Case Comments

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State v Ministry of Law, Justice and Parliamentary Affairs: The Supreme Court of Bangladesh on Human Rights Violation by Mobile Courts

In 2017 the High Court Division (hereinafter HCD) declared mobile courts led by executive magistrates as illegal holding that it is ‘a frontal attack on the independence of the judiciary and is violative of the theory of separation of power.’ However, the judgment has, since then, been stayed by the Appellate Division (hereinafter AD). Meanwhile […]
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  1. Case Comments
  2. Constitutional Law
  3. Human Rights Law

The Constitutionality of Article 35-A of Indian Constitution: Gender Justice and Beyond

A Case Commentary on Charu Wali Khanna & Another V. Union of India & Another. A recent petition filed before the Supreme Court of India demands the abrogation of Article 35-A of the Constitution of India and Note III of a 1927 notification defining “permanent residents” in the State of Jammu & Kashmir, (hereinafter J&K). […]
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  1. Case Comments
  2. Constitutional Law

Comments on Major General K.M. Shafiullah & another vs. Bangladesh

What makes the case of Major General K.M. Shafiullah & another vs. Bangladesh one of the most controversial cases in the history of Constitutional Law of Bangladesh is that while disposing of the case the Supreme Court of Bangladesh positively enforced a provision of Part II of the Constitution which has been expressly barred by […]
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An Analysis of the Penal Provision on Adultery in Light of Gender Equality and the Constitution

Adultery is commonly defined as a voluntary sexual relationship between a married person and someone who is not their spouse. In legal terms, it is often considered a breach of the marital contract and can have various legal consequences which also include emotional, psychological, and social impact. For instance, adultery frequently elicits strong feelings such […]
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The High Cost of Dissent: The Quota Reform Movement and Violation of Rights

In the month of July 2024, the Quota Reform Movement in Bangladesh emerged as a powerful symbol for the fight for fundamental human rights, revealing the severe injustices inflicted by the government and law enforcement agencies. The Supreme Court of Bangladesh through landmark cases has recognized the fundamental right to protest against government policies. DHLR […]
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