Power &Functions of Courts in Bangladesh

4587 Words Jan 27th, 2013 19 Pages
Power &Functions of Courts


We know that there are two main branches of our legal practices, they are Civil matters and another is Criminal matters. Civil matters are dealt by Civil Court and Criminal matters are dealt by Criminal Courts.

The both Civil and Criminal Court are divided into to main categories.

1. Higher Judiciary that is Supreme Court of Bangladesh.

2. Sub-ordinate Judiciary.

It is a very vast effort to describe all the power and functions of both the judiciary in a short report. Nevertheless I tried my best to highlight the main features of both civil and criminal court’s power and functions in nut shell.

Hierarchy of Ordinary Courts:

The general hierarchy includes both civil and criminal
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Accordingly, the Supreme Court of Bangladesh (Appellate Division) rules were framed by the Appellate Division in 1988. According to this Rules, the appellate division may either of its own motion or on the application of a party to proceeding, review its own judgment or order in a civil proceeding on grounds similar to those mentioned in Order XLVII Rule 1 of the code of Civil Procedure and in a criminal proceeding on the ground of error apparent on the face of the record (Rule 1 of order XXVI) of the above Rules.

D. Advisory Jurisdiction :

Article 106 provides that the president that the president may seek the opinion of the Appellate Division on a question of law which has arisen or is likely to arise and which is of such nature and of such public importance that it is expedient to obtain the opinions. There are some important features of this advisory jurisdiction:

i) For its advisory opinion only a question of law may be referred to the Appellate Division and not a question of fact.

ii) It is not obligatory on the part of the Appellate Division to express its opinion in the reference made to it. Because, it has discretion in the matter and may in a proper case, for good reasons, decline to express any opinion on the question submitted to it. Such a situation may perhaps arise if purely socio-economic or political questions having no constitutional significance are referred to the court or a reference raises hypothetical
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