Criminal Law Rape Law Departure from ‘Penile-Vaginal’ Penetration: Redefining Penetration as a Constituent of Rape Rape is a crime of violence, not sex. It is a heinous crime against a person’s dignity. Justice Krishna Iyer in the case of Rafiq v the State of UP said that the murderer kills the body of a victim but the rapist kills the soul. The first codified law regarding rape and its punishment […] Written by Soeb Aktar June 21, 2022June 21, 2022
Criminal Law Right to Leave Travel Ban Travel Ban on the Accused: The Current Legal Regime in Bangladesh Every citizen of Bangladesh has the right to leave and re-enter the country as guaranteed by Article 36 of the Constitution of the People’s Republic of Bangladesh (Constitution). Minimum curtailment of this fundamental right except as provided by law will be a violation of the constitutional mandate. As an accused person is presumed innocent until […] Written by Shah Maruf March 15, 2022March 15, 2022
Criminal Law Law on Bail Conditional Bail: A Common but Illegal Practice Needs to be Legalized Bail has been established as a method for an accused person to be released from public custody and placed in private custody. However, for many years, courts have granted bail to the accused with an additional burden of restriction, and bail that is accompanied by such restriction or condition is referred to as conditional bail. […] Written by Sazzad Ali Sakib and Arman Hossain February 5, 2022February 5, 2022
Criminal Law Uncategorized Establishing Consensual Sex as Rape Retrospectively upon Breach of the Promise to Marry: Laws and Practice Nowadays, a highly pertinent issue regarding the definition of rape is frequently being discussed. From a general viewpoint, a man who has sexual intercourse with a woman without her consent is said to commit rape. However, a consensual sex shall also be regarded as rape if the consent given by the woman is obtained by […] Written by Sazzad Ali Sakib November 5, 2020September 30, 2021
Constitutional Law Court Corridor Court Corridor 2020 Criminal Law Human Rights Law Judgments of Supreme Court of Bangladesh From the Court Corridor: August Edition This edition of ‘From the Court Corridor’ curates notable pronouncements of the High Court Division (HCD) and the Appellate Division (AD) of the Supreme Court (SC) of Bangladesh during August. In August the HCD partially resumed physical hearing for the first time since March 2020. The chief justice constituted 18 regular benches for the physical […] Written by Ali Mashraf September 30, 2020May 26, 2021
Constitutional Law Court Corridor Court Corridor 2020 Criminal Law Judgments of Supreme Court of Bangladesh From the (Virtual) Court Corridor: June Edition This edition of ‘From the Court Corridor’ highlights notable pronouncements of the virtual benches of the High Court Division (HCD) and the chamber judge of the Appellate Division (AD) of the Supreme Court (SC) of Bangladesh during June. Ordering for compensation in the United Hospital Limited’s fire incident On 27 May a fire broke out […] Written by Ali Mashraf July 29, 2020May 26, 2021
Court Corridor Court Corridor 2020 Criminal Law Human Rights Law Right to Equality Supreme Court of Bangladesh From the Court Corridor: February Edition This edition of ‘From the Court Corridor’ highlights eight noteworthy pronouncements of the High Court Division (HCD) and the Appellate Division (AD) of the Supreme Court (SC) of Bangladesh during February. Banning gender detection of unborn babies In January Advocate Ishrat Hasan filed a writ petition asking the HCD to prohibit the purchase, use and […] Written by Ali Mashraf March 26, 2020May 26, 2021
Criminal Law Human Rights Law #SurvivedandPunished: How to Stop the Criminal Legal System from Harming Survivors of Gender-Based Violence Women subjected to abuse have been promised that the criminal legal system will help them if they report those who abuse them to law enforcement and cooperate with prosecution. But those same systems turn punitive quickly when women act to protect themselves from their abusers. A number of high profile cases in the United States […] Written by Leigh Goodmark September 13, 2019February 24, 2020
Criminal Law Tort Law Sexual Harassment in Workplace: Introducing the Principle of Tortious Liability in Bangladesh “Of all the evils for which man has made himself responsible, none is so degrading, so shocking or so brutal as his abuse of the better half of humanity; the female sex.” – Mahatma Gandhi More than half of the total population of Bangladesh are women. Unfortunately, employment of women in Bangladesh is much lower […] Written by Jahid Al Mamun July 1, 2017February 24, 2020
Constitutional Law Criminal Law Labour Law Uncategorized Domestic Workers: Living on the Edge of Society 11-year-old Aduri, a domestic worker, was rescued in 2013 by a police inspector from a dustbin in the cantonment area in a half-conscious state with signs of torture and severe injuries throughout her body. Earlier this year a 12-year-old domestic worker named Purnima was set on fire by her employer in the city of Rangpur […] Written by Eshaya Binte Hassan November 8, 2016September 16, 2020
How to Research for a Moot A lot is said about the skills of oral advocacy when it comes to moot court competitions, but the importance of proper research cannot be overstated. A team must conduct thorough research to ensure that their written pleadings pass the scoring criteria and form a solid base upon which their oral pleadings can be developed. […] Written by Tahseen Lubaba April 17, 2021September 30, 2021
10 tips to survive the first year of law school The first year in law school is like the first ten overs in a cricket match: you don’t need to be too fast or too slow. In either case, you will be frustrated at one point. The first year is all about being steady and moving forward at a fair pace. However, it’s not an […] Written by Sadman Rizwan Apurbo March 25, 2021September 30, 2021
From the Court Corridor: October Edition (2021) This edition of ‘From the Court Corridor’ curates the notable pronouncements of the High Court Division (HCD) of the Supreme Court (SC) of Bangladesh in October 2021. Rejecting a writ petition where the court’s directives on the enactment of a law for the formation of Election Commission (EC) were sought After the statement made by […] Written by Sazzad Ali Sakib November 30, 2021November 30, 2021
From the Court Corridor: September Edition (2021) This edition of ‘From the Court Corridor’ curates the notable pronouncements of the High Court Division (HCD) of the Supreme Court (SC) of Bangladesh in September 2021. Issuing a rule on why road crash compensation fund should not be made On August 17 five SC lawyers served a legal notice to the defendants including the […] Written by Nowshin Noor October 31, 2021November 1, 2021
From the Court Corridor: August (2021) This edition of ‘From the Court Corridor’ curates the notable pronouncements of the High Court Division (HCD) of the Supreme Court (SC) of Bangladesh in August 2021. Issuing rule to formulate policy to prevent bullying at educational institutions On 16 August 2021 Tanvir Ahmed, a HCD lawyer, filed a writ petition (WP) to stop bullying […] Written by Shah Maruf September 30, 2021October 2, 2021
Revisiting the Management of the Ecologically Critical Areas of Bangladesh Biodiversity is defined as the number and types of plants and animals that exist in a particular area or in the world generally. Protecting the biodiversity is of utmost importance in today’s world. Similarly in Bangladesh, the biodiversity of which is in fact an excellent combination of forestry, hills and marine ecosystems, the issue of […] Written by Preeti Sikder July 3, 2022July 4, 2022
Departure from ‘Penile-Vaginal’ Penetration: Redefining Penetration as a Constituent of Rape Rape is a crime of violence, not sex. It is a heinous crime against a person’s dignity. Justice Krishna Iyer in the case of Rafiq v the State of UP said that the murderer kills the body of a victim but the rapist kills the soul. The first codified law regarding rape and its punishment […] Written by Soeb Aktar June 21, 2022June 21, 2022
From the Court Corridor: March Edition (2022) This edition of ‘From the Court Corridor’ curates the notable pronouncements of the High Court Division (HCD) and the Appellate Division (AD) of the Supreme Court (SC) of Bangladesh in March 2022. Directing the eviction of illegal establishments located in Chaktai & Rajhkhali Canals In 2016 Human Rights and Peace for Bangladesh (HRPB) filed a […] Written by Arman Hossain May 1, 2022May 1, 2022
From the Court Corridor: February 2022 This edition of ‘From the Court Corridor’ curates the notable pronouncements of the High Court Division (HCD) and the Appellate Division (AD) of the Supreme Court (SC) of Bangladesh in February 2022. Asking the List of Chemical Warehouses in Old Dhaka On 1 February 2022 the HCD ordered the concerned authorities to submit within 17 […] Written by Shah Maruf April 1, 2022April 1, 2022