Typical of Special Magistrate and Metropolitan Magistrate

Section 12: Special Magistrate.

If an Executive Magistrate is empowered to try a special case then that  magistrate is an Special  Executive Magistrate, If a Judicial Magistrate is empowered by the Government for a special case then that  magistrate is a Special Magistrate and like this if a Metropolitan Magistrate is empowered by the Government to try a special case then that Magistrate is a Special metropolitan Magistrate.

 Thus these way special Magistrate are of 3 types as bellow:

1.  Special Executive Magistrate
2.  Special Magistrate
3. Special Metropolitan Magistrate

Section 18: Chief Metropolitan  Magistrate Court (CMM)

Under this section there is a Metropolitan court out of district Judicial court. Ant these metropolitan court are of 3 types, such as

1. Chief Metropolitan Magistrate Court (CMM Court)
2.  Additional Chief Metropolitan Magistrate Court (ACMM Court)
3. Metropolitan Magistrate Court (MM Court)

Note: As per provision of these  section 12 and  section 18  in a court practice there are 3 types of special Magistrate instead of  3 classes of Special Magistrate and similarly there are 3 types of Metropolitan Magistrate instead of 3 classes metropolitan magistrate.

 Practical MCQ:

1.Question: What is the classification Special Magistrate

Option: (a) 2              (b) 3                (c) 4                (d)  None

Answer: (d)

2.Question: What types of  Special Magistrate are?

Option: (a) 2              (b) 3                (c) 4                (d)  None

Answer: (b)

3.Question: What is the classification Metropolitan Magistrate ?

Option: (a) 2              (b) 3                (c) 4                (d)  None

Answer: (d)

4.Question: What is types of Metropolitan Magistrate are?

Option: (a) 2              (b) 3                (c) 4                (d)  None
Answer: (b)

Special Note: The explanation are in practical based in the court practice, otherwise classification of Executive Magistrate and Special Magistrate under section 6 has none. This is why executive Magistrate and Special magistrate are not classified but they are in stepwise or typical  as mentioned.

Classification of Criminal Court

Under Section 6 : Classification of Criminal
 Under Section 6 (1): There are two typs of Criminal Court
          1. Magistrate Court
          2. Session Court
Under Section 6 (2): There are two types of  Magistrate Court.
         1. Judicial Magistrate Court
         2. Executive Magistrate Court
 Under section 6(3) : There are 4 types of Judicial court
        1. Chief Judicial Magistrate Court (CJM)
        2. Ist Class Magistrate Court
        3. 2nd Class Magistrate Court



        4. 3rd Class Magistrate Court

Note : Jurisdiction of Additional Chief Judicial Magistrate and Additional Chief metropolitan Magistrate are same.
Foot Note : According to the provision  of Section 6  of CrPC  only Magistrate Court are classified where Judicial Magistrate court 4 types but Session and executive Magistrate Court are not classified in accordance to this section where as
      

Falsus in uno, falsest in omnibus

Falsus in uno, falsest in omnibus

Testimonial of a witness should not be believed if the witness on some material fact omitted by him his examination in chief by showing that the witness has lied as to that fact is closely analogous to and in a sense merely an application of impeaching a witness’s credit by previous inconsistent statement.

Yasin Rahman@Rahamn Yasin@Titu us State (Criminal) 19 BLC(AD) 8

Stare desises

Stare devises is a legal principle by shish judges are obliged to respect precedents established by prior decisions. This doctrine is also referred to as the doctrine of precedent. Courts should generally abide by precedents and not disturb settled matters. This is necessary for the administration of justice otherwise the lower Courts and the High Court Division will be confused in determining any particular issue. State decisis one of the fundamental doctrines of common law systems. This doctrine is also referred to as the doctrine of precedent. Stare decisis requires judges to follow precedent and apply the law as they find it or to justify their deviation from the established rule. In majority of cases, there will be no justification for divergence; the judge will be obliged to apply the law as it is. This is why the Stare decisis are the foundation of the judicial to apply occasional law.

Anwarul Huq us Iqbal Ahmed (Civil) 19 BLC (AD) 241

Per incuriam

The expression per incur am a Latin word which means through inadvertence or through want of care. According to PS Osborn’s Law Dictionary A decision of the Court is not binding precedent if given per incur am, that is without the court’s attention having been drawn to the relevant authorities. A decision can be said generally to be given per incuriam when court has decided a case in ignorance of a law applicable in the case or when the court has decided a case through oversight of law applicable in the case which were not considered and had it been considered the result would have been otherwise.

Abul Kalam Khan us Reaz Morshed

and another, 5 BLC (2000) 528

Important tips for The Limitation Act (Act no.9 of 1908)

Condo notion of delay

When it is not possible to file any case with in the stipulated period of time a petition is submitted in the court for having the kind permission of the court in filing the case for which the stipulated time is over.If the court allows the petition submitted for the condo nation of delay then it is possible to file

the case.The petitioner will be deprived from the ends of justice for the condo nation of delay if the filing of appeal  or revision is not accepted by the court.According to the provision of the Limitation Act  1908 when the stipulated period of limitation is over than a petition may be submitted showing the cause of delay of delay and if the court is satisfied in considering the matter the court allows the petition for the condo nation of delay for filing  the appeal or revision and also for review.On the basis of sufficient cause if the perceived ed period is over  but the court received the case  under  cognizable it is called "The Condonotion of delay".

The applicable provision for the Condonotion of delay :

In section-5 of The Limitation Act-1908 it has been stated that about the "Condonation of delay in filing  the appeal ,leave to appeal,application for review,or revision or any other application .Then a petition is submitted in the court for the Condo-notion of delay if the prescribed period is over .Generally the court allows the petition for the Condonation of delay if the petition we can  satisfactorily explain the sufficient cause of delay in the submitted petition in the court.

Bar Council exam tips and tricks for The Specific Relief Act ( Act No. 1 of 1877)

THE SPECIFEC RELIEF ACT- 1887

Question-1: (a) what do you mean by cancellation of an instrument? Who can seek such cancellation and on what grounds?

(b) The plaintiff is a party to the disputed document. Can he maintain a suit for a simple declaration that the deed in question is forged and fraudulent one and as such the same is not binding upon hem? If not, unden which law and what section he should seek his redress?     [9th December, 2006].

Ans: Meaning of cancellation of instrument:

Cancellation of instrument means the cancellation of deed or documents. The deed is cancelled by passing a decree by the court. The court cancels the deed which is void or void able.

ln section 39 of The Specific Relief Act- 1877, it has been stated about the cancellation of the instruments that "Any person against whom a written instruments is void or void able, who has reasonable apprehension that such instruments, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable, and the court may in its discretion, so adjudge it and order it to he delivered up and cancelled". If the instrument has been registered under the registration Act, the court shall also send a copy of its decree to the officer in whose the instrument has been so registered and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.

Who can seek such cancellation and on what grounds?

Cancellation of instrument means the instruments which are illegal and unenforceable by law. On that basis the instrument are declared by the court as void or voidable it does not have any legal effect. The person can seek such cancellation of the instrument for which this type of instrument is enforceable to achieve the rights on the property. He bears the apprehension in such instrument may cause him serious prejudice when it is properly used. That person can file a suit in the court for the cancellation of that instrument under section 39 of The Specific Relief Act 1877. lf that person thinks that the existing instrument may cause him prejudice, then he decides to file the suit for the cancellation of instrument.

Grounds:

On the basis of the only two grounds any person can seek cancellation of instrument, namely-

(1) The instrument is void or voidable.

(2) There is a reasonable apprehension that such instrument if left outstanding may cause him serious injury.

Ans: Essential points:

The plaintiff of the suit will have to prove the essential ingredients for the cancellation of instrument. 

The main 3(Three) points are given below:

(1) The instrument must be void or void able.

(2) There is a reasonable apprehension that such instrument if left outstanding may cause him serious injury.

(3) The court has the competent jurisdiction to cancel the instrument for the ends of justice.

From the above reasons stated in section 39 of The Specific Act-1877. plaintiff will have to prove those reasons in the suit of the cancellation of the instrument. Ans: (b): From the above problem it is found that the plaintiff is a party to the disputed document. This is the question whether he can maintain a suit for a simple declaration that the deed is forged and fraudulent one and as such the same is not binding upon him.

lf any of the parties of a registered deed want to cancel it, then a suit should be fided in the competent court under section 39 of the specific Relief Act-187. Simce the plaintiff is the party to the disputed deed. So, it will not be the right legal step if he files a suit of simple. Declaration that the forged and fraudulent document under section 39 of the Specific Relief Act. Otherwise. this document will be a matter or prejudice in future for the plaintiff.  Because, if the deed is void or voidable and kept uncompromised may be the cause of prejudice for the plaintiff. Thus the deed should be compulsorily cancelled by the decree of the court. Because, the forged and fraudulent deed is remained strong and active unless it is cancelled by the decree of the court.

What is doctrine of estoppel?Elements of estoppel

In section 115 of The Evidence Act-1872, it has been stated that

 " When one person has by his declaration, act, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief neither he nor his representative shall be allowed in any suit or proceeding between himself and such person or his representative to deny the truth of that thing."

Explanation:- A intentionally and falsely leads B to believe that certain lands belongs to A , and thereby induce B to buy and pay for it. The lands afterwards becomes the property of A and seeks to set aside the sale on the ground that at the time of sale he had no title. He must not be allowed to prove his want of title. 

Elements of estoppel:-  There must be a representation by declaration.act or omission.

1. The representation must be relate to a fact as distinguished from matter of law.
2. The representation must be false and his false representation must have been made with the knowledge of facts I. E must have been made knowingly.
3. It must have been made with the intention that the other party would act upon it.
4. The other party must have been ignorant of the truth if the matter.
5. The person to whom the representation is made must believe the representation and act upon it and thereby altered his position.
6. The other party must have already suffered damage or injury or must have sustained some loss.

Q: Where estoppel is defined ?

(A)  Section 115 

(B)  Section 120

(C)  Section 118

(D)  Section 119

Q: Is Doctrine Estoppel enforceable by law?

(A) Yes

(B)  No

(C) If Courts considered

(D) None

Q: What is feeding the grant by Estoppel?

(A) Barred by estoppel

(B) Barred by weaver

(C) Barred by  doctrine of Res Judicata

(D) All

Picnic for Rafiq Law Acedemy-Organised by Bangladesh Bar Council exam candidates

Today is performing annual picnic on behalf of "Rafiq Law Academy" at Civil Surgeon Residence campus behind Satkhira Sadar Hospital which is organised by Bangladesh Bar Council Exam- 2017 candidates.All the friends and well wishers are invited to share this moment of joy with us through Facebook or other web media.The convenor of this picnic is Mr Altaf Hossain consisting 3 executive member to organise.Annual picnic of Rafiq Law Academy was held behind Satkhira Sadar Hospital on 30 th Dec 2016.The picnic was organised by the candidates who are prepared to be appeared in the Bangladesh Bar Council advocate ship exam 2017.Altaf Hossain was the picnic committee convenient consisting of two members Asad Hossain Babu and other Jobber Ali.The picnic was attended by Councilor Advocate Rafiqul Islam,Taslima Khatun,Ruby Akther,Bilkis Jahangir,Farjana Akter,Sumon.Sharmeen Akter,Sharmin,Anis,Rubel with his wife,Mukul,Sanjida Akter Shanta,Aysee and others candidates for Bangladesh BaCouncil exam-2017.

Filing criminal case under Code of Criminal Procedure, (Act No. 5 of 1898)

The way of filing criminal case:

The commission any offence committed by the offender the case is filled agai st him.There are two ways if commencing criminal case against the offenders as follows-

The first Information Report:

The First Information Report can be oral or written.In spite of giving the FIR orally the informer has to sign on the written paper or give the finger print/thumb impression after writing the case.In section 154 of the Code of Criminal Procedure-1898,it has been stated about the procedure of filing the first information report that-

" Every information relating to the commission of cognizable offence if given orally to the officer in charge of a police station,shall be reduce to writing by him or under his direction and be written by him or under his direction and be read over to the informant and every such information whether given in writing or reduced to writing as aforesaid shall be entered in a book to be kept by such officer in such form as the government may prescribe in this behalf".

on this basis of having information by telegram or telephone the police officer will go to the place of accurence and write the real fact by hearing of the informant also get the signature or take the finger print/thumb impression on the written first information report,then it will be considered as the complete first information report.On the condition the first information report is not accepted as the fundamental evidence.According  to the section 157 of The Evidence Act-1872 it is accepted in support of the former statement of witness to be proved to corroborate the later testimony as to same  fact of stet enemy's of the witness tending to Corroborate evidence of relevant fact is admissible.

The use of First Information Report(FIR):

Generally the filing of First Information Report is two types:(1)G R case(2) Non G.R case.Though the filing of The First Information Report the place time fact reason and purpose of commuting the offence is mentioned by the informant .These ingredients will indicate the accused towards the punishment by considering the witness evidence and proof of the case.The case should be filled without delay after the commission of the criminal offence.

Res-Judicata MCQ tutorial for Bangladesh Ba Council Exam

Res-Judicata means pre-trial and final judicial decision of the court of the competent jurisdiction.It is a Latin term and borrowed from Roman law which means "One matter already judged".The matter once adjudicated, can't be re-adjudicated.If the matter once pronoun between the parties, can't be contradicted by any one.The same subject matter can't arise between the same parties.If it is found that once the issue has been settled by the court,can't arise in any stage of future between the same parties or co parties with the same subject matter.

H

In the word of SPENCER BOWER,Res-Judicata means 'a final judicial decision pronounced by judicial tribunal having competent jurisdiction over cause or matter in litigation and over the party therto'.

Res-Judicata is applied either question of law or question of facts,sometime it'both.

In section 11 of The code of Civil Procedure-1908,it has been stated that "No court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties or parties under whom they or any of them claim.litigating under the same title in a competent court to try such subsequent suit or the suit in which such issue has been subsequently raised and has been heard and finally decided by such court ".

It included six explanations such as-

1.The expression of former suit shall denote a suit which has been decided prior to the suit in question whether or not it was instituted thereto.

2. For the purpose of this section,the competence of a court shall be determined irrespective of any provisions as to a right an appeal from the decision of such court as was set up in the suit this means there shall be identify of the subject matter in both the suits.

3. The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or implied, by the other.

4. Any matter which might and ought to have been made of defense or attack in former suit shall be deemed to have been a matter of directly and substantially in issue in such suit.

5. Any relief claimed in the plaint, which is not expressly granted by t he decree shall for the purpose of this section be deemed to have been refused.

6. Where person litigate bonafide in respect of a public right or of a private right claimed in common for themselves and others all person interested in such right shall for the purpose of this section be deemed to claim under the person so litigating.

Provisions to institute civil suit MCQ tutorial,jurisdiction and interpretation

How to institute Civil Suits

In order to institute civil suits concern law under Code of Civil Procedure,1908 described from section 15-20.These as followings:

1.Section 15:Every civil suits shall have to institute within the pecuniary and territorial jurisdiction which is meant for the lowest jurisdiction under this code.

Example: "A" intends to sue against "B" for suit for declaration and recovery of immovable property. The subject matters is situated under the jurisdiction of Rama Police station ,Dhaka and the suit value is Tk, 200000/ ( Two lac ) only. So as per provision of section 15 under this code "A" shall have institute his suit against "B" before the concern  Asst. Judge of Ramna Police station, Dhaka because pecuniary jurisdiction is binding upon as per section 6 of this code where same same territorial jurisdiction is binding  upon as per section 16 of this code.

How civil suits be instituted?

(a) The lowest jurisdiction of the Civil Court.
(b) The lowest jurisdiction based on pecuniary and territory
(c) The lowest jurisdiction based on pecuniary
(d) All

Where is the provision of institution of Civil Suits ?

(a) Section 15-20 of the code
(b) Section 16-18 of the code
(c) Section 15-18 of the code
(d) section  16-20 of the code

2. Section 16: Where subject matters is situated, suits to be instituted there.

This section includes these following matters of suits:-

(A)  All the subject matters of mesne profit and rent. Controll suit of immovable property.

(B) Partition suits for immovable property.

(C) Suit for redemption of  immovable property.

(D)  Suits for compensation.

(E) Suit for compensation  of mischief or others

(F)  Suits for compensation of movable property if is attached  property.

Example: "B" intends to sue against "C" for suit for declaration and recovery of immovable property. The subject matters is situated under the jurisdiction of Rama Police station ,Dhaka,So as per provision of section 16 under this code "B" shall have institute his suit against "C" before the concern  Senior Asst. Judge of Ramna Police station, Dhaka ( if the value of subject matters bellow than 400000/)because pecuniary jurisdiction is binding upon as per section 6 of this code where same same territorial jurisdiction is binding  upon as per section 16 of this code. Finally this section is called for territorial jurisdiction or local jurisdiction,

3. Section 17:Suits shall have to institute within any of the jurisdiction if the subject next matters are situated one  or two jurisdiction.

4. Section 18: Suits shall have to institute if the subject matters are situated in various jurisdiction with uncertainty of specific jurisdiction.

5.Section 19: Compensation of immovable suits shall have to be instituted where the defendants is residing or doing business or doing some profitable works or the movable property is involved to sue a suit.

6. Section 20:Except section 15-19 all others suits shall have to institute where the cause of action is being raised or the defame rants one or more than one residing  lately.

Nature of civil suits MCQ tutorial information,interpretation and explanation

Section 9: The civil courts shall have jurisdiction to try all types of civil suit unless barred expressly or implied lay.

Explanation : Civil nature suit means the suit in which the right to property or an office is contested in a suit notwithstanding that such right may depend entirely on the decision of questions as to religious rights and ceremonies.

MCQ Format:

Where civil nature suit is described under Code of Civil Procedure?

(a) Section 9 under CPC
(b) Section 6 under CPC
(c) Section 10 under CPC
(d) None

What does it means by civil nature?

(a) Right to property,
(b) Right to contesting as an office
(c ) Both a and b
(d) All

What is the general jurisdiction of civil courts?

(a) Section 6
(b) Section 9
(c) Section 10
(d) None

How Mach explanation of section 9 under Code of Civil Procedure?

(a) One
(b) Two
(c) Three
(d) None

Where subject matters jurisdiction is provisioned ?

(a) Section 6
(b) section 9
(c) Section 3
(d) Section 10

Which are suits for Civil nature?

(a) Suits for declaration under section 42 of Specific Relief Act,1877
(b) A case is lodged by FIR under section 307/395/34 of penal Code
(c) Suites for Permanent Injuction under section 54 of Specific Relief Act,1877
(d) Both a and c

What is subject matters ?

(a) Nature of suits either civil or criminal
(b) Nature of case either civil or Criminal
(c) Both a and b
(d) None

Which one is civil nature types of suits?

(a) All types of title suits
(b) All types of right to property suits
(c) All types of right to an office suits
(d) All

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Jurisdiction of the Civil Courts MCQ tutorial for Bangladesh Bar Council

Section 3: As per section 3 of The Code of Civil Procedure,19087 subject to other provisions  District Judge is subordinate to the High Court Division ,Addl District Judge,Joint District Judge, Senior Asst. Judge and Asst. Judge  and Small causes Courts are subordinate to District Judge and High Court Division.

1.Where pecuniary jurisdiction is described ?

(a) Section 3 under CPC

(b) Section 6 under CPC

(c) Section 9 under CPC

(d) Section 10 underCPC

2.Where subject matters jurisdiction is described ?

(a) Section 3 under CPC

(b) Section 6 under CPC

(c) Section 9 under CPC

(d) Section 10 under CPC

3.Where territorial jurisdiction is described ?

(a) Section 6 under CPC

(b) Section 16 under CPC

(c) Section 9 under CPC

(d) Section 15 under CPC

4.What kinds of jurisdiction under Code of Civil Procedure,1908?

(a) 3 Types of jurisdiction under CPC

(b) 3 Types of jurisdiction under CPC

(c) 3 Types of jurisdiction under CPC

(d) None

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Subordination of Civil Courts under Code of Civil Procedure,1908

1.What is subordination of Civil Court under Code of Civil Procedure,1908

I a) District Judge,Addl.District Judge,Jointr Session Judge,Senior Asst.Judge,Asst. Judge

 (b)District Judge,Addl.District Judge,Jointr District Judge,Senior Asst.Judge,Asst. Judge

 (c)District Judge,Addl. Session Judge,Jointr District Judge,Senior Asst.Judge,Asst. Judge

 (d)None

2.Where subordination of Civil Court is described  ?

(a) Section 3

(b)Section 6

(c)Section 9 d)

Section 10                                                        

3.How much Civil Court are under Code of Civil Procedure,1908?

(a) 6 

(b) 5

 (c) 9 

(d) None

4.What is  classification of Civil Courts?

(a) 6

(b) 5 

(c) 9

 (d) None

5.Where classification of Civil Court are described ?

A: (a) The Civil Courts (Amendment ) Act,2001

      (b) The Code of Civil Procedure,1908

      (c)  The Civil Court Act,1887

      (d)  All

6.Where classification of Civil Court are describetd ?

A: (a) Section 3 of Code of Civil Procedure,1908

      (b) Section 3 of  The Civil Court (Amendment) Act,2001

      (c) Both (a) and (b)

      (d) Nonev

7: Which section subordination of Civil Courts described ?

(a) Section 3
(b) Section 6
(c)  Section 9
(d) Section 4

8:Which is correct in regards of Civil Court the jurisdiction ?

(a) District Judge,Addl.District Judge and Joint District Judge are subordinate to High Court Division

(b) Senior Asst. Judge,Asst. Judge are subordinate to District Judge and High Court Division

(c) Small Causes Court is subordinate to District Judge and high Court Division

(d) All

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Bangladesh Bar Council Training Course on October 8, 2016 at Khulna for junior Advocate

Punishment in Penal Code 1860

An introduction of Civil Appeal in the High Court Division

DISTRICT-DHAKA

                                IN THE SUPREME COURT OF BANGLADESH

                                                HIGH COURT DIVISION

                                    (CIVIL  APPELLATE  JURISDICTION)

MEMORANDUM OF APPEAL FROM ORIGINAL DECREE

                                FIRST APPEAL TENDER NO………………/2016

                                FIRST APPEAL NO……………………………/2016

                                                                                                IN THE MATTER OF

                                                                                                A…………………

                                                                                                Son of…………….

                                                                                                Of Village………………..

                                                                                                Police Station……………

                                                                                                District………………………

                                                                                                                                                                                                                                                                                                   Plaintiff/Appellant

                                                                                                                VERSUS

                                                                                                B………………………………

                                                                                                Son of…………….

                                                                                                Of Village………………..

                                                                                                Police Station……………

                                                                                                District………………………

                                                                                                                                                                                                                                                                                               Defandant/Respondant

Important Guide to create a Responsive Web Design

Important Guide to create a Responsive Web Design

Ahnaf Haider,November 25, 2016

Sylhet industrialist Ragib Ali detained at Assam in India

Sylhet industrialist Ragib Ali detained at Assam in India

Writ Petition Filed To Challenge Empowering President to Appoint Judges

Writ Petition Filed To Challenge Empowering President to Appoint Judges