Judgment Reviews Law at Bangladesh
In Bangladesh, the judicial system provides mechanisms for reviewing judgments to ensure fairness and correct errors. Here's an overview of how judgment reviews are conducted:
⚖️ Judicial Review Mechanisms in Bangladesh
1. Appellate Division's Power of Review
The Appellate Division of the Supreme Court of Bangladesh has the authority to review its own judgments. This power is derived from Article 105 of the Constitution, which states:
"The Appellate Division shall have power, subject to the provisions of any Act of Parliament and of any rules made by that division to review any judgment pronounced or order made by it."
This provision allows the Appellate Division to correct any manifest errors or injustices in its previous rulings.
2. Supreme Court Rules Governing Reviews
The review process is further detailed in the Supreme Court of Bangladesh (Appellate Division) Rules, 1988, specifically in Order XXVI. According to Rule 1, the Court may review its judgment or order in a civil proceeding on grounds similar to those mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure, and in a criminal proceeding on the ground of an error apparent on the face of the record.
3. Grounds for Review
A review is not an appeal; it is a process to correct errors that are so apparent and patent that review is necessary to avoid a miscarriage of justice. The Appellate Division has emphasized that a review of an earlier order is not permissible unless the Court is satisfied that a material error, manifest on the face of the order, undermines its soundness or results in a miscarriage of justice.
4. Procedure for Filing a Review
To initiate a review, an aggrieved party must file a review petition before the Appellate Division. The Court will first determine whether the petition raises grounds that justify a review. If the Court finds sufficient grounds, it will proceed to hear the review petition.
📌 Notable Example: Muhammad Yunus Case
In August 2024, the Appellate Division of the Supreme Court of Bangladesh overturned the conviction of Nobel laureate Muhammad Yunus in a labor law case This decision highlights the Court's role in reviewing and rectifying judgments to ensure justice
✅ Summary Table
| Mechanism | Description | |------------------------------|---------------------------------------------------------------------------------| | Appellate Division Review | The Appellate Division has the power to review its own judgments to correct manifest errors. | | Supreme Court Rules | The review process is governed by the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. | | Grounds for Review | Reviews are permitted to correct errors apparent on the face of the record, not to re-argue the case. | | Procedure | An aggrieved party must file a review petition; the Court determines whether to proceed based on the grounds raised.
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