Establishment of the Bangladesh Supreme Court
Article 94(A) of the Constitution of the People”s Republic of Bangladesh provides that there shall be a Supreme Court for Bangladesh (to be known as the Supreme Court of Bangladesh) compromising the Appellate Division and the High Court Division.
High Court Division
According to the Article 101 of the Constitution of the People’s Republic of Bangladesh- there are two sources of power and jurisdiction of the High Court Division-The Constitution and ordinary law or hence the jurisdiction of the High Court Division divided into two categories- Constitutional jurisdiction and general or statutory jurisdiction.
Power and jurisdiction of The High Court Division
There are twp source of power and jurisdiction of the High Court Division–The Constitutional or ordinary law or general law.
Jurisdiction of The High Court
- Original Jurisdiction
- Appellate jurisdiction
- Revisional jurisdiction
- Reference jurisdiction or Special Statutory jurisdiction
- Admiralty jurisdiction
- Miscellaneous jurisdiction
Original jurisdiction of the High Court Division means the jurisdiction whereby it can take a case or suit as a court of first instance. Cases under this jurisdiction are to b filed directly in the High Court Division. For example ,the Companies Act 1994,the Admiralty Act 1861 and the Banking Companies ordinance 1962.
2. Appellate Division
Appellate jurisdiction means whereby the High Court division examined the lower records,deposition of evidence,finding of the judgment and legalities of the judgment. Any law may confer on the High Court Division appellate jurisdiction on any matter. For example the code of Civil Procedure and the Code of Criminal procedure have conferred appellate jurisdiction on the High Court Division.
3. Revisional Jurisdiction
Revisional jurisdiction of the High Court Division means the jurisdiction whereby it examines the decision of itds subordinate Courts. For example: section 115 of the Code civil Procedure andd section 439 of the Code Criminal Procedure.
4. Reference jurisdiction
Reference jurisdiction of the High Court Division means the jurisdiction whereby the High Court Division give opinion and order on a case reffered by any subordinate court. Example – section 113 of the Code of Cicivil Procedure, section 438 of the code of Criminal procedure,section 160 of the Income tax Ordinance 1984,section 27(3) of the Wealth Tax Act 1965
5. Admiralty jurisdiction
This jurisdiction conferred under Admiralty Act 1861
6. Miscellaneous jurisdiction
Any law may confer on the High Court Division miscellaneous jurisdiction on any matter. For example the Code of Civil Procedure and the Code of Criminal Procedure have conferred on the High Court division miscellaneous jurisdiction.