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Jurisdiction of Civil Courts
Code of Civil Procedure, Section 9 provides, "The Courts shall (subject to the provisions here in contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred."
"Explanation: A suits in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies."
What is Jurisdiction?
When a suit is filed in a particular court, it must be determined whether that Court has authority to hear the case. Usually, this authority is granted by statute, constitution, or any other special laws. A court may only adjudicate cases if it has authorization to do so. "The term "Court jurisdiction" refers to the power of a court to oversee a certain case and to issue any rulings or orders associated with the case." In other words jurisdiction means the authority of a court to decide matter litigated before it or decide matters litigated before it or take cognizance of matters presented in a formal way for its decision. This term jurisdiction is derived from latin terms 'juris' means law and 'dicto' means to speak which means I speak by the law. So it is the power to entertain a suit, deal with and decide a suit, petition, an action or other proceeding.
What are civil and criminal jurisdiction?
Civil Jurisdiction deals with disputes of a civil nature and criminal jurisdiction deals with crimes and punishment. Civil Courts are empowered to exercise civil jurisdiction. On the other hand criminal Courts are empowered to entertain the criminal Jurisdiction.
What are the kinds of jurisdiction?
Jurisdiction of a court may be categorized under the following ways:
1. Subjective Jurisdiction
2. Territorial or local jurisdiction
3. Original jurisdiction.
4. Pecuniary jurisdiction.
5. Appellate jurisdiction
Subjective Jurisdiction:
In order to bring a suit before civil court the subject matter of suit must be-
1.Right to Property
2. Right to Office
Territorial or local jurisdiction:
Every court has its own limits, fixed by the government, beyond which it cannot exercise his power beyond that district. But the High Court Division has jurisdiction over the whole of the state. Where the subject matter of the civil suit is an immovable property, then in which jurisdiction of district it as situated, the suit is to be instituted in the District Judge's Courts at the district.
"If the Immovable property is situated between the middle of two or more districts the suit may be institute at any of the district Courts of such districts. If the movable property is situated in such a manner it is impossible to identify which district part it is in the suit may be instituted at any district court of any district nearest it. If the subject matter of the suit is movable property the suit may be instituted in the following any district court of any district-
a. Where the cause of action arise
b. The residence of the defendant
c. The residence of the plaintiff."
Original jurisdiction:
Original jurisdiction is the jurisdiction which is conferred upon a court first instance. By exercising this jurisdiction a court of first instance can decide suit petition or any application made before it.
Pecuniary jurisdiction:
Pecuniary means relating to or connected with money. There are a number of civil courts of different grades having jurisdiction to try suits or hear appeals of different amounts or value. Some of the courts have unlimited pecuniary jurisdiction But some courts have limited pecuniary jurisdiction. "Every suit shall be instituted in the court of the lowest grade competent to try it. [CPC S.15] It is an established rule that every suit of every value firstly has to be instituted in the lowest grade Court of its jurisdiction." No court try any suit beyond the limit of pecuinary jurisdiction. [CPC S.6].
✓ District Judge = No pecuinary jurisdiction
✓ Additional District Judge = No pecuinary jurisdiction
✓ Joint District Judge = Unlimited
✓ Senior Assistant Judge = Not exceeding 25,00,000 Tk.(25 Lac)
✓ Assistant Judge = Not exceeding 15,00,000 Tk.(15 Lac).
Appellate & Revision jurisdiction:
"Appellate jurisdiction is the power or authority conferred upon a superior court to re-hear by way of appeal, revision, etc, of causes which have been tried and decided by courts of original jurisdiction." The Additional District Judge Court, The District Judge Court, The High Court Division and Appellate division have appellate jurisdiction, because they can take appeal from their subordinate Courts. "Revision is a purely discretionary remedy granted by a higher court with a view to correcting miscarriage of justice."
Section 115 of the CPC (as amended in 2003) provided that the Civil Revisional power can be exercised both by the High Court Division and The District Judge.