Define Civil Courts.
Basically, civil courts mean that such courts which adjudicate the suits of
civil nature. The suits of a civil nature relate to the determination of civil or
private rights, remedies, obligations of a citizen. and enforcement thereof
Examples of Suits of civil nature are as follows:
A suit in respect of property is a suit of civil nature,
Suits relating to religious property are the suits of civil nature,
A suit relating to right to office is a suit of civil nature,
A suit for declaration for any right is a suit for of civil nature;
Suits relating to rights to worship are suits of civil nature;
Suits relating to rights to franchise are suits of civil nature etc.
Civil courts decide the disputed rights between subject and the State or
between an individual and the other.
Discuss the classification of Civil courts.
In Bangladesh, the classification and provisions are given under civil Courts
Act, 1887.
In the original Act, there were four types of courts:
i. The Court of District Judge;
ii. The Court of Additional Judge;
iii. The Court of Subordinate Judge;
iv. The Court of Munsif.
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In 1967, an amendment come and the Court of Assistant Judge replaced the
Court of Munsif. In 2001, another amendment happened, a new court named
“The Court of Senior Assistant Judge” added.
Now, the classification of Civil Courts under section 3 of the Civil Courts
are:
i. The Court of District Judge;
ii. The Court of Additional District Judge;
iii. The Court of Joint District Judge;
iv. The Court of Senior Assistant Judge;
v. The Court of Assistant Judge.
The Court of District Judge:
According to section 2(9) of the Code of Civil Procedure, 1908
“District means the local limits of the jurisdiction of a principal Civil
Court of original jurisdiction and includes the local limits of the
ordinary original civil jurisdiction of HCD.”
This is the topmost court of lower civil judiciary. The District Judge Court
exercises the administrative control over the Civil Courts within its local
jurisdiction. The Govt will determine the local jurisdiction of the Court of
District Judge.
The Court of District Judge usually does, not try original civil suits except a
few. They are:
a. Bankruptcy Cases under Bankruptcy Act, 1997;
b. Cases regarding probate;
c. Cases related to Administration of endowed property etc.
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It can hear appeal from its subordinate Courts. The Court of District Judge
is not barred by pecuniary jurisdiction. It can transfer any pending case
before him to the Court of Additional District Judge or Joint District Judge.
The Court of Additional District Judge:
The second highest lower civil Court is the Court of Additional District
Judge. Basically, it possesses the Same powers as the Court of District Judge.
But it has no power to take any case directly.
Section 8 of the civil Courts Act, 1887 provides that Additional Judges are
appointed by the Government with the Consultation with the High Court
Division to lessen the burden of suits upon the Court of District Judge and
for the speedy disposal of suits.
The very purpose of creation of Additional Judges to ensure the
administrative convenience (Badri Prasad v Suraj Narain AIR 1969).
The Court of Joint District Judge:
There may be one or more Court of Joint District Judge. There local
jurisdiction will be determined by the Court of District Judge, but the place
of sitting shall be determined by the Government
The Court of Joint District Judge possesses both original and appellate
jurisdiction. Basically, a Joint District Judge does not take directly, but if any
District Judge or Additional District Judge transfers, assigns, any appeal,
then he can try any appeal.
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The Court of Joint District Judge may try suits from 4 lakhs to unlimited. It
can also be the Judge of small causes Court. According to section 25 of Civil
Courts Act, 1887, it can try Suits petty suits not exceeding 20,000 taka.
Court of Senior Assistant Judge:
That is treated as the Court of first instance. Basically, it deals with the cases
of original jurisdiction.
It can try suits starts from two lakhs to four lakhs taka. He can also be the
Judge of Small Cause Court: In case of small cause court, his pecuniary limit
is 60001 to 10,000 taka, but Govt may extend 5.000 taka more which is said
under Section 20 of the Civil Courts Act, 1887. Any appeal may lie against
the decision of Senior Assistant Judge to the District Judge.
The Court of Assistant Judge:
This is the bottom court of lower civil judiciary. It is the Court of first instance
and it has no appeal jurisdiction. Pecuniary limit of this Court is Tk. one to
two lakhs.
The Assistant Judge Courts are assigned with the duties of family Courts.
This court can also be small cause court simultaneously. In case of small
Causes Court Judge, his pecuniary limit is Tk. 6000 (Section 20 of the Civil
Courts Act, 1887).
It has the revisional power regarding the decision of Cow Conciliation Court
and village Court.
Write down the Modification Civil Courts Act, 1887.
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In 1887, when the Act was enacted the original name was "Bengal North-
Western Provinces and Assam Civil Courts Act, 1887."
Few years later, the name was changed again and the new name was
“Bengal, Agra and Assam Civil Courts Act, 1887”
In 1950, the name again changed to "East Bengal Civil Courts Act, 1887". In
1961, the act again named as “East Pakistan Civil Courts Act, 1887”. After
the liberation of Bangladesh, the Cat named as "The Civil Courts Act 1887."
In the original Act, there were four types of civil Courts:
i. The Court of District Judge,
ii. The Court of Additional Judge,
iii. The Court of Subordinate Judge,
iv. The Court of Munsif.
In 1987, there came an amendment. The Court of Assistant Judge replaced
The Court of Munsif. In 2001, another amendment happened, a new court
added The Court of senior Assistant Judge, How the Court of subordinate
judge renamed as the Court of Join District Judge and the Court of
Additional Judge renamed as "the Court of Additional District Judge. It is
now prevailing of BD. Now the classification is as follows:
a. The Court of District Judge;
b. The Court of Additional District Judge;
c. The Court of Joint District Judge;
d. The Court senior Assistant Judge;
e. The Court of Assistant Judge.
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What are the objectives of Civil Courts Act, 1887?
The key object of enactment of Civil Courts Act, 1887 is to amend and
consolidate the laws relating to civil Courts of Bangladesh said in the
preamble of this Act. However, the other objectives are -
To provide a complete and separate system of civil courts for
Bangladesh;
To settle down permanent court structure and hierarchy for the lower
civil courts;
To improve the existing system of civil courts in Bangladesh;
To fix the pecuniary jurisdiction of the Civil Courts;
To provide the authority to the judicial officers to perform pure judicial
functions;
To recognize and establish courts in Bangladesh;
To fix ordinary, special and supplimentary provisions for the lower
courts.
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