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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. ......uld be required." 14. In this context it is pertinent to refer, with approval, to the decision of the case of Abdul Awal (Md.) and another Vs. State reported in 50 DLR (HCD) 483 wherein the victim having been arrested at dead of night from his house was beaten and assaulted to such an exte......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. ..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

.... compensation for use and occupation of the schedule property. 3. It has been stated in the plaint that an agreement was arrived on 15-6-1993 in between the plaintiff and defendant No.1 with his minor sons, defendant No.2 and 3, for transfer of the schedule property. In the deed of agreement it....... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ....... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

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: ......tion of emergency. 59. In Prapat Singh Vs. Punjab (AIR 10964 SC 72), the Supreme Court set aside a decision on malafide ground, holding that the allegation placed by the petitioner that he was a victim of the Chief Minister’s acrimony, has been proved. The Court considered evidence the pe......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: ......tion of emergency. 68. In Prapat Singh Vs. Punjab (AIR 10964 SC 72), the Supreme Court set aside a decision on malafide ground, holding that the allegation placed by the petitioner that he was a victim of the Chief Minister’s acrimony, has been proved. The Court considered evidence the pe......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

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....e it was the weekend holiday none was available. He verbally ordered the constable and the Investigating Officer and the Officer-in-charge of Bhairab Railway Police to search for the relatives of the minor children. Since it was nightfall, considering the welfare of the children, he personally arran......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......rin, learned advocate of the Supreme Court and Vice President of the Bangladesh National Woman Lawyers Association (BNWLA). The report depicts a picture of three very young children, two boys and one girl, alleged to be aged 14, 9, and 7 years respectively. They were apprehended by the Bhairab Railw..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....421/2 decimals of land from their predecessor, the defendant No.2,6,7 and 9 sold 211/3 decimals of land to the plaintiff No.1 on 23.03.79 vide registered deed No.1053. Defendant No.4, 5 and 6 were minors. Defendant No.2 was appointed guardian infavour of the defendant No.4, 5, 8 by the learned D......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....group. Within its wide fold there was monogamy, polygamy and celibacy; they are all tolerated, just as other customs, beliefs and practices were tolerated. Life was to be maintained at all levels. No minority need submit to a majority, for it could always form a separate autonomous group, the only t......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. ......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. ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

....ccording to the school record and the S.S.C. record, the victim was born on 01.04.1993 and she was, therefore, below 17 years of age and according to the provision of  The Majority Act she was a minor and, therefore, according to the provisions of the Guardianship and Wards Act, the appellant b......ipal accused Probir Deb Nath under section 7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended in 2003). At the same time submitting final report against the other accused persons. 4. The victim Kona was ordered to be kept in safe custody and was initially detained in the Laxmipur Distri......l and, thereafter, upon an application by the Jail Superintendent, Laxmipur District Jail, transferred to the Nirapadh Abasan Kendra, Farhadabad, Hathazari, Chittagong. In the meantime the age of the girl was assessed based upon radiological X-ray plates to be 15 years. In her statement recorded by ..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)

.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......ed to go to Sirajgonj from Rajshahi by inter-city train and at the time of departure accused-petitioner Saiful Islam arrived at Rajshahi railway station and gave a small 'bottle of liquid poison to victim Minara Parvin suggesting her to drink the same in empty-stomach and accordingly she drank t...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ..

Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14

Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)

....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......fore the learned Special Judge and Session Judge, Mymensingh, on behalf of the accused-petitioner, wherein he claimed himself absolutely innocent and also claimed that in this case he has been made a victim of a deep rooted conspiracy and that the instant case being a trap case the mandatory provisi......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

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

....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. ......truth of the story of the prosecutrix. In a case of this kind, it is very necessary that before finding the accused persons guilty of rape, the Court should be satisfied that the story of rape by the victim, thewoman, is corroborated either by circum­stantial evidence connecting the accused per­so......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)

.... State. Suo Motu Rule No. 5621 of 2009. Judgment Md. Imman Ali J. - On 10.04.2009 a news item was broadcast at about 9:00 p.m. on Channel I which caught our attention. It was reported that a minor girl by the name of S. [the identity of the girl is withheld in compliance with the provisions......া ঘুমায়না........কোন আইন আপনারা বানালেন।)" 2. It is reported that being aggrieved by the occurrence which took place, the parents of the victim girl took her before the authorities in order to seek justice and the 7 (seven)-year-old chil....... Suo Motu Rule No. 5621 of 2009. Judgment Md. Imman Ali J. - On 10.04.2009 a news item was broadcast at about 9:00 p.m. on Channel I which caught our attention. It was reported that a minor girl by the name of S. [the identity of the girl is withheld in compliance with the provisions of se..

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

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

....orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ...... the trial itself and the validity of the conviction resulting from it may be open to challenge…………………….(34 & 44) Can conviction be ordered on the basis of evidence of the victim in rape case? In a case of sexual offence there is no legal bar in believing the sole t......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ..

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

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

....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ...... and unqualified dis­criminatory power without any guideline and the same has been exercised by the respondents discriminately by adopting a policy of pick and choose and the petitioners have become victim to this arbi­trary policy after having completed several years of service to their credit. T......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..

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

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

....ttee. Normally the complaint has to be lodged with the Complaint Committee within 30 working days of the occurrence. To verify the complaint the Complaint Committee will: i) In case of minor harassment, if it is possible, the Complaint Committee shall dispose of the complaint ......he hierarchy with high job insecurity. 8. Case Study from Garments Sector: Golapi is 18 years old. She is unmarried and has been working in a garment factory for three years. She became the victim of sexual harassment by the manager and one of the supervisors of the factory. The supervisor......o why the respondents failed to adopt guidelines, or policy or enact proper legislations to address the issue of abuse of sexual harassment for protecting and safeguarding the rights of the women and girl children at work place, educational institutions/universities and other places wherever necessa..

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

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

....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......Ain, 2000 (Act No. VIII of 2000); section 6 (1) Under section 6(1) of Ain, 2000, the offence must be a complete one, not an attempt. . . The offence under section 6(1) would be complete when the victim is totally under control of the accused. Unless the victim be totally under the control of th......lone. 19. But we want to assess the judgment as the Judge convicted a woman. It appears from the statement under section 342 of the Code of Criminal Procedure of the accused that she was a young girl of 20 when the offence was committed, although it is clearly seen that her age has been mention..

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

Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

....s father (respondent No.1) is entitled to retain the child in his custody. Moreover, according to section 17 of the Guardian and Wards Act, 1890 the paramount consideration will be the welfare of the minor. Since the petitioner is a lone mother in the U.K. and since she is on student visa there, she...... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168,  29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ...... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168,  29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182

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

....on of sections 496, 497 and 498 of the Code of Criminal Procedure. Thus, the application for bail under section 498 of the Code cannot be entertained………………………(12) Custody of a minor in Nari-o-Shishu case As the victim is a minor, around 15 years of age, her unwillingnes......: The Rule in Criminal Misc. Case No.13454 of 2008 is discharged and Criminal Appeal No. 6945 of 2008 is allowed. Ad interim bail in Nari-o-Shishu case In a Nari-o-Shishu case, the victim is not an accused and thus the question of her release or custody was not a matter for determ......ppeal releasing the victim to the custody of her appellant mother. He has cited a decision in the case of Mostafa Kamal Vs. State, reported in 58 DLR 453 and has submitted that the mother of a victim girl is entitled to such custody. 9. Mr. Md. Shohrawardi, the learned Deputy Attorney-General, ..

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. ......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. ......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 tried in Ses..

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.         ......es". Therefore, all these limitations are the clog over the omnibus power of the G.A. Committee formu­lated for the purpose of protection of the sub­ordinate judicial officers from being victim of any inadvertence or unwitting decision of the G.A. Committee. 29. Now to appreciate t......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