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The Subordinate Courts and Tribunals |
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There are a wide variety of subordinate
courts and tribunals. Such courts and tribunals are the creatures
of statutes. Their powers, functions and jurisdictions are
also determined by the respective statutes. These are the
basic courts in the system of the judiciary of Bangladesh.
The major bulk of the cases, both civil and criminal, are
tried and heard in such courts and tribunals. Certain tribunals
are termed as administrative tribunals. Such courts and tribunals
spread all over the country at the district levels. The subordinate
courts in Bangladesh can be divided in two broad classes,
namely, civil courts and criminal courts.
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| Civil Courts |
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The civil court system is more popularly known as the
subordinate judiciary. The civil courts are created under
the Civil Courts Act of 1887. The Act provides for five tiers
of civil courts in a district, which bottom-up are i) court
of assistant judge, ii) court of senior assistant judge, iii)
court of joint district judge, iv) court of additional district
judge and v) court of district judge. The first three are
courts of first instances with powers, functions and jurisdictions
in respect of subject matter, territory and pecuniary value
determined by or under statutes. The rest two are generally
courts of appeal in civil matters.
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| Criminal Courts |
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| Courts of Session |
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In the structure of Courts of Session,
there are three tiers of judges, namely, Sessions Judge, Additional
Sessions Judge and Joint Sessions Judge. Judges of Sessions
Courts try grave criminal offences. Sessions Judge and Additional
Sessions Judge hold same powers, while Joint Sessions Judge
enjoy lesser powers. A Sessions Judge and an Additional Sessions
Judge may impose any penalty including the death penalty.
No separate cadre of judges for criminal courts or courts
of session is there. Generally career civil judges are appointed
to act as judges in session courts in addition to their basic
functions as civil judges.
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| Courts of Metropolitan Session Judges |
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The Courts of Sessions in the metropolitan
areas of Dhaka and Chittagong have been separately organized
as the Courts of Metropolitan Sessions Judges. Such courts
are exclusively criminal courts to deal with only sessions
cases. Judges appointed to such courts do not hear or try
any civil matter, unlike judges of session courts in districts.
These are a kind of relatively fast track criminal courts.
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| Special
courts/tribunals |
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Apart from the aforesaid mainstream
civil and criminal courts within the structure of the subordinate
judiciary, there are a good number of special courts and tribunals,
both civil and criminal, to deal with specific matters or
offences. For example, in the civil area there are Labour
Courts to deal with disputes under different labour related
laws, Family Courts to deal with matrimonial matters, Money
Loan Courts, Bankruptcy Courts, Income Tax Tribunals, Administrative
Tribunals, Election Tribunals, etc. to deal with relevant
matters. Similarly in the criminal area, there are Special
Tribunals, Public Safety Tribunals, Courts Against Repression
of Women and Children, etc. to deal with certain specified
offences. All such courts and tribunals are also under the
general superintendence and control of the Supreme Court.
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| Courts
of Metropolitan Magistrate |
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The Courts of Magistrates in the metropolitan
areas are organized separately as Courts of Metropolitan Magistrates.
Each Metropolitan Magistracy has one Chief Metropolitan Magistrate
as head of the Institution. All magistrates in a Metropolitan
Magistracy are First Class Magistrates, unlike magistrates
in a District Magistracy. They are exclusively criminal courts.
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| Courts
of Magistrate |
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In the general structure of criminal courts, there are two
basic tiers, namely, Courts of Magistrates and Courts of Session.
This is so provided by the Code of Criminal Procedure, 1898.
There are three classes of Magistrates, namely, Magistrates
of the first class, Magistrates of the second class and Magistrates
of the third class. Such classification of Magistrates is
made on the basis of powers and functions assigned to each
class.
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© Ministry of Law, Justice and Parliamentary
Affairs, Bangladesh |
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