All about the Courts of Bangladesh

Legal System of Bangladesh

 

 1. What are the requirements of a legal system?

 

i. to maintain the peace of the society

ii. to conciliate the aggrieved party

iii. to control criminology

iv. to maintain law and order in the society

v. to provide justice

vi. to prevent anti-social elements to create chaos on the land.

 

2. What do you mean by legal system?

 

The legal system of a country has three aspects-

i. Institutional aspect

ii. Procedural aspect

iii. Conceptual aspect

Institutional aspect- it includes courts-civil, criminal special courts etc; the judiciary i.e. the judges; the legal profession i.e. advocates; law officers i.e. Attorney General, Public Prosecutor, Public Pleader, Registrars of the Court etc; and the jail, probation and police.

Procedural aspect- it includes the procedure of judicial or quasi-judicial dispensation of justice i.e. investigation, inquiry, filing of a case or suit, taking evidence, steps in appeal, revision, reference, review etc are with in the fold of this procedural aspect;

Conceptual aspect- it includes historical development, rules of judicial precedent, statutory interpretation, legislation, legal reform, legal aid etc.

 

3. What is the power of Supreme Court?

 

Appellate Division-

Has no original jurisdiction. Source of jurisdiction is two-

  • the Constitution
  • ordinary law

Constitutional jurisdiction-

a) Appellate jurisdiction

b) Jurisdiction as to issue and execution of process

c) Jurisdiction as to review

d) Advisory jurisdiction

 

Ordinary law can give the Appellate Division only appellate jurisdiction as stated in Article 103(4) of the Constitution.

 

High Court Division-

Source of jurisdiction is two-

  • the Constitution
  • ordinary law

The jurisdiction of High Court Division may be divided into two-

  • Ordinary jurisdiction
  • Constitutional jurisdiction

 

Ordinary Jurisdiction-

·         Original Jurisdiction

·         Appellate Jurisdiction

·         Revision Jurisdiction

·         Reference Jurisdiction

 

Constitutional Jurisdiction-

·         Writ jurisdiction

·         Jurisdiction as to superintendence and control over courts

·         Jurisdiction as to transfer of cases

 

 

4. Write the name of the subordinate civil and criminal courts and their jurisdiction.

 

Subordinate courts-

In civil suits-

 

Name of sub-ordinate courts

Ordinary jurisdiction

Exceptional jurisdiction/

Extra Ordinary jurisdiction

District Judge

Original Jurisdiction in Trade Mark Act, Copyright Act, Christian Divorce Act, Probate suits etc.

i.       Appellate jurisdiction

ii.      Revisional Jurisdiction

iii.     Review Jurisdiction

iv.     Inherent Jurisdiction

v.      Transfer Jurisdiction

vi.    Reference Jurisdiction

Addl. Dist. Judge

He has no original jurisdiction

The same as Dist. Judge

Joint Dist. Judge

exceeding 4,00,000-unlimited

i.      No appellate jurisdiction

ii.     Review Jurisdiction

Senior Dist. Judge

exceeding 2,00,000-4,00,000 taka

Assistant Judge

1-2,00,000 taka.

 

In criminal cases-

  • Dist. Session Judge court + Addl. Session Judge court = sentence to death and all other punishments
  • Asstt. Session Judge court = 10 years imprisonment and unlimited fine.
  • Metropolitan Session Judge court, Addl. Session judge court = sentence to death and all other punishments
  • Addl. Session Judge court= Death penalty, fine and other punishments.
  • Asst. Session Judge = 10 years imprisonment, unlimited fine
  • CMM, ACMM, MM, Chief Judicial Magistrate, Additional Chief Judicial Magistrate, Senior Judicial Magistrate, 1st Class Magistrate = 5 years imprisonment, 10,000 Taka fine.

·         2nd Class Magistrate = 3 years imprisonment, 5000 Taka fine.

·         3rd Class Magistrate = 2 years imprisonment, 2000 Taka fine.

 

5. Write down the powers and functions of Special Courts.

 

See other post.

 

6. What is the difference between BJSC and BJSC (Pay Commission) Rules?

 

See other post.

 

7. Under direction of which case these Rules are made?


Higher courts

Supreme Court is divided into-

i. Appellate Division

ii. High Court Division

 

Appellate Division-

Has no original jurisdiction. Source of jurisdiction is two-

• the Constitution

• ordinary law

 

Constitutional jurisdiction-

a) Appellate jurisdiction

b) Jurisdiction as to issue and execution of process

c) Jurisdiction as to review

d) Advisory jurisdiction

 

Ordinary law can give the Appellate Division only appellate jurisdiction as stated in Article 103(4) of the Constitution.

 

High Court Division-

 

Source of jurisdiction is two-

• the Constitution

• ordinary law

 

The jurisdiction of High Court Division may be divided into two-

• Ordinary jurisdiction

• Constitutional jurisdiction

 

Ordinary Jurisdiction-

• Original Jurisdiction

• Appellate Jurisdiction

• Revision Jurisdiction

• Reference Jurisdiction

 

Constitutional Jurisdiction-

• Writ jurisdiction

• Jurisdiction as to superintendence and control over courts

• Jurisdiction as to transfer of cases

 

Subordinate courts-

In civil suits-

 

Extra Ordinary jurisdiction

District Judge- Original Jurisdiction only in Trade Mark Act, Copyright Act, Christian Divorce Act, Probate suits etc.

i. Appellate jurisdiction

ii. Revisional Jurisdiction

iii. Review Jurisdiction

iv. Inherent Jurisdiction

v. Transfer Jurisdiction

vi. Reference Jurisdiction

 

Addl. Dist. Judge- He has no original jurisdiction. Other jurisdiction is the same as Dist. Judge.

 

Joint Dist. Judge- From 4,00,000 - unlimited

i. No appellate jurisdiction

ii. Review Jurisdiction

 

Senior Dist. Judge- From 2,00,000 - 4,00,000 taka        

Assistant Judge- From 1 - 2,00,000 taka.  

 

In criminal cases-

• Dist. Session Judge court + Addl. Session Judge court = sentence to death and all other punishments

• Asstt. Session Judge court = 10 years imprisonment and unlimited fine.

• Metropolitan Session Judge court, Addl. Session judge court = sentence to death and all other punishments

• Addl. Session Judge court= Death penalty, fine and other punishments.

• Asst. Session Judge = 10 years imprisonment, unlimited fine

• CMM, ACMM, MM, Chief Judicial Magistrate, Additional Chief Judicial Magistrate, Senior Judicial Magistrate, 1st Class Magistrate= 5 years imprisonment, 10,000 Taka fine.

• 2nd Class Magistrate = 3 years imprisonment, 5000 Taka fine.

• 3rd Class Magistrate= 2 years imprisonment, 2000 Taka fine.

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