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Human Rights & Peace for Bangladesh & others Vs.Govt of Bangladesh & Others, 2009, 38 CLC (HCD) [হিউম্যান রাইট্স এ্যান্ড পিস ফর বাংলাদেশ গং বনাম বাংলাদেশ গং, ২০০৯, ৩৮ সিএলসি (হাইকোর্ট ডিভিশন)]

....াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......h servey by a special team and restoring the said rivers to their original condition and why all the respondents should not be directed to protect rivers namely Buriganga, Turag, Balu and Shitalakkha from illegal encroachments and earth filings and/or such other or further order or orders passed as ......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ..

Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19

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

....ular month had been withheld by the owner as a punishment indeed. 9. Media: Parveen is a thirty years old unmarried young woman who has been working as reporter for a vernacular daily. The environment of the organization, according to Parveen is prone to sexual harassment. She herself has......ied to rape her. While the supervisor grabbed her from behind and gagged her, the manager tried to tear her clothes off. At one stage she started screaming and cried for help. When she tried to break free and screamed the manager attempted to choke her with the help of a shirt. She started bleeding ......hted how the sexual harassment was taking place in different organizations and institutions. The Committee at the press conference presented a statistics showing 333 incidents of repressions on women from January to June 2008. The Committee also adopted seven resolutions including framing of guideli......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. ..

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

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

....petuosity. To even consider any form of retributive or deterrent punishment in the guise of protection of society would be a regressive step shutting our eyes to our obligation to provide a congenial environment in which our children may grow and flourish into worthy citizens. At all times the welfa......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. ......rovisions of section 67 of the Children Act, 1974. 2. The facts of the case, in brief, are that Md. Zahidul Hasan, alias Rony, henceforth referred to as Rony, was accused of taking gold jewellery from a young girl and thereafter killing her. He was charged under section 302 of the Penal Code and......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. ..

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

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

....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ......sued an order under Rule 3(d) of the Government Servant (Discipline and Appeal) Rules 1985 raising allegation against the petitioner of corruption and other offences and purportedly obtained approval from the Supreme Court as to initiation of departmental proceeding against the petitioner without ac......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ..

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

Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)

....e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280.   ......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280.   ......to the revenue budget and 19 em­ployees lost their jobs. One other displaced employee was absorbed into a vacant post of Jeep driver and another died. Subsequently, out of the remaining 17, apart from the seven petitioners and one other, who has become insane, the remaining displaced employees w......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280.   ..

Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1

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.   ...... on 14.12.2008. 12. Ms. Sara Hossain, learned Advocate for the petitioners, submits that the detenu was illegally detained by respondent Nos.1 to 3 and that such detention infringes her right to freedom enshrined in the Constitution. The learned Advocate for the petitioners further submits that......;ents began deteriorating in 1999 when as a medical student at Dhaka Medical College, she married a fellow student, namely, Syed Farhan Ali (Rajib) of her own volition. For fear of a hostile reaction from her parents the detenu did not inform of the marriage and continued the marital relationship wi......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.   ..

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

Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

....pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ......he ex parte decree must be understood to have been expressed for the purpose of the above Rule only and would not be binding upon the District Judge. The learned District judge shall be absolutely free to hear afresh and dispose of the matter, which is sent back to him. Parties are directed......of the deity by generation. He has been offering 'Puja' every day to the deity. 3. On 22-4-08 the police came to the temple in connection with a case. On enquiry and upon receipt of information from the Court on the very same date, he came to know that on 19-12-84 one Majharul Islam Chowdhur......pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ..

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

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

....he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......10,000, in default to suffer rigorous imprisonment for six months more. 2. Prosecution story, in brief, is that this convict is the nearest relation and neighbors of the informant. So, he had free access at the house of the informant. Informant had an adult unmarried daughter. In the absenc......e. At 12-00/12-30 PM he returned home and found the appellant and his daughter in a compromising position. Finding that he talked with the appellant who said that he would marry the victim. Recital from the holy Quran was performed and it led to free access of the convict at the house of the inf......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ..

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. ......nable against a private individual when the question of illegal custody arises. We are conscious that our task, of course, is to resolve the issue involved in this case by constitutional measurement, free from emotion and predilection. It is worth mentioning that determination of legal or illegal cu......ea about DNA Paternity Test. A paternity test works by comparing a child’s DNA profile with that of an alleged father (and often the mother as well). Because a child inherits half of his or her DNA from each biological parent, such a comparison reveals whether the child could have inherited DNA fr......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. ..

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

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

....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......o make any Ordinance altering or changing such basic feature and/or structure of the Constitution. The Caretaker Government must be involved only to assist and aid the Election Commission for holding free and fair election of the members of Parliament as early as possible and to hand over power to t......s stated to be an Advocate of the Supreme Court and made the writ petition in public interest to uphold the supremacy of the Constitution for ensuring the independence and separation of the judiciary from other organs of the State. He challenged the constitutionality of the Ordinance. 6. The pr......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ..

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

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

....is dependent of personal daily activities and he needs intensive physiotherapy in advanced rehabilitation centre. It is also asserted that to save his life beside best treatment a good and healthy environment free from any mental pressure and the family support is essential. On perusal of the Me...... of personal daily activities and he needs intensive physiotherapy in advanced rehabilitation centre. It is also asserted that to save his life beside best treatment a good and healthy environment free from any mental pressure and the family support is essential. On perusal of the Medical Report......again he suffered brain hemorrhage for the second time on 24.06.2008 and since then he has been in I.C.U. in the Hospital without any improve­ment. It is also asserted that he has been suf­fering from serious illness endangering life as reflected on various news items on different dates publis......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. ..

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

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

....more beneficial provisions dealing with children. It is stated in the preamble of the UNCRC that the child for the good and harmonious development of his or her personality should grow up in a family environment, in an atmosphere of happiness, love and understanding. It is also stated in the UNCRC, ...... about its authenticity, would it be necessary to turn to other records such as school registers and radiographic plates used to assess age. The last mentioned process, though clearly independent and free from human taint, is accurate only to a certain degree. 12. The age of the girl having been......eing, the views of the child, its parents, guardians, extended family members as well as social welfare agencies must be considered. 6. Where the best interests of the child demands its separation from its parents, special protection and assistance must be provided and there must be alternative c......y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ..

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

Abdul Hannan Vs. State, 2008, 37 CLC (HCD)

....h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ...... to render substantial assistance. He should be given a brief similar to that prepared for public prosecutor and it would be convenient if the two briefs were prepared together. He should be supplied free of cost, with copies of all papers as per this Rule 6 of LR Manual. The accused is not only ent......mentioned in the confession with regard to the participation of the accused person in the crime must be separately and independently corroborated, nor is it essential that the corroboration must come from the facts and circumstances discovered after the confession was made………&he......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ..

Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175

Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)

....hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915.  ......itioners were produced before the Court and informant had the probability to see them in Court. The learned Counsel submits that recognition in above manner of TI Parade by the informant cannot be free from doubt and the petitioners have been languishing in the jail for a long time, therefore, t......g a first information report on 14-2-2007 by Md. Tojammel Hoque, as informant with the Thakurgaon Police Station alleging, inter alia, that on the night following on 13-2-2007 when he was returning from Thakurgaon by motor­cycle and reached at Daspara, then some unknown dacoits attacked him and ......hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915.  ..

Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......s and as such, there is nothing to interfere with acquisition proceeding. He further submits that meanwhile, Gazette notification had been published and as such, the property vested in the Government free from all encumbrances. He then submits that the video recording of land proposed to be acquired......ion No.1448 of 2008, in brief, are: Because of increase of population and vehicles in Dhaka City Corporation (in short, DCC), the Government imposed restrictions on plying trucks within the city from morning to 8/9 p.m. As a result, the members of English Road Iron and Steel Merchants Associati......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..

Category: Property Law | Date: 8 Jun, 2008 | Hits: 11

Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

..... The profession of Urban and Regional Planning has grown in the recent years to encompass all aspects of the systematic development of human settlements, including the use of land, protection of the environment, economic productivity and the future allocation of physical and social public resources......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......anner as stated in Serial No.4 of the schedule of the said Gazetted Officers (Urban Development Directorate) Recruitment Rules, 1974, runs thus: 4. Senior Planner.- By Promotion from amongst the Junior Planners, Senior Research Officers, Assistant Engineers, Economist, Geograph......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ..

Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49

Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)

.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ...... the Company was C-26132 (Annexure-'C'). Subsequently, the said company upon passing a special resolution at its Extra-Ordinary General Meeting approved a change of name and upon obtaining permission from the Board of Investment, Government of Bangladesh ("BOI") came to be named as "AVENTIS CROP SCI...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ..

Category: Company Law | Date: 12 Feb, 2008 | Hits: 123

Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)

....me accused persons excepting one. Though conviction of one accused also caused mis­carriage of justice. 50. In order to appreciate evidence, the court is required to bear in mind the set-up and environment in which the crime is com­mitted and the level of understanding of the witnesses. The c......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......oung per­sons entered into the salish and broke up the salish forcibly and took the victim to the house of the accused and that thereafter the infor­mant and his mother brought back the victim therefrom and then filed the case. 3. SI Mehedi Hassain took up the investi­gation, visited the pla......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..

Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27

AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)

....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......that the accused petitioner, in collusion with the concerned Government officers, unlawfully purchased and hoarded some books in his godown, although the books were meant for distribution to students free of any price under a government programme. In this Case also police report was not submitted. ......07. 12. In this case opposite party State has not filed any counter, affidavit, but contested the Rule and Sayed Haider Ali, the learned Deputy Attorney-General, opposed the bail prayer. We find from paragraph 6 of the application that, over the self same occurrence, earlier, two different priv......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..

Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......, directing against the judgment and order of acquittal dated 31-7-2003 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka acquitting all the accu­sed-opposite parties from the charge under sections 326/302/34 of the Penal Code in Ses­sions Case No.408 of 2001 arisi......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8