Act/Law wise: Judgment of Supreme Court of Bangladesh

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Chittagong Hill Tracts Regulation, 1900
Section/Order/Article/Rule/Regulation Head Note
Section 17

Chittagong Hill Tracts Regulation, 1900
Section 17 read with
The Land Appeal Board Ain, 1989
The Deputy Commissioner of the district has been given power to revise any order passed by a Deputy Magistrate or Deputy Collector or a Sub-Deputy Magistrate or Sub-Deputy Collector and a Divisional Commissioner may revise any order made under the Regulation by the Deputy Commissioner and the Government may revise any order made by the Commissioner. Under this provision, no power has been given upon the Land Appeal Board to revise any order passed by the Divisional Commissioner. The Land Appeal Board Ain, 1989 has been empowered to exercise such powers as may be given by the government or by any other law. There is a provision for appeal to the government from the decision of the Board and the said decision of the appellate authority shall be final. Subsequently, by circular under memo dated May 23, 1989, the following powers of the Board has been given from the decision of the Deputy Commissioner, Additional Deputy Commissioner (Revenue) and the Divisional Commissioner for its disposal:(ক) ভূমি সংক্রান্ত মামলা, (খ) নামজারি ও খারিজ মামলা, (গ) পরিত্যক্ত, অরপিত ও বিনিময় সম্পত্তি বিষয়ক মামলা, (ঘ) সায়রাত ওজলমহল সংক্রান্ত মামলা, (ঙ) ভূমি রেকড সম্পরকিত মামলা, (চ) ভূমি উন্নয়ন কর, সারটিফিকেট মামলা, (ছ) ওয়াকফ বা দেবোত্তর সংক্রান্ত মামলা (জ) খাসজমি বন্দোবস্ত সম্পরকিত মামলা।.....Wagachara Tea Estate Ltd =VS= Muhammad Abu Taher, (Civil), 2017 (2)– [3 LM (AD) 478] ....View Full Judgment

Section 17(3)

On a plain reading of the Regulation of 1900, one may arrive at the conclusion that this Regulation was promulgated with the object of giving a special privilege to the indigenous people of the three hill districts to protect and safeguard their culture, traditional practices and customs, and they should not fall prey to the tactics of unscrupulous people. A privilege is a special right reserved to an individual person or a limited class of persons, bodies or institutions. Its grant is generally attended by some degree of formality in the form of letters patent or some other document. Privileges would occupy a small circle within a much larger circle of rights. Every privilege is a right but not every right is a privilege. .....Wagachara Tea Estate Ltd =VS= Muhammad Abu Taher, (Civil), 2017 (2)– [3 LM (AD) 478] ....View Full Judgment

The Session Judge has been given the power to take cognizance of any offence as a court of original jurisdiction. This power has been given to a Magistrate in respect of other Session Divisions of the country. The three districts have been constituted three separates civil jurisdictions under three Districts Judges and a Joint District Judge has been given power to exercise a court of original jurisdiction under section 8(4). While exercising such power he shall follow the existing laws, customs and usages of the districts concerned, except the cases arising out of Family Laws and other customary laws of the tribes of the districts of Rangamati, Khagrachori and Bandarban respectively, which shall be triable by the Mauza headmen and Circle Chiefs. Against an order, judgment or decree passed by the Joint District, the District Judge have been given the appellate power.
The High Court Division has been given all appellate powers under the Code of Criminal Procedure under section 9, but in respect of civil disputes no such power has been given upon the High Court Division. These provisions are sufficient to come to the conclusion that the government still recognize the customs and usages of the tribal people of the region while adjudicating civil disputes.
The High Court Division has totally ignored these aspects of the matter. The appeal is therefore, allowed. The judgment of the High Court Division is set aside, so far as it relates to the observation that Regulation 1 of 1900 is a dead law. .....Ministry of Finance =VS= Rangamati Food Products Ltd., (Civil), 2018 (2) [5 LM (AD) 302] ....View Full Judgment

Regulation 48

The law regarding succession to the post of the Chief of Mong Circle and the customs, traditions, usages and the recommendations by the Deputy Commissioner, three members of the Parliament from Hill Districts, Chairmen and headmen of the Hill District in consonance to the Chittagong Hill Tracts Regulation, there is no illegality in the impugned judgment and order of the High Court Division.
Rajkumari Llnika Devi vs Bangladesh & others 9 BLC (AD) 181. ....View Full Judgment

Rule-48

Respondent No. 1 was the regular Headmen of two Muzas, namely Sekdu & Naithong Muza under Thanchi Upazila. While discharging his duty as such he came to know the order of impugned retirement. issued by the Deputy Commissioner at the instance of the Commissioner, Chittagong Division. This order was challenged by the respondent in writ petition, inter alia, on the ground that no show cause notice was served upon him before passing the said order of retirement—High Court Division found that the retirement being a kind of punishment it was necessary for the authorities to give a show cause notice to the writ- petitioner before retiring him from his office. This having not been done, there was a violation of the principle of natural justice— Held : High Court Division has rightly interfered with the order of retirement of respondent No. 1 upon good and valid reasons. There has neither been any error of law nor miscarriage of justice. [Para-6]
Mr. Ana Ram Tripura Vs. Shwe Hda Prue & Ors. 4 BLT (AD)-19. ....View Full Judgment

Regulation 48

Bohmong Chief
According to the established usage and custom of the Bohmong Chircle, the office of the Bohmong Chief is a customary office and not an elected or political office on politico administrative considerations. Both the Government and the Court have to recognise their custom and usage and not to introduce any other criterion or factor which will add to the customary requirements of that office. The introduction of an element of political acceptability of a claimant to the office of the Bohmong Chief is an extraneous consideration in the selection of the Bohmong Chief, which is an alien criterion for selection. Aung Shwe prue Chowdhury Vs. Kyaw Sam Prue Chowdhury & ors, 18 BLD (AD) 33. ....View Full Judgment

The office of the Bohmong Chief of the Bohmong Circle is not political and as such the selection and appointment of the Bohmong Chief need not be made on any political or administrative consideration. Age afid fitness are the main criterion on the basis of which the Bohmong Chief is selected and appointed solely according to age-old customs and usages. So long the senior ftiost male lineal descendant of the Bohmong dynasty is not adjudged physically and mentally incapable, he can not be denied his customary right to the office and dignity of the Bohmong Chief.
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others. 3 MLR (1998) (AD) 41. ....View Full Judgment