Sections 3 & 5—
Law in force at the time of filing the appeal and not law prevalent at the institution of the suit will determine the forum of appeal.
Ali Akbar Khan vs Alimuddin 44 DLR 338.
Sections 3, 10, 18, 20 and 21-
Under section 18 of the Act the jurisdiction of a District Judge or Subordinate Judge extends (subject to the provision of section 15 of the Code) to all original suits cognisable by Civil Courts.
Sonali Bank vs Abidur Rahman 42 DLR 3ll.
Section 5—
When the legality and propriety of the impugned order dated 19-5-1987 is dependent upon the construction and interpretation of section 5, whether the provision of that section is directory or mandatory.
Ebadat Ali vs Ismail Hossain Akhand 41 DLR 490.
Section 13-
Question of maintainability of suit: The Gazette Notification dated 21st October, 1984 assigned special jurisdiction to a Sub-Judge and Commercial Court relating to cases involving non-realisation of loans taken from financial institutions and banks. In the present suit the plaintiff having prayed for certain declarations relating to his property and the Sub-Judge being the court of original jurisdiction to adjudicate upon the issues involved in the suit, it is maintainable before the Sub-Judge as framed.
ANM Toufiq vs Janata Bank, Dilkusha CIA Motijheel Dhaka 42 DLR 439.
Section 18—
Under section 18 of the Act the jurisdiction of a District Judge or Subordinate Judge extends (subject to the provision of section 15 of the Code) to all original suits cognizable by Civil Courts.
Sonali Bank vs Abidur Rahman 42 DLR 311.
Sections 18, 20 and 21-
The Court of the Subordinate Judge is lower in grade in relation to the District Judge though concurrent jurisdiction has been given to both the courts under section 18 of the Act.
Sonali Bank vs Abidur Rahman 42 DLR 3ll.
Section 21-
Appeals to a Dist Judge have been provided from a decree or order of a Subordinate Judge or in some cases from that of a Munsif.
Ruhul Amin vs District Judge 38 DLR (AD) 172.
Section 21(1)-
The appellate jurisdiction of the District Judge having been enhanced to a valuation of Taka 70,000 by the Ordinance No. 2 of 1983 on 16-1-1983, the District Judge is quite competent to pronounce judgment on 2-5-1983 on the present probate proceeding valued at Taka 45,000.
Kalpana Das Gupta vs Bangladesh 40 DLR 373.
Section 21(1)(a)-
Under section 21(l)(a) of the Act from a decree or order of a Subordinate Judge an appeal shall lie to the District Judge when the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed Taka 70,000.
Sonali Bank vs Abidur Rahman 42 DLR 311.
Section 22(1)-
District Judge derives power of transfer or withdrawal of a case under section 24(i)
The District Judge derives such power from section 24(1) CPC. Section 24(1) provides that either on the application of any parties after notice to the parties and on hearing them or of its own motion without such notice the District Court may at any stage transfer any appeal pending before it for disposal to any Court subordinate to it and competent to dispose of the same, or withdraw any appeal pending in any Court subordinate to it, and transfer the same for disposal to any Court subordinate to it competent to dispose of the same; or re-transfer the same for disposal to the Court from which it was withdrawn.
Sub-section (2) of section 24 speaks that for the purpose of section 24 Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District judge. Section 22 of the Civil Courts Act, 1887 also provides that a District Judge may transfer to any Subordinate Judge under his administrative control any appeal pending before him from the decrees or orders of Munsifs.
Muhammad Zulfikar vs Abul Kalam Chowdhury & others 42 DLR 21.
-District Judge as referred to in section 29(4) has ample authority to transfer an appeal pending before him preferred from the decision of Election Commissioner.
Muhammad Zulfikar vs Abul Kalam Chowdhury 42 DLR 21.