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Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)
....f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355....... before the Court below the appellant moved this appeal before this Court. 4. The learned Advocate appearing for the appellant submits that the victim Liza eloped with the appellant out of her own free will and volition. He lastly submits that meanwhile the matter in issue was compromised between...... instituted the case accusing the appellant and others for committing the offence under sections 7, 9(1) 30 of the Ain, 2000 and police also submitted charge sheet under those sections but it appears from the supplementary affidavit filed today that the informant herself appearing in the Court below......f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355...Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178
....common knowledge, the word ‘teasing’ refers to funny comments for amusement passed by one or more individuals to others. It is usually harmless if it is done between friends in a friendly environment and if the same is welcomed by the female recipient. But if it is not received easily be......es do not feel safe to assist police or to give information to the rights organizations to get any relief. Referring to the unabated situation prevailing in the country, she submits that the right to free movement as guaranteed to a woman under Article 36 of the Constitution has been rendered nugato......ney General with Samarendra Nath Biswash, Assistant Attorney General-For the respondent No.2.
Writ Petition No. 8769 of 2010.
Background:
Sheikh Hassan Arif J.-
1. During a period from 2009 till date, this country has faced (and is still facing) a new social menace which has beco......ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......xcess of authority. Unless the courts are able to develop doctrines of this kind, and to apply them energetically, they cannot impose limit on the administrative powers which Parliament confers, so freely, often in almost unrestricted language………...(33 & 34) Amendment power and ......ourt cases. . . Amendment' is a change in some of the existing provisions of a statute . . . a law is amended when it is in whole or in part permitted to remain and something is added to, or taken from it, or it is in some way changed or altered in order to make it more complete or perfect or ef......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......he Tribunal below also ascertained the truth as well as the voluntariness of the confessions made by the condemned-prisoners. The learned Magistrate found that the condemned-prisoners gave a full and free account of the occurrence in order to satisfy that they along with absconding convict were, rea......me there for fetching Shilpi Khatun. The accused Noor Islam stayed in that house for a week. Thereafter, on 31.10.2002 at 4-30 P.M. the accused Noor Islam got into a bus with the victim Shilpi Khatun from Jhoudanga Bus-stand for going to his own village of Nilkantha Nagar. On that-date, at about 6-3......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141...Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... to provide facilities to the child under Article 39(e) and (f) of the Constitution. It was also observed that child cannot develop to be a responsible and productive member of the society unless and environment is created which is conducive to his social and physical health.” 41. From the abov......s well as subjecting them to severe permanent psychological damage and can interfere with making them well educated and productive members of the society as well as denying them their basic rights to freedom from violence. She also points out that no steps or action appears to have been taken to dat...... lucky ones who have children dote over them and yet it seems there comes a time when the parents impose all sorts of punishment upon their children either directly or indirectly, as will be apparent from the cases which have been brought to our notice in this petition. It is stated that young child...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ...... or circumstantial. Consequently, we set aside the order of conviction and sentence passed against the appellant and give him benefit of doubt. He stands acquitted of the charges. He shall be set free immediately, unless required in any others." 27. Reference to the Surathal and Post-Mortem......e philandering Alam demanding dowry and subjecting Vanu to physical abuse for the same. On 25-12-2002 at around 8-00 PM the condemned-prisoner and his brother Amanat asked Vanu to bring Taka one lakh from her father and her brother Rezaul Karim that very night threatening to kill her if she failed. ...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......l effect for not adhering to the principle of 'Audi Alteram Partem'. 24. The principles of natural justice are applied to administrative process to ensure procedural fairness and to free it from arbitrariness. Violation of these principles results in jurisdictional errors. Thus in ......No. 5 vide Memo No. শেকৃবি/সিঃ ৩৫তম(বাস্তঃ)প্রঃ/০৮/৭৩১(২) dated 19-11-2008 (Annexure-'1') cancelling the admission of the petitioners from Sher-e-Bangla Agricultural University, Dhaka should not be declared to be without lawful author...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......enal Code. 16. Mr. Md. Khurshid Alam Khan further submits that it is an admitted fact that the petitioner is a beneficiary and if the Rule is made absolute, other beneficiaries will get off scot-free and this will have a demoralizing effect upon the prosecution case. 17. Mr. Md. Khurshid A......8-8-2006. Anyway, on 29-3-2007, an ejahar was lodged with Motijheel Police Station, DMP, Dhaka by one Mr. Shafiul Alam, Assistant Director, Anti-Corruption Commission, Dhaka stating, inter alia, that from 2004 to 2006. Mr. Mirza Abbas Uddin Ahmed, the then Minister for Housing and Public Works, abus......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......hout due process of law.
There are no cogent reason for detaining the goods in question purchased by the petitioner..
When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, there cannot be any legal reason for continued seiz......gment.
2. In Writ Petition No. 7367 of 2010, Rule was issued calling upon the respondents to show cause as to why their inaction in releasing the petitioner's validly purchased lentils from arbitrary seizure should not be declared to be of without lawful authority and is of ......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......hout due process of law.
There are no cogent reason for detaining the goods in question purchased by the petitioner..
When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, there cannot be any legal reason for continued seiz......gment.
2. In Writ Petition No. 7367 of 2010, Rule was issued calling upon the respondents to show cause as to why their inaction in releasing the petitioner's validly purchased lentils from arbitrary seizure should not be declared to be of without lawful authority and is of ......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....-3, the Uttara Model Town (UMT) by a writ petition in the High Court Division. It's claim is that it has been active since 1992 as one of the organizations with expertise in the regulatory field of environment and ecology. Since its inception BELA has undertaken a large number of public interest l......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ...... Road No.22 and connecting it to Road No.20. The writ respondent No.2 has already initiated the process to implement the layout plan and has started allotting plots on the lakeside land deviating from the original Master Plan. The reclamation and allocation of the plots on lake side has created ...... allegations of the residents. The said report has recorded the fact of deviation from the original Master Plan and factually supported the concern of the inhabitants with regard to degradation and pollution of environment in case part of the lake was filled up for allocation on the vacant land of..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......y;taining specific allegation against an employee of the Grameen Bank under section 408 of the penal Code should not be thrown away for such legal defect giving opportunity to the offender to go scot-free. In such view of the matter, the learned Magistrate shall send the petition of complaint to the......007 against the sole accused-petitioner Shanik Chandra Borman, who was an employee of the Grameen Bank. During the years 2003-2006, he was entrusted with the responsibility of collecting installments from the members of the Grameen Bank. At that time, he misappropriated a total amount of Taka 65,886......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....004. Judgment Md. Imman Ali J.- There are 25,000 child workers aged between 4 to 14 years in the ‘bidi’ factories situated in Haragacha, Rangpur and they work under unhealthy and unhygienic environment risking their lives. This was stated in a report published in the Daily Ittefaq on 05.10....... Art.17. Free and compulsory education.- The State shall adopt effective measures for the purpose of - (a) establishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law; (b) rela...... of such stories regarding children toiling in the ‘bidi’ factories in Rangpur the petitioners, Ain O Salish Kendra (ASK) and Aparajeyo Bangladesh filed the instant writ petition seeking an order from this Court declaring the continuous failure of the respondents to ensure healthy, hygienic and ...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......fter occurrence and that there is no contradiction in her three statements made respectively to P.W.2, 3 and 1 and that the statements of the victim, as proved by the P.Ws.1-3 as natural, as true and free from any taint and ill motive. 30. In this regard, the law is settled that the statement, of......0 a.m. the accused Rehana Begum, wife of the accused Jamal Mollah, called away his daughter Most. Asma Khatun (17) on the excuse of sewing a katha (a homemade blanket type wrapper used during winter) from the house of the informant to the home stead of Jalil Mollah and pushed her inside the east-bhi......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
.... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
......যাথলজিক্যাল ল্যাব্রেটরি”. So, in order to ensure the proper treatment of the citizens the writ-petitioner or any interested person can establish a free health care society. It is very clear that the health care sector is no more a charitable servi......by the High Court Division in Writ Petition No.1190 of 2009 making the Rule absolute.
2. The facts involved in the case, in short, are that the writ-petitioners are challenging the collection of VAT from the citizens in case of health treatment at hospitals, clinics and doctors' chamber. The writ-p...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......initely a matter of governmental discretion, for which the government is accountable only to the Parliament and, of course to the populace at large. According to him, unless the government is given a free hand in the decisions taking process, pertaining to such matters, and if the sword of prosecuti...... matter and referred the case to the Court of the Divisional Special Judge, Dhaka, for trial. 4. The Senior Special Judge concerned, by a letter dated 1.2.2003, confirmed the receipt of the case from the Court of the Metro Senior Special Judge, Dhaka. The said learned Judge, on an earlier date,......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... or drawn up a conviction or order that was bad on it’s face was a writ of certiorari to quash the conviction or order. The process by which this proposition came to be established is still not free from obscurity; but by 1700 it was possible for Holt CJ., in the famous case of Groenvelt Vs. B......f which has been questioned by this petition. It has been asserted that since a decision arrived at with a malafide intent cannot be reckoned to be a decision in the eye of law, the whole proceeding, from top to the toe, is bound to founder. It has been contended that as per Section 3 of the Durnity......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... or drawn up a conviction or order that was bad on it’s face was a writ of certiorari to quash the conviction or order. The process by which this proposition came to be established is still not free from obscurity; but by 1700 it was possible for Holt CJ, in the famous case of Groenvelt Vs. bu...... which has been questioned by this petition. It has been asserted that since a decision arrived at with a malafide intent can not be reckoned to be a decision in the eye of law; the whole proceeding, from top to the toe, is bound to founder. It has been contended that as per Section 3 of the Durnity......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......cess started with the establishment of the PSC itself. The functions were not given in the hands of the political government but entrusted with an entirely independent constitutional body, completely free from any influence, either from the political government or anybody else, so that the PSC would......titions. 3. The PSC as well as the successful candidates contested the Rules by filing affidavits-in-opposition. The main contention of the PSC is that it reserves the right to select any person from any running process of appointment and that in the case in hand, it recommended the names of th......consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....lan of Action for Children, 2005-2010, wherein we note that the then Prime Minister in her message wrote as follows: "Children are the greatest asset of our country. We should provide them proper environment for blossoming to their full potentials. With the preparation of the 3rd National Plan o...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......nd section 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 an...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
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