First lecture of law 101

COURSE NAME
LEGAL CONCEPTS OF JURISPRUDENCE
AND LEGAL SYSTEM OF BANGLADESH

Course Instructor: Tania Sultana
Email: tsultanalipi@bracu.ac.bd
Emergency contact: 01861623588

Expectation from Teacher
?????

Lecture Language
• Only English
• English and Bangla Mixed
• Only Bangla

Expectation from Students
????

DEFINITION OF LAW
• According to the Devine theory of law, “Law is the formulation of divinely
ordained rules for human action”.
• According to the Austin command theory, “Law is the body of commands
of the sovereign authority in a politically organized society as to how men
should conduct themselves therein”
• Article 152 of the Constitution defines LAW as “Law means any Act,
ordinance, order, rule, regulation, bye-law, notification or other legal
instrument, and any custom or usage, having the force of law in
Bangladesh”

Definition of LEGAL SYSTEM
SYESTEM OF CO ORDINATION
LAW MAKING
BODIES
LAW
APPLYING
INSTITUTION
LAW
ENFORCING
INSTITUTION

LAW MAKING BODIES
PARLIAMENT
• ACT
• Ordinance
JUDGE
• Precedent
CUSTOM
• CUSTOMARY LAW

LAW enforcing INSTITUTION
COURT
Supreme
court
Tribunals
Subordinate
courts

LAW APPLYING INSTITUTION
Bangladesh
Civil
Service
Ministry of
law and
parliamentary
affairs
Judicial
service
commissi
on
Universities
Law
commission

Internal Morality of the Law (Lon Fuller)
• A legal system must observe the following directives:
(1) Laws must be made (i.e. not to decide cases on an ad hoc basis)
(2) Laws must be made public (i.e. not to be kept secret, or simply unknown)
(3) Laws must prospective, not retroactive (i.e. not to make something that was legal in the
past illegal in the past, and prosecute people for having done it)
(4) Laws must be understandable (i.e. not to be (a) unintelligible, or (b) extremely difficult to
understand)
(5) Laws must not contradict each other
(6) Laws must not require the impossible
(7) Laws must not change too rapidly (i.e. not be legal in the morning, illegal that evening,
legal again that night, illegal the following morning, etc.)
(8) Laws must be consistent with their application (i.e. the actual administration of the law
must be consistent with the law)
• "A total failure in any one of these eight directions does not simply result in a bad system of
law; it results in something that is not properly called a legal system at all" (p. 72)

WHY WE STUDY LAW?
• FOR EARNING
• FOR REPUTATION.
• FOR HELPING THE PEOPLE.

HOW WE EARN?
• BY GIVING SUGGESTION.
• BY WRITING LEGAL DOCUMENTS.
• BY REPRESENTING THE CLIENT.

What organ we use for earning?
• Brain
• Mouth
• Hand

SO WHY WE STUDY LAW?
• For interpretation of law and
representing it on behalf of client.
• For learning how we can present our self.
• For raising our voice.
• To create our mind in logical thinking.

Todays lecture topic:
Structure and
Functioning of the Courts in Bangladesh

Discussion topics
• Historical development of courts
• The Supreme Court in Bangladesh
• Subordinate courts in Bangladesh.
• Special courts in Bangladesh.
• Tribunals

Historical Development of Courts
Hindu
period
Muslim
Period
200years
British Rule
Origin of
present
court
structure

Hindu period(1500BC-1206AD)
• The kings court
• The Chief Justice`s Court
• Special Tribunal
• Town or District Court
• Village Council
JUDICIAL PROCEDURE
Trial by Ordeal,

MUSLIMPERIOD(1206AD-1757AD)
• Courts at Capital.
• Provincial Courts.
• District Courts.
• Parganah`s Courts.
• Village courts.
JUDICIAL PROCEDURE
Hadd,Tazir,Qisas

British Period(1600-1947)
• First period(Till 1726 Mayor`s Court)
• Second period(1726-1773)Mayors Courts,
justices of the peace, court of quarter session,
Governor in Council.
• Third period(1773-1861) supreme court was
established under the Regulating Act of 1774 at
Calcutta, small causes courts.
• Fourth period(1861-1947)(Era of High
Court(1861-1935) and Era of High Court and
Federal Court(1935-1947)

Pakistan period(1947-1971)
• Highest Court of Pakistan became the Supreme
Court of Pakistan.
• High courts remain in the provinces.
• Subordinate Courts.

Bangladesh Period (1971-till now)
Judicial system of Bangladesh
Supreme Court Subordinate Courts Tribunals.
The Appellate Division The High Court Division.
Civil Courts Criminal Courts

The supreme court of Bangladesh
The supreme court of Bangladesh was established in accordance with the provision of the Article
94 of the constitution of Bangladesh which provide that there shall be a supreme court of
Bangladesh comprising the appellate division and the high court division.
Supreme court are divided in to appellate division and high court division:
1. The High court division
Article 101 of the constituent provides that the HCD shall have original and appellate jurisdiction and such other
jurisdiction as may be authorized by law. The jurisdiction of the high court division may be divided in to two:
1. Ordinary or general jurisdiction
2. Constitutional jurisdiction
2. The Appellate Division
The appellate division of Supreme Court has no original jurisdiction. Only the jurisdiction the appellate court
can exercise has been given below :
1. Ordinary or General Jurisdiction.
2. Constitutional jurisdiction.

CONSTITUTION OF SUPREME COURT
• 94. (1) 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.
• (2) The Supreme Court shall consist of the Chief Justice, to be known as
the Chief Justice of Bangladesh, and such number of other Judges as the
President may deem it necessary to appoint to each division.
• (3) The Chief Justice, and the Judges appointed to the Appellate Division,
shall sit only in that division, and the other Judges shall sit only in the High
Court Division.
• (4) Subject to the provisions of this Constitution the Chief Justice and the
other Judges shall be independent in the exercise of their judicial functions.

The High Court Division: Powers and Functions
OrdinaryJurisdiction
Original
jurisdiction(t
he companies
act 1994,The
Admiralty
Act 1861)
Appellate
Jurisdiction
(CrPC and
CPC have
conferred
this power)
Rivisional
Jurisdiction(
S 115 of CPC
has conferred
this power)
Reference
jurisdiction(S11
3 of CPC has
conferred this
Power)

The High Court Division: Powers and Functions
Constitutional Jurisdiction
Writ
jurisdiction(Art102(2)
Jurisdiction of
Superintendence and
control over
courts(Art 109)
Jurisdiction of
transferring cases(Art
110)

Writ jurisdiction
• Writ means a written document by which one is summoned or required to do or
refrain from doing something. The basis of writ jurisdiction is Article 102 of the
constitution. It means the Jurisdiction of The High Court Division under the
provisions of the Constitution whereby it can enforce fundamental rights as
guaranteed in part III of the Constitution and can also exercise its power of judicial
review.
• There are five kinds of Writ in Bangladesh.
1. Writ of Habeas Corpus .
2. Writ Of Mandamus.
3. Writ Of Prohibition.
4. Writ of Qua Warranto.
5. Writ of Certiorari.

WRIT:ART-102(2) OF THE CONSTITUTION
• 102(2) The High Court Division may, if satisfied that no other equally efficacious remedy is
provided by law –
(a) on the application of any person aggrieved, make an order-
(i) directing a person performing any functions in connec-tion with the affairs of the Republic or of a
local authority,
• to refrain from doing (PROHIBITION)that which he is not permitted by law to do or to do that
which he is required by law to do(MANDAMUS) ; or
(ii) declaring that any act done or proceeding taken by a person performing functions in connection
with the affairs of the Republic or of a local authority, has been done or taken without lawful
authority and is of no legal effect(CERTIORARI) ; or
(b) on the application of any person, make an order-
(i) directing that a person in custody be brought before it so that it may satisfy itself that he is not
being held in custody without lawful authority or in an unlawful manner (HABEAS CORPUS); or
(ii) requiring a person holding or purporting to hold a public office to show under what authority he
claims to hold that office (QUA -WARRANTO).

Superintendence and control over courts
• 109. The High Court Division shall have
superintendence and control over all courts and
tribunals subordinate to it.

Transfer of cases from subordinate courts to High Court Division
• 110. If the High Court Division is satisfied that a case pending in a
court subordinate to it involves a substantial question of law as to
the interpretation of this Constitution, or on a point of general
public importance, the determination of which is necessary for the
disposal of the case, it shall withdraw the case from that court and
may –
(a) either dispose of the case itself ; or
(b) determine the question of law and return the case to the court
from which it has been so withdrawn (or transfer it to another
subordinate court) together with a copy of the judgment of the
division on such question, and the court to which the case is so
returned or transferred shall, on receipt thereof, proceed to dispose
of the case in conformity with such judgment.

The Appellate Division: Powers and Functions
Appellate
Jurisdiction(Art-
103 of the
Constitution)
Issue and
execution of
Process(Art-104
of the
Constitution)
Jurisdiction as to
Review(Art-105
of the
Constitution)
Advisory
Jurisdiction(Art-
106 of the
Constitution)

Jurisdiction of Appellate Division
• 103. (1) The Appellate Division shall have jurisdiction to hear and determine appeals from judgments,
decrees, orders or sentences of the High Court Division.
• (2) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court
Division shall lie as of right where the High Court Division –
• (a) certifies that the case involves a substantial question of law as to the interpretation of this
Constitution ; or
• (b) has confirmed a sentence of death or sentenced a person to death or to imprisonment for life ; or
• (c) has imposed punishment on a person for contempt of that division ; and in such other cases as
may be provided for by Act of Parliament.
• (3) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court
Division in a case to which clause (2) does not apply shall lie only if the Appellate Division grants leave to
appeal.
• (4) Parliament may by law declare that the provisions of this article shall apply in relation to any other court
or tribunal as they apply in relation to the High Court Division.
•

Issue and execution of processes of Appellate
Division
• 104. The Appellate Division shall have power to issue such directions,
orders, decrees or writs as may be necessary for doing complete justice in
any cause or matter pending before it, including orders for the purpose of
securing the attendance of any person or the discovery or production of any
document.

Review of judgments or orders by Appellate
Division
• 105. The Appellate Division shall have power,
subject to the provisions of any Act of
Parliament and of any rules made by that
division to review any judgment pronounced
or order made by it.

Advisory jurisdiction of Supreme Court
• 106. If at any time it appears to the President that a question of
law has arisen, or is likely to arise, which is of such a nature
and of such public importance that it is expedient to obtain the
opinion of the Supreme Court upon it, he may refer the
question to the Appellate Division for consideration and the
division may, after such hearing as it thinks fit, report its
opinion thereon to the President.

Subordinate courts
• Hierarchy of Civil Courts
The structure of civil courts in Bangladesh are as
follows:
1. The Court of the District Judge(5 crore)
2. The Court of the Additional District Judge
3. The Court of the Joint District Judge
4. The Court of the Senior Assistant Judge(25lakh)
5. The Court of the Assistant Judge(15lakh)

Subordinate courts
Classes of Criminal Courts(s-6 of CrPC)
Classes of Criminal Courts- Besides the Supreme Court and the Courts constituted under any
law for the time being in force, other than this Code, there shall be two classes of Criminal
Courts in Bangladesh, namely:-
(a) Courts of Sessions ; and
(b) Courts of Magistrates
There shall be two classes of Magistrate, namely: –
(a) Judicial Magistrate and
(b) Executive Magistrate.
There shall be four classes of judicial Magistrate, namely: –
(a) Chief Metropolitan Magistrate in Metropolitan Area and Chief judicial Magistrate to other
areas;
(b) Magistrate of the first class, who shall in Metropolitan Area, be known as Metropolitan
Magistrate;
(c) Magistrate of the second class; and
(d) Magistrate of the third class.

Special Courts
FAMILY COURT
Family courts have been established under the ordinance 1985. The assistant judge is
the judicial officer of this court.
The court have jurisdiction over the following matters.
• Dissolution of marriage.
• Dower
• Restitution of conjugal rights.
• Maintenance.
• Guardianship and custody of children.

Special Courts
SMALL CAUSES COURT
According to sec 25 of the civil courts act 1887 small causes court was established for
the settlement of small and petty claims matters between parties.
There is no separate court for small cause but some regular judges, the join district
judge, Senior assistant judge and assistant judge have jurisdiction to try cases of small
cases. According to the section 15 of the civil courts act 1887 all suits of civil nature of
which values does not exceed 25 thousand taka shall be cognizable by the court of
small causes and it is the highest pecuniary jurisdiction of this court..
According to the sec 25 of the civil courts act 1887.
1. Small causes suit valued up to taka six thousand is to be field in the court of
assistant judge.
2. Suit valuation up to taka 10 thousand to be filed in the senior assistant judge court
of the local area.
3. Suit valuation up to taka 20 thousand is to be filed is the joint district judge court of
the local area vested with small causes lower.

Special Courts
• Village courts.
• The Juvenile Court.
• The Settlement Court.
• The Bankruptcy Court(Deuwlia Adalat).
• The Artha Rin Adalat(Loan Recovery Courts).
• The Money Laundering court.
• The Admiralty Court.

tribunals
• Tribunals are the courts or other adjudicatory bodies with judicial or quasi-judicial functions set up either
by the constitution or by the statute and exist outside the usual judicial hierarchy of the Supreme Court of
Bangladesh but under its control.
• There are some distinctions between courts and tribunals.
• There are different types of tribunals.
Administrativetribunal:
• Administrative tribunal deals such dispute which are relating to employment between the government and
its employers. Each administrative Tribunal Consist of one member who is appointed by the government
from amongst person who are or have been district judge. It has exclusive jurisdiction to have and
determine application made by any persons in the service of the people republic of an statutory public
authority in respect of the terms and conditions of his service.
Nari-o-shisunirjatanDaman Tribunal
• Nari-o-shishu Nirjatan Domon Tribunal has been established under the provision of the Nari-o-shishu
Nirjatan domon Ain 2000. According to th3e section 26 every district there must be a tribunal of such cases.
If the government think necessary may consist more tribunal in each district. The tribunal shall be
consisted by one judge who is appointed for amongst the district judge.[26]
Thespeedytrialtribunal:
• According to the section 4th the speedy trial act 2002 the government may be notification in the official
gazette, may consist one more tribunal if he think fitsand may notify the local limited of each tribunal the
president may appoint as session judge on retired session judge of be the judge or special tribunal.
• According to the see 5 of the speedy tribunal act the government may by notification of the official gazette
may confer any offence to try this tribunal.

tribunals
Ain-shirinkhula-bigno-kari-oporad(speedy trial)Tribunal:-
• Ain- Shirinkhula – Bigno kari- oporad (speedy try) Ain-2002. The Govt. may by notification
of the official gazette cosist one or more speedy trial tribunal. This tribunal is comprised with
the first class magistrate. This tribunal shall try any offence under this ordinance.
The environmentalappellate tribunal:
• The environmental court act 2000 provided the provision of established on environment
appellate tribunal under section 12 comprising of a judge port of district judge.
• The government may empowered a district and session judge to worth as a judge to the
environment appellate court as an extra change and they will follow the proceeding of CRPC
in criminal cases and proceeding toe CPC in civil case suit.
The specialtribunal:
• The special tribunal has been established under the special power act 1974 with the session
judge as special judge of the tribunal. It deal with the offence as special in the schedule of the
act for offence punishable under the special power act 1974. The arms act 1818 the explosive
substances act 1908. Rule made under the emergency power act 1975. Section 376 of the
penal code 1860 etc.

tribunals
• Labourappellatetribunal:
• According to the sec 218 of the Bangladesh labour law 2006 labour appellate tribunal shall be consisted by
chairman and such number of members. And such chairman shall be appointed from among person who is
one has been a judge or an a additional judge of the supreme court labour tribunal shall followed as namely
as possible the provision of civil code procedure to hear appeal. This tribunal has power to modification
awarded decision, judgment or section given by the labur court. If any person aggrieved on the decision of
the labour appellate tribunal than the aggrieved person may appeal to the high court decision
• Landsurveytribunal:
• Land survey tribunal has been established under chapter (xvii A) section 145 (A) of the state acquisition
and tenancy X act (1950) SAT act. This chapter has been added in 2004 by an amendment in the act.
• TheArbitrationtribunal:
• According to the section 11 of the arbitration act. The parties shall be free to determine the number of
arbitration. And under the provision of this act the parties are able to consist of arbitration tribunals.
According to the provision of sec 12 of the arbitration tribunal act 2001 parties may be appointed arbitrator
to follow the requirement of the arbitration under this act. According to the provision of sec 17 of the
arbitration act 2001 provided that if the party is disagreed then the tribunal may exercise its own
jurisdiction-
1. There is existence of a valid Arbitration agreement.
2. The arbitration tribunal is properly constitute
3. Whether the arbitration agreement against the public policy
4. The arbitration is unable to preformed
5. What matter have been submitted to arbitration is accordance with the arbitration of agreement.

Necessary reading materials
• The Legal System of Bangladesh, Abdul
Halim(Chapter 2,3,4,5).
• The Constitution of the People`s Republic of
Bangladesh(Art-94,100-110).

First lecture of law 101

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