If the applicant fails to appear on the scheduled date, the Chairman may reject the application if he feels that the applicant is negligent. Reinstate within 10 days of rejection and fix the date of the case Similarly, if the defendant is negligently absent, the chairman will dispose of the hearing of the case In this case, if the defendant applies within 10 days, the case will be reinstated and a date will be fixed for hearing
All types of theft (if the value stolen is Rs. 5,000 or less (Sections 479, 385 and 381 B); Embezzlement of immovable property, breach of trust, fraud, destruction of documents (sections 403, 406, 417 and 420 d).
Village court was formed in 1976 to establish justice for the disenfranchised people of Palligram. Village Courts are the closest legal recourse for the people of the village Village Courts are for the disposal of minor crimes at the village level at low cost and in a short time All activities of Gram Adalat are conducted as per Gram Adalat Ordinance 1976 Formation of village court
According to the Gram Court Ordinance, 1976, the Gram Adalat is formed with a chairman in the Union Parishad and two representatives each for both the plaintiff and the defendant, i.e. a total of 5 members. One of the two judges nominated by both the parties shall be a member of the Union Parishad The Chairman of the Union Parishad performs the duties of the Chairman of the Village Court If for some reason the Chairman of the Union Parishad
If the Chairman of the Village Court is unable to perform his duties or his impartiality is questioned, the Thana Executive Officer nominates another member of the Union Parishad (who has not been nominated by any party) as the Chairman of the Village Court. If a party cannot nominate a member of the Union Parishad due to partisanship, another person may be nominated as a member of the Gram Adalat with the permission of the Chairman.
Jurisdiction of village court According to Gram Court Ordinance 1976, two types of criminal and civil cases can be tried in Union Parishad Gram Court. Criminal matters
Being a member of an unlawful or riotous (unlawful) mob must have 10 or less members (Section 143 and 147 of the Act), simple injury, criminal trespass, harmful act, loss up to Rs 5,000 (Section 312, 427 and 447 (b) Assault, illegal siege, illegal use of force, illegal intimidation, drug addiction, molestation of women by innuendo etc. 509 and 510 D. B.);
Civil matters The case of recovery of stolen money Suits for recovery of immovable property or recovery thereof Suit for recovery of possession of immovable property within one year of loss of possession Cases relating to recovery of damages for destroyed temporary articles Case for loss of cattle rights
In some cases the village court cannot administer justice, viz.- - If the accused person has been previously convicted by a superior court - If property of minor is involved - If any arbitration is arranged in respect of an existing dispute - In case of Government or local authority or any Government servant in office
Many people confuse village court and arbitration system Village court and arbitration are two different things Village Courts have the power to try both civil and criminal trials But arbitration only deals with family issues (eg maintenance, dowry, polygamy etc.). Arbitration may be done by any person or entity
-:CLICK TO KNOW ABOUT ARBITRATION PROCEDURE:-: Court Fee: According to the village court ordinance, the case application form should be filed with the chairman of the union council A fee of two taka in case of criminal case and four taka in case of civil case Fee receipt should be submitted along with the application Selection of village court site
The village court is constituted in the union in which the crime of the area is committed If the offense has been committed in one union area but the accused belongs to another union, he can nominate a member from his own union Powers of Village Courts The village court can file a case for recovery of maximum compensation of Rs.5,000/- Village Court can impose fine in two cases First: The maximum fine of 500 rupees for contempt of the village court
Secondly, refusing to file a document which is not a state secret or refusing to serve a summons can attract a maximum fine of 250 rupees. Procedure of village court A judicial candidate can apply to the Chairman of the Union Parishad by paying a fee of 4 taka in case of civil cases triable by the village court and 2 taka in case of criminal cases. The application form should contain the following details: Name of Union Council Applicant's name and address Name and address of the defendant
Name of the Union Parishad, where the offense has been committed Summary of Arbitration Procedure of village court: If the application is received, it should be recorded in Form No. 1 If the complaint is found to be unsubstantiated, the chairman may reject the application The aggrieved person may apply for reconsideration before the Assistant Judge/Magistrate within 30 days if the order of refusal is wrongfully made.
If the application is accepted, the chairman will summon both the plaintiff and the defendant to appear at the specified date and time Summons must be issued in person, signature of the addressee indicating receipt on the opposite page of the summons If the defendant is not found, a copy of the summons shall be posted in a public place of his house and the summons shall be deemed to have been issued.
Within one week of the issue of summons, the Union Parishad Chairman shall ask both the plaintiffs and the defendants to nominate their members and the court shall be constituted with the nominated members. The court shall ask the opposite party to file written objections within 3 days of its formation If not given in writing, it should be said orally or written down The court will sit for trial on the specified day The hearing cannot be adjourned for more than 7 days
Decision of village court
The judgment of the village court should be announced publicly Decisions taken unanimously or by a four-fifths vote shall not be subject to appeal If the decision is by two-thirds vote, it can be appealed Within 30 days of the announcement of the decision, any party may appeal to the Court of Police Magistrate in criminal cases and Assistant Judge (Munsef) in civil cases.
Collection of fines In case of fine for contempt of court and willful disobedience of summons or refusal to pay the fine, if the information is sent to the Police Magistrate after the lapse of specified time, he shall consider the judgment of his own court and enforce the same and default may result in imprisonment/fine. The compensation amount will be recovered as arrears after the lapse of specified time
Planning and Implementation: Cabinet Division, A2I, BCC, DoICT and BASIS