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Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)

....ouse and disclosed the incident to her brother and others and a village salish was held in which the accused persons did not appear and hence the petition of complaint was filed which was sent to the local police station to treat it as first information report. 3. The police thereafter investig......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ..

Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

....ion 14(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000] was allegedly raped by her neighbour and distant relative [identity withheld]. The parents of the girl, after getting treatment for her from a local clinic, took her for better treatment to the Osmani Medical College Hospital, Sylhet and, ther......hanism. Nevertheless, the Committee remains concerned that effective coordination and monitoring have not been fully developed, in particular due to the relatively low empowerment of the coordinating body (Ministry of Women and Children’s Affairs (MoWCA)) vis-à-vis other ministries, sectors, and ..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....werage and gas. From the valuation overhead charge, VAT and the profit of the contractor was deducted. In his cross-examination he stated that he fixed the age of the building coming to know from the local public and that is on presumption. He admitted that there may be difference in the schedule as......ion of the movable and immovable property. He denied that the Secretary is not authorised to serve notice on behalf of the Commission. She did not submit any proceeding nor any complaint lodged by anybody. She did not file any paper that any one authorised her to serve notice upon Dr. Mohiuddin Khan..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)

....d did not bring the victim to his house and raped her; that the victim worked in his house as maid servant and that he has been falsely implicated in this case at the instance of his enemies of the locality. 8. Thereafter on consideration of the evidence on record as well as the facts and ci......nd is not a rigid rule of law in a case of reliable evidence of the prosecutix, absence of proof of rape by medical report, non-examination of wearing apparels, absence of scratches and bruises in body of the victim have made case doubtful and the probability of the case is weaken which does not..

Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....r the control of Government. But when the control is merely regulatory whether under a statute or otherwise, it would not serve to make a company an instrumentali­ty or agency of the Government or a local authority." 37. In the said case it was held that although Dhaka Electric Supply Authority ...... exercised arbitrarily and whimsically but must be exercised fairly and reasonably. What is reasonable is a question of fact and must be decided on a case to case basis. When employees of a statutory body like Biman have been working for the Corporation for several years, they cannot be ter­minated..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......red at the Field Office. In one case, Selina who was base line worker in the Field Office used to get harassed by her supervisor. The supervisor, on various occasions, used to touch her and brush his body against her. One day she got held up because of rain and had to wait in supervisor’s office r..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....trict: Shaharma, India, abducted his son, Habib, P.W. 6, in the morning at 8-00 AM of 17-3-2002 and having not found his son, was in search. At that time, he heard that a woman was apprehended by the local people on the brickfield of Kalam at Patkiabari with a boy. On getting this news, he went to P...... possibility of acquittal or the fact does not invite any harsh sentence. It can be seen that from the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running in Bangladesh. Principle of natu..

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

Aysha Begum Vs. State, 2009, 38 CLC (HCD)

....of charge. 4. Facts, relevant for the purpose of disposal of both the appeal and the Rule, in short, are that appellant Aysha Begum, mother of the victim Nurun Nahar Auntu, lodged a FIR with the local police station at Narayanganj Sadar Model Police Station on 26-7-2008 alleging that victim Nur......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ..

Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......arately containing detailed information about the family background, character, aptitude, performance in education, training and such other matters as he may consider necessary. (2) The governing body of a certified institute shall exercise such powers and shall conduct its, business in such man..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... is the power of the High Court Division under Article 102 of the Constitution to issue certain orders, directions, etc. upon a person performing any function with the affairs of the Republic or of a local au­thority, while the Bright to move the High Court Division in accordance with Article 10......sence of law the instant writ petition is squarly main­tainable. Therefore the argument as advanced by learned Assistant Attorney General falls flat. To sum up the proposition as made in the body of this judgment, it is decided; (1) Any proposal for the degradation or suspension of Ass..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2

Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)

....hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ....... 2. The prosecution case, is that the accused persons including the appellant on the night of occurrence abducted the victim Barnali. Then some of them committed rape upon her, spread fire on her body caused her death. After recovery of the dead body her father lodged FIR with Rampal Police Stat..

Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127

Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ...... our culture with a deeply traditional respect for the family hierarchy. 22. Article 31 of the Constitution of Bangladesh provides, among others, that no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. Article 32 ..

Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10

Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 249.  ......ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 249.  ..

Category: Others | Date: 27 Nov, 2008 | Hits: 4

Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)

....s. Within the sweets they administered herbal medicine. The victim girl ale some of the sweets which reacted on her body. As a result, her condition became serious and at once she was taken to the local clinic where the doctor advised that if immediate abortion is not caused, it would be difficu......e Quranic verses to the couple and then declared that their marriage has been performed and they can lead their lives as husband and wife. From that time, this convict beyond the knowledge of everybody used to mix with the victim freely and due to their free mixing victim girl became pregnant. T..

Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ......petitioner to the seven children, through its representatives composed of two members once in a week. Another interim order relating to DNA test was passed on that date, which we will consider in the body of the judgment.  5. Respondent No. 4 filed an affidavit-in-opposition controverting al..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....utory and/or public bodies or authorities. In a proper case, this Division is empowered, inter alia, to direct a person performing any functions in connection with the affairs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that when......f the Supreme Court. Their inclusion in the Commission is not only violative of the elementary principle and fairness but also is contrary to the established principle that the members of a selection body should be higher in rank and status than the persons to be selected and hence, such composition..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)

....od of 4(four) months to the sat­isfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......elecommuni­cations and Housing and Works during the Government of Awami League; that on 24.06.2008 he had suffered brain haemor­rhage in Central Jail, Kashimpur, Gazipur and the left side of his body including the left hand and leg have become paralyzed and his left ear and left eye-sight have..

Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

....e, time and manner as alleged by the prosecution and the accused petitioner is innocent and he has been falsely implicated in the case by showing false recovery of those phensidyls at the instance of local influencial persons who have enmity with the petitioner and he is an innocent person. 7. ......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....g which took place on the specific direction of this Court was done satisfactorily and the age of Arifa has been prima-facie found to be above nine years. We may point out, at this juncture, that the local Union Parishad Chairman, being entrusted by law to keep a record of births and deaths, althoug......r of Rajab Uddin of village Bhomra, District-Shatkhira, along with one Ripon, was caught red-handed having in her possession 29 bottles of phensedyl, which were strapped to various parts of Arifa’s body. Police seized the incriminating articles in the presence of witnesses and produced Arifa and R..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)

.... submitted an application to the Wakf Office for getting appointment as Mutwalli. 8. The respondent No.4, Assistant Administrator directed Wakf Inspector Abdul Quddus on 20.05.2003 to make local inquiry into the affairs of the Wakf Estate with copy to the then Mutwalli Kazi Khairuddin W......ion is not wakf deed but a taliatnama meaning an appointment letter. By taliatnama 1st Mutwalli Khairuddin Kazi appointed his son Kamoruddin Kazi as Mutwalli with the direction up him to appoint anybody as Mutwalli after him and there is direction in the taliatnama (Annexure-B to the writ petitio..

Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166