Jamuna Bank Limited -Versus- X

DISTRICT: DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

MEMORANDUM OF APPEAL FROM ORIGINAL DECREE

F. A. T. NO.

F. A. NO.

J Bank Limited

53 Motijheel Commercial Area

Dhaka

DEFENDANT-APPELLANT

-Versus-

 X

CEN (A) 2 North Avenue

Gulshan

Dhaka

PLAINTIFF-RESPONDENT

SUIT VALUED AT TAKA

APPEAL VALUED AT TAKA

Being aggrieved by and dissatisfied with the Judgement and Decree dated 04/04/2002  passed by Mr. Md. Rabiul Hassan, 3rd  Subordinate Judge,  Dhaka in his Civil Original Jurisdiction in Money Suit No.356/81, the aforesaid appellant begs to prefer this appeal on the following amongst other –

G R O U N D S

I) For that the judgement and decree passed by the Court below is bad in law and facts and liable to be set aside.

II) For that the Court below committed error of law in decreeing the suit in favour of the plaintiff-respondent on the face of the record which is liable to be set aside.

III)   For that the Court below committed error of law in allowing the suit to be filed outside the limitation period. Article 30 of the Limitation Act permits a suit to be instituted against a carrier for compensation for losing or injuring the goods within one year and the time begins to run   on the day on which the loss occurs. The money suit No.356/81 was instituted on 09/12/81 and the loss occurs on the date of unloading the goods, i.e. on 28/02/80. Thus the suit was time barred, as such the judgement and decree is liable to be set aside.   For that the Court below committed error of law in decreeing the suit in favour of the plaintiff-respondent which was not maintainable in law, as such the judgement and decree is liable to be set aside.

IV) For that the Court below erred in law in not holding the fact that the liability of the appellant-defendant No.1 is transferred to defendant No.2 for the short delivery of subsequent consignment of 5 boxes for which a different bill of lading was issued, as such the judgement and decree is liable to be set aside.

V) For that the Court below erred in law in not holding the fact that the contract of re-shipment of 5 boxes from Calcutta to Chittagong was made by the appellant-defendant No.1. The ship-owner/carrier as per their carriage contract is responsible for arranging  the re-shipment of the same in their own responsibility and entered into contract with the defendant No.3 for the re-shipment of 5 boxes; for which appellant-defendant No.1 was only responsible to pay the Freight amount to their local agent, as such the trial judge failed to consider the necessary facts to determine the cases and the decree thus is liable to be set aside.

VII)     For that the Court below erred in law in decreeing the suit without considering the overwhelming evidence adduced by the defendant-appellant No 1 and as such the judgement and decree is liable to be set aside.

VI)  For that the Court below failed to apply his judicial mind when the judgement and decree was passed and as such the judgement and decree is liable to be set aside.

IX)      For that the Court below misread and misconstrued the facts   thereby erred in law in decreeing the suit in favour of the plaintiff-respondent.

X)   For that the finding of the Court are contrary to all evidence on record.

XI)  For that the decree is perverse and contrary to the evidence on record and as such the judgement and decree is liable to be set aside.

XII)     For that there are other legal and valid grounds for setting aside the judgement and decree.

I certify that these are good grounds of appeal and I undertake to support the same at the time of hearing before the Hon’ble Court.(Z)

List of documents: 

1.         Memo of Appeal                   : 1(one)

2.         Vokalatnama                         : 1(one)

3.         Certified copy of

            Judgement & decree             :1(one)

 Total               :3(three)

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.