Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Thursday, January 18, 2018 11:36:54 AM
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       
Comments
Share your thought
Post a comment »
Read all () »

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.

Tariff
Add Rate

News Archive

Inside The New Nation

Business & Economy »

Filippo Lanzi, new head of Asia Pacific GSK Consumer Healthcare


Business Desk :GlaxoSmithKline (GSK) Consumer Healthcare has announced the appointment of Filippo Lanzi as its regional head of the Asia Pacific, encompassing 23 territories. Lanzi is also the newest member of the Consumer Healthcare Strategic Leadership Team and the GSK Singapore Country Board.Lanzi joined GSK as part of a joint ...

International »

US govt shutdown looms amid harsh immigration exchange


Reuters, Washington :Partisan finger-pointing over immigration policy on Tuesday left the U.S. Congress and the White House stumbling closer to a possible federal government shutdown by the end of the week, although Wall Street held out hopes for a deal to prevent that.Republicans who control Congress are expected to try ...

Editorial »

Be careful about corruption over the big projects


Finance Minister AMA Muhith has said the China Harbour Engineering Company Limited that got the contract for expansion of Dhaka-Sylhet Highway had bribed government officials. So, the government "blacklisted" the firm and decided to fund the expansion work of the 226km Dhaka-Sylhet road to a four-lane highway on its own, ...

Sports »

Anett Kontaveit of Estonia makes a forehand return to Germany's Mona Barthel during their second round match at the Australian Open tennis championships in Melbourne, Australia on Wednesday.


Entertainment »

Valentine’s Day telefilm Mithojeebi


Sheikh Arif Bulbon :On the occasion of coming Valentine’s Day, Mir Sabbir and Moutushi Biswas acted together under Azizul Hakim’s direction in a special telefilm titled Mithojeebi scripted by Zinat Hakim to telecast on Channel i. Both Sabbir and Moutushi acted under Azizul Hakim for the first time. Zinat Hakim ...

City »

BNP Chairperson Begum Khaleda Zia appeared before the special court on Bakshi Bazar Alia Madrasha premises in the city yesterday on two corruption cases filed by Anti-Corruption Commission.


Editorial »

Lies about economic progress are coming out


The economy has come under pressure due to the banking sector crisis, inflation and soaring imports amid inadequate export earnings and insufficient remittance inflows, the Centre for Policy Dialogue (CPD) said recently. The banking sector is suffering from cronyism, the think-tank said, adding that various irregularities and embezzlement of public ...

Sports »

Petra Kvitova of the Czech Republic makes a forehand return to Germany's Andrea Petkovic during their first round match at the Australian Open tennis championships in Melbourne, Australia on Tuesday.


Entertainment »

Much-awaited intense and gripping trailer of Breathe


After tantalizing the senses of audiences with the edge of the seat teaser, Amazon Prime Video and Abundantia Entertainment have now released the much-awaited trailer of Breathe. Breathe brings to the audience R Madhavan in the OTT space for the very first time. The trailer of the digital series is ...

Entertainment »

Richi works in a serial after returning country


Sheikh Arif Bulbon :Popular TV actress Richi Solaiman returned to Bangladesh on December 8. This time she came here to pass time only with her family and close persons of media. Despite having earlier schedule to come to country Richi did not agree to work for this reason. After returning ...

International »

We will `strangle` US-backed force in Syria `before it`s even born`: Erdogan


Reuters: Beirut :Turkey's Tayyip Erdogan threatened on Monday to "strangle" a planned 30,000-strong US-backed force in Syria "before it's even born," as Washington's backing for Kurdish fighters drove a wedge into relations with one of its main Middle East allies.The United States announced its support on Sunday for plans for ...

International »

Melania, America's enigmatic first lady


AFP, New York :Groomed to perfection yet rarely heard in public, Melania Trump is an enigma-a first lady whose opinions, marriage and goals remain a mystery to millions of Americans.She is without question a unique first lady: a former model who once posed nude in her husband's private jet; the ...

Business & Economy »

NRBC Bank aims to woo investment, quality banking


Kazi Zahidul Hasan  :NRB Commercial (NRBC) Bank Ltd has taken steps to bring substantial amount of foreign investment mainly from expatriate Bangladeshis this year in line with the objective it stated in the founding charter. "The bank was established to bring investment of non-resident Bangladeshi (NRBs) but it slipped from ...

Business & Economy »

Syed Waseque Md. Ali, Managing Director of First Security Islami Bank Limited, poses with the participants of the 28th Foundation Course at its Training Institute in the city recently. Senior officials of the bank were present.


City »

BNP Chairperson Begum Khaleda Zia appeared before the special court on Bakshi Bazar Alia Madrasha premises in the city on Tuesday on two corruption cases filed by Anti-Corruption Commission.


 
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