Law of Bangladesh
Encyclopedia
The Law of Bangladesh is primarily in accordance with the English legal system although since 1947, the legal scenario and the laws of Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...

 have drifted far from the West owing to differences in socio-cultural values and religious guidelines. In November 2007, Bangladesh has successfully separated the Judiciary from the Executive but several black laws still influence the rulers in creating Special Tribunals in using several black laws including the Special Powers Act.

Fundamental Rights In Bangladesh

Bangladeshi people have 23 fundamental rights
Fundamental rights
Fundamental rights are a generally-regarded set of entitlements in the context of a legal system, wherein such system is itself said to be based upon this same set of basic, fundamental, or inalienable entitlements or "rights." Such rights thus belong without presumption or cost of privilege to all...

 under the Constitution of Bangladesh
Constitution of Bangladesh
The Constitution of Bangladesh is the supreme law of Bangladesh. It declares Bangladesh as a secular democratic republic where sovereignty belongs to the people; and lays down the framework defining fundamental political principles of the state and spells out the fundamental rights of citizens...

, Part 3, Articles 26 to 47A. The Fundamental Rights in Bangladesh under below:
  1. Laws inconsistent with fundamental rights to be void (Article-26)
  2. Equality before law (Article-27)
  3. Discrimination on grounds of religion
    Religion
    Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...

    , etc. (Article-28)
  4. Equality of opportunity in public employment (Article-29)
  5. Prohibition of foreign titles, etc. (Article-30)
  6. Right to protection of law (Article-31)
  7. Protection of right to life
    Right to life
    Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...

     and personal liberty (Article-32)
  8. Safeguards as to arrest
    Arrest
    An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...

     and detention
    Detention
    Detention may refer to:*Detention *Detention *Detention, a form of punishment used in schools*"Detention" , Episode 58 of the CBS TV drama Cold Case...

     (Article-33)
  9. Prohibition of forced labour (Article-34)
  10. Protection in respect of trial and punishment (Article-35)
  11. Freedom of movement (Article-36)
  12. Freedom of assembly (Article-37)
  13. Freedom of association (Article-38)
  14. Freedom of thought and conscience, and of speech (Article-39)
  15. Freedom of profession or occupation (Article-40)
  16. Freedom of religion
    Freedom of religion
    Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...

     (Article-41)
  17. Rights of property (Article-42)
  18. Protection of home and correspondence (Article-43)
  19. Enforcement of fundamental rights (Article-44)
  20. Modification of rights in respect of disciplinary law (Article-45)
  21. Power to provide indemnity
    Indemnity
    An indemnity is a sum paid by A to B by way of compensation for a particular loss suffered by B. The indemnitor may or may not be responsible for the loss suffered by the indemnitee...

     (Article-46)
  22. Saving for certain laws (Article-47)
  23. Inapplicability of certain articles (Article-47A)

The Judiciary of Bangladesh

The Judiciary of Bangladesh consists of a Supreme Court, subordinate courts and tribunals.

The Supreme Court

The Supreme Court of Bangladesh comprises the Appellate Division and the High Court Division. It is the apex Court of the country and other Courts and Tribunals are subordinate to it.

The Appellate Division

The Appellate Division shall have Jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division. It has rule making power for regulating the practice and procedure of each division and of any Court subordinate to it. Chancery Research and Consultants Trust (CRC-Trust) maintains a website Chancery Law Chronicles-First ever Online Database of Bangladesh Laws where it has already included 4500 judgements of the Appellate Division and High Court Division of the Supreme Court of Bangladesh from 1972 to till date.

The High Court Division

The High Court Division, though a Division of the Supreme Court, is for all practical purposes, an independent court with its powers, functions and jurisdictions well defined and determined under the Constitution and different laws. It has both appellate as well as original jurisdiction. It hears appeals from orders, decrees and judgments of subordinate courts and tribunals. It has original jurisdiction to hear Writ Applications under article 102 of the Constitution, which is known as extra ordinary constitutional jurisdiction. It has further original jurisdiction, inter alia, in respect of company and admiralty matters under statutes. The High Court Division, in special circumstances, has also powers and jurisdiction to hear and dispose of cases as the court of first instance under article 101 of the Constitution. The High Court Division shall have Superintendence and control over all Courts and tribunals subordinate to it.

The Subordinate Courts and Tribunals

There are a wide variety of subordinate courts and tribunals. Such courts and tribunals are created by some relevant statutes. All their powers, functions and jurisdictions are well 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, Nari-o-Shishu Nirjato Daman Tribunals, Special Tribunals etc. Such courts and tribunals spread all over the country at district levels. The subordinate courts in Bangladesh can be divided in two broad classes, namely, civil courts and criminal courts.

Civil Courts

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:
  • Court of Assistant Judge,
  • Court of Senior Assistant Judge,
  • Court of Joint District Judge,
  • Court of Additional District Judge and
  • 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. now the civil suits are rapidly disclose in the court:

Criminal Courts

  • Courts of Sessions
  • Courts of Metropolitan Sessions
  • Special courts/tribunals (Criminal)
  • Courts of Metropolitan Magistrate
  • Courts of Magistrate

Legal profession

The academic systems of the country allow two separate systems of qualifying legal degrees in Bangladesh which are college-oriented two year LL.B. degrees and the University-based four-year LL.B. (Hons.) degrees which require more extensive academic commitment and the places at the universities remain competitive. Recently there has been a rise in the trend of obtaining foreign academic LL.B. degrees (especially from the UK).

External links

  • http://bdlaws.com
  • http://www.clcbd.org/index.php
  • http://www.minlaw.gov.bd/supremecourt.htm
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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