Establishment of Civil Courts under special law:
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Establishment of Civil Courts under special law:
Unlike the civil courts in rest of the country, the civil courts in CHT
area have not been established under the Civil Courts Act, 1887 (Act No.
XII of 1887). Rather, they have been established under the amended
provision of the said Regulation. Therefore, they are the special types of
civil courts established under the said special law. ...Civil Miscellaneous
No. 11 of 2022 (Reference), (Civil), 17 SCOB [2023] HCD 8
....View Full Judgment
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Civil Miscellaneous No. 11 of 2022 (Reference) |
17 SCOB [2023] HCD 8 |
Section 6 and 8:
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Chittagong Hill-Tracts Regulation (Amendment) Act, 2003, Section 6 and 8:
Therefore, if we read this added sub-section (5) of Section 8 along with
the said special provision under Section 6 of the amending Act, we have no
option but to hold that it is the Legislature, which does not want those
pending civil appeals and proceedings of civil nature to be transferred to
the District Judge of the respective districts and, because of that, the
Legislature remained silent in respect of the said pending civil appeals
and proceedings. ...Civil Miscellaneous No. 11 of 2022 (Reference),
(Civil), 17 SCOB [2023] HCD 8
....View Full Judgment
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Civil Miscellaneous No. 11 of 2022 (Reference) |
17 SCOB [2023] HCD 8 |
Section 8(3), 8(4), 8(5):
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The District Judges of the respective districts shall only have
jurisdiction to entertain appeals from the orders, judgments and decrees of
the respective Joint District Judges of the said districts:
Although three separate civil jurisdictions have been created and Joint
District Judges of the said districts have been given the jurisdiction to
try civil cases, such civil cases shall have to be tried or disposed of in
accordance with the existing laws, customs and usages of the district
concerned and not in accordance with the Code of Civil Procedure. On the
other hand, the said Joint District Judges, exercising original
jurisdiction, shall not have jurisdiction in trying or disposing of cases
arising out of family laws or other customary laws of the tribes of the
district concerned and such matters shall be triable by the respective
Mouza Headmen and Circle Chiefs. Finally, the District Judges have been
given appellate jurisdiction only against the orders, judgments and decrees
of the Joint District Judges of the respective districts and not against
any order of the Deputy Commissioner of the district concerned or any other
officer. It has long been settled by long line of decisions of this Court
that the jurisdiction as well as the appellate jurisdiction of a Court is
the creature of Legislation and such jurisdiction can be exercised by such
appellate forum only to the extent of such power given by the Legislature
by the said legislation conferring such jurisdictions. This being so, in
the instant matter, it appears that the District Judges of the respective
districts shall only have jurisdiction to entertain appeals from the
orders, judgments and decrees of the respective Joint District Judges of
the said districts. ...Civil Miscellaneous No. 11 of 2022 (Reference),
(Civil), 17 SCOB [2023] HCD 8
....View Full Judgment
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Civil Miscellaneous No. 11 of 2022 (Reference) |
17 SCOB [2023] HCD 8 |
Section 8(4)
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Applicability of the customary law of the land in Chittagong Hill Tracts:
Historically Chittagong Hill Tracts area was governed by distinctive law
and administrative procedure. Particularly, in matters of civil disputes,
the customary law of the land in Chittagong Hill Tracts area has always
been made applicable. Such historic recognition of customary law and
non-application of Code of Civil Procedure has again been recognized by the
Legislature by inserting sub-section (4) in Section 8 of the said
Regulation providing, thereby, that the Joint District Judge, as Court of
original jurisdiction, shall try all civil cases in accordance with the
existing laws, customs and usages of the district concerned. Not only that,
the Legislature, by this amending Act, has also kept the cases arising out
of family laws and other customary laws of the tribes out of the
jurisdiction of the Joint District Judges and, in respect of those matters,
the jurisdiction of the Mouza Headmen and Chief Circles concerned of the
triable people have been recognized. ...Civil Miscellaneous No. 11 of 2022
(Reference), (Civil), 17 SCOB [2023] HCD 8
....View Full Judgment
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Civil Miscellaneous No. 11 of 2022 (Reference) |
17 SCOB [2023] HCD 8 |
Section 17
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Chittagong Hill Tracts Regulation, 1900
Section 17 r/w
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
সম্পর্কিত মামলা।.....Wagachara Tea Estate Ltd
=VS= Muhammad Abu Taher, (Civil), 2017 (2)– [3 LM (AD) 478]
....View Full Judgment
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Wagachara Tea Estate Ltd =VS= Muhammad Abu Taher |
3 LM (AD) 478 |
Section 17(3)
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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
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Wagachara Tea Estate Ltd =VS= Muhammad Abu Taher |
3 LM (AD) 478 |
Rule 34
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The Constitution of Bangladesh, 1972
Article 42 r/w
The State Acquisition of Tenancy Act, 1950
Section 97 r/w
The Chittgaong Hill Tracts Regulation, 1900
Rule 34 r/w
The Rangamati, Bandarban, Khagrachori Zilla Parishad Ains, 1989
Section 64(a), (b), (c), (d), (e), (f) and (g)
The restrictions mentioned in Article 42 will be available in section 97 of
the State Acquisition of Tenancy Act, 1950, Rule 34 of the Rules for the
administration of the Chittgaong Hill Tracts and section 64 of the
Rangamati, Bandarban, Khagrachori Zilla Parishad Ains, 1989. Section 97 of
the Act of 1950 provides ‘Restriction of alienation of land by
aboriginals’. Under this provision if an aboriginal raiyat desires to
transfer holding or any portion thereof by private sale, gift or will to
any person who is not such as aboriginal, he may apply to the Revenue
Officer for permission in that behalf and the Revenue Officer may pass such
order on the application as he thinks fit. There are also restrictions for
mortgage of land of aboriginals. Rule 34 of the Rules promulgated in
exercise of powers under Chittgaong Hill Tracts Regulation, 1900 which
restricts “Settlement and Government khas land, Transfer, Partition and
Subletting”. It is provided that no ‘settlement of Government Khas Land
shall be made in the district of Chittagong Hill Tracts except in the
manner specified in clauses (a), (b), (c), (d), (e), (f) and (g). Section
64 of the Ains of 1989 prohibits sale, lease, settlement or otherwise
transfer of lands of three hill districts without prior permission of the
Hill District Parishads. .....Wagachara Tea Estate Ltd =VS= Muhammad Abu
Taher, (Civil), 2017 (2)– [3 LM (AD) 478]
....View Full Judgment
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Wagachara Tea Estate Ltd =VS= Muhammad Abu Taher |
3 LM (AD) 478 |
Regulation 48
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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.
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Rajkumari Llnika Devi vs Bangladesh & others |
9 BLC (AD) 181 |
Rule-48
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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.
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Mr. Ana Ram Tripura Vs. Shwe Hda Prue & Ors. |
4 BLT (AD) 19 |
Regulation 48
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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.
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Aung Shwe prue Chowdhury Vs. Kyaw Sam Prue Chowdhury & ors, |
18 BLD (AD) 33 |
Regulation 1 of 1900 is a dead law
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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
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Ministry of Finance =VS= Rangamati Food Products Ltd. |
5 LM (AD) 302 |
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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.
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Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others |
3 MLR (AD) 41 |
Chittagong Hill-Tracts Regulation-
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It is now established that all civil suits will be triable from 1st July,
2008 by the Joint District Judge of the respective 3(three) Hill-Tract
Districts and the parties aggrieved thereto may prefer an appeal before the
learned District Judge of the respective Hill-Tract Districts and as such,
any person aggrieved by the judgment and decree passed by the learned
District Judge may prefer civil revisional application before the High
Court Division under section 115 of the Code of Civil Procedure 1908.
...Noor Mohammad Khan Vs. Bangladesh, (Civil), 1 SCOB [2015] HCD 122
....View Full Judgment
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Noor Mohammad Khan Vs. Bangladesh |
1 SCOB [2015] HCD 122 |
Cittagong Hill Tracts Regulation-
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Cittagong Hill Tracts Regulation 1900
Article 152 of the Constitution of Bangladesh
Temporary injunction, Mutation Case, Special statutory rules and
regulations, Cittagong Hill Tracts Refgulation 1900, Customary laws of the
Chittagong Hill Tracts, Article 152 of the Constitution of Bangladesh,
Existing laws; Private parties regarding declaration of a deed,
Registration of the deed, Competence any of party;
Mandatory issuance of notice upon the statutory authorities before filing
of any suit in accordance with the relevant laws and also taking into
consideration the existing customary laws of the Chittagong Hill Tracts
which contemplate mandatory service of notice to the concerned authorities
prior to filing any suit. ...Pruesiau Aug Marma & anr. Vs. Aungmra Shang
Marma & anr., (Civil), 14 SCOB [2020] HCD 133
Customary laws and usages of the Chittagong Hill Tracts are all within the
ambits of law and as such they can not be violated. ...Pruesiau Aug Marma &
anr. Vs. Aungmra Shang Marma & anr., (Civil), 14 SCOB [2020] HCD 133
....View Full Judgment
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Pruesiau Aug Marma & anr. Vs. Aungmra Shang Marma & anr. |
14 SCOB [2020] HCD 133 |