Act/Law wise: Judgment of Supreme Court of Bangladesh


Village Court Ordinance (LXI of 1976)
Section/Order/Article/Rule/Regulation Head Note
Section 3

Where the charge was framed not only under section 427 of the Penal Code but also under section 506 Part U of the Penal Code, the village court has no jurisdiction to try the offence and hence the accused persons were rightly tried by the Magistrate. Abul Kalam & others vs Abu Daud Gazi and another 5 BLC (AD) 19. ....View Full Judgment

Sections 3 and 8

Unanimous decision of a Village Court under challenge in civil Court—­Whether plaint could be rejected in view of finality of decision of the Village Court—In the face of allegation in the plaint that the respondents did not nominate their representatives in the Village Court the plaint cannot be rejected. To determine the truth of this allegation evidence is necessary and this can be available only in the course of trial of the suit. Kazi Mobarak Ali vs Mohammad Yeasin Majumder 43 DLR (AD) 171. ....View Full Judgment

5 (Part II of the Schedule)

Party claimed Taka 1000.00 as compensation for forceful dispossession from his property—Transfer of the case by the S.D.O. illegal—Village Court can not decide question of title to the property. Md. Sekandar Ali Sardar Vs. Chairman, Village Court (1981) 33 DLR 201 ....View Full Judgment

Section 8(1)

In the instance case, the decision was given unanimously by all the three members of the Adalat and as such, no petition was maintainable to the Munsif under sub-section (1) of Section 8 of the Ordinance. Mokammel Hossain Vs. Nurul Hossain 12 BLT (AD)-194. ....View Full Judgment

Section 8 (2)

In the Instant matters relate to offences of trespass theft and mischief under part I of the Schedule and not under part II of the same and since the learned Munsif has been given jurisdiction only in respect of part II and not in respect of part I the impugned order was therefore Without jurisdiction. Mokammel Hossain Vs. Nurul Hossain 12BLT(AD)-194. ....View Full Judgment

Section 8(2)

Whether the case being already under further investigation by the C.I.D. the naraji petition is tenable
That was precisely the prayer of the informant- petitioner in his naraji petition dated 23-10-93 in which he prayed for judicial inquiry by a Magistrate, but the learned Magistrate accepting the naraji petition, by his order dated 27-4-94, directed further investigation by a Senior C.I.D. Officer. If it is the grievance of the informant- petitioner that further investigation will be carried out by an investigating agency which has already taken a view in the matter, he ought to have filed a revisional application against the learned magistrate's order dated 27-4-94. Instead he waited for 8 months and filed another naraji petition making the same prayer for judicial inquiry on 4-12-94 and the learned Sessions Judge and the High Court Division were both correct in finding that under the circumstances the second naraji petition was not tenable. Md. Abdul Khaleq Master Vs. Ahmed Ali & Ors. 5 BLT (AD)-204 ....View Full Judgment

Section 8(3)

There is no express provision in the Ordinance barring the jurisdiction of a civil Court to question the legality or propriety of the Village—Court's decision—Respondents in a civil suit alleged that they did not nominate any representative but the Chairman concerned out of grudge brought two of his men and showed them being nominated by the respondents in Village Court—Appellate (Defendant) proceeded for rejection of the plaint in the face of these allegations—Plaint in civil suit cannot be rejected—To decide the truth of the matter evidence is necessary which can be available only in course of trial of the suit which is prima facie maintainable. Kazi Mobarak Ali vs Mohammad Yeasin Marumder 41 DLR (AD) 6. ....View Full Judgment

Section 12

In exercising the power under section 561A of the Code of Criminal Procedure to do real justice this Court cannot help a person who is flouting an order of a Court on mere technical ground and thereby helping him in avoiding the payment of fine imposed by a village Court which shall be recovered by Union Parishad concerned in accordance with Local Government Ordinance, 1976. Nur Mohammad Khan vs Abdul Jabber Munshi and State 1 BLC 17. ....View Full Judgment

Section 15 (Part I of the Schedule)

Transfer of a (criminal) case by the S.D.O.
Section 15 of Village Courts Ordinance shows that a Sub-Divisional Magistrate can transfer a case relating to Part I of the Schedule provided the Sub- Divisional Magistrate considers that the public interest and the ends of justice demands Its trial in a criminal court. Md. Sekandar Ali Sarker Vs. Chairman, Village Court (1981)33 DLR 201. ....View Full Judgment

Section 15(1)

Village Court’s order decreeing the suit passed in contravention of the S. D. 0’s order staying further proceeding, even if not aware of ii, is illegal—Such decree will have to be set aside by a competent court. Zillur Rahman Sarkar Vs. Abu Bakkar Siddique @ Siddique Ali Pk (1980) 32 DLR 292. ....View Full Judgment