Suit Title: Sadharan
Biman Corporation vs. Bangladesh Shipping Corporation & others [43 DLR
(1991) 322]
Judge: Mozammel
Haque.
Date of Judgment: June
12, 1990.
Under Section: 10 of
the Code of Civil Procedure, 1908
Stay of suit: No
Court shall proceed with the trial of any suit in which the matter in issue is
also directly and substantially in issue in a previously instituted suit
between the same parties, or between parties under whom they or any of them
claim litigating under the same title where such suit is pending in the same or
any other Court in Bangladesh having jurisdiction to grant the relief claimed,
or in any Court beyond the limits of Bangladesh established or continued by the
Government and having like jurisdiction, or before the Supreme Court.
Explanation.-The pendency of a suit in a foreign Court does not preclude the Court in Bangladesh from trying a suit founded on the same cause of action.
Under Order VΙΙ Rule X
of the Code of Civil Procedure, 1908
Return of Plaint: (1) the
plaint shall at any stage of the suit be returned to be presented to the court
in which the suit should have been instituted.
(2) Procedure on
returning plaint: On returning a plaint the judge shall endorse thereon the
date of its presentation & return, the name of the party presentating it,
& a brief statement of the reasons for returning it.
Under Section: 6 of
the Admiralty Court Act, 1861
As
to claims for damage to cargo imported: The
High Court of Admiralty shall have jurisdiction over any claim by the owner or
consignee or assignee of any bill of lading of any goods carried into any port
in England or Wales in any ship, for damage done to the goods or any part
thereof by the negligence or misconduct of or for any breach of duty or breach
of contract on the part of the owner, master, or crew of the ship, unless it is
shown to the satisfaction of the court that at the time of the institution of
the cause any owner or part owner of the ship is domiciled in England or Wales:
Provided always, that if any such cause the plaintiff do not recover twenty
pounds, he shall not be entitled to any costs, charges, or expenses incurred by
him therein, unless the judge shall certify that the cause was a fit one to be
tried in the said court.
Short description of the suit: The plaintiff instituted the present suit on 16.6.84 claiming a decree
for compensation for an amount of Tk. 1, 81, 250, and 00 against the defendant
No 1 namely the Bangladesh Shipping Corporation, sadharan Bima Corporation is
the plaintiff and the principle defendant is Bangladesh Shipping Corporation.
This plaintiff has invoked the
admiralty jurisdiction of this court for a decree of Tk. 1,81,250,00 on the
allegations that the proforma-defendant No 3 imported 10 drums of folic acid
and 103 drums of Aspirin as pharmaceutical raw materials, and the said cargo
was carried by the vessel M.V. Banglar kallol belonging to defendant No 1
petitioners after arrival of the vessel at chalna on or about 6.6.83 the cargo
was discharged and from subsequently survey it appeared that there was a damage
and or loss of 62 kgs of raw materials worth Tk. 1,81,400,50. Accordingly, the
proforma defendant No 3 who was the importer submitted its claim to the
carried, namely, the defendant No. 1 petitioner for payment of Tk. 1,81,400,50
as compensation, but without any result ultimately, the proforma defendant No.
3 lodged its claim to the present plaintiff, namely, insurer and ultimately the
plaintiff paid an amount of Tk. 1,81,250,00 to the proforma defendant No. 3 Now
the plaintiff who is the insurer has filed the present suit against the
defendant No. 1 claiming the afore said amount which it paid to the proforma
defendant No. 3.
Principle of the suit: - Locus standi to invoke Admiralty Jurisdiction- Only the owner of
consignee or assignee of the bill of lading of any goods may claim damages
against the owner, master or crew of the ship. The plaintiff insurer having satisfied
neither of these descriptions they have no Locus standi to invoke the
jurisdiction of the Admiralty
Court.
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