Friday, 6 November 2015

When a Judgement pronounced?



Judgment when pronounced
  
(1) the Court, after the case has been heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders:

Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders.

(2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the court on each issue and the final Order passed in the case are read out and it shall not be necessary for the court to read out the whole judgment.
(3) The judgment may be pronounced by dictation in open court to a shorthand writer if the Judge is specially empowered by the High Court in his behalf:
Provided that, where the judgment is pronounced by dictation in open court, the transcript of the judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the Judge, bear the date on which it was pronounced, and form a part of the record.

Thursday, 5 November 2015

Revisional Jurisdiction of High Court Division (HCD) and District Judge Court in Bangladesh



Revision
Revision is a remedy granted by a higher court with a view to correcting miscarriage of justice.

Revisional Jurisdiction of High Court Division (HCD)
According to Section 115 (1) of Code of Civil Procedure, 1908
The HCD on the application of any party aggrieved may order a court of Dist Judge or additional dist judge or joint dist judge or Senior asst judge or asst judge to revision any order or decree which no appeal lies and if such court appears to have committed any error of law.

Revisional Jurisdiction of District Judge Court
According to Section 115 (2) of Code of Civil Procedure, 1908
The Court of District Judge on the application of any party aggrieved may order a court of Joint dist judge or senior asst judge or asst judge to revision any order or decree which no appeal lies and if such court appears to have committed any error of law.

Jurisdiction of the Civil Courts in Bangladesh



Jurisdiction of the Civil Courts
There are various types of jurisdiction of the Civil Courts in Bangladesh, namely— Civil Courts Act, 1887
1)     Pecuniary Jurisdiction
2)     Jurisdiction of Subject-matter
3)     Territorial Jurisdiction
4)     Original Jurisdiction
5)     Appellate Jurisdiction
6)     Review Jurisdiction
7)     Reference Jurisdiction
8)     Revision Jurisdiction
9)     Writ Jurisdiction
10)  Inherent Jurisdiction
11)  Supervisory Jurisdiction
12)  Superintendence Jurisdiction
13)  Jurisdiction to transfer or withdrawal of suits
1.      Pecuniary Jurisdiction: (All suit are Civil Nature)
The Assistant Judge Court, the Senior Assistant Judge Court, and the Joint District Judge Court are barred by the pecuniary jurisdiction.
  • The Assistant Judge Court may not take any suit of value (TK.  One to Two Lac).
  • The Senior Assistant Judge Court may not take any suit of value (TK. Two Lac one to Four Lac).
  • The Joint District Judge Court may take any suit of value (TK. Above 4 Lac one to ———).
It is an established rule that every suit of every value firstly has to be instituted in the lower grade court of its jurisdiction.
2.      Jurisdiction of subject-matter:
The Civil court may take every suit of Civil nature and the other cases which are not specifically declared as criminal nature.


According to Section 9 of CPC
The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

3.      Territorial Jurisdiction:
Where the subject matter of the Civil suit is an immovable property, then in which jurisdiction of district it as situated, the suit must be instituted in the district Courts at the district.
If the Immovable property is situated between the middle of two or more districts the suit may be institute at any of the district Courts of such districts.
If the Movable property is situated in such a manner it is impossible to identify where districts part it is in the suit may be instituted at any district court of any district nearest it.
If the subject matter of the suit is movable property the suit may be instituted in the following any district court of nay district—
  • Where the cause of action arise
  • The residence of the defendant
  • The residence of the plaintiff