Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Thursday, March 30, 2017 02:41:05 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

A Judge can recall an unsigned order only under notification to the parties

By
18th-Feb-2017       Readers ( 129 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

Appellate Division :
(Civil)
Abdul Wahhab Miah J
Nazmun Ara Sultana J
Md Imman Ali J
Md Nizamul Huq J
Judgment
March 31st, 2016
Moulavi Abdul Wahab
………..Petitioner
Nur Ahmed and others…………….Respondents
Code of Civil Procedure (V of 1908)
Section 115(1)
How a Judge after recalling the order making a matter out of list hear the same on that the very date and dispose the same, in the absence of the petitioner. The High Court Division Rules permits a particular Judge to recall the unsigned order, but that must be done with notice to the parties.. .... (2 & 3)
AJ Mohammad Ali, Senior Advocate instructed by Md Taufique Hossain, Advocate-on-Record-For the Petitioner.
Omar Faruque, Advocate instructed by Madhu Malati Chowdhury Barua, Advocate-on-Record-For Respondent Nos. 1(ka) & 1 (gha).
None Represented -Respondent Nos. 1 (Kha) & 2-18.
Judgment
Md Abdul Wahhab Miah J : This petition for leave to appeal has been filed against the judgment and order dated the 9th day of March, 2011 passed by a learned Judge of the Single Bench of the High Court Division in Civil Revision No. 3614 of 2004 discharging the Rule.
2. In this case we don't feel the necessity to state the facts of the case inasmuch as Mr AJ Mohammad Ali, learned Advocate appearing for the petitioner at the very outset, has drawn our attention to the orders of the concerned Bench which disposed the Rule. From the orders passed in the revision incorporated at page 95 of the paper book, it appears that the concerned Bench made the civil revision out of list by its order dated 6-3-2011, then on 9-3-2011 recalled the unsigned order made on 6-3-2011 and then on that very date delivered the impugned judgment and order discharging the Rule in the absence of the petitioner.
We brought the records of the civil revision from the High Court Division and on perusal of the order sheets, we found the facts as stated at page 95 correct.
It struck our conscience how a learned Judge after recalling the order making a matter out of list hear the same on that the very date and dispose the same, in the absence of the petitioner.
3. We deprecate this kind of exercise of power by the High Court Division. We would like to observe that the High Court Division Rules permits a particular Judge to recall the unsigned order, but that must be done with notice to the parties.
4. In view of the above, we find no other alternative but to send the revision back to the High Court Division for hearing afresh and for disposal of the same in accordance with law on the evidence on record.
Accordingly, this petition is disposed of in the following terms:
The impugned judgment and order of the High Court Division is set aside.
 The revision is sent back to the High Court Division for hearing afresh and for disposal in accordance with law on the evidence on record. Since, the revision is of the year 2004, we feel that the same should be disposed of expeditiously.
 If so advised, the parties may mention the revision before the competent Bench for early hearing and if mentioned, the concerned Bench shall hear the same on priority basis.

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Blaming loan defaulters is not enough, reasons must be examined


IT is reported that the big loan defaulters have not paid the huge debt to the banks despite their rescheduling by Bangladesh Bank in 2015. Now instead of paying their old debts, many businesspersons are moving around banks for a fresh loan. The Central Bank allowed rescheduling of loans of ...

Football »

Minus-Messi, Argentina lose another World Cup qualifier


AP, Sao Paulo :Hours after Lionel Messi was suspended by FIFA for four World Cup qualifying matches, Argentina lost 2-0 to Bolivia in the altitude of La Paz on Tuesday and heightened its risk of missing a spot at Russia 2018.Argentina dropped from third to fifth place, remaining on 22 ...

City »

Air Officer Commanding of Bangladesh Air Force Base Bir Sreshto Matiur Rahman Air Commodore Sheikh Abdul Hannan awarding


Entertainment »

Emma Roberts knows how to step away from spotlight


Emma Roberts has lived most of her life in the spotlight and the actress says that now she has learned a lot about how to handle it. The 26-year-old actress talked about how she has become proficient in maintaining a certain level of privacy when it comes to more personal ...

International »

Scottish Parliament votes for new independence referendum


Reuters, Edinburgh :The Scottish parliament on Tuesday backed First Minister Nicola Sturgeon's bid for a new independence referendum, further complicating Britain's political situation just as years of talks on the terms of Brexit were about to begin.The United Kingdom's vote last year to exit the European Union has strained ties ...

Editorial »

India must not feel too confident about defence pact


THE proposed defence pact with India to be signed early next month on New Delhi's pressure is creating growing public misgivings and many believe that the government should make the deal public to remove people's concern. Media reports said discussants at a round-table including academics, former diplomats and defence experts ...

Cricket »

Taskin hits hat-trick : Lanka make 311


Sports Reporter :Sri Lanka made a fighting total of 311 off 49.5 overs in their first innings against Bangladesh in the second One Day International (ODI) match at Rangiri Dambulla International Stadium in Dambulla, Sri Lanka on Tuesday.Sri Lanka could add at least 15 to 20 runs in their total ...

Entertainment »

The poster of Half Girlfriend launched


The first official poster of upcoming movie Half Girlfriend was launched yesterday. The cast and crew of Half Girlfriend were all geared up for the poster release of the film. Chetan Bhagat along with the lead cast of the film, Arjun Kapoor and Shraddha Kapoor, tweeted yesterday an image announcing ...

Entertainment »

Mizu Ahmed laid to rest


Entertainment Report :Legendary Dhallywood actor and producer Mizu Ahmed, best known for his negative roles, was laid to rest at own hometown’s graveyard in Kushtia yesterday. He died of cardiac arrest on Monday at 8:00pm at the age of 63. He breathed his last aboard a train at Airport Railway ...

International »

Worst humanitarian crisis hits as Trump slashes foreign aid


AP, Nairobi, Kenya :The world's largest humanitarian crisis in 70 years has been declared in three African countries on the brink of famine, just as President Donald Trump's proposed foreign aid cuts threaten to pull the United States from its historic role as the world's top emergency donor.If the deep ...

Editorial »

EU`s threat to scrap duty free export


THE European Union (EU) has asked Bangladesh to further improve the country's labour standard least to avoid suspension of duty free trade privileges. But it appears quite unjustified at a time when Bangladesh has significantly allowed Trade Union to workers  at factory level to represent their problems.  It appears that ...

Sports »

Bangladesh bag titles in Asian Zonal Chess


Bangladeshi emerged champions in both open and women's section in the Asian Zonal 3.2 Chess Championships Open and Women qualifying events of World Cup Chess and World Women Chess Championship that concluded on Monday in Kathmandu, Nepal. GM Mollah Abdullah Al Rakib became unbeaten champion in the open section. He ...

City »

Chairman of Northern University Bangladesh Trust Prof. Dr. A.Y.M. Abdullah confers a honourary crest to the Prime Minister's Economic Affairs Adviser Dr. Mashiur Rahman at a discussion and prize giving ceremony on its Banani campus on the occasion of 47th Independence Day on Saturday.


International »

61 bodies found in Mosul 10 days after air strike


Reuters, Mosul :Iraq's military said on Sunday that 61 bodies were recovered from a collapsed building that the militant Islamic State group had booby-trapped in west Mosul, but there was no sign the building had been hit by a coalition air strike.The military statement differed from reports by witnesses and ...

Entertainment »

Moushumi celebrates two eras of her film career


Entertainment Report :Popular film actress Moushumi celebrated two eras of her acting career on March 25.On this day in 1993, she started her acting career through Sohanur Rahman Sohan directed movie Keyamat Thekey Keyamat. To celebrate the day, Moushumi at her residence in the city’s Uttara area arranged a get-together ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news