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Introduction to the Legal

System of Bangladesh
Syed Mahfujul Haque Marjan
Course Instructor
Media and the Law
MSJ 11411

What is Judicial System ?


The judiciary (also known as the judicial

system or court system) is the system of


courts that interprets and applies the
law in the name of the state.
Judicial SystemThe judiciary in

Bangladesh consists of the higher


judiciary (the Supreme Court) and the
subordinate judiciary (the lower courts)

Subordinate
judiciary
Judicial
System
of Bangladesh

Supreme Court

Supreme Court

Supreme Court of Bangladesh

Supreme Court the apex court of


the country
It consists two division-the

Appellate Division and the High


Court Division

Chief Justice of Bangladesh and other

judges in each division constitute the


Supreme Court

Chief justice and other judges are

independent in the exercise of their judicial


functions subject to the provisions of the
Constitution

Justice Surendra Kumar Sinha

The Chief Justice and other judges are

appointed by the President in accordance


with the advice of the Prime Minister.
Judges of the Supreme Court are appointed

from amongst the advocates of the Supreme


Court and judicial officers
Judges appointed in the Appellate Division

sit in that division with the Chief Justice, and


the judges appointed in the High Court
Division sit in that division

High court division has power of

judicial review
High court division may also

withdraw a case from any


subordinate court
In enforcing the fundamental rights,

high court division is empowered to


declare any law inconsistent with
the fundamental right or any other

Both the divisions of the Supreme Court of Bangladesh are courts of

record, and have power subject to the provisions of the Contempt of


Courts Act 2013 to investigate and punish any one for contempt of
court

High court division has superintendence and


control over all subordinate courts and tribunals
established by law

Appellate division hears appeals from the

judgment, decree, order or sentence passed by


the high court division or from any other court
or tribunal
The appellate division has advisory jurisdiction

to give its opinion when sought by the President


on any question of law of public importance
Appellate division has power to issue any

direction, order, decree or writ including


attendance of any person or discovery or
production of any document

Subordinate Judiciary

District judge is the head of the judiciary

in each of the districts


District judge has administrative control

over all the civil courts of the district


Civil Procedure CodeAny person adversely

affected by the action or threat of another as


to his right to property or status is required to
get the dispute decided through the civil court
by presenting a plaint before it and obtaining
a decree, and at times to execute the decree if
his adversary does not comply with it.

In entertaining and deciding a suit or

proceedings the civil court follows the


procedure laid down in the Code of
Civil Procedure 1908
Code of Criminal Procedures, 1861

covers offences punishable with


death, life imprisonment, or
imprisonment for a term exceeding
two years.