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.

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

Difference between Procedural Law and Substantive Law.

Procedural Laws

Refer to the laws that govern the procedure of civil as well as criminal courts. They lay down the rules to be followed by courts.

For example, the filing, adjournments, hierarchy of courts etc constitute the procedural law.

In India, the Civil Procedure Code and the Code of Criminal Procedure are procedural laws.

Substantive laws 

On the other hand define the relationship between people and the state or between people. The laws that deal with Contracts, Companies or Evidence etc. are substantive.

In India, Contract Act, Company law, Penal Code, among others would be called Substantive law.

Comparison chart

	Procedural Law	Substantive Law
Definition	Deals with and lays down the ways and means by which substantive law can be enforced	Deals with those areas of law which establish the rights and obligations of individuals , what individuals may or may not do
Powers	No independent powers	Independent powers to decide the fate of a case
Application	Can be applied in non legal contexts	Cannot be applied in non legal contexts
Regulation	By statutory law	By Act of Parliament or goverment implemation

Civil Procedure Code, 1908.
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

What is Decree and Order? Difference Between Decree and Order.

Decree
In a civil suit several facts might be alleged and the court may be required to rule on several claims
As per Section 2(2),  a decree is the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. It can be final or preliminary.


Examples of decisions which are not Decrees -  Dismissal of appeal for default, order of remand, order granting interim relief.

Order
As per Section 2 (14), The formal expression of any decision of a civil court which is not a Decree is Order.  In a suit, a court may take certain decisions on objective considerations and those decisions must contain a discussion of the matters at issue in the suit and the reasons which led the court to pass the order. However, if those decisions fall short of a decree, they are orders.

Thus, there are several common elements between an order and a decree -  both related to matter in controversy, both are decisions given by the court, both are adjudications, both are formal expressions. However, there are substantial differences between them -

Decree - S. 2(2)	Order S. 2(14)
Can only be passed in a suit originated by the presentation of a plaint.	Can be passed in a suit originated by the presentation of a plaint, application, or petition.
Contains Conclusive Determination of a right	May or may not finally determine a right.
May be final, preliminary, or partly preliminary - partly final.	Cannot be a preliminary order.
In general, there can only be one decree or at the most one preliminary and one final decree in a suit.	There can be any number of orders in a suit.
Every decree is appealable unless an appeal is expressly barred.	Only those orders which are specified as appealable in the code are appealable.
A second appeal may lie against a decree to a High Court on certain grounds.	There is no second appeal for orders.