CIVIL COURTS ACT (XII OF 1887)
Sections—3,
6, 7, 8, 18, 19, 20 and 21
District
The judge has no revisional jurisdiction over a matter in respect of which he has
no appellate jurisdiction.
A
A court that cannot exercise jurisdiction over a matter on appeal is not
intended to exercise its revisional jurisdiction—It is inconsistent with the scheme
of the Code of Civil Procedure and the Civil Courts Act to invest the District
Judge with concurrent revisional jurisdiction in matters where no appeal lies
before the District Judge—The District Judge’s revisional jurisdiction under
Section 115(2) is restricted by his appellate jurisdiction as presided under
Section 21(1) of the Civil Courts Act.—Code of Civil Procedure (V of 1908) Ss.
6,98 and 115, or. XLIII, R.1
Nurul Islam
and others Vs. Md. Abdur Rvzshid; 1 BLD (HCD) 25.
Section—8
Jurisdiction
of the District Judge to try the suit—The suit was properly filed before the
Curt of the District Judge—There is no lack i jurisdiction on the part of the
An additional 1k$ric Judge to hear the matter after it has been transferred to
His Court.
Md. Younus
Ali and another Vs. Dr. Muslimuddin; 3 BLD (HCD) 161 .
Ref:
11 DLR (Dacca) 414; 25 DLR 225.
Section—21(1)
Jurisdiction
of the Court to hear a mat?er— Whether the inherent lack of jurisdiction of the
The court to hear the matter will be cured when the order is passed without any
objection as to jurisdiction—Whether a District Judge can hear an appeal valued
above 1k. 70,000/— District Judge has no jurisdiction to entertain an appeal
valued above Tk. 70,000/- Consent of the parties or failure to raise any
objection cannot invest the Court with jurisdiction. Order passed by the District
The judge in such an appeal is null and void.
Naresh
Chandra Shaha and others Vs. Karizannessa and others; 6BLD (HCD) 361.
Ref:
131.A.l44; 141.A.160; A.I.R. 1918 (Cal) 925; A.I.R. 1954(SC) 340; 36DLR(AD)
179; AIR. I 962(SC) 199; A.I.R. 191 8CaI 435;
Section—22(1)
Transfer
of appeal—Whether a District Judge can transfer an appeal preferred to him from
a decision of the Election Tribunal—The cumulative effect of the relevant
provisions in the Code of Civil Procedure and the Civil Courts Act are that the
District Judge, as referred to in the Local Government Ordinance, has ample
Authority to transfer such an appeal to any Court subordinate to him—The
expression ‘any’ before the expression ‘appeal’ in section 24(1) of the Code
gives the District Judges an unfettered power of transfer of such an appeal to any
The court is subordinate to him, except the Court of the Assistant Judge.
Muhammad
Zulfikar Vs. Abul Kalam Chowdhury and others; 1O BLD (HCD) 94.
Ref:
38 DLR (AD) 172; A.I.R. 1956(SC)391.
Sections— 4
and 25
Small Cause
Court—Jurisdiction of—Whether small cause suits can be tried by the presiding officer of
a Court without being specifically empowered by notification to exercise Small
Cause Court jurisdiction—Whether Small Cause Court jurisdiction is
automatically vested in a Court— Government has been empowered to invest
Subordinate Judges and Munsifs with Small Cause Court jurisdiction, but that has
to be
donç
expressly by notification mentioning the individual by name—The jurisdiction
cannot be invested by taking the pecuniary jurisdiction as the criterion—It has
to be conferred specifically by notification—Civil Courts (Amendment) Ordinance
(II of 1983) S.4.
Khalilur
Rahman Vs. Md. Saidur Rahman; 6 BLD (AD) 303.
Civil Court
Act
Jurisdiction
of Civil Court—The jurisdiction of the Civil Court, whether it may be barred
expressly or by necessary implication— Under what circumstances such implied
ouster takes place.
TheThe
jurisdiction of the Civil Court may be expressly barred, or it may be barred by
necessary implication—Suchan implied ouster takes place when a special statute
provides for a special forum for redress of the grievances, if any, and when
The decision of that forum is declared to be final.
Chand Miah
and others Vs. Abdur Razzaque Mahmud Chowdhury and others; 11 BLD (AD) 294.
Ref:
44 C.W.N. 709; 6 C.B.NS. 336(356) (1859); L.R. (1919) A.C.368; 42 DLR(AD) 137;
IOBLD(AD)151.