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Supreme Court of Bangladesh

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123-962: Supreme Court of Bangladesh ( Bengali : বাংলাদেশ সুপ্রীম কোর্ট , romanized :  Bānlādēś suprīm kōrṭ ) is the highest court of law in Bangladesh . It is composed of the High Court Division and the Appellate Division, and was created by Part VI Chapter I (article 94) of the Constitution of Bangladesh adopted in 1972. This is also the office of the Chief Justice , Appellate Division Justices, and High Court Division Justices of Bangladesh. As of August 2024, there are 6 Justices in Appellate Division and 78 Justices (76 are permanent and 2 are additional) in High Court Division. The Supreme Court of Bangladesh

246-467: A Supreme Judicial Council to investigate alleged misconduct of High Court judge Justice Mizanur Rahman Bhuiyan after he distributed copies of a 17 February The Daily Inqilab report, termed slain (on 15 February 2013) 2013 Shahbag protests activist and blogger Ahmed Rajib Haider was a moortad ( heretic ), among the justices of the Supreme Court of Bangladesh. Justice A B M Altaf Hossain

369-589: A "Key Numbering System" with a unique number for every conceivable legal topic. The U.S. federal government does not publish an official reporter for the federal courts at the circuit and district levels. However, just as the UK government uses the ICLR reporters by default, the U.S. courts use the unofficial West federal reporters for cases after 1880, which are the Federal Reporter (for courts of appeals) and

492-500: A bid to lessen this burden on young learners, efforts have been made by educational institutions in the two main Bengali-speaking regions (West Bengal and Bangladesh) to address the opaque nature of many consonant clusters, and as a result, modern Bengali textbooks are beginning to contain more and more "transparent" graphical forms of consonant clusters, in which the constituent consonants of a cluster are readily apparent from

615-654: A computerized legal research system. The Commonwealth Law Reports are the authorised reports of decision of the High Court of Australia . The Federal Court Reports are the authorised reports of decisions of the Federal Court of Australia (including the Full Court). Each state and territory has a series of authorised reports, e.g. the Victorian Reports, of decisions of the superior courts of

738-493: A court of a superior (sometimes, the same) jurisdiction dealing with a similar set of facts. Thus, the regular publication of such opinions is important so that everyone— lawyers , judges , and laymen—can all find out what the law is, as declared by judges. Official law reports or reporters are those authorized for publication by statute or other governmental ruling. Governments designate law reports as official to provide an authoritative, consistent, and authentic statement of

861-596: A different word from a speaker of Standard Bengali in Bangladesh, even though both words are of native Bengali descent. For example, the word salt is লবণ lôbôṇ in the east which corresponds to নুন nun in the west. Bengali exhibits diglossia , though some scholars have proposed triglossia or even n-glossia or heteroglossia between the written and spoken forms of the language. Two styles of writing have emerged, involving somewhat different vocabularies and syntax : Linguist Prabhat Ranjan Sarkar categorises

984-480: A diphthong. The total number of diphthongs is not established, with bounds at 17 and 31. An incomplete chart is given by Sarkar (1985) of the following: In standard Bengali, stress is predominantly initial. Bengali words are virtually all trochaic ; the primary stress falls on the initial syllable of the word, while secondary stress often falls on all odd-numbered syllables thereafter, giving strings such as in সহযোগিতা shô -hô- jo -gi- ta "cooperation", where

1107-414: A jurisdiction's primary law . Official case law publishing may be carried out by a government agency, or by a commercial entity. Unofficial law reports, on the other hand, are not officially sanctioned and are published as a commercial enterprise. In Australia and New Zealand (see below), official reports are called authorised reports—unofficial reports are referred to as unauthorised reports. For

1230-692: A large scale and were communally limited. Owing to Bengal's geographic location, Bengali areas bordering non-Bengali regions have been influenced by each other. Small numbers of people in Midnapore , which borders Odisha , have used the Odia script to write in Bengali. In the border areas between West Bengal and Bihar , some Bengali communities historically wrote Bengali in Devanagari , Kaithi and Tirhuta . In Sylhet and Bankura , modified versions of

1353-682: A majority in Bangladesh speaks dialects notably different from SCB. Some dialects, particularly those of the Chittagong region, bear only a superficial resemblance to SCB. The dialect in the Chittagong region is least widely understood by the general body of Bengalis. The majority of Bengalis are able to communicate in more than one variety – often, speakers are fluent in Cholitobhasha (SCB) and one or more regional dialects. Even in SCB,

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1476-520: A part in the adoption of the English alphabet to write Bengali, with certain social media influencers publishing entire novels in Roman Bengali. Law report#Bangladesh Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts . When a particular judicial opinion is referenced, the law report series in which

1599-424: A rejoinder that said traffic police are under no obligations to salute anyone and they could do so if it was safe. Bangladesh High Court bench of Justice M A Matin and Justice Syed Refat Ahmed issued a contempt of court charge against Haque which automatically removed him from the post of Inspector General according to the law. The government of Bangladesh secured a presidential pardon that protected Haque's job. He

1722-576: A rounded total of 280 million) worldwide. The Bengali language is native to the region of Bengal , which comprises the present-day nation of Bangladesh and the Indian state of West Bengal . Besides the native region it is also spoken by the Bengalis living in Tripura , southern Assam and the Bengali population in the Indian union territory of Andaman and Nicobar Islands . Bengali is also spoken in

1845-408: A special diacritic, called the hôsôntô (্) , may be added below the basic consonant grapheme (as in ম্ [m] ). This diacritic, however, is not common and is chiefly employed as a guide to pronunciation. The abugida nature of Bengali consonant graphemes is not consistent, however. Often, syllable-final consonant graphemes, though not marked by a hôsôntô , may carry no inherent vowel sound (as in

1968-592: A specific group of states. The National Reporter System is now the dominant unofficial reporter system in the U.S., and 21 states have discontinued their own official reporters and certified the appropriate West regional reporter as their official reporter. West and its rival, LexisNexis , both publish unofficial reporters of U.S. Supreme Court opinions. West also publishes the West American Digest System to help lawyers find cases in its reporters. West digests and reporters have always featured

2091-581: A state language of the then Dominion of Pakistan . On 21 February 1952, five students and political activists were killed during protests near the campus of the University of Dhaka ; they were the first ever martyrs to die for their right to speak their mother tongue. In 1956, Bengali was made a state language of Pakistan. 21 February has since been observed as Language Movement Day in Bangladesh and has also been commemorated as International Mother Language Day by UNESCO every year since 2000. In 2010,

2214-463: A vowel in isolation from any preceding or following consonant, the independent form of the vowel is used. For example, in মই [moj] "ladder" and in ইলিশ [iliʃ] "Hilsa fish", the independent form of the vowel ই is used (cf. the dependent form ি) . A vowel at the beginning of a word is always realised using its independent form. In addition to the inherent-vowel-suppressing hôsôntô , three more diacritics are commonly used in Bengali. These are

2337-500: Is Bangladesh's national march, written by The National Poet Kazi Nazrul Islam in Bengali in 1928. It was adopted as the national marching song by the Bangladeshi government in 1972. Additionally, the first two verses of Vande Mataram , a patriotic song written in Bengali by Bankim Chandra Chatterjee , was adopted as the "national song" of India in both the colonial period and later in 1950 in independent India. Furthermore, it

2460-546: Is Chancery Law Chronicles, which now publishes verdicts of Supreme Court of Bangladesh. After the Supreme Court of Bangladesh was established in 1972, its online law report is Supreme Court Online Bulletin and it initially published a law report, containing the judgments, orders and decisions of the Court. Another widely used law report in the country is the Bangladesh Legal Decisions which is published by

2583-468: Is a cursive script with eleven graphemes or signs denoting nine vowels and two diphthongs , and thirty-nine graphemes representing consonants and other modifiers. There are no distinct upper and lower case letter forms. The letters run from left to right and spaces are used to separate orthographic words . Bengali script has a distinctive horizontal line running along the tops of the graphemes that links them together called মাত্রা matra . Since

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2706-480: Is a virtue and a service to the people, then verdicts should be given in Bengali. He also stated that if the people of the country want that all works in the Supreme Court must be operated in Bengali, then the representatives of the people in the Jatiya Sangsad (Parliament of Bangladesh) must enact and implement law to ensure the use of Bengali in the Supreme Court. Former Chief Justice Surandra Kumar Sinha

2829-572: Is also spoken by the Bengali diasporas ( Bangladeshi diaspora and Indian Bengalis) across Europe, North America, the Middle East and other regions. Bengali was accorded the status of a classical language by the government of India on 3 October 2024. It is the second most spoken and fourth fastest growing language in India , following Hindi in the first place, Kashmiri in the second place, and Meitei ( Manipuri ), along with Gujarati , in

2952-400: Is an abugida , a script with letters for consonants, with diacritics for vowels, and in which an inherent vowel (অ ô ) is assumed for consonants if no vowel is marked. The Bengali alphabet is used throughout Bangladesh and eastern India (Assam, West Bengal, Tripura). The Bengali alphabet is believed to have evolved from a modified Brahmic script around 1000 CE (or 10th–11th century). It

3075-500: Is available, permitted parties to rely on any report "with the name of a barrister annexed to it". While maritime cases often have a contract or tort element and are reported in the standard volumes, the standard source for maritime cases is the Lloyd's Law Reports, which covers matters including maritime matters such as carriage of goods by sea , international trade law , and admiralty law . The Session Cases report cases heard in

3198-707: Is believed by many that the national anthem of Sri Lanka ( Sri Lanka Matha ) was inspired by a Bengali poem written by Rabindranath Tagore , while some even believe the anthem was originally written in Bengali and then translated into Sinhala . After the contribution made by the Bangladesh UN Peacekeeping Force in the Sierra Leone Civil War under the United Nations Mission in Sierra Leone ,

3321-721: Is considered a separate language, although it shares similarities to Northern Bengali dialects. During the standardisation of Bengali in the 19th century and early 20th century, the cultural centre of Bengal was in Kolkata , a city founded by the British. What is accepted as the standard form today in both West Bengal and Bangladesh is based on the West-Central dialect of Nadia and Kushtia District . There are cases where speakers of Standard Bengali in West Bengal will use

3444-437: Is divided into two parts: the Appellate Division and the High Court Division. The High Court Division hears appeals from lower courts and tribunals; it also has original jurisdiction in certain limited cases, such as writ applications under Article 101 of the Constitution of Bangladesh , and company and admiralty matters. The Appellate Division has jurisdiction to hear appeals from the High Court Division under article 103 of

3567-404: Is known as Apabhraṃśa , by the end of the first millennium. The Bengali language evolved as a distinct language over the course of time. Though some archaeologists claim that some 10th-century texts were in Bengali, it is not certain whether they represent a differentiated language or whether they represent a stage when Eastern Indo-Aryan languages were differentiating. The local Apabhraṃśa of

3690-490: Is set out below in the International Phonetic Alphabet (upper grapheme in each box) and romanisation (lower grapheme). Bengali is known for its wide variety of diphthongs , combinations of vowels occurring within the same syllable . Two of these, /oi̯/ and /ou̯/ , are the only ones with representation in script, as ঐ and ঔ respectively. /e̯ i̯ o̯ u̯/ may all form the glide part of

3813-689: Is supplemented by other reports such as the Scottish Civil Case Reports and Green's Weekly Digest. In each state of the United States , there are published reports of all cases decided by the courts having appellate jurisdiction going back to the date of their organization. There are also complete reports of the cases decided in the United States Supreme Court and the inferior federal courts having appellate jurisdiction since their creation under

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3936-405: Is the fifth most spoken native language and the seventh most spoken language by the total number of speakers in the world. It is the fifth most spoken Indo-European language . Bengali is the official , national , and most widely spoken language of Bangladesh , with 98% of Bangladeshis using Bengali as their first language. It is the second-most widely spoken language in India . It

4059-652: Is the most-cited law journal and it ranks among the country's most-cited law reviews of any kind. Published monthly, the MLR provides timely treatment of significant developments in law through articles contributed by judges, leading scholars and practitioners. Bangladesh Legal Decisions is published under the authority of the Bangladesh Bar Council. The other law reports include Bangladesh Law Chronicles, Lawyers and Jurists, BCR, ADC, Bangladesh Legal Times and Bangladesh Law Times. The online law report in Bangladesh

4182-686: Is the official language of the Indian states of West Bengal and Tripura and the Barak Valley region of the state of Assam . It is also the second official language of the Indian state of Jharkhand since September 2011. It is the most widely spoken language in the Andaman and Nicobar Islands in the Bay of Bengal , and is spoken by significant populations in other states including Bihar , Arunachal Pradesh , Delhi , Chhattisgarh , Meghalaya , Mizoram , Nagaland , Odisha and Uttarakhand . Bengali

4305-487: Is the official reporter for Supreme Court decisions. In addition, some private reporters have been authorised to publish the Court's decisions. Pakistan inherited a common law system upon independence from Great Britain in 1947, and thus its legal system relies heavily on law reports. The most comprehensive law book is the "Pakistan Law Decisions" (PLD), which contains judgments from the Supreme Court of Pakistan ,

4428-498: Is the post of Additional Judge who are appointed from the practising Advocates of the Supreme Court Bar Association and from the judicial service under the provision of Article 98 of the constitution for a period of two years. The current ratio of such appointment is 80%–20%. Upon successful completion of this period and upon recommendation by the Chief Justice an Additional Judge is appointed permanently by

4551-659: The Federal Supplement (for district courts). For cases from federal circuit and district courts prior to 1880, U.S. courts use Federal Cases . The Federal Reporter , the Federal Supplement , and Federal Cases are all part of the NRS and include headnotes marked with West key numbers. West's NRS also includes several unofficial state-specific reporters for large states like California . The NRS now numbers well over 10,000 volumes; therefore, only

4674-553: The United States Patents Quarterly (USPQ). Today, both Westlaw and LexisNexis also publish a variety of official and unofficial reporters covering the decisions of many federal and state administrative agencies which possess quasi-judicial powers. A recent trend in American states is for bar associations to join a consortium called Casemaker . Casemaker gives members of a state bar access to

4797-509: The Aesop's Fables in Bengali was printed using Roman letters based on English phonology by the Scottish linguist John Gilchrist . Consecutive attempts to establish a Roman Bengali have continued across every century since these times, and have been supported by the likes of Suniti Kumar Chatterji , Muhammad Qudrat-i-Khuda , and Muhammad Enamul Haq . The Digital Revolution has also played

4920-498: The Apex Law Reports (ALR) provides timely treatment of significant developments in law through articles contributed by judges, leading scholars and practitioners. The Law Messenger is an internationally standard law report which started publication in 2016. It is the first law journal in Bangladesh which specifically publishes law decisions of Supreme Court of Bangladesh, India and Pakistan only. Mainstream Law Reports (MLR)

5043-615: The Arabic , Persian , and Turkic languages . The arrival of merchants and traders from the Middle East and Turkestan into the Buddhist -ruling Pala Empire , from as early as the 7th century, gave birth to Islamic influence in the region. In the 13th century, subsequent Arab Muslim and Turco-Persian expeditions to Bengal heavily influenced the local vernacular by settling among the native population. Bengali absorbed Arabic and Persian influences in its vocabulary and dialect, including

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5166-414: The Constitution of Bangladesh states Bengali to be the sole official language of Bangladesh. The Bengali Language Implementation Act, 1987 , made it mandatory to use Bengali in all records and correspondences, laws, proceedings of court and other legal actions in all courts, government or semi-government offices, and autonomous institutions in Bangladesh. It is also the de facto national language of

5289-536: The Free Access to Law Movement . Many law librarians and academics have commented on the changing system of legal information delivery brought about by the rapid growth of the World Wide Web . Professor Bob Berring writes that the "primacy of the old paper sets [print law reports] is fading, and a vortex of conflicting claims and products is spinning into place". In theory, court decisions posted on

5412-720: The High Court , Court of Appeal and Supreme Court of New Zealand . The reports, which were initially sorted by volume, are sorted by year. Three volumes per year are now published, with the number of volumes having increased over time from one, to two and now to three. The reports do not focus on any particular area of law, with subject specific reports filling this niche. There are approximately 20 privately published report series focusing on specialist areas of law. Some areas are covered by more than one report series—such as employment, tax and family law. Most Irish law reports are contained in The Irish Reports (IR), published by

5535-579: The Kaithi script had some historical prominence, mainly among Muslim communities. The variant in Sylhet was identical to the Baitali Kaithi script of Hindustani with the exception of Sylhet Nagri possessing matra . Sylhet Nagri was standardised for printing in c.  1869 . Up until the 19th century, numerous variations of the Arabic script had been used across Bengal from Chittagong in

5658-723: The Middle Indo-Aryan dialects were influential in the first millennium when Bengal was a part of the Greater Magadhan realm. The local varieties had no official status during the Gupta Empire , and with Bengal increasingly becoming a hub of Sanskrit literature for Hindu priests, the vernacular of Bengal gained a lot of influence from Sanskrit. Magadhi Prakrit was also spoken in modern-day Bihar and Assam , and this vernacular eventually evolved into Ardha Magadhi . Ardha Magadhi began to give way to what

5781-524: The Nadia region . Bengali shows a high degree of diglossia , with the literary and standard form differing greatly from the colloquial speech of the regions that identify with the language. Modern Bengali vocabulary is based on words inherited from Magadhi Prakrit and Pali, along with tatsamas and reborrowings from Sanskrit and borrowings from Persian , Arabic , Austroasiatic languages and other languages with which it has historically been in contact. In

5904-616: The President of Bangladesh under the provision of Article 95 of the Constitution. The judges of the Appellate Division are also appointed by the President of Bangladesh under the same provision. All such appointments come into effect on and from the date of taking oath by the appointee under the provision of Article 148 of the constitution. A judge of the Bangladesh Supreme Court holds office until they attain

6027-791: The Supreme Court Reports . There are also general reporters, such as the long-running Dominion Law Reports , that publishes cases of national significance. Other law report series include the Canadian Criminal Cases , the Canadian Criminal Reports , the Ontario Reports and the Rapports Juridiques du Québec . Neutral citations are also used to identify cases. The UK Supreme Court publishes on its own website

6150-590: The Supreme Court of New South Wales . The Victorian Reports are published by Little William Bourke on behalf of the Council of Law Reporting in Victoria and cover the Supreme Court of Victoria . The New Zealand Law Reports (NZLR) are the authorised reports of the New Zealand Council for Law Reporting and have been published continuously since 1883. The reports publish cases of significance from

6273-612: The United States Constitution . The early reporters were unofficial as they were published solely by private entrepreneurs, but in the middle of the 19th century, the U.S. Supreme Court and many state supreme courts began publishing their own official reporters. In the 1880s, the West Publishing Company started its National Reporter System (NRS), which is a family of regional reporters, each of which collects select state court opinions from

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6396-607: The University of Karachi (established by East Pakistani politicians before Independence of Bangladesh ) also offers regular programs of studies at the Bachelors and at the Masters levels for Bengali Literature. The national anthems of both Bangladesh ( Amar Sonar Bangla ) and India ( Jana Gana Mana ) were written in Bengali by the Bengali Nobel laureate Rabindranath Tagore . Notuner Gaan known as " Chol Chol Chol"

6519-499: The boldface represents primary and secondary stress. Native Bengali words do not allow initial consonant clusters ; the maximum syllabic structure is CVC (i.e., one vowel flanked by a consonant on each side). Many speakers of Bengali restrict their phonology to this pattern, even when using Sanskrit or English borrowings, such as গেরাম geram (CV.CVC) for গ্রাম gram (CCVC) "village" or ইস্কুল iskul (VC.CVC) for স্কুল skul (CCVC) "school". The Bengali-Assamese script

6642-533: The colonial tradition of the British rule, violating the Bengali Language Implementation Act, 1987 . Sheikh Hasina , the immediate past Prime Minister of Bangladesh , suggested that the judges should deliver their verdicts in Bengali so that every Bangladeshi can read them, and, later on if need be, the verdicts could be translated into English. Muhammad Habibur Rahman , a former Chief Justice of Bangladesh stated that if justice

6765-557: The phonology of Eastern Bengali is seen through the lack of nasalised vowels and an alveolar articulation of what are categorised as the "cerebral" consonants (as opposed to the postalveolar articulation of western Bengal). Some varieties of Bengali, particularly Sylheti , Chittagonian and Chakma , have contrastive tone ; differences in the pitch of the speaker's voice can distinguish words. Kharia Thar and Mal Paharia are closely related to Western Bengali dialects, but are typically classified as separate languages. Similarly, Hajong

6888-514: The "Civil Law Cases" (CLC), which as the name suggests deals with Civil cases; the "Pakistan Criminal Law Journal" (PCrLJ), which reports Criminal Cases; and the "Pakistan Tax Decisions" (PTD), on the Income Tax tribunal cases and their appeals. Kenya's first output of law reports was in the form of volumes under the citation E.A.L.R (East African Law Reports). They were first published between 1897 and 1905. Seven of these volumes were compiled by

7011-623: The 16th century, Portuguese missionaries began a tradition of using the Roman alphabet to transcribe the Bengali language. Though the Portuguese standard did not receive much growth, a few Roman Bengali works relating to Christianity and Bengali grammar were printed as far as Lisbon in 1743. The Portuguese were followed by the English and French respectively, whose works were mostly related to Bengali grammar and transliteration. The first version of

7134-652: The 19th and 20th centuries, there were two standard forms of written Bengali: In 1948, the government of Pakistan tried to impose Urdu as the sole state language in Pakistan, giving rise to the Bengali language movement . This was a popular ethnolinguistic movement in the former East Bengal (today Bangladesh ), which arose as a result of the strong linguistic consciousness of the Bengalis and their desire to promote and protect spoken and written Bengali's recognition as

7257-421: The 6th century, which competed with the ancestor of Bengali for some time. The ancestor of Bengali was the language of the Pala Empire and the Sena dynasty . During the medieval period, Middle Bengali was characterised by the elision of the word-final অ ô and the spread of compound verbs, which originated from the Sanskrit Schwa . Slowly, the word-final ô disappeared from many words influenced by

7380-401: The Bengali equivalent of a full stop – have been adopted from Western scripts and their usage is similar. Unlike in Western scripts (Latin, Cyrillic, etc.) where the letter forms stand on an invisible baseline, the Bengali letter-forms instead hang from a visible horizontal left-to-right headstroke called মাত্রা matra . The presence and absence of this matra can be important. For example,

7503-426: The Bengali script is an abugida, its consonant graphemes usually do not represent phonetic segments , but carry an "inherent" vowel and thus are syllabic in nature. The inherent vowel is usually a back vowel , either [ɔ] as in মত [m ɔ t] "opinion" or [o] , as in মন [m o n] "mind", with variants like the more open [ɒ] . To emphatically represent a consonant sound without any inherent vowel attached to it,

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7626-441: The Chief Justices of the Territories and the presiding judge of the Court of Appeal for Eastern Africa. Following the collapse of the East African Community, under whose auspices the reports were published, the reports went out of publication. The period before the resumption of the East Africa Law Reports saw sporadic and transitory attempts at law reporting. Firstly, with the authority of the then Attorney-General, six volumes named

7749-446: The Constitution of Bangladesh, 1972, the Supreme Court judgments have binding effects and the article provides that the law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it. These judgements are usually summarised in the Bangladesh Supreme Court Digest . There are also many law reports which publish

7872-413: The Court of Session and Scottish cases heard on appeal in the House of Lords . The Justiciary Cases report from the High Court of Justiciary . Those two series are the most authoritative and are cited in court in preference to other report series, such as the Scots Law Times , which reports sheriff court and lands tribunal cases in addition to the higher courts. The law reports service of Scotland

7995-426: The Hon Mr Justice R. W. Hamilton, who was then the Chief Justice of the Protectorate and the reports covered all courts of different jurisdictions. The 1922–1956 period saw the emergence of some twenty-one volumes of the Kenya Law Reports (under the citation K.L.R). These reports included the decisions of the High Court only and were collated, compiled and edited by different puisne judges and magistrates. Then came

8118-429: The Incorporated Council of Law Reporting for Ireland. Other reports are contained in the Irish Law Reports Monthly (ILRM) and various online collections of court decisions. In Bangladesh, the law reports are published according to the provisions of the Law Reports Act, 1875. There are many law reports now in Bangladesh. The most widely known being the Dhaka Law Report which started publication in 1949. Published monthly,

8241-403: The Kenya Law Reports" (section 3 of the Act). The Kenya Law Reports are the official law reports of the Republic of Kenya which may be cited in proceedings in all courts of Kenya (section 21 of the Act). Cases of Hong Kong are predominantly published in the authorised Hong Kong Court of Final Appeal Reports (HKCFAR) and Hong Kong Law Reports and Digests (HKLRD), as well as the unauthorised but

8364-429: The Kenyan Parliament passed the National Council for Law Reporting Act, 1994 and gave the Council the exclusive mandate of: "publication of the reports to be known as the Kenya Law Reports which shall contain judgments, rulings and opinions of the superior courts of record and also undertake such other publications as in the opinion of the Council are reasonably related to or connected with the preparation and publication of

8487-450: The New Kenya Law Reports covering the period between and including the years 1976 to 1980 were published by the East African Publishing House . These reports included the decisions of the High Court and Court of Appeal of Kenya and were compiled by the Late Hon Mr Justice S. K. Sachdeva and were edited by Mr Paul H Niekirk and the Hon Mr Justice Richard Kuloba, a judge of the High Court of Kenya . The publication of these reports ceased when

8610-463: The Privy Council. They covered only those appeals filed from the territories. The East Africa Law Reports (cited as E.A.) were introduced in 1957 and were published in nineteen consecutive volumes until 1975. These reports covered decisions of the Court of Appeal for East Africa and the superior courts of the constituent territories, namely, Kenya, Uganda, Tanzania, Aden, Seychelles and Somaliland. They were published under an editorial board consisting of

8733-518: The Web (versus the standard volume and page number used for print law reports). Furthermore, turning away from the traditional "official-commercial" print report model raises questions about the accuracy, authority, and reliability of case law found on the Web. The answer to these questions will be determined, in large part, through changing government information policies , and by the degree of influence exerted by commercial database providers on global legal information markets . Reports usually come in

8856-564: The Web expand access to the law beyond the specialized law library collections used primarily by lawyers and judges . The general public can more readily find court opinions online, whether posted on Web-accessible databases (such as the Hong Kong Judiciary public access site, above), or through general Web search engines . Questions remain, however, on the need for a uniform and practical citation format for cases posted on

8979-515: The age of 67 years as extended by the provision of article 95 of Constitution (Thirteenth) Amendment Act, 2004 (Act 14 of 2004). A retiring judge faces disability in pleading or acting before any court or authority or holding any office of profit in the service of the republic, not being a judicial or quasi-judicial office or the office of the Chief Adviser or Adviser. A Supreme Court judge is not removable from office except in accordance with

9102-536: The basis of modern standard colloquial Bengali. In the dialects prevalent in much of eastern and south-eastern Bangladesh ( Barisal , Chittagong , Dhaka and Sylhet Divisions of Bangladesh), many of the stops and affricates heard in West Bengal and western Bangladesh are pronounced as fricatives . Western alveolo-palatal affricates চ [ tɕɔ ] , ছ [ tɕʰɔ ] , জ [ dʑɔ ] correspond to eastern চ [tsɔ] , ছ [tsʰɔ~sɔ] , জ [dzɔ~zɔ] . The influence of Tibeto-Burman languages on

9225-404: The books themselves. In Commonwealth English , these are described by the plural term law reports , the title that usually appears on the covers of the periodical parts and the individual volumes. In common law countries, court opinions are legally binding under the rule of stare decisis ( precedent ). That rule requires a court to apply a legal principle that was set forth earlier by

9348-477: The capacity or conduct of a judge who is a member of the supreme judicial council, or a member of the council is absent or is unable to act due to illness or other cause, the judge who is the next in seniority to those who are members of the Council shall act as such member. Supreme court judges are independent in their judicial function as empowered through article 94(4) of the Constitution. As per Article 111 of

9471-469: The consonant which comes first is put on top of or to the left of the one that immediately follows. In these ligatures, the shapes of the constituent consonant signs are often contracted and sometimes even distorted beyond recognition. In the Bengali writing system, there are nearly 285 such ligatures denoting consonant clusters. Although there exist a few visual formulas to construct some of these ligatures, many of them have to be learned by rote. Recently, in

9594-479: The constitution of Bangladesh. The Supreme Court is independent of the executive branch , and is able to rule against the government in politically controversial cases. The Chief Justice of Bangladesh and other judges of the Supreme Court are appointed by the President of Bangladesh with prior mandatory consultation with the Prime Minister. The entry point to the seat of judges in the High Court Division

9717-507: The country. In India, Bengali is one of the 23 official languages . It is the official language of the Indian states of West Bengal , Tripura and in Barak Valley of Assam . Bengali has been a second official language of the Indian state of Jharkhand since September 2011. In Pakistan , Bengali is a recognised secondary language in the city of Karachi mainly spoken by stranded Bengalis of Pakistan . The Department of Bengali in

9840-513: The court's judgments after they have been handed down, together with the ICLR summary (or "headnote"). In England and Wales , beginning with the reports of cases contained in the Year Books ( Edward II to Henry VIII ) there are various sets of reports of cases decided in the higher English courts down to the present time. Until the nineteenth century, both the quality of early reports, and

9963-726: The decisions of the Court of Appeal of Kenya selected over that period. Law reports relating to special topics have also been published. Ten volumes of the Court of Review Law Reports covering the period 1953 to 1962 and including the decisions on customary law by the African Court of Review were published by the Government Printer. There was no editorial board and it is not known who the compilers of these reports were. Their apocryphal origin notwithstanding, they were commonly cited by legal practitioners and scholars. In 1994,

10086-604: The development of Dobhashi . Bengali acquired prominence, over Persian, in the court of the Sultans of Bengal with the ascent of Jalaluddin Muhammad Shah . Subsequent Muslim rulers actively promoted the literary development of Bengali, allowing it to become the most spoken vernacular language in the Sultanate. Bengali adopted many words from Arabic and Persian , which was a manifestation of Islamic culture on

10209-700: The east to Meherpur in the west. The 14th-century court scholar of Bengal, Nur Qutb Alam , composed Bengali poetry using the Persian alphabet . After the Partition of India in the 20th century, the Pakistani government attempted to institute the Perso-Arabic script as the standard for Bengali in East Pakistan ; this was met with resistance and contributed to the Bengali language movement. In

10332-553: The eastern subcontinent, Purbi Apabhraṃśa or Abahatta (lit. 'meaningless sounds'), eventually evolved into regional dialects, which in turn formed three groups, the Bengali–Assamese languages , the Bihari languages , and the Odia language . The language was not static: different varieties coexisted and authors often wrote in multiple dialects in this period. For example, Ardhamagadhi is believed to have evolved into Abahatta around

10455-557: The emergence of Bangladesh in 1971. In 1999, UNESCO recognised 21 February as International Mother Language Day in recognition of the language movement. Although Sanskrit has been spoken by Hindu Brahmins in Bengal since the 3rd century BC, the local Buddhist population spoke varieties of the Prakrit . These varieties are generally referred to as "eastern Magadhi Prakrit ", as coined by linguist Suniti Kumar Chatterji , as

10578-476: The extent to which the judge explained the facts of the case and his judgment, are highly variable, and the weight of the precedent may depend on the reputations of both the judge and the reporter. Such reports are now largely of academic interest, having been overtaken by statutes and later developments, but binding precedents can still be found, often most cogently expressed. In 1865, the nonprofit Incorporated Council of Law Reporting (ICLR) for England and Wales

10701-466: The final ন in মন [m o n] or the medial ম in গামলা [ɡamla] ). A consonant sound followed by some vowel sound other than the inherent [ɔ] is orthographically realised by using a variety of vowel allographs above, below, before, after, or around the consonant sign, thus forming the ubiquitous consonant-vowel typographic ligatures . These allographs, called কার kar , are diacritical vowel forms and cannot stand on their own. For example,

10824-400: The form of sturdy hardcover books with most of the design elements on the spine (the part that a lawyer would be most interested in when searching for a case). The volume number is usually printed in large type to make it easy to spot. Gold leaf is traditionally used on the spine for the name of the report and for some decorative lines and bars. In lawyer portraits and advertisements ,

10947-726: The government of Ahmad Tejan Kabbah declared Bengali as an honorary official language in December 2002. In 2009, elected representatives in both Bangladesh and West Bengal called for Bengali to be made an official language of the United Nations . Regional varieties in spoken Bengali constitute a dialect continuum . Linguist Suniti Kumar Chatterji grouped the dialects of Bengali language into four large clusters: Rarhi , Vangiya , Kamrupi and Varendri ; but many alternative grouping schemes have also been proposed. The south-western dialects ( Rarhi or Nadia dialect) form

11070-499: The graph মি [mi] represents the consonant [m] followed by the vowel [i] , where [i] is represented as the diacritical allograph ি (called ই-কার i-kar ) and is placed before the default consonant sign. Similarly, the graphs মা [ma] , মী [mi] , মু [mu] , মূ [mu] , মৃ [mri] , মে [me~mɛ] , মৈ [moj] , মো [mo] and মৌ [mow] represent the same consonant ম combined with seven other vowels and two diphthongs. In these consonant-vowel ligatures,

11193-412: The graphical form. However, since this change is not as widespread and is not being followed as uniformly in the rest of the Bengali printed literature, today's Bengali-learning children will possibly have to learn to recognise both the new "transparent" and the old "opaque" forms, which ultimately amounts to an increase in learning burden. Bengali punctuation marks, apart from the downstroke । daṛi –

11316-429: The judgments and orders of the Supreme Court. All these law reports are in printed volumes. The Chancery Law Chronicles offers the online service of judgments of Supreme Court of Bangladesh. Although Bengali is the only state language of Bangladesh in accordance with the article 3 of the Constitution of Bangladesh , the verdicts given by the judges at the Supreme Court of Bangladesh are frequently in English following

11439-494: The language as: While most writing is in Standard Colloquial Bengali (SCB), spoken dialects exhibit a greater variety. People in southeastern West Bengal, including Kolkata, speak in SCB. Other dialects, with minor variations from Standard Colloquial, are used in other parts of West Bengal and western Bangladesh, such as the Midnapore dialect, characterised by some unique words and constructions. However,

11562-547: The language. Major texts of Middle Bengali (1400–1800) include Yusuf-Zulekha by Shah Muhammad Sagir and Srikrishna Kirtana by the Chandidas poets. Court support for Bengali culture and language waned when the Mughal Empire conquered Bengal in the late 16th and early 17th century. The modern literary form of Bengali was developed during the 19th and early 20th centuries based on the west-central dialect spoken in

11685-498: The largest law libraries maintain a full hard copy set in their on-site collections. Some government agencies use (and require attorneys and agents practicing before them to cite to) certain unofficial reporters that specialize in the types of cases likely to be material to matters before the agency. For example, for both patent and trademark practice, the United States Patent and Trademark Office requires citation to

11808-530: The law reporter's contribution. Thus, law students are warned that the headnote is not part of the decision rendered, since headnotes occasionally contain misinterpretations of the law, and are not part of the official judgment. (In the United States, however, the headnote, also called the syllabus, is sometimes written by the court itself, which fact is stated.) The development of the Internet created

11931-428: The letter ত tô and the numeral ৩ "3" are distinguishable only by the presence or absence of the matra , as is the case between the consonant cluster ত্র trô and the independent vowel এ e , also the letter হ hô and Bengali Ôbogroho ঽ (~ô) and letter ও o and consonant cluster ত্ত ttô . The letter-forms also employ the concepts of letter-width and letter-height (the vertical space between

12054-543: The neighbouring states of Odisha , Bihar , and Jharkhand , and sizeable minorities of Bengali speakers reside in Indian cities outside Bengal, including Delhi , Mumbai , Thane , Varanasi , and Vrindavan . There are also significant Bengali-speaking communities in the Middle East , the United States , Singapore , Malaysia , Australia , Canada , the United Kingdom , and Italy . The 3rd article of

12177-462: The official opinions, so lawyers and law journals must cite the unofficial report until the case comes out in the official report. But once a court opinion is officially published, case citation rules usually require a person to cite to the official reports. A good printed law report in traditional form usually contains the following items: It is only the last item that is authoritative. The others, although useful for its understanding, are only

12300-400: The official regulator of the enrolled lawyers of the country; the Bangladesh Bar Council. Various others for example, Bangladesh Law Chronicles, Bangladesh Legal Times, Lawyers and Jurists, Counsel Law Reports, Legal Circle Law Reports, Bangladesh Legal Times, BCR, ADC are also in operation. The decisions of the lower judiciary are not reported in any law report. The Supreme Court Reports (SCR)

12423-639: The opinion is printed will determine the case citation format. Historically, the term reporter was used to refer to the individual persons who actually compile, edit, and publish such opinions. For example, the Reporter of Decisions of the Supreme Court of the United States is the person authorized to publish the Court's cases in the bound volumes of the United States Reports . Today, in American English , reporter also denotes

12546-480: The opportunity for courts to publish their decisions on Web sites . This is a relatively low cost publication method compared to paper and makes court decisions more easily available to the public (particularly important in common law countries where court decisions are major sources of law ). Because a court can post a decision on a Web site as soon as it is rendered, the need for a quickly printed case in an unofficial, commercial report becomes less crucial. However,

12669-517: The parliament of Bangladesh and the legislative assembly of West Bengal proposed that Bengali be made an official UN language. As of January 2023, no further action has been yet taken on this matter. However, in 2022, the UN did adopt Bangla as an unofficial language, after a resolution tabled by India. In 2024, the government of India conferred Bengali with the status of classical language . Approximate distribution of native Bengali speakers (assuming

12792-480: The period covering 1934 to 1956 which saw the birth of the famous Court of Appeal for Eastern Africa Law Reports (E.A.L.R). These reports comprised twenty-three volumes altogether which were also compiled by puisne judges and magistrates, a Registrar of the High Court and a Registrar of the Court of Appeal for Eastern Africa . These volumes reported the decisions of the then Court of Appeal for Eastern Africa and of

12915-409: The provision of Article 96 of the Constitution which provides for Supreme Judicial Council empowering it to remove a judge of the supreme court from office upon allowing the delinquent judge an opportunity of being heard. The supreme judicial council is constituted with the Chief Justice of Bangladesh and next two senior judge of the Appellate Division, provided if at any time the Council inquiring into

13038-532: The publishers of unofficial reports to maintain a competitive advantage over the official ones, unofficial reports usually provide helpful research aids (e.g., summaries, indexes), like the editorial enhancements used in the West American Digest System . Some commercial publishers also provide court opinions in searchable online databases that are part of larger fee-based, online legal research systems, such as Westlaw , Lexis-Nexis or Justis. Unofficially published court opinions are also often published before

13161-508: The publishing house folded them up ostensibly on account of lack of funds. Later, two volumes of what were known as the Kenya Appeal Reports were published for the period 1982–1992 by Butterworths, a private entity, under the editorship of The Hon Chief Justice A.R.W. Hancox (hence the pseudonym "Hancox Reports") who had the assistance of an editorial board of seven persons. These reports, as their name suggested, included only

13284-459: The rows of books visible behind the lawyer are usually reports. Each province in Canada has an official reporter series that publishes superior court and appellate court decisions of the respective province. The federal courts, such as the Federal Court , Federal Court of Appeal , and Tax Court , each have their own reporter series. The Supreme Court of Canada has its own Reporter series,

13407-427: The so-called "inherent" vowel [ɔ] is first expunged from the consonant before adding the vowel, but this intermediate expulsion of the inherent vowel is not indicated in any visual manner on the basic consonant sign ম [mɔ] . The vowel graphemes in Bengali can take two forms: the independent form found in the basic inventory of the script and the dependent, abridged, allograph form (as discussed above). To represent

13530-488: The state or territory. The Australian Law Reports are the largest series of unauthorised reports although there are several others general reports and reports relating to specific areas of the law, e.g. the Australian Torts Reports publish decisions from any state or federal court relating to tort law . The NSW Law Reports are published by the Council of Law Reporting for New South Wales and cover

13653-536: The superposed chôndrôbindu (ঁ) , denoting a suprasegmental for nasalisation of vowels (as in চাঁদ [tʃãd] "moon"), the postposed ônusbar (ং) indicating the velar nasal [ŋ] (as in বাংলা [baŋla] "Bengali") and the postposed bisôrgô (ঃ) indicating the voiceless glottal fricative [h] (as in উঃ! [uh] "ouch!") or the gemination of the following consonant (as in দুঃখ [dukʰːɔ] "sorrow"). The Bengali consonant clusters ( যুক্তব্যঞ্জন juktôbênjôn ) are usually realised as ligatures, where

13776-654: The third place, according to the 2011 census of India . Bengali has developed over more than 1,400 years. Bengali literature , with its millennium-old literary history, was extensively developed during the Bengali Renaissance and is one of the most prolific and diverse literary traditions in Asia. The Bengali language movement from 1948 to 1956 demanding that Bengali be an official language of Pakistan fostered Bengali nationalism in East Bengal leading to

13899-544: The various provincial High Courts, the Service, Professional and Election Tribunals as well as the superior courts of territories such as Azad Kashmir. PLD is augmented by other books, most notably the "Yearly Law Reports" (YLR), and the "Monthly Law Digest" (MLD). The Supreme Court also has its own law book, the "Supreme Court Monthly Review" (SCMR), which lists more recent cases that the appex court heard. In addition, there are books dealing with specific areas of law, such as

14022-462: The very ease of internet publication has raised new concerns about the ease with which internet-published decisions can be modified after publication, creating uncertainty about the validity of internet opinions. Decisions of courts from all over the world can now be found through the WorldLII Web site, and the sites of its member organizations. These projects have been strongly encouraged by

14145-484: The visible matra and an invisible baseline). There is yet to be a uniform standard collating sequence (sorting order of graphemes to be used in dictionaries, indices, computer sorting programs, etc.) of Bengali graphemes. Experts in both Bangladesh and India are currently working towards a common solution for this problem. Throughout history, there have been instances of the Bengali language being written in different scripts, though these employments were never popular on

14268-435: The vocabulary may differ according to the speaker's religion: Muslims are more likely to use words of Persian and Arabic origin, along with more words naturally derived from Sanskrit ( tadbhava ), whereas Hindus are more likely to use tatsama (words directly borrowed from Sanskrit). For example: The phonemic inventory of standard Bengali consists of 29 consonants and 7 vowels, as well as 7 nasalised vowels . The inventory

14391-609: Was also criticised for his vitriolic attack on various politicians including Speaker and members of the Parliament. Bengali language Bengali , also known by its endonym Bangla ( বাংলা , Bāṅlā , [ˈbaŋla] ), is a classical Indo-Aryan language from the Indo-European language family native to the Bengal region of South Asia. With over 237 million native speakers and another 41 million as second language speakers as of 2024, Bengali

14514-591: Was founded, and it has gradually become the dominant publisher of reports in the UK . It has compiled most of the best available copies of pre-1866 cases into the English Reports . Post-1865 cases are contained in the ICLR's own Law Reports . Even today, the UK government does not publish an official report, but its courts have promulgated rules stating that the ICLR reports must be cited when available. Historical practice, which may still apply where no other report

14637-426: Was not confirmed as a permanent justice on 12 June 2014 despite recommendation from the Chief Justice of Bangladesh . So he has served legal notices to the top bureaucrats of Bangladesh government to reinstate him within 72 hours. Chief Justice Surendra Kumar Sinha resigned on 11 November 2017 from Singapore while on a leave, and transiting from Australia to Canada. Later on former Chief Justice Surendra Kumar Sinha

14760-638: Was overtly involved in contempt of court on 30 November 2006. Justice Shah Abu Nayeem Mominur Rahman , an appellate division judge, first ever among these judges, resigned on 12 May 2011 due to supersession, as he was presumed to be the Chief Justice of Bangladesh on 18 May 2011. Justice Mohammad Nizamul Huq resigned from the post of International Crimes Tribunal (ICT)-1 chairman on 11 December 2012 amid controversy for holding Skype conversations with an expatriate Bangladeshi legal expert based in Belgium . President of Bangladesh ordered for formation of

14883-523: Was sentenced in absentia to 11 years in jail for money laundering and criminal breach of trust. Former justice AHM Shamsuddin Chowdhury Manik , a judge of the appellate Division of Supreme Court of Bangladesh gained notoriety for number of controversies.In 2003, he accused traffic police officers of contempt of court for not saluting his car while it was passing. The then Inspector General of Police of Bangladesh Police , Shahudul Haque , issued

15006-459: Was terminated by President Iajuddin Ahmed on corruption allegation. Former Chief Justice Mohammad Fazlul Karim withheld the oath taking of Justice Md. Ruhul Quddus (Babu) as he was involved in the murder of Aaslam, a pro- Jamaat-e-Islami Bangladesh student of Rajshahi University , on 17 November 1988, when he was a leader of Jatiyo Samajtantrik Dal (JSD), and Justice Mohammad Khosruzzaman

15129-433: Was the first justice appointed from Monipuri or any minority Ethnic groups in Bangladesh . Former Justice Bhabani Prasad Sinha is also from the same community. Madame Justice Nazmun Ara Sultana was the first ever female justice, and Madame Justice Krishna Debnath is the first female Hindu justice of Bangladesh. There are currently seven female justices in the supreme court. In 2004, Justice Syed Shahidur Rahman

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