Civil Procedure Code Jurisdiction in Bangladesh

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Questions and Answers

What is the primary factor that determines the jurisdiction of civil courts in Bangladesh?

The discretion of the judge

The value of the subject matter (correct)

The location of the plaintiff

The type of case being filed

Which section of the CPC outlines the jurisdiction of High Courts in certain cases?

Section 9

Section 21

Section 41

Section 15 (correct)

What is the period of limitation for filing an appeal against a decree or order?

90 days

15 days

30 days (correct)

60 days

What is the power of the appellate court in relation to the decree or order appealed against?

To confirm, reverse, or modify the decree or order Signup and view all the answers

What is the time limit for a decree-holder to apply for execution of a decree?

12 years Signup and view all the answers

What is one of the ways a court can execute a decree in Bangladesh?

By issuing a warrant to seize the property of the judgment debtor Signup and view all the answers

What is the primary law governing evidence in civil proceedings in Bangladesh?

The Evidence Act, 1872 Signup and view all the answers

What is the power of the court in relation to witnesses and documents in civil proceedings?

To summon witnesses and documents Signup and view all the answers

What determines the jurisdiction of civil courts in Bangladesh?

The subject matter, value, and territorial jurisdiction of the suit Signup and view all the answers

What is the purpose of a decree?

To conclusively determine the rights of the parties with regard to the matters in controversy Signup and view all the answers

What happens if a defendant fails to appear in response to a summons?

The court proceeds ex parte and passes a decree Signup and view all the answers

What is the process of enforcing a court's judgment called?

Execution of a decree Signup and view all the answers

What is the limitation period for filing an appeal against an order?

30 days Signup and view all the answers

Which section of the CPC provides for the execution of decrees?

Section 36 Signup and view all the answers

What is the purpose of issuing a summons in a civil suit?

To summon a defendant to appear before the court Signup and view all the answers

What is the role of the High Court Division in relation to appeals?

It is the second level of appeal Signup and view all the answers

What is the consequence of non-appearance of a defendant in response to a summons?

The court proceeds ex parte and passes a decree Signup and view all the answers

Study Notes

Jurisdiction

The Code of Civil Procedure, 1908 (CPC) in Bangladesh outlines the jurisdiction of civil courts.
Section 9 of CPC states that every suit shall be instituted in the court of the lowest grade competent to try it.
Jurisdiction is determined by the value of the subject matter, with higher value suits going to higher courts.
Section 15 of CPC provides for the jurisdiction of High Courts in certain cases, such as those involving constitutional matters or high-stakes disputes.

Appeals

Appeals under CPC in Bangladesh are governed by Order 41 and 42.
Appeals can be filed against decrees, including those related to judgments, orders, and interim orders.
The period of limitation for filing an appeal is 30 days from the date of the decree or order.
Appeals can be filed in the High Court or the Supreme Court, depending on the nature of the case.
The appellate court has the power to confirm, reverse, or modify the decree or order appealed against.

Execution of Decrees

Execution of decrees in Bangladesh is governed by Order 21 of CPC.
A decree-holder can apply for execution of a decree within 12 years from the date of the decree.
The court can execute a decree by:
- Delivery of property
- Arrest and detention of the judgment debtor
- Attachment and sale of property
- Appointment of a receiver
The court can also issue a warrant to seize the property of the judgment debtor.

Evidence

Evidence in civil proceedings in Bangladesh is governed by the Evidence Act, 1872, and Order 16 of CPC.
The Evidence Act outlines the rules of evidence, including those related to burden of proof, admissibility of evidence, and witness testimony.
Order 16 of CPC provides for the production and inspection of documents, as well as the examination of witnesses.
The court has the power to summon witnesses and documents, and to issue commissions for the examination of witnesses or for the inspection of documents.

Jurisdiction

The Code of Civil Procedure, 1908 (CPC) outlines the jurisdiction of civil courts in Bangladesh.
Section 9 of CPC states that every suit shall be instituted in the court of the lowest grade competent to try it.
Jurisdiction is determined by the value of the subject matter, with higher value suits going to higher courts.
Section 15 of CPC provides for the jurisdiction of High Courts in certain cases, such as those involving constitutional matters or high-stakes disputes.

Appeals

Appeals under CPC in Bangladesh are governed by Order 41 and 42.
Appeals can be filed against decrees, including those related to judgments, orders, and interim orders.
The period of limitation for filing an appeal is 30 days from the date of the decree or order.
Appeals can be filed in the High Court or the Supreme Court, depending on the nature of the case.
The appellate court has the power to confirm, reverse, or modify the decree or order appealed against.

Execution of Decrees

Execution of decrees in Bangladesh is governed by Order 21 of CPC.
A decree-holder can apply for execution of a decree within 12 years from the date of the decree.
The court can execute a decree by:
- Delivery of property
- Arrest and detention of the judgment debtor
- Attachment and sale of property
- Appointment of a receiver
The court can also issue a warrant to seize the property of the judgment debtor.

Evidence

Evidence in civil proceedings in Bangladesh is governed by the Evidence Act, 1872, and Order 16 of CPC.
The Evidence Act outlines the rules of evidence, including those related to burden of proof, admissibility of evidence, and witness testimony.
Order 16 of CPC provides for the production and inspection of documents, as well as the examination of witnesses.
The court has the power to summon witnesses and documents, and to issue commissions for the examination of witnesses or for the inspection of documents.

Jurisdiction

The Code of Civil Procedure (CPC) in Bangladesh determines the jurisdiction of civil courts based on the subject matter of the suit, the value of the suit, and the territorial jurisdiction.
The CPC also defines the jurisdiction of the High Court Division and the Appellate Division of the Supreme Court.

Appeals

The CPC allows for appeals against judgments and orders of civil courts.
Appeals against decrees are governed by Section 96 of the CPC, while appeals against orders are governed by Section 104.
Second appeals can be filed with the High Court Division, and final appeals can be filed with the Appellate Division of the Supreme Court.
The time limit for filing appeals is 30 days, extendable by 30 days with court permission.

Execution of Decrees

A decree is a court order that conclusively determines the rights of parties in a dispute.
The CPC outlines the process of executing decrees, including enforcing court judgments.
Section 36 of the CPC allows a decree to be executed by the court that passed it or by the court to which it was sent for execution.
Execution modes include delivering possession, attaching property, and arresting and detaining judgment debtors.

Summons

A summons is a legal document issued by a court to summon a defendant to appear.
Section 27 of the CPC governs the issuance of summons in civil suits.
A summons must be served on the defendant according to CPC rules.
Consequences of non-appearance include the court's power to proceed ex parte and pass a decree.

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Description

This quiz covers the jurisdiction of civil courts in Bangladesh as outlined in the Code of Civil Procedure, 1908. It includes the rules for determining which court to file a suit in, based on the value of the subject matter.