shall be conferred under the sub-section on any police officer below the grade of an Assistant Superintendent of Police and no powers shall be conferred on a such police officer except so far as may be necessary for preserving the peace, preventing crime and detecting apprehending and detaining offenders, in order to bring the offender before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force.

(2) The persons on whom the powers under sub-section (1) are conferred shall be called Special Executive Magistrates and shall be appointed for such term as the Government may by general or special order direct.

(3) The Government may, in consultation with the High Court Division confer upon any Magistrate all or any of the powers conferred or conferrable by or under this Code on a powers conferred or conferrable by or under this Code on a Judicial Magistrate of the first, second or third class in respect of particular cases or a particular class or classes of cases or in regard to cases generally in any local area outside a Metropolitan Area.

(4) The Magistrate on whom the powers under sub-section (3) are conferred shall be called Special Magistrates and shall be appointed for such term as the Government may, in consultation with the High Court Division, by general or special order direct

(5) The Government may in consultation with the High Court Division confer upon any Metropolitan Magistrate all or any of the powers conferred or conferrable by or under this Code on Metropolitan Magistrate in respect of particular cases or a particular class or classes of cases, or in regard to cases generally in any Metropolitan Area.

(6) The persons on whom the powers under sub-section (5) are conferred shall be called Special Metropolitan Magistrates and shall be appointed for such term as the Government may in consultation with High Court Division by general or special order direct.]

Under Section- 15 of criminal Procedure Benches of Magistrates Powers exercisable by Bench in absence of special direction

The Government may direct any two or more Magistrates in any place 14[ outside 15[ a] Metropolitan Area] to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferrable by or under this Code on a Magistrate of the first, second or third class, and direct it to exercise such powers in such cases, or, such classes of cases only, and within such local limits, as the Government thinks fit.

Under Section- 16 of criminal Procedure Power to frame rules for guidance of Benches

The Government may, or, subject to the control of the Government, the 16[ Chief Judicial Magistrate] may, from time to time, make rules consistent with this Code for the guidance of Magistrates’ Benches in any district respecting the following subjects:-

(a) the classes of cases to be tried;

(b) the times and places of sitting;

(c) the constitution of the Bench for conducting trials;

(d) the mode of settling differences of opinion which may arise between the Magistrates in session.

Under Section- 17 of criminal Procedure  Subordination of Magistrates and Benches to District Magistrate;

(1) All Executive Magistrate appointed under section 10 and 12 (1) shall be subordinate to the District Magistrate who may, from time to time, give special order consistent with this Code as to the distribution of business among such Magistrates

(2) All Judicial Magistrates appointed under section 11 and 12 (3) and all Benches constituted under section 15 shall be subordinate to the Chief Judicial Magistrate who may, from time to time give special orders consistent with this Code and rules made by the Government under section 16 as to the distribution of business among Magistrates and Benches.
(3) All Metropolitan Magistrates including Additional Chief Metropolitan Magistrate, and Special Metropolitan Magistrate appointed under section 12 (5) and Benches constituted under section 19, shall be subordinate to the chief Metropolitan Magistrate, who may, from time to time, give special orders consistent with this Code and rules made by the Government under section 16 as to the distribution of business among such Magistrates and Benches.

(4) All Judicial Magistrates including the Chief Judicial Magistrate shall be subordinate to the Sessions Judge and all Metropolitan Magistrates including the Chief Metropolitan Magistrate shall be subordinate to the Metropolitan Sessions Judge.

 Under Section-17A of criminal Procedure  Subordination of Joint Sessions Judges

(1) All Joint Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and the Sessions Judge may, from time to time, make rules or give special orders consistent with this Code as the distribution of business among such joint Sessions Judges.

(2)The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Joint Sessions Judge and such Judge shall have jurisdiction to deal with any such application.]

Under Section- 18 of criminal Procedure  Appointment of Metropolitan Magistrates

 (1) In every Metropolitan Area, the Chief Metropolitan Magistrate, Additional Chief Metropolitan Magistrate and other Metropolitan Magistrates shall be appointed from among the persons employed in the Bangladesh judicial Service.

(2) The Government may appoint one or more Additional Chief Metropolitan Magistrates, and such Additional Chief Metropolitan Magistrates shall have all or any of the powers of the Chief Metropolitan Magistrate under this Code or under any other law for the time being in force, as the Government may direct.

Under Section- 19 of criminal Procedure

Benches

   Any two or more of Metropolitan Magistrates may, subject to the rules made by the Chief Metropolitan Magistrate, sit together as Bench.

Local limits of jurisdiction

 Every Metropolitan Magistrate shall exercise juris-diction in all places within 20[ a] Metropolitan Area for which he is appointed.

Under Section- 21 of criminal Procedure

Chief Metropolitan Magistrate

(1) The Chief Metropolitan Magistrate shall exercise within the local limits of his jurisdiction all the powers  conferred on him or on a Metropolitan Magistrate

under this Code, or under any law for the time being in force] and may, from time

to time, with the previous sanction of the Government, make rules consistent with

this Code to regulate-

(a) the conduct and distribution of business and the practice in the Courts of

Metropolitan Magistrates;

(b) the constitution of Benches of Metropolitan Magistrates;

(c) the times and places at which such Benches shall sit;

(d) the mode of settling differences of opinion which may arise between

Metropolitan Magistrates in session; and

(e) any other matter which could be dealt with by a District Magistrate under his

general powers of control over the Magistrates subordinate to him.

(2) For the purposes of this Code, all Metropolitan Magistrates, including the

Additional Chief Metropolitan Magistrates, and Bench of such Magistrates shall be

subordinate to the Chief Metropolitan Magistrate; who may, from time to time,

make rules or give special orders consistent with this Code, as to the distribution of

business among such Magistrates.

JURISDICTION OF TRIBUNAL

The tribunal shall not take any offence into cognizance without any written report of any police officer not below the rank of sub-inspector or any other person authorised by the Government with any ordinary or special order.

1) lf any appellant has failed to make his allegation to nay police officer or any authorise person and filed a. petition with an affidavit of such failure to the tribunal then verifying the appellant-

a) being satisfied the tribunal shall direct, any substrate or any other person to inquire into the allegation and he person so directed to inquiry shall submit the report to the tribunal within the period of seven working days;

b) being not satisfied the tribunal should dismiss the petition at once.

lb) If any tribunal is alter receipt of report, ‘satisfied that-

a) the petitioner has Sailed to make any police officer or any authorised officer to take the petition and there are evidences in support of the petition, then the tribunal shall take the offence for adjudication on the basis of such report and allegation;

b)    the tribunal shall dismiss the petition on  disproof of that the petitioner has failed to make the police officer to take the allegation,- or there is any evidence in support of such allegation.

c)      The tribunal may despite being not available of any allegation or recommendation in  regard to it to take proceeding,  take any offence for trial, if considers appropriate and for the greater interest of justice.

A.   CONSTITUTION:

The speedy Trial Tribunals have been established with the session Judge under the speedy Tribunal Act 2002.

B. JURISDICTION:

This tribunal shall try of these certain offences of (a) murder (b) rape (c) possession of illegal arms, (d) explosive (e) Narcotice within the specific time which are under trial of the different courts. Government will,by gazette notification, transfer these cases from trying courts to this tribunals. It is mentionable that the result of disposal of the cases of this tribunal is very satisfactory.

A. CONSTITUTION:

Government has established Environmental Courts for the trial of offences to relating to environmental pollution and matters. Environmental Courts have been constituted with the joint District Judges who are also ex-officio Assistant secsion Judges to try major environment offences under the environmental protection Act 1995 and other environmental laws and Rules. Similarly, Magistrates have been enpowed to try minor environment offense.

B.   JURISDICTION :

  1. Try all environmental offence under the relevant laws.
  2. Sentence not exceeding 3 years as well as fine, not exceeding 3 lac taka or above.

C. Procedure to be fallowed: Unless other wise provided in this Act, the criminal procedure code shall be applicable.

SPECIAL TRIBUNAL

Special Tribunal will judgment any cases which cases are come in special Tribunal. Special Tribunal give death sentences any imprisonment and give any punishment which is approval in Law. The Arms Act and the exclusive substant  Act 1908 function with special Tribunal.

Ain Shrinkhala (Aparaddomon) Druto Bichar Ain 2000-2002

The Government may established  one or more speedy Trial Tribunal in every district and metropolitan Area. For the fulfillment of the object of this law. The court may be established one 1st class Magistrate. This Tribunal complete their judgment to complain of the any sub-inspector.

Conclusion :

In the 1st chapter Introduction and  2nd chapter of this research  paper  I have discuss about the court structure of Mughal period, British period, Indian Period, Pakistan period and Bangladesh Period and in the 3rd chapter I have discuss about civil court where only judge the civil cases in the act of 1887 with Amendment in 2001 there are five kinds of civil courts-

  1. The Court of the District judge = The jurisdiction of this court in Five lac  taka.
  2. The Court of the Additional District Judge = The    jurisdiction of this court in five lac taka (Some).
  3. The Court of the joint District judge = This court can judge any unfixed case.
  4. The Court of the senior Assistant Judge = The jurisdiction of this court is four lac taka.
  5. The Court of the Assistant judge = The Jurisdiction of this court is two lac taka.

Beside these, there are criminal courts and this jurisdictions-

Court of Session = In every district there is a session court and there is a judge to maintain the trial.

  • Jurisdiction – One session judge can give three kinds of jurisdiction =

(i)                Original jurisdiction.

(ii)             Appellate jurisdiction.

(iii)            Revisional jurisdiction.

Metropolitan Magistracy – By the Act 18 there are =

(i)                Chief Metropolitan Magistrate

(ii)             Additional Metropolitan Magistrate

(iii)           Metropolitan Magistrate.

In every Metropolitan Area there are a chief Metropolitan Magistrate, one or more than one Additional Metropolitan Magistrate  and some Metropolitan Magistrate. They are 1st class Magistrate.

  • Jurisdiction of the Magistrate –

According to the Criminal court section 32 they can give the following Punishment =

(A) Metropolitan Magistrate and 1stClass Magistrate Court can give =

(i) Not more than five years imprisonment

(ii) Law Submitted imprisonment.

(iii) Not more than 10 thousand taka.  money penalty with caning.

(B) 2nd Class Magistrate –

(i) Law Permitted Punishment and not more than 3 years imprisonment

(ii) Not more than 5 thousand taka money penalty.

(C) 3rd Class magistrate   –

(i) Not more than 2 years punishment and

(ii) Not more than 2 thousand taka money Penalty.

Without taking money Penalty they can give extra imprisonment with the given imprisonment. Besides labour court and labour Appellated tribunal have dissident jurisdiction.

Small causes courts jurisdiction  (A) For the jugma judges not more than 20 thousand taka money penalty.

(B) For the senior sub-judges 10 thousand taka and

(C) For sub-judges not more than six thousand taka.

But Small causes courts can not have the following jurisdiction – Create Digry, Crate Movable Property, session – 9, Session – 91 and 92, Attachment of Movable property, Injunction, Emply  receiver   of movable property and its act is very short. On the other hand, ordinance of 1985 family court has established.

On 15 June, 1985 Family court ordinances imposed  but by the Act of Muslim paribar Law Ordinance 1961 family court can give jurisdiction for five subject  (i) Devorse, (ii) Re-establish the conjugal life (iii) Moharana (iv) Voronposhar and (v) Guardianship of children.

Besides Special Tribunal Act Appellated tribunal Act’s historical background of Bangladesh.

Jurisdiction