THE SUPREME COURT OF BANGLADESH (APPELLATE DIVISION) RULES, 1988

THE SUPREME COURT OF BANGLADESH
(APPELLATE DIVISION) RULES, 1988
Supreme Court of Bangladesh .
Dhaka.
The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 is meant II))"
regulating practice and procedure of the Appellate Division of the Supreme Court. Thc
entire Rules of 1973 was updated as well as amended and modified by way ofmscrtioll.
omission and substitution in 1988. With the passage of time, many changes have taken
place in the socio-economic conditions of the country and that has laid the basis for
rationalizing the Table of Court fees as appended to the Second Schedule of the Suprcme
Court (Appellate Division) Rules, 1988.
The enrolment fees for being enrolled as an advocate of the Appellate Division of
the Supreme COUlt has also been rationalized after taking into consideration the costs and
fees charged by an Advocate in relation to hearing of any matter before the Appellate
Division vis-a-vis the amount of enrolment fee.
In respect of Review Petition earlier the party could withdraw the security money
irrespective of the final fate of his petition, but now the above provision has been
amended for forfeiture of the money in case a Review Petition is dismissed.
All the aforesaid decisions for rationalizing different fees of the Appellate Division
have been taken in a meeting dated 18.9.f007 held in the chamber of the Hon'blc Chief
Justice of Bangladesh Mr. Justice Md. Ruhul Amin attended by all the Judges of the
Appellate Division namely, Mr. Justice Mohammad Fazlul Karim, Mr. Justice M. M.
Ruhul Amin, Mr. Justice Md. Tafazzul Islam, Mr. Justice Amirul Kabir Choudhury, Mr.
Justice Md. Joynul Abedin and Mr. Justice Md. Hassan Ameen as well as myself. the
Registrar of the Supreme Court and the Additional Registrar of the Supreme Court Mr.
Farid Ahmed Shibli.
Under the active guidance and instruction of the Hon'ble Chief Justice Md. Ruhul
Amin, the Atiditional Registrar of the Supreme Court, Mr. Farid Ahmed Shibli has
. worked hard to bring about different amendments in the Bangladesh Supreme Court
(Appellate Division) Rules, 1988 and his untiring efforts made it possible to get all those
amendments incorporated in the Rules in such a short span of time.
It is hoped and beli~ved that the amendments which have been brought in the
Supreme COUlt (Appellate Division) Rules, 1988 would not only enhance the revenue of
the Government but in turn that would also attribute a positive impact to the overall
economy of the country.
It is further believed that the amendments brought in would have a far reaching
effect on smooth and effective functioning of the Appellate Division of the Supreme
Court of Bangladesh.
Iktedcl- Ahmcd
Registrar
Supreme Court of Bangladesh
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TIlE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
1989.
Mr. Justice Badrul Haider Chowdhury
Mr. Justice Shahabuddin Ahmed
Mr. Justice M. H. Rahman
Mr. Justice A. T. M. Afzal
Mr. Md. Hamidul Haque, Registrar
Mr. Nurul Islam Bhuiya, Deputy Registrar
Mr. Abdul Karim Mahmood, Assistant Registrar
Mr. Azizul Haque, Research & Reference Officer
Mr. Md. Zahiruddin Khan, Librarian
Mr. Md. Solaiman Khan, P. S. to the Chief Justice
Mr. Md. Quamruzzaman, Superintendent
Mr. Sheikh llias, Superintendent.
THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
(At the time of amendments)
2008
Mr. Justice Mohammad Fazlul Karim
Mr. Justice M. M. Ruhul Amin
Mr. Justice Md. Tafazzul Islam
Mr. Justice Md. Joynul Abedin
Mr. Justice Md. Hassan Ameen
Mr. Justice Md. Abdul Matin
Mr. Ikteder Ahmed, Registrar
Mr. Farid Ahmed Shibli, Additional Registrar
Mr. Md. Mafizul Islam, Deputy Registrar
Mr. Mohammad Siddikur Rahman, Programmer
Mr. Md. Ishaque Miah, Assistant Registrar -I
Mr. James Richard Cruze, Assistant Registrar -2
Mr. F. A. Aminul Hoque, Assistant Registrar-3
Mr. Md. Fazley Elahee Bhuiyan, Research & Reference Officer
Mr. Md. Serajul Islam, Librarian'
Mr. Mohammad Mehdi Hasan, P. S. to Chief Justice
Mr. Md. Abu Taher Bhuiyan, Superintendent-I
Mr. Md. Zahirul Alam Bhuiyan, Superintendent-2
Mr. Md. Istiaque Uddin Ahmad, Superintendent-3
THE
SUPREME COURT OF BANGLADESH
(APPELLATE DIVISION) RULES. 19R8
TABLE 01" CONTENTS
PART - I
Order General Rules Pages
I Interpretation, etc. 1-6 1-2
II Offices of the Court: Sitting & Vacation etc. 1-5 2-3
III Officers of the Court, etc. 1-10 3-4
IV Advocates and Advocates-on-Record J-39 5-9
V Business in Chamber 1-4 10-12
VI Notices of Motion 1-7 12
VII Documents 1-9 13
VIII Affidavits 1-13 14- J5
IX Inspection, Search, etc. 1-5 15
X Judgment, Decrees and Orders I-I I 15-16
XI Constitution of Benches 1-3 16-17
PART-II
APPELLATE JURISDICTION
XII Civil Appeals 1-8 17-18
XIII Petitions for Leave to Appeal in Civil Proceedings J-15 18-20
XIV Preparation of Record, etc. 1-17 20-22
XV Withdrawal of Appeal 1 22
XVI Non-Prosecution of Appeal Change of Parties 1-8 22-24
XVII Appearance by Respondent 1-10 24-25
XVIII Petitions Generally J-12 25-27
XIX Lodging of Concise Statement and Supplemental 1-9 27-28
Proceedings
XX Hearing of Appeals 1-7 29
XXl Miscellaneous 1-3 29-30
XXII Pauper Appeals, Petitions, etc. 1-9 30-31
XXIII Criminal Appeals 1-13 31-32
XXIV Petitions for Leave to Appeal and Appeal arising 1-12 32-34
therefrom in Criminal Proceedings
PART-III
XXV Application for Transfer for Criminal Proceeding 1-4 34-35
under Section 525A of the Code of Criminal
Procedure (V of 1898)
PART-IV
XXVI Review 1-9 35-36
ii
Order General Rules Pages
PART-V
XXVII Proceeding in Relation to the Contempt of Court 1-14 36-38
PART-VI
XXVllI Special References under Article 106 of the 1-5 38
Constitution
PART-VII
XXIX Cost 1-2 39
XXX Taxation 1-53 39-44
PART-VIII
MISCELLANEOUS
XXXI Notice of Proceedings to the Attorney General for 1-4 45
Bangladesh
XXXII Forn1s to be used 1~2 45
XXXllI Services of Documents 1-7 45-46
XXXIV Power to Dispense and Inherent Powers 1-9 46-47
XXXV Commissions 1-8 47-48
XXXVI Destruction of Records 1-10 48-50
FIRST SCHEDULE
Senior and other Advocates 1-7 50
SECOND SCHEDULE
Fees to Advocates 51-52
THIRD SCHEDULE
Table of Court Fees 52
Part-I Cases under Sec. 525A of the Crin:inal 52
Procedure Code (V of 1898)
Part-II Appellate Jurisdiction 52-53
Part-III Miscellaneous 53-55
FOURTH SCHEDULE
Fees to Advocates-on-Record 1-43 56-60
Fees to Officers of Court 1-5 60-61
Bangladesh Gazette, Extra-Ordinary Notification
No.82l!2008 SC(AD) dated 17 April, 2008
Published on 22 April, 2008
[Amendment of "The Supreme Court of Bangladesh
(Appellate Division) Rules"]
PART - I
GENERAL
ORDER I
INTERPRETATION
I. These Rules shall be called "The Supreme Court of Bangladesh (Appellate
Division) Rules, 1988".
2. They shall come into force on such date as the Chief Justice of Bangladesh may,
by notification in the Official Gazette, appoint.
3. The Supreme Court (Appellate Division) Rules, 1973 are hereby revoked:
Provided that this revocation shall not affect any action taken, any order made or
anything done under the said Rules prior to this revocation.
3. (1) In these Rules, unless the context otherwise requires :-
(a) "Advocate" means a person entitled to appear and plead in the Appellate
Division of the Supreme Court of Bangladesh and includes such
Advocates whose names were borne on the roll of the Advocates of the
Court immediately before the commencement of these Rules;
(b) "Advocate-on-Record" means an Advocate, who is entitled, under these
Rules, to act as well as to plead for a party in the Appellate Division of the
Supreme Court of Bangladesh and includes such Advocates whose names
were borne on the roll of Advocate-on-Record of the Court immediately
before the commencement of these Rules;
(c) "Chief Justice" means the ChiefJustice of Bangladesh ;
(d) "Code" means the Code of Civil Procedure, 1908 ;
(e) "Constitution" means the Constitution of the People's Republic of
Bangladesh;
(f) "Court" and "this Court" mean the Appellate Division of the Supreme
C,'urt of Bangladesh ;
(g) "Court Appealed From" includes a tribunal and any other judicial body
fn>lll which an appeal is preferred to the Court;
(h) "Judge" means a Judge of the Appellate Division of the Supreme Court of
Bangladesh;
(i) ",Judgment" includes decree, order, sentence or determination of any
Court, Tribunal, Judge or Judicial Officers;
(j) "High Court Division" means High Court Division of the Supreme Court
of Bangladesh and includes a Bench or session as the case may be of the
High Court Division;
(k) "Official Gazette" means the Bangladesh Gazette;
(I) "Party" and all words descriptive of parties to proceedings before the
Court (as "petitioner, appellant, respondent," and the like) include, in
respect of all acts proper to be done by an Advocate-an-Record, the'
Advocate-an-Record of the party in question, when he is represented by an
Advocate-an-Record;
(m) "Prescribed" means prescribed by or under these Rules;
(n) "Record" in Part-II of these Rules means the aggregate of papers relating
to an appeal (including the pleadings, proceedings, evidence, and
judgment) proper to be laid before the Court at the hearing of the appeal:
(0) "Registrar" and "Registry" mean respectively the Registrar and Registry
of the Appellate Division of the Supreme Court of Bangladesh:
(p) "Respondent" includes an intervener;
(q) "Rules" means the Supreme Court of Bangladesh (Appellate Division)
Rules, 1988 and include the forms appended to these Rules;
(r) "Senior Advocate" means an Advocate enrolled as such by the Court
under these rules and includes all such Advocate whose names were borne
on the roll of the Senior Advocates of the Court immediately before the
commencement of these Rules;
(s) "Signed" save in the case of a judgment and decree, includes stamped;
(t) "Taxing Officer" means the officer of the Court whose duty is to tax costs
of proceedings in the Court.
(2) Unless the context otherwise r:equires, the General Clauses Act, 1897 (X of
1897), shall apply for the interpretation of these Rules as it applies for the interpretation
of an Act of Legislature.
4. Where by these Rules or by any order of the Court any step is required to be
taken in connection with any cause, appeal, or matter before the Court, that step shall.
unless the context otherwise requires, be taken in the Registry.
5. Where any particular number of days is prescribed by these Rules, or is fixed by
an order of the Court, in computing the same, the day from which the said period is to be
reckoned shall be excluded and, if the last day expires on a day when the office of the
Court is closed, that day and any succeeding days on which the office of the Court
remains closed shall also be excluded.
6. Save as otherwise expressly provided by these Rules, the provisions of the Code
shall not apply to any proceedings in the Court.
1. Except during the vacation and on holidays and subject to any order of the Chief
Justice, the offices of the Court shall remain open daily from 8.00 a.m. to 2.00 p.m. on
week days:
Provided that no matter, unless of an urgent nature, shall be received within one
hour of the closing time.
2. The Offices of the Court shall remain open during vacation, except on Fridays
and holidays, at such times as the Chief Justice may direct.
3. The long vacati~n of the Court shall commence on such date as may be fixed in
each year by the Chief Justice notified in the Official Gazette.
4. The Court shall not ordinarily sit on Fridays and Saturdays and on any other days
notified as Court holidays in the Offlcia 1 Gazette.
5. A Judge shall be nominated by the Chief Justice before the commencement of
vacation for the hearing of all matters which may require to be inunedialcly or promptly
dealt with and whenever necessary a Bench of the Court of two or more Judgcs may
likewise, be constituted by the Chief Justice for the disposal of eases during the vacation.
1. The Registrar shall be the executive head of the Office. He shall have the
custody of the records of the Court and shall exercise such other powers and f1.ll1ctionsas
are assigned to him by these Rules.
2. The Registrar shall not be absent from the Court without the leave of the Chief
Justice, nor any other Officer of the Court without the leave of the Registrar.
3. In the absence of the Registrar, '[the Additional Registrar or] the Deputy
Registrar or in the absence of the Deputy Registrar, the Assistant Registrar or any other
officer of the Court may exercise all the functions of the Registrar.
4. The Chief Justice may assign, and the Registrar may, with the approval of the
Chief Justice delegate to 2[the Additional Registrar or the] Deputy Registrar or Assistant
Registrar or any other Officer of the Court, any functions required by these Rules to be
exercised by the Registrar.
5. The official Seal to be used in the Court shall be such as the Chief Justice may
from time to time direct, and shall be kept in the custody of t~e Registrar.
6. Subject to any general or special directions given by the Chief Justice the seal of
the Court shall not be affixed to any writ, rule, summons or other process save under the
authority in writing of the Registrar or 3[the Additional Registrar or] Deputy Registrar.
7. The Seal of the Court shall not be affixed to any certified copy issued by the
Court save under the authority in writing of Registrar 4[or Additional Registrar] or of
Deputy Registrar or Assistant Registrar if authorised in that behalf in writing by the
Registrar.
I The words "the Additional Registrar or" were inserted vide Noti fication No.821/2008 SC(A D)
dated 17.04.2008 w.e.f. 22.04.2008.
2 The word "a" was omitted and the words "th .e. Additional Registrar or the" were insened, ibid.
J The words "the Additional Regist!"llr or" were insetted, ibid.
4 The words "01' Additional Registrar" we"c insetted, iuid
8. The Registrar shall, subject to any general or special directions given by the
Chief Justice allocate the duties of the Registry among the officers of the Court, and
shall, subject to these Rules and to any such directions as aforesaid, supervise and control
the officers and servants of the Court.
9.(1) The Registrar shall keep a list of all cases pending before the Court, and shall.
at the commencement of each term, prepare and publish on the notice board of the Court
a list of all cases ready for hearing in each class separately, to be called the "ready list".
The cases in the "ready list" shall be arranged year wise in each class separately in the
order of their registration, and the list shall be added to from time to time as and when
fresh cases become ready for hearing.
(2) Out of the "ready list" the Registrar shall publish "n the notice board of the
Court at the end of each month a list of cases to be heard during the following month.
Subject to any general or special directions that may be given by the Chief Justice and
subject to the orders of the Court and the other provisions of these Rules, the cases listed
for hearing in the monthly list in each class shall be in the order in which the cases have
been registered. From out of the monthly list, the Registrar shall publish at the end of
each week a list of cases to be heard in the following week, as for as possible, in the order
in which they appear in the monthly list subject to the directions of the Chief Justice and
of the Court, if any, and out of the weekly list shall publish at the end of each day a daily
list of cases to be heard by the Court on the following day.
10. In addition to the other powers conferred by these Rules and any other Rules
the Registrar shall have the following powers and duties subject to any general or special
order of the Chief Justice:-
(a) to require any petition of appeal, petition or other matters presented to the
Court to be amended in accordance with the practice and procedure of the
Court or to be represented after such requisition as the Registrar thinks
proper in relation thereto, has been complied with;
(b) to fix the dates of hearing of appeals, petitions or other matters and issue
notices thereof;
(c) to settle the index in cases where the record is to be prepared under the
supervision of the Registry;
(d) to direct any formal amendment of record;
(e) to make an order for change of Advocate-an-Record with the consent of
the \dvocate-on- Record;
(f) to grant leave to inspect and search the records of the Court and order the
grant of copies of documents to parties to proceedings; and without
interfering or dispensing with any mandatory requirement of these Rules-
(g) to allow from time to time on a written request any period or periods not
exceeding twenty-eight days in aggregate for furnishing infonnation or for
doing any other act necessary to bring the plaint, appeal, petition or other
proceedings in conformity with the rules and practice of the Court.
ORDER IV
ADVOCATES AND ADVOCATES-ON-RECORD
1. Advocates and Senior Advocates shall be entitled to appear and plead before the
Court, on enrollment as provided hereinafter.
2. A Senior Advocate shall have precedence over other Advocates who are not
Senior Advocates and the provisions of the First Schedule to these Rules shall apply with
respect to Senior and other Advocates.
3".A person shall not be qualified for being enrolled as an Advocate unless he-
(a) has been for not less than five years enrolled as an Advocate in the High
Court Division;
(b) has been certified in a duly authenticated from by the Bangladesh Bar
Council that he is an enrolled Advocate of the High Court Division;
(c) has been certified by the Judges of the High Court Division that he is a lit
and proper person to appear and plead as an Advocate before the
Appellate Division:
Provided that the Chief Justice and Judges may grant enrolment of a person not
qualified as aforementioned, if in their opinion, he is qualified by knO\vledge, ability and
experience to be enrolled as an Advocate. This power may, however, be delegated to the
Enrolment Committee.
4. An application for enrolment as an Advocate shall be made in such form as may
be prescribed by the Court from time to time and shall be accompanied by-
(i) a certificate of the Bangladesh Bar Council as mentioned in rule 3(b) ibid;
(ii) a copy of the bio-data of the. applicant giving full particulars of his
qualifications and any previous employment or engagement for gain;
(iii) a list of cases in which he appeared before the High Court Division;
(iv) an affidavit by the applicant that he is eligible and not disqualified to be
enrolled as an Advocate in the Appellate Division of the Supreme Court; and
(v) six recent passport size photographs of the applicant.
5. An application for enrolment shall be considered by an Enrolment Committee
consisting of at least t,vo Judges to be nominated by the Chief Justice and the Committee
may call the apphcant for interview and call for any record.
6. If the Enrolment Committee grants the application, the applicant shall be allow
to sign the Roll of Advocates on payment of fee of5[Taka Five Thousand anI y].
7. A Senior Advocate, an Advocate and an Advocate-on-Record shall be entitled to
appear and plead before the Court on signing his respective Roll.
8, There shall be kept, by the Registrar separately a Roll of Senior Advocates, of
Advocates and of Advocates-on-Record which shall contain such particulars as the Court
may from time to time require.
9. The Registrar shall issue a certificate of enrolment to the Advocates, who shall
mention the enrolment number below their signature on all petitions, appeals,
applications filed in the Court.
IO, The Enrolment Committee may refuse enrolment of a person after affording
him an opportunity of oral hearing if he is considered not fit to be enrolled as an
Advocate,
II. The Chief Justice and the Judges may, on 'application or otherwise select, from
time to time, from among those whose names are on the Roll of the Advocates, persons
who are judged, by their knowledge, ability and experience, to be worthy of being
granted the status of Senior Advocate and on signing the Roll of Senior Advocates shall
assume the said status:
Provided that, the Chief Justice and the Judges may, before selecting an Advocate
as Senior Advocate, consider whether he could show sufficient appearance before the
COUliso as to be entitled to be granted the'status of Senior Advocate.
12. A fee of 6[Taka Ten Thousand only] shall be paid by a Senior Advocate before
he signs the Roll.
13. A practicing Advocate of the Appellate Division shall be qualified to be
registered as an Advocate-on-record, on making an application in this behalf and the
provisions hereinbefore contained relating to enrolment of Advocates shall mutatis
mutandis apply to the registration of Advocate-on-Record,
14. No Advocate other than an Advocate-on-Record shall be entitled to act for a
party in any proceedings in the Court.
15. No Advocate other than an Advocate-on-Record shall appear or plead in any
matter unless he is instructed by an Advocate-on-Record.
17, No person shall be qualified for being enrolled as an Advocate-on-Record
unless, he-
(a) has been for not less than seven years enrolled as an Advocate of the
Courts subordinate to the Appellate Division of the Supreme Court
including at least three years standing as an Advocate of the High Court
Division;
(b) has an office at the seat of the Registry of the Court;
(c) has telephone installation at his office at the seat of the Registry of the
Court;
(d) signs the Roll of Advocate-on-Record maintained for the purpose;
Provided that the Chief Justice and the Judges may grant enrolment of a person not
qualified as aforementioned, if in their opinion, he is qualified by knowledge, ability and
experience to be enrolled as an Advocate-an-Record. This power may, however, be
delegated to the Enrolment Committee.
18. An application for enrolment as an Advocate-on-Record shall be made in such
form as may be prescribed by the Court from time to time and shall be accompanied by-
(i) an authenticated copy of the applicant's first enrolment as an Advocate on the
roll of Bangladesh Bar Council ;
(ii) a certificate from the Bar Association where the applicant first joined to
practice the profession of law mentioning the date of commencement of his
membership of the Bar Association;
(iii) an authenticated photostat copy of his certificate of enrolment as an Advocate
of the High Court Division of the Supreme Court;
(iv) a certificate in a duly authenticated form by the Supreme Court Bar
Association that he is still an Advocate of the High Court Division of the
Supreme Court;
(v) a copy of the bio-data of the applicant giving full particulars of his
qualification and any previous employment for gain;
(vi) a list of cases in which he appeared before the High Court Division;
(vii) an affidavit by the applicant that he is eligible and not disqualified to be
enrolled as an Advocate in the Appellate Division of the Supreme Court; and
(viii) six recent Passport-size photographs of the applicant.
19. An application for enrolment as an Advocate-on-Record shall be considered by
an Enrolment Committee consisting of at least two Judges to be nominated by the Chief
Justice and the Committee may call the applicant for interview and call or ask for any
record.
20.(i) If the Enrolment Committee grants the application, the applicant shall be
allowed to sign the Roll of Advocate-an-Record on payment of fee of
7[Tk.2,OOO.OO].
(ii) The Enrolment Committee may refuse enrolment of a person after affording
him an opportunity of oral hearing if he is considered not fit to be enrolled
as an Advocate-on-Record.
21. Every Advocate-on-Record shall:-
(i) subscribe before the Registrar a declaration in Form 2 or Form 3 of the
Forms in the Sixth Schedule to the Rules, as may be appropriate to his case,
undertaking to observe the Rules, regulations, orders and practice of the
Court, and to pay all fees or charges due and payable in any case, matter or
appeal in the Court;
(ii) subscribe similarly an indemnity bond in Form 4 of the FOffi1s in the said
Schedule.
22. Every Advocate-an-Record shall notify the Registrar of any change of address.
and any notice, writ, summons or other documents delivered or sent through post to the
Advocate-an-Record at the address so notified by him shall be deemed to have been
properly served.
23. Two or more Advocates-an-Record may enter into partnership with one
another, a11danyone of them may act in the name of the partnership, provided that the
firm has an office at the seat of the Registry and is registered with the Registrar. The
undertaking prescribed in rule 21 hereinbefore contained in this Order, shall be
subscribed separately by all the partners on behalf of the firm. Any change in the
composition of the firm shall be intimated to the Registrar. Any firm of Advocatc-on-
Record may. in addition to a principal office at the seat of the Court, also maintain a
Branch Office at any district headquarters or other centre of litigation, provided that such
Branch Office is under the management and control of a member of the firm who has
received training at the principal office of the firm for a period of not less than one year.
24. An Advocate-an-Record who wishes to have his name removed from the Roll
of Advocate-an-Record shall apply by petition verified by Affidavit, entitled "In the
matter of an Advocate-an-Record in this Court", and stating the date of his
enrolment as an Advocate-an-Record, the reasons why he wishes his name to be
removed, that no application or other proceeding in any Court is pending, or is likely to
be instituted against him, and that no fees are owing to the Court for whieh he is
personally liable.
25. Every Advocate-an-Record shall, before acting on behalf of any person or
party, file in the Registry a power of attorney in the prescribed forn1 authorising him to
act.
26. No person having an Advocate-an-Record shall file a power of attorney
authorising another Advocate-an-Record to act for him in the same case save with. the
consent of the former Advocate-an-Record or by leave of the Court, unless the former
Advocate-an-Record is dead, or is unable by reason of infirmity of mind or body to
continue to act.
27. No Advocate-an-Record shall without the leave of the Court withdraw the
conduct of any case by reason only of non-payment by his client of fees, eosts and other
charges.
28. Every Advocate-an-Record in the case shall be personally liable to the Court
for the payment of all fees and charges payable to the Court.
29. No person having an Advocate-an-Record in the case shall be heard in person
save by special leave of the Court.
30. No Advocate-an-Record shall authorise any persons, except another Advocateon-
Record, to do any act in his name in any case. The authorisation shall be in writmg.
31. Where a party changes his Advocate-on-Record, the new Advocate-on-Record
shall give notice of the change to all parties concerned.
32. A Senior Advocate, or an Advocate or an Advocate-on-Record, who wishes to
suspend his practice by reasons of his appointment to any office of profit under the
Government. or his being engaged in another profession or for any other reason. shall
give written intimation thereof to the Registrar.
33. The Attorney-General for Bangladesh shall have precedence over all Advocates
and Senior Advocates in the Court.
34. The Attorney-General for Bangladesh and Additional Attorney-General shall.
by virtue of their offices have the status and precedence of a Senior Advocate of the
Court notwithstanding that their names are not contained in the Roll of Senior Advocates.
The Deputy Attorney-General and Assistant Attorney-General shall, by virtue of their
office, have the status of an Advocate of the Court notwithstanding that their names arc
not contained in the Roll of Advocates of the Court.
35. Subject to the preceding rules of this Order an Advocate appearing before the
Court shall have precedence among the Senior or other Advocates, as the case may be,
according to the date of his enrolment as a Senior or other Advocate, in the Court.
36. The Chief Justice and the Judges may remove from the Roll the name of any
Senior Advocate, Advocate or Advocate-an-Record after affording him an opportunity of
oral hearing if he has, at any time. been adjudged guilty of professional misconduct, or of
an offence involving moral turpitude, or is otherwise considered unfit to remain on the
Roll.
37. Where, on the complaint of any person or otherwise, tbe Court is of the opinion
that a Senior Advocate or an Advocate or an Advocate-on-Record has been guilty of
misconduct or of conduct unbecoming of an Advocate, the Court may refer the matter to
the Bangladesh Bar Council for enquiry and action under the Legal Practitioner and Bar
Council Order (P .O.No.46 of 1972) as amended from time to time.
38. The dress prescribed for Advocates is a short coat or Sherwani of black
material, white shirt with turn down collar and white bands: in the summer, white
trousers, and in the winter, trousers of materials in deeper shades of grey. The Advocate
shall wear a short black gown in Court, unless the Court directs otherwise.
The dress for Senior Advocates shall be similar, with the following additional
requirement, viz., they shall wear gown as prescribed for Banisters appearing before the
High Court in London.
39. The names of all Senior Advocates, Advocates and Advocates-on-Record
enrolled as such in the Supreme Court of Pakistan before the Sixteenth day of December,
1971, shall be deemed to be transfened to the respective Rolls of the Appellate Division
of the Supreme Court of Bangladesh.
ORDER V
BUSINESS IN CHAMBERS
1. The power of the Court in relation to the following matters may be exercised by
the Registrar :-
(1) Applications for discovery and inspection.
(2) Applications for delivery of interrogatories.
(3) Applications for substituted service, or for dispensing with service of notice
of the appea 1 on any of the respondents to the appeal.
(4) Applications for time to plead, for Production of documents, and generally
relating to the conduct of cause, appeal or matter save those coming under
rule 2 of this Order.
(5) Applications for leave to take documents out of the custody of the Court.
(6) Questions arising in connection with the payment of Court fees.
(7) Applications by third parties for return of documents.
(8) Applications for grant of copies of records to third parties.
(9) Applications for the issue of a certificate regarding any excess Court fee
paid under a mistake.
(10) Applications for requisitioning records from the custody of any coun or
other authority.
(11) Applications for condoning delay in paying deficit court fees or delay in
representation.
(12) Applications for appointment and for approval of a translator or interpreter.
(13) Applications for substitution, except where the substitution would involve
setting aside an abatement.
(14) Applications for production of documents outside Court premises.
(15) Applications for Payment into Court.
(16) Applications to appoint or discharge a next friend or guardian of a minor or
a person of unsound mind and direct amendment of the record thereon.
(17) Applications for consolidation of appeals and writ Petitions for purposes of
hearing, and preparation of re-record.
Provided that applications for exemption from filing of certified copies of judgment
or orders accompanying a leave petition shall be posted before the Court along with the
leave petition.
2. The powers of the Court in relation to the following matters may be exercised by
a single Judge sitting in Chamber but subject to reconsideration, at the instance of any
aggrieved party by a Bench of not less than three Judges, which may include the Judge
who dealt with the matter ;-
(1) Applications for production of documents outside Court premises.
(2) Applications for leave to compromise or discontinue pauper appeals.
(3) Applications for striking out or adding party.
(4) Applications for better statement of claim or defence.
(5) Applications for particulars.
(6) Applications to withdraw appeals and petitions.
(7) Applications for payment of money out of Court or handing over or
discharge of security.
(8) Applications of tax bills returned by Taxing Officer.
(9) Applications for costs of taxation where one-sixth is taxed off.
(10) Applications for review of taxation by Court.
(11) Applications for enlargement or abridgment of time, except those covered
by item 7 of rule 1 and applications ror condonation of delay in filing
petitions for leave to appeal.
(12) Applications for issue of commissions.
(13) Applications for security of costs.
(14) Applications for assignment of Security Bonds.
(15) Applications for enforcing payment of costs under directions of Registrar.
(16) Applications for extending returnable dates of warrants.
(17) Applications for order against clients for payment of costs.
(18) Applications for production of evidence by affidavit.
(19) Applications for taxation and delivery of bills of costs, and for the delivery
by an Advocate-on-record of documents and papers.
(20) Applications for stay of execution of a decree or order in Civil Proceedings.
(21) Applications for stay of execution of sentence 0/ order in Criminal
Proceedings.
(22) Applications for the grant of bail.
(23) Enrolment of Advocates and of Advocates-on-Record.
(24) Setting down cause, appeal or matter exparte.
(25) Consent petitions.
(26) Applications for bringing on record the legal representatives of a deceased
party.
(27) Applications for change of Advocate-on-Record.
(28) Applications by Advocate-on-Record for leave to withdraw.
3. Any person aggrieved by any order made by the Registrar under this Order may,
within fifteen days. of the making of such order, appeal against it to the judge in chamber.
4. The Registrar. may. and, if so directed by the Judge in Chamber, shall, at any
time adjourn any matter and lay the same before the Judge in Chamber, and the Judge in
Chamber, may at any time adjourn any matter and lay the same before the Court.
I. Except where otherwise provided by statute or prescribed by these Rules, all
applications which in accordance with these Rules cmmot be made in Chamber shall be
made before the Court on motion after notice to the parties affected thereby. Where the
delay caused by notice would or might entail prejudice or hardslUp, an application may
be made for an adinterim order exparte, duly supported by an affIdavit and the Court, if
satisfied that the delay caused by notice would entail prejudice or hardship, may make
order exparte upon such terms as to costs or otherwise, and subject to such undertaking, if
any, as the Court may think just, pending orders on the main application by notice of
motion.
2. A notice of motion shall be instituted in the matter in which the application is
intended to be made and shall state the time and place of application and the nature of the
order asked for and shall be addressed to the party or parties intended to be affected by it
and their Advocate-on-record, if any, and shall be signed by the Advocate-an-Record, of
the party moving, or by the party himself where he acts in person.
3. Save by leave of the Court the notice of motion along with the affidavit in
support thereof, shall be served on the opposite party not less than 8 days before the day
appointed for the motion and the affidavit of service together with the acknowledgement
receipt of the service of the notice shall be filed in the Registry at least 3 days before the
day appointed for the motion. Counter affidavits, if any. shall be filed in the Registry
during office hours not later than 1.00 p.m. on the day preceding the day of hearing and
copies of these affidavits shall be served on the other parties to the notice of motion and
the affidavits shall not be accepted in the Registry unless they contain an endorsement of
service signed by the other party or parties.
4. Notice shall be given to the other party or parties of all grounds, intended to be
urged in support of, or in opposition to any motion.
5. Save by leave of the Court, no affidavit in support of the application beyond
those specified in the notice of motion, nor any affidavit in answer or reply filed later
than the time prescribed in these Rules shall be used at the hearing or allowed on
taxation.
6. Unless otherwise ordered the costs of a motion in a suit or proceeding shall be
treated as costs in that suit or proceedings.
7. Any interlocutory or miscellaneous application. notwithstanding that it is made
in an appeal or other proceeding in which it substantial question of law as to the
interpretation of the Constitution is raised. may be heard and decided by a Bench of not
less than three Judges.
ORDER VII
DOCUMENTS
1. The officers of the Court shall not receive any petition, affidavit or other
documents, except original exhibits and certified copies of public documents, unless it is
fairly and legibly transcribed on one side of standard petitiOll paper demy-foolscap size.
Copies of documents, if not fanning part of the record of the Court appealed irom. filed
for the use of this Court, shall be certified to be true copies by the Advocate-on-Record
for parties presenting the same.
2. No document in a language other than Bengali or English shall be exhibited or
used for the purpose of any proceedings before the Court. unless the same has been
translated in accordance with these Rules.
3. Any document in a language other than Bengali or English shall be accompanied
by its translation in either of the two languages in accordance with the Rules.
4. Every document required to be translated shall be translated by a translator
nominated or approved by the Court on payment of prescribed fees:
Provided that a translation attested by the Advocates-on-Record for both parties,
may be accepted.
5. Every translator shall, before acting, make an oath or affirmation that he will
translate ccrrectly and accurately all documents given to him for translation. and at the
end of the documents he shall certify in writing, signed by him. that the translation is
correct.
6. Except as otherwise provided in these Rules all petitions, appeals and other
documents shall be presented in person by the party or by an Advocate-an-Record duly
appointed by the party.
7. Except as otherwise provided in these Rules or by any law [or the time being in
force, the Court fees set out in the Third Schedule to these Rules shall be payable on all
documents mentioned therein.
8. The Registrar may decline to receive any document which is presented otherwise
than in accord?nce with these Rules. Where the parry fails to take any steps for the
removal of the defect within the time fixed for the same by the Registrar, the Registrar
may, for reasons to be recorded in writing, decline to register the documents.
9. The Registrar may in a proper case on an application made by the party issue a
certificate regarding any excess court fee paid under a mistake.
ORDER VIII
AFFIDAITS
1. The Court may at any time, for sufficient reason, order that any particular, fact or
facts may be proved by affidavit, or the affidavit of any witness may be read at the
hearing, on such conditions as the Court thinks reasonable:
Provided that where it appears to the Court that either party bonafide desires the
production of a witness for cross-examination and that such witness can be produced, an
order shall not be made authorising the evidence of such witness to be given by affidavit.
2 .Upon any application evidence may be given by affidavit; but the Court may, at
the instance of either party, order the attendance for cross-examination of the deponent,
and such attendance shall be in Court, unless the deponent is exempted from personal
appearance in Court or the Court otherwise directs.
3. Every affidavit shall be instituted in the cause, appeal or matter in which it is
sworn.
4. Every affidavit shall be drawn up in the first person, and shall be divided into
paragraphs to be numbered consecutively, and shall state the description, occupation, if
any, and the true place of abode of the deponent.
5. Affidavit shall be confined to such facts as the deponent is able of his own
knowledge, to prove, except on interlocutory applications, on which statements of his
belief may be admitted, provided that the grounds thereof are stated.
6. An affidavit requiring interpretation to the deponent shall be interpreted by an
interpreter nominated or approved by the Court, if made at the seat of the Court, and if
made elsewhere, shall be interpreted by a competent person who shall certify that he has
correctly interpreted the affidavit to the deponent.
7. Affidavits for the purposes of any cause, appeal or matter before the Court may
be sworn before a Notary Public or any authority mentioned in section 139 of the Code or
before the Registrar of this Court, or before a Commissioner generally or specially
authorised in that behalf by the Chief Justice.
8. Where the deponent is a pardahnashin lady she shall be identified by a person to
whom she is known and that person shall prove the identification by a separate affidavit.
9. Every exhibit annexed to an affidavit shall be marked with the title and number
of the cause, appeal or matter and shall be initialed and dated by the authority before
whom it is sworn.
10. No affidavit having any interlineation, alteration or erasure shall be filed in
Court unless the interlineation or alteration is initialed, or unless in the case of an erasure
the words or figures written on the erasure are re-written in the margin and initialed by
the authority before whom, the affidavit is sworn.
II. The Registrar may refuse to receive an affidavit where in his opinion the
interlineations, alterations or erasures are so numerous as to make it expedient that the
affidavit should be re-written.
12. Where a special time is limited for filing affidavit no affidavit filed after that
time shall be used except by leave of the Court.
13. In this order, 'affidavit' includes a petition or other document required to be
shown or verified; and 'swom' includes affirmed. In the verification of petitions or other
proceedings, statements based on personal knowledge shall be distinguished from
statements based on information and belief. In the case of statements based on
information, the deponent shall disclose the source of his information.
ORDER IX
INSPECTION, SEARCH, ETC.
1. Subject to the provisions of these Rules, a party to any cause, matter or appeal
who has appeared shall be allowed to search, inspect or get copies of all papers and
documents or records in the case, on payment of the prescribed fees and charges.
2. The Court, at the request of a person not a party to the causc, matter or appeal,
may on good cau.se shown allow such search or inspection or grant such copies as is or
are mentioned in the last preceding rule, on payment of the prescribed fees and charges.
3. A search or inspection under the last two preceding rules during the pendency of
a cause, matter or appeal, shall be allowed only in the presence of an officer of the Court
and after forty-eight hours' notice in writing to the parties who have appeared, and copies
of documents shall not be allowed to be taken, but notice of the search or inspection may
be made.
4. Copies required under any of the preceding rules of this order may be certified as
correct copies by any officer of the Court authorised in that behalf by the Registrar.
5. No record of document filed in any cause, matter or appeal shall, without the
leave of the Court, be taken out of the Custody of the Court.
ORDER X
JUDGMENT, DECREES AND ORDERS
1. The Court, after the case has been heard, shall pronounce judgment in open court
either at once or on some future day, of which due notice shall be given to the parties or
their Advocate-an-Record and the decree or order shall be drawn up in accordance
therewith.
2. Subject to the provisions contained in Order XXVI, a judgment pronounced by
the Court or by a majority of the Court or by a dissenting Judge in open Court shall not
afterwards be altered or added to, save for the purpose of correcting a clencal or
arithmetical mistake or an elTor arising from any accidental slip or omission.
3. Certified copies of the judgment, decree or order shall be furnished to the parties
on application made for the purpose and at their expense.
4. Every decree or order made by the Court shall be drawn up in the Registry and
be signed by the Registrar or Deputy Registrar or Assistant Registrar and sealed with the
Seal of the Court and shall bear the same date as the Judgment.
5. Every order made by the Registrar or other officer shall be drawn up 111 the
Registry and signed by the Registrar or other officer as the case may be.
6. In cases of doubt or difficulty with regard to a decree or order made by the
Court, the Registrar shall, before issuing the draft, submit the same to the Judge in
Chamber.
7. Where a draft of any decree or order is required to be settled in the presence of
the parties, the Registrar shall by notice in writing appoint a time for settling the same
and the parties shall attend accordingly and produce their briefs and such other
documents as may be necessary to enable the draft to be settled.
8. Where any party is dissatisfied with any decree or order as settled by the
Registrar, the Registrar shall not proceed to complete the decree or order without
allowing that party sufficient time to apply by motion to the Court.
9. The decree passed or order made in every appeal and a direction or \-vritissued in
any matter by the Court shall be transmitted by the Registrar to the Court concerned from
whose judgment, decree or order the appeal or matter was brought, and any such decree,
order or direction shall be executed and enforced as if it had been made and issued by the
High Court Division of the Supreme Court of Bangladesh.
10. Any order as to the costs of proceedings in the Court, as soon as the amount of
the costs to be paid is ascertained, shall be transmitted by the Registrar to the Court
appealed from or to any other authority concerned, and shall be given effect to by that
.Court or authority as jf it were an order made by the High Court Division.
I I. If any question arises as to which of the permanent Benches of the High Court
Division shall give effect to the decree, order, direction or writ of this Court shall be
decided by the Court.
OR])ERXI
CONSTItUTION OF BENCHES
1. Save as provided by law or by these Rules, every cause, appeal or matter shall be
heard and disposed of by a Bench, consisting of not less than three Judges to be
nominated by the Chief Justice:
Provided that petitions for leave to appeal, and appeals from appellate or revisional
judgments and orders made by a single Judge in the High Court Division may be heard
and disposed of by a Bench of two Judges. but the Chief Justice may, in a fit case, refer
any petition or any such appeal as aforesaid to a larger Bench:
Provided further that if the Judges hearing the petition or appeal are equally divided
in opinion, the petition or appeal, as the case may be, shall in the discretion of the Chief
Justice. be placed for hearing and disposal either before another Judge or before a larger
Bench to be nominated by the Chief Justice.
2. Where in the course of the hearing of any cause, appeal or other proceedings. the
Bench considers that the matter should be dealt with by a larger Bench, it shall refer the
matter to the Chief Justice, who shall thereupon constitute such a Bench for the hearing
of it.
3. The Chief Justice may from time to time appoint a Judge to hear and dispose of
all applications which may be heard by a judge in Chamber under these Rules.
PART II
APPELLA TE JUlUSDlCTION
CIVIL APPEALS UNDER ARTICLE 103(2) (a) OF
THE CONSTITUTION
1. No notice of motion in relation to a Civil appeal under this order shall be
entertained unless it is accompanied by a certified copy of the certificate granted by the
High Court Division.
2. Where a certificate has been granted under Article 103(2)(a) of the Constitution,
any party who desires to appeal shall file a petition of appeal in the Court.
3. The petition of appeal shall be presented within thirty days from the date of the
grant of the certificate by the High Court Division or the date of impugned judgment,
decree or final order of the High Court Division:
Provided that in computing the said period, the time requisite for obtaining a copy
of the certificate and the order granting the said certificate, shall also be excluded.
4. The petition shall set forth the appellant's objections to the decision of the High
Court Division, and where the appellant desires to raise other grounds in the appeal, the
petition of appeal shall be accompanied by a separate petition indicating the grounds so
proposed to be raised and praying for leave to appeal on those grounds and the petition
for leave, shall, unless the Court otherwise directs, be heard at the same time as the
appeal. Copies of the petition of the appeal shall be saved on the respondent.
5. The petition of appeal shall be accompanied by :
(i) Certified copies of the judgment and decree or final order appealed
against, and of Courts below;
(ii) a certified copy of the certificate granted under Article I03(2)(a) where
that certificate is not embodied in the judgment; and
(iii) an affidavit of service of copy of the petition of appeal on the respondent.
6. Within thirty days of the service on him of the petition of appeal, a respondent
may, if he so desires, file in this Court his objections, if any, to the grounds taken by the
Appellant in his petition of appeal, and to the appellant's right to raise in the appeal any
question other than those bearing on the question of law to which the certificate relates.
7. The liability of the parties to pay court-fee in this Court, unless otherwise
ordered by this Court, shall not be affected by any order for consolidation of appeals
made by the High Court Division or by this Court.
8. The provisions contained in the succeeding Orders in this Part of the Rules shall,
apply mutatis mutandis to appeals under this Order.
ORDER XIII
PETITIONS FOR LEAVE TO APPEAL IN CIVIL PROCEEDINGS
1. A petition for leave shall be lodged in this Court within sixty days of the
judgment or order sought to be appealed from or as the case may be within thirty days
from the date of the refusal of grant of certificate under Article l03(2)(a) of the
Constitution, by the High Court Division:
2. A petition for leave to appeal shall state succinctly all points of law which arise
for determination and all such facts as it may be necessary to state in order to enable the
Court to determine whether such leave ought to be granted and shall be signed by the
counsel and/or Advocate-on-Record for the petitioner or by the party himself if he
appears in person. The petition shall deal with the merits of the case only so far as is
necessary for the purpose of explaining and supporting the particular grounds upon which
leave to appeal is sought and where petition is moved through an Advocate-on-Record, it
shall cite all previous decisions of the Court, which to the best of his knowledge, bear on
the question sought to be raised in the petition.
3. The petitioner shall lodge 8[at least ten] copies, unless required otherwise by the
Court, of:
(i) his petition for leave to appeal;
(ii) the judgment, decree, order sought to be appealed from one copy of which
shall be certified as correct, together with grounds of appeal or application
before the High Court Division;
(iii) Paper book of the High Court Division, if any, and the other record duly
attested by the Advocate-on- Record of the petitioner:
(iv) the order of the High Court Division refusing grant of certificate, if any.
under Article I 03(2)(a) ;
(v) an affidavit in support of allegation of fact prescribed by Rule 4 of Order
XVIII hereinafter; and
(vi) unless a caveat, as prescribed by Order XVIII, Rule 2, has been lodged by
the other party, who had appeared in the courts below; an affidavit of
servIce of notice of the intended petition upon such party.
The petitioner shall, on demand, furnish to other parties, at their expense, on the
prescribed charges, copies of all or any of the documents filed by him in the Court.
4. In an appropriate case the Registrar may require the petitioner to supply, 111
advance of the hearing of the petition, copies of the orders made in the case by all Courts
subordinate to the High Court Division as well as grounds of the petition of any earlier
appeal in case these documents are not already included in the paper book or record of
the appeal as mentioned in Rule 3 of this Order.
5. Save in cases where caveat as prescribed by Rule 2 of Order XVIII has been
lodged by other party who appeared in the Court appealed from, petitions for leave to
appeal shall be heard ex-parte, but the Court may direct the petitioner to issue notice to
the other party as it may deem fit, and adjourn the hearing of the petition which shall be
posted for hearing after service of notice on the party concerned and upon affidavit of
service by the petitioner. Where the other party has appeared in the Court appealed from,
has lodged a caveat as aforesaid, notice of the hearing of the petition shall be given to the
caveator, but a caveator shall not be entitled to costs of the petition unless the Court
otherwise orders.
6. Where the Court grants leave to appeal, it shall, in its order, give such directions,
as it may deem fit, the provision of security by the petitioner for the costs of the.
respondents as may be awarded by the Court on the disposal of the appeal as well as for
printing charges. These directions, as far as they relate' to security for costs, shall be
subject to modifications at the instance of any party, at any time prior to the hearing of
the appeal.
7. Subject to the provisions of these Rules, no appeal by leave of this Court shall be
fixed for hearing unless the amount of security has first been deposited and subject to any
directions of the Court in this behalf, the deposit shall be made within a period of one
month from the date of grant of leave to appeal, failing which the leave shall stand
rescinded unless otherwise ordered by the Court.
8. Except where otherwise ordered by the Court, the security shall be deposited in
cash in the Bangladesh Bank, under a challan to be issued by the Registrar.
9. Where the appelJanl has lodged security for the costs of the respondent as well as
for printing charges of the pap<:r book, the Registrar shall deal with such security in
accordance with the directions contained in order of the Court detcmlining the appeal.
10. After the gram of leave to appeal by this Court, the case shall be registered as
an appeal and the Registrar shall transmi t a certified copy of the order of the Court to the
Court appealed from.
11. Where a petitioner, who has obtamed leave to appeal desires, prior to the
receipt of the original record of the appeal in this Court, to withdraw his petition, he shall
make an application to that effect to the Court and the Court may thereupon make an
order dismissing the petition. The security, if entered into by the appellant, shall be dealt
with in such manner as the Court may deem fit to direct.
12. Save as otherwise provided by the preceding rules of this ordcr, the provisions
of Order XVIII hereinafter contained shall apply mutatis mutandis to petitions for leave
to appeal.
13. The provisions contained in Order XXII shall apply as far as applicable in the
case of any person seeking leave to appeal to the Court as a pauper.
14. The provisional petitions for leave to appeal will not be entertained unless all
relevant documents except copy of the impugned judgment are fled.
15. No petition for leave to appeal will be received without requisite number of
paper books except on properly stamped application filed before the Court for granting
time. If a petitioner unduly delays in brining a petition to a hearing, action shall be taken
by the office under rule 10, Order XVIII of these Rules.
ORDER XIV
PREPARATION OF RECORD, ETC.
1. As soon as a petition of appeal has been lodged in the Registry under Order XII,
or'the Court has made an order granting leave to appeal, the appellant shall without delay,
take all necessary steps to have a printed/cyclostyled record prepared in the Registry.
2. Where leave to appeal is granted in a Civil proceedings, the petitioner must file a
certified copy of the impugned decree of the High Court Division to the Registry of the
Court within 15 days from the date of the Order granting leave to appeal.
3. Where an appeal has been admitted by an order of this Court, the Registrar shall
notify the respondent of the order of this Court granting leave to appeal, and shall also
transmit a certified copy of the order to the Court concemed.
4. The Registrar shall then send for the original record from the High Court
Division and the High Court Division shall with all convenient speed, arrange for the
transmission of such record to the Registry of this Court. If printed paper books had been
prepared for use in the High Court Division, at least twe1\ ': copies thereof shall also be
transmitted along with the original record.
5. TL original records shall not be called for specIally in the cases where
preparation of the paper books has been dispensed with. unless the Court orders
otherwise.
6. As soon as the original record has been reeei\ed the Registrar of this Court shall
notify all parties of the date of such receipt and require them wi thin two weeks of the date
of service of the notice upon them, to file their lists of documents to be included in the
paper books.
7. (i) Where the appellant fails to have record prepared with due diligence. the
Registrar shall call upon him to explain his default. and, if no explanation is
offered, or if the explanation offered is, in the opinion of the Registrar,
unsatisfactory,. the Registrar may issue a summons to the appel1ant calling
upon him to show cause before the Court at a time to be specified in the
said summons why the leave to appeal should not be rescinded. The
respondent shall be entitled to be heard before the Court in the matter of the
said summons and to ask for his cost and such other relief as he may be
advised. The Court may, after considering the matter of the said summons,
rescind the .grant of leave to appeal. or give such other directions as the
justice of the case may require.
(ii) The respondent shall show due diligence in the matter, so far as is required
of him, but negligence on his part wI1l not excuse delay in completion of the
record for which the appellant is primarily responsible.
8. In the preparation of the record the printed paper books prepared for tbe use of
the High Court Division may be included, if sufficient number of such paper books is
available.
9. Where the decision of the appeal is likely to tum exclusively on a question of
law, the appellant may after notice to the respondent and with the sanction of the Court,
include such parts only of the record as may be necessary for the discussion of the same.
10. Save as otherwise provided in the last preceding rule, the Registrar of this
Court, as well as the parties, shall endeavour to exclude from the record all documents
(more particularly such as are merely formal) that are not relevant for the decision of the
appeal, and, generally to reduce the bulk of the record as far as practicable ; but the
documents so omitted from the record, shall be enumerated in a list separately.
11. The record shall be alTanged, prepared and typed 111 the Registry of this Court in
accordance with the rules embodied in the Fifth Schedule to these Rules, and the parties
may submit any disputed question arising in connection herewith to the Registrar of this
Court who shall give such directions thereon as may be necessary in the case. The
number of copies of the record to be prepared shall be detennined by the Registrar.
12. As soon as the record has been made ready, the Registrar shall by a notice
require the parti~s to enter appearance for the purpose of certifying the record to be
conect and complete. The parties shall thereafter under the directions of the Registry with
due diligence take further steps as required by these Rules, preliminary to the hearing of
the appeal.
13. Within thirty days from the date of grant of leave to appeal, the appellant shall
pay Court Fee in respect of the appeal according to the scale laid down in item No.2 of
Part II of the Third Schedule to these Rules.
14. Where preparation of the paper-book is dispensed with the appeal shall be
registered and notice shall be issued to the parties concerned as required under rule 12 of
this Order within 7 days of the receipt of the Court's Order granting leave to appeal.
15. The notice mentioned in Rule 12 of this Order shall be issued to the parties
under registered post with acknowledgement due receipts as provided in rule 2, Order
XXXIIl of the Rules. In case the AID receipt is not received within a fortnight from the
date of issue of the notice steps should be taken to serve notice tIu'ough the District Judge
concerned, specially in the cases where none of the respondents has entered appearance.
16. Every appellant and each respondent who has entered an appearance, shall, be
entitled to receive for his use, a number of copies of the record, not exceeding three.
17. The parties shall be severally responsibly for placing on the paper book to be
used at the hearing, all documents that may be necessary for the due appreciation of the
case. In case of objection by any party to the inclusion or non-inclusion of any document
which is desired by any other party, such document shall be included but at the cost of the
party desiring such inclusion, provided that if the Court when deciding the appeal,
considers that any document so included was either inadmissible in evidence, or wholly
irrelevant or unnecessary for the purpose of the appeal, the costs incurred in respect of
such document shall be borne exclusively by the party at whose instance such document
was included.
ORDER XV
WITHDRA WAL OF APPEAL
I. Where at any stage prior to the hearing of the appeal, an appellant desires to
withdraw his appeal he shall make an application to that effect to the Court. The costs of
the appeal and the security, entered into by the appellant, if any, shall then be dealt with
in such manner as the Court, may deem fit.
ORDER XVI
NON-PROSECUTION OF APPEALS-CHANGE OF PARTIES
I. If an appellant fails to take any steps in the appeal within the time fixed for the
same under these rules, or if no time is specified, it appears to the Registrar of the Court
that he is not prosecuting the appeal with due diligence, the Registrar shall call upon him
to explain his default, and, if no explanation is offered, or if the explanation offered
appears to the Registrar to be insufficient, the Registrar may issue a summons calling
upon him to show cause before the Court why the appeal should not be dismissed fof
non-prosecution.
2. The Registrar shall send a copy o[ the summons mentioned in the last preceding
rule to every respondent who has entered an appearance and every such respondent shall
be entitled to be heard before the Court and to ask for his costs and other relief.
3. The Court may, after hearing the parties. dismiss the appeal for non-prosecution
or give such other directions thereon as the justice of the case may require.
4. An appellant whose appeal has been dismissed for non-prosecution may within
thirty days of the order, present a petition praying that the appeal may be ·restored and the
Court may, after giving notice of such application to the respondent, who had entered
appearance in the appeal, restore the appeal if sufficient cause is shown on such terms as
costs or otherwise as it deems fit:
Provided that the Court may for sufficient cause extend the time [or making such
an application.
5. Where at any time between the filing of the petition of appeal and the hearing of
the appeal the record becomes defective by reason of the death or change of status of a
party to the appeal, or for any other reason, an application shall be made to the Court,
stating who is the proper person to be substituted or entered on the record in place of, or
in addition to the party on record.
6. Upon the filing of such an application the Registrar of the Court shall. after
notice to the parties concerned, determine who in his opinion is the proper person to be
substituted or entered on the record in place of, or in addition to the party on record, and
the name of such person shall thereupon be substituted or entered on the record:
(i) where a question arises as to whether any person IS or is not the legal
representative of the deceased party or ;
Provided that no such order of substitution or revivor shall be made by the
Registrar:
Provided further that where during the course of the proceedings it appears to the
Registrar that it would be convenient for the enquiry that investigation in regard to the
person who is to be substituted on record, be made by the Court appealed from or a Court
subordinate thereto, the Registrar may place the matter before the Judge in Chamber and
the Judge in Chamber may there-upon make an order directing the Court appealed from
to investigate into the matter either itself or cause an enquiry to be made by a Court
subordinate to it after notice to the parties, and submit its report thereon to this Court
within such time as may be fixed by the order. On receipt of the report from the Court
below the matter shall be posted before the Judge in Chamber again [or appropriate
orders.
7. Save as aforesaid the provision of Order XXII of the Code relating to abatement
shall apply Mutatis Mutandis to appeals and proceedings before the Court.
8. An application to bring on record the legal representatives of an appellant or a
respondent, who has died or suffered a change of status, shall be made within 90 days of
such occurrence :
ORDER XVII
APPEARANCE BY RESPONDENT
1. As soon as the petition of appeal has been registered, the Registrar of the Court
shall :-
(i) require the appellant to furnish as many copies of the petition of appeal as
may be necessary for record and for service on the respondent; and
(ii) send to the Court appealed from a copy of the petition of appeal for
record in that Court and a copy for service upon the respondent or each
respondent:
Provided that the Registrar may on an application made for the purposes, dispense
with service of the petition of appeal on any respondent who did not appear in the
proceedings in the Court appealed from or on his legal represent'ltive :
Provided, however, that an order dispensing with service of notice shall be made in
respect of a respondent who is a minor or a lunatic:
I
Provided further that an order dispensing with service of notice shall not preclude
any respondent or his legal representative from appearing to contest the appeal.
2. On receipt from the Court of the copy of the petition of appeal, tl;JeRegistrar pf
the COUlt appealed from shall :
(i) cause notice of the lodgment of the petition of appeal to be served on the
respondent personally or in such manner as the court appealed from may by
rules prescribe;
(ii) unless otherwise ordered by the Court transmit to the Court at the expense
of the appellant the original record of the case, including the record of
Courts below;
(iii) as soon as notice as aforesaid is served, to send a certificate as to the date or
dates on which the said notice was served.
3. The respondent shall enter appearance within 30 days of the service on him of
the notice under mle 1.
4. Notwithstanding anything contained in rules 1 and 2 the Court may, by order in
writing, direct service of notice of the lodgment of appeal on the respondents or any
respondent in any other manner and may fix such time for appearance of the respondents
or any respondent, as it may think necessary.
5. The respondent shall forthwith after entering an appearance give notice thereof
to the appellant and endorse a copy of such notice to the Registry.
6. Where there are two or more respondents, and only one, or some, of them enter
an appearance, the Appearance Form shall set out the names of the appearing respondent.
7. Two or more respondents may, at their own risk as to costs, enter separate
appearances in same appeal.
8. A respondent who has not entered an appearance shall not be entitled to receive
any notices relating to the appeal from the Registrar of this Court, nor be allowed to
lodge a concise statement in the appeal.
9. Where a respondent fails to enter an appearance in an appeal within thirty days
of the lodging of the concise statement by the appellant, and on proof of service of notice
of the same having been served on him, the appeal may be set down exparte against the
said non-appearing respondent. The Registrar shall give notice of the appeal having been
set down exparte to the non-appearing respondent:
Provided that the Court may condone the delay and grant such further time to the
non-appearing respondent as it may deem fit.
10. The respondent may within the time limited for his appearance deliver to the
Registrar and to the appellant a notice in writing consenting to the appeal, and the Court
may thereupon make such order on the appeal as the justice of the case may require
without requiring the attendance of the person on consenting.
1. All petitions shall consist of paragraphs numbered consecutively and shall be
fairly and legibly written, typewritten or lithographed on one side of standard petition
paper demy foolscap size or on paper. ordinarily used in High Court Division for
transcribing petitions, with quarter margin and endorsed with the name of the Court
appealed from, the full title and Appellate Division number of the appeal to which the
petition relates, or the full title of the petition as the case may be and the name and
address of the Advocate-on-record, if any, of the petitioner or of the petitioner where the
petitioner intends to appear in person. Unless the petition is a Consent petition within the
meaning of the rule 8 of this Order at least six copies thereof shall be filed.
2. Where a petition is expected to be filed, or has been filed, which does not relate
to any pending appeal of which the record has been registered in the Registry of this
Court, any person claiming a right to appear before this Court on the hearing of such
petition may file a caveat in the matter thereof, and shall thereupon be entitled to receive
from the Registrar notice of the lodging of the petition, if at the time of the lodging of the
caveat such petition has not yet been lodged, and, if and when the petition has been
lodged, to require the petitioner to serve him with a copy of the petition and to furnish
him, at his own expense, with copies of any papers lodged by the petitioner in support of
his petition. The caveator shall forthwith, after lodging his caveat, give notice thereof to
the petitioner, if the petition has been filed.
3. Where a petition is lodged in the matter of any pending appeal of which the
record has been registered in the Registry of this C0U11, the petitioner shall serve any
party who has entered an appearance in the appeal, with a copy of such petition and the
party so served shall thereupon be entitled to require the petitioner to furnish him, at the
expense of the said party, with copies of any papers lodged by the petitioner in support of
his petition.
4. A petition not relating to any appeal of which the record has been registered in
the Registry of this Court, and any other petition containing allegations of fact which
cannot be verified by reference to the registered record or any certificate or duly
authenticated statement of the Court appealed from, shall be supported by affidavit.
Where the petitioner prosecutes his petition in person, the said affidavit shall be sworn by
the petitioner himself and shall state that, to the best of the deponent's knowledge,
information and belief, the allegations contained in the petition are true. Where the
petitioner is represented by an Advocate-on-record the said affidavit may be sworn by
such Advocate-on-record and shall, besides stating that, to the best of the deponent's
knowledge, information and belief. the allegations contained in the petition are true, show
how the deponent obtained his instruction and the information enabling him to present
the petition.
5. The Registrar may refuse to receive a petition on the groU11dsthat it discloses no
reasonable cause of appeal or is frivolous or contains scandalous matter, but the petitioner
may appeal, by way of motion, from such refusal to the Court, within tturteen days.
6. As soon as a petition and all necessary doc.uments are lodged the petition shall
thereupon be deemed to be admitted.
7. Subject to the provisions of rule 5 of Order XIII and the next following rule, the
Registrar shall, as soon as the Court has appointed a day for the hearing of a petition,
notify all parties concerned of the day so appointed.
8. Where the prayer of a petition is'consented to in writing by the opposite party, or
where a petition is of a formal and non-contentious character, the Court may, if it thinks
fit, make an order thereon, without requiring the attendance of the opposite party, and the
Registrar shall not in any such case issue notice as provided by the last preceding ruley
but shall, with all convenient speed, after the Court has made its order, notify the parties
concerned that the order has been made and of the date and nature of such order.
9. A petitioner who desires to withdraw his petition shall give notice in writing to
that effect to the Registrar. Where the petition is opposed, the opponent shall. subject to
any agreement between the parties to the contrary, be entitled to apply to the Court for his
costs, but where the petition is unopposed, or where, in the case of an opposed petition,
the parties have come to an agreement as to the costs of the petition, the petition may, If
the Court thinks fit, be disposed of in the same way mutatis mutandis as a Consent
petition under the provisions of the last preceding rule.
10. Where a petitioner unduly delays bringing a petition to a hearing, the Registrar
shall call upon him to explain the delay, and if no explanation is offered, or if the
explanation offered is, in the opinion of the Registrar, insufficient, the Registrar may,
after notifying all parties interested, place the petition before the Court for such directions
as the Court may think fit to give thereon.
11. At the hearing of a petition not more than one counsel shall be admitted to be
heard on one side.
12. Except petitions or applications filed through Jail, no petition or application
seeking an order of the Court shall be entertained unless the petitioner or applicant
furnishes a cash security of 9[Tk.2,000], which shall be liable to be forfeited 'O[if the
petition or application is negated or dismissed].
ORDER XIX
LODGING OF CONCISE STATEMENT AND SUPPLEMENTAL
PROCEEDINGS
1. The appellant shall lodge in the Registry "[fourteen copies] of a concise
statement of the facts of the case and of the arguments upon which he proposes to rely
within thirty days of the completion of the record intimated by the Registrar under Order
XIV.
2. The respondent shall file in the Registry within thirty days of the completion of
the record intimated by the Registrar under Order XIV, twelve /copies of a concise
statement of such facts of the case as he deems material and of the arguments on which
he proposes to rely at the hearing.
3. No party to an appeal shall be entitled to be heard by the Court unless he has
previously lodged his concise statements:
Provided that where a respondent who has entered an appearance does not desire to
lodge his concise statement in the appeal he may give the Registrar notice in writing of
his intention not to lodge any concise statement, while reserving his right to address the
Court on the question of costs.
, Th~ word and figure 'Tk. 500" were subslituted by the word and figure 'Tk. 2,000", ibid.
III The words "01' paid to the opposite party if the petition or application is tTIvolous or vexatious" were
substituted by the words "if the petition or application is negated or dismissed", ibid.
II The words "twelve copies" were substituted by the words "fourteen copies", ibid.
4. Two or more respondents may, at their own risk as to costs, file separate concise
statements in the same appeal.
5. Each party shall, after filing his concise statement, forthwith give notice thereof
to the other party; and shall thereafter be entitled to receive two copies of the concise
statement filed by the opposite party on his applying therefor.
6. The concise statement shall consist of paragraphs numbered consecutively and
shall state, as precisely as possible, in chronological order, the principal steps in the
proceedings leading up to the appeal from the commencement thereof down to the
admission of the appeal, and thereafter, the contentions to be urged by the party filing the
same, and the reasons therefor and shall be printed or neatly typed with quarter margin.
on one side of standard petition paper, of the same size as the printed record. References
by page and line to the relevant portions of the record as printed shall, as far as
practicable, be printed or typed in the margin, and care shall be taken to avoid. as far as
possible, the reproducing in the concise statement of long extracts from the record. The
counsel preparing the concise statements should also cite all previous decisions of the
Appellate Division of the Supreme Court of Bangladesh to the best of their lalO\\ledge
bearing on the questions proposed to be raised in the appeal. The Taxing Officer in t<l\ing
the costs of the appeal shall, either of his own motion, or at the instance of the oppo' itc
party, enquire into any unnecessary prolixity in the concise statement, and may disall. \\V
the costs occasioned thereby.
7. The concise statement shall not be received without requisite number of copies
and affidavit of service of notice thereof upon the respondents.
8. As soon as an appeal is set down, the appellant shall attend at the Registry and
obtain seven copies of the record and concise statements to be bound for the use of the
Court at the hearing. The copies shall be bound in cloth or in one-fourth leather with
paper sides or in loose-leaf foml between boards and six leaves .of blank paper shall be
inserted before the appellant's concise statement. The front cover shall bear a printed
label stating the title and number of appeal registered in the office of the Registry of the
Appellate Division of the Supreme Court, the contents of the volume, and the names and
addresses of the Advocates-an-Record. The several documents, indicated by incuts, shall
be arranged in the following order :-
(iv) Supplemental record, if any, and the short title and Supreme Court number of
the appeal shall also be shown on the back.
9. The appellant sballiodge the bound copies not less than seven clear days before
the date fixed for the hearing of the appeal.
ORDER XX
HEARING OF APPEALS
1. All appeals filed in the Registry shall, as far as possible, be heard in the order in
which they are set down.
2. Adjournment of cases of all kinds for hearing shall only be granted on proper
application filed by an Advocate-on-Record except where it is sought by a party
conducting his case in person.
3. The Registrar shall, subject to the provisions of Order XVII, notify the parties to
the appeal of the date fixed for the hearing.
4. Subject to the directions of the Court, at the hearing of an appeal not more than
two Advocates shall be heard on one side.
5. The appellant shall not, without the leave of the Court, rely at the hearing on any
grounds not specified in his petition 'of appeal and the concise statement.
6. Where the Court, after hearing an appeal, decide to reserve its judgment therein,
the Registrar shall notify the parties concerned of the day appointed by the Court for the
announcement of the Judgment.
7.(a) An appellant whose appeal has been dismissed for default of appearance may.
within thirty days of the order, present a petition praying that the appeal may be restored
and the Court may, after giving notice of such application to the respondent who has
entered appearance in the appeal, restore the appeal if good and sufficient cause is shown
putting the appellant on terms as to costs or otherwise as it thinks fit, or pass such other
order as the circumstances of the case and the ends of justice may require.
(b) Where an appeal is heard ex-pmte and judgment is pronounced against the
respondent, he may apply to the Court to rehear the appeal, and if he satisfies the Court
that the appeal was set down ex-parte against him without notice to him or that he was
prevented by sufficient cause from appearing when the appeal was called on for hearing
the Court may re-hear the appeal on such terms as to costs or otherwise as it thinks fit to
impose upon him.
ORDER XXI
MISCELLANEOUS
1. The filing of an appeal shall not prevent execution of the decree or order
appealed against, but the Court may, subject to such tenns and conditions as it may think
fit to impose, order stay of execution of the decree or order, or order a stay of
proceedings, in any case under appeal to this Court.
2. A respondent may apply for the summary detennination of an appeal on the
ground that it is frivolous or vexatious or has been brought for the purpose of delay, and
the Court shall make such order thereon as it thinks fit.
3. A party to an appeal who appears in person shall furnish the Registrar with an
address for service and all documents left at that address, or sent by registered post to that
address, shall be deemed to have been duly served.
ORDER XXII
PAUPER APPEALS, l~ETITIONS, ETC.
1. The provisions of Order XLIV in the First Schedule to the Code, with necessary
modifications and adaptations, apply in the case of any person seeking to appeal to the
Court as a pauper.
2. An application for permission to proceed as a pauper shall be made on petition,
setting out concisely in separate paragraphs, the facts of the case and the relief prayed,
and shall be accompanied by a certificate of counsel that the petitioner has reasonable
grounds of appeal. It shall be also accompanied by an affidavit from the petitioner
disclosing all the property to which he is entitled and the value thereof: other than his
necessary wearing apparel and his interest in the subject-matter of the intended appeal,
and stating that he is unable to provide sureties, and pay court-fees. The Registrar on
satisfying himself that the petition is in order, may himself enquire into the pauperism of
the petitioner after notice to the other parties in the case and to the Attorney-General, or
refer the matter to the High Court Division, and the High Court Division either itself or
by a Court subordinate to the High Court Division investigate into the pauperism after
notice to the parties interested and make a report thereon within thirty days after the
receipt of the reference from this Court:
Provided that no reference as aforesaid shall be necessary where the petitioner had
been pelmitted to prosecute his appeal in forma pauperis in the Court appealed from.
3. The Court may allow an appeal to be continued in forma pauperis after it has
begun in the ordinary form.
4. Where the petitioner obtains leave of the Court to appeal as a pauper he shall not.
be required to pay court-fees or to lodge security for the costs of the respondent.
5. Where the appellant succeeds in the appeal, the Registrar shall calculate the
amount of court-fees which have been paid by the appellant if he had not been permitted
to appeal as a pauper and incorporate it in the decree or order of the Court; such amount
shall be recoverable by the Govenunent from any party ordered by the Court to pay the
same, and shall be the first charge on the subject-matter of the appeal.
6. Where the appellant fails in the appeal or is dispaupered, the Court may order the
appellant to pay the court-fees which would have been paid by him if he had not been
permitted to appeal as a pauper.
7. The Govenunent shall have the right at any time to apply to the Court to make an
order for the payment of proper court-fees under the last two preceding mles.
8. In every pauper appeal the Registrar shall, after the disposal thereof, send to the
Government a memorandum of the court-fees due and payable by the pauper.
9. No person shall take, agree to take, or seek to obtain from a person proceeding as
a pauper, any fee, profit or reward for the conduct of the pauper's business in the Court,
but the Court may nevertheless award costs against the other party and in that case may
direct payment thereof to the Advocate of the pauper and the Advocate-on- Record acting
for him.
ORDER XXIII
CRIMINAL APPEALS UNDER ARTICLE 103(2) OF THE
CONSTITUTION
1. Criminal Appeals under Article I03(2)(a) of the Constitution shall be lodged
within thirty days from the date of the certificate granted by the High Court Division, and
appeals under Article 103(2) (b) and (c) within thirty days from the date of the judgment
final Order or sentence appealed from:
2. The Memorandum of appeal shall be in the form of a petition in writing which
shall be accompanied by a certified copy of the judgment or order appealed against and in
the case of appeals under Article 103(2)(a) of the Constitution also by a certified copy of
the certificate granted by the High Court Division. The appellant shall file at least six
copies of his petition and the accompanying documents.
3. The appellant, if he is in Jail, may present his petition of appeal and the
accompanying documents to the Officer-in-charge of the Jail, who shall forward them
forthwith to the Registrar of this Court
4. On receipt of the petition of appeal, the Registrar shall cause notice of appeal to
be given to the concerned Office of the Attorney-General for Bangladesh, as the case
may require, and in cases where the appeal is by the Government to the accused and shall
also furnish the concerned Office of the Attorney-General for Bangladesh or the accused
as the case may be, with a copy of the petition of appeal and the accompanying
documents.
5. In the case of an appeal arising out of proceedings under the Foreign Exchange
Regulation Act, 1947, the Registrar shall cause notice of the appeal to be given also to the
Governor of the Bangladesh Bank, where the said Bank is not impleaded as a party.
6. The Registrar shall thereafter send a copy of the petition of appeal to the High
Court Division for its record, and require the High Court Division to transmit to the
Appeliate Division of the Supreme Court the Original record of the appeal along with the
records of the courts below with all convenient speed. In cases where paper books of the
appeal were printed/typed for use in the High Court Division, 12 copies thereof, or such
lesser number as the Registry of the Appellate Division of the Supreme Court may
specify shall be transmitted along with the original record. The record shall be prepared
at the expense of the appellant unless otherwise ordered by the Court but in appeal
involving sentence of death, or transportation for life the record shall be prepared at the
expense of the Government
7. In proper cases the Court may in its discretion direct the engagement of an
Advocate for an accused person at the cost of the Government. In such a case the
engagement of an Advocate-on-Record to instruct the Advocate shall not be necessary.
The fees of the Advocate so engaged shall be Taka 500 for preparation of the case and
Taka 100 per hour or part thereof of actual hearing in the Court, subject to a minimum of
Taka 200.
8. Due notice shall be given to the parties concerned of the date fixed for the
hearing of the appeal. The accused may, where he so desires, present his case by
submitting his arguments in writing and the Court shall consider the same at the hearing
of the appeal.
9. The Court may, where it thinks fit so to do, in the interests of justice, direct the
production of an accused person at the hearing of the appeal.
10. After the disposal of the appeal the Registrar shall, with the utmost expedition,
send a copy of the Court's Judgment or order to the High Court Division.
11. Pending the disposal of any appeal under this Order the Court may order that
the execution of the sentence or order appealed against be stayed on such terms as the
Court may think fit.
12. In Criminal Proceedings, no security for costs shall be required to be dcposited
and no court fee, process fee, search fee shall be charged except copying charges and in
case of appeals filed through the jail authorities, the copying tee shall also not be
charged.
13. Save as aforesaid the provisions contained in the preceding Orders in this Part
of the Rules shall, with necessary modifications and adaptations apply so far as may be,
to criminal appeals under this order.
ORDER XXIV
PETITIONS FOR LEAVE TO APPEAL AND APPEALS ARISING
THEREFROM IN CRIMINAL PROCEEDINGS
1. Save as hereinafter provided the provisions with respect to petitions for leave to
appeal in civil proceedings contained in Order XIII of this Part of the Rules, shall, with
necessary modifications and adaptations, apply to applications for leave to appeal in
Criminal matters:
Provided that no court fee, process fee or search fee shall be charged except
copying charges and in case of appeals filed through the jail authorities, the copying fee
shall also not be charged.
2. All petitions and applications for leave to appeal in criminal matters shall be
lodged in the Court within thirty days from the date of the judgment or order sought to be
appealed from, or trom the date of the refusal of certificate under Article 103(2) (a) of the
Constitution by the High Court Division:
Exception: The period of limitation for a petition for leave to appeal instituted by
the Attorney-General for Bangladesh or any other law officer of the Government of
Bangladesh against an order of acquittal shall be sixty days from the date of such
judgment or order:
3. The petitioner, if he is in jail, may prese'nt his petition for leave to appeal in
respect of his own conviction along with the accompanying documents, including any
written arguments which he may desire to advance, to the Officer-in-Charge of the Jail
who shall forthwith forward them to the Registrar of this Court.
4. Except in cases involving the sentence of death, the Registrar shall place the
petition and the accompanying documents so received before the Court, and the Court
may, upon perusal of the papers" reject the petition summarily without hearing the
petitioner in person, if it considers that there is no sufficient ground for granting leave to
appeaL
5. In the case of a petition for leave to appeal involving a sentence of death the
Registrar shall as soon as the petition is filed or received from the Officer-in-Charge of a
Jail, intimate the fact of the petition having been filed/received in the Court to the
Government of Bangladesh and thereupon the execution of the sentence of death shall be
stayed pending the disposal of the petition, without any express order of the Court in this
behalf:
Provided that unless otherwise ordered by the Court this rule shall not apply to the
petitions filed on behalf of a condemned prisoner, who has exhausted all his legal
remedies by way of petition for leave to appeal, appeal or review in the Court and whose
mercy petition has been rejected by the concerned authorities.
6. As soon as necessary documents are available, the Registrar shall, if the
petitioner has been sentenced to death, assign an Advocate from the roll of Advocates of
the Appellate Division of the Supreme Court and place the petition before the Court for
hearing. The fee of the Advocate so assigned shall be 12[Tk.2,500] or such amount as may
be fixed by the Court hearing the petition.
7. In the case of a petition for leave to appeal in respect of a proceeding under the
Foreign Exchange Regulation Act, 1947, the Registrar shall cause notice of the petition
also to be given to the Governor of the Bangladesh Bank, where the said Bank is not·
impleaded as a party.
8. Pending the disposal of a petition under this Order, the Court may direct that
execution of any order for imprisonment or fine, against which leave to appeal is sought,
be stayed, on such terms as the Court may think fit :
Provided that unless surrender is first made to an order for imprisonment, above,
the petition shall not be entertained.
9. In case the Court grants leave to appeal in a petition against acquittal, the Court
may direct that the respondent shall be arrested forthwith and detained in judicial custody
pending fmal disposal of the appeal. During such detention, the respondent shall be
treated as an under trial prisoner.
10. After the grant of petition or. application for leave to appeal by the Court the
Registrar shall transmit a certified copy of the order to the Courts appealed from. The
Court appealed from shall then arrange for the transmission of the original record of the
appeal including the records of the Court below with all convenient speed. In cases where
paper books of the appeal were printed/typed for use in the High Court Division, 12
copies thereof or such lesser number as the Registrar of this Court may specify, shall also
be transmitted along with original record.
11. The paper books for use in the Appellate Division of the Supreme Court of
Bangladesh shall be prepared at the expense of the appellant unless otherwise ordered by
the Court, but in cases involving sentence of death or transportation for life. these shall be
prepared at the expense of the Government of Bangladesh.
12. The provisions contained in Order XXIII shall, so far as practicable apply to
criminal appeals arising under tilis order except that the record shall be prepared at the
expense of the appellant.
PART III
ORDER XXV
APPLICATIONS FOR TRANSFER OF CRIMINAL PROCEEnING UNDER
SECTION 525A OF THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898).
1. Every petitIOn for transfer under section 525A of the Code of Criminal
Procedure shall be in writing. It shall set out concisely in separate paragraphs the facts
and particulars of the case, the relief sought and the grounds therefore and shall be
supported by an affidavit or affirmation.
2. The petition shall be posted before the Court for preliminary hearing and orders
as to issue of notice. Upon the hearing the Court, if satisfied that no prima facie case for
transfer has been made out or that the petition is otherwise not tenable, shall dismiss the
petition; and if upon such hearing the Court is satisfied that a prima facie case for
granting the petition is made out, it shall direct that notice be issued to the respondent to
show cause why the order sought for should not be made; such notice shall be given to
the accused person where he is not the applicant, to the respondent Government and to
such other parties interested as the Court may think fit to direct.
3. The notice shall be served not less than twenty-one days before the date fixed [or
thefinal hearing of the petition. Affidavits in opposition shall be field in the Registry not
laterthan four days before the date appointed for hearing and the affidavit in reply ~hail
be filed not later than 1 P.M. preceding the day of the hearing of the petition. Copies of
affidavits in opposition and in reply shall be served on t1}.eopposite party or parties and
theaffidavits shall not be accepted in the Registry unless they contain an endorsement of
servicesigned by such party or parties.
4. Where the petition is dismissed the Court, if it is of opinion that the application
was frivolous or vexatious, may order the applicant to pay by way of compensation to
anyperson who has opposed the application such sum not exceeding five hundred taka as
itmay consider proper'. the circumstances of .the case.
PART IV
ORDER XXVI
REVIEW
1. Subject to the law and the practice of the Court, the Court may, either of its own
motion or on the application of a party to a proceeding, review its judgment or order in a
Civil proceeding on grounds similar to those mentioned in Order XLVII, rule 1 of the
'Code of Civil Procedure and in a Criminal proceeding on the ground of an error apparent
on the face of the record.
2. Applications for review shall be filed in the Registry within thirty days after
pronouncement of the judgment, or, as the case may be, the making of the order, which is
s,ought to be reviewed. The applicant shall, after filing the application {or review,
forthwith give notice thereof to the other party and endorse a copy of such notice to the
Registry.
3. Every application for review shall be accompanied by a certified copy of the
judgment or order complained of and when the application proceeds on the ground of a
discovery of fresh evidence certified copies of the documents, if any relied upon, shall be
annexed to the application, together with an affidavit setting forth the circumstances
under which such discovery has been made.
4. No such application shall be entertained unless itis signed by a Senior Advocate
who, in this behalf: shall not be governed by the restrictions contained in clause 2 of the
First Schedule to these rules.
5. The Senior Advocate signing the application shall specify in brief the points
upon which the prayer for review is based, and shall add a certificate to the effect, that
consistently with the law and practice of the Court, a review would be justifiable in the
case. The certificate shall be in the form of a reasoned opinion.
6. Except with the special leave of the Court, no application for review shaH be
drawn by any Advocate other than the Advocate who appeared at the hearing of the case
in which the judgment or order, sought to be reviewed, was made. Such Advocate shall,
unless his presence has been dispensed with by the Court, be present at the hearing of the
application for review.
7. As far as practicable the application for review shall be posted before the ~ame
Bench that delivered the judgment or order sought to be reviewed.
8.. After the final disposal of the first application for review no subsequent
application for review shall lie to the Court and consequently shall not be entertained by
the Registry.
9. No application for review shall be entertained unless party seeking review
furnishes a cash security of 13[Tk.lO,OOO],which shall be liable to be forfeited 14[if the
review petition] is dismissed. .
PART V
ORDER XXVII
PROCEEDING IN RELATION TO THE CONTEMPT OF COURT
I. The {::ourt may take cognizance of its contempt suo motu or on a petition by any
person:
Provided that where the alleged contempt consists of willful disobedience of any
Judgment, decree, direction, order, writ or other process of the Court or a breach of an
undertaking given to the Court or a Judge in Chamber, the COUlt may take cognizance
suo motu or on a petition by the aggrieved person.
2. (1) A petition for proceedings under this Order shall be registered as original
petition and the provisions of Order VI Part I shall apply as nearly as may be.
(2) No Court fee shall be payable on the petition and on any document filed in
the proceeding.
3. The petition shall state succinctly and clearly all relevant facts constituting the
contempt of the Court and shall be supported by affidavit of the petitioner, if any.
4. (1) Notice of the petition along with the statement of allegations and affidavit, if
any, shall be served on the person complained against or charged.
(2) Notice to the person charged or complained against shall be in Form shown
in the Sixth Schedule. The person charged or complained against shall, unless otherwise
ordered, appear in person before the Court as directed on the date fiXed for hearing of the
proceeding, and shall continue to remain present during hearing till the proceeding is
finally disposed of by order of the Court.
(3) When action is instituted on petition, a copy of the petition along with the
annexures and affidavits shall be served upon the person charged or complained against.
13 TIle word and figure "Tk. 2000" were substituted by the word and figure "Tk. io,ooo", ibid.
14 The words "or paid to the QP!.o;)siteparty if the review petition is contested and" were substituted by the words
"if the review petition", ibi¢.
5. Where the alleged contempt" consists of willful disobedience of a judgment,
decree, direction, order, writ or other process of the Court or a breach of an undertaking
given to the Court or a Judge in Chamber by a Company registered under the Companies
Act, 1913 or a statutory corporation or a partnership' prm, the notice shall be served upon
ea~hdirector or partner as the case may be, and such other persons who at the time of the
alleged contempt were in-charge of or responsible for the conduct of the company,
corporation or firm as the case may be.
6. (l) Where the Court is satisfied by an affidavit or otherwise that the person
charged is absconding or is otherwise evading service of notice or if he fails to appear in
person or to continue to remain present in person in pursuance of the notice, direct a
warrant bailable or non-bailable for his arrest, addressed to one or more police officers or
may order attachment of property. The warrant shall lre issued under the signature of the
Registrar. The warrant" shall be in Form sho'W'll in the Sixth Schedule 'and shall be
executed, as far as may be in the manner provided for execution of warrants under the
Code of Criminal" Procedure.
(2) The warrant shall be executed by the officer or officers to whom it is
directed, and may also be executed by any other police officer whose name is endorsed
upon the warrant by the officer to whom it.is directed or endorsed.
(3) Where a warrant is to be executed outside the metropolitan area of Dhaka, the
Court may instead of directing such warrant to police officer, fonvard it to the Deputy
Commissioner or the Superintendent of Police or Commissioner of Police of the district
within which the person charged is believed to be residing. The Magistrate or the police
officer to whom the warrant is forwarded shall endorse his name thereon, and cause it to
be executed.
7. (1) Where the contempt consists of words or acts or visible signs which tend to
prejudice a party to a proceeding before the Court or tend to Scandalise the Court or any
Judge or otherwise tend to bring the Court or a Judge in relation to his office into hatred,
ridicule or contempt, the matter shall, in the first instance, be placed before the Chief
Justice and such Judges as the Chief Justice may npminate, to consider the expediency or
"propriety of taking action in the matter.
(2) If the Chief Justice and the Judges referred to in sub-rule (1) decide that
action should be taken in the matter, a notice of the proceeding shall issue to the
Attorney-General who shall in that event be under a duty to conduct the proceedings .
•
8. (1) The person complained against or charged shall, on the first hearing, file a
written statement in answer to the allegations against him and shall be afforded
,reasonable opportunity to adduce evidence in his defence.
(2) No oath shall be administered to the respondent unless he chooses to appear.
as his 0'W'llwitness.
9. The Court may, either suo motu, or on motion qlade for that purpose, order the
attendance for cross examination, of a person whose affidavit has been filed in the matter:
10. The Court may make orders for the purpose of securing the attendance of any
person to be examined as a witness and for discovery or production of any documents.
II. Notwithstanding anything contained in this Order, where the contempT IS
committed in the face of the Court or a Judge in Chamber, the Court or the Judge, as the
Case may be, may proceed forthwith to determine the guilt of the person concerned and
award him punishment under the law.
12. If at any time during the pendency of the proceeding under this Order or
thereafter but before the execution of the sentence, the person charged or complained
againt tenders unqualified apology, the Court may consider such apology and make such
order as it considers fit.
13. Where a person charged with contempt is adjudged guilty and is sentenced to
suffer imprisonment, a warrant of corp.mitment and defention shall be made out under the
signature of the Registrar. Every such warrant shall remain in force until it is cancelled by
order of the Court or until it is executed. The Superintendent of the Jail shall in pursuance
of the order receive the person so adjudged and detain him in custody for the period
specified therein, or until further orders.
14. The Court may award such costs as it deems fit in the circumstances of the
case. The costs, if any, shall be recovered as fine under the Code of Criminal Procedure,
1898.
PART VI
ORDER XXVIII
SPECIAL REFERENCES UNDER ART. 106 OF THE CONSTITUTION
1. On receipt by the Registrar of the order of the President referring a question of
lawoto the Court, the Registrar shall give notice to the Attorney-General of Bangladesh to
appear before the Court on a day specified in the notice to take the directions of the Court
as to the parties who shall be served with notice of the Special Reference and the Court
may, if it considers it desirable, order'that notice of the Special Reference shall be served
upon such parties as may be named in the order.
2. The notice shall require all such parties served therewith as desired to be hea;d at
the hearing of the Special Reference to attend before the Registrar on the day fixed by the
order to take the directions of the Court with respect to statements of facts rand
arguments and with respect to the date of the hearing.
3. The procedure to be followed in Special Reference shall depend upon the
direction of the Court.
4. After the hearing of the Speoial Reference, the Registrar shall transmit to the
President the Report of the Court thereon.
5. The Court may plake such order as it thinks fit as to the costs of all parties served
with notice under these Rules who appear at the hearing of the Special Reference.
PART VII
ORDER XXIX
COSTS
1. Subject to any provisions of any Statute or of these Rules, the costs of and
inCidental to all proceedings shall be in the discretion of the Court. Unless the Court
otherwise orders an intervener shall not be entitled to costs.
2. Where it appears that the bearing of any suit or matter cannot conveniently
proceed by reason of the neglect of the Advocate-on-Record of any party to attend
personally, or by some proper person on his behalf, or because of his omission to deliver
any paper necessary r the use of the Court which ought to have been delivered, the
Advocate-on-Record shall personally pay to all or any of the parties such costs as the
Court may think fit to award.
ORDER XXX
TAXATION
1. The Registrar, 15[theAdditional Registrar,] a Deputy Registrar and an Assistant
Registrar shall be the Taxing Officer, the Deputy Taxing Officer and the Assistant Taxing
Officer, of the Court, respectively.
The Chief Justice may assign, and the Taxing Officer may with the approval of the
Chief Justice delegate to a Deputy Taxing Officer or an Assistant Taxing Officer any
functions required by or under this Order to be exercised by the Taxing Officer.
_2. The Taxing Officer shall allow all such costs, charges and expenses as appear to
him to have been Qecessary or proper for the attainment of justice or for defending the
rights of any party, and shall not allow any costs, charges and expenses which appear to
him to have been incurred or increased unnecessarily or through negligence or mistake.
3. The Court may, in any proceedings where costs are awarded to any party, direct
payment of a sum in gross in lieu of taxed costs, and may direct by and to whom that sum
shaH be paid.
4. Where in the opinion of the Taxing Officer the maximum fee allowed by these
Rules is insuffic'ient or a fee ought to be allowed for any matter not provided for in these
Rules, he may refer the matter to the presiding Judge of the Bench hearing the appeal,
cause or matter-and the Judge may make such order thereon as to the allowance of the
whole or any part of the amount proposed by the Taxing Officer as he thinks fit.
5. Where the Taxing Officer is of opinion that any costs have been injuriously or
unnecessarily occasioned by the negligence or improper conduct of any Advocate-on-
Record he shaH not allow a~y charge fof the same.
6. In all cases of taxation as between party and party, the bill shall be lodged for
taJ<ation as between party and party and, unless the client expresses his desire to the
contrary in writing, also as between Advocate-on-Record and client.
7. Every bill of costs lodged for taxation shall specify the exact number of folios
contained in the bill lodged.
8. Every bill of costs shall be properly dated throughout and shall show in a column
for the purpose the money paid out of pocket.
9. Every bill of costs shall be certified by the signature of the Advocate-on-Record
from whose office it is issued.
10. The fees for taxation and registration of every bill of costs shall be paid in court
fee stamps when the bill is lodged for taxation.
II. Every bill of costs shall, wherever possible, be accompanied by vouchers, and
every item of disbursement and the cause thereof shall be distinctly specified, and no
payment out of pocket, shall be allowed except on production of the necessary voucher,
or in the case of Advocate's fees, without the receipt of the Advocate that the fee has been
paid:
Provided that a Taxing Officer may dispense with the production of a receipt of fee
paid to the Attorney-General for Bangladesh or any other law Officer of the Government.
12. Within one month from the date of the signing of the judgment or order
awarding costs, or within such further time as the Taxing Officer may for good cause
allow, the party to whom the costs have been awarded shall lodge in the Registry the bill
of costs and vouchers accompanied by a certified copy of the decree or formal order
drawn up in the case. Where in the opinion of the Taxing Officer the filing of a bill of
costs has been unduly delayed, the Taxing Officer may return the bill and shall not
receive or tax the same except by order of the Court.
13. The party having the charge of the bill shall, within fourteen days or within
such further period as the Taxing Officer may for good cause allow, serve on the opposite
party a copy of the bill of costs and file in the Registry an affidavit of service. In default
of the filing of such affidavit within the time aforesaid or within the further period
allowed by the Taxing Officer, the Taxing Officer may return the bill find vouchers and
shall not thereafter receive or tax the -bill except by order of the Court :
Provided that, where the Taxing Officer is satisfied that the party having the charge
of the bill has made all reasonable efforts to have the copy of the bill' served and has
failed, the Taxing Officer may dispense with such affidavit, and may receive and tax the
bill.
14. As soon as the affidavit of service referred to in th~ last preceding rule has been
filed, the Taxing Officer shall fix a date for ta~ation of the bill and shall notify the parties
of the date fixed.
15. The Taxing Officer shall allow such costs of procuring the advice on evidence
of an Advocate, and of employing an Advocate to settle pleadings and affidavits, as the
Taxing Officer in his discretion thinks just and reasonable.
16. In cases of taxation as between Advocate-on-record and Client· where the fees
are payable by the client personally or out of a fund belonging entirely to him, the Taxing
Officer shall allow, as fees to Advocates, all sums acrually paid, but not exceeding those
set out in the Second Schedule to these Rules, unless the written consent of the client is
produced.
17. Where an Advocate-on-record acts for different parties to the same suit, appeal
or matter, only one set of attend~nces shall be allowed, unless the Court otherwise orders"
18. Where two or more appeals arising out of a single proceeding are heard
together and costs are awarded in both or all of them only one set of counsel's fee shall be
allowed for the hearing unless the presiding Judge of the Bench hearing the appeals
otherwise directs.
19. Where on the taxation of a bill of costs payable out of a fund or out of the assets
of a company in liquidation, the amount of the professional charges and disbursements
contained in the bill is reduced by a sixth part or more, no costs shall be allowed to the
Advocate-an-record lodging the bill for taxation for drawing or copying it, nor for
attending the taxation.
20. Where on tax·ation of an Advocate-on-Record's bill of costs as between
Advocate-an-Record and client, the amount of the bill is reduced by a sixth part or more
the Advocate-an-Record shall pay the costs of taxation including the costs of the
Advocate-on-record if any employed in contesting the bill and the same shall be deducted
by the Taxing Officer; but the Taxing Officer may certify any special circumstances
relating to the bill or taxation and the Court may upon application by the Advocate-on-
Record whose bill has been taxed make any such order as the Court may think just and
equitable with respect to the costs of the taxation.
21. No Court fees shall be payable by an app 1icant to proceed in forma pauperis
except the fee for the petition to proceed.
22. In the taxation of costs as between party and party, the costs of and incidental to
the attendance of an Advocate on summons or other matters in Chambers" shall not be
allowed unless the court certifies that it was a fit case for the employment of an
Advocate.
23. Unless specially allowed by the Taxing Officer, no allowance shall be made in
party "and party taxation for work done before the commencement of proceedings in the
Court, except for necessary letter of demand and the reply thereto, if any, for receiving
instructions to sue to defend, or to appeal, and searches necessary for the purpose of
instituting or defending proceedings.
24. In every case of taxation as between Advocate-on-Record and client, the client
shall be duly summoned by the Taxing Officer to attend the taxation, unless the Taxing
Officer shall see fit to dispense with his attendance.
25. No' retaining fee to an Advocate shall be allowed on taxation as between party
and party.
26. Any party who is dissatisfied with the allowance or disallowance by the Taxing
Officer of the whole or any part of the items in a bill of costs may apply to the Taxing
Officer to review the taxation in respect thereof.
27. An application to review shall be made withip a week from the date of the
passing of the bill by the Taxing Officer.
The application shall contain objection in writing specifying concisely therein
items or parts of the bill allowed or disallowed and the grounds for the objections.
28. The Taxing Officer shall serve fourteen days' notice of the application on the
opposite party. A copy or the application shall accompany the notice.
29. Objections which were not taken in at the time of the taxation shall not be taken
in at the stage of review unless allowed by the Taxing Officer.
30. The Taxing Officer may, where he thinks fit, issue pending the consideration of .
any objections, a preliminary allocation for or on account of the remainder of the bill of
costs.
31. Upon application to review the Taxing Officer shall reconsider his taxation
upon the objections carried in and may, where he thinks 'fit, receive further evidence in
respect thereof and shall state in a certificate the ground of his decision thereon and any
special facts or circumstances relating thereto.
32. Any party dissatisfied with the decision of the Taxing Officer on review may,
not later than seven days from the date of the decision or within such fi.lrther time as the
Taxing Officer or the court may allow, apply to the Court for an order to review the
decision of the Taxing Officer and the Court may thereupon make such order as may
seem just; but the taxation of the Taxing Officer shall be final and conclusive as to all
matters which shall not have been objected to in the manner aforesaid.
33. No evidence shall be received by the Court upon the review of the Taxing
Officer's decision which was not before the Taxing Officer when he taxed the bill or
reviewed his taxation unless the Court otherWise directs.
34. The certificate of the Ta~ing Officer by whom any appeal has been taxed shall,
unless it is set aside or altered by the Court, be final as to the amount of costs covered
thereby.
35. Except as otherwise specially provided in these Rules the fees set out in the
Second and Fourth Schedules to these Rules may be allowed to Advocates, Advocateson-
Record and officers of the Court.
36. In defended appeals, special reference. and other proceedings the first day's
hearing fee shall be allowed in full as fixed under the Second Schedule, for the first four
and a half hours of the hearing or part thereof, subject to the provisions contained in rules
38 and 39.
37. No refresher shall be allowed unless the hearing has lasted for three hours and
the Taxing Officer shall have discretion to reduce the refresher or to allow an additional
refresher having regard to the duration of the hearing after the first three hours. The
refresher shall not be reduced by more than one half.
38. Where the hearing of a part-heard case is held up on account of the Court being
occupied with any other. matter, the time taken in the hearing of such matter shall be
taken into consideration by the Taxing Officer for purposes of a refresher.
39. In ca~es involving less than fifteen thousand Taka in value, the Taxing Officer
shall have discretion to reduce the fees, including the first day's hearing fee and the fee of
the Advocate-on-Record suitably according to the nature of the case.
40. Save as otherwise provided in these Rules, the fees provided in the Second
Schedule, other than items 1 and 2 of Part I, shall be subject to reduction in the discretion
of the Taxing Officer according to the nature of the case.
41. The allowances to be made to witnesses per diem shall be such as the Taxing
Officer may think reasonable having regard to the profession or status of the witness, but
shall not exceed Tk.50.00 per diem unless the Court otherwise directs.
42. Witnesses residing more than five miles away from the place where the Court
sits shall be allowed traveling expenses according to the sums reasonably and actually
paid by them and shall also be allowed such a sum for subsistence mopey and carriage
hire as the Taxing Officer, having regard to the daily allowances fixed under rule 41,
considers reasonable.
43. Every person summoned to give evidence shall have tendered to him with the
summons a reasonable sum for his traveling expenses, if any, and for the first day's
attendance and shall, if obliged to attend for more than one day, be entitled before giving
his ~vidence, to claim from the party by whom he has been summoned the appropriate
allowance and expenses for each additional day that he may be required to attend.
44. Witnesses who have not been paid such reasonable sums for their expenses' as
the Court allows by its Rules may apply to the Court at any time in person to enforce the
payment of such sum as may be awarded to them.
45. For the purposes of this Order a folio shall consist of one hundred words; seven
figures shall be counted as one word; and part of a folio exceeding fifty words shall be
reckoned as a folio. A document consisting of less than one hundred words shall count as
one folio.
46. Where the party having the charge of the bill does not appear on the date fixed
for taxation, the Taxing Officer may make an order. that the bill be rejected. An
application for the restoration of the bill shall be made within fourteen days from the date
of the rejection of the bill, and the Taxing Officer may Jor sufficient cause shown receive
and tax the bill.
47. A party dissatisfied with the order of the Taxing Officer under the last
preceding rule may, not later than seven days from the date of the order, or within such
further time as the Taxing Officer or the Court may allow, apply to the Court for an order
that the bill be restored.
48. Subject to any agreement in writing to the contrary the rules regulating the
taxation of costs between p.arty and party shall be applicable as far as may be to ta~ation
between Advocate-on-Record and client.
49. If an Advocate-on-Record makes an agreement in writing with his client as to
his remuneration in respect of any business done or to be done by him in any proceedings
in this Court, the amount payable under the agreement shall not be received by the
Advocate-on-Record until the agreement has been examined and allowed by the Taxing
Officer and if the Taxing Officer is of opinion that the amount is unfair or unreasonable,
he may seek the direction of the presiding Judge of the bench hearing the appeal, cause or
matter and the Judge may reduce the amount payable thereunder, or order the agreement
to be cancelled and the costs covered thereby to be taxed as if the a~reement had never
been made.
50, Where a dispute arises between the Advocate-on-Record and his client as to
fees and charges payable to the Advocate-on-Record in. any proceeding before the Court,
either party may apply to the Taxing Officer for an order to have the bill taxed in
accordance with the provisions of this. Order. The application, when made by the
Advoc~te-on-Record, shall be accompanied ~y a copy of the bill sought to be taxed.
51. The Advocate-on-Record whose bill against his client bas been taxed may
apply to the Court for an order against his client or his legal representa\ives for payment
of the sum allowed on taxation or such sum thereof as may remain due to him. The order
so made may be transmitted for execution to such Court or tribunal as the Court may
direct.
52. Where it is necessary to 'enforce payment of costs under a direction of the
RegIstrar, an order for that purpose shall be obtained from a Judge. Application for such
orders may be .made, without notice, by petition, supported by a ceitificate of the
Registrar.
53. The Court may on the application of a client or his representative in interest
direct an Advocate-on-Record to deliver up any documents or papers to the possession of
which the applicant may be entitled, and pass such other orders in this behalf as the
circumstances of the cast may require, including orders as to the costs of the application.
PART VIII
MISCELLANEOUS
ORDER XXXI
NOTICE OF PROCEEDINGS TO THE ATTORNEY-GENERAL FOR
BANGLADESH, ETC.
I
1. The Court may direct notice of any proceeding to be given,to the Attorney-
General for Bangladesh for appearance in any proceeding and the Attorney-General to
whom such notice is given shall appear if requirea by the COUl1and it shall make no
difference whether the case or proceeding relates to the Govenmlent or not:
2. The Attorney-General for Bangladesh may apply to be heard in any proceedings
before the Court, and the Court, may if in its opinion the justice of the case so requires,
pennit the Attorney General so applying to appear and be heard, subject to such terms as
to costs or otherwise as the Court may think fit.
3. Wherever the- Attorney-General for Bangladesh is directed to appear before the
Court as Amicus Curiae, the Government shall appoint an Advocate-on-Record to appear
with the Attorney-General.
4. For, the pllrpose of this order, the expression "Attorney-General for Bangladesh"
shall include an "Additional Attorney-General" or·a "Deputy Attorney-General" or an
"Assistant Attorney-General".
ORDER XXXII
FORMS TO BE USED
I. Every writ, summons, order, watTant or other mandatory process shal1 be signed
by the Registn:lr with the day and the year of signing, and shall be sealed with the Seal of
. the Court.
Explanation: For the purpose of this order the expression 'Registrar' includes a
'Deputy Registrar' and an 'Assistant Registrar'.
2. The forms set out in the Sixth. Schedule to these Rules, or fomls substantially to
the like effect with such variations as the circumstances of each case may require, shall
be used in all cases where· those forms are appropriate.
ORDER XXXIII
SERVICE OF DOCUMENTS
I. Except where otherwise provided by Statute or prescribed by these Rules, all
notices, orders or other documents required to be given to, or served on, any person shall
be served in the manner provided by the Code for the service of summons.
2. Service of any notice, order or other documents on the Advocate-on-Record of
any paI1y may be effected by delivering it to the Advocate-on-Record or by leaving it at
his place of b\lsiness, or by sending it to his address by registered post.
3. Service of any notice, order or other document upon a person, other than an
Advocate-on-record, residing at a place within the territories of Bangladesh between
which place and the seat of the COUl1there is communication by registered post, may be
effected by posting a copy of the document required to be served in a prepaid envelop
registered for acknowledgement, addressed to the party or person at the place where he
ordinarily resides:
Provided that the Registrar may direct in a particular case or class of cases, that -the
service shall be effected in the manner provided by the Code for the service of summons.
4. A document served by post shall be deemed to be served at the time at which it
could have been delivered in the ordinary course of post.
5~ Except where the notice or process has been served through the Registry, the
party required to effect the service shall file an affidavit of service, along with such proof
thereof as may be available, stating the manner in which the service has been effected.
6. Where the notice, order or other document has been served through another
Court, the service may be proved by the deposition or affidavit of the serving officer
made before the Court through which the service was effected.
7. Service effected after Court hours shall for the purpose of computing any period
of time subsequent to that service be deemed to have been effected on the following day.
ORDER XXXIV
POWER TO DISPENSE AND INHERENT POWERS
1. The Court or any Judge or Judges thereof may, for suf1icient cause shown,
excuse the parties from compliance with any of the requirements of these Rules, and may
give such directions in matters of practice and procedure as it shall consider just and
expedient.
2. An application to be excused from compliance with the requirements of any of
the Rules shall be addressed in the first instance to the Registrar, who shall take the
directions of the Court or of any Judge or Judges thereof and communicate the same to
the party or parties as the case may be.
3. The Court may enlarge or abridge any time appointed by these Rules, or fixed by
any order enlarging time, for doing any act or taking any proceeding, upon such terms (if
.any) as the justice of the case may require, and any enlargement may be ordered,
although the application therefor is not made until after the expiration of the time
appointed or allowed.
4. The Court may at any time, either of its own motion of on the application of any
party, make such orders as may be necessary or reasonable in respect of any of the
matters mentioned in these Rules. The Court may issue summons to persons whose
attendance is required either to give evidence or to produce documents, or order any fact
.to be proved by affidavit.
5. The Court shall have power to pass any decree and make any order which ought
to have been passed or made and to pass or make such further or other decree or order as
the case may require, and this power may be exercised by the Court notwithstanding that
the appeal is as to part only of the decree and may be exercised in favour of all or any of
the respondents or parties, although such respondents or parties may not have filed any
appeal or objection.
6. Where there are two or more appeals arising out of the same matter the Court
may at any time either on its own motion or on the application of any party order that the
appeals be consolidated.
7~At any time before or as soon after the commencement of arguments at the final
hearing of a case as may be feasible, the Court will ascertain from the counsel of each
party to be heard the time which the counsel's arguments on the matter are likely to take.
The Court may then fix the time for th~ arguments of each party or each counsel. The
counsel may be' permitted to supplement the oral arguments by written submission, but
will not be allowed to exceed· the time so fixed unless the Court itself considers it
necessary, or desires that h~ should do so on any matter requiring further elucidation by
oral arguments.
8. Nothing in these Rules shall be deemed to limit or otherwise affect the inherent
powers of the Court to make such orders as may be necessary for the ends of justice or to
prevent abuse of the process of the Court.
9. Where at any stage of the proceedings in the Court, there has been a failure to
comply with these Rules, the failure shall be treated as an irregularity and shall not
nullify the proceedings or the judgment. The Court may on such terms as to costs or
otherwise, as it thinks just, set aside either wholly or in part the proceedings in which
failure has occurred.
OREDRXXXV
COMMISSIONS
1. Order XXVI in the First Schedule to the Code with r.espect to commissions shall
apply except rules 13, 14, 19,20,21 and 22.
2. An application for the issue of a commission may be made by summons in
Chambers after notiGe to all parties who have appeared, or' exparte where there has been
no appearance.
3. The Court may, when the commission is not one for examination on.
interrogatories, order that the commissioner shall have all the powers of a Court under
Chapter X of the Evidence Act, 1872, to decide questions 31 to the admissibility of'
evidence and to disallow any question put to a witness.
4. The commissioner shall record a question disallowed by him and the answer
thereto, but the same shall not be admitted in evidence until the Court so directs.
5, Unless otherwise ordered the party, at whose instance the commission is ordered
to issue, shall lodge in the Court copies of the pleadings and issues in the case within
twenty· four hours of the making of the order and those copies shall be annexed to the
commission when issued.
6. Any party aggrieved by the decision of the Commissioner refusing to submit
documentary evidence may apply to the Court within a period of fourteen days of the
date of the submission of the report to set aside the decision and for direction to the
commissioner to admit the evidence.
7. After the deposition of any witness has been taken down and before it is signed
by him, it shall be read over and, where necessary translated to the witne~s. Every page of
the deposition shall be signed by him and left with the commissioner who shall subscribe
his name and the date of the examination.
ORDER XXXVI
DESTRUCTION OF RECORDS
I'. There shall be an index of the records 111 every case 111 the form prescribed
below:-
Index of Papers
m
Civil Appeal No. of
(or Criminal Appeal NO'.
or Case No. ) or Petition No,
Cause Title
Serial
No.
Date of filing the
paper in the record,
Description
of paper
No. of the part to
which it belongs.
2. The' record in each case shall be divided into two parts. Part J to be preserved
perma!J,ently and Part II to be preserved for a period of three 'years.
3. Each paper as and when it is filed in the record, shall be numbered and entered in
the Index and classified under the appropriate part to which it belong,s.
4, The period for which any particular record is to be preserved shall be reckoned
.from the date of the final decree or order in the proceeding to which the record belongs,
and in case a Review is filed against the decree or order from the date of final Decree or
order made on Review. In the case of registers, the period shall be reckoned from the date
of the last entry in the Register.
5. the Registrar may direct that any paper assigned to Part II be transferred to Part
I for being preserved permanently.
6. Records which do not fall under Part I or Part II as classified below. shall be
referred to the Registrar who shall decide the part under which they should be included.
7. When any record is ripe for destrUction, it shall either be burnt or sold as wastepaper,
as the Registrar may in his discretion direct.
8. Where the record is sold as waste-paper, the sale-proceeds shall be credited to
Government.
9. As soon as a record is destroyed, a note shall be made in the Index against the.
record showing that it has been diestroyed and the date of destruction.
The following papers shall be included under Part I (to be preserved
permanently) :-
1. Index.
2. Judgment.
3. Decree or Order.
4. Ordt;:r for costs.
5. Pleadings (plaint, written statement, set-off and counter-claim).
6. Authenticated copy of the printed record.
7. Petition of appeal.
8. Concise Statement.
9. Original Petitions including leave petitions.
10. Interlocutory applications other than applications for condonation of delay and
other formal a·pplications.
11. Orders on petitions.
12. References received under Art. 106 of the Constitution.
13. Memorandum of compromise.
14. Title deeds, if any, remaining unreturned to any party.
15. Any other records or papers which the Registrar may direct to be included in
this part.
I. Minutes Books.
2. Registers of Suits, Civil and Criminal appeals, leave petitions, special
references and miscellaneous petitions and matters.
3. Rolls of Senior Advocates, Advocates and Advocates-on-Record and
enrolment files.
PART II
The following papers shall be included in Part II and shall be destroyed after a
period of three years as indicated below:-
1. Power of Attorney and memo of appearance.
2. Affidavits.
3. Applications for condonation of delay and such other formal applications
4 . Correspondence in cases.
5. Unclaimed documents filed by parties other than title deeds.
6. Office notices in the case files.
Registers, files and miscellaneous
7. Taxation files including bills of costs.
8. Register of bills of costs.
9. Dispatch Registers.
10. Surplus copies of printed records, and of pleading and petitions.
II. Copies of summons and notices.
12. Copying Register.
FIRST SCHEDULE
SENIOR AND OTHER ADVOCATES
1. A Senior Advocate shall not appear or plead without a junior, except in a case in
which he is instructed by an Advocate-on-Record.
2. A Senior Advocate shall not accept instructions to draw pleadings, affidavits,
advice on evidence or to do any drafting work of an analogous kind, but this prohibition
shall not extend to settling any such matters as aforesaid in consultation with a junior.
3. An enrolled Advocate may, if otherwise qualified, apply to be enrolled in the list
of Senior Advocates and any fee payable by him on enrolment shall be reduced by the
amount of the fee paid by him on his original enrolment.
4. A Senior Advocate appearing with another Senior Advoc'\te Senior to l1imself
shall be entitled to, and shall be paid a fee not less than two-thirds of the fee marked on
the brief of that other Advocate, and a junior appearing with a Senior Advocate or with
any other Advocate Senior to himself shall be entitled to, and shall be paid, a fee not less
than one-third and not more than two-thirds of the fee marked on the brief of the Senior
or other Advocate, but this rule sha II not apply in the case of a second junior.
5. A Senior Advocate may inform the Court that he will not accept any brief, or any
brief of a specified class, without a special fee of a named amount in addition to the
ordinary fee marked on the brief and shall not so I~g as he does not inform the Court to
the contrary accept a brief or a brief of the specified class without that special fee.
6. An Advocate appearing with a Senior Advocate whose brief is marked with a
special fee in accordance with the last preceding rule shall only be entitled to his proper
proportion of the ordinary fee marked on the Senior Advocate's brief and not to any
proportion of the special fee. .
7. Any disputes arising under this Schedule shall be referred to and determined by
the Chief justice.
51
SECOND SCHEDULE
FEES TO ADVOCATE
PART I
Fees on brief Refresher
Not Not
exceeding exceeding
1. Defended Appeals Senior Tk,1000'00 1'1<.500'00
and reference under the Junior when himself pleading Tk.500·00 Tk. 250'00
constitution. without a Senior. Junior when
appearing along with a Senior Tk. 300'00 Tk. 150'00
(and not pleading himself).
2. Undefended Appeals leading Senior A-dvocate Tk. 500'00 No
Leading Junior Advocate Tk. 300'00 Refresher.
3. Leave Petitions. Senior Tk.500·00 No
Junior when himself pleading Tk.300·00 Refresher.
without a Senior.
Junior when appearing Tk. 150'00
along with a Senior (and
not pleading himself).
4. Miscellaneous Senior (if allowed) Tk.300·00 No -
Petitions when Junior. Tk. 150'00 Refresher.
Opposed.
5. Miscellaneous Senior (if allowed) Tk.300·00 I No
Junior Tk. 100'00 Refresher.
6. Chamber One fee only Tk.300·00 No
Applications when Senior (if allowed) Tk.150·00 Refresher.
Opposed. Junior.
7. Chamber One fee only Tk. 300'00 No
Applications when Senior (if allowed) Tk. 100'00 Refresher.
unopposed or exparte. Junior
8. Review PCllllons Senior Tk.300·00 I No
Junior Tk. 150'00 Refresher.
9. Attending .... Tk. 50'00 No
Taxation(Advoeatc one Refresher.
fee only).
1. To Junior Advocate for drawing Leave Petitions
inclusive of affidavits in support thereof.
To the Senior for settling the above
2. To Junior Advocate for drawing other petitions
or affid3vits (except petitions of formal nature
e.g. condonation of delay; etc. and affidavits
cOlmecled therewith).
3. To Junior Advocate for drawing concise statement
in Appeal or a Special Case.
(a) When settled by Senior
(b) When not settled by Senior
To Senior Advocate for settling in above
4. Conference with (Advocate-on-Record) if allowed
5. Senior Advocate (for certifying that a case is fit
for review).
Tk. 200'00
Tk. 50'00
Tk. 100'00
Tk. 10000 to ) 50'00
Tk. 150'00
Tk.75·00
Tk. 150'00
fec~ set out in Parts I and II of this Schedule for Junior Advocatcs shall be aiJowed
to Advocates-on-Record where admissible under the Rules.
THIRD SCHEDULE
TABLE OF COURT FEES
PART I
1. Filing and registering petition to transfer cases
or appeals under Section 525A of the Code of
Criminal Procedure (Act V of 1898).
PART II
APPELLATE JURISDICTION
1. Filing and lodging petition for Leave to Appeal
2. On the appeal as provided by order XIV Rule
13 where the amount or value of the subject
matter in dispute on appeal is
I"1[Tk.700'00]
IH[Tk.700'00]
I'trk. 20,000 J or
below that sum,
211Tk. 30'00]
for every thousand taka
or part to.
If, The word and figure ·'Tk. 250.00" were substituted bv the word and figure ·'Tk. 750.00" , ibid.
P The word and figure "Tk. 350.00" were substituted by the word and figure "Tk. 700.00" , ibid.
" The w.ord and figure "Tk. 350.00" were substituted by the word and figure "Tk. 700.00", ibid.
:" The word and figure "Tk. 15,000" were substituted by the word and figure "Tk. 20,000", ibid.
~II The words and figure "in ex\:ess ofTk.15,OOO'· were substituted by the words and figure "in excess or
TUO,OOO", ibid.
:'i The word and tigure ''Tk. 10.00" were substituted hy the word and figure "Tk. 30.00". ihid
In cases where it is not possible to estlrnate at a
money value the subject matter in dispute.
Provided:
that the maximum fee payable in any case
shall not exceed
Half the iCe paid on
original proceedings
(ii) that where an appeal is brought by leave
granted by this Court credit shall be given to
the appellant for the amoUnt of Court- fee
paid by him on the petition for leave
to appeal.
3. Filing and lodging concise statement or caveat
4. Applications for Review of Judgment including
the filing.
5. Petition to proceed in forma pauperies
PART III
MISCELLANEOUS.
1. Entering in register of petitions, appeals or matters,
name of representatives of a deceased party
or of a substituted or added party.
2. Summons or notice to a respondent to a petition
or to a memorandum of appeal for not more
than five persons (with an additional fee of
28[Tk. 10.00] for every person in excess of five.)
Additional fee for every person in excess of five
3. Entering appearance
(a) Amending appearance
4. Power of Attorney
5. Filing fee for every document for which a fee is
not specially provided, including documents
annexed as exhibits, if any or produced with
plaint or used in evidence each document.
2lJ[Tk. 10'00]
.1o[Tk.25'00]
.11[Tk.25·00!
.12[Tk~25'001
"[Tk. 25'00]
22 The word and figure "Tk. 350.'00" were substituted by the word and figure "Tk. 500.00", ibid.
2J The word and figure "Tk. 4,000.00" were substituted by the word and ligure "Tk. 1,00,000", ihid
24 The word and figure "Tk. 25.00" were substituted by' the word and figure "Tk. 75.00", ibid.
2; The word and ligure "Tk. 5.00" were substituted by the word and figure 'Tk. 10.00". ibid
26 The word and figure "Tk. 5.00" were substituted by the word and figure'Tk. 15.00", ibid.
27 The word and figure 'Tk. 20.00" were substituted by the word and figure "Tk. 50.0Cr', ibid.
2' The word and figure 'Tk. 1.00" were substituted by tile word and figure "Tk. I0.00", ibid.
2" The word and figure 'Tk. 2.00" were substituted by the word and figure "Tk. I0.00", ibid.
JIJ The word and figure 'Tk. 5.00" were substituted by the word and figure "Tk. 25.00", ibid.
JI The word and figure "Tk. 5.00" were substituted by the word and figure ·Tk. 25.00", ibid.
]2 The word and figure "Tk. 10.00" were substituted by the word and figure "Tk. 25.00", ibid.
JJ The word and ligure 'Tk. 500" were substituted by the word and figure "Tk. 25.00", ibid.
I). Evcry application to the Court not specially
provided for.
7. Every applications to a Judge in Chamber, the
Registrar or Taxing Officer, not specially provided for.
8. Every requisition 10 draw up an order, including
fee for filling the Order.
9. Wanant, Writ, Summons or other process not
specially provided for, for not more than five persons.
10. Every certificate or report of a Judge in
Chamber or of Registrar on an investigation.
11. Every other certificate for which a fee is not
specially provided.
12. Commission to examine witnesses or:other
Commission.
13. Production by an Officer of the Court in any
other court or before a Commissioner of records
of any suit, matter or appeal exclusi ve of travelling
expenses, and halting charges.
14. For production of records by post, exclusive or
postage, registration and insurance fees.
14 The word and figure "Tk. I0.00" were substituted by the \"ord and figure ·'Tk. 20.00", ibid.
15 The word and figure "Tk. I0.00" were substituted by the word and figure "Tk. 20.00", ibid.
10 The word and figure "Tk. 10.00" were substituted by the word and figure "Tk. 20.00", ibid.
31 The word and figure "Tk. 20.00" were substituted by the word and figure 'Tk. 50.00", ibid.
IX The word and figure "Tk. 2.00" were substituted by the word and figure "Tk. 10.00", ibid.
3'J The word and figure "Tk. 20.00" were substituted by the word and figure "Tk. 50.00", ibid.
4(1 The word and figure 'Tk. 10.00" were substituted by the word and figure "Tk. 20.00", ibid.
41 The word and figure "Tk. 25.00" were substituted by the word and figure "Tk. I00.00", ibid.
" The·word and figure'Tk. 25.00" were substituted by the word and figure "Tk. 75.00", ibid.
43 The word and figure 'Tk. 10.00" were substituted by the word and figure "Tk. I00.00", ibid.
44 The word and figure "Tk. 15.00" were substituted by the word and figure "Tk. 35.00", ibid
" The word and figure 'Tk. 5.00" were substituted by the word and figure .'Tk. 15.00", ibid.
18. For every oath or affirmation administered to
witness.
19. For every certified copy of decree. Judgment or
other document in addition to the folio or other
charges.
20. Every requisition for duplicate or other copy of
any document.
21. For copies of any document, per folio less
requisition fee paid.
22. For amending pleadings or other proceedings
order of the Court per folio.
23. Upon all money or securities paid to the
Registrar or deposited with him.
A Commission of 1 per cent and 21;2 per cent
interest drawn on invested money.
46 The word and figure "Tk. 5.00" were substituted by the word and ligure "Tk. 15.00", ibid.
47 The word and figure ·Tk. 5.00" were substituted by the word and figure "Tk. 15.00", ibid.
4X The word and figure 'Tk. 10.00" were substituted by the word and figure ··Tk. 30.00", ibid.
4~ The word and figure "Tk. 5.00" were substituted by the word and figure "Tk. J 5.00", ibid.
\11 The word and figure "Tk. 2.00" were substituted by the word and figure "Tk. 10.00", ibid.
51 The.word and figure 'Tk. "5.00" were substituted by the word and figure "Tk. 15.00", ibid.
'2 The word and figure "Tk. 5.00" were substituted by the word and figure 'Tk. 15.00", ibid.
53 The word and figure "Tk. 5.00" were substituted by the word and figure "Tk. I0.00", ibid.
54 The word and tigure "Tk. 5.00" were substituted by the word and figure "Tk. \.0.00", ibid.
,5 The word and tigure 'Tk. 5.00" were substituted by the word and figure "Tk. I0.00", ibid.
\6 The word and tigure "Tk. 20.00" were substituted by the w'ord and tigure 'Tk. 35.00", ibid.
57 The word and ligure "Tk. 2.00" were substituted by the word and tigure "Tk. 5.00", ibid.
IX The word and figure 'Tk. 5.00" were substituted by the word and figure 'Tk. 10.00". ibid.
50 The wm-d and figure "Tk. 20.00" were substituted by the word and figure "Tk. 50.00", ibid.
FOURTH SCHEDULE
FEES TO ADVOCATE-aN-RECORD
1. Receiving instructions for special affidavits
or petitions.
2. Drawing affidavits, petitions and all other
necessary documents not specially provided
for exclusive of copies inserted therein
up to ten folios.
4. Drawing notice of motion and other necessary
notices except notice to witnes"e~.
5. Drawing notice on opposite parties of entering
appearance or lodging petition of appeal or
concise statemeni.
6. Drawing observations or instructions for
Advocate to accompany brief to be shown
at taxation .
.7. Drawing particulars of claim or counter claim
Where required.
8. (a) Preparing copies of documents other than
tabulated statements and accounts whether
written or typed, first copy per folio.
(b) Preparing carbon copies of above, if legible,
per folio.
(c) Preparing copies of tabulated statements and
accounts, per folio.
60 The words and tigures ·'Tk. 10.00 to 30.00" were substituted by the words and ligures "Tk. 50.00 to I00.00". ibid.
6' The words and figures "Tk. I0.00 to 30.00" were substitutecl by the words and ligures "Tk. 30.00 to 100.00". ibid.
1>2 The word and jigure "Tk. 2.00" were substituted by the word and tigure "Tk. 5.00", ibid.
1>, The word and figure "Tk. 25.00" were substituted by the word and figure "Tk. 60.00", ibid
(,4 The word and jigure ·'Tk. 10.00" were substituted by the word and tigure "Tk. 20.00", ibid.
65 The word and figure "Tk. 5.00" were substituted by the word and figure "Tk. f 5.00". ibid.
66 The words and ligures ·'Tk. 30.00 to 60.00" were substituted by the words and ligures "Tk. 50.00 to 100.00", ib/ll.
1>7 The words and figures "Tk. 5.00 to 15.00" were substituted by the words and figures ·'Tk. 25.00 10 30.00" .ibid'
6K The word and tigure "Tk. f .00" were substituted by the word and tigure "Tk. 7.00", ibid.
69 The word and figure "Tk. 0.50" were substituted by the word and figure "Tk. 2.00", ibid.
70 The word and figure ·'Tk. 2.00" were substituted by the word and figure "Tk. 7.00", ibid.
(e) Preparing printed copies per folio for each
copy.
9. Serving every necessary notice, summons to a
witness or other judicial process which may be
served by Advocate-on-Record or his clerk or
by po't.
When required to serve outside the Municipal
limits of the seat of the Court-besides traveling
expenses actually incurred per day.
10. Receiving, filing or depositing any papers from
or in the Registry
II. Attendance before the Colirt or Judge or an
officer of the Court not othenvise provided for,
if allowed.
12. Attending every application to Registrar when
contested, if allowed.
Attending every application to Registrar when
uncontested, if allowed.
13. Attendance on client or opposite party at the
office of the Advocate-on-Record of either party
where a letter would not suffice.
15. Pemsing documents received from opposite party
or obtained from the Court, where necessary, in
the discretion of the Taxing Officer upto
'/1 [Tk. 2'001
"f2[Tk. 5'001
SO[Tk. 10'00]
81 [Tk. 10'00 J
82[Tk. 30'00]
II The word and figure ·'Tk. 0.50" were substituted by the word and figure "Tk. 2.00", ibid.
72 The word and figure'Tk. \.00" were substituted by the word and figure "Tk. 5.00", ibid.
7, The word and figure "Tk. 5.00" were substituted by the word and figure "Tk. 10.00", ibid.
74 The word and tigure "Tk. 15.00" were substituted by the ~ord and ligure "Tk. 40.00", ibid.
15 The word and figure ''Tk. 4.00" were substituted by the word and figure "Tk. I0.00", ibid.
7(, TIle words and figures "Tk. 20.00 to 25.00" were substituted by the words and ligures "Tk. 40.00 to 75.00", ibid
Ti The word and figure "Tk. \5.00" were substituted by the word and figure "Tk. 30.00", ibid.
"The word and figure "Tk. I0.00" were substituted by the word and figure "Tk. 20.00". ibid.
" The words and figures ·'Tk. 20.00 to 25.00" were substituted by the words and figures "Tk. 25.00 to 75.00':.·/bid'
'" The word and figure "Tk. 5.00" were substituted by the word and figure ''Tk. 10.00", ibid.
" The word and figure "Tk. 5.00" were substituted by the word and figure "Tk. I0.00", ibid.
'2 The word and figure "Tk. 15.00" were substituted by the word and figure ·'~k. 30.00". ibid.
17. Attending execution of Security Bond at the
Advocate-on-Record's house or office or at
the Court House.
831Tk. 10'00 to Tic 20'00]
84[Tk. 15'00]
18. Attending Court upon the swearing of every
necessary affidavit (including attendance upon
the Interpreter to have same explained).
19. Attendances in the Registry, if necessary
inspecting documents, books and accounts
by Advocate-on-Record per hour.
21. Attending, obtaining and filing copies of
decrees or orders in the Registry.
87[Tk. 20'00]
88[Tk. 10'00]
22. Attending Advocate delivering brief
with instructions.
Attending Advocate, delivering
additional briefs
24. Attending Advocate, fixing time for
consultation or conference.
91 [Tk. 10'00]
92[Tk. 10'00]
24. (a) Attendance of appeals or matters
each day, if contested.
93[Tk. 150 per hour maximum
Tk.600]
(b) Attendance of appeals or matters
each day, if uncontested.
25. Attendance in Court when appeal or
matter is on day's list for hearing,
if not called on per day.
,) The words and ligures "Tk. 5.00 to 10.00" were substituted by the words and figu':es "Tk. 10.00 to 20.00". ibid.
X4 The word and figure "Tk. I0.00" were substituted by the word and figure "Tk. 15.00;', ibid. .
'5 The word and figure "Tk. 5.00" were substituted by the word and tigure "Tk. 10.00". ibid.
'6 The word and figure "Tk. 20.00" were substituted by the word and figure "Tk. 35.00", ibid.
WI The word' and figure "Tk. 15.00" were substituted by the word and figure "Tk. 20.00", ibid.
" The word and tigure "Tk. 5.00" were substituted by the word and figure "Tk. I0.00", ibid.
,y The word and figure 'Tk. 25.00" were substituted by the word and figu;'e 'Tk. 35.00", ibid.
<X, The word and figure "Tk. 10.00" were substituted by the word and figure "Tk. 20.00", ibid.
')1 The word and tigure "Tk. 5.00;' were substituted by the word and figure "Tk. 10.00", ibid.
')2 The word and figure "Tk. 5.00" were substituted by the word and tigure "Tk. 10.00", ibid.
')) The words and figures "Tk. I00.00 per hour maximum 300" were substituted by the words and figures "Tk. 150.00 per hour
maximum 600", ibid.
')4 The word and tigure "Tk. 50.00" were substituted by the word and figure "Tk. 75.00", ibid.
26. Attending Courl to hear judgment where
judgnient is reserved,
if Advocate is not briefed 95[Tk. 35'00j
%1 Tk. 25001
<)·'[Tk. 35'0°1
28. Attending Judge in Chamber or Registrar 9grTk. 35'001
at hearing or enquiry on review of taxation
before Taxing Officer, if Advocate is not
briefed, per hour
29. Attending on local enquiry or Commission
to examine witnesses within the municipal
limits of the seat of the Court, where
personal attendance of Advocate-on-Record
is required per hour.
31. Writings letters to witnesses, if any for each
witness.
IOILTk. 10'00 to 15'00j
I02[Tk. 15001
32. Wnting letter of instructions to legal
practitioner attending examination of
witness on commission when Advocate
on Record cannot attend personally.
33. Necessary translations made by tTanslators
approved by Court per folio.
34. Receiving instructions to appeal, including
petitions.
35. Receiving instructions to sue, or defend
andlor to counter claim.
y; The word and figure 'Tk. 25.00" wen: substitutcd by the word and tigure "Tk. 35.00". ibid.
% The word and figure 'Tk. 15.00"\vere substituted by the word and figure "Tk. 25.00", ibid.
"' The word and figure ·Tk. 25.00" were substituted by the word and tigure "Tk. 35.00". ibid.
Y' The word andllgure "Tk. 25.00" were substituted by the word and figure "Tk. 35.00", ibid.
'''The word and tigure "Tk. 10.00" were substituted by the word and tigure '·Tk. 20.00", ibid.
I'" The word and figure '·Tk. 15.00" were substituled by the word and figure "Tk. 35.00", ibid.
In, The words and figures "Tk. 5.00 to I0.00" were substituted by the words and ligures "Tk. I0.00 to 15.00", ibid.
"'2 The word and figure 'Tk. 5.00" were substituted by the word and figure "Tk. 15.00", ibid.
In) The words and figures "Tk. 5.00 to 10.00" were substilliled by the words and ligures ·'Tk. 10.00 to 20.00", ibid.
II~ The word and tigure "Tk. 2.00" were substituted by thc word and tigure "Tk. 20.00", ibid.
HI; The words and figures "Tk. 50.00 to 75.00" were subSlituted by the words and figures "Tk. 75.00 to 150.00". ib,,'
11<, The word and figure "Tk. 50.00" were substituted by the word and figure ·Tk. 75.00". ibid.
lOS[Tk. 15'00 \0 25'00J
IO?[Tk. 35'001
40. Making transcript or copying papers lIO[TIe 10'00]
for the press where necessary for
preparing paper book, including
examination, per folio.
Actual Cost at a reasonable
rate to be allowed
by the Taxing Oflicer.
111[Tk. 2'00J
112lTk. 1'50 J
43. Preparation of the case and other unforeseen
works.
I. fees of interpreter for explaining at the house
of a party or any place other than the Coun
House, pleadings & other documents except
affidavits or affirmations where not exceeding
20 [olios.
(a) Where over 20 folios, for every 10 folios
or part thereof.
2. Fees of Registrar [or taking bonds at the house
of a party or any place other than the Court
House:
(a) For the first bond. where within the
Municipal limits of the seat of the Courl.
'"7 The word and figure "Tk. 25.00" were substituted by the word and figure "Tk. 35.00", ibid.
t." l1,e words and ligures "Tk. 10 to 20.00"were substituted by the words and ligures "Tk. 15.00 to 25.00". iblli.
;oy The word and figure "Tk. 25.00" were substituwd by the word and figure "Tk. 35.00", ibid.
I'" The word and figure 'Tk. 2.00" were substituted by the word and figure ,vrk. 10.00", ibid.
'" The word and figure'Tk. 1.00" were substituted by the word and figure 'Tk. 2.00", ibid.
il2 The word and figure 'Tk. 0.50" were substituted by the word and ligure "Tk. 1.50", ibid.
t 11 The word and figure "Tk. 20.00" were substituted by the word and figure "Tk. I00.00", ibid.
114 The word and figure ·Tk. 5.aO" were substiMed by the word and ligure "Tk. I0.00", ibid.
115 The word alld!igure "Tk. 40.00" were substituted by the word and figure "Tk. I00.00", ibid.
(c) For every bond taken at the same time and
place after the first, in the same suit, appeal
or matter.
3. Fees of Registrar and Commissioners for taking
affidavits or affirmations at the house of a party
or any place other than the Court House :-
(a) For the first affirmation where within
the Municipal limits of the seat of the
Court.
• (c) For every affidavit, oath or
affirmation taken at the same time
and place after the first in the same
suit, appeal or matter.
4. Fees of Registrar and Commissioners for
receiving affidavits, oaths or affirmation
at the Court House for every affidavits,
oath or affirmation.
5. Fees of interpreter for explaining bonds.
affidavits or petitions at the house of a
party Or any place other than the Court
House.
Equal to the fees allowed
to Registrar or Commissioner.
1. All records and other proceedings in appeals or other matters pending before the
Court shall be printed in the fom1 known as Demy Quarto.
2. The size of the paper used shall be such that the sheet. when folded and trimmed.
will be 11 inches in length and st inches in width.
II. Tht: word and tigure ·'Tk. 50.00" were substituted by tht: word and tigure ··Tk. 100.00", ibid.
117 The word and figure "Tk. 20.00" were substituted by the word and figure ·Tk. 40.00", ibid.
Ilk Tht: word and figure 'Tk. 40.00" were substituted by the word alJd ligure 'Tk. 100,00", ibid
m The word and figurt: ·'Tk. 50.00" were substituted by the word and figure ·Tk. Ion.oo", ibid.
1211 The wore! and figure "Tk. 20.00" were substituted by the word and figure 'Tk. 40.00", Ibid.
121 The word and figure "Tk. 5.00" were substitutl;)d by the word and figure "Tk. 15.00", ibid
" I lie lype to be used in the text shall be pica type. but long Primer shaH be used in
pnnt111~~accounts tabular matter and notes. The number of lines in each page of Pica type
'L .}"7t'l' thcrcahouls. and every tenth line shall be nUlnbered in the ll1argin.
!'..\ RT·J: The pleadings and proceedings, the transcript of the evidence of the
. ·lesscs. the judgment, decrees, etc. of the Courts below down to the order admitting
Ih aplwal.
5. The mdex to 'Pan-l shaH be in chronological order and shall be placed at the
be'f' 11111inogf the volume. •
I he index LO Part-ll shall [oHow the order of the exhibit mark, and shall be placed
'll',nedlillel) il!leI' the lIldex to Part-I.
h. P/\RT-I shall be arranged strictly in chronological order i.e .. in the same order
as Illl llIdeK.
PART-II shall be alTanged in the most convenient way for the use of the Court, as
the circumstances of the case require. The documents shall be printed as suitable in
chronological order. Each document shall show its exhibits mark, and whether it is a
plaintirt's or defendant's document (unless this is clear from the exhibit mark) and in all
cases documents relating to the same matter such as :
(b) proceedings in a matter other than the one under appeal; shall be kept
together. The order in the record of the documents in Part-II wiH probably be
different from the order of the index and the proper page number of each
document shall be inserted in the printed index.
! he panics will be responsible for arranging the record in proper order for the
l' 'llit. ,1110 in difficult cases counsel may be asked to settle it.
7. The documents in Part-I shall be numbered consecutively. The documents in
Pan-li shaH not be numbered, apart fi'om the exhibit mark.
8. Each document shall have a heading which shall consist of the number of exhibit
mark and the descripllon of the document in the index, without the date.
9. Each document shall have a marginal note which shall be repeated on each page
0\'Cr which the document extends, viz.-
(a) Where the case has been before more than one court, the short name of the
court sha1l first appear. Where the case has been before only one coun the
name of the court need not appear.
(b) The marginal note of the document sha1l then appear consisting of the
number and the description of the documents in the index, with the date,
except in the case of oral evidence.
(c) In the case of the oral evidence, "Plaintiffs evidence" "Defendant's
evidence" shall appear beneath the name of the Court, and then the marginal
note consisting of the number in the index and the witness's name. with
"Examination", "cross-Examination", or "re-Examination", as the case may
be.
The marginal note of the exhibit sha1l then appear consisting of the exhibit mark
and the description of the document in the index with the date.
10. The palties shall agree to the omission of formal and ilTelevant documents, but
the description of the document may appear (both in the index and in the record) if
desired, with the word "not printed" 'lgainst it.
A long series of documents such as accounts, rent rolls, inventories, etc. shall not
be printed in full, unless counsel so advises, but the parties shall agree to short e~tracts
being printed as specimens.
11. In cases where maps are of an inconvenient size or unsuitable in character, the
appellant sha1l, in agreement with the respondent, prepare maps drawn properly to scale
and of reasonable size, showing as far as possible, the claims of the respective parties. in
different colours.
(i) for preparing rough estimate of printing
typing charges-
(iii) for every additional copy other than
the first 12 copies.
Forms.
No.1
SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
Certificate of Enrolment of Senior Advocate, Advocate or Advocate-on-Record
(ORDER IV)
THIS IS TO CERTIFY, that
has this day been admitted and enrolled as a Senior Advocate/as an Advocate/as an
Advocate-an-Record in the Appellate Division of Supremc Court of Bangladesh.
No.2
Undertaking by Advocate-on-Record
(ORDER IV)
1, the undersigned, do hereby solenmly affirm and declare that I will observe,
submit to perform, and abide by all and every orders. rules, regulations, and practice of
the Appellate Division of Supreme Court of Bangladesh now in force or hcreafter from
time to time to be made, and also to pay and discharge, from time to time when the same
shall be demanded, all fees, charges, and sums of money due and payable in respect of
any appeal. cause or other matter in and upon which I shall appear as such Advocate-on-
Record. and that 1 shall maintain a regular account for each case in such forms the Court
may prescribe in respect of all sums received or disburscd on behalf of my client in
respect of any such appeal, cause or other matter.
No.3
Undertaking by Advocate-on-Record
(OlUJER IV)
1, the undersigned, a partner in the firm do hereby
solemnly affirm and declare that 1 will observe, submit to perronn, and abide by all and
every orders, rules, regulations, and practice of the Appellate Division of Supreme Court
of Bangladesh now in force or hereafter from time to time to be made, and also to pay
and discharge, on behalf of myself and the firm, from time to time, when the same shall
be demanded, all fees, charges, and sums of money due and payable in respect of any
appeal, cause or other matter in and upon which I shall appear as an Advocatc-on-
Record-partner of the firm ; and that the firm shall maintain a regular account for each
case in such form as the Court may prescribe in respect of all sums rcceived or disbursed
on behalf of the client of the firm in respect of any such appeal, cause or other matter.
No.4
Indemnity Bond by Advocate-on-Record
(ORDER IV)
WHEREAS 1, (namc.
description and address) have subscribed to an undertaking to pay and discharge on
behalf of myself or of the firm namely Advocate-an-Record in which I
am a partner, from time to time and as and when the same shall become due or be
demanded, all fees, charges, costs and other sums of money due or payablc in respect of
any appeal, cause or other matter filed by me or by the said Firm or in which I or the said
Firm shall have appeared or filed any power as an Advocate-an-Record or as a Firm of
Advocates-an-Record.
NOW, THEREFORE, BY THESE PRESENTS I agree and consent to pay and r
always to keep the Court indemnified against all such fees. charges, costs and other sums
as may be found to be due or payable in respect of anyone such appeal, cause or other
matter or as may be demanded from me or from the said Firm up to the extent of Taka
Five Thousand (Tk. 5,000.00), and in the event of the same not being paid within seven
days (7 days) of the service of the notice of demand or within such further time as may be
allowed by the Court, execution may issue forthwith against me, my heirs, executors and
administrators," goods and chattel for a sum not exceeding Taka Five thousand
(Tk.5,000.00) .
IN WITNESS whereof I have on this the day of .
affixed my hand and seal.
No.5
POWER OF ATTORNEY TO ADVOCATE-ON-RECORD
(ORDER-IV)
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
(APPELLATE JURISDICTION)
(Residence and addition of place)
Appellant(s) /Petitioner(s)
Respondent(s)/Opposite Party.
In the above AppeallPetitioniReference do hereby appoint and constitute
Mr.. , Advocate-on-Record, Appellate Division, Supreme Court of
Bangladesh, the Advocate-on-Record for the aforesaid appe llant/petitioner(s)/
Respondent(s) to commence and prosecute (or to appear and defend) this action
appeallPetitionlReference on my (our) behalf and all proceedings that may bc taken in
respect of any application connected with the same including proceedings in taxation and
applications for review, to draw and deposit money, to file and take back documents. to
accept the pr6cesses of the Court, to appoint and instruct counsel, to represent the
aforesaid appellant or petitioner(s) or respondent(s) or opposite party in the above matter
and to do all things incidental to such acting for the aforesaid appellant or petitioner(s) or
Respondent(s) to ratify all acts done by the aforesaid Advocate-on-Record in pursuance
of this authority.
In witness whereof I/we do hereunto set my (our) hand(s) this the .
day of 20 .
No.6
FORM OF SUMMONS FOR AN ORDER IN CHAMBER
(OIillER-V)
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
(APPELLATE JURISDICTION)
Let all parties concerned attend before in Chamber at the Supreme
Court Building on the day of 20 at .
O'clock in the forenoon on the hearing of an application on the part of the abovenamed
(state on whose behalf the application is made and the precise object of the application) .
This Summons was taken out by Mr. , Advocate-on-Record for the
Appellant.
Mr. , Advocate-on-Record (for the persons to be
served) .
No.7
NOTICE 01< APPEAL FROM REGISTRAR
(ORDER-V)
IN THE SUPREME COURT OF BANGI.ADESU
APPELLATE DIVISION
(APl'ELLATE JURISDICTION)
Take notice that the above named Appellant/Petitioner(s) intends to appeal against
the decision of the Registrar given on the day of .
(ordering or. refusing to order) that .
And further take notice that you are required to attend before the Judge in Chamber
at the Supreme Court Building in the day of 20 O'clock
in the forenoon on the hearing of an application by the said appellant/petitioner (here
state the order sought to be ·obtained).
No.8
NOTICE OF MOTION
(ORDER-VI)
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
(APPELLATE JURISDICTION)
Take notice that the Court will be moved on the day of 20 at
................... O'clock in the forenoon or as soon thereafter as Counsel can be heard [State
by whom, and counsel on the part of the abovenamed or by the abovenamed defendants
in person, or on the part of (insert place of residence, description and addition of
applicant, if not a party to the proceedings], that (here state the prec'ise object of the.
motion, as thus: this action may stand dismissed for want of prosecution).
State (name of the Advocateon-
Record or party to whom
the notice is given)
State name, etc. of Advocateon-
Record, party for giving notice.
No.9
FORM OF OATH BY TRAt~SLATOR
(OJtI>lGI{-'III)
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DNISION
In the matter of:
a translator.
I, solemenly affinn and say that I wilrtranslate
correctly and accurately all documents given to me for translation.
No. 10
APPLICATION FOR PRODUCTION OF RECORDS
(ORDER-IX) .
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
(APPELLATE JURISDICTION)
To
The Registrar,
Supreme Court of Bangladesh,
Appellate Division,
Dhaka.
Please produce the records of the above case before on
Dated this the day of 20 .
No. 11
.NOTICE TO PARTIES OF THE DAY
FIXED FOR DELIVERY OF JUDGMENT
(ORDER-X)
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
(API)ELLA TE JURISDICTION)
Take notice that the Court will deliver judgment in the abovenamed case on the
........................ -day of 20 at day of in
the forenoon, or as soon thereafter as may be convenient to the Court.
No.l2
NOTICE TO RESPONDENT OF LODGING
OF APPEAL
(ORDER-)(II)
. IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
(APPELLATE JURISDICTION)
Appeal from the judgment (or decree or final Order) of the High Court Division of
Supreme Court of Bangladesh : at dated the .
of 20 .
(Here give number of case in High Court Division) was presented by the
abovenamed appellant on the day of 20 and has been
registered in the Court as Criminal Appeal No of 20 .
Dated, this the : day of 20 .
No. 13
MEMORANDUM OF APPEARANCE IN PERSON
(ORDER-XVII)
IN THE SUPREME COURT OF BANGLADESH
APPELLA TE DIVISION
(APPELLA TE JURISDICTION)
To
The Registrar,
(Signature of Respondent)
Address for service.
No. 14
NOTICE OF APPEARANCE
(ORDER-XVII)
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
(APPELLATE JURISDICTION)
(the Petitioner! Appellant) or their Advocate-on-Record.
Take notice that appearance has been entered in this Case for the Respondent
(name of Respondent appearing).
Advocate-on-Record for the said
Respondent place of business
of Advocate-an-Record
No. IS
NOTICE TO PARTIES OF THE DAY
FIXED FOR HEARING OF APPEAL
(ORDER-XX)
IN THE SUPREME COURT OF BANGLADESH
APPELLA TE DIVISION
(APPELLATE JURISDICTION)
............... 20 , and shall be taken up for hearing by the Court on that day at .
................ O'clock in the forenoon or as soon thereafter as may be convenient to the Court.
No. 16
NOTICE FOR DISPOSAL OF A MATTER UNDER
SEe. 525A OF THE CRIMINAL PROCEDURE CODE
(Act V of 1898)
(ORDER~XXV)
IN THE SUPREME COURT OF BANGLADESH
(APPELLATE DIVISION)
WHEREAS the abovenamed petitioner has instituted an application in this Court
under Section 525A of the Code of Criminal Procedure (Act V of 1898) for transfer of
Criminal Case/Criminal Appeal, you are hereby required to cause an appearance to be
entered for you in the Registry of this Court within twenty-one days from the service
upon you of this notice, exclusive of the day of such service; and you are asked to appear
before this Court by an Advocate (. ) of the Court to make your submission,
if any, on the day the case is set down for hearing, upon which date you must be prepared
to produce necessary papers and documents upon which you intend to rely in support of
your case.
And you are hereby required to take notice that in default of your causing an
appearance to be so entered, the cause will be liable to be heard and determined in your
absence.
'OTICE TO A PERSON CHARGED WITH CONTEMPT OF COURT
(ORDER-XXVIl)
IN THE SUPREME COURT OF BANGLADESH
APPELLAE DIVISION
Whereas your attendance is necessary to answer a charge of contempt of Court by
(here briefly state nature of the contempt).
You are hereby required to appear in person (or by Advocate if the Court has so
ordered) before this Court at Dhaka on the day of 20 at
9.00 O'clock in the forenoon .
. You shall attend the Court in person on the day of 20 .
and shaH continue to attend the Court on aH days thereafter to which the case against you
stands adjourned and until final orders are passed on the charge against you.
No. 18
WARRANT OF ARREST
(ORDER -XXVII)
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
Whereas of is charged with committing contempt of
this Court, you are hereby directed to arrest the said and to produce him
before this Court on the ....................•... day of 20 , at 9.00 0' clock in
the forenoon.
(If the Court has issued a bailable warrant, the following endorsement shall be
made on the warrant). If the said shall. give bail in the sum of Tk .
........................ with one surety in the sum ofTk. (or two sureties each in
the sum of Tk. ) to attend before this Court on the day of
........................ 20 at 9.00 0' clock in the forenoon and to continue so to attend until
otherwise directed by this Court, he may be released.
No.19
BOND AND BAIL-BOND AFTER ARREST UNDER
A WARRANT
(ORDER-XXVII)
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
1, (name) of being brought before the District
Magistrate of ( or as the case may be) under a warrant issued to compel
my appearance to answer to the charge of contempt of the Supreme Court do hereby bind
myself to attend the Supreme Court on the day of next, to
answer to the said charge, and to continue so to attend, until otherwise directed by the
Supreme Court; and, in case of my making default herein, I bind myself to forfeit to the
People's Republic of Bangladesh, the sum of Taka .
I do hereby declare myself surety for the abovenamed of that he
shall attend before in the Supreme Court on the day of
........................ next, to answer to the charge on which he has been arrested, and shall
continue so to attend until otherwise directed by the Supreme Court; and, in case of his
making default therein, I bind myself to forfeit to the People's Republic of Bangladesh.
the sum of Taka .
No. 20
WARRANT OF COMMITMENT FOR CONTEMPT
(ORDER-XXVII)
IN THE SUPREME COURT OF BANGLADESH
APPELLA TE DIVISION
To
The Superintendent (or Keeper) of the Jail at .
Whereas at the Court holden on this day (name and description of the contemner)
has been adjudged by the Court guilty of wilful contempt of Court, and he has been
sentenced to suffer imprisolilllent for the period (here specifY the term)
and/or to pay a fine ofTk .
This is to authorise and require you, the Superintendent (or Keeper) of the said Jail,
to receive the said (name of the contemner) into your custody, together with this warrant,
and him safely to keep in the said Jail for the said period of (term of imprisonment) or
for such shorter period as may hereafter be fixed by order of this Court and intimated to
you. You are directed to return this warrant with an endorsement certifying the manner of
its execution.
You are further directed that while the said is in your custody,
produce the said before the Court at all times when the Court shall so
direct.
Given under my hand and the seal of the Court, this day of
........................ 20
No. 21
NOTICE TO THE ATTORNEY-GENERAL FOR BANGLADESH
OF THE SPECIAL REFERENCE UNDER ARTICLE 106 OF
THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF
BANGLADESH
(ORDER-XXVIII)
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
(APPELLATE JURISDICTION)
A Special Reference under Article
106 of the Constitution of the
People's Republic of Bangladesh.
To
The Attorney-General for
Bangladesh.
Whereas under the above Article of the Constitution of the People's Republic of
Bangladesh, the President has referred the following question(s) of law for considenition
and report to this Court ;-
Take notice that you are hereby required to appear before this Court on the
........................ day of 20 , at O'clock in the forenoon to
take the directions of the Court il\ the matter.
· No. 21-A
NOTICE TO PARTIES OF THE SPECIAL REFERENCE UNDER ARTICLE
106 OF THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF
BANGLADESH
(ORDER NO.XXVIII)
IN THE SUPREME COURT OF BANGLADESII
APPELLATE DIVISION
(APPELLATE JURISDICTION)
In the matter of:
(Name of patty)
A Special Reference under Article
106 of the Constitution of the
People's Republic of Bangladesh.
Whereas under the above Article of the Constitution of the People's Republic of
Bangladesh the President bas referred the following q~estion(s) of law for consideration
and report to this Court :-
Take notice that you are hereby required if you desire to be heard to cause an
appearance to be entered for you in· the Registry of this Court on or before the
........................ day of 20 , and to attend on the said day at
........................ O'clock in the forenoon before the Registrar by an Advocate of the Court
to take the directions of the Court with respect to statements of facts and arguments and
with respect to the date of the hearing.
No. 22
SUMMONS TO ATTEND TAXATION
(ORDER-XXX)
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
(APPELLATE JURISDICTION)
Whereas Mr. , Advocate-on-Record for Appellant!
Petitioner/Respondent has lodged a bill of costs (copy appended hereto) for taxation as
between Party and Party and also as between Advocate-on-Record and client, notice is
hereby given that the Taxing Officer of the Court will proceed to tax the said bill on the
........................ day of 20 , at O'clock in the forenoon
when you may attend before the Taxing officer in his office in the Court Building and
contest the said bill or any items therein.
CERTIFICATION OF TAXATION
(ORDER-XXX)
IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
(APPELLATE JURISDICTION) ,
I do hereby certify that I have taxed the above bill of costs lodged in this Court by
Mr. , Advocate-on-Record for Appellant/Petitioner or Respo.ndent against
(Here insert the name of party or client) and do allow, as between party and party,
Advocate-on-Record and client, the sum of ( amount in figures and words) only.
*Here state the names of
the parties to the bill.
No. 24
NOTICE OF PROCEEDINGS TO THE
ATTORl'\TEY-GENERAL FOR BANGLADESH.
(ORDER -XXXI)
IN THE SUPREME COURT OF BANGLADESH
APPELLA TE DIVISION
(APPELLATE JURISDICTION)
To
The Attorney-General
for Bangladesh.
Take notice that the abovenamed case has been filed in this Court (and is fixed for
hearing on the .: day of 20 , and shall be taken up for
hearing by the Court on that day, at O'clock in the forenoon or as soon
thereafter as may be convenient to the Court) , ( and shall be fixed for hearing on a
suitable date of which due notice will be given to you).
As the case raises (an) important question (s) [here state briefly the question(s)
involved] notice is hereby given to you so that you may appear and take such part in the
proceedings before the Court as you may be advised.
No. 25
AFFIDAVIT OF SERVICE OF SUMMONS
(ORDER XXXIII)
IN THE SUPREME COURT OF BANGLADESH
. APPELLATE DIVISION
(APPELLATE JURISDICTION)
I, of Advocate-on-Record for the abovenamed .
make oath/solemnly affirm and say as follows:
I did on the day of 20 serve Mr. .
........................ , Advocate-on-Record for the above named in this action
for appeal with a true copy of the summons now produced and shown to me marked A,
by leaving it, before the hour of two : at the (office or dwelling house) of
the said situate being the address for service in this
action (or appeal) (with his, clerk or his servant or as may be there), or by posting it at the
post office, at in a duly registered envelop addressed to this said
........................ at. , being the address ~or service in this action ( or appeal).
Swom at this day of 20
No. 26
AFFIDAVIT OF SE:RVICE BY POST
(ORDER-XXXIII)
IN THE SUPREME COURT OF BANGLADESH
APPELLA TE DIVISION
(APPELLATE JURISDICTION)
I, , Advocate-an-Record for the abovenamed
......... ~ make oath/solemnly affirm, and s~y as follows :-
I did serve the Advocate-an-Record for the abovenamed in this appeal action for
the abovenamed (if he has appeared in person) with the summon (or notice or other
document) now produced and shown to me marked A, by posting on the day of
.............. 20, at (name pfpost Office) a true copy of the said summons (or as may be in
a prepaid envelop registered for acknowledgement addressed to the said Advocate-on-
Record or Respondent or as may be) at which is his address for service. The
postal acknowledgement is attached hereto.
\51~f~~ JT~:<m
<p~9f"li' ~ ~. <. <.
<n~~JJ~ c<l$'
~~ Pf5rS'f, lJi<ri
,,~ l:r~.)/:<"ool:r ~~ (~ f~}-Siet~ <rr~~ Jf~f<r~ ~o'\(~) \5lO;rC~CI1
~ 'li'"l\!)I<lCC4 <rr~C'fW'M~~ c<l'W ~~ \5lo;rC"lII1<l\!l'C"l, The Supreme Court of
Bangladesh (Appellate Division) Rules, 1988-~~ ~9f 15lf~ Jf{C"i1~ ~,
~~ g..-
~ I ~ Rules-~~ PART I, ORDER III-~ OFFICERS OF THE COURT, ETC.
~~
(<1') Rule-3-~ ~ "The Registrar," ~M '8 ~ ~ "the Additional
Registrar or" ~M ~ W I
(<I) Rule-4-~ ~ "the Chief Justice delegate to" ¥f'l1~m ~ "a" ~
~~ W ~<f~ ~ "the Additional Registrar or the" ~M
~~WI
($f) . Rule-6-~ ~ "the· Registrar or" ~m ~ "the· Additional
Registrar or" ~M ~ WI
('<I) Rule-7-~ ~ "in Writing- of Registrar" ~m 9Bi "or Additional
Registrar" ~M ~ ~ I .
~ I ~ Rule-<.Q~PART I-<.Q~ORDER IV-<.QADVOCATES AND ADVOCATES
ON-RECORD~~
(<!') Rule-6-<.Q ~ "Taka One Thousand only" ~m ~ "Taka
Five Th~usand only" ~f;i'l ~~ WI
(~) Rule-12-~ ~~ "Taka Two Thousand only" ~m ~ "Taka
Ten Thousand only" ~fc'! ~~ W I
('it) Rule-20(i)-<.Q~ "Tk.I,OOO" ~ IS J'f~~ ~ "Taka 2,000'00"
><J<l1,J'f~~ IS ~ ~~ W I
~ I ~ Rule-<.QQ"PART II-<.Q~,ORDER XIII-<.QPETITIONS FOR LEAVE TO
APPEAL IN CIVIL PROCEEDINGS ~~
(<!') Rule-3-<.Q~ "at least six" ~m ~ "at least ten". ~fc'!
~~WI
8 I The Supreme Court of Bangladesh (Appellate Division) Rules. }988-<.Q~ PART
II, ORDER XVIII-<.QPETITIONS GENERALLY ~~ Rule-12-<.Q~ "Tk.
500" ><J<l11S J'f~~ ~ "Tk. 2,000" ><J<l1,J'f~~ IS ~ ~~ W<.Q<r~'~orpaid to
the opposite party if the petition or application is frivolous or vexatious" ~m ~
"if the petition or application is negated or dismissed" ~fc'! ~~ WI
~ I ~ Rules-<.Q~ PART II, ORDER XIX-<.Q LODGING OF CONCISE
STATEMENT AND SUPPLEMENTAL PROCEEDINGS ~~ Rule-I '@mf~
"twelve copies" ~m ~ "fourteen copies" ~fc'! ~~ W I
~ I ~ Rules-<.Q~ PART II, ORDER XXIV-<.QPETITIONS FOR LEAVE TO
APPEAL AND AP'PEALS ARISING THEREFORM IN CRIMINAL PROCEEDINGS
~~ Rule-6-<.Q~ "Tk.200" ><J<l11S J'f~~ ~ "Tk. 2,500" ><J<l1, J1~~ IS
<rm~~WI
q I ~ Rules-<.Q~PART IV, ORDER XXVI-<.QREVIEW ~~ Rule-9-<.Q
~ "Tk. 2000" ><J<l1 IS J1~~ ~ "Tk. 10,000" ><J<l1, J1~~ IS ~ ~
W;<.Q<r~"Or paid to the opposite party if the review petition is contested and" ~m
9jR!<!C~ "if the review petition" ~fc'! ~~ WI
11' I ~ Rules-<.Q~ PART VII-<.Q~ORDER XXX-<.QTAXATION ~~
Rule-I-<.Q"The Registrar," ~fc'! IS ~ ~ "the Additional Registrar," ><J<l1~fc'! IS ~
~WI
~ I ~ Rules-I!!~ THIRD SCHEDULE-I!! TABLE OF COURT FEES
fi'1~~ PART-I-I!! Serial No. l-I!!~ f<f~ ~ oR ~ ~<1\!5 "1'1<.250'00"-~~
~ "1'1<.750'00" ~~ ~ I
~o I ~ Rules-I!!~ THIRD SCHEDULE-<!l TABLE OF COURT FEES
fi<~~ PART-II-I!!Q--
("<I') Serial No. l-I!!~ f<f~ ~ 4i~ ~ ~ "Tk. 350'00'!-1!!~ "'IBl<lC';
"1'1<.700'00" ~~ ~ I
(~) Serial No. 2-1!!~ f<f~ ~ "1~~ I!!~ ~<1\!5 "Tk. 15.000"-1!!~
~ "Tk. 20,000" ~~ ~ I!!<[~"in excess of Tk. 15,000"-1!!~
~ "in excess of20,000" ~~ ~ I
("t) Serial No. 2-1!!~ f<f~ ~ "1~~ '@r~~ "'1'1<.350'00"-1!!~ '1~
"Tk. 700'00" ~~ ~ I!!<[~~ <j>C'J~ f.'!w~ffiI!!~ '@~<1\!5
"Tk. 1O'OO"-I!!~~ "Tk. 30'00" ~~ ~ I Serial No. 2-1!!~
f<f~ ~ r:r~~ I!!~ ~~V't ~ "Tk. 350'00"-1!!~ ~
"Tk. 500'00" ~~ ~ I
('<I) Serial No. 2-1!!~ "1\5t~V't (i) I!! ~ "Tk. 4,000'00"-1!!~ '1~ "Tk.
1,00,000'00" ~~ ~ I
(~) Serial No. 3-1!!~ f<f~ ~ r:r~ ~ ~<1\!5 'Tk. 25'00"-1!!~ ~
"Tk. 75'00" ~~ ~ I
(D) Serial No. 5-1!!~f<f~ ~ r:r~~ ~ "Tk. 5'00"-1!!~ ~ "Tk.
lO'OO"~~~1
~~ I ~ Rules-I!!~ THIRD SCHEDULE, TABLE OF COURT FEES ~~
PART-III-I!!Q--
(<I') Serial No. l-I!!~ f<f~ ~ r:r~~ ~<1\!5 "Tk. S-OO"-I!!~9[fu-<rc--.i "Tk.
15'00"~~~1
(~) Serial No. 2-1!!~ f<f~ ~ r:r~ ~ I!!~ ~<1\!5 "Tk. 1'00"-~~
~ "Tk. 10'00" ~~ WI
("t) Serial No. 2-1!!~ f<f~ ~ r:r~ ~ ~<1\!5 "1'k. 20'00"-1!!~ ~
"Tk. 50'00" ~~ W I!!<f~~ ~ f.'!w~ffiI!!~ ~<1\!5
"Tk. 2'00"-l!l~ ~ "Tk. 10'00" ~~ WI
('<I) Serial No. 3-l!]Q~~ ~ "!~~ ~~ 'Tk. S'OO"-l!]Q~ "Tk.
25'00" ~9f\5 ~ SI'-3(a)-l!]Q ~~ ~ "!~<f'C1WR ~~ "Tk.
S'OO"-l!]Q~~ "Tk. 25'00" ~9f\5 ~ I
(':Ib) Serial No. 4-l!]Q ~~ ~ "!~"<l'''iAA ~~ "Tk. lO'OO"-l!]Q ~
"Tk. 25"00" ~9f\5 ~ I
("5") Serial No. S-l!]Q~~b ~"!~~ ~~ "Tk. S'OO"-l!]Q~ "Tk.
2S'00"~~WI
(~) Serial No. 6-l!]Q ~~ ~ "!~~ ~~ "TIc 1O'OO"-l!]~ 9rR1<1C~
"Tk. 20'00" ~9j~ ~ I
CiSi) Serial No. 7-l!]Q ~~ ~ "!~~ fQ;-~~ "TIc lO'OO"-l!]Q~
"Tk. 20'00" ~9f\5 WI
«11) Serial No. 8-l!]Q ~~ ~ "!~~ ~ "Tk. IO'OO"-l!]~ -;'ff~l~
"Tk. 20'00" ~9f\5 WI
(l!l3) Serial No. 9-l!]Q ~~ I!l "!~~ ~~ "Tk. 20'00"-l!]Q ~
"Tk. 50'00" ~9f\5 W l!]<r~~ ~ f.f:rt~VOK:l l!]f%t03~~
"Tk. 2'00"-l!]Q ~ "Tk. 10'00" .2l~9f\5 WI
(~) Serial No. 10-l!]Q ~~ ~ "!~~ ~ "Tk. 20'00"-l!]~ 9ff~<rci
"Tk. 50'00" ~9f\5 ~ I
(~) Serial No. 11-l!]~ ~~ ~ "!~~ ~~ "Tk. lO'OO"-l!]Q ~
"Tk. 20'00" ~9f\5 ~ I
(is) Serial No. l2-l!]~ ~9f":4r03 ~ "!~~ ~~ "Tk. 2S'00"-l!]~ ~ci
"Tk. 100'00" ~~ "?<..~c<f I
(lJ) Serial No. 13-l!]~ ~~ ~ "!~~ ~~ "Tk. 2S'00"-l!]Q <>fmvt
"Tk. 75'00" ~9f\5 WI
(ct) Serial No. 14-l!]Q ~~ ~ "!~~ ~~ "Tk. lO'OO"-l!]Q~
"Tk. 100'00" ~9f\5 ~ I
(~) Serial No. lS-l!]Q ~~ ~ "!~~ ~ "Tk. IS'OO"-l!]Q ~
"Tk. 35'00" ~9f\5 ~ 1
(q) Serial No. 16-l!l~ f.j-~ '-=> ~~ q,C'jfo;) ~'tT~ 'Tk. 5'OO"-~~ '1Bl<rC{
"Tk. IS'OO" ~~ ~ I
(11) Serial No. 17-l!l~ f.j-~ '-=> oR <p~ ~Rl'3 "Tk. S'OO"-l!l~ '1'E1<r('0
"Tk. 15'00" 2j~~If9f'3 WI
(<:I) Serial No. 18-l!l~ Fr9fmD5 '-=> '1~ <1'"11'0;) ~Rl'3 "Tic 5'00"-l!l~ W<K0'
"Tk. IS'OO" ~~ WI
('1) Serial No. 19-1!l~ f<r~ '-=> ~~ ~ '&~<1'3 "Tk. 1O'OO"-l!l~ 9ffu<rC.,5
"Tic 30'00" ~'3 W I
(9f) Serial No. 20-l!l~ f<r~ '-=> ~~ ~ ~<1'3 "Tk. S'OO"-<il~ 'mC'i
"Tk. 15'00" I!l~~ WI
(<r) Serial No. 21-l!l~ f.j-~ '-=> ~~ q,~ ~\5 "Tic 2'00"-<il~ '1~
"Tk. 10'00" I!l~~~ I '
(<r) Serial No. 22-l!l~ f.j-9f~ '-=> '1~<!'~ ~\5 "Tk. S'OO"-'-'I~ "1f<!<lC0
"Tk.lS·OO" ~~~c<r I
(15) Serial No. 23-l!l~ f<r9f~ '-=> ~~ ~ ~~Rl\5 "Tic S'O()"-c!:l~*<lCi
"Tk. IS'OO" ~~ WI
C~!) Serial No. 24-l!l~ f.j-'1~ '-=> ~~ <p~ ~<1'3 "Tk. S'OO"-l£l'?!'1TIl<rc0
"Tk. 10'00" ~~ WI
(<!) Serial No. 2S-l!l~ f.j-~ '-=> ~~ ~ ~Rl\5 "Tk. S'OO"-~~ '1T.<.f<1r-5
"Tk.l0·00"~~WI
(~) Serial No. 26-l!l~ f.j-~ '-=> ~~ q,~ ~\!5 "Tk. S·OO'.'-l£l~'1mri
"Tk. 10'00" ~9f\5 W I
('1) Serial No. 27-l!l~ f.j-9f~ '-=> '1~~ ~~ "1'1<. 20'00"-l!l~ "1f<f<fci'
''Tk.3S'00" ~~ WI
(¥f) Serial No. 28-l!l~ f.j-~ '-=> '1~~ ~<1'3 "1'1<. 2'OO"-l!l'?! '1T.<l<rv:5
"Tk. S'OO" ~~ WI
('<!) Serial No. 29-l!l~ f.j-~ '-=> '1~~ ~ "Tk. S'OO"-l!l'?!9ff~~
"Tk.IO·OO"~~WI
(J'l) Serial No. 30-l£l~ f.j-~ '-=> ~~ ~ ~<1'3 "Tk. 20'00"-l!l$l ~
"Tk.SO'OO" ~~ WI
~~ I "@-'8i Rules--Q~ FOURTH SCHEDULE--Q FEES TO ADYOCATE-ONRECORD
fl'~~
("<l» Serial No. I-t.!l~ ~~ ~ 'R ~ ~~ "Tk. 10'00 to 30·00"-t.!l~
~ "Tk. 50'00 to 100'00" ~~ WI
(~) Serial No. 2--Q~ ~~ ~ 'R ~ ~~ "Tk. 10'00 to 30'00"--Q~
~ "Tk. 30'00 to I00'00" ~~ W I
('f) Serial No. 2-l@ .f<f~ ~ .,~ ~ -Rm~V'~t.!lm-~ ~~ "Tk.
2·00"-t.!l~ ~ "Tk. 5'00" ~~ WI
(~) Serial No. 3-t.!l~ ~~~ ~ .,~ <rC'ff<:OT ~~ "Tk. 2S-00"-t.!l~ 9ffi-<rd
"Tk. 60'00" ~~ W I
(\1;) Serial No. 4-t.!l~ ~~ ~ .,~ ~ ~~ "Tk. 1O·00"-t.!l~ ~
"Tk. 20'00" ~~ WI
(D) Serial No. S-t.!l~~~ ~.,~ ~ ~~ "Tk. S'OO"--Q~ 9fBr<rC\5 "TIc
IS-OO"~~~WI
(~) Serial No. 6-t.!l~ ~9fID~ ~ "!~~ ~~ "Tk. 30'00 to 60·00"-t.!l~
~ "Tk. 50'00 to 100'00" ~M\5 ~C'1 I
("~) Serial No. 7-t.!l~ ~~ ~ "!~~ ~~ "Tk. 5'00 to IS·OO"-t.!l~
~ "Tk. 25'00 to 30'00" ~~~ WI
«It) Serial No. 8(a)--Q~ ~~ ~ "!~~ i5r~~ "'1'k. I·O(),'-t.!l~9fBr<rc\5
"Tk. 7'00" ;
Serial No. 8(d)-t.!l~ ~~~ ~.,~ <t'~ ~ "TIc O·SO"-t.!l~9fBl<lC~
"Tic 2'00" ;
Serial No. 8(e)--Q~ ~9fm-~ ~ "!~<:fWliC"Ti5r~ "Tk. I·OO"-t.!l~ 9fBr<r~
"Tk. 5'00" ~\5 ~~ I
(~) Serial No. 9-l!1~R~ ~ O!~ ~ ~~ "Tk. 5'00"-l!1~ 9fBr~ "Tk.
10'00" ~9f15 W;l!1<f~
'@-'$ ~ Rm~V'8ll!1~ ~~ "Tk. 1S-00"-l!1~ ~ "Tk. 40'00"
~~WI
(iJ) Serial No. 10-l!1~ R~ ~ O!~ ~ ~~ "Tk. 4'00"-l!1~ ~
"Tk. 10'00" ~~ WI
(~) Serial No. ll-l!1~ R~ ~ O!~ ~ ~ "Tk. 20'00 to 25'00"-l!1~
~ "Tk. 40'00 to 75'00" ~~ ~~ I
('5) Serial No. 12-l!1~R~~ ~ O!~ ~ ~~ "Tk. l5'00"-c!l~ 9f~
"TIc 30'00" l!1<f~~ ~ Rm~ffi l!1~ ~~ "Tk. lO'OO"-c!l~
~ "Tk. 20'00" -21~~ WI
(1]) Serial No. 13-l!1~R~ ~ O!~ ~ ~~ "Tk. 20'00 to 25'00"-l!1~
~ "Tk. 25'00 to 75'00" l!1<f~~ ~ -Rw~V'8ll!1~ ~~
"Tk. 5'00"-l!1~ ~ "Tk. 10'00" ~~ W !
(Cf) Serial No. l4-l!1~ R~ ~ <i~ ~ ~®f~ "Tk. 5'00"-l!1~ ~
"Tk. 10'00" -2f~~ WI
(~) Serial No. 15-l!1~R~ ~ O!~ "¥liC"l ~~ "Tk. 15'OO"-c!l~ 9ff<r<W5
"Tk. 30'00" ~~ WI
(~) Serial No. 16-l!1~R~ ~ O!~ ~ ~~ "Tk. 5'00 to 1O'00"-l!1~
~ "Tk. 10'00 to 20'00" ~~ ~~ I
("'1) Serial No. l7-l!1~ R~ ~ O!~~ ~ "Tk. I 0'00"-l!1~ 9ffir<Wi
"Tk. 15'00" ~~ WI
(l:f) Serial No. 18-l!1~ R~ ~ O!~'FlWT ~M~ "Tic 5'00"-l!1~ 9if~<r0i
"Tk. 10'00" ~~ WI
(O!) Serial No. 19-1!1~R~ ~ <i~ ~ ~r~ "Tk. 20'00"-l!1~ ~TIl<'lG";
"Tk. 35'00" ~~ WI
('1) Serial No. 20-l!1~ R~ ~ <i~ ~ 1tc':5~ "Tk. l5'00"-l!1~ 9ff~
"Tk. 20'00" ~~ WI
(<1') Serial No. 21-<.!1~f<!~ ~ "!~<p~ ~\5 "Tk. 5·00"-<.!1?!9JB1<lC';
"Tk. 1000" ~f~~tr9j\5 ~~ I
(<f) Serial No. 22-<.!1~f<!~ ~ 'i~~ ~~ "Tk. 25·00"-<.!1~9fB1<lC';
"Tk. 35'00" <.!1<f~~ ~ Rm~V'R'l <.!1~ ~cm~"Tk. IO'OO"-lfl~
9JR!<lC';"Tk. 20'00" ~\5 WI
(\5) Serial No. 23-lfl~ f<!~ ~ oR <1'C'fID1 ~Rr\5 "TIc 5·00"-<.!1~9fBr<W5
"Tk. I0'00" ~9j\5 $ I
(~) Serial No. 24-<.!1~f<!9l.~ ~ "!~~ ~ "'1'k. 5·00"-<.!1?i~
"Tk.IO·OO"~\5$1
Serial No. 24(a)-<.!1?if<!9f':1rC\5~ "!~~ i&~~\5 "'1'k. I00 per hour
maximum '1'k. 300"-<.!1~9fBl<lC';"Tk. 150 per hour maximum Tk. 600"
~9f\5$1
(~) Serial No. 25-<.!1~f<!9J~ ~ ~~ <l'C1t(."! %mRr\5 "Tk. 50'00"-lfl~ 9ff?i<lC';
"Tk. 75'00" ~9f\5 $ I
(~ Serial No. 26-<.!1~f<!9f~ ~ "!~~ '@m~\5 "'1'k. 25·00"-<.!1~ 9Jf<fi:jd
"Tk. 35'00" <.!1<f~~ ~~ Rm~V'R'l <.!18:ic~~ "TIc 15·00"-<.!1~
9ffu<rd "Tk. 25'00" .:q~9f\5 00 I
('C'l) Serial No. 27-<.!1~f<!~ ~ "!~<p~ ~~ "Tk. 25·00"-<.!1~~
"Tk. 35'00" ~9f\5 ~ I
("0 Serial No. 28-<.!1~f<!'1~ ~ "!~~ ~Rr\5 "Tk. 25'00"-lfl~ 9fBl<lC';
"Tk. 35'00" <.!1<f~~ ~ Rm~V'R'l <.!1~ ~\5 "Tk. IO'OO"-lfl~
'1~ "Tk. 20'00" ~9f\5 ~"tc<rI
(~) Serial No. 29-lfl~ f<!~ ~ "!~<r>~ ~\5 "Tk. 15'00"-lfl~ 9fru-«0"
"Tk. 35'00" ~9f\5 ~~ I
(~) Serial No. 30-<.!1~f<!~ ~ 'i~ ~ ~~ "Tk. 5'00 to 10·00"-<.!1~
~ "Tk. 10'00 to 15'00" ~9f'\!) $ I
(~) Serial No. 31-lfl~ f<!~ ~ 'i~~ ~\5 "Tk. 5"00"-lfl~ 9fR1<lC';
"'1'k. 15'00" ~9j\5 ~m I
('''I') Serial No. 32-<.!1~f<!~ ~ "!~~ ~ "Tk. 5'00 to IO·OO"-<.!1~
~ "Tk. 10'00 to 20'00" ~~If9r\5 $ i
(~) Serial No, 33-l£l~ f<r~ ~ '1~~ ~~ "Tk. 2'00"-<iJ~ 9ffu<lG~
"TI<. 20'00" ~~ ~ I
(11) Serial No. 34-l£l~ f<r~ ~ '1~ <p~ R<tlf~ "Tk. 50'00 to 7S'00"-<iJ~
9ffu~ "Tk. 7S'OO to IS0'OO" ~~ ~ I
(~) Serial No, 3S-l£l~ f<r~ ~ '1~~ ~R!~ "Tk. SO'OO"-<iJ~ ~
"Tk. 75'00" ~~ ~ I
(~) Serial No. 36-l£l~ f<r~ ~ '1~~ ~~ "Tk, 2S'OO"-<iJ~ 9fWwi
"TIc. 3S'00" ~~ ~ I
(~) Serial No. 38-l£l~ f<r9f~{\5~ '1~<lI'C'flDT~~ "Tk. 10'00 to 20'OO"-<iJ~
~ "Tk. lS'OO to 2S'00" ~~ ~ I
(g) Serial No, 39-l£l~ f<r~ ~ '1~<l>~ ~~ "Tk. 2S'00"-l£l~ ~
"Tk. 3S'00" ~~\!) ~ I
() Serial No. 40-l£l~ f<r~ ~ '1~~ '@-~~ "Tk. 2'OO"-l£l~ ~
"Tk. 10'00" ~~ ~ I
(<l'<lI) Serial No. 42-l£l~ f<r~ ~ oR ~ ~ "Tk. I'OO"-l£l~ 9ffu~
"Tk. 2'00" ~~ ~ I
(~~) Serial No. 42(a)-l£l~ f<r~ ~ '1~~ ~~ "Tk. O'SO"-l£l~ ~
"Tk.I·SO"~~~1
~~ I ~ Rules-l£l~ FOURTH SCHEDULE-l£l FEES TO OFFICERS OF COURT
~~
(<I') Serial No, 1-l£l~ f<r~ ~ '1~<l>~ ~R!~ "Tk. 20'00"-l£l~ ~
"Tk. I 00'00" l£l<f~Serial No. I (a)-l£l~ f<r~ ~ '1~~ ~ "Tk.
S'OO"-l£l~ ~ "Tk. 10'00" ~~ ~ I
(~) Serial No, 2(a)-l£l~ f<r~ ~ o:r~~ ~~ "Tk. 40'00"-l£l~ 9jri<1G~
"Tk. I 00'00" l£l<f~Serial No. 2(b )-l£l~ f<r~ ~ o:r~ ~ ~~ "Tk.
SO'OO"-l£l~ ~ "Tk. 100'00" l£l<f~Serial No. 2(c)-l£l~ f<r9fm-~~ '1~
~ ~ "Tk. 20'00"-l£l~ ~ "Tk. 40'00" ~'9'f\5 ~"1;<r I
(S'f) Serial No. 3(a)-~"?l ~~ ~ <j~ ~ ~\5 "Tk. 40'00"-~"?l 9jRi<lC~
"Tk. 100'00" ;
Serial No. 3(b)-L!1"?l~~ ~ <j~ ~ ~ "Tk. SO'OO"-L!1$l~
"Tk. 100'00" ; L!1'R
Serial No. 3(c)-~$l ~~ ~ <j~ ~ ~~ "Tk. 20'00"-L!1$l 9jRi<lC~
"Tk. 40'00" ~9f\5 WI
('<.I) Serial No. 4-~$l ~~ ~ "l~~ ~~ "Tk. S-OO"-~$l ~ "Tk.
15'00" ~9f\5 W I
~<t>c~l1l~ ~
C'i'l1%t:>@H I
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