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

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

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

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

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

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 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

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.

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.

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.

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

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.

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

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