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.

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.

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

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