Courts and the Adjudication System in Bangladesh | Advocacy Legal BD

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Courts and the Adjudication System in Bangladesh:

The courts and adjudication system in Bangladesh play a vital role in upholding the rule of law and ensuring justice for its citizens. Understanding the structure and functioning of the judiciary is essential for anyone navigating legal matters.

Advocacy Legal, recognized among Bangladesh’s top lawyers, provides expert legal representation across all levels of courts.

Court Structure in Bangladesh

Bangladesh’s judiciary operates under a hierarchical structure established by the Constitution of the People’s Republic of Bangladesh, 1972.

Three Main Levels:

Supreme Court (Apex Court)
District Courts (Intermediate Level)
Magistrate Courts & Specialized Tribunals (Lower Level)

Constitutional Basis:

Article 94: Establishes Supreme Court
Article 109: Supreme Court’s superintendence over subordinate courts
Article 22: Separation of judiciary from executive

Official Resource: Supreme Court of Bangladesh

Supreme Court of Bangladesh

The Supreme Court of Bangladesh is the highest judicial authority in the country. It comprises two divisions with distinct functions:

1. Appellate Division

The Final Court of Appeal

Jurisdiction:

Hears appeals from High Court Division
Final authority on all legal matters
Constitutional interpretation
Death sentence references (mandatory review)

Powers:

Grant or refuse leave to appeal
Decide civil and criminal appeals
Review judgments in exceptional cases
Set binding legal precedents

Bench Composition:

Typically 3-5 judges
Chief Justice may preside
Full court for constitutional matters

Important: Appellate Division decisions are final and binding on all courts in Bangladesh.

2. High Court Division

Original and Appellate Jurisdiction

Original Jurisdiction:

Writ Petitions (Article 102):

Enforcement of fundamental rights
Judicial review of government actions
Public interest litigation
Issue five types of writs: Certiorari, Mandamus, Prohibition, Quo Warranto, Habeas Corpus

Company Law Matters:

Company winding-up petitions
Shareholder disputes
Oppression and mismanagement cases

Admiralty Jurisdiction:

Maritime disputes
Ship arrests

Appellate Jurisdiction:

Criminal Appeals:

Appeals from Sessions Court
Bail applications
Criminal revisions
Quashing of FIR

Civil Appeals:

Civil revisions from District Courts
Second appeals (questions of law)

Tribunal Appeals:

Tax tribunals
Administrative tribunals
Labor courts

Subordinate Courts

Subordinate courts include District Courts, Sessions Courts, Magistrate Courts, and other specialized tribunals. They handle cases at the district and lower levels.

1. District Courts (Civil Matters)

District Judge Court:

Principal civil court at district level
Original suits of any value
Appeals from lower courts
Probate, succession, guardianship matters

Additional/Joint District Judge:

Assist District Judge
Same powers as District Judge

Senior Assistant Judge & Assistant Judge:

Civil suits of limited value
Money claims
Specific civil matters

2. Sessions Courts (Criminal Matters)

Sessions Judge Court:

Principal criminal court at district
Exclusive jurisdiction: Murder and offenses punishable with death/life imprisonment
Appeals from Magistrate courts
Can award death sentence (subject to High Court confirmation)

Additional Sessions Judge:

Assists Sessions Judge
Same powers and jurisdiction

3. Magistrate Courts

Chief Judicial Magistrate (CJM):

Senior magistrate at district
Try offenses within magistrate jurisdiction
Supervise lower magistrates
Sentencing: Up to 5 years imprisonment

Senior/First Class Judicial Magistrate:

Most criminal cases
Sentencing: Up to 2-3 years imprisonment

Second/Third Class Magistrate:

Minor offenses
Limited sentencing powers

4. Specialized Courts & Tribunals

Family Courts:

Divorce, custody, maintenance
Informal proceedings
Reconciliation attempts

Women & Children Repression Tribunals:

Sexual offenses
Violence against women/children
Speedy trial provisions

Money Loan Courts (Artha Rin Adalat):

Bank loan recovery
Debt enforcement
Summary proceedings

Administrative Tribunals:

Government service matters
Employment disputes

Labor Courts:

Employment disputes
Wrongful termination
Wage claims

Tax Tribunals:

Income tax disputes
VAT matters
Customs appeals

How Court Proceedings Are Conducted in Bangladesh

Conducting courtroom proceedings in Bangladesh, like in any country, requires adherence to legal procedures and protocols. Here’s a comprehensive guide:

1. Courtroom Setup

Physical Layout:

Judge’s Bench:

Elevated platform where judge presides
Court clerk and staff nearby
Central commanding position

Lawyers’ Area:

Designated seating for advocates
Podium for addressing the court
Document tables for case files

Parties’ Seating:

Area for accused/defendants
Plaintiff/prosecution seating
Witness stand for testimony

Public Gallery:

Seating for observers
Open court proceedings (generally)
May be restricted for sensitive cases

2. Opening of Court

Formal Commencement:

Judge’s Entry:

Everyone rises as sign of respect
Judge takes seat at bench
Court is called to order

Court Clerk:

Calls the case number
Announces parties’ names
Confirms appearance of lawyers

Attendance:

Lawyers confirm their appearance
Note down parties present/absent
Proceedings officially begin

3. Role of the Judge

The judge presides over the courtroom, ensuring proceedings are conducted fairly and according to law.

Key Functions:

Legal Interpretation:

Interprets applicable laws
Applies law to case facts
Clarifies legal principles

Evidence Management:

Decides admissibility of evidence
Ensures Evidence Act, 1872 compliance
Rules on objections

Procedural Control:

Maintains courtroom decorum
Controls examination of witnesses
Manages time and schedule

Decision Making:

Provides instructions (if jury trial)
Renders judgment in bench trials
Issues reasoned orders

4. Presentation of Evidence

Order of Presentation:

Prosecution/Plaintiff Presents First:

Opening statement outlining case
Present documentary evidence
Call witnesses for examination

Defense Responds:

After prosecution/plaintiff concludes
Present counter-evidence
Call defense witnesses

Evidence Act Compliance:

All evidence must comply with Evidence Act, 1872
Governs admissibility of evidence
Documentary and oral evidence rules
Expert testimony procedures

5. Examination of Witnesses

Three-Stage Process:

a) Examination-in-Chief:

Witness questioned by party that called them
Cannot ask leading questions (generally)
Establish facts supporting case

b) Cross-Examination:

Opposing side challenges testimony
Leading questions allowed
Test credibility and truthfulness
Bring out contradictions
Most critical stage

c) Re-Examination:

Party that called witness clarifies issues
Only on matters raised in cross-examination
Cannot introduce new matters

Oath Administration:

Witnesses sworn in before testimony
Religious or solemn affirmation
Requirement under Evidence Act

6. Legal Arguments

After Evidence Concluded:

Prosecution/Plaintiff Arguments:

Interpret law applicable to case
Apply law to established facts
Cite relevant case precedents
Persuade judge of their position

Defense Arguments:

Counter legal interpretation
Present alternative view of facts
Cite contradictory precedents
Challenge prosecution’s case

Judge’s Role:

Listen to both sides
Ask clarifying questions
Consider legal authorities cited
Take notes for judgment

7. Closing Statements

Final Opportunity:

Both Sides Present:

Summary of entire case
Highlight key evidence
Emphasize strongest arguments
Urge judge/jury to rule in favor

Prosecution/Plaintiff First:

Summarize evidence presented
Reiterate legal position
Request favorable verdict

Defense Follows:

Counter prosecution’s summary
Point out weaknesses
Request acquittal/dismissal

8. Verdict

Two Types of Trials:

Bench Trial (Trial by Judge):

Judge alone decides
Based on evidence and legal arguments
Judgment announced in open court
Written judgment follows

Jury Trial (Rare in Bangladesh):

Jury deliberates privately
Reaches verdict by consensus/majority
Verdict announced in open court
Judge sentences if guilty verdict

Judgment Components:

Findings on facts
Application of law
Reasoning for decision
Final order/verdict

9. Sentencing (If Applicable)

If Defendant Found Guilty:

Judge Imposes Sentence:

Criminal Cases:

Imprisonment (simple or rigorous)
Fines and penalties
Probation or suspended sentence
Combination of punishments

Sentencing Factors:

Severity of offense
Previous criminal record
Mitigating circumstances
Aggravating factors
Legal maximum/minimum

Civil Cases:

Damages awarded
Injunctions issued
Specific performance ordered
Court costs allocation

10. Adjournment

Conclusion of Proceedings:

After Verdict Announced:

Judge formally adjourns court
Next hearing date set (if appeals possible)
Case file updated
Parties leave courtroom

Reasons for Adjournment (During Trial):

Request for more time
Witness unavailable
Document production needed
Court’s congested schedule

Essential Courtroom Etiquette

Maintaining Decorum:

Addressing the Judge:

Use “Your Honor” or “My Lord/My Lady”
Stand when addressing court
Never interrupt the judge

Courtroom Behavior:

Rise when judge enters/exits
No mobile phones (silent/off)
No eating or drinking
Professional attire required
Speak only when permitted

Legal Language:

Proceedings conducted in Bengali
Interpreters available if needed
Legal terminology used
Formal language maintained

Respect for Process:

Follow court instructions
No outbursts or disruptions
Maintain silence when not speaking
Wait for permission to approach bench

Get Expert Legal Representation

Advocacy Legal’s Court Representation Services

Advocacy Legal provides comprehensive legal representation across all courts in Bangladesh.

Our Services:

Supreme Court Practice:

High Court Division representation
Appellate Division appeals
Writ petitions and constitutional matters
Company and admiralty cases

Trial Court Representation:

District Court civil litigation
Sessions Court criminal defense
Magistrate court cases
Family court matters

Specialized Tribunals:

Tax tribunals
Administrative tribunals
Labor courts
Money loan courts

Criminal Defense:

Criminal cases defense
Bail applications
Appeals and revisions
Quashing petitions

Why Choose Advocacy Legal?

Led by Advocate Md. Noushad Parvez:

10+ years litigation experience
Regular practice in all court levels
500+ cases successfully handled
Expert in complex litigation

Our Advantages:

Experienced advocates at all court levels
Strong track record of success
Personalized attention to every case
Transparent fee structure
Professional courtroom representation

Contact Us:

Phone: +88 01795762000 (WhatsApp)
Email: info@advocacylegalbd.com
Website: www.advocacylegalbd.com
Office: 3rd Floor, House-37, Road-7, Sector-3, Uttara, Dhaka-1230

Frequently Asked Questions

1. What is the structure of courts in Bangladesh?

Three-tier structure:

Supreme Court (Appellate Division & High Court Division)
District Courts (District Judge, Sessions Judge)
Magistrate Courts (CJM, Judicial Magistrates)
Specialized Tribunals (Family, Tax, Labor, etc.)

2. What is the difference between Appellate Division and High Court Division?

Appellate Division:

Final court of appeal
Hears appeals from High Court
Constitutional interpretation

High Court Division:

Original writ jurisdiction
Appellate jurisdiction from lower courts
Regular court practice

3. Which court handles what types of cases?

Criminal:

Sessions Court: Murder, serious crimes
Magistrate: Lesser offenses
High Court: Appeals, bail

Civil:

District Judge: Property, contracts
Assistant Judge: Small claims
High Court: Revisions, appeals

Family:

Family Courts: Divorce, custody, maintenance

4. How long do court cases take in Bangladesh?

Varies widely:

Magistrate cases: 6 months – 2 years
District/Sessions: 2-5 years
High Court: 1-3 years
Appellate Division: 2-5 years

Depends on: Complexity, evidence, court backlog, adjournments

5. Can I represent myself in court?

Yes, but not recommended. You can represent yourself (appears in-person), but:

Challenges:

Complex procedures
Legal technicalities
Evidence rules
Courtroom protocol

Better to hire: Experienced lawyer like Advocacy Legal for proper representation.

6. What language are court proceedings in?

Primary Language: Bengali (Bangla)

Supreme Court: English also used

Translation: Interpreters available if parties don’t understand Bengali

Documents: Can be in English or Bengali with translation

7. How do I appeal a court decision?

Steps:

File appeal within limitation period
In next higher court
Grounds: Legal errors, factual mistakes
Need appellate lawyer

Appeal Routes:

Magistrate → Sessions Court
Sessions → High Court
District → High Court
High Court → Appellate Division

8. What should I wear to court?

Dress Code:

Men: Formal shirt, trousers, closed shoes

Women: Formal attire, salwar kameez, saree (modest)

Lawyers: Black coat and white shirt/blouse (traditional)

Avoid: Casual wear, jeans, t-shirts, sandals

Conclusion

Understanding the courts and adjudication system in Bangladesh is essential for effectively navigating legal matters. From the Supreme Court to subordinate courts, each level plays a vital role in dispensing justice.

Key Takeaways:

Supreme Court – Apex court with two divisions
Subordinate Courts – District and Magistrate levels
Specialized Tribunals – Family, Tax, Labor, etc.
Proper Procedure – Essential for success
Legal Representation – Highly recommended

Need Court Representation?
Contact Advocacy Legal for expert legal services across all courts in Bangladesh.

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