Cabinet okays draft of proposed amendment to civil codeStaff Correspondent
The government on Monday approved draft of the proposed Code of Civil Procedure (Amendment) Act, 2012, having a provision of out of court settlement of cases by the litigant parties, officials said.
However, the disputing parties will have to take permission from the court for such out of court settlement known as alternative dispute resolution.
The existing law which has been in operation since 1908 does not have any provision for such outside court settlement. Even the complaints and replies can be changed in the proposed law which is absent in the existing law, they said.
The weekly cabinet committee meeting gave approval to the draft aimed at easing thousand of pending cases in the lower courts. At present, some 634,000 cases have remained pending in the courts.
Cabinet secretary Muhammad Musharraf Hossain Bhuiyan said after the meeting that the amendment of the code of civil procedure will also help in reducing expenses for running long-drawn legal battle by the feuding parties.
Explaining the content of the draft amendment to the code of civil procedure, the cabinet secretary told reporters that the concerned court officials will have to summon the accused in a case in five working days.
In case of failure, the concerned officials will face legal action, he said.
The cabinet secretary said summon can be issued through courier, fax, e-mail and newspapers.
Even the draft law empowers complainants to issue summon against the opposite party in line with court directive.
It also allows an adult woman to receive summon on behalf of the suspected or accused which the existing law allows only for adult man.
A suspected in a case now has to reply within 60 days. The proposed law will force him to respond to the court in 30 days. However, the suspected can seek another 30 days to prepare replies.
Presided over by Prime Minister Sheikh Hasina, the cabinet meeting also amended the Income Tax Ordinance 1984 to waive source-tax on income by singers and others artists.
The amount of income will, however, not exceed Tk 10,000 for a single case.
The cabinet members were also apprised of the recent visit by home minister Sahara Khatun to India where she discussed a lot of issues including border killings and border management.
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