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Chapter-3 Jurisdiction of Courts

Chapter-3 Jurisdiction of Courts
7. Jurisdiction of the District Court:

(1) Except as otherwise provided in the prevailing law, the District Court shall have powers to try and settle, in
original jurisdiction, all the cases within the jurisdiction of its own district and in the cases as ordered by the High Court for trial pursuant to Sub-Article (2) of Article 145 of the Constitution.
(2) The District Court shall have powers to issue order of habeas corpus, for the enforcement of legal rights of anyone under its territorial jurisdiction of the District, if anyone keeps any person under unlawful detention.
(3) The District Court shall have powers to issue orders of injunction for the enforcement of legal rights of any person infringed or there is reasonable doubt of infringing by anybody or authority under the territorial jurisdiction of the district.
(4) Except as otherwise provided in the prevailing law, the District Court shall have powers to hear appeals against decision or final order made by the quasi- judicial body or authority under the territorial jurisdiction of the District in accordance with federal law and against the decision or final order made by judicial body of local level constituted in accordance with the provincial law.

8. Jurisdiction of the High Court:

(1) The High Court shall have the power to issue necessary and appropriate order by hearing over the application filed in accordance with Sub-Article (1) of Article 144 of the Constitution.
(2) The High Court shall have the power to try, under its original jurisdiction, and settle the following cases:
(a) The cases which the High Court is empowered by federal law to try and settle under its original jurisdiction,
(b) The cases taken from the sub-ordinate court in accordance with Sub- Article (1) of Article 145 of the Constitution.
(3) The High Court shall have power to make decision by hearing appeal in following cases;
(a) Cases tried and settled by District Court under its original jurisdiction pursuant to Sub-Section (1) of Section 7.
(b) Cases in which full or partial reversal of decisions made by judicial, quasi-judicial body or authority has been made by the District Court made on appeal against such decisions.
(c) Cases, in which decision has been made by the District Court over the appeal against the decisions, involving the dispute relating to public property, cases in which punishment of imprisonment or the fine of
the sum of more than one hundred thousand has been imposed or having the claimed amount of the sum more than five hundred thousand.
(d) Except as otherwise provided in the federal law, cases tried and settled under original jurisdiction by any judicial body under its territorial jurisdiction.
(4) The High Court shall have the power to review over the reference judgments (Sadhak) according to the federal law.
9. Power of the Supreme Court to hear Appeal:

(1) The Supreme Court shall have the power to hear appeal in following cases;
(a) Cases tried and settled by High Court under its original jurisdiction pursuant to Sub-Section (2) of Section 8,
(b) Cases in which punishment of imprisonment for Ten years or more has been imposed;
(c) Cases, in which full or partial reversal in the decisions made by trial court, body or authority has been made by the High Court in which punishment of imprisonment of more than three years or the fine of
the sum of more than five hundred thousand has been imposed or having the claimed amount of the sum of more than two million five hundred thousand, and
(d) Other cases, in which appeal to be filed before the Supreme Court in accordance with the federal law.
(2) The Supreme Court shall have the power to hear an appeal on reference cases submitted before the Supreme Court.

10. Provision on Reference of the Cases:

(1) In case where reference of the case is required under the prevailing federal law, reference has to be made to the
court hearing appeal.
(2) Notwithstanding anything contains in Sub-Section (1), such reference to the Supreme Court shall be made only if the High Court has imposed the punishment of life imprisonment.
(3) In cases where an appeal is filed in the case of which reference has been made pursuant to Sub-section (1) or (2), such a case shall be adjudicated by way of appeal, and where in the same case some make appeal and some don’t
make, then the case shall be adjudicated and decided upon, in respect of the  non-appellant also, by way of the process of reference.
(4)If non-appealing party or any other concerned person makes a petition with pleas similar to an appeal in the case to be heard by way of reference process, the court hearing the appeal shall have to settle the case, taking also into
account of such petition.

11. Provision on Review:

(1) The decision or final order made by any Court shall not be reviewed by the same Court.
(2) Notwithstanding anything contains in Sub-Section (1) the Supreme Court may review its judgment or final order in the following circumstance:
(a) If it appears that the concerned party has come to know any fact likely to materially affect the justice done in the case only after the settlement of the case, or
(b) If it appears that the decision is contrary to the precedent or legal principle enunciated by the Supreme Court.
(3) The Supreme Court shall not review its judgment or final order in the following circumstance:
(a) If the judgment or final order has already been reviewed earlier, (b) If the Judgment or final order has been made by Larger Full Bench, (c) If the decision has been made by Constitutional Bench,
(d) If the case has already been settled by way of revision pursuant to the prevailing law prior to the commencement of this Act, or
(e) If the judgment of the High Court has been confirmed or the approval has not been granted for revision in the case reviewed pursuant to Section 12.
(4) A petition for review shall be made within Sixty days of the date of certification by affixing signature in the judgment or final order by the Justice of the Supreme Court.
(5) Order shall be made by the Justices other than the Justices made the earlier judgment over the application filed pursuant to Sub-Section (4) in the issues that whether to grant approval for review or not.
(6) If the approval to review the case has been granted pursuant to Sub- Section (5), hearing over the application shall be made by the bench of the Justices other than the Justices, who have made the earlier judgment and the
Justices, who have given approval to review the case.

12. Provision on Revision of the Case: (1) The Supreme Court may, in the following circumstances, revise the judgment or final order made by the High Court in the cases which are not appealable to the Supreme Court pursuant to this Act or the prevailing laws:
(a) If there is serious Constitutional or legal error in the judgment or final order made by the High Court,
(b) If the principle or precedent established by the Supreme Court has not been followed or has been applied with false interpretation,

(c) If any public property has been misappropriated or loss caused in such property due to lack of proper evaluation of the evidence contained in the case file in a case involving dispute vis-à-vis
government or public property; or
(d) If the justice is substantially affected due to lack of proper
representation of a child, woman, disabled or mentally retarded
person or the person crossed the age of seventy five years.
(2) Notwithstanding anything contains in Sub-Section (1), revision shall not
be made in following cases:-
(a) A case once heard and adjudicated by the Supreme Court,
(b) A case adjudicated by the High Court by hearing appeal in
accordance with Part (B) of Sub-Section (3) of Section 8.
(3) A petition for revision may be filled within Forty Five days from the date
of decision by the High Court through the High Court having made such
decision or in the Supreme Court.
(4) The details and documents as prescribed shall be enclosed with the
petition to be filed in accordance with Sub-Section (3).
(5) The decision, whether to grant revision or not, shall be made by the
Division Bench by hearing over the petition filed in accordance with Sub-
Section (3) that whether the situation of Sub-Section (1) is being existed or
not.
(6) If the approval has been is granted pursuant to Sub-Section (5), hearing
over the application shall be made by the bench of the Justices other than the
Justices, who have given approval for revision and the Justices, who have
made the earlier judgment.
13. Compromise can be Made: Compromise can be made on a petition filed and
action initiated in the petition as referred to Section 11 or 12.
14. The powers of the Court hearing Appeal and hearing Reference cases: (1)
Subject to this Act and the prevailing laws, the powers of the court hearing
appeal and the court hearing reference cases shall be as follows:
(a) To confirm or to alter, wholly or partly, the decision of any
subordinate court, body or authority,
(b) To exercise the powers of rendering judgment or final order similar
to any subordinate court, body or authority,
(c) If the subordinate court, body or authority has failed to examine any
evidence relevant to the question of adjudication in the case, to
examine such evidence by itself or to send temporarily the file of the
case back to the subordinate court, body or authority in order to
examine such evidence by maintaining the record of the case in the
Court as it is,
(d) If the subordinate court, body or authority has to give its decision on
some issues and failed to give its decision in other issues involved in
the case, to send back the case file of the case, within a period
prescribed for completion thereof, to the subordinate court, body or
authority for its decision on the remaining questions.
(2) Notwithstanding anything contains in Part (D) of Sub-Section (1), the
District Court and the High Court may give decision by entering into the
issues missed by the subordinate court, body or authority over the case filed
before the court.
15. Petition may be filed against Provisional/Interim Order: (1)
Notwithstanding anything contained in the prevailing laws, a petition may be
filed by the dissatisfied party at the court hearing appeal, of only one level
higher, against an order of a court, body or authority requiring the defendant
to make presence on the appointed dates or furnish guarantee or be kept under
detention for trial or against any provisional/interim order made in the course
of proceedings of the case.
(2) Notwithstanding anything contained in Sub-Section (1) nothing contained
in this Section shall be deemed to bar the making of a petition to the Supreme
Court on the question of legal error or procedural irregularity, against an order
requiring the defendant to make presence on the appointed dates or furnish
guarantee or be kept under detention for trial, in a case involving punishment
of imprisonment for a term of Ten years or more.
16. Exercise of Jurisdiction of the Court: (1)The jurisdiction of the District
Court shall be exercised by the Bench of the District Judge.
(2) The Bench of a single judge or a Division Bench of judges shall, in the
manner as prescribed, exercise the jurisdiction of the High Court.
(3) If consensus couldn’t be made between Judges, while making decision of
the case to be heard by Division Bench in accordance with Sub-Section (2),
the case shall be submitted before the third Judge with the opinion of both
Judges. If the majority couldn’t be made even while submitting before the
third Judge, the case file shall be sent to the Supreme Court for making
decision with the opinion of all Judges by giving date to attend the Court to
the parties of the case presented in appointed date.
(4) If any proceeding, other than the act of rendering judgment or final order,
is carried out by a single judge in any case, which is required to be heard by
two or more judges according to the law, no such proceeding shall be deemed
to be beyond jurisdiction nor shall it be void.
17. Action to be taken in Contempt of Court: (1) The Supreme Court may
initiate proceedings against the contempt of court, if anyone makes obstacle in
judicial performance or dishonor the order or judgment of its own or the High
Court or District Court.
(2) The High Court may initiate proceedings against the contempt of court, if
anyone makes obstacle in judicial performance or dishonor the order or
judgment of its own or District Court or judicial body sub-ordinate to it.
(3) The District Court may initiate proceedings against the contempt of court,
if anyone makes obstacle in judicial performance or dishonor the order or
judgment of its own or judicial body sub-ordinate to it.
(4) If the act of contempt of court is found to be proved, while proceeding
action in accordance with Sub-Section (1), (2) or (3), the concerned Court
may punish the offender with imprisonment for upto one year and a fine of up
to Ten Thousand Rupees or with both or issue appropriate order.
(5) The accused, against whom the case of contempt of court is initiated, may
apologize before the court at any situation before delivering judgment by the
Court. The Court may, if the court is satisfied with such apology, stop the
proceeding of the case.
(6) Notwithstanding anything contained in this Section elsewhere, if the
person, proved as an offender of contempt of court, apologizes to the
satisfaction of the Court, the Court may not execute the punishment, reduce or
change in punishment or issue an order with effect of non-execution of the
sentence, if the conditions are complied with by the accused.
18. Finality of decisions of the Court: (1) Except as otherwise provided in this
Act or in the prevailing laws, any decision made by a Court, body or authority
in a case shall be final and binding to all the parties to the case.
(2) Except as otherwise provided in this Act or in the prevailing laws, any
case once decided by the Court, body or authority shall not be retried by the
same Court, body or, authority, nor shall any amendment be made to such
decision or order affecting the judgment.
(3) Notwithstanding anything contained in Sub-Section (2), the minor error
made in typing or writing can be corrected by executing a separate memo
subject not to make substantial difference in the judgment.

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