First Class Magistrate

 

A Magistrate of the First Class can pass such sentences as are authorised by criminal law. The maximum sentence which he can pass is imprisonment not exceeding a term of three years and that he can also impose fine not exceeding taka five thousand. However, a new statute21 makes certain cases carrying sentences exceeding three years triable by the Magistrate of the First Class. In some cases, an appeal lies to the Court of Sessions against an order of conviction and sentence passed by him. Magistrates of this category are also empowered to make orders to provide maintenance for a wife, and child, whether legitimate or not, upto taka four hundred per month as a whole and to issue warrant to distrain upon the property of a person in arrears as though the amount unpaid were a fine.

 

Second Class and Third Class Magistrates

 

A Magistrate of the Second Class can pass sentence of imprisonment for a teem not exceeding two years. He can also past a sentence of fine not exceeding two thousand taka. A Magistrate of the Third Class has the power to pass a sentence of imprisonment for a term not exceeding one year. A Magis. Irate of this category can also award fine to the maximum of taka one thousand. Any person convicted on a trial held by any Magistrate of the Second Class and Third Class, may appeal to the District Mall7ttea , revtsante By the Sessions Judge.

 

COURTS AND TRIBUNALS OF

SPECIAL JURISDICTION

 

In addition to the courts which exercise ordinary civil and criminal jurisdiction, there are a number of anoints in Bangladesh which perform special functions of various kinds. Some of them, for instance, are Labor Courts, Labor Appellate Tribunal, Special 'Tribunals, Appellate Tribunal Special Judge's Court, Village Courts and Juvenile Court. A few of them are old courts, but the greater number of them are comparatively new creations set up by the statutes to deal with the many problems arising from the States regulation of the day-to-day affairs of the citizens.

 

Labor Court

 

Labor Courts in Bangladesh, are special courts created under labor laws.21 Each Labor Court consists of a Chairman and two Members to advise the Chairman. The Chairman is either a Judge or an Additional Judge of the High Court Division, or a District Judge or an Additional District Judge, Of the two Members, one represents the employers and the other, the workmen. They are appointed by the Government in consultation with the employers and workmen. The Government fixes the local limit of each Labor Court, A Labor Court acts both as civil and criminal court. For the purpose of adjudicating industrial disputes, it is deemed to be a civil court. In such case, civil procedural law is followed by it. For trial of offences under the labor statutes, the Labor Court enjoys the status of First-Class Magistrate and follows the summary procedure of criminal trial.

The Labor Court adjudicates different kinds of dispute, not technically industrial disputes. It adjudicates disputes that are referred to it by the Government. Besides, it determines industrial dispute relating to matters in respect of which applications are filed before it, It also decides large number of cases arising out of employment of labor, tt can perform certain other functions assigned to it under the Industrial Relations Ordinance, 1969.

 

The decision of a Labor Court may be either an award or an order. Award is given in industrial dispute between employer and workers collectively. An appeal may be taken to the labor Appellate Tribunal against an award given by a Labor Court. But there is no provision for appeal against a decision or order, which is not an award.

 

Labor Appellate Tribunal

 

The constitution, status, functions and procedure of the Labor Appellate Tribunal are regulated under the Industrial Relations Ordinance, 1969, and the Industrial Relations Rules, 1977. The Labor Appellate Tribunal is presided over by one Member. The Government appoints him. As a rule, a Judge of the High Court Division is appointed to act as the Member of the Tribunal As its name indicates, the Tribunal exercises appellate power only.

 

The Tribunal decides appeals against the decision of award given by the Labor Courts. It can confirm, modify, vary or set aside the awards. In hearing an appeal against an award, the Labor Appellate Tribunal follows the same procedure as is followed by an Appellate Court in bearing appeals as under the Code of Civil Procedure, 1908. Under certain circumstances, it can prohibit continuance of any strike or lockout. The Tribunal enjoys the status of  the High Court Division in the matter of contempt of its authority. An appeal lies to the High Court Division from an order of conviction and sentence passed by the Tribunal for contempt of its authority or that of any Labor Court.

 

Special Tribunal

 

Special Tribunals are set up under a special statute called the Special Powers Act enacted in 197423 after liberation of the country. These are independent tribunals and exist outside the ambit of the ordinary supervisory jurisdiction of the High Court Division though amenable under its writ jurisdiction. Besides, The High Court Division can exercise its limited jurisdiction in proceedings before Special Tribunals.

 

Special Tribunals try offences relating to sabotage, hoarding, black-marketing, smuggling; offences punishable under the Arms Act, She Explosive Substances Act, for illegal use of fire-arms, explosives etc. Such tribunals also try some other serious offences. Every Sessions Judge, Additional Sessions Judge and Assistant Sessions Judge, for the areas within their sessions-division, acts as Special Tribunal. The Government determines the time and place of sitting of these tribunals. It follows the summary procedure of criminal trial. From its decision, order or sentence, an appeal lies to the Appellate Tribunal.

 

Appellate Tribunal

 

There is a one-man Appellate Tribunal in Bangladesh constituted under the Special Powers Act, 1974. It enjoys the power and status equal to that of the High Court Division for the purpose of the Act. The Tribunal is presided over by only one Member who enjoys the rank of a judge of the High Court Division.

 

The functions of the Appellate Tribunal are to dispose of all cases from different special tribunals in the country. The cases that are presented before it are either appeals from orders, judgments or sentences passed by special tribunals or matters relating to the confirmation of death sentences