Jurisdiction
If a civil Court is already
seized with the subject matter of dispute and has also passed an order
regulating possession thereof or in a case in which a decree for possession has
been granted or a decree for permanent in- junction has been granted, the
jurisdiction of a Magistrate under section 145 Cr.PC is ousted, the only saving
being that action can be taken under sections 107 and 117 Cr.P.C to prevent
breach of the peace, but no order by a criminal Court for attachment of the
properly under section 145 Cr.PC can validly be made. Jobeda Khatun Vs. Momtaj
Begum and others 138LD (AD) 31
Ref: AIR. 1924(Nag. 380, 23
DLR(SC)14: 36 DLR(SC)14; 36 DLR (AD)44; In re, N.P. EssappaChettiar, AIR 1942
(Mad) 756; ALR 1924(Cal) 334, AIR 1928(Cal)464; ILR 1950 All 543, AIR
1959(SC)960; (1909) 21 C 266, AIR 1938(Pat) 606, 1970 UJ(SC)75; Twenty one
year's Supreme Court Digest, 1950-70 by Sk. Agarwal, volume 2(1972) at page
662-Cited
Jurisdiction
Section of the Code of
Criminal Procedure provides the procedure for trial of criminal cases and lays
down that Cr.P.C. extendsonly to Bangladesh. S.1 Abdul Haque Vs. The State,
14BLD (HCD) 204 , Abdul Haque Vs. The State, 14BLD (HCD)204
Jurisdiction
In an appropriate case a
party can avail of section 561A Cr.P.C. even after the Sessions Judge exercised
his power under section 439A Cr.P.C. Soleman Vs. A. Barek Khalifa and others,
15BLD(HCD) 198 Ref: 4 BLD (AD) 165; 26 DLR 17; 27 DLR 260, 20 DLR (DACCA) 367;
PLD 1968 (Peshwar) 214; 25 CH L J. 1161 (Rangoon); 50 Crl.LJ. 967 (All), 32
CrLLJ. 1237 (Cal); AIR. 1947 (Lahore) 227-Cited
Jurisdiction
When the Government
allocated function under sub-section (7A) of section 167 Cr.P.C. to the
Additional Chief Metropolitan Magistrate and be passed the order of revival,
such an order is valid and legal. Government of Bangladesh Vs. Shah Alam,
15BLD(AD) 108
Jurisdiction
When a Single Judge of the
High Court
Division exercises
revisional power under section 439 Cr.P.C. and affirms the order of conviction
and sentence passed against the petitioners a Division Bench has no jurisdiction
to sit over the said judgment in exercise of power under section 561A Cr.P.C.
Moqbul Ahmed and another Vs. The State and another, 17BLD (AD) 207
Jurisdiction
The Special Tribunal had
jurisdiction to try only the cases as enumerated in the schedule of the Act and
not beyond that. An offence under section 342 of the Penal Code is not included
in the schedule of the Act and cannot be basis for conviction as the same is a
non- schedule offence. The High Court Division acted wrongly and without
jurisdiction in convicting the appellants under section 342 of the Code when
the same is not triable by the Special Tribunal at all. The alteration of conviction
from a schedule offence to an offence which is only referable under the Penal
Code is not legally permissible-Special Powers Act, 1974(XIV of 1974),
Section-30 Penal Code, 1860 (XLV of 1860) Section-342
Abdur Rahman and others Vs.
The State, 19BLD (AD) 4
Jurisdiction and function of a Sessions Judge and a Special Judge is quite distinguishable and one cannot exercise the jurisdiction of other though sometimes judge may be the same person: In the instant case, admittedly, the case is under investigation i.e. at the pre-trial stage and pending before the Chief Metropolitan Magistrate, Dhaka. Metropolitan Magistrate concerned granted bail to the accused respondents during the period of investigation, against which victim-petitioners moved an application before the Metropolitan Sessions Judge, Dhaka, not before the Metropolitan Senior Special Judge, Dhaka. The learned Metropolitan Sessions Judge had dealt with the matter as miscellaneous case as Sessions Judge. Court of Sessions for every session’s division, in particular Dhaka Metropolitan area has been established by the government as per provision of section 7 of Code of Criminal Procedure, whereas Special Judge and Special Court have been set up under the provision of Act of 1958. A Sessions Judge acts under the provisions of Code of Criminal Procedure, whereas the Special Judge acts under the provisions of Act of 1958. Thus, jurisdiction and function of a Sessions Judge and a Special Judge is quit distinguishable and one cannot have the jurisdiction to exercise other jurisdiction though sometimes judge may be a same person. ...(Paras 24 and 25)
Section 435 of the Code of Criminal Procedure: In view of the above specific provision as contemplated in the Code of Criminal Procedure, if anyone is aggrieved by an order including granting bail to an accused passed by a Magistrate, he ought to have preferred a revisional application before the Court of Sessions, if so advised or desired, as the order is revisable one. We have no hesitation to hold that a specific statutory provision cannot be overridden by so-called usual practice. When there is specific Provision of Law to ventilate a grievance particular in that event an authorized practice cannot be appreciated and endorsed. ...(Paras 30 and 31)
Jurisdiction of Special Judge in cases initiated by any agency other than the Anti[1]corruption Commission under the Money Laundering Protirodh Ain: The Special Judge appointed under the provision of Act of 1958 has no jurisdiction to deal with a case initiated under Money Laundering Protirodh Ain by any other investigation agency other than the case initiated by the Commission before taking cognizance. ...(Para 41)
Jurisdiction of the Magistrate in cases initiated by any agency other than the Anti[1]corruption Commission under the Money Laundering Protirodh Ain: Thus, before submitting report as per provision of section 173 of the Code of Criminal Procedure and taking cognizance of the offence by a Special Judge appointed under the Act of 1958 i.e. at the pre-time stage an accused has every right to move all kinds of applications including the application for bail before the Magistrate concerned where the case is pending and record lies. And as per provision of section 497 of the Code of Criminal Procedure the Magistrate concerned has got the jurisdiction to deal with the matter in accordance with law. ...(Para 44) Section 497 and 498 of the Code of Criminal Procedure: In the absence of any express or implied prohibition in any other special Law or Rule, the Magistrate concerned may entertain, deal with and dispose of any application for bail of an accused under section 497 of the Code of Criminal Procedure. In case of rejection of his application for bail he may move before the Court of Sessions by filing a Criminal Miscellaneous Case under section 498 and thereafter in case of failure before the Court of Sessions, he can move under section 498 of the aforesaid Code for bail before the High Court Division. ...(Para 46) 16 SCOB [2022] AD 89
