Case to be judged by a village court
(1) Notwithstanding anything contained in the Criminal Procedure Code and the Civil Procedure Code, a criminal case relating to matters mentioned in the first part of the Schedule to the Village Court Act and a civil case relating to matters mentioned in the second part shall be adjudicated by the village court. No such case or litigation shall have jurisdiction.
(2) No case shall be adjudicated by the Village Court for any offense mentioned in the first part of the Schedule if a person has already been convicted by the Village Court for any of the offenses punishable in that case, if-
A) the interests of a minor are involved in the case;
B) any agreement entered into between the parties to the dispute contains provisions for arbitration or settlement of the dispute;
C) The government or the local authority or any government employee performing his duties is a party to the dispute.
(3) The provisions of (1) shall not apply to any suit or proceeding for the establishment of title to the immovable property or for the recovery of possession of the immovable property for which possession has been ordered by the village court.
Application for the formation of the village court
(1) In case a case under this Act is admissible by a village court, any party to the dispute may apply to the Chairman of the Union Parishad in the prescribed manner for the decision to form a village court for the trial of such case. If not, he will take initiative to form the village court in the prescribed manner.
(2) A person aggrieved by an order rejecting an application under the said Act may, against the order, make revisions in the court of jurisdiction under the prescribed procedure and within the prescribed period.
Power of village court
In the absence of any provision in this Act, the Village Court may order a person to pay compensation not exceeding twenty-five thousand rupees only in the case of criminal offenses described in the first part of the Schedule to the Act 2006. In any case, relating to civil matters referred to in Part II of the Schedule, it may order the payment of the amount specified in the Schedule or the return of the property or possession to the actual owner of the property.
Portal update
Md. Rashidul Islam
Here is a sample application to the village court and a sample case order:
Planning and Implementation: Cabinet Division, A2I, BCC, DoICT and BASIS