Act/Law wise: Judgment of Supreme Court of Bangladesh

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Civil Rules & Order
Section/Order/Article/Rule/Regulation Head Note
Rule 13(1)

Rule 13(1) of the Civil Rules and Orders provides that a daily cause list’ in prescribed From No. (M) 2 shall be posted in some conspicuous part in every court-house for the information of the parties, their pleaders and the public. Cases and appeals shall be shown in the order in which they appear in the dairy.
Note to the said Rule provides that judgments ready for delivery should be notified in the ‘cause list for the day.
Md. Sumon Miah Vs. Falani Begum and others, 18 BLD (AD) 251. ....View Full Judgment

Rules 69 and 84(e)

Service of summons, proof of - Summons served by process-server without noting the names and addresses of Mokabila witnesses in the service return ­Process-server appearing in Court as a witness - ­his evidence without examining the Mokabila witness not acceptable-It is obligatory upon the process-server to mention in his report the name and address of the person if any, by whom the house in question was identified and in whose presence the copy of summons was affixed­ - When service reports were devoid of these essential information, they were unacceptable - ­Mere personal appearance of the process-server as a witness in Court did not make the report acceptable.
Upendra Chandra Rishi vs Sufia Begum 42 DLR (AD) 285. ....View Full Judgment

Rule-143 (Vol-I)

Ex parte decree
“A judgment in ex parte cases shall however, state specifically and explicity which of the reliefs are granted and against which of the defendants-see Rule-143 of the Civil Rules and order Vol-I [Para-13]
Alfu Miah and others Vs. Bangladesh 1 BLT(AD)-25 ....View Full Judgment

Rule 388(2)

Transfer of a case from one Court to another Court on an off date must be communicated either to the party concerned or to his advocate–
The learned Judge approached the case absolutely mechanically and did not consider the pertinent broad fact involved in the suit that the fact of transfer of the suit was not communicated to the defendant. In the context, the learned Judge also failed to consider rule 388(2) and Note I thereto of the Civil Rules and Order which has mandated that the fact of transfer of a case from one Court to another Court on an off date must be communicated either to the party concerned or to his advocate. .....Kashaituli Jame Mosque Waqf Estate =VS= Md. Abdus Salam & others, (Civil), 2016-[1 LM (AD) 239] ....View Full Judgment