Introduction:

Objectives

Administrative Law

Administrative law is a segment of local legal system which governs the activists of
governmental agencies on governmental instructions. Where the law of action can include -

1. Rule marking process

2. Regulating process

3. Adj judicial process

4.Inforcement process

5. Remedial process

Approach of Administrative Law

Approach of Administrative law: Administrative law deals with four aspects:-

1. It deals with composition and the powers of administrative authorities.

2. It fixed the limits of the powers of such authorities.

3. It prescribes the procedures to be followed by these authorities in exercising such powers and,

4. It controls these administrative authorities through judicial and other means

Courts System of Bangladesh

The Constitution of Bangladesh created the Supreme Court of Bangladesh with two divisions,
the High Court Division and the Appellate Division. The Appellate Division is the final Court of

Appeal. It hears appeals from the judgement of the High Court Division and also has jurisdiction

to hear appeals from the Administrative Appellate Tribunal. The High Court division has been

vested with the power to hear appeals and revisions from subordinate courts and also to enforce
fundamental rights and to grant other relief available under the writ jurisdiction.

Subordinate Courts (Courts which have Original Jurisdiction):

Civil:

(i) District Judge

(ii) Joint District Judge

(iii) Senior Assistant Judge

(iv) Assistant Judge

Criminal:

i. Sessions Judge

ii. Additional Sessions Judge

iii. Chief Judicial Magistrate

iv. 1st Class Magistrate

v. 2nd Class Magistrate

vi. 3rd Class Magistrate

Special Courts:

i. Labor Courts decide labor disputes.

ii. Administrative Tribunals decide service disputes of public servants, allowing an appeal to

the Administrative Appellate Tribunal.

iii. Income Tax Appellate Tribunals decide income tax disputes, custom and excise

matters. VAT Appellate Tribunals decide on disputes regarding custom and excise duties

and VAT.

iv. The Court of Settlement decides disputes relating to abandoned properties.

v. Artha Rin Adalat (Money Loans Court) decide money claims of banks and other financial

institutions.

vi. Insolvency Courts declare defaulting borrowers as insolvent.

A criminal case can be started either by the Police Station or by the Magistrate Court, and A civil

suit is generally commenced by the presentation of a plaint or statement of claim. A complaint

must be signed and verified by the plaintiff. Once a plaint is accepted by a competent court, a

summons is served on the defendant(s) to appear before the court. The court may refer any
dispute to Alternative Dispute Resolution (ADR) before the trial is commenced. At the hearing,
the plaintiff and the defendant present respective witnesses and documents to support their
respective claims or defence. The time limit for bringing a civil claim is laid down in the
Limitation Act, 1908. Generally, the time limit for bringing a civil suit varies from 6 months to
12 years, depending on the nature and subject matter of the suit. However, in the case of
lawsuits brought by or on behalf of the government, the limitation period is 60 years.

Judiciary

Judicial Function

Judicial Review

Judicial system of Bangladesh

Judicial System of Bangladesh Judiciary is one of the most important organs of our country. This
is because the adjudicative power is vested upon the judicial branch of the state. The judicial
system of Bangladesh comprises the Supreme Court, the subordinate courts and the tribunals.
The judicial system is structured based upon the British judicial system. At the apex of the
country's judiciary system stands the Supreme Court. It consists of the High Court Division and
the Appellate Division. The Supreme Court serves as the guardian of the Constitution and
enforces the fundamental rights of the citizens Subordinate courts exists at district and thana
levels as well os special and tribunal courts such as the Administrative Tribunal Family Courts,
Labor Tribunal, Land, Commercial, Municipal and Marine Courts. The Supreme Court is the
apex court of the country consisting of two divisions ie, the Appellate Division and the High
Court Division. Judges of the Supreme Court are appointed from amongst the advocates of the
Supreme Court. The High Court Division has the power of judicial review. On the application of
any aggrieved person high court division may give such directions or orders to any person or
authority including a person performing any function in connection with the affairs of the
republic for the enforcement of any of the fundamental rights guaranteed under the Constitution.
In enforcing the fundamental rights, the high court division is empowered to declare any law
inconsistent with the fundamental right or any other part of the Constitution void to the extent of
inconsistency. High court division has also original jurisdiction in cases relating to company,

Administrative functions of judiciary

The Supreme Court justifies the order contract and treaty made by the president. Judiciary
supervises judicial administration. “Judicial committee investigates many matters. But it is an
administrative function.

Legislative Functions The courts can justify the legality of the Act passed by the Congress.
Courts can declare any Act unconstitutional illegal and void. In the context of judiciary: sldianoo
Judiciary supervises judicial administration. It is an administrative function and for, work of the
executive. But court always exercises this administrative power. Otherwise, judicial
administration will be collapsed. In the Guardian and Wards Act and Trust Act, judges are the
administrator of the trust property and guardian of the minor. Judges exercise legislative
functions in making rules for regulating their own procedure or conduct.

Conclusion