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THE CODE OF CIVIL PROCEDURE

The document outlines the Code of Civil Procedure of 1908, detailing the structure and jurisdiction of civil courts, the process for instituting suits, and the execution of decrees. It includes provisions for appeals, special proceedings, and miscellaneous rules applicable to civil litigation. Additionally, it addresses the Code of Criminal Procedure, covering the constitution and powers of criminal courts, arrest procedures, and processes for compelling appearance and production of documents.

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0% found this document useful (0 votes)
6 views107 pages

THE CODE OF CIVIL PROCEDURE

The document outlines the Code of Civil Procedure of 1908, detailing the structure and jurisdiction of civil courts, the process for instituting suits, and the execution of decrees. It includes provisions for appeals, special proceedings, and miscellaneous rules applicable to civil litigation. Additionally, it addresses the Code of Criminal Procedure, covering the constitution and powers of criminal courts, arrest procedures, and processes for compelling appearance and production of documents.

Uploaded by

arthy.azmedu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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THE CODE OF CIVIL PROCEDURE-1908

1. Short title, commencement and extent.


2. Definitions
3. Subordination of Courts.
4. Savings
5. Application of the Code of Revenue Courts.
6. Pecuniary Jurisdiction.
7. Small Cause Courts.
8. [Omitted]
PART I

SUITS IN GENERAL
Jurisdiction of the Courts and Res Judicata
9. Courts to try all civil suits unless barred.
10. Stay of suit.
11. Res Judicata
12. Bar to further suit.
13. When foreign judgment not conclusive.
14. Presumption as to foreign judgments.
Place of Suing

15. Court in which suits to be instituted.


16. Suits to be instituted where subject-matter situate.
17. Suits for immovable property situate within jurisdiction of different Courts.
18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
19. Suits for compensation for wrongs to person or movables.
20. Others suits to be instituted where defendants reside or cause of action arises.
21. Objections to jurisdiction.
22. Power to transfer suits which may be instituted in more than one Court.
23. To what Court application lies.
24. General power of transfer and withdrawal.
24A. Appearance of parties on transfer of suit, etc.
25. [Omitted]

Institution of Suits

26. Institution of suits.

Summons and Discovery


27. Summons to defendants.
28. [Omitted]
29. Service of foreign summonses.
30. Power to order discovery and the like.
31. Summons to witness.
32. Penalty for default.
Judgment and Decree.
33. Judgment and decree.
Interest
34. Interest
Costs

35. Costs
35A. Compensatory costs in respect of false or vexatious claims or defences.
35B. Cost for delay in making applications, etc., in respect of interlocutory matters.

PART II

EXECUTION
General
36. Application to orders.
37. Definition of Court which passed a decree.

Courts by which decrees may be executed


38. Court by which decree may be executed.
39. Transfer of decree.
40. [Omitted]
41. Result of execution proceedings to be certified.
42. Powers of Court in executing transferred decree.
43. Execution of decrees passed by British Courts in places to which this Part does not extend or in
foreign territory.
44. [Omitted]
44A. Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory.
45. [Omitted]
46. Precepts
47. [Omitted]
Limit of Time for Execution
48. Execution barred in certain cases.
Transferees and Legal Representatives

49. Transferee
50. Legal representative
Procedure in Execution

51. Powers of Court to enforce execution.


52. Enforcement of decree against legal representative.
53. Liability of ancestral property.
54. Partition of estate or separation of share.
Arrest and Detention

55. Arrest and detention.


56. Prohibition of arrest or detention of women in execution of decree for money.
57. Subsistence allowance.
58. Detention and release.
59. Release on ground of illness.
Attachment

60. Property liable to attachment and sale in execution of decree.


61. Partial exemption of agricultural produce.
62. Seizure of property in dwelling-house.
63. Property attached in execution of decrees of several Courts.
64. Private alienation of property after attachment to be void.
Sale

65. Purchaser's title


66. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.
67. Power for Government to make rules as to sales of land in execution of decrees for payment of
money.
Delegation to Collector of Power to Execute Decrees against Immovable Property

68. Power to prescribe rules for transferring to Collector execution of certain decrees.
69. Provisions of Third Schedule to apply.
70. Rules of procedure.
Jurisdiction of Civil Courts barred.

71. Collector deemed to be acting judicially.


72. Where Court may authorise Collector to stay public sale of land.

Distribution of Assets
73. Proceeds of execution-sale to be rateably distributed among decree-holders.
Resistance to Execution
74. Resistance to execution.
PART III

INCIDENTAL PROCEEDINGS

Commissions

75. Power of Court to issue commissions.


76. [Omitted]
77. Letter of request.
78. Commissions issued by foreign Courts.
PART IV

SUITS IN PARTICULAR CASES

Suits by or against the Government or Public Officers in their official capacity

79. Suits by or against the Government.


80. Notice
81. Exemption from arrest and personal appearance.
82. Execution of decree.

Suits by Aliens and by or against foreign Rulers, Ambassadors and Envoys


83. When aliens may sue.
84. When foreign States may sue.
85. Persons specially appointed by Government to prosecute or defend for Rules of foreign States.
86. Suits against Rulers.
86A. Suits against diplomatic agents.
87. Style of Rulers as parties to suits.
[Suits Against Rulers of Acceding and Merged States
87A. [Omitted]
Interpleader
88. Where interpleader suit may be instituted.

PART V
SPECIAL PROCEEDINGS
[ALTERNATIVE DISPUTE RESOLUTION]
89. [Omitted]
89B. Arbitration
89A. Mediation
89C. Mediation in Appeal.
89D. Special provisions for mediation
89E. Application and commencement of the provisions of sections 89A and 89C
Special Case
90. Power to state case for opinion of Court.
Suits relating to Public Matters

91. Public nuisances


92. Public charities
93. Exercise of powers of Attorney General.

PART VI
SUPPLEMENTAL PROCEEDINGS
94. Supplemental proceedings
95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds.

PART VII
APPEALS
Appeals From Original Decrees
96. Appeal from original decree.
97. Appeal from final decree where no appeal from preliminary decree.
98. Decision where appeal heard by two or more Judges.
99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
Appeals from Appellate Decrees
100-103. [Omitted]
Appeals from Orders

104. Orders from which appeal lies.


105. Other orders
106. What Courts to hear appeals.
General Provisions relating to Appeals

107. Powers of Appellate Court.


108. Procedure in appeals from appellate decrees and orders.
[Appeals to the Appellate Division]

109. When appeals lie to the Supreme Court.


110. Value of subject-matter.
111. Bar of certain appeals.
111A [Omitted]
112. Savings
PART VIII
REFERENCE, REVIEW AND REVISION
113. Reference of High Court Division.
114. Review
115. Revision
PART IX
SPECIAL PROVISIONS RELATING TO HIGH COURT DIVISION
116. Part to apply only to certain High Court Division.
117. Application of Code to High Court Division.
118. Execution of decree before ascertainment of costs.
119. Unauthorised persons not to Address Court.
120. Provisions not applicable to High Court Division in original civil jurisdiction.

PART X
RULES
121. Effect of rules in First Schedule.
122. Power of Supreme Court to make rules.
123. Constitution of Rule Committees.
124. Committee to report to Supreme Court.
125. [Omitted]
126. Rules to be subject to approval.
127. Publication of rules.
128. Matters for which rules may provide.
129. [Omitted]
130. [Omitted]
131. [Omitted]
PART XI
MISCELLANEOUS
132. Exemption of certain women from personal appearance.
133. Exemption of other persons.
134. Arrest other than in execution of decree.
135. Exemption from arrest under civil process.
135A.Exemption of members of legislative bodies from arrest and detention under civil process.
136. Procedure where person to be arrested or property to be attached is outside district.
137. Language of subordinate Courts.
138. Power of High Court Division to require evidence to be recorded in English.
139. Oath on affidavit by whom to be administered.
140. Assessors in causes of salvage, etc.
141. Miscellaneous proceedings.
142. Orders and notices to be in writing.
143. Postage
144. Application for restitution.
145. Enforcement of liability of surety.
146. Proceedings by or against representatives.
147. Consent or agreement by persons under disability.
148. Enlargement of time.
149. Power to make up deficiency of court-fees.
150. Transfer of business.
151. Saving of inherent powers of Court.
152. Amendment of judgments, decrees or orders.
153. General power to amend.
154. Saving of present right of appeal.
155. Amendment of certain Acts.
156. [Repealed]
157-158. [Omitted]

The Code of Criminal Procedure, 1898

CHAPTER I
1. Short title Commencement
Extent
2. Repealed
3.(1) Omitted
(2) Expressions in former Acts
Words referring to acts
Words to have same meaning as in Penal Code
4. Definitions
4A. Construction of references.
5. Trial of offences under Penal Code
Trial of offences against other laws
PART II
CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES
CHAPTER II
OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES
A.-Classes of Criminal Courts
6. Classes of Criminal Courts
B. -Territorial Divisions
7. Sessions divisions and districts
Power to alter divisions and districts
Existing divisions and districts maintained till altered
8. Power to divide districts into Upazilas etc
Existing sub-divisions maintained

C.-Courts and Offices


9. Court of Sessions
10.Executive Magistrates
11. Judicial Magistrates
12. Special Magistrate
15. Benches of Magistrates
Powers exercisable by Bench in absence of special direction
16. Power to frame rules for guidance of Benches
17. Subordination of Executive,Judicial and Metropolitan Magistrates.
17A. Subordination of Joint Sessions Judges

D.-Courts of Metropolitan Magistrates


18. Appointment of Metropolitan Magistrates
19. Benches
20. Local limits of jurisdiction
21. Chief Metropolitan Magistrate

E.-Justices of the Peace


22. Justice of the peace for the mafassal
23-24. Repealed
25. Ex-officio Justices of the Peace.
F.-Suspension and Removal
26-27. Repealed
CHAPTER III
POWERS OF COURTS
A.-Description of Offences cognizable by each Court
28. Offences under Penal Code
29. Offences under other laws
29A. Omitted
29B. Jurisdiction in the case of juveniles
29C. Offences not punishable with death
30. Omitted
B.-Sentences which may be passed by courts of various Classes
31. Sentences which High Court Division and Sessions Judges may pass
32. Sentences which Magistrates may pass
33. Power of Magistrates to sentence to imprisonment in default of fine
33A. Higher powers of certain Magistrates
Proviso as to certain cases
34. Omitted
34A. Omitted
B.-Sentences which may be passed by courts of various Classes
35. Sentence in cases of conviction of several offences at one trial Maximum term of punishment
B.-Sentences which may be passed by courts of various Classes
35A. Deduction of imprisonment in cases where convicts may have been in custody

C.-Ordinary and Additional Powers


36. Ordinary powers of Magistrates
37. Additional powers conferrable on Magistrates.
38. Control of District Magistrates investing power

D.-Conferment, Continuance and Cancellation of Powers


39. Mode of conferring powers
40. Powers of officers appointed
41. Withdrawal of powers.

PART III
GENERAL PROVISIONS
CHAPTER IV
OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND
PERSONS MAKING ARRESTS
42. Public when to assist
43. Aid to person, other than police-officer, executing warrant
44. Public to give information of certain offences
45.Village-headmen,accountants, landholders and others bound to report certain matters.
Appointment of village-headman by District Magistrate [***] in certain cases for purposes of
this section
CHAPTER V
OF ARREST, ESCAPE AND RETAKING
A.-Arrest generally
46. Arrest how made
Resisting endeavour to arrest
47. Search of place entered by person sought to be arrested
48. Procedure where ingress not obtainable
Breaking open zanana
49. Power to break open doors and windows for purposes of liberation
50. No unnecessary restraint
51. Search of arrested persons
52. Mode of searching women
53. Power to seize offensive weapons
B.-Arrest without Warrant
54. When police may arrest without warrant
55. Arrest of vagabonds, habitual robbers, etc.
56. Procedure when police-officer deputes subordinate to arrest without warrant
57. Refusal to give name and residence
58. Pursuit of offenders into other jurisdictions
59. Arrest by private persons and procedure on such arrest
60. Person arrested to be taken before Magistrate or officer in charge of police-station
61. Person arrested not to be detained more than twenty-four hours
62. Police to report apprehensions.
63. Discharge of person apprehended
64. Offence committed in Magistrate's presence
65. Arrest by or in presence of Magistrate.
66. Power, on escape, to pursue and retake
67. Provisions of sections 47, 48 and 49 to apply to arrest under section 66

CHAPTER VI
OF PROCESSES TO COMPEL APPEARANCE
A.-Summons
68. Form of summons
Summons by whom served
69. Summons how served
Signature of receipt for summons
70. Service when person summoned cannot be found
71. Procedure when service cannot be effected as before provided
72. Service on servant of Republic
73. Service of summons outside local limits
74. Proof of service in such cases and when serving officer not present

B.-Warrant of Arrest
75. Form of warrant of arrest Continuance of warrant of arrest
Recognizance to be forwarded
76. Court may direct security to be taken
77. Warrants to whom directed
Warrants to several persons
78. Warrant may be directed to landholders, etc.
79. Warrant directed to police-officer
80. Notification of substance of warrant
81. Person arrested to be brought before Court without delay
82. Where warrant may be executed
83. Warrant forwarded for execution outside jurisdiction
84. Warrant directed to police-officer for execution outside jurisdiction
85. Procedure on arrest of person against whom warrant issued
86. Procedure by Magistrate before whom person arrested is brought.

C.-Proclamation and Attachment


87. Proclamation for person absconding
88. Attachment of property of person absconding
89. Restoration of attached property

D.-Other Rules regarding Processes


90. Issue of warrant in lieu of, or in addition to, summons
91. Power to take bond for appearance
92. Arrest by breach of bond for appearance
93. Provisions of this Chapter generally applicable to summonses and warrants of arrest
E.-Special Rules regarding processes issued for service or execution
93B. Sending of warrants for execution outside Bangladesh
93A. Sending of summons for service outside Bangladesh
93C. Service and execution in Bangladesh of processes received from outside Bangladesh
CHAPTER VII
OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER
MOVABLE PROPERTY, AND FOR THE DISCOVERY OF PERSONS WRONGFULLY
CONFINED
A.-Summons
94. Summons to produce document or other thing
95. Procedure as to letters and telegrams

B.-Search-warrants
96. When search-warrant may be issued
97. Power to restrict warrant
98. Search of house
99. Disposal of things found in search beyond jurisdiction
99B. Application to High Court Division to set aside order of forfeiture
99C. Hearing by Special Bench
99D. Order of Special Bench setting aside forfeiture
99E. Evidence to prove nature or tendency of newspapers
99F. Procedure in High Court Division
99G. Jurisdiction barred
99A. Power to declare certain publications forfeited and to issue search warrants for the same

C.-Discovery of Persons Wrongfully Confined


100. Search for persons wrongfully confined.

D.-General Provisions Relating to Searches


101. Direction, etc., of search-warrants
102. Persons in charge of closed place to allow search
103. Search to be made in presence of witnesses
Occupant of place searched may attend

E.- Miscellaneous
104. Power to impound document, etc., produced
105. Magistrate may direct search in his presence

PART IV
PREVENTION OF OFFENCES
CHAPTER VIII
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
A.-Security for keeping the Peach on Conviction
106. Security for keeping the peach on conviction

B.-Security for keeping the peach in the Cases and Security for Good Behaviour
107. Security for keeping the peace in other cases
Procedure of Magistrate not empowered to act under sub-section (1)
108. Security for good behaviour from persons disseminating seditious matter
109. Security for good behaviour from vagrants and suspected persons
110. Security for good behaviour from habitual offenders
111. Repealed
112. Order to be made
113. Procedure in respect of person present in Court
114. Summons or warrant in case of person not so present
115. Copy of order under section 112 to accompany summons or warrant
116. Power to dispense with personal attendance
117. Inquiry as to truth of information
118. Order to give security
119. Discharge of person informed against

C.-Proceedings in all Cases subsequent to Order to furnish Security


120. Commencement of period for which security is required
121. Contents of bond
122. Power to reject sureties
123. Imprisonment in default of security
Kind of imprisonment
Proceedings when to be laid before High Court Division or Court of Sessions
124. Power to release persons imprisoned for failing to give security
125. Power of District Magistrate to cancel any bond for keeping the peach or good behaviour
126. Discharge of sureties
126A. Security for unexpired period of bond

CHAPTER IX
UNLAWFUL ASSEMBLIES
127. Assembly to disperse on command of Magistrate or police officer
128. Use of civil force to disperse
129. Use of military force
130. Duty of officer commanding troops required by Magistrate to disperse assembly
131. Power of commissioned military officers to disperse assembly
132. Protection against prosecution for acts done under this Chapter

CHAPTER X
PUBLIC NUISANCES
132A. Application
133. Conditional order for removal of nuisance
134. Service or notification of order
135. Person to whom order is addressed to obey or show cause or claim jury
136. Consequence of his failing to do so
137. Procedure where he appears to show cause
138. Omitted & 139. Omitted
139A. Procedure where existence of public right is denied
140. Procedure on order being made absolute Consequences of disobedience to order
141. Omitted
142. Injunction pending inquiry
143. Magistrate may prohibit repetition or continuance of public nuisance

CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR APPREHENDED
DANGER.
144. Power to issue order

CHAPTER XII
DISPUTES AS TO IMMOVABLE PROPERTY
145. Procedure where dispute concerning land, etc., is likely to cause breach of peach
Inquiry as to possession
Party in possession to retain possession until legally evicted
146. Power to attach subject of dispute
147. Disputes concerning rights of use of immovable property, etc.
148. Local inquiry
Order as to costs
CHAPTER XIII
PREVENTIVE ACTION OF THE POLICE
149. Police to prevent cognizable offences
150. Information of design to commit such offences
151. Arrest to prevent such offences
152. Prevention of injury to public property
153. Inspection of weights and measures

PART V
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIV
154. Information in cognizable cases
155. Information in non-cognizable cases
Investigation into non-cognizable cases
156. Investigation into cognizable cases
157. Procedure where cognizable offence suspected
Where local investigation dispensed with
Where police-officer in charge sees no sufficient ground for investigation
158. Reports under section 157 how submitted
159. Power to hold investigation or preliminary inquiry
160. Police-officer's power to require attendance of witnesses
161. Examination of witnesses by police
162. Statements to police not to be signed; use of such statements in evidence
163. No inducement to be offered
164. Power to record statements and confessions
165. Search by police-officer
166. When officer-in-charge of police station may require another to issue search-warrant
167. Procedure when investigation cannot be completed in twenty-four hours
168. Report of investigation by subordinate police-officer
169. Release of accused when evidence deficient
170. Case to be sent to Magistrate when evidence is sufficient
171. Complainants and witnesses not to be required to accompany Police-Officer
Complainants and witnesses not to be subjected to restraint
Recusant complainant or witness may be forwarded in custody
172. Diary of proceedings in investigation
173. Report of police-officer
174. Police to inquire and report on suicide, etc.
175. Power to summon persons
176. Inquiry by Magistrate into cause of death
Power to disinter corpses

PART VI
PROCEEDINGS IN PROSECUTIONS
CHAPTER XV
OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
A.-Place of Inquiry or Trial
177. Ordinary place of inquiry and trial
178. Power to order cases to be tried in different sessions divisions
179. Accused triable in district where act is done or where consequence ensues
180. Place of trial where act is offence by reason of relation to other offence
181. Being a thug or belonging to a gang of dacoits, escape from custody, etc.
Criminal misappropriation and criminal breach of trust
Theft
Kidnapping and abduction
182. Place of inquiry or trial where scene of offence is uncertain or not in one district only or
where offence is continuing or consists of several acts
183. Offence committed on a journey
184. Repealed
185. High Court Division to decide, in case of doubt, district where inquiry or trial shall take
place
Magistrate's procedure on arrest
186. Power to issue summons or warrant for offence committed beyond local jurisdiction
187. Procedure where warrant issued by subordinate Magistrate
188. Liability for offences committed outside Bangladesh
Political Agents to certify fitness of inquiry into charge
189. Power to direct copies of depositions and exhibits to be received in evidence

B.-Conditions requisite for Initiation of Proceedings


190. Cognizance of offences by Magistrates
191. Transfer [***] on application of accused
192. Transfer of cases by Magistrates
193. Cognizance offences by Courts of Session
194. Omitted
195. Prosecution for contempt of lawful authority of public servants
Prosecution for certain offences against public justice
Prosecution for certain offences relating to documents given in evidence
196. Prosecution for offences against the State
196A. Prosecution for certain classes of criminal conspiracy
196B. Preliminary inquiry in certain cases
197. Prosecution of Judges and public servants
Power of Government as to prosecution
198. Prosecution for breach of contract, defamation and offences against marriage
199. Prosecution for adultery or enticing a married woman
199A. Objection by lawful guardian to compliant by person other than person aggrieved
199B. Form of authorization under second proviso to section 198 or 199

CHAPTER XVI
OF COMPLAINTS TO MAGISTRATES
200. Examination of complainant
201. Procedure by Magistrate not competent to take cognizance of the case
202. Postponement for issue of process
203. Dismissal of complaint

CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204. Issue of process
205. Magistrate may dispense with personal attendance of accused
205A. [Omitted] & 205B. [Omitted]
205C. Transfer of case of Court of Session when offence is trial exclusively by it
205CC. Transfer of case to [Chief Metropolitan Magistrate, Chief Judicial Magistrate], etc.
205D. Procedure to be followed when there is a complaint case and police investigation in
respect of the same offence

CHAPTER XVIII
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH
COURT DIVISION
(206-220) Omitted

CHAPTER XIX
OF THE CHARGE
Form of Charges
221. Charge to state offence
Specific name of offence sufficient description
How stated where offence has no specific name
What implied in charge
Language of charge
Previous conviction when to be set out
222. Particulars as to time, place and person
223. When manner of committing offence must be stated
224. Words in charge taken in sense of law under which offence is punishable
225. Effect of errors
226. Omitted
227. Court may alter charge
228. When trial may proceed immediately after alteration
229. When new trial may be directed, or trial suspended
230. Stay of proceedings if prosecution of offence in altered charge require previous sanction
231. Recall of witnesses when charge altered
232. Effect of material error
Joinder of Charges
233. Separate charges for distinct offences
234. Three offences of same kind within year may be charged together
235. Trial for more than one offence
Offence falling within two definitions
Acts constituting one offence, but constituting when combined a different offence
236. Where it is doubtful what offence has been committed
237. When a person is charged with one offence, he can be convicted of another
238. When offence proved included in offence charged
239. What persons may be charged jointly
240. Withdrawal of remaining charges on conviction on one of several charges

CHAPTER XX
OF THE TRIAL OF CASES BY MAGISTRATES
241. Procedure in cases
241A. When accused shall be discharged
242. Charge to be framed
243. Conviction on admission of truth of accusation
244. Procedure when no such admission is made
245. Acquittal
Sentence
246. Omitted
247. Non-appearance of complainant
248. Withdrawal of complaint
249. Power to stop proceedings when no complainant
Frivolous Accusations in Cases tried by Magistrates.
250. False, frivolous or vexatious accusations

CHAPTER XXI
OF THE TRIAL OF WARRANT-CASES BY MAGISTRATES
(251-259) Omitted

CHAPTER XXII
OF SUMMARY TRIALS
260. Power to try summarily
261. Power to invest Bench of Magistrates invested with less power
262. [Procedure for summary trials]
Limit of imprisonment
263. Record in cases where is no appeal
264. Record in appealable cases
265. Language of record and judgment
Bench may be authorised to employ clerk

2
CHAPTER XXIII
OF TRIALS BEFORE COURTS OF SESSION
265A. Trial to be conducted by Public Prosecutor
265B. Opening case for prosecution
265C. Discharge
265D. Framing charge
265E. Conviction of plea of guilty
265F. Date for prosecution evidence
265G. Evidence of prosecution
265H. Acquittal
265I. Entering upon defence
265J. Arguments
265K. Judgment of acquittal or conviction
265L. Previous conviction
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
337. Tender of pardon to accomplice
338. Power to direct tender of pardon
339D. Omitted
339. [Trial] of person to whom pardon has been tendered
339A. Procedure in trial of person under section 339
339B. Trial in absentia
339C. Time for disposal of cases
340. Right of person against whom proceedings are instituted to be defended and his competency
to be a witness
341. Procedure where accused does not understand proceedings
342. Power to examine the accused
343. No influence to be used to induce disclosures
344. Power to postpone or adjourn proceedings
Remand
Reasonable cause for remand
345. Compounding offences
346. Procedure of [* * *] [Chief Judicial Magistrate] in cases which he cannot dispose of.
347. Procedure when, higher punishment should be inflicted on accused
348. Trial of persons previously convicted of offences against coinage, stamp-law or property
349. Procedure when Magistrate cannot pass sentence sufficiently severe
349A. Conviction on evidence partly recorded by one Sessions Judge, etc., and partly by another
350A. Changes in constitution of Benches
350. Conviction [***] on evidence partly recorded by one Magistrate and partly by another
351. Detention of offenders attending Court
352. Courts to be open

CHAPTER XXV
OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND
TRIALS
353. Evidence to be taken in presence of accused
354. Manner of recording evidence
355. Record [***] in trials of certain offences by first and second class Magistrates
356. Record in other cases
Memorandum when evidence not taken down by the Magistrate or Judge himself
Evidence given in English
357. Language of record of evidence
358. Option to Magistrate in cases under section 355
359. Mode of recording evidence under section 356 or section 357
360. Procedure in regard to such evidence when completed
361. Interpretation of evidence to accused or his pleader
362. Omitted
363. Remarks respecting demeanor of witness
364. Examination of accused how recorded
365. Record of evidence in High Court Division

CHAPTER XXVI
OF THE JUDGMENT
366. Mode of delivering judgment
367. Language of judgment Contents of judgment
Judgment in alternative
368. Sentence of death.
Sentence of transportation
369. Court not to alter judgment
370. Omitted
371. Copy of judgment, etc., to be given to accused on application.Case of person sentenced to
death
372. Judgment when to be translated
373. Court of Session to send copy of finding and sentence to District Magistrate

CHAPTER XXVII
OF THE SUBMISSION OF SENTENCES FOR CONFIRMATION
374. Sentence of death to be submitted by Court of Session
375. Power to direct further inquiry to be made or additional evidence to be taken
376. Power of High Court Division to confirm sentence or annul conviction
377. Confirmation of new sentence to be signed by two Judges
378. Procedure in case of difference of opinion
379. Procedure in cases submitted to High Court Division for confirmation
380. Repealed
CHAPTER XXVIII
OF EXECUTION
381. Execution of order passed under section 376
382. Postponement of capital sentence on pregnant woman
383. Execution of sentence of transportation or imprisonment in other cases
384. Direction of warrant for execution
385. Warrant with whom to be lodged
386. Warrant for levy of fine
387. Effect of such warrant
388. Suspension of execution of sentence of imprisonment.
389. Who may issue warrant
390. Execution of sentence of whipping only
391. Execution of sentence of whipping, in addition to imprisonment
392. Mode of inflicting punishment
Limit of number of stripes
393. Not to be executed by instalments Exemptions
394. Whipping not to be inflicted if offender not in fit state of health
Stay of execution
395. Procedure if punishment cannot be inflicted under section 394
396. Execution of sentences on escaped convicts
397. Sentence on offender already sentenced for another offence
398. Saving as to sections 396 and 397
399. Confinement of youthful offenders in reformatories
400. Return of warrant on execution of sentence

CHAPTER XXIX
OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES
401. Power to suspend or remit sentences
402. Power to commute punishment
402A. Sentences of death

CHAPTER XXX
OF PREVIOUS ACQUITTALS OR CONVICTIONS
403. Person once convicted or acquitted not to be tried for same offence

PART VII
OF APPEAL, REFERENCE AND REVISION
CHAPTER XXXI
OF APPEALS
404. Unless otherwise provided, no appeal to lie
405. Appeal from order rejecting application for restoration of attached property
406. Appeal from order requiring security for keeping the peace or for good behaviour
406A. Appeal from order refusing to accept or rejecting a surety
407. Appeal from sentence of Magistrate of the second or third class
408. Appeal from sentence of Joint Sessions Judge and Magistrates of the first class
409. Appeals to Court of Session how heard
410. Appeal from sentence of Court of Session
411. Omitted
411A. Omitted
412. No appeal in certain cases when accused pleads guilty
413. No appeal in petty cases
414. No appeal from certain summary convictions
415. Proviso to sections 413 and 414
415A. Special right of appeal in certain cases
416. Repealed
417. Appeal in case of acquittal
417A. Appeal against inadequacy of sentence
418. Appeals on what matters admissible
419. Petition of appeal
420. Procedure when appellant in jail
421. Summary dismissal of appeal
422. Notice of appeal
423. Powers of Appellate Court in disposing of appeal
424. Judgments of subordinate Appellate Courts
425. Order by High Court Division on appeal to be certified to lower Court
426. Suspension of sentence pending appeal Release of appellant on bail
427. Arrest of accused in appeal from acquittal
428. Appellate Court may take further evidence or direct it to be taken
429. Procedure where Judges of Court of Appeal are equally divided
430. Finality of orders on appeal
431. Abatement of appeals

CHAPTER XXXII
OF REFERENCE AND REVISION
432. & 433. Omitted
434. Omitted
435. Power to call for records of inferior Courts
436. Power to order inquiry
437. Omitted
438. Omitted
439. High Court Division's powers of revision
439A. Sessions Judge's powers of revision
440. Optional with Court to hear parties
441. Omitted
442. High Court Division's order to be certified to lower Court or Magistrate

3
CHAPTER XXXIIA
TIME FOR DISPOSAL OF APPEAL AND REVISION
442A. Time for disposal of appeals and Revision
PART VIII
SPECIAL PROCEEDINGS
CHAPTER XXXIII
(443-463) Omitted

CHAPTER XXXIV
LUNATICS
464. Procedure in case of accused being lunatic
465. Procedure in case of person being lunatic before Court of Sessions
466. Release of lunatic pending investigation or trial
Custody of lunatic
467. Resumption of inquiry or trial
468. Procedure on accused appearing before Magistrate or Court
469. When accused appears to have been insane
470. Judgment of acquittal on ground of lunacy
Power of Government to relieve Inspector General of certain functions
471. Person acquitted on such ground to be detained in safe custody
472. Repealed
473. Procedure where lunatic prisoner is reported capable of making his defence
474. Procedure where lunatic detained under section 466 or 471 is declared fit to be released.
475. Delivery of lunatic to care of relative or friend

CHAPTER XXXV
PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE
ADMINISTRATION OF JUSTICE
476. Procedure in cases mentioned in section 195.
476A. Superior Court may complain where subordinate Court has committed to do so
476B. Appeals
477. Repealed
478. [Omitted] & 479. [Omitted]
480. Procedure in certain cases of contempt
481. Record in such cases
482. Procedure where Court considers that case should not be dealt with under section 480
483. When Registrar or Sub-Registrar to be deemed a Civil Court within sections 480 and 482
484. Discharge of offender on submission or apology
485. Imprisonment or committal of person refusing to answer or produce document
485A. Summary procedure for punishment for non-attendance by a witness in obedience to
summons
486. Appeals from convictions in contempt cases
487. Certain Judges and Magistrates not to try offences referred to in section 195 when
committed before themselves

CHAPTER XXXVI
OF THE MAINTENANCE OF WIVES AND CHILDREN.
Omitted
CHAPTER XXXVII
DIRECTIONS OF THE NATURE OF A Habeas Corpus
491A. Omitted
491. Power to issue directions of the nature of a habeas corpus

PART IX
SUPPLEMENTARY PROVISIONS
CHAPTER XXXVIII
OF THE PUBLIC PROSECUTOR
492. Power to appoint Public Procecutors
493. Public Prosecutor may plead in all Court in cases under his charge Pleaders privately
instructed to be under his direction
494. Effect of withdrawal from prosecution
495. Permission to conduct prosecution

CHAPTER XXXIX
OF BAIL
496. In what cases bail to be taken
497A. Omitted
497. When bail may be taken in case of non-bailable offence
498. Power to direct admission to bail or reduction of bail
499. Bond of accused and sureties
500. Discharge from custody
501. Power to order sufficient bail when that first taken is insufficient
502. Discharge of sureties

CHAPTER XL
OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES
503. When attendance of witness may be dispensed with Issue of commission and procedure
thereunder
504. Commission in case of witness being within [a] Metropolitan Area
505. Parties may examine witnesses
506. Power of Subordinate Magistrate to apply for issue of commission
507. Return of commission
508. Adjournment of inquiry or trial
508A. Application of this Chapter to Commissions issued in Burma

CHAPTER XLI
SPECIAL RULES OF EVIDENCE
509. Deposition of medical witness
Power to summon medical witness
509A. Report of post-mortem examination
510. Report of Chemical Examiner, serologist, etc.
510A. Evidence of formal character on Affidavit
511. Previous conviction or acquittal how proved
512. Record of evidence in absence of accused
Record of evidence when offender unknown
CHAPTER XLII
PROVISIONS AS TO BONDS
513. Deposit instead of recognizance
514. Procedure on forfeiture of bond
514A. Procedure in case of insolvency or death of surety or when a bond is forfeited
514B. Bond required from a minor
515. Appeal from, and revision of, orders under section 514
516. Power to direct levy of amount due on certain recognizances

CHAPTER XLIII
OF THE DISPOSAL OF PROPERTY
516A. Order for custody and disposal of property pending trial in certain cases
517. Order for disposal of property regarding which offence committed
518. Order may take form of reference to District [***] Magistrate.
519. Payment to innocent purchaser of money found on accused
520. Stay of order under sections 517, 518 or 519
521. Destruction of libelous and other matter
522. Power to restore possession of immovable property
523. Procedure by police upon seizure of property taken under section 51 or stolen
Procedure where owner of property seized unknown
524. Procedure where no claimant appears within six months
525. Power to sell perishable property

CHAPTER XLIV
OF THE TRANSFER OF CRIMINAL CASES
525A. Power of Appellate Division to transfer cases and appeals
526. High Court Division may transfer case or itself try it
Notice to Public Prosecutor of application under this section
Adjournment on application under this section
526A. Omitted
526B. Power of Sessions Judge to transfer cases
527. Omitted
528. Sessions Judge may withdraw cases from Assistant Sessions Judge.
[Chief Metropolitan Magistrate, Chief Judicial Magistrate or District ] Magistrate may
withdraw or refer cases.
Power to authorise [Chief Metropolitan Magistrate or the Chief Judicial Magistrate] to
withdraw classes of cases.

CHAPTER XLV
OF IRREGULAR PROCEEDINGS
529. Irregularities which do not vitiate proceedings
530. Irregularities which vitiate proceedings
531. Proceedings in wrong place
532. Omitted
533. Non-compliance with provisions of section 164 or 364
534. Omitted
535. Effect of omission to prepare charge
536. Omitted
537. Finding or sentence when reversible by reason of error or omission in charge or other
proceedings
538. Attachment not illegal, person making same not trespasser for defect or want of form in
proceedings

CHAPTER XLVI
MISCELLANEOUS
539. Courts and persons before whom affidavits may be sworn
539A. Affidavit in proof of conduct of public servant
539B. Local inspection
540. Power to summon material witness or examine person present
540A. Provision for inquiries and trial being held in the absence of accused in certain cases
541. Power to appoint place of imprisonment
Removal to criminal jail of accused or convicted persons who are in confinement in civil
jail, and their return to the civil jail
542. Repealed
543. Interpreter to be bound to interpret truthfully
544. Expenses of complainants and witnesses
545. Power of Court to pay expenses or compensation out of fine
546. Payments to be taken into account in subsequent suit
546A. Order of payment of certain fees paid by complainant in non-cognizable cases
547. Moneys ordered to be paid recoverable as fines
548. Copies of proceedings
Apprehension of such persons
549. Delivery to military authorities of persons liable to the tried by Court-martial
550. Powers to police to seize property suspected to be stolen
551. Power of superior officers of police
552. Power to compel restoration of abducted females
553. Repealed
554. Power of chartered High Court Division to make rules for inspection of records of
subordinate Courts
Power of other High Court Division to make rules for other purposes
555. Forms
556. Case in which Judge or Magistrate is personally interested
557. Practicing pleader not to sit as Magistrate in certain Courts
558. Power to decide language of Courts
559. Provision for powers of Judges and Magistrates being exercised by their successors in office
560. Officers concerned in sales not to purchase or bid for property
561A. Saving of inherent power of High Court Division
561. Special provisions with respect to offence of rape by a husband
First Offenders
562. Repealed
563. Repealed
564. Repealed
Previously convicted offenders
565. Order for notifying address of previously convicted offender

The Penal Code, 1860

1. Title and extent of operation of the Code


2. Punishment of offences committed within Bangladesh
3. Punishment of offences committed beyond, but which by law may be tried within Bangladesh
4. Extension of Code to extra-territorial offences
5. Certain laws not to be affected by this Act

CHAPTER II
GENERAL EXPLANATIONS
6. Definitions in the Code to be understood subject to exceptions
7. Sense of expression once explained
8. Gender
9. Number
10. “Man” “Woman”
11. “Person”
12. “Public”
13. [Omitted]
14. “Servant of the State”
15. [Repealed]
16. [Repealed]
17. “Government”
18. [Repealed]
19. “Judge”
20. “Court of justice”
21. “Public servant”
22. “Moveable property”
23. “Wrongful gain”
“Wrongful loss”
Gaining wrongfully. Losing wrongfully.
24. “Dishonestly”
25. “Fraudulently"
26. “Reason to believe”
27. Property in possession of wife, clerk or servant.
28. “Counterfeit”
29. “Document”
30. “Valuable security”
31. “A will”
32. Words referring to acts include illegal omissions
33. “Act” “Omission”
34. Acts done by several persons in furtherance of common intention
35. When such an act is criminal by reason of its being done with a criminal knowledge or
intention
36. Effect caused partly by act and partly by omission
37. Co-operation by doing one of several Acts constituting an offence
38. Persons concerned in criminal act may be guilty of different offences
39. “Voluntarily”
40. “Offence”
41. “Special law”
42. “Local law”
43. “Illegal” “Legally bound to do”
44. “Injury”
45. “Life”
46. “Death”
47. “Animal”
48. “Vessel”
49. “Year” “Month”
50. “Section”
51. “Oath”
52. “Good faith”
52A. “Harbour”

CHAPTER III
OF PUNISHMENTS
53. Punishments
53A. Construction of reference to transportation
54. Commutation of sentence of death
55. Commutation of sentence of [ imprisonment ] for life
55A. Saving for President’s prerogative
56. [Repealed]
57. Fractions of terms of punishment
58. [Omitted]
59. [Omitted]
60. Sentence may be (in certain cases of imprisonment, wholly or partly rigorous or simple
61. [Repealed]
62. [Repealed]
63. Amount of fine
64. Sentence of imprisonment for non-payment of fine
65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable
66. Description of imprisonment for non-payment of fine
67. Imprisonment for non-payment of fine, when offence punishable with fine only
68. Imprisonment to terminate on payment of fine
69. Termination of imprisonment on payment of propor-tional part of fine
70. Fine leviable within six years, or during imprisonment Death not to discharge property from
liability
71. Limit of punishment of offence made up of several offences
72. Punishment of person guilty of one of several offences, the judgment stating that it is
doubtful of which
73. Solitary confinement
74. Limit of solitary confinement
75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous
conviction
CHAPTER IV
GENERAL EXCEPTIONS
76. Act done by a person bound, or by mistake of fact believing himself bound, by law
77. Act of judge when acting judicially
78. Act done pursuant to the judgment or order of Court
79. Act done by a person justified, or by mistake of fact believing himself justified, by law
80. Accident in doing a lawful act
81. Act likely to cause harm, but done without criminal intent and to prevent other harm
82. Act of a child under nine years of age
83. Act of a child above nine and under twelve of immature understanding
84. Act of a person of unsound mind
85. Act of a person incapable of judgment by reason of intoxication caused against his will
86. Offence requiring a particular intent or knowledge committed by one who is intoxicated
87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent
88. Act not intended to cause death, done by consent in good faith for person’s benefit
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian
90. Consent known to be given under fear or misconception
Consent of insane person
Consent of child
91. Exclusion of acts which are offences independently of harm caused
92. Act done in good faith for benefit of a person without consent
93. Communication made in good faith
94. Act to which a person is compelled by threats
95. Act causing slight harm
Of the Right of the Private Defence
96. Things done in private defence
97. Right of private defence of the body and of property
98. Right of private defence against the act of a person of unsound mind, etc.
99. Acts against which there is no right private defence
Extent to which the right may be exercised
100. When the right of private defence of the body extends to causing death
101. When such right extends to causing any harm other than death
102. Commencement and continuance of the right of private defence of the body
103. When the right of private defence of property extends to causing death
104. When such right extends to causing any harm other than death
105. Commencement and continuance of the right of private defence of property
106. Right of private defence against deadly assault when there is risk of harm to innocent
person
CHAPTER V
OF ABETMENT
107. Abetment of a thing
108A. Abetment in Bangladesh, of offences outside it
108. Abettor
109. Punishment of abetment if the act abetted is committed in consequence and where no
express provision is made for its punishment.
110. Punishment of abetment if person abetted does act with different intention from that of
abettor
111. Liability of abettor when one act abetted and different act done
112. Abettor when liable to cumulative punishment for act abetted and for act done
113. Liability of abettor for an effect caused by the act abetted different from that intended by the
abettor
114. Abettor present when offence is committed
115. Abetment of offence punishable with death or imprisonment for life- if offence be not
committed; if act causing harm be done in consequence
116. Abetment of offence punishable with imprisonment- if offence be not committed; if abettor
or person abetted be a public servant whose duty it is to prevent offence
117. Abetting commission of offence by the public, or by more than ten persons
118. Concealing design to commit offence punishable with death or imprisonment for life- if
offence be committed; if offence be not committed
119. Public servant concealing design to commit offence which it is his duty to prevent-
if offence be committed;
if offence be punishable with death, etc;
if offence be not committed
120. Concealing design to commit offence punishable with imprisonment
if offence be committed; if offence be not committed

2
CHAPTER VA
CRIMINAL CONSPIRACY
120B. Punishment of criminal conspiracy
120A. Definition of criminal conspiracy.

CHAPTER VI
OF OFFENCES AGAINST THE STATE
121. Waging or attempting to wage war, or abeting waging of war, against Bangladesh
121A. Conspiracy to commit offences punishable by section 121.
122. Collecting arms, etc., with intention of waging war against Bangladesh
123. Concealing with intent to facilitate design to wage war
123A. Condemnation of the creation of the State, and advocacy of abolition of its sovereignty
124. Assaulting President, The Government, etc., with intent to compel or restrain the exercise of
any lawful power
124A. Sedition
125. Waging war against any Asiatic Power in alliance with Bangladesh
126. Committing depredation on territories of Power at peace with Bangladesh
127. Receiving property taken by war or depredation mentioned in sections 125 and 126
128. Public servant voluntarily allowing prisoner of State or war to escape
129. Public servant negligently suffering such prisoner to escape
130. Aiding escape of, rescuing or harbouring such prisoner

CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
132. Abetment of mutiny, if mutiny is committed in consequence thereof
133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution
of his office
134. Abetment of such assault, if the assault is committed
135. Abetment of desertion of soldier, sailor or airman
136. Harbouring deserter
137. Deserter concealed on board merchant vessel through negligence of master
138. Abetment of act of insubordination by soldier, sailor or airman
138A. [Repealed]
139. Persons subject to certain acts
140. Wearing garb or carrying token used by soldier, sailor or airman

CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILITY
141. Unlawful assembly
142. Being member of unlawful assembly
143. Punishment
144. Joining unlawful assembly, armed with deadly weapon
145. Joining or continuing in unlawful assembly, knowing it has been commanding to disperse
146. Rioting
147. Punishment for rioting
148. Rioting, armed with deadly weapon
149. Every member of unlawful assembly guilty of offence committed in prosecution of common
object
150. Hiring, or conniving at hiring, of persons to join unlawful assembly
151. Knowingly joining or continuing in assembly of five or more persons after it has been
commanded to disperse
152. Assaulting or obstructing public servant when suppressing riot, etc.
153. Wantonly giving provocation with intent to cause riot- if rioting be committed; if not
committed
153A. Promoting enmity between classes
153B. Inducing students, etc. to take part in political activity
154. Owner or occupier of land on which an unlawful assembly is held
155. Liability of person for whose benefit riot is committed
156. Liability of agent of owner or occupier for whose benefit riot is committed
157. Harbouring persons hired for an unlawful assembly
158. Being hired to take part in an unlawful assembly or riot; or to go armed
159. Affray
160. Punishment for committing affray

CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
161. Public servant taking gratification other than legal remuneration in respect of an official ac
162. Taking gratification, in order, by corrupt or illegal means, to influence public servant
163. Taking gratification, for exercise of personal influence with public servant
164. Punishment for abetment by public servant of offences defined in section 162 or 163
165A. Punishment for abetment of offences defined in sections 161 and 165
165B. Certain abettors excepted
165. Public servant obtaining valuable thing, without consideration, from person concerned in
proceeding or business transacted by such public servant
166. Public servant disobeying law, with intent to cause injury to any person
167. Public servant framing an incorrect document with intent to cause injury
168. Public servant unlawfully engaging in trade
169. Public servant unlawfully buying or bidding for property
170. Personating a public servant
171. Wearing garb or carrying token used by public servant with fraudulent intent

3
CHAPTER IXA
OF OFFENCES RELATING TO ELECTIONS
171A. “Candidate”, “Electoral right” defined
171D. Personation at elections
171E. Punishment of bribery
171B. Bribery
171C. Undue influence at elections
171F. Punishment for undue influence or personation at an election
171G. False statement in connection with an election
171H. Illegal payments in connection with an election
171-I. Failure to keep election accounts

CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
172. Absconding to avoid service of summons or other proceeding
173. Preventing service of summons or other proceeding or preventing publication thereof
174. Non-attendance in obedience to an order from public servant
175. Omission to produce document to public servant by person legally bound to produce it
176. Omission to give notice or information to public servant by person legally bound to give it
177. Furnishing false information
178. Refusing oath or affirmation when duly required by public servant to make it
179. Refusing to answer public servant authorized to question
180. Refusing to sign statement
181. False statement on oath or affirmation to public servant or person authorized to administer
an oath or affirmation
182. False information with intent to cause public servant to use his lawful power to the injury of
another person
183. Resistance to the taking of property by the lawful authority of a public servant
184. Obstructing sale of property offered for sale by authority of public servant
185. Illegal purchase or bid for property offered for sale by authority of public servant
186. Obstructing public servant in discharge of public functions
187. Omission to assist public servant when bound by law to give assistance
188. Disobedience to order duly promulgated by public servant
189. Threat of injury to public servant
190. Threat of injury to induce person to refrain from applying for protection to public servant

CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
191. Giving false evidence
192. Fabricating false evidence
193. Punishment for false evidence
194. Giving or fabricating false evidence with intent to procure conviction of capital offence; if
innocent person be thereby convicted and executed
195. Giving or fabricating false evidence with intent to procure conviction of offence punishable
with imprisonment for life or imprisonment
196. Using evidence known to be false
197. Issuing or signing false certificate
198. Using as true a certificate known to be false
199. False statement made in declaration which is by law receivable as evidence
200. Using as true such declaration knowing it to be false
201. Causing disappearance of evidence of offence, or giving false information to screen
offender- if a capital offence; if punishable with imprisonment for life; if punishable with less
than ten years’ imprisonment
202. Intentional omission to give information of offence by person bound to inform
203. Giving false information respecting an offence committed
204. Destruction of document to prevent its production as evidence
205. False personation for purpose of act or proceeding in suit or prosecution
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in
execution
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution
208. Fraudulently suffering decree for sum not due
209. Dishonestly making false claim in Court
210. Fraudulently obtaining decree for sum not due
211. False charge of offence made with intent to injure
212. Harbouring offender if a capital offence; if punishable with imprisonment for life, or with
imprisonment
213. Taking gift, etc., to screen an offender from punishment- if a capital offence; if punishable
with imprisonment for life, or with imprisonment
214. Offering gift or restoration of property in consideration of screening offender- if a capital
offence; if punishable with imprisonment for life, or with imprisonment
215. Taking gift to help to recover stolen property, etc.
216B. [Omitted]
216. Harbouring offender who has escaped from custody or whose apprehension has been
ordered- if a capital offence; if punishable with imprisonment for life, or with imprisonment
216A. Penalty for harbouring robbers or dacoits
217. Public servant disobeying direction of law with intent to save person from punishment or
property from forfeiture
218. Public servant framing incorrect record or writing with intent to save person from
punishment or property from forfeiture
219. Public servant in judicial proceeding corruptly making report, etc., contrary to law
220. Commitment for trial or confinement by person having authority who knows that he is
acting contrary to law
221. Intentional omission to apprehend on the part of public servant bound to apprehend
222. Intentional omission to apprehend on the part of public servant bound to apprehend person
under sentence or lawfully committed
223. Escape from confinement or custody negligently suffered by public servant
224. Resistance or obstruction by a person to his lawful apprehension
225B. Resistance or obstruction to lawful apprehension, or escape or rescue, in cases not
otherwise provided for
225. Resistance or obstruction to lawful apprehension of another person
225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not
otherwise provided for
226. [Omitted]
227. Violation of condition of remission of punishment
228. Intentional insult or interruption to public servant sitting in judicial proceeding
229. Personation of a juror or assessor

CHAPTER XII
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
230. “Coin” defined Bangladesh coin
231. Counterfeiting coin
232. Counterfeiting Bangladesh coin
233. Making or selling instrument for counterfeiting coin
234. Making or selling instrument for counterfeiting Bangladesh coin
235. Possession of instrument or material for the purpose of using the same for counterfeiting
coin; if Bangladesh coin
236. Abetting in Bangladesh the counterfeiting out of Bangladesh of coin
237. Import or export of counterfeit coin
238. Import or export of counterfeits of Bangladesh coin
239. Delivery of coin, possessed with knowledge that it is counterfeit
240. Delivery of Bangladesh coin, possessed with knowledge that it is counterfeit
241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be
counterfeit
242. Possession of counterfeit coin by person who knew it to be counterfeit when he became
possessed thereof
243. Possession of Bangladesh coin by person who knew it to be counterfeit when he became
possessed thereof
244. Person employed in mint causing coin to be of different weight or composition from that
fixed by law
245. Unlawfully taking coining instrument from mint
246. Fraudulently or dishonesty diminishing weight or altering composition of coin
247. Fraudulently or dishonestly diminishing weight or altering composition of Bangladesh coin
248. Altering appearance of coin with intent that it shall pass as coin of different description
249. Altering appearance of Bangladesh coin, with intent that it shall pass as coin of different
description
250. Delivery of coin, possessed with knowledge that it is altered
251. Delivery of Bangladesh coin, possessed with knowledge that it is altered
252. Possession of coin by person who knew it to be altered when he became possessed thereof
253. Possession of Bangladesh coin by person who knew it to be altered when he became
possessed thereof
254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be
altered
255. Counterfeiting Government stamp
256. Having possession of instrument or material for counterfeiting Government stamp
257. Making or selling instrument for counterfeiting Government stamp
258. Sale of counterfeit Government stamp
259. Having possession of counterfeit Government stamp
260. Using as genuine a Government stamp known to be counterfeit
261. Effacing writing from substance bearing Government stamp, or removing from document a
stamp used for it, with intent to cause loss to Government
262. Using Government stamp known to have been before used
263. Erasure of mark denoting that stamp has been used
263A. Prohibition of fictitious stamps
264. Fraudulent use of false instrument for weighing
265. Fraudulent use of false weight or measure
266. Being in possession of false weight or measure
267. Making or selling false weight or measure

CHAPTER XIV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE,
DECENCY AND MORALS
268. Public nuisance
269. Negligent act likely to spread infection of disease dangerous to life
270. Malignant act likely to spread infection of disease dangerous to life
271. Disobedience to quarantine rule
272. Adulteration of food or drink intended for sale
273. Sale of noxious food or drink
274. Adulteration of drugs
275. Sale of adulterated drugs
276. Sale of drug as a different drug or preparation
277. Fouling water or public spring or reservoir
278. Making atmosphere noxious to health
279. Rash driving or riding on a public way
280. Rash navigation of vessel
281. Exhibition of false light, mark or buoy
282. Conveying person by water for hire in unsafe or over-loaded vessel
283. Danger or obstruction in public way or line of navigation
284. Negligent conduct with respect to poisonous substance
285. Negligent conduct with respect to fire or combustible matter
286. Negligent conduct with respect to explosive substance
287. Negligent conduct with respect to machinery
288. Negligent conduct with respect to pulling down or repairing buildings
289. Negligent conduct with respect to animal
290. Punishment for public nuisance in cases not otherwise provided for
291. Continuance of nuisance after injunction to discontinue
292. Sale, etc., of obscene books, etc.
293. Sale, etc., of obscene objects to young person
294. Obscene acts and songs
294A. Keeping lottery-office
294B. Offering of prize in connection with trade, etc.

CHAPTER XV
OF OFFENCES RELATING TO RELIGION
295. Injuring or defiling place of worship, with intent to insult the religion of any class
295A. Deliberate and malicious acts intended to outrage religious feelings of any class by
insulting its religion or religious beliefs
296. Disturbing religious assembly
297. Trespassing on burial places, etc.
298. Uttering words, etc., with deliberate intent to wound religious feelings

CHAPTER XVI
OF OFFENCES AFFECTING THE HUMAN BODY
Of Offences affecting Life
299. Culpable homicide
300. Murder
When culpable homicide is not murder
301. Culpable homicide by causing death of person other than person whose death was intended
302. Punishment for murder
303. Punishment for murder by life-convict
304A. Causing death by negligence
304B. Causing death by rash driving or riding on a public way
304. Punishment for culpable homicide not amounting to murder
305. Abetment of suicide of child or insane person
306. Abetment of suicide
307. Attempt to murder Attempts by life-convicts
308. Attempt to commit culpable homicide
309. Attempt to commit suicide
310. Thug
311. Punishment
Of the causing of Miscarriage, of Injuries to unborn Children, of the Exposure of Infants,
and of the Concealment of Births.
312. Causing miscarriage
313. Causing miscarriage without women's consent
314. Death caused by act done with intent to cause miscarriage
If act done without women's consent
315. Act done with intent to prevent child being born alive or to cause it to die after birth
316. Causing death of quick unborn child by act amounting to culpable homicide
317. Exposure and abandonment of child under twelve years by parent or person having care of
it
318. Concealment of birth by secret disposal of dead body
Of Hurt
319. Hurt
320. Grievous hurt
321. Voluntarily causing hurt
322. Voluntarily causing grievous hurt
323. Punishment for voluntarily causing hurt
324. Voluntarily causing hurt by dangerous weapons or means
325. Punishment for voluntarily causing grievous hurt
326. Voluntarily causing grievous hurt by dangerous weapons or means
326A. Voluntarily causing grievous hurt in respect of both eyes, hand or face by means of
corrosive substance, etc.
327. Voluntarily causing hurt to extort property or to constrain to an illegal act
328. Causing hurt by means of poison, etc., with intent to commit an offence
329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act
330. Voluntarily causing hurt to extort confession, or to compel restoration of property
331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property
332. Voluntarily causing hurt to deter public servant from his duty
333. Voluntarily causing grievous hurt to deter public servant from his duty
334. Voluntarily causing hurt on provocation
335. Voluntarily causing grievous hurt on provocation
336. Act endangering life or personal safety to others
337. Causing hurt by act endangering life or personal safety of others
338. Causing grievous hurt by act endangering life or personal safety of others
338A. Causing grievous hurt by rush driving or riding on a public way
Of Wrongful Restraint and Wrongful Confinement
339. Wrongful restraint
340. Wrongful confinement
341. Punishment for wrongful restraint
342. Punishment for wrongful confinement
343. Wrongful confinement for three or more days
344. Wrongful confinement for ten or more days
345. Wrongful confinement of person for whose liberation writ has been issued
346. Wrongful confinement in secret
347. Wrongful confinement to extort property or constrain to illegal act
348. Wrongful confinement to extort confession or compel restoration of property
Of Criminal Force and Assault
349. Force
350. Criminal force
351. Assault
352. Punishment for assault or criminal force otherwise than on grave provocation
353. Assault or criminal force to deter public servant from discharge of his duty
354. Assault or criminal force to woman with intent to outage her modesty
355. Assault or criminal force with intent to dishonour person, otherwise than on grave
provocation
356. Assault or criminal force in attempt to commit theft of property carried by a person
357. Assault or criminal force in attempt wrongfully to confine a person
358. Assault or criminal force on grave provocation.
Of Kidnapping, Abduction, Slavery and Forced Labour
359. Kidnapping
360. Kidnapping from Bangladesh, etc.
361. Kidnapping from lawful guardianship
362. Abduction
363. Punishment for kidnapping
364A. Kidnapping or abducting a person under the age of ten
364. Kidnapping or abducting in order to murder
365. Kidnapping or abducting with intent secretly and wrongfully to confine person
366. Kidnapping or abducting or inducing woman to compel her marriage, etc.
366A. Procuration of minor girl
366B. Importation of girl from foreign country
367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person
369. Kidnapping or abducting child under ten years with intent to steal from its person
370. Buying or disposing of any person as a slave
371. Habitual dealing in slaves
372. Selling minor for purposes of prostitution, etc.
373. Buying minor for purposes of prostitution, etc.
374. Unlawful compulsory labour
Of Rape
375. Rape
376. Punishment for rape
Of Unnatural Offences
377. Unnatural offences

CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
Of Theft
378. Theft
379. Punishment for theft
380. Theft in dwelling-house, etc.
381. Theft by clerk or servant of property in possession of master
382. Theft after preparation made for causing death, hurt or restraint, in order to the committing
of the theft
Of Extortion
383. Extortion
384. Punishment for extortion
385. Putting person in fear of injury in order to commit extortion
386. Extortion by putting a person in fear of death or grievous hurt
387. Putting person in fear of death or of grievous hurt, in order to commit extortion
388. Extortion by threat of accusation of an offence punishable with death or imprisonment, etc.
389. Putting person in fear of accusation of offence in order to commit extortion
Of Robbery and Dacoity
390. Robbery
When theft is robbery
When extortion is robbery
391. Dacoity
392. Punishment for robbery
393. Attempt to commit robbery
394. Voluntarily causing hurt in committing robbery
395. Punishment for dacoity
396. Dacoity with murder
397. Robbery or dacoity, with attempt to cause death or grievous hurt
398. Attempt to commit robbery or dacoity when armed with deadly weapon
399. Making preparation to commit dacoity
400. Punishment for belonging to gang of dacoits
401. Punishment for belonging to gang of thieves
402. Assembling for purpose of committing dacoity
Of Criminal Misappropriation of Property
403. Dishonestly misappropriation of property
404. Dishonestly misappropriation of property possessed by deceased person at the time of his
death
Of Criminal Breach of Trust
405. Criminal breach of trust
406. Punishment for criminal breach of trust
407. Criminal breach of trust by carrier, etc.
408. Criminal breach of trust by clerk or servant
409. Criminal breach of trust by public servant, or by banker, merchant or agent
Of the Receiving of Stolen Property
410. Stolen property
411. Dishonestly receiving stolen property
412. Dishonestly receiving property stolen in the commission of a dacoity
413. Habitually dealing in stolen property
414. Assisting in concealment of stolen property
Of Cheating
415. Cheating
416. Cheating by personation
417. Punishment for cheating
418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is
bound to protect
419. Punishment for cheating by personation
420. Cheating and dishonestly inducing deliver of property
Of Fraudulent Deeds and Dispositions of Property
421. Dishonest or fraudulent removal or concealment of property to prevent distribution among
creditors
422. Dishonestly or fraudulently preventing debt being available for creditors
423. Dishonest or fraudulent execution of deed of transfer containing false statement of
consideration
424. Dishonest or fraudulent removal or concealment of property
Of Mischief
425. Mischief
426. Punishment for mischief
427. Mischief causing damage to the amount of fifty taka
428. Mischief by killing or maiming animal of the value of ten taka
429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty
taka
430. Mischief by injury to works of irrigation or by wrongfully diverting water
431. Mischief by injury to public road, bridge, river or channel
432. Mischief by causing inundation or obstruction to public drainage attended with damage
433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark
434. Mischief of destroying or moving, etc., a land-mark fixed by public authority
435. Mischief by fire or explosive substance with intent to cause damage to amount of one
hundred or (in case of agricultural produce) ten taka
436. Mischief by fire or explosive substance with intent to destroy house, etc.
437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden
438. Punishment for the mischief described in section 437 committed by fire or explosive
substance
439. Punishment for intentionally running vessel aground or ashore with intent to commit theft,
etc.
440. Mischief committed after preparation made for causing death or hurt
Of Criminal Trespass
441. Criminal trespass
442. House-trespass
443. Lurking house-trespass
444. Lurking house trespass by night
445. House-breaking
446. House-breaking by night
447. Punishment for criminal trespass
448. Punishment for house-trespass
449. House-trespass in order to commit offence punishable with death
450. House-trespass in order to commit offence punishable with imprisonment for life
451. House-trespass in order to commit offence punishable with imprisonment
452. House-trespass after preparation for hurt, assault or wrongful restraint
453. Punishment for lurking house-trespass or house-breaking
454. Lurking house-trespass or house-breaking in order to commit offence punishable with
imprisonment
455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful
restraint
456. Punishment for lurking house-trespass or house-breaking by night
457. Lurking house-trespass or house-breaking by night in order to commit offence punishable
with imprisonment
458. Lurking house-trespass or house-breaking by night, after preparation for hurt, assault or
wrongful restraint
459. Grievous hurt caused whilst committing lurking house-trespass or house-breaking
460. All persons jointly concerned in lurking house-trespass or house breaking by night
punishable where death or grievous hurt caused by one of them
461. Dishonestly breaking open receptacle containing property
462. Punishment for same offence when committed by person entrusted with custody
Of the loss of property of Banking Company
462A. Penalty for negligent conduct of bank officers and employees
462B. Penalty for defrauding banking company
CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS

463. Forgery

464. Making a false document

465. Punishment for forgery

466. Forgery of record of Court or of public register, etc.

467. Forgery of valuable security, will, etc.

468. Forgery for purpose of cheating

469. Forgery for purpose of harming reputation

470. Forged document

471. Using as genuine a forged document

472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under
section 467

473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable
otherwise

474. Having possession of document described in section 466 or 467, knowing it to be forged
and intending to use it as genuine
475. Counterfeiting device or mark used for authenticating documents described in section 467,
or possessing counterfeit marked material

476. Counterfeiting device or mark used for authenticating documents other than those described
in section 467, or possessing counterfeit marked material

477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security

477A. Falsification of accounts

Of Trade, Property and Other Marks

478. Trade mark

479. Property mark

480. Using a false trade mark

481. Using a false property mark

482. Punishment for using a false trade mark or property mark

483. Counterfeiting a trade mark or property mark used by another

484. Counterfeiting a mark used by a public servant

485. Making or possession of any instrument for counterfeiting a trade mark or property mark

486. Selling goods marked with a counterfeit trade mark or property mark

487. Making a false mark upon any receptacle containing goods

488. Punishment for making use of any such false mark

489. Tampering with property mark with intent to cause injury

489A. Counterfeiting currency-notes or bank-notes

489B. Using as genuine a forged document

489C. Possession of forged or counterfeit currency-notes or bank-notes

489D. Making or possessing instrument or materials for forging or counterfeiting currency-notes


or bank-notes

489E. Making or using documents resembling currency-notes or bank-notes


CHAPTER XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE
490. [Repealed]
491. Breach of contract to attend on and supply wants of helpless person
492. [Repealed]

CHAPTER XX
OF OFFENCES RELATING TO MARRIAGE
493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
494. Marrying again during lifetime of husband or wife
495. Same offence with concealment of former marriage from person with whom subsequent
marriage is contracted
496. Marriage ceremony fraudulently gone through without lawful marriage
497. Adultery
498. Enticing or taking away or detaining with criminal intent a married woman

CHAPTER XXI
OF DEFAMATION
Imputation of truth which public good requires to be made or published
499. Defamation
Public conduct of public servants
Conduct of any person touching any public question
Publication of reports of proceedings of Courts
Accusation preferred in good faith to authorized person
Caution intended for good of person to whom conveyed or for public good
Merits of case decided in Court, or conduct of witnesses and others concerned
Merits of public performance
Censure passed in good faith by person having lawful authority over another
Imputation made in good faith by person for protection of his or other’s interests
500. Punishment for defamation
501. Printing or engraving matter known to be defamatory
502. Sale of printed or engraved substance containing defamatory matter

CHAPTER XXII
4OF CRIMINAL INTIMIDATION, INSULT, PREJUDICIAL ACT AND ANNOYANCE
503. Criminal intimidation
504. Intentional insult with intent to provoke breach of the peace
505. Statements conducing to public mischief
505A. Prejudicial act by words, etc.
506. Punishment for criminal intimidation
If threat be to cause death or grievous hurt, etc.
507. Criminal intimidation by an anonymous communication
508. Act caused by inducing person to believe that he will be rendered an object of the Divine
displeasure
509. Word, gesture or act intended to insult the modesty of a woman
510. Misconduct in public by a drunken person
CHAPTER XXIII
OF ATTEMPTS TO COMMIT OFFENCES
511. Punishment for attempting to commit offences punishable with imprisonment for life or
imprisonment

The Specific Relief Act, 1877

PART I
PRELIMINARY
1. Short title
Local Extent
Commencement
2. [Repealed]
3. Interpretation-clause
Words defined in Contract Act
4. Savings
5. Specific relief how given
6. Preventive relief
7. Relief not granted to enforce penal law

PART II
OF SPECIFIC RELIEF

CHAPTER I
OF RECOVERING POSSESSION OF PROPERTY

(a) Possession of Immovable Property


8. Recovery of specific immoveable property
9. Suit by person dispossessed of immoveable property
(b) Possession of Moveable Property
10. Recovery of specific moveable property
11. Liability of person in possession, not as owner to deliver to person entitled to immediate possession
CHAPTER II
OF THE SPECIFIC PERFORMANCE OF CONTRACTS

(a) Contracts which may be specifically enforce


12. Cases in which specific performance enforceable
13. Contract of which the subject has partially ceased to exist
14. Specific performance of part of contract where part unperformed is small
15. Specific performance of part of contract where part unperformed is large
16. Specific performance of independent part of contract
17. Bar in other cases of specific performance of part of contract
18. Purchaser's rights against vendor with imperfect title
19. Power to award compensation in certain cases
20. Liquidation of damages not a bar to specific performance

(b) Contracts which cannot be specifically enforced


21.Contracts not specifically enforceable
(C) Of the discretion of the Court.
21A.Unregistered contract for sale not specifically enforceable

(C) Of the discretion of the Court.


22.Discretion as to decreeing specific performance

(d) For whom Contracts may be specifically enforced


23.Who may obtain specific performance

(e) For whom Contracts cannot be specifically enforced


24. Personal bars to the relief
25. Contracts to sell property by one who has no title, or who is a voluntary settler

(f) For whom Contracts can not be specifically enforced, except with a Variation.
26. Non-enforcement except with variation

(g) Against whom contracts may be specifically enforced


27A. Specific performance in case of part performance of contract to lease
27. Relief against parties and persons claiming under them by subsequent title

(h) Against whom Contracts cannot be specifically enforced


28. What parties cannot be compelled to perform

(i) The effect of dismissing a Suit for Specific Performance


29. Bar of suit for breach after dismissal

(j) Awards and Directions to execute Settlements


30. Application of preceding sections to awards and testamentary directions to execute settlements

CHAPTER III
OF THE RECTIFICATION OF INSTRUMENTS
31. When instrument may be rectified
32. Presumption as to intent of parties
33. Principles of rectification
34. Specific enforcement of rectified contract

CHAPTER IV
OF THE RESCISSION OF CONTRACTS
35. When rescission may be adjudged
36. Rescission for mistake
37. Alternative prayer for rescission in suit for specific performance
38. Court may require party rescinding to do equity
CHAPTER V
OF THE CANCELLATION OF INSTRUMENTS
39. When cancellation may be ordered
40. What instruments may be partially cancelled
41. Power to require party for whom instrument is cancelled to make compensation

CHAPTER VI
OF DECLARATORY DECREES
42. Discretion of Court as to declaration of status or right. Bar to such declaration
43. Effect of declaration

CHAPTER VII
OF THE APPOINTMENT OF RECEIVERS
44. Appointment of receivers discretionary. Reference to Code of Civil Procedure.

CHAPTER VIII
[Omitted]

PART III
OF PREVENTIVE RELIEF
CHAPTER IX
OF INJUNCTIONS GENERALLY
52. Preventive relief how granted
53. Temporary injunctions Perpetual injunctions

CHAPTER X
OF PERPETUAL INJUNCTIONS
54. Perpetual injunctions when granted
55. Mandatory injunctions
56. Injunction when refused
57. Injunction to perform negative agreement

The Limitation Act, 1908

1
[An Act to consolidate and amend the law for the Limitation of Suits, and for other purposes.

WHEREAS it is expedient to consolidate and amend the law relating to the limitation of suits, appeals
and certain applications to Courts; and whereas it is also expedient to provide rules for acquiring by
possession the ownership of easements and other property; It is hereby enacted as follows:-

PART I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
PART II
LIMITATION OF SUITS, APPEALS AND APPLICATIONS
3. Dismissal of suits, etc., instituted, etc., after period of limitation
4. Where Court is closed when period expires
5. Extension of period in certain cases
6. Legal disability
7. Disability of one of several plaintiffs or applicants
8. Special exceptions
9. Continuous running of time
10. Suits against express trustees and their representatives
11. Suits on foreign contracts

PART III
COMPUTATION OF PERIOD OF LIMITATION
12. Exclusion of time in legal proceedings
13. Exclusion of time of defendant’s absence from Bangladesh and certain other territories
14. Exclusion of time of proceeding bona fide in Court without jurisdiction
15. Exclusion of time during which proceedings are suspended
16. Exclusion of time during which proceedings to set aside execution-sale are pending
17. Effect of death before right to sue accrues
18. Effect of fraud
19. Effect of acknowledgement in writing
20. Effect of payment on account of debt as of interest on legacy
21. Agent of persons under disability
22. Effect of substituting or adding new plaintiff or defendant
23. Continuing breaches and wrongs
24. Suit for compensation for act not actionable without special damage
25. Computation of time mentioned in instruments

PART IV
ACQUISITION OF OWNERSHIP BY POSSESSION
26. Acquisition of right to easements
27. Exclusion in favour of reversioner of servient tenement.
28. Extinguishment of right to property

PART V
SAVINGS AND REPEALS
30-32. [Repealed]
29. Savings
The Evidence Act, 1872
PART I
RELEVANCY OF FACTS

CHAPTER I
PRELIMINARY
1. Short title
Extent
Commencement of Act
2. [Repealed]
3. Interpretation-clause
4. "May presume"
“Shall presume”
“Conclusive proof”

CHAPTER II
OF THE RELEVANCY OF FACTS
5. Evidence may be given of facts in issue and relevant facts
6. Relevancy of facts forming part of same transaction
7. Facts which are the occasion cause or effect of facts in issue
8. Motive, preparation and previous or subsequent conduct
9. Facts necessary to explain or introduce relevant facts
10. Things said or done by conspirator in reference to common design
11. When facts not otherwise relevant become relevant
12. In suits for damages, facts tending to enable Court to determine amount are relevant
13. Facts relevant when right or custom is in question
14. Facts showing existence of state of mind, or of body, or bodily feeling
15. Facts bearing on question whether act was accidental or intentional
16. Existence of course of business when relevant

CHAPTER II
ADMISSIONS
17. Admission defined
18. Admission -by party to proceeding or his agent;
by suit or in representative character;
by party interested in subject-matter;
by person from whom interest derived
19. Admissions by persons whose position must be proved as against party to suit
20. Admissions by persons expressly referred to by party to suit
21. Proof of admissions, against persons making them, and by or on their behalf
22. When oral admissions as to contents of documents are relevant
22A. When oral admissions as to contents of digital records are relevant
23. Admissions in civil cases when relevant
24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
25. Confession to police-officer not to be proved
26. Confession by accused while in custody of police not to be proved against him
27. How much of information received from accused may be proved
28. Confession made after removal of impression caused by inducement, threat or promise, relevant
29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
30. Consideration of proved confession affecting person making it and others jointly under trial for same
offence
31. Admissions not conclusive proof, but may be stop

CHAPTER II
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
When it relates to cause of death;
or is made in course of business;
or against interest of maker;
or gives opinion as to public right or custom, or matters of general interest;
or relates to existence of relationship;
or is made in will or deed relating to family affairs;
or in document relating to transaction mentioned in section 13, clause (a);
or is made by several persons, and expresses feelings relevant to matter in question
33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein
stated

CHAPTER II
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
34. Entries in books of account [or digital record] when relevant
35. Relevancy of entry in public record [or digital record], made in performance of duty
36. Relevancy of statements in maps, charts [, plans and digital record]
37. Relevancy of statement as to fact of public nature contained in certain Acts or notifications
38. Relevancy of statements as to any law contained in law-books

CHAPTER II
HOW MUCH OF A STATEMENT IS TO BE PROVED
39.What evidence to be given when statement forms part of a conversation, document, [book, digital
record] or series of letters or papers.

CHAPTER II
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
40. Previous judgments relevant to bar a second suit or trial
41. Relevancy of certain judgments in probate, etc., jurisdiction
42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
43. Judgments, etc., other than those mentioned in sections 40 to 42, when relevant
44. Fraud or collusion in obtaining judgment, or in-competency of Court, may be proved
CHAPTER II
OPINIONS OF THIRD PERSONS WHEN RELEVANT
45. Opinion of Experts
45A. Opinion of experts on physical or forensic evidence
46. Facts bearing upon opinions of experts
47. Opinion as to handwriting, when relevant
47A. Opinion as to digital signature where relevant
48. Opinion as to existence of right or custom, when relevant
49. Opinion as to usages, tenets, etc., when relevant
50. Opinion on relationship, when relevant
51. Grounds of opinion, when relevant

CHAPTER II
CHARACTER WHEN RELEVANT
52. In civil cases, character to prove conduct imputed, irrelevant
53. In criminal cases, previous good character relevant
54. Previous bad character not relevant, except in reply
55. Character as affecting damages

PART II
ON PROOF

CHAPTER III
FACTS WHICH NEED NOT BE PROVED
56. Fact judicially noticeable need not be proved
57. Facts of which Court must take judicial notice
58. Facts admitted need not be proved

CHAPTER IV
OF ORAL EVIDENCE
59. Proof of facts by oral evidence
60. Oral evidence must be direct

CHAPTER V
OF DOCUMENTARY EVIDENCE
61. Proof of contents of documents
62. Primary evidence
63. Secondary evidence
64. Proof of documents by primary evidence
65. Cases in which secondary evidence relating to documents may be given
65A. Special provisions as to evidence relating to digital record
65B. Admissibility of Digital Records
66. Rules as to notice to produce
67. Proof of signature and handwriting of person alleged to have signed or written document produced
67A. Proof as to digital signature
68. Proof of execution of document required by law to be attested
69. Proof where no attesting witness found
70. Admission of execution by party to attested document
71. Proof when attesting witness denies the execution
72. Proof of document not required by law to be attested
73. Comparison of signature, writing or seal with others, admitted or proved
73A. Proof as to verification of digital signature
73B. Comparison of physical or forensic evidence with others, admitted or proved

CHAPTER V
PUBLIC DOCUMENTS
74. Public documents
75. Private documents
76. Certified copies of public documents
77. Proof of documents by production of certified copies
78. Proof of other official documents

CHAPTER V
PRESUMPTION AS TO DOCUMENTS
79. Presumption as to genuineness of certified copies
80. Presumption as to documents produced as record of evidence
81. [Omitted]
81A. Presumption as to Gazettes in digital forms
82. Presumption as to document admissible in England without proof of seal or signature
83. Presumption as to maps or plans made by authority of Government
84. Presumption as to collections of laws and reports of decisions
85. Presumption as to powers-of-attorney
85A. Presumption as to agreements in digital forms
85B. Presumption as to digital record and digital signatures
85C. Presumption as to Digital Signature Certificates
86. Presumption as to certified copies of foreign judicial records
87. Presumption as to books, maps and charts
88. Presumption as to telegraphic messages
88A. Presumption as to digital communication
89. Presumption as to due execution, etc., of documents not produced
89A. Presumption as to physical or forensic evidence
90. Presumption as to documents thirty years old
90A. Presumption as to digital records five years old

CHAPTER VI
OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of
document
92. Exclusion of evidence of oral agreement
93. Exclusion of evidence to explain or amend ambiguous document
94. Exclusion of evidence against application of document of existing facts
95. Evidence as to document unmeaning in reference to existing facts
96. Evidence as to application of language which can apply to one only of several persons
97. Evidence as to application of language to one of two sets of facts, to neither of which the whole
correctly applies
98. Evidence as to meaning of illegible characters, etc.
99. Who may give evidence of agreement varying terms of document
100. Saving of provisions of Succession Act relating to wills

PART III
PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER VII
OF THE BURDEN OF PROOF
101. Burden of proof
102. On whom burden of proof lies
103. Burden of proof as to particular fact
104. Burden of proving fact to be proved to make evidence admissible
105. Burden of proving that case of accused comes within exceptions
106. Burden of proving fact especially within knowledge
107. Burden of proving death of person known to have been alive within thirty years
108. Burden of proving that person is alive who has not been heard of for seven years
109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
110. Burden of proof as to ownership
111. Proof of good faith in transactions where one party is in relation of active confidence
112. Birth during marriage conclusive proof of legitimacy
113. [Omitted]
114. Court may presume existence of certain facts

CHAPTER VIII
ESTOPPEL
115. Estoppel
116. Estoppel of tenant; and of licensee of person in possession
117. Estoppel of acceptor of bill of exchange, bailee or licensee

CHAPTER IX
OF WITNESSES
118. Who may testify
119. Dumb witnesses
120. Parties to civil suit, and their wives or husbands Husband or wife of person under criminal trail
121. Judges and Magistrates
122. Communications during marriage
123. Evidence as to affairs of State
124. Official communications
125. Information as to commission of offences
126. Professional communications
127. Section 126 to apply to interpreters, etc.
128. Privilege not waived by volunteering evidence
129. Confidential communications with legal advisers
130. Production of title-deed of witness, not a party
131. Production of documents which another person, having possession, could refuse to produce
132. Witness not excused from answering on ground that answer will criminate
133. Accomplice
134. Number of witnesses

CHAPTER X
OF THE EXAMINATION OF WITNESSES
135. Order of production and examination of witnesses
136. Judge to decide as to admissibility of evidence
137. Examination-in-chief
Cross-examination
Re-examination
138. Order of examinations
Direction of re-examination
139. Cross-examination of person called to produce a document
140. Witnesses to character
141. Leading questions
142. When they must not be asked
143. When they may be asked
144. Evidence as to matters in writing
145. Cross-examination as to previous statements in writing
146. Questions lawful in cross-examination
147. When witness to be compelled to answer
148. Court to decide when question shall be asked and when witness compelled to answer
149. Question not to be asked without reasonable grounds
150. Procedure of Court in case of question being asked without reasonable grounds
151. Indecent and scandalous questions
152. Questions intended to insult or annoy
153. Exclusion of evidence to contradict answers to questions testing veracity
154. Question by party to his own witness
155. Impeaching credit of witness
156. Questions tending to corroborate evidence of relevant fact admissible
157. Former statements of witness may be proved to corroborate later testimony as to same fact
158. What matters may be proved in connection with proved statement relevant under section 32 or 33
159. Refreshing memory
When witness may use copy of document to refresh memory
160. Testimony to facts stated in document mentioned in section 159
161. Right of adverse party as to writing used to refresh memory
162. Production of documents
Translation of documents
163. Giving, as evidence, of document called for and produced on notice
164. Using, as evidence, of document production of which was refused on notice
165. Judge’s power to put questions or order production
166. Power of jury or assessors to put questions
CHAPTER XI
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
167. No new trial for improper admission or rejection of evidence

1
The Transfer of Property Act, 1882
CHAPTER I
PRELIMINARY
1. Short title
Commencement
Extent
2. Repeal of Acts Saving of certain enactments, incidents, rights, liabilities, etc.
3. Interpretation-clause
4. Enactments relating to contracts to be taken as part of contract Act

CHAPTER II
OF TRANSFERS OF PROPERTY BY ACT OF PARTIES

(A) Transfer of Property, whether moveable or immoveable

5. “Transfer of property” defined


6. What may be transferred
7. Persons competent to transfer
8. Operation of transfer
9. Oral transfer
10. Condition restraining alienation
11. Restriction repugnant to interest created
12. Condition making interest determinable on insolvency or attempted alienation
13. Transfer for benefit of unborn person
14. Rule against perpetuity
15. Transfer to class some of whom come under sections 13 and 14
16. Transfer to take effect on failure of prior interest
17. Direction for accumulation
18. Transfer in perpetuity for benefit of public
19. Vested interest
20. When unborn person acquires vested interest on transfer for his benefit
21. Contingent interest
22. Transfer to members of a class who attain a particular age
23. Transfer contingent on happening of specified uncertain event
24. Transfer to such of certain persons as survive at some period not specified
25. Conditional transfer
26. Fulfilment of condition precedent
27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition
28. Ulterior transfer conditional on happening or not happening of specified event
29. Fulfilment of condition subsequent
30. Prior disposition not affected by invalidity of ulterior disposition
31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does
not happen
32. Such condition must not be invalid
33. Transfer conditional on performance of act, no time being specified for performance
34. Transfer conditional on performance of act, time being specified
Election
35. Election when necessary
Apportionment
36. Apportionment of periodical payments on determination of interest of person entitled
37. Apportionment of benefit of obligation on severance

(B) Transfer of Immoveable Property

38. Transfer by person authorised only under certain circumstances to transfer


39. Transfer where third person is entitled to maintenance
40. Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but
not amounting to interest or easement
41. Transfer by ostensible owner
42. Transfer by person having authority to revoke former transfer
43. Transfer by unauthorised person who subsequently acquires interest in property transferred
44. Transfer by one co- owner
45. Joint transfer for consideration
46. Transfer for consideration by persons having distinct interests
47. Transfer by co-owners of share in common property
48. Priority of rights created by transfer
49. Transferee’s right under policy
50. Rent bona fide paid to holder under defective title
51. Improvements made by bona fide holders under defective titles
52. Transfer of property pending suit relating thereto
53B. Immoveable Property under a contract for sale not to be transferred
53C. Immoveable Property without Khatian not to be sold
53D. Immoveable Property under mortgage not to be transferred
53E. Instrument of transfer to be supported by affidavit
53. Fraudulent transfer
53A. Part performance

CHAPTER III
OF SALES OF IMMOVEABLE PROPERTY
54. “Sale” defined
Sale how made
Contract for sale
54A. Contract for sale to be registered, etc.
55. Rights and liabilities of buyer and seller
56. Marshalling by subsequent purchaser
Discharge of Incumbrances on Sale
57. Provision by Court for incumbrance and sale freed therefrom
CHAPTER IV
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES

58.“Mortgage,” “mortgagor,” “mortgagee,” “mortgage-money” and “mortgage-deed”defined


Simple mortgage
Mortgage by conditional sale
Usufructuary mortgage
English mortgage
Mortgage by deposit of title-deeds
Anomalous mortgage
59. Mortgage when to be by assurance
59A. References to mortgagors and mortgagees to include persons deriving title from them
Rights and Liabilities of Mortgagor
60. Right of mortgagor to redeem.
Redemption of portion of mortgaged property
60A. Obligation to transfer to third party instead of re-transference to mortgagor
60B. Right to inspection and production of documents
61. Right to redeem separately or simultaneously
62. Right of usufructuary mortgagor to recover possession
63. Accession to mortgaged property
Accession acquired in virtue of transferred ownership
63A. Improvements to mortgaged property
64. Renewal of mortgaged lease
65. Implied contracts by mortgagor
65A. Mortgagor’s power to lease
66. Waste by mortgagor in possession
Rights and Liabilities of Mortgagee
67. Right to foreclosure or sale
67A. Mortgagee when bound to bring one suit on several mortgages
68. Right to sue for mortgage-money
69. Power of sale when valid
69A. Appointment of receiver
70. Accession to mortgaged property
71. Renewal of mortgaged lease
72. Rights of mortgagee in possession
73. Right to proceeds of revenue sale or compensation on acquisition
74. [Repealed]
75. [Repealed]
76. Liabilities of mortgagee in possession
Loss occasioned by his default
77. Receipts in lieu of interest
Priority
78. Postponement of prior mortgagee
79. Mortgage to secure uncertain amount when maximum is expressed
80. [Repealed]
Marshalling and Contribution
81. Marshalling securities
82. Contribution to mortgage-debt
Deposit in Court
83. Power to deposit in Court money due on mortgage
84. Cessation of interest
85. [Repealed]
86. [Repealed]
87. [Repealed]
88. [Repealed]
89. [Repealed]
90. [Repealed]
Redemption
91. Person who may sue for redemption
92. Subrogation
93. Prohibition of tacking
94. Rights of mesne mortgagee
95. Right of redeeming co-mortgagor to expenses
96. Mortgage by deposit of title-deeds
97. [Repealed]
Anomalous Mortgages
98. Rights and liabilities of parties to anomalous mortgages
99. [Repealed]
Charges
100. Charges
101. No merger in case of subsequent encumbrance
Notice and Tender
102. Service or tender on or to agent
103. Notice, etc., to or by person incompetent to contract
104. Power to make rules

CHAPTER V
OF LEASES OF IMMOVEABLE PROPERTY
105. “Lease” defined
"Lessor", "lessee", "premium" and "rent" defined
106. Duration of certain leases in absence of written contract or local usage
107. Leases how made
108. Rights and liabilities of lessor and lessee
109. Rights of lessor’s transferee
110. Exclusion of day on which term commences
Duration of lease for a year
Option to determine lease
111. Determination of lease
112. Waiver of forfeiture
113. Waiver of notice to quit
114. Relief against forfeiture for non-payment of rent
114A. Relief against forfeiture in certain other cases
115. Effect of surrender and forfeiture on under-leases
116. Effect of holding over
117. Exemption of leases for agricultural purposes
CHAPTER VI
OF EXCHANGES
118. “Exchange” defined
119. Right of party deprived of thing received in exchange
120. Rights and liabilities of parties
121. Exchange of money

CHAPTER VII
OF GIFTS
122. “Gift” defined
Acceptance when to be made
123. Transfer how effected
124. Gift of existing and future property
125. Gift to several of whom one does not accept
126. When gift may be suspended or revoked
127. Onerous gifts. Onerous gift to disqualified person.
Onerous gift to disqualified person
128. Universal donee
129. Saving of donations mortis causa and Muhammadan law

CHAPTER VIII
OF TRANSFERS OF ACTIONABLE CLAIMS
130. Transfer of actionable claim
130A. Transfer of policy of marine insurance
131. Notice to be in writing, signed
132. Liability of transferee of actionable claim
133. Warranty of solvency of debtor
134. Mortgaged debt
135. Assignment of rights under policy of insurance against fire
135A. Assignment of rights under policy of marine insurance
136. Incapacity of officers connected with Courts of Justice
137. Saving of negotiable instruments, etc.

State Acquisition & Tenancy Act-1850

PART I
CHAPTER I
PRELIMINARY
1. Short title and extent
2. Definitions
2A. Exemption

PART II
CHAPTER II
SPECIAL PROVISIONS FOR THE ACQUISITION OF THE INTERESTS OF CERTAIN RENT-RECEIVERS
3. Acquisition of the interest of certain rent-receivers and consequences thereof
3A. Service of notice for furnishing return before notification
4. Service of notice to furnish returns, etc. and penalty for non-compliance
5. Determination of rent khas lands of rent-receivers
6. Ad interim payment
6A. Ad interim payment of respect of trust properties
7. Appeal
8. Payment and recovery of fines imposed under this Chapter
9-9D. [Omitted.]
10. Exemption of ad interim payments from attachments
10A. Special provisions regarding certain rent receiving interests held under wakf, wakf-al-al-aulad,
debutter or other religious trust

PART III
CHAPTER III
SPECIAL PROVISIONS REGARDING LANDS HELD IN LIEU OF SERVICE.
11. Acquisition of occupancy rights
12. Removal of the homestead of a tenant in certain cases
13. Restoration of agricultural land in certain cases
14. Appeal
15. Miscellaneous
16. Saving as to certain lands

PART IV
CHAPTER IV
PREPARATION OF RECORD-OF-RIGHTS
17. Preparation of record-of-rights
18. Particulars to be recorded in the record-of-rights
19. Draft and final publication of the record-of-rights
20. Lands to be retained in the possession of rent-receivers, cultivating raiyats, cultivating under-raiyats
and non-agricultural tenants
21. Payment of rent for land retained in possession
22. All lands to be liable to fair and equitable rent determined under this Chapter
23. Determination of fair and equitable rents of khas lands
24. Determination of fair and equitable rents of raiyats and under-raiyats
25. Determination of fair and equitable rents of non-agricultural tenants
25A. Enhancement and assessment of rent in certain cases
26. Assessment of rent for rent-free land
27. Creation of separate holdings or tenancies in certain cases
28. Assessment of rents of service tenancies
29. Effect of rents settled under this Chapter
30. Bar to jurisdiction of Civil Court
31. Preparation of Compensation Assessment roll on the basis of the existing-record-of-rights
CHAPTER V
ASSESSMENT OF COMPENSATION AND ACQUISITION OF INTERESTS OF RENT-RECEIVERS AND OF
CERTAIN OTHER INTERESTS
32. Interpretation
33. Order for the preparation of a compensation Assessment-roll
34. Separate treatment of proprietors, tenure-holders and other rent-receivers in assessment and
payment of compensation
35. Calculation of gross assets and net income of rent-receivers
36. Net income of a recusant proprietor
36A. Net income of a recipient of Sair Compensation allowance
37. Rates of compensation for rent-receiving interests
38. Preparation of Compensation Assessment-roll in respect of a rent-receiver having interests in more
than one area
39. Rates of compensation for khas lands
40. Preliminary publication of Compensation Assessment-roll
41. Appeal to superior Revenue Authority
42. Final publication of the Compensation Assessment-roll
43. Certificate and presumption as to final publication of Compensation Assessment-roll
44. Acquisition and vetting of the interest of proprietors, tenure-holders and other rent-receivers and of
certain khas lands in the Government and the consequences thereof
45. Proclamation by the Revenue-officer
46. Printing and distribution of record-of-rights

CHAPTER VA
SPECIAL PROVISIONS FOR PREPARATION OF COMPENSATION ASSESSMENT-ROLLS IN RESPECT OF
PROPERTIES ACQUIRED UNDER CHAPTER II
46A. Preparation of Compensation Assessment-roll in special cases
46B. Bar to jurisdiction of Civil Court
46C. Application of the provisions of sections 34 to 43 in the preparation of Compensation Assessment-
roll under Chapter VA
46D. Net income of a recusant proprietor under Chapter VA
46E. Consequences of final publication of Compensation Assessment-roll under Chapter VA

1
CHAPTER VI
AUTHORITIES FOR THE PREPARATION OF COMPENSATION ASSESSMENT-ROLL
47. Revenue and Judicial authorities
48. Appointments and powers

CHAPTER VII
REVISION OF THE COMPENSATION ASSESSMENT-ROLL AND THE DECISION OF DISPUTES WITH REGARD
TO COMPENSATION
49. Revision of Compensation Assessment-roll
50. Correction by Revenue-Officers of bona fide mistakes
51. Appeal to the Special Judge
52. Statement of case by Special Judge to the High Court
53. Appeal to the Special Judge
54.Correction of the Compensation Assessment-roll
55.Application of the Civil Procedure Code to appeals before and inquiries by a Special Judge
56.Bar to raising of certain issues

CHAPTER VIII
PAYMENT OF COMPENSATION
57. Limits of and amount payable as compensation
58. Manner of payment of compensation
59. Money or bonds deposited in respect of estates, tenures, holdings or lands belonging to persons
incompetent to alienate
60. Dispute as to title or apportionment
60A. Certain sections not applicable to future acquisition

CHAPTER IX
PROVISIONS RELATING TO ARREARS OF REVENUE, RENT AND CESSES
61. Definition of arrears
62. Payment and realisation of arrears
63. Provision regarding Pending suits and proceedings
64. Realisation of arrears in respect of lands held by tenants under Government
65. Sale of lands held by tenants under Government for arrears
66. Power to grant instalments and stay execution
67. Payment to outgoing rent-receivers
68. Computation of the period of limitation

CHAPTER IXA
2

SPECIAL PROVISIONS RELATING TO ARREARS OF RENT


68A. Application of this Chapter
68B. Transitory Provisions in respect of pending cases before the Certificate Officer
68C. Arrears of rent and cesses due to a rent-receiver and decrees for such arrears
68D. Option to have arrears collected Government on certain conditions
68E. Computation of the period of limitation

CHAPTER X
PROVISIONS RELATING TO INDEBTED RENT-RECEIVERS
69. Bar to execution of certain decrees and orders for the recovery of certain debts of rent-receivers
70. Scaling down of debts and recovery thereof
71. Government to authorise Revenue-officer to take action under section 70

CHAPTER XI
MISCELLANEOUS
72. Bar to jurisdiction of Civil Courts in certain matters
73. Power to enter upon land, to make survey, etc.
74. Power to compel production of statements and documents
75. Power to enforce attendance of witnesses and production of documents
75A. Prohibition of subletting
75B. Fees for application for enquiry
76. Settlement and use of land vested in the Government
76A. Creation of separate estate and apportionment of revenue
76B. Recovery of advance rent or bid money realised by outgoing rent-receivers
77. Protection of action taken under this Act
77A. Delegation of the powers of the Government
78. Power to make rules

PART V
CHAPTER XII
APPLICATION OF THIS PART AND CLASS OF AGRICULTURAL TENANTS
79. Commencement of this Part
80. Repeal
81. Class of agricultural tenants and regulation of their rights and liabilities
81A. Rights and liabilities of non-agricultural tenants
81B. Registration of lease deed
82. Interpretation

CHAPTER XIII
INCIDENTS OF HOLDINGS OF RAIYATS, AND TRANSFER, PURCHASE AND ACQUISITION OF LANDS
83. Rights of raiyat in respect of use of land
84. Devolution of holding on the death of a raiyat
85. Ground for eviction of raiyats
86. Abatement of rent on account of diluvion and determination of right in land re-appeared on account
of alluvion
86A. Bar on suits, etc, for certain period
87. Rights in land gained by accession from recess of river or sea
88. Transferability of holding of raiyats
89. Manner of transfer
90. Limitation of transfer of holding
91. Power of acquiring excess land devolved by inheritance
92. Extinguishment of interest of raiyats in certain cases
93. Restrictions on subletting
94. Transfer of encumbrances in certain cases
95. Limitation on mortgage of raiyat holdings
95A. Treatment of certain transaction as usufructuary mortgage
96. Right of pre-emption
97. Restriction on alienation of land by aboriginals

CHAPTER XIV
3PROVISIONS AS TO ASSESSMENT, ENHANCEMENT AND REDUCTION OF RENT
98. Revision of rents or raiyats and non-agricultural tenants
98A. Assessment or re-assessment of rent in certain cases
99. Order for determination of rent-rates and preparation of settlement rent-roll
100. Procedure in determining rent-rates
101. Preliminary and final publication of table of rent-rates and its confirmation by the prescribed
superior Revenue Authority
102. Rate shown in the table to be the maximum rate
103. Particulars to form parts of record-of-rights
104. Duration of rent-rates
105. Grounds of and limits to enhancement of rent
106. Grounds for reduction of rent
106A. Grounds for reduction of rent
107. Settlement of fair and equitable rents
108. Preliminary publication and amendment of settlement rent-roll
109. Sanctioning final public of the settlement rent-roll and in corporation of the same in the record-of-
rights
110. Appeal to and revision by superior Revenue Authority
111. Appeal to the Special Judge
111A. Correction of Mistakes and making alteration in rent-roll
112. Presumption to rents settled under this Chapter
113. Date from which settlement takes effect
114. Period for which rent as settled is to remain unaltered
115. Bar to jurisdiction of Civil Court

CHAPTER XV
AMALGAMATION, SUBDIVISION AND CONSOLIDATION OF HOLDINGS
116. Amalgamation of holdings of a tenant in the same village
117. Subdivision of holding and restrictions thereon
118. [Omitted.]
119. Persons entitled to apply for consolidation of holding
120. Admission of application
121. Confirmation of agreed schemes for consolidation
122. Preparation of a scheme for consolidation and appointment of Advisory Committee
123. Draft publication of the scheme and hearing of objections
124. Appeals
125. Final confirmation of the scheme
126. Modification of the village record-of-rights on confirmation of the scheme and the date from which
the scheme takes effect
127. Demarcation of the boundaries of holdings
128. Effect of final confirmation of scheme for consolidation and the rights of raiyats thereunder
129. Encumbrances on land included in the scheme for consolidation
130. No instrument necessary to effect transfer
131. Transfer of holding during the pendency of the proceedings for consolidation
132. Recovery of the cost of consolidation proceedings
133. Recovery of compensation as arrears of public demand
134. Bar to jurisdiction of Civil Courts
134A. Special provision for the district of Dinajpur

CHAPTER XVI
PROVISIONS AS TO RENT AND REALISATION OF RENT
135. Instalment of rent
136. Time and place for payment of rent
137. Appropriation of payments
138. Raiyat making payment of his rent entitled to a receipt
139. Liability of holding to sale for arrears
140. Interest on arrears
141. Realisation of arrears of rent under the Bengal Public Demands Recovery Act, 1913
141A. Amounts paid into court to prevent Sale to be a mortgage demand in certain cases
142. Limitation

CHAPTER XVII
MAINTENANCE AND REVISION OF THE RECORD-OF-RIGHTS
143. Maintenance of the record-of-rights
143A. [Omitted.]
143B. Correction of the Record-of Rights upon inheritance
143C. Procedure for Correction of the Record-of-Rights
144. Revision of the record-of-rights
144A. Presumption as to correctness of record of rights
144B. Bar to jurisdiction of civil court
145. Recovery of the cost of revision of record-of-rights

4
CHAPTER XVIIA
LAND SURVEY TRIBUNAL AND LAND SURVEY APPELLATE TRIBUNAL
145A. Land Survey Tribunal
145B. Land Survey Appellate Tribunal
145C. [Omitted]
145D. Powers and procedure of Tribunals
145E. Finality of Tribunals decisions and orders
145F. Bar to jurisdiction of Civil Courts
145G. Power to abolish Tribunals, etc.
145H. Overriding effect
145I. Rule making power

CHAPTER XVIII
JURISDICTION, APPEAL, REVISION AND REVIEW
146. Superintendence and control over Revenue-officers
147. Appeals
148. Limitation for appeals
149. Revision
150. Review by Revenue-officer
151. Computation of the period of limitation for appeals, applications for revision and review under this
Act

5
CHAPTER XVIIIA
SPECIAL PROVISIONS FOR EXEMPTION OF RENT
151A. Exemption of rent in respect of certain land
151B. Re-assessment of rent on land exempted from payment thereof under section 151A

6
CHAPTER XVIIIB
SPECIAL PROVISIONS FOR EXEMPTION OF LAND REVENUE IN RELATION TO AGRICULTURAL LAND
151C. Exemption of land revenue in respect of agricultural land in certain cases
151D. Compulsory filing of statements by heads of families holding more than twenty-five bighas of
agricultural land
151E. Penalty for non-submission of statements or wilful supression of land
151F. Liability of exempted holdings for re-assessment in certain cases
151G. Compulsory submission of statement by head of the family acquiring land in certain cases
151H. Penalty for non-submission of statement or wilful suppression of land
151I. Exemption from payment of land revenue in case of decrease in area
151J. Definition of family and head of family

CHAPTER XIX
RULES
152. Power to make rules

The Non-Agricultural Tenancy Act, 1949 (East Bengal Act)

CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions

CHAPTER II
CLASSES OF NON-AGRICULTURAL TENANTS
3. Classes of non-agricultural tenants
4. Purposes for which non-agricultural tenant may hold non-agricultural land
5. Tenancies held by a non-agricultural tenant

CHAPTER III
TENANTS
6. Manner of use of non-agricultural lands
7. Incidents of certain tenancies
8. Renewals of lease of tenancies held for not less than twelve years and succession to, and transfer of,
such tenancies
9A. Computation of the period of possession
9. Incidents of non-agricultural tenancies held for less than twelve years
10. Special provisions applicable to tenancies for specific religious purposes
11. [Omitted.]
12. [Omitted.]
13. [Omitted.]
14. [Omitted.]
15. [Omitted.]

CHAPTER IV
UNDER-TENANTS
16. Application of Chapter
17. [Omitted.]
18. [Omitted.]
19. [Omitted.]
20. Ejectment of an under-tenant
21. Other incidents of tenancies of under-tenants
22. Special incidents of a permanent tenancy of an under-tenant

CHAPTER V
PROVISIONS AS TO TRANSFER OF NON-AGRICULTURAL LAND
23. Manner of transfer of non-agricultural land and notices to landlords
24. Power of the co-sharer or the immediate landlord of transferor to purchase
25. Saving as to statements in instruments of transfer where landlord is not a party
26. Interpretation
26A. Bar to sub-let

CHAPTER VI
RECORD-OF-RIGHTS AND SETTLEMENT OF RENTS
[Omitted.]

CHAPTER VII
GENERAL PROVISIONS AS TO RENT OF NON-AGRICULTURAL TENANCIES PAYMENT OF RENT
[Omitted]

CHAPTER VIII
IMPROVEMENTS
64. Definition of “improvement”
65. Rights to make improvements
66. Collector to decide question as to right to make improvement, etc.
67.[Omitted]
68. Application to record evidence as to improvement

CHAPTER IX
OTHER INCIDENTS OF NON-AGRICULTURAL TENANCIES
69. [Omitted.]
70. No ejectment except in execution of decree
71. Application of the Transfer of Property Act, 1882, or other law

CHAPTER X
CONVERSION OF AGRICULTURAL LANDS INTO NON-AGRICULTURAL TENANCIES
72. [Omitted.]

CHAPTER XI
JUDICIAL PROCEDURE
73. [Omitted.]
74. [Omitted.]
75. Relief against forfeitures in certain cases
76. [Omitted.]
77. Delivery of possession of land sold for arrears of rent which has any structure erected on it by a non-
agricultural tenant
78. [Omitted.]
79. [Omitted.]
80. [Omitted.]
81. [Omitted.]
82. [Omitted.]
83. [Omitted.]
84. [Omitted.]
CHAPTER XII
MISCELLANEOUS
85A. Appeal
85. Bar to application of Act to certain lands and to certain cases
86. Certain contracts not to affect the provisions of the Act
87. Jurisdiction in proceedings under this Act
88. Application of the provisions of the Act to all pending suits, appeals and proceedings and unexecuted
decrees, for ejectment
89. [Omitted.]
89A. [Omitted.]
90. [Omitted.]
91. Rules

The Civil Courts Act, 1887

CHAPTER I
PRELIMINARY
Title, extent and commencement
1. (1) This Act may be called the [* * *] Civil Courts Act.
2

(2) It extends to Bangladesh except such portions [thereof] as for the time being are not subject to the
3

ordinary civil jurisdiction of the High Court Division [* * *]; and


4

(3) It shall come into force on the first day of July, 1887.
[Repealed]
2. (1) [Repealed by the Amendment Act, 1891 (Act No. XII of 1891)].
5

(2) [Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section
3 and 2nd Schedule.]
(3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, [or East Bengal Civil Court
Act] or to any enactment thereby repealed, shall be construed to refer to this Act or to the
corresponding portion thereof.
CHAPTER II
CONSTITUTION OF CIVIL COURTS
Classes of Civil Courts

6
[3. There shall be following classes of Civil Courts, namely:-
(a) the Court of the District Judge;
(b) the Court of the Additional District Judge;
(c) the Court of the Joint District Judge;
(d) the Court of the Senior Assistant Judge; and
(e) the Court of the Assistant Judge.]
Number of Judges
7
[4. The Government may alter the number of District Judges, Additional District Judges, Joint District
Judges, Senior Assistant Judges and Assistant Judges now fixed.]
[Repealed]
5. [Repealed by the Decentralization Act, 1914 (Act No. IV of 1914).]
Vacancies among District or Joint District Judges
6. (1) Whenever the office of District Judge or [Joint District] Judge is vacant by reason of the death,
8

resignation or removal of the Judge or other cause, or whenever an increase in the number of District
or [Joint District] Judges has been made under the provisions of section 4, the Government or, as the
9

case
may be, the High Court Division may fill up the vacancy or appoint the Additional District Judges
or [Joint District] Judges.
10

(2) Nothing in this section shall be construed to prevent a Government from appointing a District Judge
or [Joint District] Judge to discharge, for such period as it thinks fit, in addition to the functions
11

devolving on him as such District Judge or [Joint District] Judge, all or any of the functions of another
12

District Judge or [Joint District] Judge, as the case may be.


13

[Omitted]
7. [Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.]
Additional District Judges
8.(1) When the business pending before any District Judge requires the aid of [Additional District]
14

Judges for its speedy disposal, the Government may, having consulted the High Court Division, appoint
such [Additional District] Judges as may be requisite.
15

(2) [Additional District] Judges so appointed shall discharge any of the functions of a District Judge
16

which the District Judge may assign to them, and, in the discharge of those functions, they shall exercise
the same powers as the District Judge.
Administrative control of Courts
9. Subject to the superintendence of the High Court Division, the District Judge shall have administrative
control over all the Civil Courts under this Act within the local limits of his jurisdiction.
Temporary charge of District Court
10. (1) In the event of the death, resignation or removal of the District Judge, or of his being
incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place
at which his Court is held, the [Additional District] Judges, or, if an [Additional District] Judge is not
17 18

present at that place, the senior [Joint District] Judge present thereat, shall, without relinquishing his
19

ordinary duties, assume charge of the office of the District Judge, and shall continue in charge thereof
until the office is resumed by the District Judge or assumed by an officer appointed thereto.
(2) While in charge of the office of the District Judge, the [Additional District] Judge or [Joint District]
20 21

Judge, as the case may be, may, subject to any rules which the High Court Division may make in this
behalf, exercise any of the powers of the District Judge.
Transfer of proceedings on vacation of office of Joint District Judge
11. (1) In the event of the death, resignation or removal of a [Joint District] Judge, or of his being
22

incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place
at which his Court is held, the District Judge may transfer all or any of the proceedings pending in the
Court of the [Joint District] Judge either to his own Court or to any Court under his administrative
23

control competent to dispose of them.


(2) Proceedings transferred under sub-section (1) shall be disposed of as if they had been instituted in
the Court to which they are so transferred:
(3) Provided that the District Judge may re-transfer to the Court of the [Joint District] Judge or his
24

successor any proceedings transferred under sub-section (1) to his own or any other Court.
(4) For the purposes of proceedings which are not pending in the Court of the [Joint District] Judge on
25

the occurrence of an event referred to in sub-section (1), and with respect to which that Court has
exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.
[Omitted]
12. [Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.]
Power to fix local limits of jurisdiction of Courts
13. (1) The Government may, by notification in the official Gazette, fix and alter the local limits of the
jurisdiction of any Civil Court under this Act.
(2) If the same local jurisdiction is assigned to two or more [Joint District] Judges or to two or
26

more [Senior Assistant Judges or Assistant Judges], the District Judge may assign to each of them such
27

civil business cognizable by the [Joint District] Judge or [Senior Assistant Judge or Assistant Judge], as
28 29

the case may be, as, subject to any general or special orders of the High Court Division, he thinks fit.
(3) When civil business arising in any local area is assigned by the District Judge under sub-section (2) to
one of two or more [Joint District] Judges or to one of two or more [Senior Assistant Judges or
30 31

Assistant Judges], a decree or order passed by the [Joint District] Judge or [Senior Assistant Judge or
32 33

Assistant Judge] shall not be invalid by reason only of the case in which it was made having arisen wholly
or in part in a place beyond the local area if that place is within the local limits fixed by the Government
under sub-section (I).
(4) A Judge of a Court of Small Causes appointed to be also a [Joint District Judge or Senior Assistant
34

Judge or Assistant Judge is a Joint District Judge or Senior Assistant Judge or Assistant Judge], as the case
may be, within the meaning of this section.
(5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have
been fixed under this section.
Place of sitting of Courts
14. (1) The Government may, by notification in the official Gazette, fix and alter the place or places at
which any Civil Court under this Act is to be held.
(2) All places at which any such Courts are now held shall be deemed to have been fixed under this
section.
Vacations of Courts
15. (1) Subject to such orders as may be made by the Government the High Court Division shall prepare
a list of days to be observed in each year as closed holidays in the Civil Courts.
(2) The list shall be published in the official Gazette.
(3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason only of
its having been done on that day.
Seals of Courts
16. Every Civil Court under this Act shall use a seal of such form and dimensions as are prescribed by the
Government.
Continuance of proceedings of Courts ceasing to have jurisdiction
17. (1) Where any Civil Court under this Act has from any cause ceased to have jurisdiction with respect
to any case, any proceedings in relation to that case which, if that Court had not ceased to have
jurisdiction, might have been had therein may be had in the Court to which the business of the former
Court has been transferred.
(2) Nothing in this section applies to cases for which provision is made in sections 36, 37 and 114 of, and
rule 1 of Order XLVII in Schedule I to the Code of Civil Procedure, 1908, or in any other enactment for
the time being in force.
CHAPTER III
ORDINARY JURISDICTION
Extent of original jurisdiction of District or Joint District Judge

18. Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District
Judge or [Joint District] Judge extends, subject to the provisions of section 15 of the Code of Civil
35

Procedure, 1908 to all original suits for the time being cognizable by Civil Courts.

Extent of jurisdiction of Senior Assistant Judge, etc.

[19. (1) Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a
36

Senior Assistant Judge and an Assistant Judge shall extend to all suits of which the value does not exceed
25 (twenty five) lac Taka and 15 (fifteen) lac Taka respectively.

(2) The District Judge shall transfer the suit or proceeding pending before the Joint District Judge Court
or the Senior Assistant Judge Court to the competent court within 90 (ninety) days from the date of
enforcement of the Civil Courts (Amendment) Act, 2021.

(3) If any suit or proceeding is transferred under sub-section (2), the suit or proceeding shall start from
the stage at which it was transferred.]

[Appeal from District and Additional District Judges]


37

20. (1) Save as otherwise provided by any enactment for the time being in force, an appeal from a
decree or order of a District Judge or [Additional District] Judge shall lie to the High Court Division.
38

(2) An appeal shall not lie to the High Court Division from a decree or order of an [Additional District]
39

Judge in any case in which, if the decree or order had been made by the District Judge, an appeal would
not lie to that Court.

[Appeal from Joint District Judge, etc.]


40

21. [(1) Save as aforesaid, an appeal from a decree or order of a Joint District Judge shall lie-
41

(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of
which the decree or order was made did not exceed 5 (five) crore Taka; and

(b) to the High Court Division in any other case.

(1A) No appeal or proceeding pending before the High Court Division shall be transferred to the District
Judge only because of the enhancement of pecuniary jurisdiction of a District Judge by the Civil Courts
(Amendment) Act, 2021.]

(2) Save as aforesaid, an appeal from a decree or order of a [Senior Assistant Judge or an Assistant
42

Judge] shall lie to the District Judge.


(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or
sub-section (2) has been assigned to an [Additional District] Judge, the appeals may be preferred to
43

the [Additional District] Judge.


44

(4) The High Court Division may, with the previous sanction of the Government, direct, by notification in
the official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the
decrees or orders of any [Senior Assistant Judge or an Assistant Judge], shall be preferred to the Court
45

of such [Joint District] Judge as may be mentioned in the notification, and the appeals shall thereupon
46

be preferred accordingly.

CHAPTER IV
SPECIAL JURISDICTION
[Power of District Judge to transfer appeals]
47

22.(1) A District Judge may transfer to any [Joint District] Judge under his administrative control any
48

appeals 22.(1) A District Judge may transfer to any [Joint District] Judge under his administrative control
49

any appeals pending before him from the decrees or orders of [Senior Assistant Judges or Assistant
Judges].(2) The District Judge may withdraw any appeal so transferred, and either hear and depose of it
himself or transfer it to a Court under his administrative control competent to dispose of it.
(3) Appeals transferred under this section shall be disposed of subject to the rules applicable to like
appeals when disposed of by the District Judge.
Exercise by Joint District Judge or Senior Assistant Judge or Assistant Judge of Jurisdiction of District
Court in certain proceedings
23.(1) The High Court Division may, by general or special order, authorise any [Joint District] Judge
50

or [Senior Assistant Judge or Assistant Judge] to take cognizance of, or any District Judge to transfer to
51

a [Joint District] Judge or [Senior Assistant Judge or Assistant Judge] under his administrative control,
52 53

any of the proceedings next hereinafter mentioned or any class of those proceedings specified in the
order.
(2) The proceedings referred to in sub-section (1) are the following, namely:-
(a) Proceedings under the Bengal Wills and Intestacy Regulation, 1799;
(b)-(c) [Repealed by the Guardians and Wards Act, 1890 (Act VIII of 1890).]
(d) Proceedings under the Succession Act, 1925, which cannot be disposed of by District Delegates; and
[* * *]. (3) The District Judge may withdraw any such proceedings taken cognizance of by, or
54

transferred to, a [Joint District] Judge or [Senior Assistant Judge or Assistant Judge], and may either
55 56

himself dispose of them or transfer them to a Court under his administrative control competent to
dispose of them.
Disposal of proceedings referred to in last foregoing section
24. (1) Proceedings taken cognizance of by, or transferred to, a [Joint District] Judge or [Senior
57 58

Assistant Judge or Assistant Judge], as the case may be, under the last foregoing section shall be
disposed of by him subject to the rules applicable to like proceedings when disposed of by the District
Judge:
Provided that an appeal from an order of a [Senior Assistant Judge or Assistant Judge] in any such
59

proceeding shall lie to the District Judge.


(2) An appeal from the order of the District Judge on the Appeal from the order of the [Senior Assistant
60

Judge or Assistant Judge] under this section shall lie to the High Court Division if a further appeal from
the order of the District Judge is allowed by the law for the time being in force.
Reference of Judges in other laws
[25A. Where in any other law for the time being inforce any reference is made to Additional Judge, or
61

Subordinate Judge, or Assistant Judge, the reference shall be construed respectively as to Additional
District Judge, or Joint District Judge, or Senior Assistant Judge or Assistant Judge as the case may be.]
Power to invest Joint District Judges and [Senior Assistant Judges or Assistant Judges with Small
62

Cause Court jurisdiction]


25. The Government may, by notification in the official Gazette, confer, within such local limits as it
thinks fit, upon any [Joint District] Judge or [Senior Assistant Judge or Assistant Judge] the jurisdiction
63 64

of a Judge of a Court of Small Causes under the [* * *] Small Cause Courts Act, 1887, for the trail of
65

suits, cognizable by such Courts, up to such value not exceeding [twenty thousand Taka in the case of
66

a [Joint District] Judge or ten thousand Taka in the case of [a Senior Assistant Judge or six thousand
67 68

Taka in the case of an Assistant Judge]] as it thinks fit, and may withdraw any jurisdiction so conferred:
Provided that the Government may, by notification in the official Gazette, delegate to the High Court
Division its powers under this section.
[Omitted]
26-35. [Omitted by the 1st Schedule of the Government of India (Adaptation of Indian Laws) Order,
1937.]

CHAPTER VII
SUPPLEMENTAL PROVISIONS
Power to confer powers of Civil Courts on officers

36. (1) The Government may invest with the powers of any Civil Court under this Act, by name or in
virtue of office,-
Clause (a) [Omitted by the Governor General Order 4 of 1949, Schedule.]
(b) after consultation with the High Court Division any officer serving in any part of the territories to
which this Act extends and belonging to a class defined in this behalf by the Government.
(2) Nothing in sections 4, 5, 6, 8. 10 or 11 applies to any officer so invested, but all the other provisions
of this Act shall, so far as those provisions can be made applicable, apply to him as if he were a Judge of
the Court with the powers of which he is invested.
(3) [Omitted by East Pakistan (Amendment) Ordinance, 1962 (Ordinance No. XIII of 1962).]
(4) Where the place at which the Court of an officer invested with powers under sub-section (1) is to be
held has not been fixed under section 14, the Court may be held at any place within the local limits of its
jurisdiction.

Certain decisions to be according to local law


37.(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question
regarding succession, inheritance, marriage or caste, or any religious usage or institution, the [Muslim]
69

law in cases where the parties are [Muslim], and the Hindu law in cases where the parties are Hindus,
70

shall form the rule of decision except in so far as such law has, by legislative enactment, been altered or
abolished.
(2) In cases not provided for by sub-section (1) or by any other law for the time being in force, the Court
shall act according to justice, equity and good conscience.

Judges not to try suits in which they are interested


38. (1) The presiding officer of a Civil Court shall not try any suit or other proceeding to which he is a
party or in which he is personally interested.
(2) The presiding officer of an appellate Civil Court under this Act shall not try an appeal against a decree
or order passed by himself in another capacity.
(3) When any such suit, proceeding or appeal as is referred to in sub-section (1) or sub-section (2) comes
before any such officer, the officer shall forthwith transmit the record of the case to the Court to which
he is immediately subordinate, with a report of the circumstances attending the reference.
(4) The superior Court shall thereupon dispose of the case under [section 24 of the Code of Civil
71

Procedure, 1908].
(5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the
High Court Division.

Subordination of Courts to District Court


39. For the purposes of the last foregoing section the presiding officer of a Court subject to the
administrative control of the District Judge shall be deemed to be immediately subordinate to the Court
of the District Judge, and, for the purposes of the Code of Civil Procedure 1908, the Court of such an
officer shall be deemed to be of a grade inferior to that of the Court of the District Judge.

Application of Act to Courts of Small Causes


40.(1) This section and sections 15, 32, 37, 38 and 39 apply to Courts of Small Causes constituted under
the [* * *] Small Cause Courts Act, 1887.
72

(2) Save as provided by that Act, the other sections of this Act do not apply to those Courts.

The Small Cause Courts Act, 1887


CHAPTER I
PRELIMINARY

1. (1) This Act may be called the [* * *] Small Cause Courts Act, 1887.
2

(2) It extends to the whole of Bangladesh; and


(3) It shall come into force on the first day of July, 1887.
[Repealed]
2. [Repealed partly by the Amending Act, 1891(XII of 1891), section 2 and Schedule I, and partly by
section 2 and Schedule of the Repealing Act, 1938 (I of 1938).]
Savings
3. Nothing in this Act shall be construed to affect-
(a) any proceedings before or after decree in any suit instituted before the commencement of this Act;
or
(b) the jurisdiction of a Magistrate under any law for the time being in force with respect to debts or
othe claims of a civil nature, [* * *]; or
3

(c) any local law or any special law other than the [Code of Civil Procedure, 1908.]
4

Definition
4. In this Act, unless there is something repugnant in the subject or context, “Court of Small Causes”
means a Court of Small Causes constituted under this Act, and includes any person exercising jurisdiction
under this Act in any such Court.
CHAPTER II
CONSTITUTION OF COURTS OF SMALL CAUSES
Establishment of Courts of Small Causes

5. (1) The Government may, by order in writing, establish a Court of Small Causes at any place within the
territories under its administration.
(2) The local limits of the jurisdiction of the Court of Small Causes shall be such as the Government may
define, and the Court may be held at such place or places within those limits as the Government may
appoint.
Judge
6. When a Court of Small Causes has been established there shall be appointed, by order in writing, a
Judge of the Court:
Provided that if the Government so direct, the same person shall be the Judge of more than one such
Court.
[Omitted]
7. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).]
[Omitted]
8. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).]
[Repealed]
9. [Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.]
[Omitted]
10. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).]
[Omitted]
11. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).]
[Omitted]
12. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).]
[Repealed]
13. [Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.]
[Omitted]
14. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).]

CHAPTER III
JURISDICTION OF COURTS OF SMALL CAUSES
Cognizance of suits by Courts of Small Causes

15. (1) A Court of Small Causes shall not take cognizance of the suits specified in the second schedule as
suits excepted from the cognizance of a Court of Small Causes.
(2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the
time being in force, all suits of a civil nature of which the value does not exceed [twenty five thousand
5

Taka] shall be cognizable by a Court of Small Causes.


(3) Subject as aforesaid, the Government may, by order in writing, direct that all suits of a civil nature of
which the value does not exceed [thirty thousand Taka] shall be cognizable by a Court of Small Causes
6

mentioned in the order.


Exclusive jurisdiction of Courts of Small Causes
16. Save as expressly provided by this Act or by any other enactment for the time being in force, a suit
cognizable by a Court of Small Causes shall not be tried by any other Court having jurisdiction within the
local limits of the jurisdiction of the Court of Small Causes by which the suit is triable.

CHAPTER IV
PRACTICE AND PROCEDURE

Application of the Code of Civil Procedure

17.(1) The procedure prescribed in the Code of Civil Procedure, 1908, shall, save in so far as is otherwise
provided by that Code or by this Act, be the procedure followed in a Court of Small Causes in all suits
cognizable by it and in all proceedings arising out of such suits:

Provided that an applicant for an order to set aside a decree passed exparte or for a review of judgment
shall, at the time of presenting his application, either deposit in the Court the amount due from him
under the decree or in pursuance of the judgment, or give such security for the performance of the
decree or compliance with the judgment as the Court may, on a previous application made by him in this
behalf, have directed.

(2) Where a person has become liable as surety under the proviso to sub-section (1), the security may be
realized in manner provided by section 145 of the Code of Civil Procedure, 1908.

[Omitted]

18 [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).]

[Omitted]

19. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).]

[Omitted]
20. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).]

[Omitted]

21. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).]

[Omitted]

22. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).]

Return of plaints in suits involving questions of title

23. (1) Notwithstanding anything in the foregoing portion of this Act, when the right of a plaintiff and
the relief claimed by him in a Court of Small Causes depend upon the proof or disproof of a title to
immoveable property or other title which such a Court cannot finally determine, the Court may at any
stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine
the title.

(2) When a court returns a plaint under sub-section (1), it shall comply with the provisions of the [Code
7

of Civil Procedure,

1908, Schedule I, Order VII, rule 10]; and make such order with respect to costs as it deems just, and the
Court shall, for the purposes of the [Limitation Act, 1908], be deemed to have been unable to entertain
8

the suit by reason of a cause of a nature like to that of defect of jurisdiction.

Appeal from certain orders of Courts of Small Causes

24. Where an order specified in clause (ff) or clause (h) of sub-section (1) of section 104 of the Code of
Civil Procedure, 1908, is made by a Court of Small Causes, an appeal therefrom shall lie to the District
court on any ground on which an appeal from such order would lie under that section.

Revision of decrees and orders of Courts of Small Causes

25. The [High Court Division], for the purpose of satisfying itself that a decree or order made in any case
9

decided by a Court of Small Causes was according to law, may call for the case and pass such order with
respect thereto as it thinks fit.
[Repealed]

26. [Repealed by section 4 of the Presidency Small Cause Courts Law Amendment Act, 1888 (Act No. X of
1888),.]

Finality of decrees and orders

27. Save as provided by this Act, a decree or order made under the foregoing provisions of this Act by a
Court of Small Causes shall be final.

Application for distress warrant

[27A. (1) Any person claiming to be entitled to arrears of rent of any house or premises situate within
10

the local limits of the Court's jurisdiction of which the annual rent does not exceed [twenty five
11

thousand Taka] or, where the Court is empowered under sub-section (3) or section 15, [thirty thousand
12

Taka] may apply to the Court for a distress warrant.

(2) The application shall be supported by an affidavit or affirmation to the effect of Form A given in the
Third Schedule.

(3) Nothing in this section shall apply to-

(a) any rent due to Government;

(b) any rent which has been due for more than twelve months before the application mentioned in sub-
section (1) is made.

Application to discharge or suspend warrant

27B. (1) The debtor or any other person alleging himself to be the owner of any property seized under a
distress warrant under section 27A may, at any time within five days or such extended time as the Court
may grant for reasons recorded in writing from such seizure, apply to the Court to discharge or suspend
the warrant, or to release a distrained article and the court may discharge or suspend such warrant or
release such article accordingly, upon such terms as it thinks just and the Court may, in its discretion,
give reasonable time to the debtor to pay the rent due from him.

(2) Upon any such application, the costs attending it and attending the issue and execution of the
warrant shall be in the discretion of the Court and shall be paid as the Court directs.]

CHAPTER V
SUPPLEMENTAL PROVISIONS
Power of District Court to withdraw and transfer cases

[28A. (1) Where a District Court is satisfied that any particular suit cannot be adequately tried by a
13

Court of Small Causes it may withdraw such suit from that Court and-
(i) try or dispose of that suit itself, or
(ii) transfer such suit to another Court subordinate to the District Court.
(2) Where any suit is so withdrawn, the District Court or the Court to which such suit is transferred shall
try and dispose of the same as if such suit were not cognizable by a Court of Small Causes.]
Subordination of Courts of Small Causes
28. (1) A Court of Small Causes shall be subject to the administrative control of the District Court and to
the superintendence of the [High Court Division], and shall-
14

(a) keep such registers, books and accounts as the [High Court Division] from time to time prescribes,
15

and
(b) comply with such requisitions as may be made by the District Court, the [High Court Division] or the
16

Government for records, returns and statements in such form and manner as the authority making the
requisition directs.
(2) The relation of the District Court to a Court of Small Causes, with respect to administrative control,
shall be the same as that of the District Court to a Civil Court of the lowest grade competent to try an
original suit of the value of [one lac Taka] in that portion of the territories administered by the
17

Government in which the Court of Small Causes is established.


Seal
29. A Court of Small Causes shall use a seal of such form and dimensions as are prescribed by the
Government.
Abolition of Courts of Small Causes
30. The Government may, by order in writing, abolish a Court of Small Causes.
Saving of Power to appoint Judge of Court of Small Causes to other office
31.(1) Nothing in this Act shall be construed to prevent the appointment of a person who is a Judge or
Additional Judge of a Court of Small Causes to be also a Judge of any other Civil Court or to be a
Magistrate of any class or to hold any other public office.
(2) When a Judge or Additional Judge is so appointed, the ministerial officers of his Court shall, subject
to any rules which the Government may make in this behalf, be deemed to be ministerial officers
appointed to aid him in the discharge of the duties of the other office.
Application of Act to Courts invested with jurisdiction of Courts of Small Causes
32. (1) So much of Chapters III and IV as relates to-
(a) the nature of the suits cognizable by Courts of Small Causes,
(b) the exclusion of the jurisdiction of other Courts in those suits,
(c) the practice and procedure of Courts of Small Causes,
(d) appeal from certain orders of those Courts and revision of cases decided by them, and
(e) the finality of their decrees and orders subject to such appeal and revision as are provided by this
Act,
applies to Courts invested by or under any enactment for the time being in force with the jurisdiction of
a Court of Small Causes so far as regards the exercise of that jurisdiction by those Courts.
(2) Nothing in sub-section (1) with respect to Courts invested with the jurisdiction of a Court of Small
Causes applies to suits instituted or proceedings commenced in those Courts before the date on which
they were invested with that jurisdiction.
Application of Act and Code to Court so invested as to two Courts
33. A Court invested with the jurisdiction of a Court of Small Causes with respect to the exercise of that
jurisdiction, and the same Court with respect to the exercise of its jurisdiction in suits of a civil nature
which are not cognizable by a Court of Small Causes, shall, for the purposes of this Act and the Code of
Civil Procedure, be deemed to be different Courts.
Modification of Code as so applied
34. Notwithstanding anything in the last two foregoing sections,-
(a) when in exercise of the jurisdiction of a Court of Small Causes, a Court invested with that jurisdiction
sends a decree for execution to itself as a Court having jurisdiction in suits of a civil nature which are not
cognizable by a Court of Small Causes, or
(b) when a Court, in the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a
Court of Small Causes, sends a decree for execution to itself as a Court invested with the jurisdiction of a
Court of Small Causes,
the documents mentioned in [Order XXI, rule 6 of the Code of Civil Procedure, 1908,] shall not be sent
18

with the decree unless in any case the Court, by order in writing, requires them to be sent.
Continuance of proceedings of abolished Courts
35. (1) Where a Court of Small Causes, or a Court invested with the jurisdiction of a Court of Small
Causes, has from any cause ceased to have jurisdiction with respect to any case, any proceeding in
relation to the case, whether before or after decree, which, if the Court had not ceased to have
jurisdiction, might have been had therein, may be had in the Court which, if the suit out of which the
proceeding has arisen were about to be instituted, would have jurisdiction to try the suit.
(2) Nothing in this section applies to cases for which special provision is made in the [Code of Civil
19

Procedure, 1908,] as extended to Courts of Small Causes or in any other enactment for the time being in
force.
[Repealed]
36. [Repealed by the Limitation Act, 1908 (Act No. IX of 1908).]
Publication of certain orders
37. All orders required by this Act to be made in writing by the Government shall be published in the
official Gazette.

নারী ও শিশু নির্যাতন দমন আইন, ২০০০


ধারাসমূহ
১৷ সংক্ষিপ্ত শিরোনামা

২৷ সংজ্ঞা

৩৷ আইনের প্রাধান্য

৪৷ দহনকারী, ইত্যাদি পদার্থ দ্বারা সংঘটিত অপরাধের শাস্তি

৫। [রহিত]

৬। [রহিত]

৭৷ নারী ও শিশু অপহরণের শাস্তি

৮৷ মুক্তিপণ আদায়ের শাস্তি

৯৷ ধর্ষণ, ধর্ষণজনিত কারণে মৃত্যু, ইত্যাদির শাস্তি

৯ক। নারীর আত্মহত্যায় প্ররোচনা, ইত্যাদির শাস্তি

১০৷ যৌন পীড়ন, ইত্যাদির দণ্ড

১১৷ যৌতুকের জন্য মৃত্যু ঘটানো, ইত্যাদির শাস্তি

১২৷ ভিক্ষাবৃত্তি, ইত্যাদির উদ্দেশ্যে শিশুকে অঙ্গহানি করার শাস্তি

১৩। ধর্ষণের ফলশ্রুতিতে জন্মলাভকারী শিশু সংক্রান্ত বিধান

১৪। সংবাদ মাধ্যমে নির্যাতিতা নারী ও শিশুর পরিচয় প্রকাশের ব্যাপারে বাধা-নিষেধ

১৫। ভবিষ্যত্ সম্পত্তি হইতে অর্থদণ্ড আদায়

১৬৷ অর্থদণ্ড বা ক্ষতিপূরণ আদায়ের পদ্ধতি

১৭৷ মিথ্যা মামলা, অভিযোগ দায়ের ইত্যাদির শাস্তি

১৮৷ অপরাধের তদন্ত

১৯৷ অপরাধ বিচারার্থ গ্রহণ, ইত্যাদি

২০৷ বিচার পদ্ধতি

২১৷ আসামীর অনুপস্থিতিতে বিচার

২২৷ ম্যাজিষ্ট্রেট কর্তৃক যে কোন স্থানে জবানবন্দি গ্রহণের ক্ষমতা

২৩৷ রাসায়নিক পরীক্ষক, রক্ত পরীক্ষক, ইত্যাদির সাক্ষ্য

২৪৷ সাক্ষীর উপস্থিতি

২৫৷ ফৌজদারী কার্যবিধির প্রয়োগ, ইত্যাদি


২৬৷ নারী ও শিশু নির্যাতন দমন ট্রাইব্যুনাল

২৭৷ ট্রাইব্যুনালের এখ্‌তিয়ার

২৮৷ আপীল

২৯৷ মৃত্যুদণ্ড অনুমোদন

৩০৷ অপরাধে প্ররোচনা বা সহায়তার শাস্তি

৩১৷ নিরাপত্তামূলক হেফাজত

৩১ক৷ ট্রাইব্যুনাল, ইত্যাদির জবাবদিহিতা

৩২৷ [অপরাধে অভিযুক্ত ব্যক্তি এবং অপরাধের শিকার ব্যক্তির মেডিক্যাল পরীক্ষা]

৩২ক। অভিযুক্ত ব্যক্তি এবং অপরাধের শিকার ব্যক্তির ডিঅক্সিরাইবোনিউক্লিক এসিড


(ডিএনএ) পরীক্ষা

৩৩৷ বিধি প্রণয়নের ক্ষমতা

৩৪৷ ১৯৯৫ সনের ১৮ নং আইনের রহিতকরণ ও হেফাজত

The Muslim Family Laws Ordinance, 1961


SECTIONS
1. Short title, extent, application and commencement
2. Definitions
3. Ordinance to override other Laws, etc.
4. Succession
5. Registration of marriages
6. Polygamy
7. Talaq
8. Dissolution of marriage otherwise than by talaq
9. Maintenance
10. Dower
11. Power to make rules
11A.Place of trial
12. Amendment of Child Marriage Restraint Act, 1929 (XIX of 1929)
13. Amendment of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939)

পারিবারিক আদালত আইন, ২০২৩


ধারাসমূহ
১। সংক্ষিপ্ত শিরোনাম, প্রয়োগ ও প্রবর্তন
২। সংজ্ঞা
৩। আইনের প্রাধান্য
৪। পারিবারিক আদালত প্রতিষ্ঠা
৫। পারিবারিক আদালতের এখতিয়ার
৬। মোকদ্দমা দায়ের
৭। সমন ও নোটিশ জারিকরণ
৮। লিখিত জবাব
৯। আরজি ও লিখিত জবাব সংশোধন
১০। পক্ষগণের অনুপস্থিতির ফলাফল
১১। বিচার-পূর্ব কার্যক্রম
১২। রুদ্ধদ্বার কক্ষে বিচার
১৩। সাক্ষ্য লিপিবদ্ধকরণ
১৪। বিচারের সমাপ্তি
১৫। আপোষ ডিক্রি
১৬। রায় লিখন
১৭। ডিক্রি বলবৎকরণ
১৮। পারিবারিক আপিল আদালত প্রতিষ্ঠা
১৯। আপিল দায়ের ও নিষ্পত্তি
২০। মোকদ্দমা এবং আপিল স্থানান্তর ও স্থগিতকরণ
২১। পারিবারিক আদালত বা পারিবারিক আপিল আদালত কর্তৃক অন্তর্বর্তী আদেশ প্রদান
২২। সমন জারির ক্ষমতা
২৩। পারিবারিক আদালত বা পারিবারিক আপিল আদালত অবমাননা
২৪। প্রতিনিধিদের মাধ্যমে উপস্থিতি
২৫। কোর্ট ফি
২৬। মুসলিম পারিবারিক আইনের বিধানকে প্রভাবিত না করা
২৭। Guardians and Wards Act, 1890 এর উদ্দেশ্য পূরণকল্পে পারিবারিক আদালতকে জেলা
আদালতরূপে গণ্যকরণ
২৮। কতিপয় আইনের বিধানাবলির প্রযোজ্যতা ও অপ্রযোজ্যতা
২৯। বিধি প্রণয়নের ক্ষমতা
৩০। রহিতকরণ ও হেফাজত
৩১। ইংরেজিতে অনূদিত পাঠ প্রকাশ

The Registration Act, 1908

SECTIONS
PART I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions

PART II
OF THE REGISTRATION-ESTABLISHMENT
3. Inspector-General of Registration
4. [Repealed]
5. Districts and sub-districts
6. Registrars and Sub-Registrars
7. Offices of Registrar and Sub-Registrar
8. Inspectors of Registration-offices
9. [Repealed]
10. Absence of Registrar or vacancy in his office
11. Absence of Registrar on duty in his district
12. Absence of Sub-Registrar or vacancy in his office
13. Report to Government of appointments under sections 10, 11 and 12
14. Establishments of registering officers
15. Seal of registering officers
16. Register-books and fire-proof boxes

PART III
OF REGISTRABLE DOCUMENTS
17B. Effect of unregistered contract for sale executed prior to section 17A becomes effective
17. Documents of which registration is compulsory
17A. Registration of contract for sale, etc.
18. Documents of which registration is optional
19. Documents in language not understood by registering officer
20. Documents containing interlineations, blanks erasures or alterations
21. Description of property and maps or plans
22. Description of houses and land by reference to Government maps or surveys
22A. Instrument of transfer

PART IV
OF THE TIME OF PRESENTATION
23. Time for presenting documents
23A. Re-registration of certain documents
24. Documents executed by several persons at different times
25. Provision where delay in presentation is unavoidable
26. Documents executed out of Bangladesh
27. Wills may be presented or deposited at any time

PART V
OF THE PLACE OF REGISTRATION
28. Place for registering documents relating to land
29. Place for registering other documents
30. [Omitted]
31. Registration or acceptance for deposit at private residence
PART VI
OF PRESENTING DOCUMENTS FOR REGISTRATION
32. Persons to present documents for registration
33. Power-of-attorney recognizable for purposes of section 32
34. Enquiry before registration by registering officer
35. Procedure on admission and denial of execution respectively

PART VII
OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES
36. Procedure where appearance of executant or witness is desired
37. Officer or Court to issue and cause service of summons
38. Persons exempt from appearance at registration-office
39. Law as to summonses, commissions and witnesses

PART VIII
OF PRESENTING WILLS AND AUTHORITIES TO ADOPT
40. Persons entitled to present Wills and authorities to adopt
41. Registration of wills and authorities to adopt

PART IX
DEPOSIT AND DISPOSAL OF WILLS
42. Deposit of wills
43. Procedure on deposit of wills
44. Withdrawal of sealed cover deposited under section 42
45. Proceedings on death of depositor
46. Saving of certain enactments and powers of Courts
46A. Destruction of Wills

PART X
OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION
47. Time from which registered document operates
48. Registered documents relating to property when to take effect against oral agreements
49. Effect of non-registration of documents required to be registered
50. Certain registered documents relating to land to take effect against unregistered documents

PART XI
OF THE DUTIES AND POWERS OF REGISTERING OFFICERS
(A) As to the Register-books and Indexes
51. Register-books to be kept in the several offices
52. Duties of registering officers when document presented
52A. Registering Officer not to register unless certain particulars are included in an instrument of sale
53. Entries to be numbered consecutively
54. Current indexes and entries therein
55. Indexes to be made by registering officers, and their contents
56. [Repealed]
57. Registering officers to allow inspection of certain books and indexes, and to give certified copies of
entries
(B) As to the Procedure on admitting to Registration
58. Particulars to be endorsed on document admitted to registration
59. Endorsements to be dated and signed by registering officer
60. Certificate of registration
61. Endorsements and certificate to be copied and document returned
62. Procedure on presenting document in language unknown to registering officer
63. Power to administer oaths and record of substance of statements
[(BB) Special Duties of Registering Officer
63A. Procedure where documents not properly valued.
(c) Special Duties of Sub-Registrar
64. Procedure where document relates to land in several sub-districts
65. Procedure where document relates to land in several districts
(D) Special Duties of Registrar
66. Procedure after registration of documents relating to land
67. Omitted
(E) Of the Controlling Powers of Registrars and Inspectors-General
68. Power of Registrar to superintend and control Sub-Registrars
70. Power of Inspector-General to remit fines
69. Power of Inspector-General to superintend registration offices and make rules

PART XI-A
OF THE COPYING OF DOCUMENTS BY MEANS OF PHOTOGRAPHY
70A. Application of this Part
70B. Definition
70C. Appointment of Photo-Registrars
70D. Documents may be photographed in areas notified by Government
70E. Application of Act to areas notified under section 70-D
70F. Power to make rules

PART XII
OF REFUSAL TO REGISTER
71. Reasons for refusal to register to be recorded
72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of
execution
73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution
74. Procedure of Registrar on such application
75. Order by Registrar to register and procedure thereon
76. Order of refusal by Registrar
77. Suit in case of order of refusal by Registrar

PART XIII
OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES
78. Fees to be fixed by Government
78A. Registration fee for contract for sale, heba and mortgage
78B. Registration fee for instrument of partition
79. Publication of fees
80. Fees payable on presentation

PART XIII-A
OF TOUTS
80C. Hanging up of lists of touts in Registration Offices
80D. Exclusion of touts from precincts of Registration Offices
80E. Presumption as to touts found within precincts of Registration Offices
80A. Powers to frame and publish lists of touts
80B. Inquiry by a Sub-Registrar regarding suspected touts
80F. Arrest and trial of touts
PART XIII-B
OF DEED – WRITERS.
80G. Power to Inspector-General to make rules relating to deed-writers

PART XIV
OF PENALTIES
81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure
82A. Penalty
82. Penalty for making false statements, delivering false copies or translations, false personation, and
abetment
83. Registering officer may commence prosecutions
84. Registering officers to be deemed public servants

PART XV
MISCELLANEOUS
85. Destruction of unclaimed documents
86. Registering officer not liable for thing bona fide done or refused in his official capacity
87. Nothing so done invalidated by defect in appointment or procedure
88. Registration of documents executed by Government officers or certain public functionaries
89. Copies of certain orders, certificates and instruments to be sent to registering officers and field
Exemptions from Act
90. Exemption of certain documents executed by or in favour of Government
91. Inspection and copies of such documents
92. Repealed
93. Repealed

শিশু আইন, ২০১৩


প্রথম অধ্যায়
প্রারম্ভিক
১। সংক্ষিপ্ত শিরোনাম এবং প্রবর্তন
২। সংজ্ঞা
৩। আইনের প্রাধান্য
৪। শিশু
দ্বিতীয় অধ্যায়
প্রবেশন কর্মকর্তা নিয়োগ এবং তাহাদের দায়িত্ব ও কর্তব্য
৫। প্রবেশন কর্মকর্তা
৬। প্রবেশন কর্মকর্তার দায়িত্ব ও কর্তব্য

তৃতীয় অধ্যায়
শিশুকল্যাণ বোর্ড এবং উহার কার্যাবলি

৭। জাতীয় শিশুকল্যাণ বোর্ড ও উহার কার্যাবলি


৮। জেলা শিশুকল্যাণ বোর্ড ও উহার কার্যাবলি
৯। উপজেলা শিশুকল্যাণ বোর্ড ও উহার কার্যাবলি
১০। বোর্ডের মনোনীত কর্মকর্তার মেয়াদ, ইত্যাদি
১১। বোর্ডের সভা
১২। জেলা শিশুকল্যাণ বোর্ড এবং উপজেলা শিশুকল্যাণ বোর্ড এর উপদেষ্টা

চতুর্থ অধ্যায়
শিশুবিষয়ক ডেস্ক, শিশুবিষয়ক পুলিশ কর্মকর্তা, ইত্যাদি
১৩। শিশুবিষয়ক ডেস্ক
১৪। শিশুবিষয়ক পুলিশ কর্মকর্তার দায়িত্ব ও কার্যাবলি
১৫। পুলিশ রিপোর্ট (investigation report) বা অনুসন্ধান প্রতিবেদন (inquiry report) বা
তদন্ত প্রতিবেদন (enquiry report) পৃথকভাবে প্রস্তুত ও আমলে গ্রহণ
১৫ক। মামলা বিচারের জন্য প্রেরণ বা স্থানান্তর

পঞ্চম অধ্যায়
শিশু-আদালত এবং উহার কার্যপ্রণালী
১৬। শিশু-আদালত
১৭। শিশু-আদালতের অধিবেশন ও ক্ষমতা
১৮। শিশু-আদালতের ক্ষমতা
১৯। শিশু-আদালতের পরিবেশ ও সুবিধাসমূহ
২০। শিশুর বয়স নির্ধারণে প্রাসঙ্গিক তারিখ
২১। [***] বয়স অনুমান ও নির্ধারণ
২২। বিচার প্রক্রিয়ায় শিশুর অংশগ্রহণ
২৩। শিশু-আদালতের অধিবেশনে উপস্থিতির অনুমতিপ্রাপ্ত ব্যক্তি
২৪। অভিযুক্ত শিশুর মাতা-পিতা বা অভিভাবকের শিশু-আদালতে উপস্থিতি
২৫। শিশু ব্যতীত অন্য সকল ব্যক্তিকে শিশু-আদালত হইতে প্রত্যাহার
২৬। [***] শিশুকে নিরাপদ হেফাজতে রাখা
২৭। ভাষা, দোভাষী ও অন্যান্য বিশেষ সহায়তামূলক পদক্ষেপ
২৮। শিশু-আদালতের কার্যক্রমের গোপনীয়তা
২৯। শিশু-আদালত কর্তৃক আইনের সহিত সংঘাতে জড়িত শিশুর জামিনে মুক্তি প্রদান
৩০। শিশু-আদালত কর্তৃক আদেশ প্রদানের ক্ষেত্রে বিবেচ্য বিষয়
৩১। সামাজিক অনুসন্ধান প্রতিবেদন
৩২। বিচার সমাপ্তির সময়সীমা
৩৩। শিশুর ওপর নির্দিষ্ট ধরনের দণ্ড আরোপে বাধা-নিষেধ
৩৪। শিশু-আদালত কর্তৃক প্রদত্ত আটকাদেশ, ইত্যাদি
৩৫। নির্দিষ্ট বিরতিতে পর্যালোচনা ও মুক্তি প্রদান
৩৬। আদেশ প্রদানের ক্ষেত্রে পরিভাষা ব্যবহার
৩৭। বিরোধ মীমাংসা
৩৮। ক্ষতিপূরণ প্রদান
৩৯। মাতা-পিতার ওপর ক্ষতিপূরণের অর্থ প্রদান করিবার আদেশ
৪০। বিচারের ফলাফল ও মুক্তি সম্পর্কে তথ্য
৪১। আপিল ও পুনর্বিবেচনা
৪২। ফৌজদারী কার্যবিধির বিধানাবলীর প্রযোজ্যতা
৪৩। দোষী সাব্যস্ত হইবার কারণে অযোগ্যতার অপসারণ, ইত্যাদি

ষষ্ঠ অধ্যায়
গ্রেফতার, তদন্ত, বিকল্প পন্থা, (Diversion) , এবং জামিন

৪৪। গ্রেফতার, ইত্যাদি


৪৫। মাতা-পিতা ও প্রবেশন কর্মকর্তাকে অবহিতকরণ
৪৬। তদন্ত
৪৭। জবানবন্দী, সতর্কীকরণ ও মুক্তি
৪৮। বিকল্প পন্থা (diversion)
৪৯। পারিবারিক সম্মেলন
৫০। বিকল্প পন্থার মেয়াদ
৫১। বিকল্প পন্থার শর্ত ভঙ্গ বা বিকল্প পন্থার আদেশ পালনে ব্যর্থতা
৫২। জামিন, ইত্যাদি
৫৩। আইনের সংস্পর্শে আসা শিশু সম্পর্কে অবহিত করিবার দায়িত্ব
৫৪। আইনের সংস্পর্শে আসা শিশুর ক্ষেত্রে বিশেষ ব্যবস্থা ও সুরক্ষা

সপ্তম অধ্যায়
আইনগত প্রতিনিধিত্ব ও সহায়তা
৫৫। আইনগত প্রতিনিধিত্ব, ইত্যাদি
৫৬। আইনগত প্রতিনিধির উপস্থিতি
৫৭। অপর্যাপ্ত আইনগত প্রতিনিধিত্ব ও অসদাচরণ
৫৮। সুরক্ষামূলক পদক্ষেপ

অষ্টম অধ্যায়
শিশু উন্নয়ন কেন্দ্র এবং প্রত্যয়িত প্রতিষ্ঠান
৫৯। শিশু উন্নয়ন কেন্দ্র প্রতিষ্ঠা ও প্রত্যয়ন
৬০। বেসরকারি উদ্যোগে প্রত্যয়িত প্রতিষ্ঠান
৬১। বৈধ প্রত্যয়নপত্র ব্যতীত প্রতিষ্ঠান পরিচালনার দণ্ড
৬২। প্রত্যয়িত প্রতিষ্ঠানে অবস্থানরত শিশুদের বিষয়ে অধিদপ্তরকে অবহিতকরণ
৬৩। পরিচর্যার ন্যূনতম মানদণ্ড (Minimum Standards of Care)
৬৪। সরকার বা উহার প্রতিনিধি কর্তৃক প্রত্যয়িত প্রতিষ্ঠান পরিদর্শন
৬৫। বিভিন্ন প্রতিষ্ঠানের মধ্যে স্থানান্তর
৬৬। অন্য প্রতিষ্ঠানে হস্তান্তর
৬৭। সরকারের প্রত্যয়নপত্র প্রত্যাহারের ক্ষমতা
৬৮। শিশুর ওপর জিম্মাদারের নিয়ন্ত্রণ
৬৯। পলাতক শিশু সম্পর্কে করণীয়

নবম অধ্যায়
শিশু সংক্রান্ত বিশেষ অপরাধসমূহের দণ্ড
৭০। শিশুর প্রতি নিষ্ঠুরতার দণ্ড
৭১। শিশুকে ভিক্ষাবৃত্তিতে নিয়োগের দণ্ড
৭২। শিশুর দায়িত্বে থাকাকালে নেশাগ্রস্ত হইবার দণ্ড
৭৩। শিশুকে নেশাগ্রস্তকারী মাদকদ্রব্য কিংবা বিপজ্জনক ঔষধ প্রদানের দণ্ড
৭৪। মাদকদ্রব্য কিংবা বিপজ্জনক ঔষধ বিক্রয়ের স্থানসমূহে প্রবেশের অনুমতিদানের
দণ্ড
৭৫। শিশুকে বাজি ধরিতে বা ঋণ গ্রহণে উসকানি প্রদানের দণ্ড
৭৬। শিশুর নিকট হইতে দ্রব্যাদি বন্ধক গ্রহণ বা ক্রয় করিবার দণ্ড
৭৭। শিশুকে যৌনপল্লীতে থাকিবার অনুমতিদানের দণ্ড
৭৮। শিশুকে অসৎ পথে পরিচালনা করানো বা করিতে উৎসাহদানের দণ্ড
৭৯। শিশুর দ্বারা আগ্নেয়াস্ত্র বা অবৈধ ও নিষিদ্ধ বস্ত্ত বহন এবং সন্ত্রাসী
কার্য সংঘটনের দণ্ড
৮০। শিশুকে শোষণের দণ্ড
৮১। সংবাদ মাধ্যম কর্তৃক কোন গোপন তথ্য প্রকাশের দণ্ড
৮২। শিশুকে পলায়নে সহায়তার দণ্ড
৮৩। মিথ্যা তথ্য প্রদানের ক্ষতিপূরণ

দশম অধ্যায়
বিকল্প পরিচর্যা, ইত্যাদি
৮৪। বিকল্প পরিচর্যা (alternative care)
৮৫। সুবিধাবঞ্চিত শিশুদের জন্য প্রাতিষ্ঠানিক পরিচর্যা
৮৬। বিকল্প পরিচর্যা নির্ধারণকারী
৮৭। অধিদপ্তর কর্তৃক বিকল্প পরিচর্যা ব্যবস্থা প্রতিষ্ঠা
৮৮। বিকল্প পরিচর্যার মেয়াদ ও অনুসরণ (Follow-up)
৮৯। সুবিধাবঞ্চিত শিশু
৯০। ব্যক্তি বা সংস্থা কর্তৃক শিশুকে প্রেরণ, ইত্যাদি
৯১। পুলিশ কর্তৃক শিশুকে প্রেরণ
৯২। শিশুর যাচাই (Assessment)
৯৩। শিশুকল্যাণ বোর্ড-এ তথ্য উপস্থাপন
৯৪। [বিলুপ্ত]

একাদশ অধ্যায়
বিবিধ বিধানাবলী
৯৫। বিধি প্রণয়নের ক্ষমতা
৯৬। আইনের কার্যকর বাস্তবায়নে সরকারের দায়িত্ব
৯৭। অস্পষ্টতা দূরীকরণ
৯৮। সরল বিশ্বাসে কৃত কাজকর্ম রক্ষণ
৯৯। ইংরেজীতে অনূদিত পাঠ প্রকাশ
১০০। রহিতকরণ ও হেফাজত
The Public Demands Recovery Act, 1913
PART I
PRELIMINARY
1. Short title, commencement and extent
2. [Repealed]
3. Definitions
PART II
FILING, SERVICE AND EFFECT OF CERTIFICATES, AND HEARING OF OBJECTIONS THERETO

4. Filing of certificate for public demand payable to Collector


5. Requisition for certificate in other cases
6. Filing of certificate on requisition
7. Service of notice and copy of certificate on certificate-debtor
8. Effect of service of notice of certificate
9. Filing of petition denying liability
10. Hearing and determining of such petition
10A. Special provisions relating to certificate for the recovery of certain dues.

PART III
EXECUTION OF CERTIFICATE
11. Who may execute certificate
12. Transmission of certificate to another Certificate-officer for execution
13. When certificate may be executed
14. Modes of execution
15. [Omitted]
16. Interest, costs and charges recoverable
Attachment.
17. Attachment of property
18. Payment of moneys, contrary to attachment, to be void
19. Attachment of decree
Sale
20. Purchaser’s title
21. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
Setting aside sale.
22. Application to set aside sale of immovable property on deposit
23. Application to set aside sale of immovable property on ground of non-service of notice or irregularity
24. Application to set aside sale on ground that certificate-debtor had no saleable interest or that
property did not exist
25. Sale when to become absolute or be set aside
Disposal of proceeds of execution.
26. Disposal of proceeds of execution
Resistance to purchaser after sale.
27. Application by purchaser resisted or obstructed in obtaining possession of immovable property
28. Procedure on such application
Arrest, Detention and Release.
29. Power to arrest and detention
30. Release from arrest and re-arrest
31. Detention in, and release from, prison
32. Release on ground of illness
33. Prohibition of arrest or detention of women and persons under disability

PART IV
REFERENCE TO CIVIL COURT
34. Suit in Civil Court to have certificate cancelled or modified
35. Grounds for cancellation or modification of certificate by Civil Court
36. Suit to recover possession of, or to set aside sale of, immovable property, where notice of certificate
not served
37. General bar to jurisdiction of Civil Courts, save where fraud alleged

PART V
RULES
38. Effect of rules in Schedule II
39. Power of Board of Revenue to make rules as to procedure
40. Publication and effect of rules made under section 39

PART VI
SUPPLEMENTAL PROVISIONS
41. Persons under disability
42. Continuance of certificates
43. Procedure on death of certificate-debtor
44. Cancellation of certificates
45. Costs
46. Compensation
47. Entry into dwelling-house
48. Application of Act XVIII of 1850
49. Officer to have powers of Civil Court for certain purposes
50. Control over officers
51. Appeal
52. Bar to second appeals
53. Revision
54. Review
54A. Government may empower certain officers
55. Saving of other Acts
56. Application of the Limitation Act, 1908
57. Certificate-officer deemed to be a Court
58. Penalties
59. Signature of documents by ministerial officers
60. [Repealed]
61. [Repealed]
62. [Repealed]
63. [Repealed]
64. [Repealed]

The Contract Act, 1872


PRELIMINARY
1. Short title
Extent Commencement
Enactments repealed
2. Interpretation-clause
CHAPTER I
OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS
3. Communication, acceptance and revocation of proposals
4. Communication when complete
5. Revocation of proposals and acceptances
6. Revocation how made
7. Acceptance must be absolute
8. Acceptance by performing, conditions, or receiving consideration
9. Promises, express and implied

CHAPTER II
OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS
10. What agreements are contracts
11. Who are competent to contract
12. What is a sound mind for the purposes of contracting
13. "Consent” defined
14. "Free consent" defined
15. "Coercion" defined
16. "Undue influence" defined
17. "Fraud" defined
18. "Misrepresentation" defined
19A. Power to set aside contract induced by undue influence
19. Void ability of agreements without free consent
20. Agreement void where both parties are under mistake as to matter of fact
21. Effect of mistakes as to law
22. Contract caused by mistake of one party as to matter of fact
23. What considerations and objects are lawful and what not
Void Agreements
24. Agreements void, if considerations and objects unlawful in part
25. Agreement without consideration void, unless it is in writing and registered, or is a promise to
compensate for something done, or is a promise to pay a debt barred by limitation law
26. Agreement in restraint of marriage void
27. Agreement in restraint of trade void Saving of agreement not to carry on business of which good-
will is sold
28. Agreements in restraint of legal proceedings void Saving of contract to refer to arbitration dispute
that may arise Suits barred by such contracts Saving of contract to refer questions that have already
arisen
29. Agreements void for uncertainty
30A. Agreements collateral to wagering agreements void
30C. Payment by guardian, executor, etc., in respect of void agreements not to be allowed credit
30. Agreements by way of wager void Exceptions in favour of certain prizes for horse-racing. Section
294A of the Penal Code not affected
30B. No suit for recovery of money, commission etc., in respect of void agreements

CHAPTER III
OF CONTINGENT CONTRACTS
31. "Contingent contract" defined
32. Enforcement of contracts contingent on an event happening
33. Enforcement of contracts contingent on an event not happening
34. When event on which contract is contingent to be deemed impossible, if it is the future conduct of a
living person
35. When contracts become void which are contingent on happening of specified event within fixed time
When contracts may be enforced which are contingent on specified event not happening within fixed
time
36. Agreement contingent on impossible events void

CHAPTER IV
OF THE PERFORMANCE OF CONTRACTS
Contracts which must be performed
37. Obligation of parties to contracts
38. Effect of refusal to accept offer of performance
39. Effect of refusal of party to perform promise wholly
By whom Contracts must be performed
40. Person by whom promise is to be performed
41. Effect of accepting performance from third person
42. Devolution of joint liabilities
43. Any one of joint promisors may be compelled to perform Each promisor may compel contribution
Sharing of loss by default in contribution
44. Effect of release of one joint promisor
45. Devolution of joint rights
Time and Place for Performance
46. Time for performance of promise where no application is to be made and no time is specified
47. Time and place for performance of promise where time is specified and no application to be made
48. Application for performance on certain day to be at proper time and place
49. Place for performance of promise were no application to be made and no place fixed for
performance
50. Performance in manner or at time prescribed or sanctioned by promisee
Performance of Reciprocal Promises
51. Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
52. Order of performance of reciprocal promises
53. Liability of party preventing event on which the contract is to take effect
54. Effect of default as to that promise which should be first performed, in contract consisting of
reciprocal promises
55. Effect of failure to perform at fixed time, in contract in which time is essential
Effect of such failure when time is not essential
Effect of acceptance of performance at time other than that agreed upon
56. Agreement to do impossible act
Contract to do act afterwards becoming impossible or unlawful
Compensation for loss through non-performance of act known to be impossible or unlawful
57. Reciprocal promise to do things legal, and also other things illegal
58. Alternative promise, one branch being illegal
Appropriation of Payments
59. Application of payment, where debt to be discharged is indicated
60. Application of payment, where debt to be discharged is not indicated
61. Application of payment where neither party appropriates
Contracts Which Need Not be Performed
62. Effect of novation, rescission and alteration of contract
63. Promisee may dispense with or remit performance of promise
64. Consequences of rescission of voidable contract
65. Obligation of person who has received advantage under void agreement or contract that becomes
void
66. Mode of communicating or revoking rescission of voidable contract
67. Effect of neglect of promisee to afford promisor reasonable facilities for performance

CHAPTER V
OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT
68. Claim for necessaries supplied to person incapable of contracting or on his account

69. Reimbursement of person paying money due by another in payment of which he is interested

70. Obligation of person enjoying benefit of non- gratuitous act

71. Responsibility of finder of goods


72. Liability of person to whom money is paid or thing delivered by mistake or under coercion

CHAPTER VI
OF THE CONSEQUENCES OF BREACH OF CONTRACT

73. Compensation for loss or damage caused by breach of contract


Compensation for failure to discharge obligation resembling those created by contract
74. Compensation for breach of contract where penalty stipulated for
75. Party rightfully rescinding contract entitled to compensation

CHAPTER VII
SALE OF GOODS
76-123. [Repealed]

CHAPTER VIII
OF INDEMNITY AND GUARANTEE
124. "Contract of indemnity" defined
125. Rights of indemnity- holder when sued
126. "Contract of guarantee", "surety", "principal debtor" and "creditor"
127. Consideration for guarantee
128. Surety's liability
129. "Continuing guarantee"
130. Revocation of continuing guarantee
131. Revocation of continuing guarantee by surety's death
132. Liability of two persons primarily liable, not affected by arrangement between them that one shall
be surety on other’s default
133. Discharge of surety by variance in terms of contract
134. Discharge of surety by release or discharge of principal debtor
135. Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal
debtor
136. Surety not discharged when agreement made with third person to give time to principal debtor
137. Creditor's forbearance to sue does not discharge surety
138. Release of one co-surety does not discharge others
139. Discharge of surety by creditor's act or omission impairing surety's eventual remedy
140. Rights of surety on payment or performance
141. Surety's right to benefit of creditor's securities
142. Guarantee obtained by misrepresentation invalid
143. Guarantee obtained by concealment invalid
144. Guarantee on contract that creditor shall not act on it until co-surety joins
145. Implied promise to indemnify surety
146. Co-sureties liable to contribute equally
147. Liability of co-sureties bound in different sums

CHAPTER IX
OF BAILMENT
148. "Bailment", "bailor", and "bailee" defined
149. Delivery to bailee how made
150. Bailor’s duty to disclose faults in goods bailed
151. Care to be taken by bailee
152. Bailee when not liable for loss, etc., of thing bailed
153. Termination of bailment by bailee's act inconsistent with conditions
154. Liability of bailee making unauthorised use of goods bailed
155. Effect of mixture, with bailor's consent, of his goods with bailee's
156. Effect of mixture, without bailor's consent, when the goods can be separated
157. Effect of mixture, without bailor's consent, when the goods cannot be separated
158. Repayment by bailor of necessary expenses
159. Restoration of goods lent gratuitously
160. Return of goods bailed on expiration of time or accomplishment of purpose
161. Bailee's responsibility when goods are not duly returned
162. Termination of gratuitous bailment by death
163. Bailor entitled to increase or profit from goods bailed
164. Bailor's responsibility to bailee
165. Bailment by several joint owners
166. Bailee not responsible on re-delivery to bailor without title
167. Right of third person claiming goods bailed
168. Right of finder of goods; may sue for specific reward offered
169. When finder of thing commonly on sale may sell it
170. Bailee's particular lien
171. General lien of bankers, factors, wharfingers, attorneys and policy- brokers
Bailments Of Pledges
172. "Pledge", "Pawnor" and "Pawnee" defined
173. Pawnee's right of retainer
174. Pawnee not to retain for debt or promise other than that for which goods pledged Presumption in
case of subsequent advances
175. Pawnee's right as to extraordinary expenses incurred
176. Pawnee’s right where pawnor makes default
177. Defaulting pawnor's right to redeem
178A. Pledge by person in possession under voidable contract
Bailments Of Pledges
178. Pledge by mercantile agent
Bailments Of Pledges
179. Pledge where pawnor has only a limited interest
Suits by Bailees or Bailors against Wrong-doers
180. Suit by bailor or bailee against wrong-doer
181. Apportionment of relief or compensation obtained by such suits

CHAPTER X
AGENCY
Appointment and Authority of Agents
182. "Agent" and "principal" defined
183. Who may employ agent
184. Who may be an agent
185. Consideration not necessary
186. Agent's authority may be expressed or implied
187. Definitions of express and implied authority
188. Extent of agent's authority
189. Agent's authority in an emergency
Sub-Agents
190. When agent cannot delegate
191. "Sub-agent" defined
192. Representation of principal by sub-agent properly appointed
Agent's responsibility for sub-agent
Sub-agent's responsibility
193. Agent's responsibility for sub-agent appointed without authority
194. Relation between principal and person duly appointed by agent to act in business of agency
195. Agent's duty in naming such person
Ratification
196. Right of person as to acts done for him without his authority. Effect of ratification
197. Ratification may be expressed or implied
198. Knowledge requisite for valid ratification
199. Effect of ratifying unauthorized act forming part of a transaction
200. Ratification of unauthorized act cannot injure third person
Revocation of Authority
201. Termination of agency
202. Termination of agency where agent has an interest in subject-matter
203. When principal may revoke agent's authority
204. Revocation where authority has been partly exercised
205. Compensation for revocation by principal or renunciation by agent
206. Notice of revocation or renunciation
207. Revocation and renunciation may be expressed or implied
208. When termination of agent's authority takes effect as to agent, and as to third persons
209. Agent's duty on termination of agency by principal's death or insanity
210. Termination of sub-agent's authority
Agent's Duty to Principal
211. Agent's duty in conducting principal's business
212. Skill and diligence required from agent
213. Agent's accounts
214. Agent's duty to communicate with principal
215. Right of principal when agent deals, on his own account, in business of agency without principal's
consent
216. Principal's right to benefit gained by agent dealing on his own account in business of agency
217. Agent's right of retainer out of sums received on principal's account
218. Agent's duty to pay sums received for principal
219. When agent's remuneration becomes due
220. Agent not entitled to remuneration for business mis-conducted
221. Agent's lien on principal's property
Principal’s Duty to Agent
222. Agent to be indemnified against consequences of lawful acts
223. Agent to be indemnified against consequences of acts done in good faith
224. Non-liability of employer of agent to do a criminal act
225. Compensation to agent for injury caused by principal's neglect
Effect of agency on contract with third persons
226. Enforcement and consequences of agent's contracts
227. Principal how far bound, when agent exceeds authority
228. Principal not bound when excess of agent's authority is not separable
229. Consequences of notice given to agent
230. Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
Presumption of contract to contrary
231. Rights of parties to a contract made by agent not disclosed
232. Performance of contract with agent supposed to be principal
233. Right of person dealing with agent personally liable
234. Consequence of inducing agent or principal to act on belief that principal or agent will be held
exclusively liable
235. Liability of pretended agent
236. Person falsely contracting as agent not entitled to performance
237. Liability of principal inducing belief that agent's unauthorized acts were authorized
238. Effect, on agreement, of misrepresentation or fraud by agent

CHAPTER XI
OF PARTNERSHIP
239-266. [Repealed]

The Hindu Widow's Re-marriage Act, 1856


SECTIONS
1. Marriage of Hindu widows legalized
2. Rights of widow in deceased husband's property to cease on her re-marriage
3. Guardianship of children of deceased husband on the re-marriage of his widow
4. Nothing in this Act to render any childless widow capable of inheriting
5. Saving of rights of widow marrying, except as provided in sections 2 to 4
6. Ceremonies constituting valid marriage to have same effect on widow's marriage
7.Consent to re-marriage of minor widow
Punishment for abetting marriage made contrary to this section.
Effect of such marriage.
Consent to re-marriage of major widow.

1
The Divorce Act, 1869
CHAPTER I
PRELIMINARY
1. Short Title Commencement of Act
2. Extent of Act
Extent of power to grant relief generally and to make decrees of dissolution, or of nullity
3. Interpretation-clause
CHAPTER II
JURISDICTION
4. Matrimonial jurisdiction of High Court Division to be exercised subject to Act Exception
5. [Omitted]
6. [Omitted]
7. Court to act on principles of English Divorce Court
8. Extraordinary jurisdiction of High Court Division
Power to transfer suits
9. Reference to High Court Division

CHAPTER III
DISSOLUTION OF MARRIAGE
10. When husband may petition for dissolution
Contents of petition
When wife may petition for dissolution
11. Adulterer to be co-respondent
12. Court to be satisfied of absence of collusion
13. Dismissal of petition
14. Power to Court to pronounce decree for dissolving marriage
Condonation
15. Relief in case of opposition on certain grounds
16. Decrees for dissolution to be nisi
Collusion
17A. Appointment of officer to exercise duties of King’s Proctor
17. Confirmation of decree for dissolution by District Judge

CHAPTER IV
NULLITY OF MARRIAGE
18. Petition for decree of nullity
19. Grounds of decree
20. Confirmation of District Judge’s decree
21. Children of annulled marriage

CHAPTER V
JUDICIAL SEPARATION
22. Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife
23. Application for separation made by petition
24. Separated wife deemed spinster with respect to after acquired property
25. Separated wife deemed spinster for purposes of contract and suing
REVERSAL OF DECREE OF SEPARATION
26. Decree of separation obtained during absence of husband or wife may be reversed

CHAPTER VI
PROTECTION-ORDERS
27. Deserted wife may apply to Court for protection
28. Court may grant protection-order
29. Discharge or variation of orders
30. Liability of husband seizing wife’s property after notice of order
31. Wife’s legal position during continuance of order

CHAPTER VII
RESTITUTION OF CONJUGAL RIGHTS
32. Petition for restitution of conjugal rights
33. Answer to petition
CHAPTER VIII
DAMAGES AND COSTS
34. Husband may claim damages from adulterer
35. Power to order adulterer to pay costs Power to order litigious intervenor to pay costs
CHAPTER IX
ALIMONY
36. Alimony pendente lite
37. Power to order permanent alimony Power to order monthly or weekly payments
38. Court may direct payment of alimony to wife or to her trustee

CHAPTER X
SETTLEMENTS
Settlement of damages
39. Power to order settlements of wife’s property for benefit of husband and children
40. Inquiry into existence of ante-nuptial or post-nuptial settlement
CHAPTER XI
CUSTODY OF CHILDREN
41. Power to make orders as to custody of children in suit for separation
42. Power to make such orders after decree
43. Power to make orders as to custody of children in suits for dissolution or nullity
44. Power to make such orders after decree or confirmation

CHAPTER XII
PROCEDURE
45. Code of Civil Procedure to apply
46. Forms of petitions and statements
47. Stamp on petition Petition to state absence of collusion
Statements to be verified
48. Suits on behalf of lunatics
49. Suits by minors
50. Service of petition
51. Mode of taking evidence
52. Competence of husband and wife to give evidence as to cruelty or desertion
53. Power to close doors
54. Power to adjourn
55. Enforcement of and appeals from orders and decrees No appeal as to costs
56. Appeal to Appellate Division of the Supreme Court

CHAPTER XIII
RE-MARRIAGE
57. Liberty to parties to marry again
58. English clergyman not compelled to solemnize marriages of persons divorced for adultery
59. English minister refusing to perform ceremony to permit use of his church

CHAPTER XIV
MISCELLANEOUS

60. Decree for separation or protection-order valid as to persons dealing with wife before reversal
Indemnity of persons making payment to wife without notice of reversal of decree or protection order
61. Bar of suit for criminal conversation
62. Power to make rules

1
The Court-fees Act, 1870

CHAPTER I
PRELIMINARY
1. Short title
Extent of Act
Commencement of Act
1A. [Omitted]
2. Definitions
CHAPTER II
FEES PAYABLE IN COURTS AND IN PUBLIC OFFICES
3. Levy of fees in the High Court Division on their original sides
4. Fees on documents filed, etc., in the High Court Division in their extraordinary jurisdiction;
in their appellate jurisdiction;
as Courts of reference and revision
5. Procedure in case of difference as to necessity or amount of fee
6. Fees on documents filed, etc., in Mufassil Courts or in public offices
CHAPTER III
COMPUTATION OF FEES
7. Computation of fees payable in certain suits
(i) for money;
(ii) for maintenance and annuities;
(iii) for moveable property having a market-value;
(vi) to enforce a right of pre-emption;
(viA) for partition and separate possession of a share of joint family property, etc.
(iv) (a) for moveable property of no market- value;(b) [Omitted](c) for declaratory decree and
consequential relief;(d) for an injunction;(e) for easements;(f) for accounts;
(v) for possession of land, buildings or gardens;
(vii) for interest of assignee of land revenue;
(viii) to set aside an attachment;
(viiiA) to set aside decrees;
(ix) to redeem; to foreclose;
(x) for specific performance;
(xii) in suits not expressly provided for in this section.
(xi) between landlord and tenant;
8. Fee on memorandum of appeal against order relating to compensation
8A. Statement of particulars of subject-matter of suits and plaintiff's valuation thereof
8C. Inquiry as to valuation of suits
8F. Costs of inquiry as to valuation and refund of excess fee
8B. Procedure where insufficient Court-fee is filed on plaint or memorandum of appeal
8D. Investigation to ascertain proper valuation
8E. Power of persons making inquiry under sections 8C and 8D
9 and 10. [Repealed]
11. Procedure in suits for mesne profits or accounts when amount found due exceeds amount claimed
Refund where amount decreed is less than amount claimed
12. Decision of questions as to valuation
13. Refund of fee paid on memorandum of appeal
14. Refund of fee on application for review of judgment
15. Refund where Court reverses or modifies its former decision on ground of mistake
16. [Repealed]
17. Multifarious suits
18. Written examinations of complainants
19. Exemption of certain documents
2
CHAPTER IIIA
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION

19D. Probates declared valid as to trust-property though not covered by court-fee


19F. Administrator to give proper security before letters stamped under section 19E
19-I. Payment of court-fees in respect of probates and letters of administration
19J. Recovery of penalties, etc.
19K. Section 6 and 28 not to apply to probates or letters of administration
19A. Relief where too high a court-fee has been paid
19B. Relief where debts due from a deceased person have been paid out of his estate
19C. Relief in case of several grants
19E. Provision for case where too low a court-fee has been paid on probates, etc.
19G. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of
under-payment
19H. Notice of applications for probate or letters of administration to be given to Revenue-authorities,
and procedure thereon
CHAPTER IV
PROCESS-FEES
Confirmation and publication of rules
20. Rules as to costs of processes
21. Tables of process-fees
22. Number of peons in District and subordinate Courts
Number of peons in Mofussil Small Cause Courts
23. Number of peons in Revenue Courts
24. [Repealed]
CHAPTER V
OF THE MODE OF LEVYING FEES
25. Collection of Fees by stamps or through electronically or digitally, etc.
26. Stamps to be impressed or adhesive
27. Rules for supply, number, renewal and keeping accounts of stamps
28. Stamping documents inadvertently received
29. Amended document
30. Cancellation of stamp
CHAPTER VI
MISCELLANEOUS
31. [Repealed]
32. [Repealed]
33. Administration in criminal cases of documents for which proper fee has not been paid
34A. Enlargement of time
34. Sale of stamps
35. Power to suspend, reduce or remit fees
35A. Variation of rates
36. Saving of fees to certain officers of the High Court Division
37. Mode of refund

The Negotiable Instruments Act, 1881


CHAPTER I
PRELIMINARY
1. Short title
Local extent Saving of usages relating to hundis, etc. Commencement
1A. Application of the Act
2. [Repealed]
3. Interpretation-clause.

CHAPTER II
OF NOTES, BILLS AND CHEQUES
4. “Promissory note”
5. “Bill of exchange”
6. “Cheque”
7. “Drawer” “Drawee” “Drawee in case of need” “Acceptor” “Acceptor for honour” “Payee”
8. “Holder”
9. “Holder in due course”
10. “Payment in due course”
11. Inland instrument
12. Foreign instrument
13. “Negotiable instrument”
14. Negotiation
15. Indorsement
16. Indorsement “in blank” and “in full” “Indorsee”
17. Ambiguous instruments
18. Where amount is stated differently in figures and words
19. Instruments payable on demand.
20. Inchoate stamped instruments
21. “At sight” “On presentment” “After sight”
21A. When note or bill payable on demand is overdue
21B. A note or bill payable at a determinable future time
21C. Anti-dating and post-dating
22. “Maturity” Days of grace
23. Calculating maturity of bill or note payable so many months after date or sight
24. Calculating maturity of bill or note payable so many days after date or sight
25. When day of maturity is a holiday

CHAPTER III
PARTIES TO NOTES, BILLS AND CHEQUES
26. Capacity to make, etc., promissory notes, etc.
Minor
27. Agency
27A. Authority of partner
28. Liability of agent signing
28A. Transferor by delivery and transferee
29. Liability of legal representative signing
29A. Signature essential to liability
29B. Forged or unauthorised signature
29C. Stranger signing instrument presumed to be indorser
30. Liability of drawer
31. Liability of drawee of cheque
32. Liability of maker of note and acceptor of bill
33. Only drawee can be acceptor except in need or for honour
34. Acceptance by several drawees not partners
35. Liability of indorser
36. Liability of prior parties to holder in due course
37. Maker, drawer and accept or principals
38. Prior party a principal in respect of each subsequent party
38A. Liability of accommodation party and position of accommodation party
39. Suretyship
40. Discharge of indorser’s liability
41. Acceptor bound although indorsement forged
42. Acceptance of bill drawn in fictitious name
43. Negotiable instrument made, etc., without consideration
44. Partial absence or failure of money-consideration
45. Partial failure of consideration not consisting of money
45A. Holder’s right to duplicate of lost bill

PART IV
OF NEGOTIATION
46. Delivery
47. Negotiation by delivery
48. Negotiation by indorsement
49. Conversion of indorsement in blank into indorsement in full
50. Effect of indorsement
51. Who may negotiate
52. Indorser who excludes his own liability or makes it conditional
53A. Rights of holder in due course
53. Holder claiming through holder in due course
54. Instrument indorsed in blank
55. Conversion of indorsement in blank into indorsement in full
56. Requisites of indorsement
57. Legal representative cannot by delivery only negotiate instrument indorsed by deceased
57A. Negotiation of instrument of party already liable thereon
57B. Rights of holder
58. Defective title
59. Instrument acquired after dishonour or when overdue
Accommodation note or bill
60. Instrument negotiable till payment or satisfaction

CHAPTER V
OF PRESENTMENT
61. Presentment for acceptance
62. Presentment of promissory note for sight
63. Drawee’s time for deliberation
64. Presentment for payment
65. Hours for presentment
66. Presentment for payment of instrument payable after date or sight
67. Presentment for payment of promissory note payable by instalments
68. Presentment for payment of instrument payable at specified place and not elsewhere
69. Instrument payable at specified place
70. Presentment where no exclusive place specified
71. Presentment when maker, etc., has no known place of business or residence
71A. What constitutes valid presentment and mode of presentment
72. Presentment of cheque to charge drawer
73. Presentment of cheque to charge any other person
74. Presentment of instrument payable on demand
75. Presentment by or to agent, representative of deceased, or assignee of insolvent
75A. Excuse for delay in presentment for acceptance or payment
76. When presentment unnecessary
77. Liability of banker for negligently dealing with bill presented for payment

CHAPTER VI
OF PAYMENT AND INTEREST
78. To whom payment should be made
79. Interest when rate specified or not specified
80. Interest when no rate specified
81. Delivery of instrument on payment, or indemnity in case of loss

CHAPTER VII
OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES
82. Discharge from liability-
(a) by cancellation
(b) by release
(c) by payment
83. Discharge by allowing drawee more than forty-eight hours to accept
84. When cheque not duly presented and drawer damaged thereby
85. Cheque payable to order
85A. Drafts drawn by one branch of a bank on another payable to order
86. Parties not consenting discharged by qualified or limited acceptance
87. Effect of material alteration
Alteration by indorsee
88. Acceptor or indorser bound notwithstanding previous alteration
89. Payment of instrument on which alteration is not apparent
90. Extinguishment of rights of action on bill in acceptor’s hands

CHAPTER VIII
OF NOTICE OF DISHONOUR
91. Dishonour by non-acceptance
92. Dishonour by non-payment
93. By and to whom notice should be given
94. Mode in which notice may be given
95. Party receiving must transmit notice of dishonour
96. Agent for presentment
97. When party to whom notice given is dead
98. When notice of dishonour is unnecessary

CHAPTER IX
OF NOTING AND PROTEST
99. Noting
100. Protest
Protest for better security
101. Contents of protest
102. Notice of protest
103. Protest for non-payment after dishonour by non-acceptance
104. Protest of foreign bills
104A. When noting equivalent to protest

CHAPTER X
OF REASONABLE TIME
105. Reasonable time
106. Reasonable time of giving notice of dishonour
107. Reasonable time for transmitting such notice

CHAPTER XI
OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF NEED
108. Acceptance for honour
109. How acceptance for honour must be made
110. Acceptance not specifying for whose honour it is made
111. Liability of acceptor for honour
112. When acceptor for honour may be charged
113. Payment for honour
114. Right of payer for honour
115. Drawee in case of need
116. Acceptance and payment without protest

CHAPTER XII
OF COMPENSATION
117. Rules as to compensation

CHAPTER XIII
SPECIAL RULES OF EVIDENCE
118. Presumptions as to negotiable instruments- (a) of consideration; (b) as to date; (c) as to time of
acceptance; (d) as to time of transfer; (e) as to order of indorsements; (f) as to stamp; (g) that holder is a
h
119. Presumption on proof of protest
120. Estoppel against denying original validity of instrument
121. Estoppel against denying capacity of payee to indorse
122. Estoppel against denying signature or capacity of prior party

CHAPTER XIV
SPECIAL PROVISIONS RELATING TO CHEQUES
122A. Revocation of Banker’s authority
123. Cheque crossed generally
123A. Cheque crossed “account- payee”
124. Cheque crossed specially
125A Crossing a material part of a cheque
125. Crossing after issue
126. Payment of cheque crossed generally
Payment of cheque crossed specially
127. Payment of cheque crossed specially more than once.
128. Payment in due course of crossed cheque
129. Payment of crossed cheque out of due course
130. Cheque bearing “not negotiable”
131. Non-liability of banker receiving payment of cheque
131A. Application of Chapter to drafts
131B. Protection to banker crediting cheque crossed “account- payee”
131C. Cheque not operating as assignment of funds

CHAPTER XV
SPECIAL PROVISIONS RELATING TO BILLS OF EXCHANGE
131D.Several drawees
131E. In whose favour a bill may be drawn
131F. When presentment for acceptance is necessary
131H. Holder’s right of recourse against drawn and indorsers
131-I. Holder may refuse qualified acceptance
131G. When presentment excused
132. Set of bills
133. Holder of first acquired part entitled to all

CHAPTER XVI
OF INTERNATIONAL LAW
134. Law governing liability of parties to a foreign instrument
135. [Omitted]
136. Instrument made, etc., outside Bangladesh, but in accordance with their law
137. Presumption as to foreign law

2
CHAPTER XVII
ON PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE
ACCOUNT
138A. Restriction in respect of appeal
138. Dishonour of cheque for insufficiency, etc. of funds in the account
139. [Omitted]
140. Offences of Companies
141. Cognizance of offences

The Easements Act, 1882


PRELIMINARY
1. Short title
Extent
Commencement
2. Savings
3. Construction of certain references to Act IX of 1908

CHAPTER I
OF EASEMENTS GENERALLY
4. “Easement” defined
Dominant and servient heritages and owners
5. Continuous and discontinuous, apparent and non-apparent, easements
6. Easement for limited time or on condition
7. Easements restrictive of certain rights
(a)Exclusive right to enjoy
(b)Rights to advantages arising from situation

CHAPTER II
THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
8. Who may impose easements
9. Servient owners
10. Lessor and mortgagor
11. Lessee
12. Who may acquire easements
13. Easements of necessity and quasi easements
14. Direction of way of necessity
15. Acquisition by prescription
16. Exclusion in favour of reversioner of servient heritage
17. Rights which cannot be acquired by prescription
18. Customary easements
19. Transfer of dominant heritage passes easement

CHAPTER III
THE INCIDENTS OF EASEMENTS
20. Rules controlled by contract or title
Incidents of customary easements
21. Bar to use unconnected with enjoyment
22. Exercise of easement Confinement of exercise of easement
23. Right to alter mode of enjoyment
24. Right to do acts to secure enjoyment Accessory rights
Accessory rights
25. Liability for expenses necessary for preservation of easement
26. Liability for damage from want of repair
27. Servient owner not bound to do anything
28.Extent of easements
Easement of necessity
Other Easements-
(a) Right of way
(b) Right to light or air acquired by grant
(c) Prescriptive right to light or air
(d) Prescriptive right to pollute air or water
(e) Other prescriptive rights
29. Increase of easement
30. Partition of dominant heritage
31. Obstruction in case of excessive user

CHAPTER IV
THE DISTURBANCE OF EASEMENTS
32. Right to enjoyment without disturbance
33. Suit for disturbance of easement
34. When cause of action arises for removal of support
35. Injunction to restrain disturbance
36. Abatement of obstruction of easement

CHAPTER V
THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS
37. Extinction by dissolution of right of servient owner
38. Extinction by release
39. Extinction by revocation
40. Extinction on expiration of limited period or happening of dissolving condition
41. Extinction on termination of necessity
42. Extinction of useless easement
43. Extinction by permanent change in dominant heritage
44. Extinction on permanent alteration of servient heritage by superior force
45. Extinction by destruction of either heritage
46. Extinction by unity of ownership
47. Extinction by non-enjoyment
48. Extinction of accessory rights
49. Suspension of easement
50. Servient owner not entitled to require continuance
Compensation for damage caused by extinguishment or suspension
51. Revival of easements

CHAPTER VI
LICENSES
52. “License” defined
53. Who may grant license
54. Grant may be express or implied
55. Accessory licenses annexed by law
56. License when transferable
57. Grantor’s duty to disclose defects
58. Grantor’s duty not to render property unsafe
59. Grantor’s transferee not bound by license
60. License when revocable
61. Revocation express or implied
62. License when deemed revoked
63. Licensee’s rights on revocation
64. Licensee’s rights on eviction

The Suits Valuation Act, 1887

1. Title

PART I
SUITS RELATING TO LAND
2. Extent and commencement of Part I
3. Power for Government to make rules determining value of land for jurisdictional purposes
4. Valuation of relief in certain suits relating to land not to exceed the value of the land
5. Making and enforcement of rules
6. [Repealed]

PART II
OTHER SUITS
7. Extent and commencement of Part II
8. Court-fee value and jurisdictional value to be the same in certain suits
9. Determination of value of certain suits by Supreme Court
10. [Repealed]
PART III
SUPPLEMENTAL PROVISIONS

11. Procedure where objection is taken on appeal or revision that a suit or appeal was not properly
valued for jurisdictional purposes

12.Proceedings pending at commencement of Part I or Part II

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