Background and activities of village courts
Village Court
A village court was formed in 1976 to establish the justice of the people, deprived of the rights of the rural people. Village court is the closest legal remedy to the people of the village. In less time, the village court has decided to prosecute minor crimes at village level. According to the Village Court Ordinance 1976, all activities of the village court are run.
Formation of village courts
According to the Village Court Ordinance, 1976, a village court is constituted with a total of 5 members, namely the chairman of the Union Parishad and the two plaintiffs and the defendants on either side. One of the two judges of both the parties to be a member of the Union Parishad. The Chairman of the Union Parishad is the chairman of the village court. If the Chairman of the Union Parishad is unable to fulfill the responsibilities of Chairman of the Village Court for any reason or the question of his neutrality, the Thana Executive Officer nominates the chairman of the village court (who has not nominated any party) to any other member of the Union Parishad. If a party can not nominate a member of the Union Parishad due to bias, then another person can be made a member of the village court with the permission of the chairman.
The jurisdiction of the village court
According to the Village Court Ordinance 1976, two types of cases can be tried in the Union Parishad Village court, in Fauzidari and Diwani.
Criminal matters
Membership of non-lawmakers or riot victims (must be 10 or less) (General Section of Section 143 and 147), general injury, criminal intrusion, harmful work, damages amount to a maximum of 5,000 taka ( Article 312, 427 and 447B.) Mischief, illegal confinement, illegal force enforcement, illegal intimidation, drug addiction, molestation of women through indications etc. (Article 16, 334, 341, 342, 358, 04 (1st part), 508, 509 and 510 South bih);
§ All types of theft (if the amount of stolen amount is 5,000 rupees or less (Section 479, 385 and 381 B);
§ Disaster, disloyalty, fraud and destruction of movable assets (Article 403, 406, 417 and 420 d).
Civil matters
§ The recovery of money collection case
§ Recovery of movable property or reimbursement of its value
§ A case of possession of immovable property in one year of loss of possession
§ Disposal of compensation items for discharging temporary goods
The lawsuit filed for illegal entry of cattle animals
In cases where the village court can not execute justice, for example -
- If the accused person is earlier convicted by a higher court
- If the property of an underage elderly is involved
- If any arbitrator is arranged for the existing dispute
- If the government or local authority or party is in favor of a government employee.
Many people put together the village court and the arbitral system. Village courts and arbitral arrangements are two different things. There are two kinds of civil and criminal justice in village courts. But in the arbitral system, only family problems (eg - repayment, debt, polygamy etc.) are resolved. The arbitral arrangement can be done by any person or any organization.
: - Click to know about the arbitration system: -:
Court fee:
According to the Village Court Ordinance, the chairman of the Union Parishad will have to file an application for the case. If there is a criminal case, two Taka and a civil suit will cost four taka. The application fee fee will be submitted with the application.
Select the place of village court
The village court was formed in the union in which the area crime was committed. An offense occurred in a union area, but if the defendant is in another union, then a member can be nominated from the respective union.
The power of the village court
The village court can file a maximum compensation of 5,000 Taka compensation. Village courts can fine in two cases
Firstly, a maximum penalty of 500 taka for contempt of the village court.
Secondly, if the state does not refuse to submit a non-confidential document or refuses to give summons, it can pay a maximum of Tk 250.
Procedure of Village Court
The judge can apply to the chairman of the union council by paying a fine of Tk 4 in case of a civil court case and Tk 2 for the criminal case. The application should include the following details:
§Union Council name
§ The name and address of the applicant
§ The name and address of the defendant
§ The name of the European Council, where crime was committed
§ Summary of the summary.
Judiciary of village court:
If the receipt of the application is to be recorded in the number 1. If the charge is unacceptable, the chairman can refuse the application. If unjustified orders are made, the aggrieved person can apply for reconsideration within 30 days to the Assistant Judge / Magistrate.
If the application is received, the Chairman will summon both the plaintiffs and the defendants to appear in the due date and time. Summon must be issued personally, on the opposite page, the receiver's signature index signature has to be taken. If the defendant is not found, a width of the summons should be dragged to the public place and the summon will be deemed to have been issued.
Within a week of the issue, the chairman of the Union Parishad will ask the plaintiff and the defendant to nominate their members and the court will be formed with the nominated member. Ask the opponent to submit written objection within 3 days of the formation of the court. If you do not write it, you have to speak or write it verbally. On the day of the trial, the court will sit on trial. The hearing can not be postponed for more than 7 days.
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Planning and Implementation: Cabinet Division, A2I, BCC, DoICT and BASIS