Establishment of Civil Courts under special law:
Unlike the civil courts in rest of the country, the civil courts in CHT area have not been established under the Civil Courts Act, 1887 (Act No. XII of 1887). Rather, they have been established under the amended provision of the said Regulation. Therefore, they are the special types of civil courts established under the said special law. ...Civil Miscellaneous No. 11 of 2022 (Reference), (Civil), 17 SCOB [2023] HCD 8 ....View Full Judgment

Chittagong Hill-Tracts Regulation (Amendment) Act, 2003, Section 6 and 8:
Therefore, if we read this added sub-section (5) of Section 8 along with the said special provision under Section 6 of the amending Act, we have no option but to hold that it is the Legislature, which does not want those pending civil appeals and proceedings of civil nature to be transferred to the District Judge of the respective districts and, because of that, the Legislature remained silent in respect of the said pending civil appeals and proceedings. ...Civil Miscellaneous No. 11 of 2022 (Reference), (Civil), 17 SCOB [2023] HCD 8 ....View Full Judgment

The District Judges of the respective districts shall only have jurisdiction to entertain appeals from the orders, judgments and decrees of the respective Joint District Judges of the said districts:
Although three separate civil jurisdictions have been created and Joint District Judges of the said districts have been given the jurisdiction to try civil cases, such civil cases shall have to be tried or disposed of in accordance with the existing laws, customs and usages of the district concerned and not in accordance with the Code of Civil Procedure. On the other hand, the said Joint District Judges, exercising original jurisdiction, shall not have jurisdiction in trying or disposing of cases arising out of family laws or other customary laws of the tribes of the district concerned and such matters shall be triable by the respective Mouza Headmen and Circle Chiefs. Finally, the District Judges have been given appellate jurisdiction only against the orders, judgments and decrees of the Joint District Judges of the respective districts and not against any order of the Deputy Commissioner of the district concerned or any other officer. It has long been settled by long line of decisions of this Court that the jurisdiction as well as the appellate jurisdiction of a Court is the creature of Legislation and such jurisdiction can be exercised by such appellate forum only to the extent of such power given by the Legislature by the said legislation conferring such jurisdictions. This being so, in the instant matter, it appears that the District Judges of the respective districts shall only have jurisdiction to entertain appeals from the orders, judgments and decrees of the respective Joint District Judges of the said districts. ...Civil Miscellaneous No. 11 of 2022 (Reference), (Civil), 17 SCOB [2023] HCD 8 ....View Full Judgment

Applicability of the customary law of the land in Chittagong Hill Tracts:
Historically Chittagong Hill Tracts area was governed by distinctive law and administrative procedure. Particularly, in matters of civil disputes, the customary law of the land in Chittagong Hill Tracts area has always been made applicable. Such historic recognition of customary law and non-application of Code of Civil Procedure has again been recognized by the Legislature by inserting sub-section (4) in Section 8 of the said Regulation providing, thereby, that the Joint District Judge, as Court of original jurisdiction, shall try all civil cases in accordance with the existing laws, customs and usages of the district concerned. Not only that, the Legislature, by this amending Act, has also kept the cases arising out of family laws and other customary laws of the tribes out of the jurisdiction of the Joint District Judges and, in respect of those matters, the jurisdiction of the Mouza Headmen and Chief Circles concerned of the triable people have been recognized. ...Civil Miscellaneous No. 11 of 2022 (Reference), (Civil), 17 SCOB [2023] HCD 8 ....View Full Judgment

It is now established that all civil suits will be triable from 1st July, 2008 by the Joint District Judge of the respective 3(three) Hill-Tract Districts and the parties aggrieved thereto may prefer an appeal before the learned District Judge of the respective Hill-Tract Districts and as such, any person aggrieved by the judgment and decree passed by the learned District Judge may prefer civil revisional application before the High Court Division under section 115 of the Code of Civil Procedure 1908. ...Noor Mohammad Khan Vs. Bangladesh, (Civil), 1 SCOB [2015] HCD 122 ....View Full Judgment

Cittagong Hill Tracts Regulation 1900
Article 152 of the Constitution of Bangladesh
Temporary injunction, Mutation Case, Special statutory rules and regulations, Cittagong Hill Tracts Refgulation 1900, Customary laws of the Chittagong Hill Tracts, Article 152 of the Constitution of Bangladesh, Existing laws; Private parties regarding declaration of a deed, Registration of the deed, Competence any of party;
Mandatory issuance of notice upon the statutory authorities before filing of any suit in accordance with the relevant laws and also taking into consideration the existing customary laws of the Chittagong Hill Tracts which contemplate mandatory service of notice to the concerned authorities prior to filing any suit. ...Pruesiau Aug Marma & anr. Vs. Aungmra Shang Marma & anr., (Civil), 14 SCOB [2020] HCD 133
Customary laws and usages of the Chittagong Hill Tracts are all within the ambits of law and as such they can not be violated. ...Pruesiau Aug Marma & anr. Vs. Aungmra Shang Marma & anr., (Civil), 14 SCOB [2020] HCD 133 ....View Full Judgment