High Court halts to shift civil suits to district courts within 3 months
30 May 2015, Nirapad News: The High Court has stalled a government order to shift civil suits to district courts within three months in line with the amended Civil Courts Act.
The instructions for the Supreme Court’s registrar general and High Court’s registrar came on Monday after the initial hearing of a petition.
The court also issued a rule asking why Section 4 (3) of the amended Act will not be declared beyond legal jurisdiction.
The secretary to the law ministry, Supreme Court’s registrar general and High Court’s registrar have been told to explain within four weeks.
The government 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 be now able handle civil cases involving assets worth Tk 1.5 million up from Tk 200,000, for senior assistant judges the sum is now Tk 2.5 million instead of Tk 400,000, and for district judges it is Tk 50 million, up from the previous Tk 500,000.
Suits involving disputes over matters exceeding Tk 500,000 used to be dealt with in the High Court.
Section 4 (3) of the amended Act says all matters pending with the High Court—concerning sums between Tk 500,000 and Tk 50 million—will have to be shifted to district court within 90 days of the gazette notification.
A petition challenging the legality of the section was filed in the High Court on Sunday and was heard on Monday.
It said that the section was not in tune with the Constitution’s Articles 31, 109, 101 and 149.