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Chunnu Vs. State, 2011, 40 CLC (HCD)

....pellant Chunnu dealt the blow. In presence of other corroborating evidences supported by the eye-witnesses P.W. 3 and P.W. 11, we are of the view that this discrepancy in the deposition of P.W.4 is a minor one which may happen in a case like this when the witnesses deposed before the Court long afte......, Alam and other accused surrounded the deceased with hockey-sticks and deadly weapons, he deposed. He saw the informant (P.W. 1), who came when the accused were fleeing away. He then put the injured victim on a rickshaw with the help of Mustak and P.W. 1 for the purpose of taking him to the hospita......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 ..

Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6

Md. Nazim Vs. State, 2011, 40 CLC (HCD)

.... learned advocate appearing for the petitioner at the very out set submits that since the case was taken cognizance by a Metropolitan Special Tribunal even after considering that the petitioner was a minor boy aged about 14 years of age, the case is triable by a Juvenile court even then taking cogni...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133

Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)

....aman Ain, 2000 (briefly as Ain, 2000) pending in the Court of Nari-o-Shishu Nirjatan Daman Tribunal No.1, Dhaka. 2. Facts, in brief are that on 7-8-2008 at 10-45 am the petitioners kidnapped the minor girl aged about 15 years of the informant from her school premises, thereby they committed the......ions we have gone through the record and given our anxious consideration to his submissions. 7. On going to materials on record it transpires that the first information report, statements of the victim recorded under section 22 of the Ain, charge sheet and other materials clearly disclose the o......in, 2000 (briefly as Ain, 2000) pending in the Court of Nari-o-Shishu Nirjatan Daman Tribunal No.1, Dhaka. 2. Facts, in brief are that on 7-8-2008 at 10-45 am the petitioners kidnapped the minor girl aged about 15 years of the informant from her school premises, thereby they committed the offen..

Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90

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: ......that if he goes with TK. 5,000/- with them he will get Visa but thereafter the informant’s father was found missing, thus in the charge it was not alleged that the appellants was either brought the victim or to have been seen to go with the victim the accused Kazol simply was charged with the alle......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: ..

Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48

Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)

....em and the matter will be settled as very soon he thus lodged the FIR and further disclosed that he got belief that the accused Amena with the help of chairman and other accused persons kidnapped his minor daughter Rafika Rani with a bad intention and confined her since he was busy on searching it w......d of by a single judgment. 2. In both these appeals by the impugned order dated 5.7.2010 the learned Nari-O-Shishu Nirjtatan Daman Tribunal, Joypurhat rejected the 2 applications, one filed by the victim herself and another filed by the informant for custody of the victim girl in Nari-O-Shishu Ca...... dated 5.7.2010 the learned Nari-O-Shishu Nirjtatan Daman Tribunal, Joypurhat rejected the 2 applications, one filed by the victim herself and another filed by the informant for custody of the victim girl in Nari-O-Shishu Case No. 106 of 2010 arising out of Panchbibi P.S. Case No.12 dated 19.3.2010 ..

Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....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]. ...... report to this Court within 24 hours with regard to their actions and measures taken in connection with the incident and as to why direction should not be given to respondents No. 4 to 6 to send the victim Shuma (10) for immediate treatment in the nearest One Stop Crisis Centre at Dhaka Medical Col......ushed her on to the floor and inserted the handle of a hot cooking utensil (stirrer/paddle) (গরম খুন্তি) into the back passage of the domestic housemaid, aged 10 years, and that the girl was in a critical condition receiving treatment at the Dhaka Medical College Hospital. The repo..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)

....ari-O-Shishu Nirjatan Daman Ain, 2000(Amended in 2003) (briefly as Ain, 2000) pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal. 2. Facts, in brief are that on 11-06-2010 at 4.00 pm. a minor daughter of informant named Liza (14) was abducted in absence of the inmates by the appellant ...... pm. a minor daughter of informant named Liza (14) was abducted in absence of the inmates by the appellant and two others, with a view to marry her, against her will. Having unsuccessful searched the victim, the informant lodged the instant case. 3. The Police after investigation submitted charge......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

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....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. ....... During a period from 2009 till date, this country has faced (and is still facing) a new social menace which has become widely known as “eve teasing” resulting in several suicides by the victim girls, killing of their relatives or other people who try to protect the victims from any att......g a period from 2009 till date, this country has faced (and is still facing) a new social menace which has become widely known as “eve teasing” resulting in several suicides by the victim girls, killing of their relatives or other people who try to protect the victims from any attempt by..

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.......age with the accused Noor Islam. After marriage Shilpi Khatun went to her father-in-law's house twice with her husband, Noor Islam. After completing the pleasure trip in her father-in-law's house the victim Shilpi Khatun was taken to her father's house one day before the Shab-E-Barat. On 25.10.2002,......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)

.... of extra-judicial punishment is impermissible in law and is, in fact, a crime.” The learned advocate points out that the children in the cases mentioned in the writ petition were punished for such minor indiscretion as having long hair, failure to do their homework, failure to bring crayons to sc......that permit forms of corporal punishment. It commented further that the Committee was concerned that although the Constitution prohibits cruel, inhuman or degrading treatment, children continue to be victims of corporal punishment and other forms of cruel and degrading treatment because of its accep......ed out to children in various educational institutions, including Madrashas, Primary Schools and High Schools, and the children upon whom the corporal punishment had been inflicted were both boys and girls of various ages, as young as six years up to 13/14 year olds. 2. An application under arti..

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. ...... also blinded the Tribunal to the unnaturally passive role of the deceased's family members whom the evidence adduced portray as mute by­standers unable to come to the rescue and aid of the .hapless victim while her obdurate husband and brother-in-law continued in their nefarious activity unfazed a...... 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

British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)

....dings and obser­vations we do not find any merit in the leave peti­tion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......dings and obser­vations we do not find any merit in the leave peti­tion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......dings and obser­vations we do not find any merit in the leave peti­tion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..

Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....on party was fined Taka 500, awarded in favour of the convict, and, as such, out of that enmity they have falsely implicated the convict accused in this case. He also submits that, the victim being a minor girl of six years it as inherently improbable to commit rape on her and that her deposition an......examination, the defence case appears to be that the convict has been falsely implicated in this case out of enmity because of imposing fine of Taka 500 upon the informant party in a Salish; that the victim was tutored, that victim's father did not file the FIR against the accused since the case was......ty was fined Taka 500, awarded in favour of the convict, and, as such, out of that enmity they have falsely implicated the convict accused in this case. He also submits that, the victim being a minor girl of six years it as inherently improbable to commit rape on her and that her deposition and the ..

Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154

State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)

....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......্ষম হইয়াছে”। 4. The High Court Division, on the other hand, observed that there is no eye witness of the occurrence, that none saw the accused-respondent to assault the victim, that there is no legal evidence against the accused in support of the charge, that the accus......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ..

Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126

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. ......ajul Shaikh along with her baby was said to have been done to death on the night following 9th October, 1998 and on getting the death news, the informant Md. Bashir Uddin Sheikh (P.W.1) recovered the victims dead bod­ies from the backyard of the house of one Rahman and then lodged an FIR with the l......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. ..

Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15

Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....6-2-2010 the petitioner her­self (the mother of the victim) went to the Motijheel Police Station with a written information wherein it was disclosed that the petitioner became certain that while her minor daughter was in the house of accused Meherunnessa she was raped by Meherunnessa's son Sabuz Kh......ation (the Investigating Officer respondent No.6) were directed to report to this Court as to what steps have been taken with regard to the investigation of the case concerning the dis­appearance of victim Bithi.  3. The IGP and the Director-General (DG) of Rapid Action Battalion (RAB) were......as, Assistant Attorney General and Md. Jahangir Alam, Assistant Attorney General - For the respondents No.1-5. Writ Petition No. 4505 of 2010. Judgment Md. Imman Ali J.- In May, 2009 a young girl aged about 13 years by the name of Bithi was sent by her parents to work as a maid in the house..

Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....y measuring 1.16 acres of land of S.A. Khatian No.92 belonged to Rabeya Khatun. Wazed Ali and others transferred 0.98 acres of land to the plaintiff who purchased on 6.5.1969 in the benami of his minor son, defendant No.1 and got possession. Plaintiff transferred the said land to Khidir Gazi on......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

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. ......2001). Having perused the materials on record the tribunal has framed two charges, one against the accused Nurunabi, Jalaluddin and Fazlul Haque specifying the facts of committing rape by them on the victim Asma Khatun on 27.07.2001 at about 10.00 a.m., by specifying the time, manner and place of oc......ommission of rape by the said three convicts about the identity of the rapists and in expressing her mind to commit suicide because of the humiliation and mental shock this rural, young and unmarried girl had received as the result of the gang rape committed on her. 29. Now the question is whethe..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......n Shashon village, Srimongol, was found by a group of self-professed religious leaders and elders to have been 'talking to a man on the road' and were subjected to 101 lashes. A case was filed by the victim's husband and the police have so far arrested 1 of the 12 persons accused. 10. A news repo......d 6 and/or such other or further order or orders passed as to this Court may seem fit and proper. 13. The case in the Writ Petition, in short, is that eight months after being raped, a 16 year old girl at Village-Khargor of Kasba Upazila in Brahmanbaria had to receive 101 lashes as punishment..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

....ross weight being 18.041 kilogram, under Shipping Bill No.09649 dated 30.5.2000 and Bill of Lading dated 21.6.2000. Then by letter dated 15.7.2000 Forbes informed the respondent that there being some minor discrepancies in the export documents they would accept the same only at a discount price of U...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..

Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63