শুক্রবার, ৩০ ডিসেম্বর, ২০১১

Judicial Administration Training Institute (JATI)


Judicial Administration Training Institute (JATI)




About JATI:


Methodical training is a human resource development activity and judicial education and training is a discipline to enhance capacity of the Judges, Law officers of the Government, Advocates and court support staffs for achieving better access to justice for the citizens.

To relieve the litigants from confronting factors like inordinate delay, exorbitant cost and uncertainty in the disposal of court proceedings and thus to facilitate easy access to justice, necessity for institutional training of judges has long been felt. This feeling has accelerated with the passage of time for strengthening democracy and establishment of rule of law. Again in order to keep pace with socio-economic development both in national and international spheres, the judiciary needs to be dynamic, sound and capable to meet the requirement of time. For achieving these objectives, imparting training to the judges and other connected with the administration of justice is considered necessary.

         Against this backdrop Parliament enacted the Judicial Administration Training Institute Act, 1995 with a view to set-up a training institute, namely, the Judicial Administration Training Institute (JATI) as a statutory public authority as the focal point for training of members of judicial service and certain other professionals connected with the judicial system. In pursuance of section 11 of the said Act, a person who is or has been or is qualified to be a judge of the Supreme Court shall be the Director General who shall be the full time Chief Executive Officer of the Institute and responsible for the implementation of the decisions of the Management Board constituted under that Act and he shall discharge other functions of the Institute as per instruction of the aforesaid Management Board headed by the Chief Justice of Bangladesh.



Activities:



The activities of the Institute are as follows:

Ø     Imparting training to the persons appointed in the judicial service, Law Officers entrusted with conducting of government cases, Advocates enlisted with the Bangladesh Bar Council and officers and staff of all courts and Tribunals subordinate to the High Court Division of the Supreme Court;
Ø     Arranging and imparting training in legislative drafting and drafting of other legal documents;
Ø     Imparting training in legislative drafting and drafting of other legal documents to trainees from abroad in cooperation with international donor agencies;
Ø     Conducting research and investigation in respect of court management and publish the same;
Ø     Arranging and conducting national and international conferences, workshops and symposia for improvement of the judicial system and quantity of judicial work;
Ø     Publishing periodicals, reports etc. on the judicial system and court management;
Ø     Advising the Government on any matter relating to the judicial system and court management;
Ø     Determining the subjects of study and curriculum and all other matters relating to training programmes under this Act;
Ø     Awarding certificates to those trained in the Institute;
Ø     Establishing and managing the libraries and reading rooms;
Ø     Any work, determined by rules, to activate the judicial administration system;
Ø     Any actions necessary for fulfilling the above functions.

Mailing Address:
Judicial Administration Training Institute
15, College Road, Dhaka
Phone : 880-2-7269789
Fax : 880-2-7169012
E-mail : jati@bdonline.com

Solicitor's of Bangladesh


Solicitor's of Bangladesh
       
Litigation management of all suits and cases in which the government/public or private parties are involved, is one of the major functions of the Ministry. For that matter, there is a Solicitor's Office under the Law and Justice Wing. Solicitor's Office takes care of and monitors litigations by or against of the government in different courts of the country including the Supreme Court. This Office is also responsible for appointment and discipline of all Government Pleaders and Public Prosecutors. Appointment of the Attorney General and other Attorneys in the Supreme Court are also processed by this Office. Payment of salaries and fees of the government law officers and disbursement of all other expenses connected with litigation management are made by the Solicitor's Office.

Solicitor's Office has five branches, namely:
1.     Writ Branch;
2.     Civil Branch;
3.     Criminal Branch;
4.     Administrative and Administrative Appellate Tribunal Branch;
5.     Government Pleaders and Public Prosecutors Branch (GP/PP);

Main functions of the above mentioned Branches:

Writ Branch

Take steps for contesting the cases pending both in High Court & Appellate Division and also keep correspondence with all the Govt. offices on behalf of the Government.






Civil Branch

Take steps for filing Appeal/Revision in the High Court Division and giving legal opinion for filling appeal in the Appellate Division and doing all the works onbehalf of the Government.


Criminal Branch


Take steps for filing Appeal/Revision in the High Court Division and giving legal opinion for filing appeal in the Appellate Division and doing all the works on behalf of the Government.


Administrative and Administrative Appellate Tribunal Branch


Taking necessary steps to contest the cases in respect of service matters and also giving legal opinion to file appeal, leave to appeal and review on behalf of the Government.


Government Pleaders and Public Prosecutors (GP/PP) Branch

Government Pleaders:
       Government Pleaders are appointed by the government i.e. Ministry of Law and L.G.P's in each district for a term determined by the government. There are also Additional GP and Asst. GP's to assist the Government Pleaders. Their main function is to look after the civil cases for and against the government.
       Public Prosecutors 

       Public Prosecutors are appointed by the government i.e. Ministry of Law in each district and Metropolitan Sessions Court and for a term determined by the government. There are also Addl. PP's and Asst. PP's to assist the Public Prosecutors. Their main function is to look after the criminal cases for and against the government.

For more information about the office of the Solicitor's Office
Contact
Solicitor
Attorney General & Solicitor Building
Bangladesh Supreme Court, Dhaka.
Phone: 88+02+7168471.

© Ministry of Law, Justice and Parliamentary Affairs, Bangladesh

Attorney-General of Bangladesh


Attorney-General of Bangladesh
Attorney-General for Bangladesh is appointed by the President under article 64(1) of the Constitution, who is qualified to be appointed as a judge of the Supreme Court. Additional Attorney-Generals, Deputy Attorney-Generals and Assistant Attorney-Generals are appointed by the President under Law Officers Order, 1973 (P.O. No. 6 of 1973). Their services are being regulated by Attorney-General (Terms and Conditions of Service) Rules, 1973 and Law Officers (Terms and Conditions of Service) Rules, 1973 respectively.

Function and Duties:

Ø      The Attorney-General shall perform such duties as may be assigned to him by the President.
Ø      In the performance of his duties, the Attorney-General shall have the right of audience in all courts of Bangladesh. ?
Ø      The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.
Ø      Attorney General is the ex-officio chairman of the Bangladesh Bar Council and accordingly he performs the duties assigned to that post.
Ø      The Attorney General is empowered to participate in any reference to Supreme Court made by the President under article 106 of the Constitution and can express his own opinion.

Present framework and manpower:
The office of the Attorney General deals with legal matters and is entrusted with the responsibility of giving legal advice to the Government and to plead Government cases before the Court. The nature of the work is highly professional. They are not permanent incumbent of the government. Their appointment is made on ad-hoc basis. At present, there are three Additional Attorney-Generals, Deputy Attorney-Generals and Assistant Attorney-Generals.
Contact
Attorney General
Office of the Attorney General
Bangladesh Supreme Court.
Dhaka, Bangladesh.

© Ministry of Law, Justice and Parliamentary Affairs, Bangladesh

Law Commission of Bangladesh


Law Commission of Bangladesh

Law Commission is established by the Law Commission Act, 1996. As per section 5 of the Law Commission Act, 1996, the Commission consists of a chairman and two Members. Under the law, the Government is empowered to increase the number of its Members. The Chairman and Members of the commission hold their respective offices for a term of three years from the date of their appointment. The chairman or a member may be reappointed by the Government for the prescribed term after the expiry of the said term. The commission is supported by a Secretary and three Senior Research Officers, one Assistant Secretary and two translation officers.
Functions of the Commission: - The primary functions of the Commission are as follows:
(a)    To identify the causes of delay of civil and criminal cases in various courts and with a view to accelerate their disposal and ensure justice as quickly as possible:



Ø     to recommend amendment of laws concerned or enactment of new laws in appropriate cases after examination;
Ø     to recommend necessary reforms in order to modernize the judicial system;
Ø     to recommend training and other measures for the improvement of the efficiency of the persons involved with the judicial system such as judicial officers, staff, law officers and lawyers;
Ø     to recommend necessary measures for improvement of the entire judicial system and specially to prevent the abuse of the application of the laws concerned;
Ø     to recommend modernization of different aspects of court management, such as, distribution of works among judges, supply of copies, transmission and preservation of records, service of notices and other relevant matters;
Ø     to recommend, an acceptable measure regarding the feasibility of introducing a more efficient and accountable system in place of the present system for conducting the various government cases properly and establishing a separate investigating agency for the investigation of the criminal cases;


(b)    Keeping in mind the attraction of domestic and foreign investigation and necessity of free market economy-

Ø     to recommend amendment of relevant laws including company law or legislation of new law in appropriate cases in order to create competitive atmosphere in the field of trade and industry and to avoid monopoly;
Ø     to recommend, after examination, measures with regard to relevant laws especially copyright, trademarks, patents, arbitration, contract, registration and similar other matters;
Ø     to recommend necessary measures for the establishment of separate courts for disposal of cases arising out of commercial and bank loan matters;


(c)   To recommend necessary and timely amendments and reforms of the existing electoral laws administered by the Bangladesh Election Commission;

(d)   To recommend, after examination, necessary reforms of the existing laws and enactment of new laws in appropriate cases, in order to safeguard the rights of women and children and prevent repression of women;

(e)   To recommend reforms of existing laws, enactment of new laws in appropriate cases and taking of other acceptable measures for the proper implementation of legal-aid programs;

(f)   To identify the various laws which conflict with each other on the same subject and in probable cases, to recommend codification and unification of various laws on the same subject;

(g)   To recommend repeal of existing laws which are inconsistent with the fundamental rights and in appropriate cases making amendments with regard thereto;

(h)   To recommend, after identification repeal of obsolete and unnecessary laws and in case of necessity, legislation of laws on any subject;

(i)   To recommend acceptable measure for the upgrading of legal education, and

(j)   To recommend with regard to other legal matters referred by the government form time to time.


   [{
For more information about the office of the Law Commission of Bangladesh please visit www.lawcommissionbangladesh.org {© Ministry of Law, Justice and Parliamentary Affairs, Bangladesh}]

The Subordinate Courts and Tribunals of Bangladesh


The Subordinate Courts and Tribunals of Bangladesh



There are a wide variety of subordinate courts and tribunals. Such courts and tribunals are the creatures of statutes. Their powers, functions and jurisdictions are also determined by the respective statutes. These are the basic courts in the system of the judiciary of Bangladesh. The major bulk of the cases, both civil and criminal, are tried and heard in such courts and tribunals. Certain tribunals are termed as administrative tribunals. Such courts and tribunals spread all over the country at the district levels. The subordinate courts in Bangladesh can be divided in two broad classes, namely, civil courts and criminal courts.

                                               
v    Civil Courts




Civil Courts


The civil court system is more popularly known as the subordinate judiciary. The civil courts are created under the Civil Courts Act of 1887. The Act provides for five tiers of civil courts in a district, which bottom-up are i) court of assistant judge, ii) court of senior assistant judge, iii) court of joint district judge, iv) court of additional district judge and v) court of district judge. The first three are courts of first instances with powers, functions and jurisdictions in respect of subject matter, territory and pecuniary value determined by or under statutes. The rest two are generally courts of appeal in civil matters.





Criminal Courts



1.     Courts of Sessions





    In the structure of Courts of Session, there are three tiers of judges, namely, Sessions Judge, Additional Sessions Judge and Joint Sessions Judge. Judges of Sessions Courts try grave criminal offences. Sessions Judge and Additional Sessions Judge hold same powers, while Joint Sessions Judge enjoy lesser powers. A Sessions Judge and an Additional Sessions Judge may impose any penalty including the death penalty. No separate cadre of judges for criminal courts or courts of session is there. Generally career civil judges are appointed to act as judges in session courts in addition to their basic functions as civil judges.



Courts of Metropolitan Session Judges


The Courts of Sessions in the metropolitan areas of Dhaka and Chittagong have been separately organized as the Courts of Metropolitan Sessions Judges. Such courts are exclusively criminal courts to deal with only sessions cases. Judges appointed to such courts do not hear or try any civil matter, unlike judges of session courts in districts. These are a kind of relatively fast track criminal courts.



Special courts/tribunals



    Apart from the aforesaid mainstream civil and criminal courts within the structure of the subordinate judiciary, there are a good number of special courts and tribunals, both civil and criminal, to deal with specific matters or offences. For example, in the civil area there are Labour Courts to deal with disputes under different labour related laws, Family Courts to deal with matrimonial matters, Money Loan Courts, Bankruptcy Courts, Income Tax Tribunals, Administrative Tribunals, Election Tribunals, etc. to deal with relevant matters. Similarly in the criminal area, there are Special Tribunals, Public Safety Tribunals, Courts Against Repression of Women and Children, etc. to deal with certain specified offences. All such courts and tribunals are also under the general superintendence and control of the Supreme Court.




Courts of Metropolitan Magistrate



The Courts of Magistrates in the metropolitan areas are organized separately as Courts of Metropolitan Magistrates. Each Metropolitan Magistracy has one Chief Metropolitan Magistrate as head of the Institution. All magistrates in a Metropolitan Magistracy are First Class Magistrates, unlike magistrates in a District Magistracy. They are exclusively criminal courts.




Courts of Magistrate

In the general structure of criminal courts, there are two basic tiers, namely, Courts of Magistrates and Courts of Session. This is so provided by the Code of Criminal Procedure, 1898. There are three classes of Magistrates, namely, Magistrates of the first class, Magistrates of the second class and Magistrates of the third class. Such classification of Magistrates is made on the basis of powers and functions assigned to each class.





© Ministry of Law, Justice and Parliamentary Affairs, Bangladesh

Functions of Sub-Registrar of Bangladesh


Functions of Sub-Registrar of Bangladesh


It is the primary duty of the Registering officer to register a document when it is presented before him in the office, or at a residence u/s. 31 & 38 of Registration Act (XVI of 1908). If the document presented before him for non-compliance of Section 17-21 of the Registration Act (XVI of 1908) he may refuse the document U/S 25. When a document is presented, his duty is to assess Stamp duty, Registration fees, Gain tax, District Council tax, Union parishad tax, Cantonment Board tax etc. His duty is also to -take oath, affirm the affidavit u/s 4 vide President order no. 142 of 1972 and take evidence in the ejlash as designed as Civil & Criminal Court. Their function is also a Quasi-Judicial function. They also function like a criminal court u/s 190 of Cr.P.C. They also are protected u/s 78 of the Bangladesh Penal Code like judicial officers.

Functions of the Directorate of Registration Bangladesh


Functions of the Directorate of Registration Bangladesh



The functions of the Directorate are to control and supervise the work of the District Registrar and Sub-Registrars all over Bangladesh. The appointment, transfer and promotion relating to Sub-Registrar lying with this Directorate with prior approval of this Ministry. The directorate is also entrusted with the supervisory functions of administration over the field officer. The Directorate is responsible for implementing the rules and regulations regarding registration of documents through 61 District Registrar & 476 Sub-Registry Offices situated all over the country except 3 Hill Tract Districts. The whole process is based on the existing Registration Act, Rules and the Registration manual.


The objects for which the law of registration was promulgated are set forth below:-


Ø     To provide conclusive guarantee of the genuineness of documents;
Ø     To afford publicity to transactions of property;
Ø     To prevent frauds;
Ø     To afford facility of ascertaining whether a property has already been dealt with; and
Ø     To afford security of title-deeds and facility of providing titles in case the original deeds are lost or destroyed.

Directorate of Registration of Bangladesh


Directorate of Registration of Bangladesh

The system of Registration had almost been unknown to the people of Indo Bangladesh Sub-continent before the advent of British Regime. The people then used to grab Land of others by force creating and fabricated document and produced them, claiming immunity from payment of Land Revenue and consideration money. As, such it was very difficult to settle the disputes originated from those anomalies.
       
The Law of Registration was, therefore, introduced, with a view to preventing fraud and streamlining the collection of revenue as well as protecting the right, title and interest of the common people. The registration of documents was made optioned though it was provided that certain documents, if registered would take effect over unregistered document. The Department of Registration is an old public oriented institution, Although it is earning huge revenue in domestic resouce under deferent heads. It is contributing a lion amount of revenue in the internal source.
       
On 1st January 1793 by regulation No. 36 of 1793 an office of the registration of deeds was established at the Sadar station of the district.  Act XXX of 1838 provided for the establishment of Sub-Registrar's offices at all Sub-districts in addition and the appointment of offices to superintend such offices, were appointed as District Registrar. Act VIII of 1871 abolished the offices of the Registrar-General and introduced the offices of the Inspector general and Assistant Inspector General as well as Act' VIII of Act also Provided for the appointment of Inspectors of registration offices.

About Court Fees of Bangladesh


About Court Fees of Bangladesh


Under the Court-Fees Act, 1870(Act VII of 1870) fees are payable in all Courts and Tribunals and Public Offices according to the schedule 1 and schedule 2 which are mention below :-

Note: This is not a comprehensive list of all fees payable in Bangladesh Courts and Tribunals.









Number


1. Plaint, written statement pleading a set-off or counter-claim or memorandum of appeal (not otherwise provided for in this Act) or of cross- objection presented to any Civil Or Revenue Court except those mentioned in section 3.
























































2.  Plaint in a suit for possession under the Specific Relief Act, 1877, section 9


























































3.  Application for review of judgment, if presented on or after the ninetieth day from the date of the decree



4.  An application presented to any Civil Court for setting aside of a sale in execution of a decree under the provisions of the Code of Civil Procedure, 1908, or The State Acquisition and Tenancy Act, 1950 or an application presented to a Certificate Officer for letting aside a sale in execution of a certificate under the provision of the Public Demands Recovery Act, .1913.



5.  Application-for review of judgement, if presented before the ninetieth day from the date of decree.




6. Copy or translation of a judgement or order not being, or having the force of, a decree




















7.  Copy of a decree or order having the force of a decree

























8.  Copy of any document liable to stamp-duty under the Stamp Act, 1899, when left by any party to a suit or proceeding in place of the original withdrawn












9.  Copy of any revenue judicial proceeding or order not otherwise provided for by this Act, or copy of any account statement, report or the like taken out of any Civil or Criminal or Revenue Court or office, or from the office of any Chief Officer charged with the executive administration of a Division.




10.  Probate of a will or letters of administration with or without will annexed






































































11.  Certificate under the















































12.  Application to the High Court Division for the exercise of its revisional jurisdiction under section 115 of the Code of Civil Procedure, 1908


Schedule I


When the amount or value of the subject-matter in dispute does not exceed seventy-five Taka, for every five Taka or' part thereof. of such amount or value,

And

When such amount or value exceeds seventy-five Taka, for every five Taka or part thereof, in excess of seventy- five Taka, up to one hundred Taka,

And

When such amount or value exceeds one hundred Taka, for every ten Taka, or part thereof, in excess of one hundred Taka. up to one hundred and fifty Taka,

And

When such amount or value exceeds one hundred and fifty Taka, for every ten Taka, or part thereof, up to one thousand Taka,

And

When such amount or value exceeds one thousand Taka, for every one hundred Taka, or part thereof. in excess of one thousand Taka, up to seven thousand five hundred Taka,

And

When such amount or value exceeds seven thousand five hundred Taka, for every two hundred fifty Taka, or part thereof, in excess of seven thousand five hundred Taka, up to ten thousand Taka,

And

When such amount or value exceeds ten thousand Taka, for every five hundred Taka, or part thereof, in excess of ten thousand Taka, up to twenty thousand Taka,

And

When such amount or value exceeds twenty thousand Taka, for every one thousand Taka, or part thereof, in excess of twenty thousand Taka, up to fifty thousand Taka,

And

When such amount or value exceeds fifty thousand Taka, for every five thousand Taka, or part thereof, in excess of fifty thousand Taka:

Provided that the maximum fee leviable on a plaint or memorandum of appeal shall be forty thousand Taka:






When the amount or value of the subject-matter in dispute does not exceed seventy-five Taka, for every five Taka, or part thereof, of such amount or value,

And

When such amount or value exceeds seventy-five Taka, for every five Taka, or part thereof, in excess of seventy- five Taka, up to one hundred Taka,

And

When such amount or value exceeds one hundred Taka, for every ten Taka, or part thereof, in excess of one hundred Taka, up to one hundred and fifty Taka,

And

When such amount or value exceeds one hundred and fifty Taka, for every ten Taka, or part thereof, up to one thousand Taka,

And

When such amount or value exceeds one thousand Taka, for everyone hundred Taka, or part thereof, in excess of one thousand Taka, up to seven thousand five hundred Taka,

And

When such amount or value exceeds seven thousand five hundred Taka, for every two hundred and fifty Taka, or part thereof, in excess of seven thousand five hundred Taka, up to ten thousand Taka,

And

When such amount [or] value exceeds ten thousand Taka, for every five hundred Taka, or part thereof, in excess of ten thousand Taka, up to twenty thousand Taka,

And

When such amount or value exceeds twenty thousand Taka, for every one thousand Taka, or part thereof, in excess of twenty thousand Taka, up to fifty thousand Taka,

And

When such amount or value exceeds fifty thousand Taka, for every five thousand Taka, or part thereof, in excess of fifty thousand Taka :

Provided that the maximum fee leviable on a plaint shall be seven thousand five hundred Taka.










For every five hundred Taka, or part thereof, on the value of the property sold.





















When such judgement or order is passed by any Civil Court other than the High Court Division, or by the presiding officer of any Revenue Court or Office, or by any other Judicial or Executive Authority-



(a) If the amount or value of the subject-matter is fifty or less than fifty Taka,



(b) If such amount or value exceeds fifty Taka,



When such judgement or order is passed by the High Court Division.





When such decree or order is made by any Civil Court other than the High Court Division, or by any Revenue Court-




(a) If the amount or value of the subject-matter of the suit wherein such decree or order is made is fifty or less than fifty Taka,




(b) If such amount or value exceeds fifty Taka,




When such decree or order is made by the High Court Division,






(a) When the stamp-duty chargeable on the original does not exceed fifty poisha








(b) In any other case,






For every. three hundred and sixty words or fraction of three hundred and sixty words,












When the amount or value of the property in respect of which the grant of probate or letters is made exceeds five thousand Taka, on such amount or value up to fifty thousand Taka,



And




When such amount or value exceeds fifty thousand Taka, on the portion of such amount or va1ue which is in excess of fifty thousand Taka, up to one lakh Taka,





            And



When such amount or value exceeds one lakh Taka, on the portion of such amount or value which is in excess of one lakh Taka, up to two lath and fifty thousand Taka,


And


When such amount or value exceeds two lakh and fifty thousand Taka, on the portion of such amount or value which is in excess of two lath and fifty thousand Taka, up to three lakh Taka

And


When such amount or va1ue exceeds three lakh Taka, on the portion of such amount or value which is in excess of three lakh Taka, up to four lakh Taka,



And

When such amount or value exceeds four lakh Taka, on the portion of such amount or value which is in excess of four lakh Taka, up to five lakh Taka,

And


When such amount or value exceeds five lakh Taka, on the portion of such amount or value which is in excess of five lath Taka:



Provided that when, after the grant of a certificate under the Succession Act, 1925, in respect of any property included in an estate, a grant of probate or letters of an administration is made in respect of the same estate, the fee payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect, of ,the former grant.




When the amount pr value of any debts or securities specified in the certificate under section 374 of the Act exceeds taka twenty thousand but does not exceed taka one lakh


When the amount or value of any debts or securities specified in the certificate under section 374. of the Act exceeds taka one lakh


When the aggregate amount or value of any debts or securities specified in the certificate and of any debts or securities to which the certificate has been extended under section 376 of the Act exceeds taka twenty thousand but does not exceed taka one lakh


When the aggregate amount or value of any debts or securities specified in the certificate and of any debts or securities to which the certificate has been extended under section 376 of the Act excess taka one lakh

Notes:


(1) The amount of debt is the amount including interest on the pay on which the inclusion of the debt in the certificate is applied for, so far as such amount can be ascertained.




(2) Whether or not any power with respect to a security specified in a certificate has been conferred under the Act, and where such power has been conferred, whether the power is for the receiving of interest or dividends on, or the negotiation or transfer, of the security, or for both purposes, the value of a security is its market value on the day on which the inclusion of the security in the certificate is applied for, so far as such value can be ascertained.





Where the application is for revision of an order and the amount or value of the subject-matter is less than two thousand Taka,





Where the application is for the revision of an order and the amount or value of the subject-matter two thousand Taka or more,


Where the application is for the revision of an appellate decree,

Proper Fees (Taka)

Taka 0.55





Taka 0.75





Taka 2.45


                 


Taka 1.70






Taka 11.25





Taka 22.50






Taka 33.75






Taka 45.00






Taka 56.26











Taka 0.30





Taka 0.40





Taka 1.25





Taka 0.85





Taka 5.65





Taka 11.25







Taka 16.90






Taka 22.50






Taka 28.15








The fee leviable on the plaint or memorandum of appeal.


Taka 1.00















A fee in the same scale as
prescribed in Article 2 above









Taka 1.00




Taka 1.50



Taka 3.00













Taka 1.00






Taka 2.00




Taka 8.00







The amount of duty chargeable on the original





Taka 1.00






Taka 1.00













Three per centum.










Five per centum.










Six per centum.







Six and a half per centum.






Seven and a half per centum.





Eight per centum.





Eight and a half centum.















One per centum.




Two per centum.



One per centum of such aggregate.



Two per centum of such aggregate.


























Taka 20.00







Taka 40.00




The fee leivable on a memorandum of appeal.












TABLE OF RATES OF AD VALOREM FEES LEVIABLE ON THE INSTITUTION OF SUITS


Number

Proper fees
1.
Where the amount or value of the subject-matter does not exceed Taka 10,000

10% of the amount.
2.
Where the amount or value of the subject-matter exceeds Taka 10,000 but does not exceed Taka 20,000

Taka 1000 plus 8% of the amount exceeding Taka 10,000.
3.
Where the amount or value of the subject-matter exceeds Taka 20,000 but does not exceed Tab 50,000

Taka 1,800 plus 6% of the amount exceeding Taka 20,000.
4.
Where the amount or va1ue of the subject-matter exceeds Taka 50,000 but does not exceed Taka 1,00,000

Taka 3,600 plus 3% of the amount exceeding Taka 50,000.
5.
Where the amount or the value of the subject-matter exceeds Taka 1,00,000 but does not exceed Taka 2,00,000

Taka 5,100 plus 2% of the amount exceeding Taka 1,00,000.
6.
Where the amount or the value of the subject-matter exceeds Taka 2,00,000

Taka 7,100 plus 1% of the amount exceeding Taka 2,00,000 but the total fees shall not execed Taka 40,000.

























SCHEDULE II
1.  Application or petition































































































2.  Application to any Civil Court that records may be called for from another Court.








3.  Application for leave to sue as a pauper



4.  Application for leave to appeal as a pauper.



5.  Plaint or memorandum of appeal in a suit to establish or disprove, a right of occupancy.



6.  Bail, bond or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section of the Code of Criminal Procedure, 1898, or the Code of Civil Procedure, 1908, and not otherwise provided for by this Act.



7.  Undertaking under section 49 of the Divorce Act.



8.  Wakalatnama























9.  Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree and is presented.







10.  Caveat


11.  Petition in a suit under the Native Converts Marriage Dissolution Act, 1866.



12.  Plaint er memorandum of appeal in each of the following suits-


(i) to alter or set a side a summary decision or order of any of the Civil Courts or of any Revenue Court.

(ii) to alter or cancel any entry in a register or the names of proprietors of revenue paying estates.


(iii) to obtain a declaratory decree where no consequential relief is prayed.


(iv) to set aside an award


(v) to set aside and adoption


(vi) for partition and separate possession of a share of joint family property or of joint property, or to enforce a right to a share in a any property on the ground that it is joint family property or joint property if the plaintiff is in possession of the property of which he claims to be a co-partner or co-owner.



(vii) to obtain a decree for dissolution of marriage or restitution of conjugal rights.



(viii) every other suit
where it is not possible to estimate at a money value the subject-matter in dispute and which is not otherwise provided for by this Act. ix)



14.  Agreement in writing stating a question for the opinion of the Court under the Code of Civil procedure, 1908.



15.  Every petition under the Divorce Act, except petitions under section 44 of the same Act, and every memorandum of appeal under section 55 of the same Act.


16.  Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1865.
(a) When presented to any officer of the Customs or Excise Department or to any Magistrate by any person having or to dealings with the Government and when the subject-matter of such application relates exclusively to those dealings,

Or,

When presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with Government, and when the subject-matter of the application or petition relates exclusively to such engagement.

Or,

When presented to any Pourashava or Zilla Parishad under any law for the time being in forte for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement when presented to any Civil Court other than a Principal Civil Court of original jurisdiction or to any Court of Small Causes constituted under the Small Cause Courts ,Act, 1887 or under the Civil Courts Act, Section 25 or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subject-matter is less then fifty taka,

Or,

When presented to any Civil, Criminal or Revenue Court or to any Board or executive officer for the purpose of obtaining a copy or translation of any judgement, decree or order passed by such Court, Board or Officer or of any other document on record in such Court, Board or office.


(b) When containing a complaint or charge of any offence other than an offence for which police officer may, under the Code of Criminal Procedure, 1898, arrest without warrant, and presented to any Criminal Court,


Or,


When presented to a Civil, Criminal or Revenue Court, or to a Collector, or any Revenue Officer having jurisdiction equal or sub-ordinate to Collector,

Or,

to any Magistrate in his executive capacity and not otherwise provided for by this Act, or to deposit in Court revenue or rent, or for determination by a Court of the amount of compensation to be paid by a land lord to his tenant.




(c) When presented to the Chief Revenue or Executive, Authority or to a Commissioner, or to any Chief officer charged with the executive administration of a Division and not otherwise provided for by this Act.



d) (i) when presented to the High Court Division under section 115 of the Code of Civil Procedure, 1908, for revision of an order---


(a) When the value of the suit to which the order relates does not exceed Taka 1000.00,



(b) When the value of the suit exceeds Taka 1000.00,



(c) When presented to the High Court Division otherwise than under that section.




When the Court grants the application and is of opinion that the transmission of such records involves the use if the post.









































When presented for the conduct of anyone case-




(a) to any Civil or Criminal Court other than the High Court Division, or to any Revenue Court, or to any Collector or Magistrate, or other Executive Officer, except such as are mentioned in clauses (b) and (c) of this number,



(b) to a Commissioner, a Collector of Customs and Excise or to any officer charged with the executive administration of a Division not being the Chief Revenue of Executive Authority,


(c) to the High Court Division or Chief Revenue or Executive Authority.



(a) (i) to any Revenue Court or Executive Officer other than the High Court Division or the Chief Revenue or Executive Authority, (ii) to any Civil Court other than the High Court Division,



(b) to the Chief Revenue or Executive authority. (c) to the High Court Division.
Taka 4.00







































Taka 5.00 for complaint cases and Taka 2.00 for all other cases






Taka 5.00






Taka 5.00









Taka 5.00












Taka 100.00




Taka 200.00




Taka 20.00





5,00 Taka in addition to any fee clevied on the appli- cation under clause (a), clause (b) or clause (d) of article- 1 of this schedule



Taka 5.00




Taka 5.00




Taka 10.00





Taka 10.00











Taka 10.00




Taka 10.00












Taka 20.00





Taka 20.00











Taka 20.00




Taka 200.00


Taka 30.00










Taka 200.00




Taka 200.00





Taka 200.00





Taka 200.00

Taka 200.00


Taka 200.00












Taka 60.00





Taka 200.00








Taka 200.00






Taka 60.00







Taka 60.00