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INTRODUCTION

The subject of legal History comprises the growth, evolution and


development of the legal system of a country; it sets forth the historical
process where by a legal system has come to be what it is over time.
The subordinate courts in Bangladesh are one of the two tiers of the court
system in Bangladesh and the other tier is the Supreme Court (which has
been discussed earlier).The subordinate courts are located in different
districts and metropolitan areas across Bangladesh. All the subordinate
courts are under the authority or supervision of the Supreme Court of
Bangladesh that is, all the subordinate courts of Bangladesh are subservient
or subjugated to the Supreme Court of Bangladesh. There are a wide variety
of subordinate courts, such courts are the creatures of statutes. Their
powers, Functions and jurisdictions are also determined by the respective
statutes. These are the basic courts in the system of the judiciary of
Bangladesh. The major bulk of the cases, are tried and heard in such courts.
The basis of subordinate courts are* Article. 114 of the Constitution of Bangladesh which deal with the
establishment pf subordinate courts and lays down the there shall be in
addition to the Supreme Court, such courts subordinate there to as may be
established by law.
* The Civil Courts Act 1887
* The Code of Criminal Procedure (CrPC) 1898
The subordinate courts in Bangladesh can be divided in two broad classes,
namely, civil courts and criminal court.

MUGHAL PERIOD
During the Mughal period the Emperor was considered the fountain of
justice. The Emperor created a separate department of justice with a view to
regulating and observing the proper administration of justice. A systematic
gradation of courts with well-defined powers of the presiding Judges existed
all over the empire. They were as follows:
At Delhi, the capital of the Mughal Empire, three important courts were
established: the Emperors Court, the Chief Court of the empire and the Chief
Revenue Court. The Emperors Court, presided over by the Emperor, was the
highest Court of the empire. The Court had original and appellate

jurisdictions to hear civil and criminal cases. The Chief Court of the
empire,
presided over by the Qazi-ul-Quzat (Chief Justice) who was appointed by the
Emperor, was the second important Court at Delhi, the seat of the Capital.
The Court had the original and appellate jurisdictions to hear civil and
criminal cases. It also supervised the working of the provincial courts. The
Chief Revenue Court, presided over by the Diwan-e-Ala was the third
important Court established at Delhi. It was the highest Court of appeal to
decide revenue cases.
In each Province (Subah) there were three courts, namely, the Governors
Court and the Bench, the Chief Appellate Court and the Chief Revenue Court.
The Governor;s own Court (Adalat-e-Nazim-e-Subah), presided over by the
Governor (Nazim-e-Subah), had original jurisdiction to hear cases arising in
provincial capital. Sometimes the Governor presided over a Bench to hear
original, appellate and revisional cases. The Provincial Chief Appellate Court
was presided over by the Qazie-e-Subah. The Court had ortginal and criminal
jurisdiction.
In each district (Sarkar) there were four courts ,namely, the Chief Civil and
Criminal Court of the district , Faujdari Adalat, Court of Kotwali and
Amalguzari Kachehri.In each parganah there were three courts , Adalat-eparagana ,Court of Kotwali and Kachehri. At the village level the Mughal
retained the ancient system of the panchaets for the settlement of petty
disputes. Aarpanch, the village-headman, was the President of the panchact.
This system of law under the Mughals was effective and worked well for
some centuries. Its disintegrstion started when the control of the Mughal
Emperors over the provinces became less effective. Another cause of this
disintegration was the coming of the English and the infiltration of their legal
system into the country. The acquisition of sovereignty over India was slowly
made by imperceptible steps and the sudden application of a foreign law
was in the highest degree, improbable. But ultimately the English
established their sovereignty over Indian Sub-continent and made an
expansion of the common law in India.
* Mayor of Lyons v. East Indian Co., (1836)1 M.I.A. 175, per Lord
Brougham at p. 277.

BRITISH PERIOD

The English first came to India as trading companies under a series of


Charters granted by successive English sovereigns. The earliest was of
Eliabeth I in 1600 A.D. It gave the company power to make reasonable byelaws, ordinances for the good government of the Company and its servants
provided they were not contrary to the laws, statutes or customs of the
English realm. Sir James Stephen thought that this first introduced the laws
of England into India.
In 1726 A.D. the Crown granted Letters Patent creating Mayors Courts in the
Presidency Towns of Calcutta, Bombay and Madras. These were not the
Companys Courts but Courts of the King of English. These Courts consisted
of the Mayors and certain aldermen and were authorised to try, hear and
determine all civil suits, actions and pleas and to give judgment and
sentence according to justice and rights. The Charter creating the Mayors
Courts did not expressly state that the law to be applied by these Courts was
to be the law of English. But the decision of the Privy Council was that the
Charter introduced into the Presidency Towns the law of England-both
common law and statute law-as it stood in 1726. Morley differing from the
view expressed by Sir James Stephen also reached the similar conclusion.
In course of time the activities of the companies were not confined to the
factories; and their officers gradually assumed the management of affairs in
the interior of the country as well. They defeated the Nawab of Bengal in
1757A.D. and established the politinal supremacy in Bengal, Bihar and
Orissa. In 1767A.D. Clive successfully persuaded Mughal Emperor Shah Alam
to grant to the Company Diwani to the collection and administration of
revenue of Bengal, Bihar and Orissa.
This involved the establishment, not only of officers to collect the revenue,
but also of court of administers civil and criminal justice. Professor Alan
Gledhill regarded it as the de jure recognition of supreme control of the
British.
After the acquisition of Diwaani in 1765 A.D. the Company introduced adalat
or court system in 1772A.D. for the administration of justice in Mufassil
beyond Presidency Town of Calcutta and set up two types of Court in each
revenue district. For civil justices, Provincial Civil Court styled Mufassil Diwani
Adalat was established in each collectorate and a Chief Civil Court styled
Sadar Diwani Adalat with appellate power was established in Calcutta. A
Supreme Court of Judicature replacing the Mayors Court was established in
Calcutta by a Charter of the 26 March, 1774 A.D. pursuant to the Regulating

Act of 1773, A.D. passed by British Parliament. It had jurisdiction of a


common law court and also the powers of the court of equity analogous to
those exercised at one time by the Court of Chancery in Britain.
In 1862.A.D.the High Court of Calcutta was established pursuant to the
provisions of the High Courts Act,1861. This High Court replaced the
Supreme Court and Chief Civil Court or Sadar Diwani Adalat. All the original
and appellate jurisdictions of the Supreme Court, the appellate jurisdiction of
Sadar Diwani Adalat and Sadar Nizamat Adalat became vested in the said
High Court. Provision for appeal from the High Court to the Privy Council was
made under certain circumstances. The provisions of the High Courts Act,
1861, were modified by the Indian High Courts Act, 1911. The Government of
India Act, 1915, reenacted all provisions made by the Indian High Courts Acts
of 1861 and 1911 in relation to the High Courts. The Government of India
Act, 1935, retained many provisions regulating the establishment,
constitution, jurisdiction and powers of the High Courts.
The Government of India Act, 1935, also provided for the establishment of a
Federal Court Which was given exclusive original jurisdiction to decide cases
between the Centre and the constituent Units. Its advisory jurisdiction was
limited only to those cases which were referred to it by the Governor-General
for its advice on any legal question of public importance. It also exercised
appellate jurisdiction from-the decisions of the High Courts but it was a very
limited one. The Act made provision for an appeal to the Privy Council from
the Federal Court.

This judicial system continued up to 1947 A.D. when two independent


dominions, India and Pakistan, were created under the Indian Independence
Act, 1947.
Before closing the discussion on the legal system under the British period a
brief discussion on the codification of law should be made. The beginning of
the 19 century was full of confusion and chaos. Law in all the Presidency
Towns was not uniform. Judicial decisions introduced some differences
therein. There was uncertainty whether a particular proposition of law was
applicable or not either in the Mofussil or in the Presidency Towns till the
highest court had given a verdict. The non-Hindu and non-Muslim sections of
population were subject to different laws as according as they resided in the
Mofussil or the Presidency Towns, and this caused them great inconvenience.

The condition of law at that period provoked comments and criticisms from
many leading people who put emphasis on the codification of law. The
creation of an All India Legislative Council in 1833 under the Charter Act of
1833 and creation of Law Commissions of 1835,1853,1861, and1879,were
the direct reflections of these comments and criticisms,and the promulgation
of the Indian Penal Code,1860(Act XLV of 1860), marked the beginning of
the period of codification of substantive law.
In 1872 the famous Indian Evidence Act (Act I of 1872) and Indian Contract
AIbid., at p. 551.ct (Act IX of1872 ) were passed. All these Acts were based
on the common law of England and made remarkably few departures from it.
Within a few years a number of Acts were passed which provided the laws
according to the provisions of which administration of justice was
maintained.

HINDU PERIOD
In ancient Bangladesh as well as in India the king was regarded as the
fountain-head of justice. His foremost duty was to protect his subjects. He
was respected as the lord of religion and was entrusted with the supreme
authority of the administration of justice in his kingdom. The kings Court
was the highest Court of appeal. It was also the original Court on the cases of
vital importance to the kingdom.
Next to the King was the Court of the Chief Justice. Apart from the Chief
Justice, the Court consisted of a board of Judges to assist him. In the district
headquarters the courts were presided over by the government officers
under the authority of the King for the administration of justice. In the
villages there existed panchaets (councols) consisted of a board of five or
more members to dispense justice to the villagers. The village panchaets
dealt with simple civil and criminal cases.
In ancient Bangladesh the law which was administered was customary.
Canon law was also recognized. Besides, dicta emanating from religion was
regarded as a major source of law. This system remained operative in the
country with some modifications here and there until the advent of Islam in
Indian Sub-continent
PAKISTAN PERIOD

During the Pakistan period except abolition of the jurisdiction of the Privy
Council and conferment of the same on the federal court established under
the Government of India Act 1935, there was no change in the structure and
constitution of the courts. By an amendment of the Act of 1935 the high
courts were given power to issue writs, but subsequently that amendment
was declared invalid by the federal court. The Constitution of Pakistan 1956
empowered the high courts to issue writs not only to enforce fundamental
rights, but also to declare any action of public authorities to be without lawful
authority and of no legal effect and other remedies.
The supreme court which replaced the federal court was given power to
issue writs to enforce fundamental rights in addition to the power to hear
appeals from the decision of the high courts. The supreme court and the high
courts could also declare null and void any laws which was inconsistent with
the fundamental rights. The laws made during British rule continued with
minor modifications. However, after the promulgation of martial law in 1958,
the Constitution was abrogated. Trial by jury was abolished in June 1959, and
in 1961 conciliation courts were constituted with the chairmen of the union
prishads and representatives of the disputing parties to decide petty civil and
criminal cases. The Constitution of 1962 as amended in 1964 gave power to
the high courts to enforce fundamental rights in addition to power to issue
writs, and the supreme court to hear appeals from the decisions of the high
courts. But the constitution was again abrogated in 1969 after the
promulgation of second martial law.

BANGLADESH PERIOD
After the emergence of Bangladesh in 1971, initially there was no change of
laws and the judicial system. But with the coming into force of the
Constitution of Bangladesh on 16 December 1972, the Supreme Court of
Bangladesh with two divisions, the High Court Division and the Appellate
Division, came into being. As the apex court the high court division has been
vested with the power to hear appeals and revisions from subordinate courts,
and also to issue orders and directives in the nature of writs to enforce
fundamental rights and to grant other reliefs available under the writ
jurisdiction.
The appellate division is vested with power to hear appeals from the
decisions of the high court division or from any other body under any statute.
The high court division has also powers of supervision and control of the

subordinate courts and tribunals. The supreme court is a court of record and
can punish any one for its contempt or contempt of the courts subordinate to
it. The laws declared by the appellate division is binding on the high court
division and law declared by either division is binding on all subordinate
courts. The high court division may declare any law inconsistent with the
fundamental rights as null and void. The President of the republic controls
the judicial officers of the subordinate courts in consultation with the
supreme court.
There are labour courts and labour appellate tribunals to decide labour
disputes, administrative tribunals and administrative appellate tribunal to
decide service disputes of public servants, income tax appellate tribunal to
decide income tax disputes, custom, excise and VAT Appellate tribunal to
decide disputes regarding custom and excise duties and VAT, court of
settlement to decide disputes about abandoned properties, special judges to
try corruption cases against public servants, special tribunals to try criminal
cases under the Special Power Act 1974 and Nari-o-Shishu Nirjatan Daman
Adalats to decide cases of crimes committed against children and women. To
decide election disputes the election tribunals are constituted with judicial
officers. Other tribunals follow the some procedure. Family courts have been
constituted with assistant judges to decide family disputes. To decide money
claims of the banks and other financial institutions Artha Rin Adalats have
been set up presided over by judges, and insolvency courts have been set up
presided over by district or additional district Judges to declare defaulting
borrowers as insolvent. To try offences committed by children below the age
of 16 years, juvenile courts have been formed with the magistrates and
sessions judges, and juvenile courts follow the special procedure laid down in
the childrens Act.
Court martial formed under the provisions of the Army Act, Air Force Act, and
Navy ordinance, tries the offences committed by the members of the armed
forces, and the decision of such a court cannot be challenged in the supreme
court. There are village courts in the rural areas and municipal conciliation
boards in the urban areas to decide petty civil and criminal cases. The land
appeal board is the highest authority to hear revenue appeals from the
decisions of the subordinate land revenue authorities, and the national board
of revenue decides tax, duty, excise and VAT cases at the highest level.
Almost all the substantive laws creating rights and obligations are those
enacted during the British period, and are still in operation with modifications
from time to time. The most important modifications of the Code of Criminal

Procedure are abolition of the provisions of enquiry made by the magistrate


to see whether there is a prima-facie case against the accused to send him
for trial in the court of sessions and trial of sessions cases by the assessors.
The legal system of Bangladesh is basically a common law system with the
difference that the supreme court can not only interpret laws made by the
jatiya sangsad but can also declare the same null and void and enforce
fundamental rights of the citizens. Though the legal system is founded on
the English common law, most of the laws of Bangladesh are statutory laws
enacted by the legislature and interpreted by the higher courts. The
procedural laws provide for an adversarial system of litigation in which
prosecution has to prove the guilt of the accused who has no burden save in
some exceptional cases, and the accused is presumed innocent till found
guilty after trial, whereas in a civil case the burden is divided between the
litigating parties. Moreover, there is a separation of powers amongst the
legislature, executive and judiciary. The supreme court is not only
independent of the other organs, but also acts as the guardian of the
Constitution. Though the subordinate judiciary is independent in exercising of
judicial power, the same is under eclipse due to the absence of separation of
the lower judiciary from the executive. Consecutive governments committed
themselves to separation, but as yet no action has been taken at the ground
level. The Sangsad can enact laws, but the same cannot be inconsistent with
the provisions of the Constitution, which include a number of fundamental
rights. Thus the legislative power of the Bangladesh Jatiya Sangsad is not
unlimited like that of the British parliament which is said to have power to
make any law.
The basic law of Bangladesh is the constitution of the Peoples Republic of
Bangladesh, 1972 as amended from time to time. Till 1996, thirteen
amendments have been made. All laws of the country are subordinate laws
made by the elected Sangsad conforming to the tenets of the Constitution.
The laws enacted by the legislature and now in operation regulate almost all
spheres of life. Ordinarily executive authorities and statutory corporations
cannot make any law, but can make by-laws to the extent authorized by the
legislature. Such subordinate legislation is known as rules or regulations.
Unless found ultra vires of the parent law, such rules or regulations are also
enforceable by the court like the laws made by the legislature. Important
laws of the country may be classified under some broad heads such as land
and property laws, personal laws, commercial laws, labour and industrial
laws, election laws, law of crimes, service laws, fiscal laws, press laws and
laws relating to the remedies.

In addition, there are various other laws on different subjects regulating


different fields and spheres of activities of national life. To seek remedy a
person has to file a case before the appropriate court or authority. Claims
regarding money, property, compensation etc is to be filed before the civil
court presided over by the assistant judge or subordinate judge according to
value of the claim, and complaint against commission of crime is to be filed
either with the local police station or in the criminal court of the magistrate
of the first class of the locality. The police investigates the cases lodged with
the police station and produces witnesses before the court during trial. On
the other hand, it is the responsibility of the complainant to produce
witnesses before the court in the cases in which magistrates take cognizance
on the basis of a written complaint. There are other authorities before which
remedies may be sought by an aggrieved party. Those authorities are
administrative authorities or tribunals. Except in respect of enforcement of
fundamental rights, admiralty, company matters and writ petitions, relief
cannot be sought directly from the high court division which mainly deals
with appeals and revisions from the decisions of the subordinate courts.
The legal system is so vast and complicated that an ordinary person without
the help of a legal practitioner (known as advocate) cannot effectively seek
legal remedy from the court, administrative authorities or tribunals though
there is no legal bar in seeking remedy directly without engaging a lawyer.
The attorney general is the principal law officer of the government. He is also
leader of the bar and ex-officio chairman of the bangladesh bar council. He is
assisted by the additional attorney general, deputy attorney generals and
assistant attorney generals. They represent the state in the supreme court
and conduct cases at courts on behalf of the state. The government pleader
is the principal law officer of the government in the district and he is assisted
by the additional and assistant government pleaders. They represent the
state in the subordinate civil courts in the district and conduct cases in those
court on behalf of the state. Similarly the public prosecutor is another
principal law officer of the government in the district in criminal matters. He
is assisted by the assistant public prosecutors. They conduct prosecution
cases on behalf of the state in the courts of sessions, sessions level courts or
tribunals in the district. The police inspectors conduct prosecution cases on
behalf of the state in the courts of the magistrates.
In Bangladesh every one is equal before the law and entitled to equal
protection of law, and there cannot be any discrimination on the ground of
religion, race, sex, etc and no one can be detrimentally affected in life,

liberty, body, reputation or property except in accordance with law. rule of


law is one of the basic features of the legal system of Bangladesh.

Criminal Justice System in Bangladesh


The phrase Criminal Justice System refers to the system of State and Local
Public Agencies that deal with the crime problem. Proper dispensation of
Criminal Justice System is no doubt sine qua none for a healthy secured
society. The present criminal justice system of Bangladesh owes its origin
mainly to 200years British rule in Indian Sub-Continent; tough it has been
gradually developed as a continuous historical process through Hindu and
Mughal administration. There are at least five periods by passing which our
present administration of justice has been developed. In Hindu Period, the
King was considered as the Kings Court, Chief Justice Court, Village Council
etc. In Muslim period, the criminal justice system was administered through
three consecutive sub-periods that was period of Turkish Muslims, the
Sultanate of Delhi and the Mughal Empire.The theory of Muslims was based
on Quran and their religious book. Somuzat,Diwan-e-Mazalim, Sarde Jehans
Court, Adalat Nazim Subha, Adalat Qazi-eSubha,Faujder Court etc.The
modernization of ancient criminal justice system took place by the
interference of the East India Company. The administration of justice was
regulated by several Charters and Act. Gradually, Supreme Court and High
Court were established. In the last era of British India there were Courts of
Session,Presidency Magistrate,1st Class,2nd Class and 3rd Class Magistrate
which was established by the Code of Criminal Procedure,1898. Bangladesh
has adopted this Criminal Justice System. The judicial procedure is regulated
by the Code of 1898 and the Act of 1860 has defined the crimes and
prescribed the punishment. This system is considered as the staircase of
Criminal Justice System of Bangladesh. Nature of Criminal Justice System
Followings are the nature and features of the Criminal Justice System of
Bangladesh-

1. Criminal Justice System is adversarial in nature meaning that the whole


process is a contest between two parties one of whom is State and the other
is accused of crime. The judge acts as an umpire between parties.
2. A person accused of a crime is presumed to be innocent until the
prosecution proves his guilt.

3. Guilt of the accused must be proved beyond any reasonable doubt. This is
the criminal standard of proof.
4. In criminal proceeding, the basic rule is that the prosecution bears the
legal burden of proving every fact in issue. The burden of proof as to any
particular fact lies on that person who wishes the Court to believe in its
existence.
5. Criminal Justice System consists in the punishment of wrongs. Normally in
a criminal justice, the injured person claims no right, but accuses the
defendant of wrong.

6. In Criminal Justice System, there is no retrospective operation of Criminal


law. Retrospective means looking backwards having reference to a state of
things existing before the Act in question. It is a settled principle that
criminal laws have no retrospective operation in the eye of law. Constitution
of Bangladesh also ensures that no person shall be convicted to any offence
which is not in force at the time of the commission of the act.xviii
7. It is a general rule that Penal enactments are to be interpreted strictly and
not extended beyond their clear meaning. A penal Statute must be construed
according to its plain, natural and grammatical meaning. Special criminal law
prevails over the general criminal law12
8. There are almost five agencies in a criminal justice system. These are:
(a) Law Enforcing Bodies,
(b) The Prosecutors,
(c) The Defence Counsel,
(d) Adjudicating Authorities and,
(e) Correctional Services personnel.

Criminal Court Structure of Bangladesh


The apex criminal court is the Appellate Division and High Court Division
of Bangladesh. Besides those there are some other ordinary criminal Courts
which have their legal basis in the Code of Criminal Procedure, 1898.

Section 6 of the Cr.P.C provides the following two types of courts1. Court of Sessions and
2. Court of Magistrates.

The Court of Sessions is presided over by the following three types of judges1. Session Judge,
2. Additional Judge,
3. Joint Session Judge.

The Court of Magistrates may be of the following classes1. Judicial Magistrate,


2. Executive Magistrate.

The Courts of Judicial Magistrates may be presided over by as many as five


types of
Magistrate1. Chief Judicial Magistrate or Chief Metropolitan Magistrate,
2. Additional Chief Judicial Magistrate or Additional Chief Metropolitan
Magistrate,
3. Senior Judicial Magistrate (First Class Magistrate, Metropolitan Magistrate),
4. Second Class Magistrate,
5. Third Class Magistrate.

Power & Functions of this Courts

The adjudicating authorities perform its proceeding through following two


stages1. Proceeding Stage and
2. Trial Stage.

Proceeding stage consists of taking cognizance of a criminal proceeding and


transfer to an appropriate court. Under Section 190, any CMM,CJM,MM,1st
class Magistrate or other Magistrate specially empowered may take
cognizance of an offence on the basis of any of the three sources
(a) upon a charge sheet
(b) upon a complaint
(c)upon own knowledge or private information. Under Section 193, the Court
of Sessions can take cognizance of offence.

Trial stages has two phases


(a) trial in Magistrate Court and
(b) trial in Session Court.
This is because the nature and procedure of trial in these two courts are
different. Trial in Magistrate Court takes two forms-Summery trial and
Regular trial. In Summery trial, the Court shall try the accused in short. Here
the Court is dispensed with the recording evidence. The distinctive features
of this system is that the Magistrate can impose sentence not exceeding
2years. Strict rules of evidence may not be followed here. In regular trial, the
Magistrate will first consider the record of the case and he will hear the
parties. Having done that if he considers the charge to be groundless , he
may discharge the accused. But if he is of opinion that there is a prima facie
case for the accused, he shall frame a formal charge. After framing charge, if
the accused pleads his guilt, he may convict him accordingly. If the accused
does not plead his guilt, magistrate shall proceed to hear the case on the
basis of evidence. If after hearing evidence, the Magistrate finds the accused
not guilty, he shall record an order of acquittal. But if the Magistrate finds the

accused guilty, he shall pass the sentence. Trial in Sessions Court starts with
the opening of the prosecution case. The Public Prosecutor (PP) opens the
case by describing the charge brought against the accused and starting by
what evidence he will prove the guilt of the accused. Then the Session Judge
will give both the sides chance to argue in favour of framing charge or
discharge. After such hearing and considering the record of the case, if the
judge finds no sufficient ground he will discharge the accused. But if the
Judge is of opinion that there is a prima facie case, he will frame a formal
charge. After framing formal charge, if the accused pleads the guilt, he will
be convicted. If the accused does not plead his guilt, the PP will first examine
all prosecution witnesses. Cross examination and re-examination will also be
held accordingly. After considering prosecution evidence and arguments, the
court will pass the order of acquittal or conviction.

Causes of delay in disposal of Criminal Cases

Article 35(3) ensures the right to speedy justice as fundamental rights. But
due to some unavoidable circumstances, it is impossible to ensure the right
of speedy disposal of cases. From the analysis of the disposal procedure of
cases, the following causes of delay can be remarked1. Absence of completion of trial of criminal cases within time.
2. Inadequate number of judges.
3. Non attendance of witness at trial.
4. Absence of skilled and experienced regular prosecution.
5. Absence of exclusive criminal courts of session.
6. Absence of regular inspection of the subordinate session court by the
Session judges or
Supreme Court.

References
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(ELCOP), 2009.
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vi. Rahman Dr. Mizanur, Alternative Dispute Resolution HR Summer School


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x. Akhtaruzzaman Md, Concept and Laws on Alternative Dispute Resolution
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xi. Hasan K.M.(former chief justice of Bangladesh), A report on Mediation in
the Family Courts: Bangladesh experience presented in the 25th
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xii. Akhtaruzzaman Md, Concept and Laws on Alternative Dispute Resolution
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xiii. Halim Md. Abdul, The Legal System of Bangladesh, Dhaka, CCB
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Dhaka, 2006.
xv. Huq Zahirul, Law and Practice of Criminal Procedure, Bangladesh law
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xvi. Kumar Anoop, Article on Applicability of ADR in Criminal Cases, Lucknow,
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xvii. Section 101-114 of the Evidence Act, 1872.
xviii Article 35(1) of the Constitution of the Peoples Republic of Bangladesh.
xix. Akhtaruzzaman Md. Interpretation of Statute and general Clauses Act,
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xx. Halim Md. Abdul, Text Book on Code of Criminal Procedure, CCB
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xxi. Section 190 of the Code of Criminal Procedure, 1898.
xxii. Sections (260-265) of the Code of Criminal Procedure,1898.

xxiv. Huq Zahirul, Law and Practice of Criminal Procedure, Bangladesh law
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xxvii. Akhtaruzzaman Md, Concept and Laws on Alternative Dispute
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xxviii. Akhtaruzzaman Md. 2011, p.203.
xxix. Rediff O & A, Meaning of Compounding Offences
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xxxi. Section 345(4) of the Cr.P.C, 1898.
xxxii. Section 345(5) of the Cr.P.C, 1898.
xxxiii. Section 345(5A) of the Cr.P.C, 1898.
xxxiv. Section 345(7) of the Cr.P.C, 1898.
xxxv. Akhtaruzzaman Md, Conflict Resolution: Introducing ADR in Criminal
Justice Administration inBangladesh, Journal of 10th Human Rights Summer
School (ELCOP), 2009.
Special Thanks to
1. Dr. Md. Emran Parvez Khan, Chairman, Department of Law, Z. H. Sikder
University of Science & Technology.
2. Md. Abdul Karim, lecturer, Department of LAW, Z. H. Sikder University of
Science & Technology.

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