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The Judiciary of Bangladesh

The Judiciary of Bangladesh consists of a Supreme Court, subordinate courts and tribunals.

Supreme Court of Bangladesh:-

The Supreme Court of Bangladesh is the highest court of law in Bangladesh.

It comprises the Appellate Division and the High Court Division.

It was created by Part VI,Chapter I of the Constitution of Bangladesh.It is the apex Court of the country and other Courts and Tribunals are subordinate to it.

The Appellate Division–

This is also the office of the Chief Justice,Appellate Division Justices, and High Court Division Justices of Bangladesh.

Appellate Jurisdiction:

The Appellate Division has jurisdiction to hear appeals from the High Court Division in the following grounds:-

One can appeal against the division of High Court when-

i. The issue relates to interpretation of Constitution of Bangladesh,

ii. Contempt of that Division, and

iii. Death or life imprisonment confirmed or declared by the Division.

An appeal to the Appellate Division from a judgment, decree or sentence of the High Court Division in a case to which clause 2 (102) does not apply shall lie only if the Appellate Division grants leave to appeal.

Rule-making Jurisdiction:

The Supreme Court is independent of the executive branch, and is able to rule against the government in
politically controversial cases.

Advisory Jurisdiction:

In the question of any law or anything required for public interest, the President may ask for opinion from the Appellate Division.

Jurisdiction to ensure justice:

Article 104 deals with issue and execution of processes of
Appellate Division. It provides the power to the Appellate Division to issue anything required for the Complete justice.

Other Jurisdictions:

The Appellate Division shall have others jurisdiction by Act of Parliament.

The High Court Division –

Clause 3 of Article 95 provides to the High Court Division which at any time before the commencement of our Constitution exercised
jurisdiction as a High Court in the Territory of Bangladesh.

The High Court Division shall
have Superintendence and control over all Courts and tribunals subordinate to it
The High Court Division. though a Division of the
Supreme Court, is for all practical purposes, an independent court with its powers, functions and jurisdictions well defined and determined under the Constitution and different laws.

Jurisdiction of the High Court Division:

It has both appellate as well as original jurisdiction.

•Original Jurisdiction:

The power to file any case is called the original jurisdiction.It has original jurisdiction to hear Writ Applications under article 102 of the Constitution,which is
known as extra ordinary constitutional jurisdiction. It has further original jurisdiction,inter alia, in respect of company and admiralty matters under statutes. The High Court
Division, in special circumstances,has also
powers and jurisdiction to hear and dispose of cases as the court of first instance under article 101 of the Constitution.

Appellate Jurisdiction:

The High Court Division hears appeals from orders, decrees andvjudgments of subordinate courts and tribunals.

One can appeal to the High Court Division if-

i.more than 14 years imprisonment by Session Judge, or

ii.Related to the question of interpretation of the Constitution.

The Subordinate Courts and Tribunals

There are a wide variety of subordinate courts and tribunals.Such courts and tribunals are created by some relevant statutes. All their
powers, functions and jurisdictions are well determined by the respective statutes. These are the basic courts in the system of the
judiciary of Bangladesh.

The major bulk of the cases, both civil and criminal,are tried and heard in such courts and tribunals.Certain tribunals are termed as administrative tribunals,Nari-o-Shishu Nirjaton Daman Tribunals,Special Tribunals etc. Such courts and tribunals spread all over the country at
district levels.

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

Civil Court:-

The civil courts are created under the Civil Courts Act of 1887.

The Act provides for five tiers of civil courts in a district which bottom-up are:

-Court of Assistant Judge,

-Court of Senior Assistant Judge,

-Court of Joint District Judge,

-Court of Additional District Judge and

-Court of District Judge

The first three are courts of first instances with powers, functions and jurisdictions in respect of subject matter,territory and pecuniary value
determined by or under statutes.

The rest two are generally courts of appeal in civil matters.now the civil suits are rapidly disclose in the court.

Criminal Court:-

-Courts of Sessions

-Courts of Metropolitan Sessions

-Special courts/tribunals (Criminal)

-Courts of Metropolitan Magistrate/Chief Judicial Magistrate

-Courts of Metropolitan /Judicial Magistrate.

Legal profession:-

The academic systems of the country allow two separate systems of qualifying legal
degrees in Bangladesh which are college-oriented two-year LL.B. degrees and the University-based four-year LL.B. (Hons.) degrees which require more extensive academic commitment and the places at the universities remain competitive.Recently there has been a rise in the trend of obtaining foreign academic LL.B. degrees (especially from the UK).

Shoaibur Rahman Shoaib
LL.M Advocate

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