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