(LXI of 1976)
Jurisdiction—When trial by Magistrate and hearing of appeal by the Sessions Judge coram non judice—All cases relating to offences’ specified in Part I of the Schedule to the Ordinance shall be exclusively triable by a village Court and no criminal Court shall have jurisdiction to try any such case. Trial of the accused for offences falling under the schedule by the Magistrate and hearing of the appeal as done by the Sessions Judge are absolutely without jurisdiction. If a court has no jurisdiction to try a case, the question of either submitting to the jurisdiction or raising objection to its jurisdiction would not arise. Parties by their mutual consent can neither confer a jurisdiction which does not exist in law nor can take away a jurisdiction which so exists. Jurisdiction is a question of statute and not of consent.
Dr. Joynal Abedin Vs. State 44 DLR 77.