Power &Functions of Courts in Bangladesh
Power &Functions of Courts
Introduction:
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 courts. At the top of the hierarchy of courts is the Supreme Court of Bangladesh. Article 94(1) of the constitution provides that there shall be a Supreme court for Bangladesh (to be known as the Supreme court of Bangladesh) comprising the Appellate Division and the High Court Division.
The Appellate Division
The Appellate Division of the Supreme Court has no original jurisdiction. As like as the High Court Division the source of jurisdiction of the Appellate division is also two- the constitution and ordinary law. But an ordinary law can give the Appellate Division only appellate jurisdiction as stated in Article 103(4) of the Constitution. For example, section 6A of the Administrative Tribunals Act, 1980 provides that appeal may be preferred to the Appellate Division against the decision of the Administrative Appeal Tribunal by way leave petition.
Constitutional Jurisdiction of the Appellate Division:
The constitution itself has conferred on the Appellate Division the following four types of jurisdictions:
A. Appellate Jurisdiction;
B. Jurisdiction as to issue and execution of process;
C. Jurisdiction as to review; and
D. Advisory Jurisdiction
A. Appellate Jurisdiction:
The
Introduction:
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 courts. At the top of the hierarchy of courts is the Supreme Court of Bangladesh. Article 94(1) of the constitution provides that there shall be a Supreme court for Bangladesh (to be known as the Supreme court of Bangladesh) comprising the Appellate Division and the High Court Division.
The Appellate Division
The Appellate Division of the Supreme Court has no original jurisdiction. As like as the High Court Division the source of jurisdiction of the Appellate division is also two- the constitution and ordinary law. But an ordinary law can give the Appellate Division only appellate jurisdiction as stated in Article 103(4) of the Constitution. For example, section 6A of the Administrative Tribunals Act, 1980 provides that appeal may be preferred to the Appellate Division against the decision of the Administrative Appeal Tribunal by way leave petition.
Constitutional Jurisdiction of the Appellate Division:
The constitution itself has conferred on the Appellate Division the following four types of jurisdictions:
A. Appellate Jurisdiction;
B. Jurisdiction as to issue and execution of process;
C. Jurisdiction as to review; and
D. Advisory Jurisdiction
A. Appellate Jurisdiction:
The