Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Thursday, September 21, 2017 11:05:52 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

Editorial »

Suu Kyi`s speech cannot silence the critics


STATE Counsellor of Myanmar Aung San Suu Kyi finally broke her silence on the Rohingya refugee crisis Tuesday insisting that her country was not "afraid of international scrutiny." But her speech in Naypyidaw drew widespread criticism, such as; she did not denounce atrocities against Rohingyas and claimed the government needed ...

Football »

Bayern`s Arturo Vidal is celebrated after he scored the third goal for Bayern during the German Bundesliga soccer match between FC Schalke 04 and Bayern Munich at the Arena in Gelsenkirchen, Germany on Tuesday.


Football »

A moment of the match of the Marcel Bangladesh Championship League Football between Uttar Baridhara Club and Feni Soccer Club at the Bir Shreshtha Shaheed Sepoy Mohammad Mostafa Kamal Stadium in the city's Kamalapur on Wednesday. The match ended in a goalless draw.


Entertainment »

Feels good that like-minded people are in CBFC: Vidya Balan


Last month, much to the relief of filmmakers and the audience, the Censor Board of Film Certification underwent a revamp in August. Padma Shri recipient and lyricist Prasoon Joshi replaced Pahlaj Nihalani as the chairperson and revered film personalities like Vidya Balan and TS Nagabharana became board’s new members. Hopes ...

Entertainment »

Leonardo DiCaprio announces $20 million environmental grants


Actor Leonardo DiCaprio has announced that his Foundation will give $20 million in grants to more than 100 environmentally focused organisations. The new grants, ranging from wildlife and habit conservation and combating climate change to the defence of indigenous rights, increase the organisation's total direct financial impact to over $80 ...

International »

Iran in UN spotlight as Trump threatens nuclear deal


AFP, United Nations :Tehran will defend itself on the world stage on Wednesday with President Donald Trump threatening to trigger a new international crisis by pulling out of the Iran nuclear accord.Iran's President Hassan Rouhani is to address the United Nations General Assembly, where worried world leaders are fearful of ...

City »

Residents of Dolaipar area in the city facing acute water crisis as water with bad smell has been coming from the WASA line. People have to collect drinking water from the only WASA pump in the areas standing in long queue.


Editorial »

Our inactive diplomacy is deplorable : We shall need armed support


IT'S almost a month since Myanmar has started to push Rohingya Muslims illegally into Bangladesh; creating a burden for an economically weaker country like ours. Our government waiting eagerly for the international power houses to act quickly and solve the problem for us. But all our so-called proven friends like ...

Entertainment »

Antora Azim`s web series Basic Ali


Sheikh Arif Bulbon :Few years ago, Antora Azim started her acting career through Adnan Al Rajib’s a play titled Middle Class Sentiment. Under his direction Antora also performed as a model in a TV commercial of Banglalink. Later she took break from media for her study. She again started shooting ...

Entertainment »

Bhoomi item song by Sunny Leone faces Censor scissors - fans to face disappointment


The Censor Board always has a last laugh because of the immense powers vested with it. And with power comes responsibility. The Central Board of Film Certification is a statutory censorship and classification body under the Ministry of Information and Broadcasting, Government of India. Bhoomi has been at the receiving ...

City »

BNP Standing Committee Member Amir Khasru Mahmud Chowdhury, among others, at a discussion on `Bangladesh`s Position in Rohingya Crises` organised by Bangladesh Youth Forum at the Jatiya Press Club on Tuesday.


International »

Trump expresses his hopes for peaceful settlement to ME crisis


AFP, United Nations :US President Donald Trump again expressed his hopes for a peaceful settlement to the Middle East crisis Monday as he met Israel's Prime Minister Benjamin Netanyahu.Netanyahu was the first leader to have a one-on-one with Trump at the US president's first United Nations General Assembly, an annual ...

International »

Hong Kong leader demands end of independence talk


Reuters, Hong Kong  :Hong Kong's leader urged an immediate end to independence debates in the Chinese-ruled global financial hub on Tuesday, warning that the issue was harming the city's relationship with Beijing's Communist Party leaders.Insisting that the government did not want to intervene on university campuses, Chief Executive Carrie Lam ...

Sports »

Canada`s Brayden Schnur (right) and India`s Yuki Bhambri shake hands after the match during Davis Cup singles tennis tournament action in Edmonton, Alberta on Sunday.


Editorial »

Rice crisis must be resolved — police action not enough


THE government on day before yesterday directed the law enforcement agencies and Deputy Commissioners (DC) to arrest illegal rice hoarders in the country. The directive comes in the wake of introducing open market sales (OMS) of coarse rice at Tk. 30 per kg, double the previous year's price, across the ...

 
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