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.

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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.