Who is a Court who is not?

1)    Court-

Court includes all Judges and Magistrates,and all persons except Arbitrators, legally authorized to take evidence.

A Court is a governmental institution with the authority to decide legal disputes between the parties. All kinds of persons are free to bring their disputes to the court and seek a fair judgement.

The Judiciary is the system who interprets and applies the Law. The place where the court consists is known as a venue. The room where the court proceedings are held is known as a Court room.

A Court is constituted by a minimum of three parties-

  • The Plaintiff-is a person who complains for an injury caused to him.
  • The Defendant-is a person who defenses himself against the complaint made by the plaintiff against the defendant and,
  • The Judicial power-who is to examine the truth of the fact and deliver a judgement.

Besides this Advocates of both the parties.

According to the judicial propositions the followings do not fall under the categories of the court:

Tribunal: A tribunal is not necessarily a court in the strict sense because it gives a final decision. in the case of Shell company of Australia limited vs. Federal Commissioner of Taxation,

Revenue: The function of the Revenue Officer is not judicial function and therefore doese not constitute a court. In Idrish Ali Vs. State  The court held that a revenue officer dealing with mutation case does not constitute a court within the meaning of section 195(1) of the Criminal Procedure Code.

Though a Committing Magistrate is a court but a magistrate holding a preliminary inquiry under section 164 of the Criminal Procedure Code is not a court.

A Commissioner appointed Under Order 26 Rule 16 of the Civil Procedure code under section 503-505 of Criminal Procedure Code is not the Court.

Law Help Bangladesh

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