Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Sunday, May 28, 2017 10:32:19 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 ( 214 )   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 »

Holy Ramzan is not for greedy business


THE Holy month of Ramzan starts from today with a surge in the pieces of essentials in the kitchen market to a new height. The government leaders said the market has enough supply and it is true because traders have imported essentials in huge quantity in the past months anticipating ...

Back Page »

Holy Ramzanul Mubarak


Abdul Muqit Chowdhury :Holy Ramzan, the ninth month of the  Arabic year and the best period for virtuous deeds, starts today with great inspiration and religious fervour. This month is unique, to have Revelation of the Holy Quran-the universal and eternal message for guidance of mankind. The Muslims are fortunate ...

Sports »

China's former tennis star Li Na joins business school


AFP, Beijing :Chinese two-time Grand Slam champion Li Na enrolled Saturday in a prominent Beijing business school program for senior management executives. "As a retired athlete who has been in the tennis industry for many years, I hope to pursue a wide range of business interests in my second career," ...

Entertainment »

Being a part of classic like Titanic a big honour: Celine Dion


Singer Celine Dion says it is a matter of pride and honor for her to have sung hit love ballad My Heart Will Go On for the film Titanic. The 49-year-old songstress recently sang the number from the 1997 blockbuster at the 2017 Billboard Music Awards to celebrate the 20th ...

Entertainment »

Kartik Aaryan’s camaraderie with Paresh Rawal


Kartik Aaryan impressed us all with his hilariousness in the Pyaar Ka Punchnama series and he is all set to push the envelope in comedy with Guest Iin London. The trailer is standing proof of this.  In a three minute comic trailer that stars the comedy legend Paresh Rawal, Kartik ...

International »

Hillary delivers stinging attack on Trump at graduation speech


AFP, New York :Hillary Clinton launched a stinging attack on Donald Trump Friday, obliquely comparing him to former president Richard Nixon, who resigned in 1974 to escape impeachment, and savaging the Republican assault on fact-based politics.The defeated Democratic presidential nominee made her remarks in a commencement address at her alma ...

Editorial »

HC ruling on illegally charged session fee of private English medium schools


THE High Court Division on last Thursday declared that all forms of session fees charged by the numerous English medium schools in the country as illegal. The verdict came against the backdrop of a writ petition filed with the HC in 2012 challenging the legality of Session Fees and value ...

Sports »

Saint Gregory`s emerge as champions


Sports Reporter :Saint Gregory's High School & College emerged as the unbeaten champions of the First Security Islami Bank School Rugby Competition defeating Shaheed Nabi High School by 30-0 points in the final at Physical Education College Ground in the city's Mohammadpur on Friday.Shaheed Nabi High School became runners-up, while ...

City »

`Bangladesh Sadharan Chhatra Parishad` formed a human chain in front of the Jatiya Press Club on Friday demanding 35 years as age-limit for entering government service.


.

Entertainment »

Suzana returns with Eid work


Sheikh Arif Bulbon :Popular model and TV actress Sumayia Zafar Suzana, popularly known as Suzana Zafar, has returned to acting after returning from abroad. She is working for an Eid telefilm directed by Iftekhaar Ahmed Fahmi. Suzana’s co-actors are Shahiduzzaman Selim, Apurba and Sumaiya Shimu. The shooting began at a ...

Entertainment »

Zareen Khan to play law student in 1921


Actress Zareen Khan is ecstatic to play a law student in Vikram Bhatts 1921. Zareen told IANS: “As a teenager, I always wanted to study law and I am glad that I got an opportunity to play a law student on screen at least.” She is currently shooting for the ...

International »

Trump targets criminal gang MS-13 to justify immigration crackdown


AFP, New York : For a president obsessed with deporting "bad hombres" from the United States, the Latino street gang known as MS-13 is the perfect target.Known for its horrific murders, in which victims are set upon with machetes and baseball bats, it has a reach that now extends from its ...

Editorial »

FDI flow low despite policy support


A recently held dialogue organised by the American Chamber of Commerce in Bangladesh (AMCHAM) revealed that the country is not getting foreign direct investments (FDIs) at an expected level in spite of the government's numerous initiatives to give easy access to such investment opportunities. Whether or not these 'initiatives' are ...

Entertainment »

`Baahubali: The Conclusiuon` all set to release in China


After conquering global Box-Office with staggering numbers, SS Rajamouli's magnum opus ' Baahubali 2: The Conclusion' is now all set to release in China.  Bollywood trade analyst Taran Adarsh shared the news of the release on his Twitter handle. He wrote, "Lots of speculation about #Baahubali2 release in China... The ...

City »

Inter-Religious and Inter-Cultural Dialogue Center formed a human chain in front of Aparajeya Bangla of Dhaka University on Thursday marking birth anniversary of National Poet Kazi Nazrul Islam.


.

 
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