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 Subcontinent 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 Subcontinent 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 Emperors Court, the Chief Court of the empire and the Chief Revenue Court.
The Emperors 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 Governors 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-eSubah), 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 Companys
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 Mayors 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 Mayors 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
* Hansards 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 system21 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 fountainhead 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 kings 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 childrens 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 Peoples 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:
The Court of the District Judge
The Court of the Additional District Judge
The Court of the Joint District Judge
The Court of the Senior Assistant Judge
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 Peoples 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 causes 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 appellanta) 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 thata) 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 :
Try all environmental offence under the relevant laws.
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 courtsThe Court of the District judge = The jurisdiction of this court in Five lac taka.
The Court of the Additional District Judge = The
taka (Some).

jurisdiction of this court in five lac

The Court of the joint District judge = This court can judge any unfixed case.
The Court of the senior Assistant Judge = The jurisdiction of this court is four lac
taka.
The Court of the Assistant judge = The Jurisdiction of this court is two lac taka.
Beside these, there are criminal courts and this jurisdictionsCourt 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)
(ii)
(iii)

Chief Metropolitan Magistrate

Additional Metropolitan Magistrate
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 Acts historical background of
Banglad