Article 104: Appellate Division’s power to do complete justice

by Barrister Tahmidur Rahman | Oct 25, 2026

In forceThe JudiciaryI: The Supreme Court

Article 104 Appellate Division's power to do complete justice

Issue and execution of processes of Appellate Division

This power lets the highest court shape remedies that ordinary procedure cannot, which can decide the practical outcome for people and businesses whose cases reach the top court.

Article 104 of the Constitution of Bangladesh: Appellate Division's power to do complete justice
APPELLATE DIVISIONPENDING CASE
WITNESSDOCUMENTS
DIRECTIONSCOMPLETE JUSTICE
THANAAUTHORITIESCOMPLIANCE
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  1. An appeal or other matter is pending before the Appellate Division. Strict rules of procedure would leave a gap: the remedy the parties asked for does not fully fix the problem the case has revealed.

  2. The Division can order a person to attend court, or order that a document be discovered or produced. This helps it see the full picture before deciding, even where the lower courts did not collect that evidence.

  3. The Division can then issue whatever directions, orders, decrees or writs are needed to do complete justice. These may go beyond the precise relief claimed, so that the final outcome resolves the dispute fairly and effectively.

  4. Under Article 112 all executive and judicial authorities must act in aid of the Supreme Court. Officials and agencies therefore have to carry out the Division's orders made under Article 104, and failure to do so can lead to contempt proceedings.

In plain English

How Article 104 works

Article 104 gives the Appellate Division wide powers to make sure justice is fully done in any case before it. It can issue whatever directions, orders, decrees or writs are necessary for complete justice in a pending case or matter. That includes practical orders, such as requiring a person to attend court or a document to be found and produced. The power is broad but not unlimited: it applies only to cases already before the Appellate Division, and the court uses it to fill gaps where ordinary procedure would leave a party without a full remedy.

In practice

Article 104 is often invoked together with the Appellate Division's appeal and review powers. It allows the court to frame directions to the government, give guidelines to fill gaps in the law, or modify relief so that the result is workable. Because the power is so wide, its use is often debated, and it must still be exercised within the Constitution and the law. It applies only to matters pending before the Appellate Division; the High Court Division has no equivalent general power and works mainly through Article 102 and its statutory jurisdiction.

The text

What Article 104 says

104. The Appellate Division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document.

English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.

History

Amendments

  • Fifteenth Amendment 2011Chapter I of Part VI (Articles 94 to 113) was substituted by section 31 of the Constitution (Fifteenth Amendment) Act, 2011, as noted on bdlaws.

Connected provisions

Related articles

Questions

Article 104: frequently asked questions

What does complete justice mean under Article 104?

It means the Appellate Division may issue any directions, orders, decrees or writs necessary to resolve a pending case fully and fairly, even where ordinary procedural rules would leave a gap. It can also order people to attend and documents to be produced.

Does the High Court Division have Article 104 powers?

No. Article 104 is limited to the Appellate Division and to cases pending before it. The High Court Division acts mainly through its writ jurisdiction under Article 102, its superintendence under Article 109 and the jurisdiction given to it by statutes.

Sources

This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.

Constitutional and writ practice

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