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JURISDICTION IN BANGLADESHAfter the emergence of Bangladesh in 1971, initially there was no change of laws and the judicial system. But with the coming into force of the Constitution of Bangladesh on 16 December 1972, the Supreme Court of Bangladesh with two divisions, the High Court Division and the Appellate Division, came into being. As the apex court the high court division has been vested with the power to hear appeals and revisions from subordinate courts, and also to issue orders and directives in the nature of writs to enforce fundamental rights and to grant other reliefs available under the writ jurisdiction.The appellate division is vested with power to hear appeals from the decisions of the high court division or from any other body under any statute. The high court division has also powers of supervision and control of the subordinate courts and tribunals. The supreme court is a court of record and can punish any one for its contempt or contempt of the courts subordinate to it. The laws declared by the appellate division is binding on the high court division and law declared by either division is binding on all subordinate courts. The high court division may declare any law inconsistent with the fundamental rights as null and void. The President of the republic controls the judicial officers of the subordinate courts in consultation with the supreme court.There are labour courts and labour appellate tribunals to decide labour disputes, administrative tribunals and administrative appellate tribunal to decide service disputes of public servants, income tax appellate tribunal to decide income tax disputes, custom, excise and VAT Appellate tribunal to decide disputes regarding custom and excise duties and VAT, court of settlement to decide disputes about abandoned properties, special judges to try corruption cases against public servants, special tribunals to try criminal cases under the Special Power Act 1974 and Nari-o-Shishu Nirjatan Daman Adalats to decide cases of crimes committed against children and women. To decide election disputes the election tribunals are constituted with judicial officers. Other tribunals follow the some procedure. Family courts have been constituted with assistant judges to decide family disputes. To decide money claims of the banks and other financial institutions Artha Rin Adalats have been set up presided over by judges, and insolvency courts have been set up presided over by district or additional district Judges to declare defaulting borrowers as insolvent. To try offences committed by children below the age of 16 years, juvenile courts have been formed with the magistrates and sessions judges, and juvenile courts follow the special procedure laid down in the childrens Act. Court martial formed under the provisions of the Army Act, Air Force Act, and Navy ordinance, tries the offences committed by the members of the armed forces, and the decision of such a court cannot be challenged in the supreme court. There are village courts in the rural areas and municipal conciliation boards in the urban areas to decide petty civil and criminal cases. The land appeal board is the highest authority to hear revenue appeals from the decisions of the subordinate land revenue authorities, and the national board of revenue decides tax, duty, excise and VAT cases at the highest level. Almost all the substantive laws creating rights and obligations are those enacted during the British period, and are still in operation with modifications from time to time. The most important modifications of the Code of Criminal Procedure are abolition of the provisions of enquiry made by the magistrate to see whether there is a prima-facie case against the accused to send him for trial in the court of sessions and trial of sessions cases by the assessors. The legal system of Bangladesh is basically a common law system with the difference that the supreme court can not only interpret laws made by the jatiya sangsad but can also declare the same null and void and enforce fundamental rights of the citizens. Though the legal system is founded on theEnglishcommon law, most of the laws of Bangladesh are statutory laws enacted by the legislature and interpreted by the higher courts. The procedural laws provide for an adversarial system of litigation in which prosecution has to prove the guilt of the accused who has no burden save in some exceptional cases, and the accused is presumed innocent till found guilty after trial, whereas in a civil case the burden is divided between the litigating parties. Moreover, there is a separation of powers amongst the legislature, executive and judiciary. The supreme court is not only independent of the other organs, but also acts as the guardian of the Constitution. Though the subordinate judiciary is independent in exercising of judicial power, the same is under eclipse due to the absence of separation of the lower judiciary from the executive. Consecutive governments committed themselves to separation, but as yet no action has been taken at the ground level. The Sangsad can enact laws, but the same cannot be inconsistent with the provisions of the Constitution, which include a number of fundamental rights. Thus the legislative power of the Bangladesh Jatiya Sangsad is not unlimited like that of the British parliament which is said to have power to make any law. The basic law of Bangladesh is the constitution of the Peoples Republic of Bangladesh, 1972 as amended from time to time. Till 1996, thirteen amendments have been made. All laws of the country are subordinate laws made by the elected Sangsad conforming to the tenets of the Constitution. The laws enacted by the legislature and now in operation regulate almost all spheres of life. Ordinarily executive authorities and statutory corporations cannot make any law, but can make by-laws to the extent authorized by the legislature. Such subordinate legislation is known as rules or regulations. Unless found ultra vires of the parent law, such rules or regulations are also enforceable by the court like the laws made by the legislature. Important laws of the country may be classified under some broad heads such as land and property laws, personal laws, commercial laws, labour and industrial laws, election laws, law of crimes, service laws, fiscal laws, press laws and laws relating to the remedies. In addition, there are various other laws on different subjects regulating different fields and spheres of activities of national life. To seek remedy a person has to file a case before the appropriate court or authority. Claims regarding money, property, compensation etc is to be filed before the civil court presided over by the assistant judge or subordinate judge according to value of the claim, and complaint against commission of crime is to be filed either with the local police station or in the criminal court of the magistrate of the first class of the locality. The police investigates the cases lodged with the police station and produces witnesses before the court during trial. On the other hand, it is the responsibility of the complainant to produce witnesses before the court in the cases in which magistrates take cognizance on the basis of a written complaint. There are other authorities before which remedies may be sought by an aggrieved party. Those authorities are administrative authorities or tribunals. Except in respect of enforcement of fundamental rights, admiralty, company matters and writ petitions, relief cannot be sought directly from the high court division which mainly deals with appeals and revisions from the decisions of the subordinate courts.The legal system is so vast and complicated that an ordinary person without the help of a legal practitioner (known as advocate) cannot effectively seek legal remedy from the court, administrative authorities or tribunals though there is no legal bar in seeking remedy directly without engaging a lawyer. The attorney general is the principal law officer of the government. He is also leader of the bar and ex-officio chairman of the bangladesh bar council. He is assisted by the additional attorney general, deputy attorney generals and assistant attorney generals. They represent the state in the supreme court and conduct cases at courts on behalf of the state. The government pleader is the principal law officer of the government in the district and he is assisted by the additional and assistant government pleaders. They represent the state in the subordinate civil courts in the district and conduct cases in those court on behalf of the state. Similarly the public prosecutor is another principal law officer of the government in the district in criminal matters. He is assisted by the assistant public prosecutors. They conduct prosecution cases on behalf of the state in the courts of sessions, sessions level courts or tribunals in the district. The police inspectors conduct prosecution cases on behalf of the state in the courts of the magistrates. In Bangladesh every one is equal before the law and entitled to equal protection of law, and there cannot be any discrimination on the ground of religion, race, sex, etc and no one can be detrimentally affected in life, liberty, body, reputation or property except in accordance with law. rule of law is one of the basic features of the legal system of Bangladesh. [Kazi Ebadul HoqueCIVIL COURTS AND THEIR JURISDICTIONS:- The Code of Civil Procedure, 1908(Act V of 1908),forms one of the most important, part of the adjective law of Bangladesh because it contains the law in accordance with which courts of civil judicature proceed in the trial of suits and other proceedings before them. Subject to the appellate jurisdiction of the Appellate Division of the Supreme Court, the High Court Division is the highest court of civil judicature in Bangladesh which has superintendence and control over District court, Civil Court of a grade inferior to that of a District Court and Court of Small Causes. These Courts include five classes of Civil Courts:*(a) The Court of the District Judge; (b) The Court of the Additional District Judge; (c) The Court of the Joint District Judge; (d) The Court of the Senior Assistant Judge and (e) The Court of the Assistant Judge.Hierarchy of Civil CourtsThe structure of civil courts in Bangladesh are as follows:1. The Court of the District Judge2. The Court of the Additional District Judge3. The Court of the Joint District Judge4. The Court of the Senior Assistant Judge5. The Court of the Assistant Judge* Section 3 was substituted, for section 3 by section 2 of the Civil Courts (Amendment), Act2001 (Act No. XLIX of 2001)ORDINARY JURISDICTIONUnder section- 18 of civil procedure extent of original jurisdiction of District or Joint District Judge:- Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or1Joint District] Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure, 1908 to all original suits for the time being cognizable by Civil Courts.Under section- 19 of civiel procedure Extent of jurisdiction of Senior Assistant Judge, etc.:- Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a Senior Assistant Judge and an Assistant Judge shall extend to all suits of which the value does not exceed four lac Taka and two lac Taka respectively.Under section- 20 of civiel procedure3[Appeal from District and Additional District Judges](1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge or4[ Additional District] Judgeshall lie to the High Court Division.(2) An appeal shall not lie to the High Court Division from a decree or order of an5[ Additional District] Judge in any case in which, if the decree or order had beenmade by the District Judge, an appeal would not lie to that Court.6Under section- 21 of civiel procedure7[Appeal from Joint District Judge, etc.](1) Save as aforesaid, an appeal from a decree or order of a8[Joint District] Judge shall lie-(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed9[five lac Taka] and(b) to the High Court Division in any other case.(2) Save as aforesaid, an appeal from a decree or order of a10[Senior Assistant Judge or an Assistant Judge] shall lie to the District Judge.(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an11[Additional District] Judge, the appeals may be preferred to the12[Additional District] Judge.(4) The High Court Division may, with the previous sanction of the Government, direct, by notification in the official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the decrees or orders of any13Senior Assistant Judge or an Assistant Judge], shall be preferred to the Court of such14Joint District] Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.THE ADMINISTRATIVE TRIBUNALS: Constitution: Administrative Tribunals have been established by the Government and each of the tribunals consists of one member appointed by the Government from amongst persons who are or have been district judge.Jurisdiction: It has exclusive jurisdiction to hear and determine application made by any person in the service of the Peoples Republic in respect if the terms and condition of his service. Appeal lies from the decision of this tribunal to the appellate tribunal.Constitution: This Tribunal consists of one member only appointed by the Government from the amongst the sitting or retired judges of the H.C.D.B.Jurisdiction:Appeal lies from the decision of the labour court to this tribunal subject two provision of the respective labour and industrial laws.A.CONSTITUTION: With a view to adjudicate disputes regarding employment of commercial or industrial labour a labour courts have been established. These consist of a chairman and two members. The chairman is appointed from amongst the District Judges or Additional district judges and one of the consultation with the employers and the other in consultation with the workmen.B.JURISDICTION:(I) Adjudicate and disputes (*) industrial disputes (*) lay of (*) Termination and dismissal from service etc.(II) Try offences (*) unfair labour practice (*) illegal strike or lock out (*) Non compliance of orders etc.C.CONSTITUTION:Family Courts have been establish under the Ordinance 1985. The Assistant Judge is the judicial officer of this court.B. JURISDICTION:This court will have jurisdiction over the following matters:(1) Dissolution of marriage(2) Dower(3) Restitution of conjugal rights(4) Maintenance(5) Guardianship and custody of childrenA.CONSTITUTION: Artho Rin Adalat (Loan Recovery Courts) have been constitution with Joint district Judges in every district. To realize debt due to banks and financial Institutions as specified in the Act, 2003.(II) Procedure to be followed: Unless there is anything repugeant in the Act, the court many follow the procedures as laid in the C.P.C.CONSTITUTION: As there is small cases court to ensure speedy justice and early disposal of disputes of small amount, the Government has empowered the form courts to try the cases of small amount.(A) Small cause suit valued up to taka six thousand is to be filed in the court of Assistant Judge.(B) Suit valuation up to taka ten thousand to be field in the Senior Assistant Judge of the local area.(C) Suit valued up to taka twenty thousand is to be field in the Joint District Judge of the local area vested with small causes power.NOTES AND REFERENCES The words Joint District were substituted, for the word Subordinate by section 9 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001) Section 19 was substituted, for the former section 19 by section 10 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The marginal heading was substituted, for the former marginal heading by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001) The words Additional District were substituted, for the word Additional by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The marginal heading was substituted, for the former marginal heading by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Additional District were substituted, for the word Additional by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The marginal heading was substituted, for the former marginal heading by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Joint District were substituted, for the word Subordinate by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Five lac Taka were substituted, for the words one lac and thirty thousand Taka by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Senior Assistant Judge or an Assistant Judge were substituted, for the words Assistant Judge by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Additional District were substituted, for the word Additional by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Additional District were substituted, for the word Additional by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Senior Assistant Judge or an Assistant Judge were substituted, for the words Assistant Judge by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Joint District were substituted, for the word Subordinate by sections 12 and 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The marginal heading was substituted, for marginal heading by section 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Joint District were substituted, for the word Subordinate by sections 12 and 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Senior Assistant Judges or Assistant Judges were substituted, for the words Assistant Judges by section 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Joint District were substituted, for the word Subordinate by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Senior Assistant Judge or Assistant Judge were substituted for the words Assistant Judge by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Joint District were substituted, for the word Subordinate by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Senior Assistant Judge or Assistant Judge were substituted for the words Assistant Judge by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). Sub-clause (e) was omitted by section 6(2) of the Bengal, Agra and Assam Civil Courts (Bengal Amendment) Act, 1935. The words Joint District were substituted, for the word Subordinate by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Senior Assistant Judge or Assistant Judge were substituted, for the words Assistant Judge by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Joint District were substituted, for the word Subordinate by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Senior Assistant Judge or Assistant Judge were substituted, for the words Assistant Judge by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Senior Assistant Judge or Assistant Judge were substituted, for the words Assistant Judge by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Senior Assistant Judge or Assistant Judge were substituted, for the words Assistant Judge by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). In the marginal heading the words Senior Assistant Judges or Assistant Judges were substituted, for the words Assistant Judges by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Joint District were substituted, for the word Subordinate by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words Senior Assistant Judge or Assistant Judge were substituted, for the words Assistant Judge by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The word Provincial was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). The words, brackets and figures twenty thousand Taka in the case of a Subordinate Judge or ten thousand Taka in the case of an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in the case of any other Assistant Judge were substituted, for the words, brackets and figure ten thousand Taka in the case of a Subordinate Judge or five thousand Taka in the case of an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or three thousand Taka in the case of any other Assistant Judge by section 4 of the Civil Courts (Amendment) Act, 1990 (Act No. XLVIII of 1990). The words Joint District were substituted, for the word Subordinate by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). The words a Senior Assistant Judge or six thousand Taka in the case of an Assistant Judge were substituted, for the words an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in the case of any other Assistant Judge by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). In the marginal heading the words Senior Assistant Judges or Assistant Judges were substituted, for the words Assistant Judges by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001). Section 25A was inserted by section 17 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)Criminal Courts:- The criminal law of Bangladesh makes due allowance for existence of courts of special jurisdiction and establishes various types of criminal courts across Bangladesh subordinate to the SC. The Code of criminal Procedure (CrPC) 1898 is the legal bases of the criminal courts in Bangladesh. S.6 of this code lays down that besides the SC 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.Classes of Criminal Courts:- Classes of Criminal Courts.- (1) 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 of2[ Magistrates].(2) There shall be two classes of Magistrate, namely: (a) Judicial Magistrate and(b) Executive Magistrate.(3) 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 classExplanation: For the purpose of this sub-section, the word Chief Metropolitan Magistrate and Chief judicial Magistrate shall include Additional Chief Metropolitan Magistrate and Additional Chief judicial Magistrate respectively.]Under Section- 7 of criminal Procedure sessions divisions and districts Power to alter divisions and districts Existing divisions and districts maintained till altered:- Bangladesh shall consist of sessions divisions: and every sessions division shall, for the purposes of this Code, be a district or consist of districts.Under Section- 8 of criminal Procedure Power to divide districts into Upazilas etc Existing sub-divisions maintained:- The Government may divide a district into Upazilas and, by notification in the official Gazette, fix or alter the limits of a Upazila or merge the areas ofmorethan one Upazila into one Upazila and in so fixing, altering or merging, the Government shall ensure that the area of a Upazila is identical with the local area included in a police Station.]Under Section- 9 of criminal ProcedureCourt of Sessions(1) The Government shall establish a Court ofSessionfor every sessions division, and appoint a judge of such Court4[ ; and the Court ofSessionfor5[ a] Metropolitan Area shall be called the Metropolitan Court ofSession.](2) The Government may, by general or special order in the official Gazette, direct at what place or places the Court ofSessionshall hold its sitting; but, until such order is made, the Courts ofSessionshall hold their sittings as heretofore.(3) The Government may also appoint Additional Sessions Judges and Assistant Sessions Judges toexercisejurisdiction in one ormoresuch Courts.6[ ***] Provided that where in a district, the District Magistrate, Additional District Magistrate or any Magistrate of the first class is specially empowered under section 29C to try any offence, all Assistant Sessions Judges of the sessions division within which the district is situate shall be deemed to have been appointed as Additional Sessions Judges of that division.]The members of the Bangladesh Judicial Service shall be appointed as Sessions Judge, Additional Sessions Judge and Joint Sessions Judge in accordance with the rules framed by the President under the proviso toArticle133 of the constitution to exercise jurisdiction in one ormoreof such areas.](4) A Sessions Judge of one sessions division may be appointed by the Government to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in either division as the Government may direct.(5) All Courts ofSessionexisting when this Code comes into force shall be deemed to have been established under this Act.Under Section- 10 of criminal ProcedureExecutive Magistrates.Executive Magistrates.- (1) In every district and in every Metropolitan Area, the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrat(2) The Government may also appoint any Executive Magistrate to be an Additional District Magistrate, and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the Government may direct.(3) Whenever in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the chief executive in the administration of the district, such officer shall, pending the orders of the Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate.(4) The Government may, or subject to the control of the Government, the District Magistrate may, from time to time, by order define local areas within which the Executive Magistrate may exercise all or any of the powers with which they may be invested under this Code and, except as otherwise provided by such definition, the jurisdiction and powers of every such Executive Magistrate shall extend throughout the district.(5) The Government may, if it thinks expedient or necessary, appoint any persons employed in the Bangladesh Civil Service (Administration) to be an Executive Magistrate and confer the powers of an Executive Magistrate on any such member.(6) Subject to the definition of the local areas under sub-section (4) all persons appointed as Assistant Commissioners, Additional Deputy Commissioners or Upazila Nirbahi officer in any district or Upazila shall be Executive Magistrates and may exercise the power of Executive Magistrate within their existing respective local areas(7) Nothing in this section9[ shall] preclude the Government from conferring, under any law for the time in force, on a Commissioner of Police, all or any of the powers of an executive Magistrate in relation to a Metropolitan area.Under Section- 11 of criminal ProcedureJudicial Magistrates.:- In every district outside a Metropolitan Area, the Chief Judicial Magistrates10[ , Additional Chief Judicial Magistrate] and other Judicial Magistrates shall be appointed from the persons employed in the Bangladesh Judicial service in accordance with the rules framed by the president11under the proviso toArticle133 of the constitution.An Additional Chief Judicial Magistrate shall have all or any of the powers of the Chief Judicial Magistrate under this Code or any other law for the time being in force, as the Government may direct.]The Government may, or subject to the general or special orders issued by the Government in consultation with the High Court Division, the Chief Judicial Magistrate may, from time to time, define local areas within which the Judicial Magistrates may be invested under this Code, and except as otherwise provided by such definition the jurisdiction and powers of every such Magistrate shall extend throughout the district.Notwithstanding anything contained in this section, the Government may require any Executive Magistrate to perform the functions of a Judicial Magistrate for a period to be determined in consultation with the High Court Division and during such period, the Magistrate shall not perform the functions of an Executive Magistrate.Under Section- 12 of criminal ProcedureSpecial Magistrate.(1) The Government may confer upon any person all or any of the powers conferred or conferrable by or under this Code on an Executive Magistrate in respect of particular cases or a particular class or classes of cases, or in regard to cases generally in any local area outside a Metropolitan are a :Provided that no power shall be conferred under the sub-section on any police officer below the grade of an Assistant Superintendent of Police and no powers shall be conferred on a such police officer except so far as may be necessary for preserving the peace, preventing crime and detecting apprehending and detaining offenders, in order to bring the offender before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force.(2) The persons on whom the powers under sub-section (1) are conferred shall be called Special Executive Magistrates and shall be appointed for such term as the Government may by general or special order direct.(3) The Government may, in consultation with the High Court Division confer upon any Magistrate all or any of the powers conferred or conferrable by or under this Code on a powers conferred or conferrable by or under this Code on a Judicial Magistrate of the first, second or third class in respect of particular cases or a particular class or classes of cases or in regard to cases generally in any local area outside a Metropolitan Area.(4) The Magistrate on whom the powers under sub-section (3) are conferred shall be called Special Magistrates and shall be appointed for such term as the Government may, in consultation with the High Court Division, by general or special order direct(5) The Government may in consultation with the High Court Division confer upon any Metropolitan Magistrate all or any of the powers conferred or conferrable by or under this Code on Metropolitan Magistrate in respect of particular cases or a particular class or classes of cases, or in regard to cases generally in any Metropolitan Area.(6) The persons on whom the powers under sub-section (5) are conferred shall be called Special Metropolitan Magistrates and shall be appointed for such term as the Government may in consultation with High Court Division by general or special order direct.]Under Section- 15 of criminal Procedure Benches of Magistrates Powers exercisable by Bench in absence of special direction:- The Government may direct any two ormoreMagistrates in any place14[ outside15[ a] Metropolitan Area] to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferrable by or under this Code on a Magistrate of the first, second or third class, and direct it to exercise such powers in such cases, or, such classes of cases only, and within such local limits, as the Government thinks fit.Under Section- 16 of criminal Procedure Power to frame rules for guidance of Benches:- The Government may, or, subject to the control of the Government, the16[ Chief Judicial Magistrate] may, from time to time, make rules consistent with this Code for the guidance of Magistrates Benches in any district respecting the following subjects:-(a) the classes of cases to be tried;(b) the times and places of sitting;(c) the constitution of the Bench for conducting trials;(d) the mode of settling differences of opinion which may arise between the Magistrates insession.Under Section- 17 of criminal Procedure Subordination of Magistrates and Benches to District Magistrate;(1) All Executive Magistrate appointed under section 10 and 12 (1) shall be subordinate to the District Magistrate who may, from time to time, give special order consistent with this Code as to the distribution ofbusinessamong such Magistrates(2) All Judicial Magistrates appointed under section 11 and 12 (3) and all Benches constituted under section 15 shall be subordinate to the Chief Judicial Magistrate who may, from time to time give special orders consistent with this Code and rules made by the Government under section 16 as to the distribution ofbusinessamong Magistrates and Benches.(3) All Metropolitan Magistrates including Additional Chief Metropolitan Magistrate, and Special Metropolitan Magistrate appointed under section 12 (5) and Benches constituted under section 19, shall be subordinate to the chief Metropolitan Magistrate, who may, from time to time, give special orders consistent with this Code and rules made by the Government under section 16 as to the distribution of business among such Magistrates and Benches.(4) All Judicial Magistrates including the Chief Judicial Magistrate shall be subordinate to the Sessions Judge and all Metropolitan Magistrates including the Chief Metropolitan Magistrate shall be subordinate to the Metropolitan Sessions Judge.Under Section-17A of criminal Procedure Subordination of Joint Sessions Judges(1) All Joint Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and the Sessions Judge may, from time to time, make rules or give special orders consistent with this Code as the distribution of business among such joint Sessions Judges.(2)The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Joint Sessions Judge and such Judge shall have jurisdiction to deal with any such application.]Under Section- 18 of criminal Procedure Appointment of Metropolitan Magistrates(1) In every Metropolitan Area, the Chief Metropolitan Magistrate, Additional Chief Metropolitan Magistrate and other Metropolitan Magistrates shall be appointed from among the persons employed in the Bangladesh judicial Service.(2) The Government may appoint one ormoreAdditional Chief Metropolitan Magistrates, and such Additional Chief Metropolitan Magistrates shall have all or any of the powers of the Chief Metropolitan Magistrate under this Code or under any other law for the time being in force, as the Government may direct.Under Section- 19 of criminal ProcedureBenches:- Any two ormoreof Metropolitan Magistrates may, subject to the rules made by the Chief Metropolitan Magistrate, sit together as Bench.Local limits of jurisdiction:- Every Metropolitan Magistrate shall exercise juris-diction in all places within20[ a] Metropolitan Area for which he is appointed.Under Section- 21 of criminal ProcedureChief Metropolitan Magistrate(1) The Chief Metropolitan Magistrate shall exercise within the local limits of his jurisdiction all the powers conferred on him or on a Metropolitan Magistrateunder this Code, or under any law for the time being in force] and may, from timeto time, with the previous sanction of the Government, make rules consistent withthis Code to regulate-(a) the conduct and distribution of business and the practice in the Courts ofMetropolitan Magistrates;(b) the constitution of Benches of Metropolitan Magistrates;(c) the times and places at which such Benches shall sit;(d) the mode of settling differences of opinion which may arise betweenMetropolitan Magistrates insession; and(e) any other matter which could be dealt with by a District Magistrate under hisgeneral powers of control over the Magistrates subordinate to him.(2) For the purposes of this Code, all Metropolitan Magistrates, including theAdditional Chief Metropolitan Magistrates, and Bench of such Magistrates shall besubordinate to the Chief Metropolitan Magistrate; who may, from time to time,make rules or give special orders consistent with this Code, as to the distribution ofbusiness among such Magistrates.JURISDICTION OF TRIBUNAL:- The tribunal shall not take any offence into cognizance without any written report of any police officer not below the rank of sub-inspector or any other person authorised by the Government with any ordinary or special order.1) lf any appellant has failed to make his allegation to nay police officer or any authorise person and filed a. petition with an affidavit of such failure to the tribunal then verifying the appellant-a) being satisfied the tribunal shall direct, anysubstrate or any other person to inquire into the allegation and he person so directed to inquiry shall submit the report to the tribunal within the period of seven working days;b) being not satisfied the tribunal should dismiss the petition at once.lb) If any tribunal is alter receipt of report, satisfied that-a) the petitioner has Sailed to make any police officer or any authorised officer to take the petition and there are evidences in support of the petition, then the tribunal shall take the offence for adjudication on the basis of such report and allegation;b) the tribunal shall dismiss the petition ondisproof of that the petitioner has failed to make the police officer to take the allegation,- or there is any evidence in support of such allegation.c) The tribunal may despite being not available of any allegation or recommendation in regard to it to take proceeding, take any offence for trial, if considers appropriate and for the greater interest of justice.A.CONSTITUTION: The speedy Trial Tribunals have been established with thesessionJudge under the speedy Tribunal Act 2002.B. JURISDICTION: This tribunal shall try of these certain offences of (a) murder (b) rape (c) possession of illegal arms, (d) explosive (e) Narcotice within the specific time which are under trial of the different courts. Government will,by gazette notification, transfer these cases from trying courts to this tribunals. It is mentionable that the result of disposal of the cases of this tribunal is very satisfactory.A. CONSTITUTION: Government has established Environmental Courts for the trial of offences to relating to environmental pollution and matters. Environmental Courts have been constituted with the joint District Judges who are also ex-officio Assistant secsion Judges to try major environment offences under the environmental protection Act 1995 and other environmental laws and Rules. Similarly, Magistrates have been enpowed to try minor environment offense.B.JURISDICTION :1. Try all environmental offence under the relevant laws.2. Sentence not exceeding 3 years as well as fine, not exceeding 3 lac taka or above.C. Procedure to be fallowed: Unless other wise provided in this Act, the criminal procedure code shall be applicable.SPECIAL TRIBUNAL:- Special Tribunal will judgment any cases which cases are come in special Tribunal. Special Tribunal give death sentences any imprisonment and give any punishment which is approval in Law. The Arms Act and the exclusive substant Act 1908 function with special Tribunal.Ain Shrinkhala (Aparaddomon) Druto Bichar Ain 2000-2002The Government may established one ormorespeedy Trial Tribunal in every district and metropolitan Area. For the fulfillment of the object of this law. The court may be established one 1stclass Magistrate. This Tribunal complete their judgment to complain of the any sub-inspector.Conclusion : In the 1stchapter Introduction and 2ndchapter of this research paper I have discuss about thecourt structureof Mughal period, British period, Indian Period, Pakistan period and Bangladesh Period and in the 3rdchapter I have discuss about civil court where only judge the civil cases in the act of 1887 with Amendment in 2001 there are five kinds of civil courts-1. The Court of the District judge = The jurisdiction of this court in Five lac taka.2. The Court of the Additional District Judge = The jurisdiction of this court in five lac taka (Some).3. The Court of the joint District judge = This court can judge any unfixed case.4. The Court of the senior Assistant Judge = The jurisdiction of this court is four lac taka.5. The Court of the Assistant judge = The Jurisdiction of this court is two lac taka.Beside these, there are criminal courts and this jurisdictions-Court ofSession= In every district there is asessioncourt and there is a judge to maintain the trial. Jurisdiction Onesessionjudge can give three kinds of jurisdiction =(i) Original jurisdiction.(ii) Appellate jurisdiction.(iii) Revisional jurisdiction.Metropolitan Magistracy By the Act 18 there are =(i) Chief Metropolitan Magistrate(ii) Additional Metropolitan Magistrate(iii) Metropolitan Magistrate.In every Metropolitan Area there are a chief Metropolitan Magistrate, one ormorethan one Additional Metropolitan Magistrate and some Metropolitan Magistrate. They are 1stclass Magistrate. Jurisdiction of the Magistrate According to the Criminal court section 32 they can give the following Punishment =(A) Metropolitan Magistrate and 1stClass Magistrate Court can give =(i) Notmorethan five years imprisonment(ii) Law Submitted imprisonment.(iii) Notmorethan 10 thousand taka. money penalty with caning.(B) 2ndClass Magistrate (i) Law Permitted Punishment and notmorethan 3 years imprisonment(ii) Notmorethan 5 thousand taka money penalty.(C) 3rdClass magistrate (i) Not more than 2 years punishment and(ii) Not more than 2 thousand taka money Penalty.Without taking money Penalty they can give extra imprisonment with the given imprisonment. Besides labour court and labour Appellated tribunal have dissident jurisdiction.Small causes courts jurisdiction (A) For the jugma judges not more than 20 thousand taka money penalty.(B) For the senior sub-judges 10 thousand taka and(C) For sub-judges not more than six thousand taka.But Small causes courts can not have the following jurisdiction Create Digry, Crate Movable Property, session 9, Session 91 and 92, Attachment of Movable property, Injunction, Emply receiver of movable property and its act is very short. On the other hand, ordinance of 1985 family court has established.On 15 June, 1985 Family court ordinances imposed but by the Act of Muslim paribar Law Ordinance 1961 family court can give jurisdiction for five subject (i) Devorse, (ii) Re-establish the conjugal life (iii) Moharana (iv) Voronposhar and (v) Guardianship of children.Besides Special Tribunal Act Appellated tribunal Acts historical background of Bangladesh.