CIVIL COURTS ACT (XII OF 1887)

Sections—3,
6, 7, 8, 18, 19, 20 and 21

District
Judge has no revisional jurisdiction over a matter in respect of which he has
no appellate jurisdiction.

A
Court which cannot exercise jurisdiction over a matter in appeal is not
intended to exercise its revisional jurisdiction—It is inconsistent with scheme
of the Code of Civil Procedure and the Civil Courts Act to invest the District
Judge with concurrent revisional jurisdiction in matters where no appeal lies
before the District Judge—The District Judge’s revisional jurisdiction under
section 115(2) is restricted by his appellate jurisdiction as presided under
section 21(1) of the Civil Courts Act.—Code of Civil Procedure (V of 1908) Ss.
6,98 and 115, or. XLIII, R.1

Nurul Islam
and others Vs. Md. Abdur Rvzshid; 1 BLD (HCD) 25.

Section—8

Jurisdiction
of the District Judge to try the suit—The suit was properly filed before the
Curt of the District Judge—There is no lack i jurisdiction on the part of the
Additional 1k$rict Judge to hear the matter after it has been transferred to
his Court.

Md. Younus
Ali and another Vs. Dr. Muslimuddin; 3 BLD (HCD) 161 .

Ref:
11 DLR (Dacca) 414; 25 DLR 225.

Section—21(1)

Jurisdiction
of the Court to hear a mat?er— Whether inherent lack of jurisdiction of the
Court to hear the matter will be cured when the order was passed without any
objection as to jurisdiction—Whether District Judge can hear an appeal valued
above 1k. 70,000/— District Judge has no jurisdiction to entertain appeal
valued above Tk. 70,000/- —Consent of the parties or failure to raise any
objection cannot invest the Court with jurisdiction Order passed by the District
Judge in such appeal is null and void.

Naresh
Chandra Shaha and others Vs. Karizannessa and others; 6BLD (HCD) 361.

Ref:
131.A.l44; 141.A.160; A.I.R. 1918 (Cal) 925; A.I.R. 1954(SC) 340; 36DLR(AD)
179; AIR. I 962(SC) 199; A.I.R. 191 8CaI 435;

Section—22(1)

Transfer
of appeal—Whether a District Judge can transfer an appeal preferied to him from
a decision of the Election Tribunal—The cumulative effect of the elevant
provisions in the Code of Civil Procedure and the Civil Courts Act is that the
District Judge as referred to in the Local Government Ordinance has ample
authority to transfer such an appeal to any Court subordinate to him—The
expression ‘any’ before the expression ‘appeal’ in section 24(1) of the Code
gives the District Judges an unfettered power of transfer of such appeal to any
Court subordinate to him except the Court of Assistant Judge.

Muhammad
Zulfikar Vs. Abul Kalam Chowdhury and others; 1O BLD (HCD) 94.

Ref:
38 DLR (AD) 172; A.I.R. 1956(SC)391.

Sections— 4
and 25

Small Cause
Court—Jurisdiction of—Whether small cause suits can be tried by the presiding officer of
a Court without being specifically empowered by notification to exercise Small
Cause Court jurisdiction—Whether Small Cause Court jurisdiction is
automatically vested in a Court— Government has been empowered to invest
Subordinate Judges and Munsifs with Small Cause Court jurisdiction but that has
to be

donç
expressly by notification mentioning the individual by names—The jurisdiction
cannot be invested by taking the pecuniary jurisdiction as the criterion—It has
to be conferred specifically by notification—Civil Courts (Amendment) Ordinance
(II of 1983) S.4.

Khalilur
Rahman Vs. Md. Saidur Rahman; 6 BLD (AD) 303.

Civil Court
Act

Jurisdiction
of Civil Court—The jurisdiction of the Civil court, whether may be barred
expressly or by necessary implication— Under what circumstances such implied
ouster takes place.

The
jurisdiction of the Civil Court may be expressly barred or it may be barred by
necessary implication—Such implied ouster takes place when a special statute
provides for a special forum for redress of the grievances, if any, and when
the decision of that forum is declared to be final.

Chand Miah
and ohters Vs. Abdur Razzaque Mahmud Chowdhury and others; 11 BLD (AD) 294.

Ref:
44 C.W.N. 709; 6 C.B.NS. 336(356) (1859); L.R. (1919) A.C.368; 42 DLR(AD) 137;
IOBLD(AD)151.

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.