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GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......t Appellants Vs. Imperial Chemical Industries Bangladesh Limited.........Plaintiff-Respondent Judgment March 20, 2011. Result: The appeal is allowed. Cases Referred to- Wali, 19 DLR (Sc) 143; 28 DLR 392. Lawyers Involved: Fazlul Karim with Md. Omar F......uit for purchase of the suit land at Taka 3, 30,000 out of which Taka 31,000 was paid as earnest money. The defendant Nos. 1 and 2 procured Income Tax Clearance Certificate on 24-12-1970 and the life of the said Income Tax Clearance Certificate was valid tilt 31-3-1971. Ultimately the defendant..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......uld not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying declaration of the deceased corroborated each other as to the participation and role played by the Appellants in the killing. Thus, since both the Appellan...... Case No. 10 dated 19-4-2003 under sections 148/149/302/34 of the Penal Code] convicting the Appellants under sections 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay penalty of Tk. 10,000, in default to suffer one year rigorous imprisonment more. ..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ...... State ……………………………………………...Respondent Judgment March 2, 2011. Lawyers Involved: AKM Shamsuddin, Advocate-For the appellants. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 512 of 2007. Judgment AKM Asaduzzama......No. 85 of 2005 arising out of Manikgonj P.S Case No.19 (2)2003 dated 11.02.2003 convicting the accused appellants under section 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine to pay of Tk. 10,000/-, in default to suffer rigorous imprisonment for further a pe..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
...... Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka and others .........Respondents
Judgment
February 15, 2011.
Result:
The Rule is made absolute.
Case Referred to-
Ain O Salish Kendra (ASK), represented by its Executive Director and another Vs. Bangladesh, ......d in domestic labour, is the effect of long hours of work within the confines of the four walls of the employer, which results in serious mental and physical disorders, having a lasting effect on the life of the child. A study done by the Department of Psychiatry and other faculties of the Universit..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
....ievance and intervene to redress even at the instance of public-spirited organization like the petitioner.
Applicability of International Instruments:
18. The Universal Declaration of Human Rights 1948 (UDHR) recognizes the equal rights of men and women (Preamble articles 1 and 2). Discrim......
(Special Original Jurisdiction)
Present:
Md. Imman Ali J
Sheikh Hassan Arif J
Bangladesh National Women Lawyers Association (BNWLA), represented by Salma Ali, Executive Director of BNWLA, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhak......h on the way to her private tutor and the youth put vermillion on her forehead – signifying Hindu marriage. Failing to tolerate the insult and social humiliation, Rupali protested by taking her life.
• Iti lost mental balance (Daily Sangbad on 04.11.2010):
The eve teasers/stalke..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
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.......is rejected. The Criminal Appeal No.4095 of 2005 and the Jail Appeal Nos. 1060 of 2005, 1061 of 2005, 1062 of 2005 and 1063 of 2005 are dismissed with modification of sentences. Cases Referred to- Joygun Bibi Vs. The State, 12 DLR (SC) 157; Hozrat Ali and Abdur Rahman Vs. the State, 42 DLR......ender age and long detention in the condemned cell and as they had no pre-meditation and initial motive to kill the victim, the sentence of the condemned-prisoners may be commuted to imprisonment for life from death. 10. Mrs. Shahanara Begum, the learned Advocate, as State defence lawyer, appeari..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)
....an rights law provide that every individual has a right to respect for his/her human dignity, physical integrity, and equal protection under the law. Bangladesh being a party to the Convention on the Rights of the Child (CRC), 1989, the International Covenant on Civil and Political Rights (ICCPR), 1...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Hassan Arif J Bangladesh Legal Aid and Services Trust (BLAST), represented by its Deputy Director (Legal Aid), Farida Yeasmin and another…………….........Petitioners Vs. Secretary......ldren become inattentive in their studies and in some cases they end up dropping out of school altogether. This obviously has far reaching effects on the child’s development and future prospects in life. Moreover, we have seen in a number of cases that children have resorted to taking their own li..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. .............................................Appellant Vs. Alam......................................................Condemned-Prisoners Judgment January 11, 2011. Cases Referred to- Dilawar Singh Vs. State of Delhi, AIR 2007 (SC) 3234 and Thulia Kali Vs. The State of Tamil......idal or homicidal in nature. Finding no implement or article of furniture that the deceased may have mounted to raise herself aloft and suspend herself from a ceiling beam with intent to take her own life, the Tribunal remained convinced that all physical evidence rather overwhelmingly pointed to a ..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 ......December 9, 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once......on and some bare statements thereabout in the Affidavit-in-Opposition will not suffice. 12. Mr. Md. Ashad Ullah further submits that right to education is implicit in and flows from the right to life guaranteed by Part III of the Constitution and from this standpoint, the petitioners can n..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....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. ......010. Result: The appeal is dismissed with the observations. The Constitution of Bangladesh, Article 102. A Petition of Public Interest Litigation In considering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of ...... there was violation of human rights under Article 21 of the Constitution of India, which provision is in verbatim with Article 32 of our Constitution which provides 'No person shall be deprived of life or personal liberty save in accordance with law." 11. With the passage of time, the Indian..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......Salma Masud Chowdhury J M Rezaul Hasan J Ayub Ali Sheikh alias Buna ............Convict-Appellant (In Jail) Vs. State...........................................Respondent Judgment October 11, 2010. Result: The appeal is allowed. Cases Referred to- State of Himachal Prad...... Rajbari in the Nari-o-Shishu Case No.336 of 2004, convicting the appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2003 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for 6(six) months m..Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ...... Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is granted. Lawyers Involved: Biswajit Dev Nath, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Nahida Sulta......t adduce any evidence. The learned Sessions Judge on consideration of the evidence on record found the respondent No.1 guilty under section 302 of the Penal Code and sentenced him to imprisonment for life with fine, and other accused guilty under sections 302/201 of the Penal Code and sentenced th..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....e parent or guardian of a child, makes an agreement in respect of such child in contravention of section 35, shall be punishable with fine which may extend to one thousand Taka. Convention on the Rights of the Child (CRC) Article 18.2- For the purpose of guaranteeing and promoting the rights ...... ...... of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens- (a) the provision of the basic necessities of life, including food, clothing, shelter, education and medical care; (b) the right to work, that ..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. ......……………………Convict-Appellant (In Jail). Vs. The State………………………Respondent. Judgment August 1, 2010. Result: The appeal is dismissed. Cases Referred to- Yogeshwar Gope Vs. The state, 58 DLR (AD) 2006, page 73; Tunga Veskata Krishnaiah Vs. State o......-appellant Nos.1 and 2 with two other accused persons under section 9(3)/30 and 9(3) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 respectively and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Tk. 1,00,000/- each. 2. The prosecution case started upon an ejaher lod..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
....f extra-judicial penalties including those in the name of execution of Fatwa is bereft of any legal pedigree and has no sanction in laws of the land.
29. Article 31 of the Constitution states:
"Right to protection of law.- To enjoy the protection of law, and to be treated in accordance with la......Petition No. 4275 of 2010).
Vs.
Government of Bangladesh and Others………………………..Respondents.
Judgment
July 8, 2010.
Result:
Rules are made absolute.
Case Referred to-
HM. Ershad v. Bangladesh, 2001 BLD (AD) 69.
Lawyers Involved:
Ms. Sara Hossain, Advocat......y in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with l..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
.... 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.
........…Petitioner
Vs.
Advocate Zulhas Uddin Ahmed and others.............Respondents
Judgment
July 8, 2010.
Result:
The petition is dismissed.
Lawyers Involved:
S. M. Moniruzzaman, Assistant Attorney-General instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner.
Monzil Mors......gned medical services is not warranted and contrary to the fundamental principle of state policy. Moreover, Article 32 of the Constitution provides for protection providing not to deprive a citizen's life and personal liberty except in accordance with law. Providing thereby that a citizen is to be a..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......spondent Judgment May 26, 2010. Result: The Appeal is allowed. The Evidence Act, 1872; Section 114(g) The Code of Criminal Procedure, 1898; Section 161 When to take an Adverse Presumption- In a case where there is no eyewitness or there is hardly......Kasba PS Case No.11(10)98 dated 18-10-1998 corresponding to GR No.301/1998 convicting the appellants under section 302/149/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life and also to fine of Taka 10,000 each in default to suffer rigorous imprisonment for 6 (six) mon..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......r Vs. The State.........................................................Respondent Judgment April 13, 2010. Result: The leave petition is dismissed. Cases Referred to- GA. Monterio 1957AIR (SC) 13 (1889) ILR 26 Cal 158 (DB) AIR 1973 SC 33; P.P. Unnikrishnan V......that the High Court Division rejected the Death Reference and dismissed the Criminal Appeals preferred by the two petitioners altering the sentence modifying the sentence of death to imprisonment for life and allowing the other Criminal Appeals acquitting the other accused persons. The Appellate Div..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......p;…...Respondents Judgment February 16, 2009. Result: The appeal is dismissed with costs and connected Rule is discharged. A religious endowment which is known as Debuttor and which arises on dedication or gift of property to an idol, a Debuttor is managed and adminis......t, ends. Caste has in the past not only led to the suppression of certain groups, but to a separation of theoretical and scholastic learning from craftsmanship and a divorce of philosophy from actual life and its problem. It was an aristocratic approach based on traditionalism. This outlook has to c..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
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. ......y and others.........Respondents (In Civil Petition Nos. 1177 & 1183 of 2009) Dr. Kamrun Nahar and others.................Respondents (In Civil Petition No.1225 of 2009) Judgment October 14, 2009. Result: The petitions are dismissed. Lawyers Involved: Rokonuddi......the right job. The persons who would undertake the nation-building process in every sphere of the State, must be selected very cautiously, otherwise, the rot may creep into its system and cripple the life of the nation and ultimately lead it to the position of a failed State. That is why special car..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
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