Court Structure of Bangladesh

Kumar Shipan Modak

Chief Judicial Magistrate,
Chapainawabganj.

The legal system of Bangladesh is based on a common law system. However,

unlike other common law jurisdictions, Bangladesh's Supreme Court has the power to not
only interpret laws made by the Parliament, but to also declare them null and void and to
enforce fundamental rights of the citizens. Although founded on the English common law
system, the laws of Bangladesh take a statutory form, which are enacted by the legislature
and interpreted by the higher courts.

There are strong legal obligations for the codification, translation and publication
of laws. For example, Section 6 of the Bangladesh Laws (Revision and Declaration) Act,
1973 (Act no. VIII of 1973), provides that, "all Acts of Parliament, Ordinances and
President's Order in force in Bangladesh shall be printed in chronological order under the
name and style of Bangladesh Code."

The emergence of Bangladesh as an independent, sovereign country called for

necessary amendments, adaptations and the repeal of certain laws as well as the
enactment of new laws and translation of laws into Bangla version to meet the changed
and changing political, social   and economic needs of the new country. Commensurate
with this requirement, the Ministry of Law, Justice and Parliamentary Affairs started
examining the existing laws for adaptation, codification and publication for said
purposes. Accordingly, Bangladesh Code, Volumes I-XI were published containing the
laws enacted during 1836 to 1938. But due to a lack of proper leadership, manpower, and
sound organizational support, the process had proceeded no further. As a result, laws
enacted after 1938 have been kept scattered and unattended to. As of yet, no effective
steps have been taken to update the Bangladesh Codes which have already been
published. It is important to mention that, until today, no comprehensive step has been
taken to update and compile rules, by-laws, regulations, statutory orders, etc.

1. The Supreme Court of Bangladesh

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

tribunals. The Supreme Court of Bangladesh is comprised of the Appellate Division and
the High Court Division. It is the apex court of the country; other courts and tribunals are
subordinate to it.

The Appellate Division shall have jurisdiction to hear and determine appeals from
judgments, decrees, orders or sentences of the High Court Division. It has rule making
power for regulating the practice and procedure of each division and of any court
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. It has both appellate as
well as original jurisdiction. It hears appeals from orders, decrees, and judgments of
subordinate courts and tribunals. 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 to company and
admiralty matters under statutes. The High Court Division, in special circumstances, also
has powers and jurisdiction to hear and dispose of cases as the court of first instance
under article 110 of the Constitution. The High Court Division shall have
superintendence and control over all courts and tribunals subordinate to it.

2. Subordinate Judiciary
There are two types of subordinate courts in Bangladesh- Civil and Criminal.
Subordinate Civil Courts:
The subordinate civil courts were established in Bangladesh under the provision of
the Civil Courts Act 1887. District Judge is the head of the Judiciary in each of the 61 out
of 64 districts of the country. In the remaining three hill district there are no separate
civil courts, Magistrate perform the functions of the civil courts in those three districts.
Civil courts decided dispute rights between one individual and the other. It is only the
suits of civil nature that can be adjudicated in civil courts. The Civil Courts subordinate
to the High Court Division are established by several enactments. Some of them are set
up under special and other under general laws having well defined jurisdiction to
administer in civil matters.
The district courts and courts subordinate to them shoulder the main burden of
administering civil justice. The original jurisdiction of subordinate courts is invariably
determined with reference to the pecuniary value involved in the suit to be tried by it and
appeals for in accordance with requirements of the provision enacted in that behalf.

Hierarchy & Jurisdiction of Civil Courts:

Section 3 of the Civil Courts Act 1887 as amended by the Civil Courts (Amendment)
Act 2001 provides for following five classes of Subordinate Civil Courts—

1. The Court of District judge,

2. The Court of Additional District Judge,
3. The Court of Joint District Judge,
   

4. The Court of Senior Assistant Judge, and

   

5. The Court of Assistant Judge.

   
 Every court mentioned above is a separate court and has jurisdiction assigned to it by the
Civil Courts Act or any other law which may be either territorial, original
jurisdiction, appellate jurisdiction or transferred jurisdiction (can hear suit or cases when
transferred to it).

1. The Court of District judge:

   

This court is nest in the hierarchy down from the HCD is headed by a District Judge.
A District Judge exercise administrative control over all civil courts within the local limit
of his jurisdiction. The local limit is determined by the government. His administrative
control is supervised by HCD. A District Judge has, in respect of all suits in his district,
original, appellate as well as revisional jurisdiction.

         A District Judge usually does not try original suits. This is because of the provision in
section 15 of the Code of Civil Procedure that every suit must be instituted in the court of
 the lowest grade competent to try it. He is the only court competent to try certain kinds of
cases such as, Insolvency cases, Guardianship cases, Probate or Administration cases etc.
         The District Judge’s pecuniary jurisdiction is unlimited. Under sections 8, 11, 22, 23 etc
of the Civil Courts Act 1887.
         This Court has administrative control over all the civil Courts under the Civil Courts Act
1887 within the local limits of his jurisdiction (section 9).
         This Court has power to try, transfer, withdraw, any suit, appeal or other proceeding in
any civil courts below the High Court Division.
         The District Judge has pecuniary jurisdiction of taka five lacs (now 5 crore) valuation of
the subject matter giving rise appeal or revision.
         The District Judge has been given revisional power by section 115 of the Code of Civil
Procedure in 2003. To this effect it is provided in section 115 that where an order has
been passed by a Court of Joint District Judge, Senior assistant Judge or Assistant Judge
from which no appeal lies, and if such courts appears to have committed any error of law
resulting in an error in such order occasioning failure of justice, the Court
of District Judge may revise such order and, make such order as it may think fit.
       An appeal of decree or judgment from District Judge or Additional District Judge shall
lie to the High Court Division.

2. The Court of Additional District Judge:

   

The judicial function of an Additional District Judge is similar to that District Judge. He tries

those cases which are transferred to his court from the court of District Judge. And an appeal
form this court normally shall lies to the High Court Division.

3. The Court of Joint District Judge:

   

         The Joint District Judge’s pecuniary jurisdiction on original suit is unlimited. This court

has jurisdiction to try those cases the value of which exceeds tk. 4 lac (now 25 lac).
         Appeal of a decree or judgment from this court shall lies to the High Court if the case
value exceeds tk. 5 lac (now 5 crore).
         Appeal of a decree or judgment from this court shall lies to the District Judge if the case
value did not exceeds tk. 5 lac (now 5 crore).

4. The Court of Senior Assistant Judge:

   

         The pecuniary jurisdiction of the Senior Assistant Judge is 200, 001-400000 tk (now
15,00,001-25,00,000).
        An appeal of decree or judgment from this court lies to the Court of the District Judge.

5. The Court of Assistant Judge:

   

This court is stands at the base of the hierarchy of civil courts. Its original Jurisdiction is
limited to a claim the value of which does not exceeds tk. 2 lac (now 15,00,000, i.e., 1 tk.
to 15lac tk.). This court also been invested with the revisional power in petty civil mattes
coming from Village Court under the Village Ordinance 1976 [section 4 (2)].

Some Special Court

o Family Court
o Small Causes Court
o Election Tribunal
o Orpito Sampatti Prottyarpon Tribunal
o Land Survey Tribunal
o Rent Controller's Court
o Succession Court
o Administrative Tribunal
o Labour Court
o Insolvency Court
o Money loan recovery Court (Artha Rin Adalat) etc.
Criminal Courts under General Hierarchy
Basically, there are two types of criminal courts and some special courts
and tribunals. According to section 6 of the Cr.P.C Criminal Courts of
Bangladesh are of two kinds.

1. Courts of sessions

2. Courts of Magistrates

The Court of Sessions; this court can be divided into two category
1. Each in every district known as The Court of Sessions; and
2. The Metropolitan Session courts in a metropolitan area that only covers
the metropolitan area.
These two courts have a similar structure with under separate name.

Hierarchy The Court of Sessions The Metropolitan Session Court

A Session Judge Metropolitan Session Judge

B Additional Session Judge Additional Session Metropolitan Judge
C Joint Session Judge Joint Session Metropolitan Judge
 

The Courts of Magistrates: Under the jurisdiction of Session Judge there are

Courts of Magistrates, like the classification of Court of Session there are two
separate courts
1. Each in every district under The Court of Sessions named as Chief Judicial
Magistrate Court
2. In The Metropolitan area under the Metropolitan Session Judge as Chief
Metropolitan Magistrate Court.
Their hierarchy is as follows:
 Hierarchy General At metropolitan area

A Chief Judicial Magistrate Chief Metropolitan Magistrate

B Additional Chief Judicial Magistrate Additional Chief Metropolitan Magistrate
C Senior Judicial Magistrate Metropolitan Magistrate
D Judicial Magistrate (2nd & 3rd Class)

But According to the Code of Criminal Procedure,

“Section 6.  (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 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.”

Specialized Courts and Tribunals
 Administrative Court
o Administrative Tribunals
 Finance Court
o Money Loan Courts (Artha Rin Adalat)
o Insolvency Courts
o Special Judge Court,
o Income Tax Appellate Tribunals
o Special Tribunal for Share Market Scam
 Labour Court
o Labour Court

 Court of Justice
o International Crimes Tribunal

 Social Court
o Druto Bichar Tribunal
o Nari O Shishu Nirjatan Damon Tribunal
o Bangladesh Cyber Crime Tribunal etc.

 Environmental Court
o Environment Court,