Difference Between High Court and Supreme Court in Bangladesh | Explained

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Exploring the Fascinating Differences Between High Court and Supreme Court in Bangladesh

As a law enthusiast, one of the most intriguing topics to delve into is the comparison between the High Court and Supreme Court in the legal system of Bangladesh. The intricacies and nuances of these two important judicial institutions provide a wealth of insight into the country`s legal framework.

Understanding the High Court

The High Court of Bangladesh holds significant position judicial hierarchy. Operates division The Supreme Court of Bangladesh primarily matters relating constitutional issues, writs, legal disputes. High Court Original and appellate jurisdiction, allowing hear cases first instance well review decisions made lower courts.

Key Functions High Court

Function Description
Hearing Writ Petitions The High Court has the authority to hear petitions related to the enforcement of fundamental rights and constitutional matters.
Appellate Jurisdiction It serves as a court of appeal for cases originating from lower courts, ensuring proper application of law.
Supervisory Role The High Court supervises the function of lower courts and tribunals to maintain judicial discipline and integrity.

Exploring the Supreme Court

The Supreme Court of Bangladesh represents highest judicial authority country. Divided into two divisions – Appellate Division and High Court Division. The Appellate Division mainly deals with appeals from the High Court, while the High Court Division handles original jurisdiction cases and writ petitions.

Key Functions Supreme Court

Function Description
Constitutional Interpretation The Supreme Court interprets and upholds the provisions of the Constitution, ensuring its supremacy.
Appellate Authority It serves as the final court of appeal, providing a platform for hearing appeals from lower courts and the High Court.
Judicial Review The Supreme Court possesses the power of judicial review, enabling it to examine the actions of government bodies and ensure their legality.

Comparing Two Courts

While both the High Court and Supreme Court play crucial roles in upholding the rule of law in Bangladesh, there are distinct differences in their functions and jurisdictions. The following table highlights some key variations between the two courts:

Aspect High Court Supreme Court
Division High Court Division Appellate Division and High Court Division
Jurisdiction Original and appellate jurisdiction Appellate jurisdiction and original jurisdiction in certain cases
Functions Hears writ petitions, supervises lower courts, and exercises appellate authority Interprets the Constitution, serves as the final court of appeal, and conducts judicial review

High Court The Supreme Court of Bangladesh represent pillars country`s legal system, ensuring justice upholding rule law. Their distinct functions and jurisdictional differences contribute to the robustness of the judicial framework, providing avenues for legal redress and constitutional protection.

As legal enthusiasts, the comparison between these two courts offers an enriching exploration into the complexities of the Bangladeshi legal system, showcasing the intricacies that underpin the functioning of justice in the country.

With their vital roles in safeguarding rights and dispensing justice, the High Court and Supreme Court stand as beacons of legal excellence, preserving the fundamental tenets of law in Bangladesh.

 

Contract: Difference between High Court and Supreme Court in Bangladesh

This contract outlines differences between High Court The Supreme Court of Bangladesh legal implications each.

Party 1 The High Court of Bangladesh
Party 2 The Supreme Court of Bangladesh
Date DD/MM/YYYY

Agreement

Whereas Party 1 Party 2 seek formalize distinctions between High Court The Supreme Court of Bangladesh, they agree follows:

1. Definition Functions

The High Court of Bangladesh highest court country`s judicial system Original and appellate jurisdiction. Deals writ petitions, civil, criminal cases. On other hand, The Supreme Court of Bangladesh apex court power judicial review. It hears appeals from the High Court and other subordinate courts and also provides interpretations of laws and the constitution.

2. Composition

High Court consists Chief Justice judges, whereas Supreme Court comprises Appellate Division and High Court Division. Appellate Division deals appeals High Court Division power review decisions, while High Court Division has Original and appellate jurisdiction.

3. Jurisdiction

The High Court has jurisdiction over civil and criminal matters, constitutional issues, and writ petitions. The Supreme Court has the exclusive authority to interpret the constitution, and its decisions are binding on all other courts in Bangladesh.

4. Precedence Review

Decisions of the Supreme Court carry a higher precedent value and can only be reviewed by a larger bench of the same court or be overturned by constitutional amendment. The High Court`s decisions can be appealed to the Appellate Division of the Supreme Court, and its rulings are binding on all subordinate courts.

5. Conclusion

Both Party 1 Party 2 acknowledge importance understanding differences between High Court The Supreme Court of Bangladesh. This contract serves as a reference for legal practitioners, academics, and the general public in interpreting and applying the laws and legal practices pertaining to the judiciary in Bangladesh.

 

Understanding the Difference between High Court and Supreme Court in Bangladesh

Legal Question Answer
1. What jurisdiction The High Court of Bangladesh? The High Court of Bangladesh Original and appellate jurisdiction. It deals with writs, admiralty, company, insolvency, family matters and cases relating to violation of fundamental rights.
2. What types cases The Supreme Court of Bangladesh handle? The Supreme Court of Bangladesh primarily deals cases relating constitutional matters, civil criminal appeals, reference cases.
3. What composition The High Court of Bangladesh? High Court composed Chief Justice judges appointed President.
4. How The Supreme Court of Bangladesh structured? Supreme Court divided two divisions – Appellate Division and High Court Division. The Appellate Division hears appeals from the High Court Division and the High Court Division deals with original cases.
5. Can decisions High Court appealed The Supreme Court of Bangladesh? Yes, decisions of the High Court can be appealed to the Appellate Division of the Supreme Court.
6. What qualifications judges High Court The Supreme Court of Bangladesh? Judges of both the High Court and Supreme Court must have legal qualifications and experience as prescribed by law.
7. What is the tenure of judges in the High Court and Supreme Court? Judges in the High Court have a retirement age of 65, while judges in the Supreme Court retire at the age of 67.
8. Can the decisions of the Supreme Court be challenged? No, decisions Appellate Division Supreme Court final challenged.
9. What powers The High Court of Bangladesh? The High Court has the power to issue directions, orders and writs as necessary for the enforcement of fundamental rights and other matters within its jurisdiction.
10. How do the High Court and Supreme Court contribute to the legal system in Bangladesh? The High Court and Supreme Court play crucial roles in upholding the rule of law, protecting fundamental rights, and ensuring proper administration of justice in Bangladesh.