Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Saturday, June 24, 2017 11:24:52 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 ( 244 )   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 »

Safety on highway must be high on card


AS the Eid-ul-Fitr is knocking the door, home-bound passengers are taking long journey on highways and using Railways and Waterways to reach families overnight. There is acrimonious scene all over and we must say the government must ensure discipline at critical places to avoid mishap. The weather is however good ...

Back Page »

Iftar Mahfil welfare approach


Abdul Muqit Chowdhury :Iftar Mahfil has become a tradition in the Holy Ramzan. Such gathering, if it is a positive approach to contribute to fraternal relation in the society, is surely acceptable. Sharing the joy of fasting irrespective of social status and class is praiseworthy.This reflects allegiance to the Islamic ...

City »

BNP Standing Committee Member Barrister Moudud Ahmed, among others, at a discussion on 'Attack on Mirza Fakhrul Islam Alamgir and Amir Khasru Mahmud Chowdhury and Future of Clean Politics of Bangladesh' organised by Swadhinata Forum at the Jatiya Press Club on Friday.


.

Entertainment »

Alia is Raazi for Meghna Gulzar`s next


Alia Bhatt is all set to feature in Meghna Gulzar’s next, Raazi. The actress would be seen playing a Kashmiri girl marries to a Pakistani army officer in the espionage thriller. Raazi portrays the story of a Kashmiri girl married to a Pakistani army officer who would provide Indian intelligence ...

International »

Senate Republicans unveil Obamacare replacement bill after months of closed-door crafting


Reuters, Washington :U.S. Senate Republicans on Thursday unveiled their version of legislation that would replace Obamacare, proposing to kill a tax on the wealthy that pays for it and reduce aid to the poor to cut costs.With Democrats deeply opposed to Republican attempts to overhaul former President Barack Obama's signature ...

Editorial »

Mayors must do more to contain chikungunya in city


THE outbreak of mosquito borne diseases like a new type of fever called chikungunya, in addition to dengue fever in the city and elsewhere is causing additional concern to city dwellers and public health authorities how to protect people from this danger. People in most families in the city are ...

Back Page »

Zum'atul Wida


Abdul Muqit Chowdhury :The last Friday of the Holy Ramzan is called 'Zum'atul Wida'. It means 'departing Zum'a'. The musallies with due religious fervour join the Zum'a congregation and bid farewell to this month of patience and self-restraint. Al-Quran imposes obligation of the Friday prayer in the followingverses : "O ...

Cricket »

Malinga in hot water over 'monkey' comment


AFP, Colombo :Sri Lanka fast bowler Lasith Malinga faced an investigation Thursday after he compared a government minister to a monkey following criticism that the country's cricketers were too fat.Sports minister Dayasiri Jayasekera said he ordered an inquiry after Malinga lambasted him for questioning the endurance of Sri Lankan players ...

Entertainment »

Harry and Sejal grooving on Radha


Jab Harry met Sejal’s first song Radha is out and it’s as refreshing as it can get. The song features Shah Rukh Khan and Anushka Sharma dancing to the tunes of Sukhwinder Singh and Sunidhi Chauhan on the streets. The peppy number with its foot tapping music and catchy lyrics ...

Entertainment »

Samia Rahman’s Eid reality show Rupantor


Entertainment Report :A reality show will be telecasted in five days of Eid holidays and its result will be announced during this time. This short-term reality show Rupantor is planned by Samia Rahman. She will moderate the show. She will select 30 university females among hundred students. Produced by Samia ...

International »

Macron adds new faces to Cabinet after losing 4 ministers


AP, Paris :French President Emmanuel Macron brought several little-known figures into his government Wednesday as part of a reshuffle after corruption scandals started tarnishing his young Cabinet.Macron had planned to rearrange the government after his centrist party won a majority in parliamentary elections Sunday. He was forced to make more ...

Editorial »

Postponement of new VAT, but much more is needed


THE New VAT Act scheduled to become effective from July 1 is facing new crisis as the Finance Minister has been asked by the highest authority of the government to postpone it for the time being and find out why controversies with business communities and other stakeholders still remained unresolved. ...

Cricket »

Darren Sammy remains in Rajshahi Kings


Sports Reporter :The fifth edition of Bangladesh Premier League (BPL) Cricket will be held in this year. Defending runners-up Rajshahi Kings has started to form their team. West Indian star Darren Sammy led Rajshahi Kings in last year's BPL. Rajshahi Kings have retained Darren Sammy for this year's BPL. The ...

City »

Bangladesh Institute of Planners organised a discussion meeting on landslide at Jatiya Press Club yesterday.


Entertainment »

Afzal Sharif’s Eid TVC


Entertainment Report :Actors of the small screen always believe that they must have worked either play or telefilm in Eid. On the other hand, actors of big screen want their acted movie must be released in Eid. As a result, they pass the Eid festival joyfully. But actor Afzal Sharif ...

 
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