HC stays govt move on civil suit transfers

The High Court (HC) yesterday stayed a government decision to shift civil suits to district courts within three months as per Section 4(3) of the amended Civil Courts (Amendment) Act-2016. A bench of Justice Moyeenul Islam Chowdhury and Justice Md Iqbal Kabir also asked the Supreme Court’s (SC's) registrar general and the HC’s registrar not to take any steps for transferring pending civil cases from the higher court to the lower courts for the next three months.
It also issued a rule asking the government to explain why Section 4(3) of the Civil Courts (Amendment) Act-2016, which permits the authorities to transfer civil cases to lower courts from the higher court, should not be declared illegal.
Law secretary, the SC’s registrar general and the HC’s registrar were made respondents to the rule, and told to reply within four weeks. The order and rule by the HC bench came in response to a writ petition challenging the legality of Section 4 (3) of the amended Act. The petition was filed by Saidul Alam Khan, Abdullah Al Sayeed and Shubhra Deb Ratul. The petitioners contended that the section was against the spirit of Articles 31, 109, 101 and 149 of the Constitution. They also claimed that litigants would suffer as they would have to further move the cases at lower courts and it would also create a backlog of cases. The government had amended the 1887 Civil Courts Act, raising the fiduciary jurisdiction of lower courts to dispose of civil suits. It was gazetted on May 12.
According to the amendment, an assistant judge will now be able to handle civil cases involving assets worth Tk. 15 lakh up from the earlier limit of Tk. 2 lakh. For senior assistant judges, the sum is now Tk. 25 lakh instead of Tk .4 lakh, and it is Tk. 5 crore up from Tk. 5 lakh for district judges. According to Section 4 (3) of the amended Act, all matters pending with the HC—concerning sums between Tk. 5 lakh and Tk. 5 crore—will have to be shifted to district courts within 90 days of the gazette notification.

HC stays govt move on civil suit transfers

The High Court (HC) yesterday stayed a government decision to shift civil suits to district courts within three months as per Section 4(3) of the amended Civil Courts (Amendment) Act-2016. A bench of Justice Moyeenul Islam Chowdhury and Justice Md Iqbal Kabir also asked the Supreme Courts (SCs) registrar general and the HCs registrar not to take any steps for transferring pending civil cases from the higher court to the lower courts for the next three months. It also issued a rule asking the government to explain why Section 4(3) of the Civil Courts (Amendment) Act-2016, which permits the authorities to transfer civil cases to lower courts from the higher court, should not be declared illegal. Law secretary, the SCs registrar general and the HCs registrar were made respondents to the rule, and told to reply within four weeks. The order and rule by the HC bench came in response to a writ petition challenging the legality of Section 4 (3) of the amended Act. The petition was filed by Saidul Alam Khan, Abdullah Al Sayeed and Shubhra Deb Ratul. The petitioners contended that the section was against the spirit of Articles 31, 109, 101 and 149 of the Constitution. They also claimed that litigants would suffer as they would have to further move the cases at lower courts and it would also create a backlog of cases. The government had amended the 1887 Civil Courts Act, raising the fiduciary jurisdiction of lower courts to dispose of civil suits. It was gazetted on May 12. According to the amendment, an assistant judge will now be able to handle civil cases involving assets worth Tk. 15 lakh up from the earlier limit of Tk. 2 lakh. For senior assistant judges, the sum is now Tk. 25 lakh instead of Tk .4 lakh, and it is Tk. 5 crore up from Tk. 5 lakh for district judges. According to Section 4 (3) of the amended Act, all matters pending with the HCconcerning sums between Tk. 5 lakh and Tk. 5 crorewill have to be shifted to district courts within 90 days of the gazette notification.