A consent decree passed by a civil court on the basis of a foreign judgment is executable. Khitish vs Nagendra. 10 DLR 305; but a foreign award is not executable.Bangladesh Air Service vs British Airways. 17 BLD(AD)249;49 DLR (AD) 187.
Conclusiveness of foreign judgment can be questioned.Hasham vs Karachi.21 DLR (WP) 129.
A foreign judgment shall not be conclusive if it offends the exception clauses in section 13. M. vs Mitsul. 22 DLR (SC) 334.
Additional District Judge is invested with the power to execute the decree of the case which was decided on merit following the Supreme Court Rules in UK, the copy of the judgment bears the seal and signature of the Court and it carries Notarial Certificate authenticated by the High Commission of Bangladesh in UK. Black vs Continental. 3 BLC 360.
Place of Suing Every suit shall be instituted in the Court of the lowest grade. Mansur vs Janata Bank. 1991 BLD 23;43 DLR 394; Ansar vs Agrani Bank.18 BLD 138;50 DLR 263; Khan vs National Bank. 3 BLC 51.
The policy of the legislature has been to treat objections to jurisdiction both territorial and pecuniary as technical.Nagendra vs Saiyadali. 8 DLR 100.
This section being a rule of procedure if a suit is overvalued and is instituted in a higher court, it has a discretion either to retain it or to return the plaint. Mohini vs Kunja, 47 CWN 720; and the plaintiff cannot compel the Court to dispose of the suit. Khan vs National Bank. 3 BLC 51.
Where there are two distinct claims, one cognisable by regular court and another by small cause court, the plaintiff can sue for both claims in the regular court. Satish vs Panchumani.55 CWN 399.
Suits to be instituted in the court of lowest grade under whose local jurisdiction the defendant resides and the property is situate. Reza vs A. 14 DLR 780.
Section 16 (d) is a general provision involving determination of any right to or interest in immovable property. Section 17 is in the nature of a proviso to section 16. Abdul vs Shafia. 41 DLR 500.
Under clauses (b) of section 20 acquiescence on the part of the defendant would clothe the court with jurisdiction. In the instant case acquiescence was this. Some of the non-resident defendants admitted the plaintiff's claim and prayed for instalments. Other defendants objected to the court's jurisdiction, but they did not move the higher court after their objection was rejected, rather they contested the suit by filing a written statement wherein they did not question the court's jurisdiction. Rabia vs Ramkali. 2 DLR 385.
There can be no logic in support of the proposition that clause (a) of section 20 which authorises trial of suits by courts within whose local jurisdiction the defendant resides or carries on business would be inapplicable to suits under Order 37. Lever vs Noor. 25 DLR 134.
Suit against a foreign company which carries on no business is not entertainable by the court at Chittagong. Bubna vs Modern.12 DLR 261; and the foreign firm can be sued in the court of that country where carrying on business through its agent. Eastern vs S. 7 DLR 233; but a Court cannot disclaim jurisdiction against a foreigner if he resides within its jurisdiction and the cause of action, either wholly or is part arises within its jurisdiction. Narayanganj Co vs M. 11 DLR 45.
The cause of action denotes a bundle of essential facts which it is necessary for the plaintiff to prove before he can succeed in his suit. It does not depend upon the character of the relief nor does it have any relation whatever to the defence which may be set up. Tar vs Federation. 9 DLR 197; Surat vs Afzal. 2 BLC (AD) 47.
A cause of action is the entire set of facts that rise to an enforceable claim. Nur vs Ashraf. 30 DLR 215; and it may consist of a single fact or of an assemblage of facts. Bangladesh Electric vs Shafi. 1 BLC 503.
Cause of action may be defined as every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right for the judgment of the court. Amir vs Abdul. 47 DLR (AD) 106.
In choosing the forum for filing a suit cause of action is a factor though the defendant may not be a resident or may not be carrying on business having head office under jurisdiction of the court. In the instant case the contract out of which the claim was made was entered into and the claim was repudiated at Dhaka and as such civil court at Dhaka has jurisdiction to try the suit. National vs BADC. 42 DLR 530.
Suit for enforcement of bank guarantee lies at the place where it was executed and issued or at the place of refusal to honour. Janata Bank vs Shyampur.1 BLC 248.
Leave to sue outside a court's jurisdiction under clause (b) of section 20 cannot be granted on mere asking of the plaintiff without judicial exercise of court's discretion. BADC vs Moxey. 10 BLD 100.
A corporation can be said to carry on business at the place where it has a branch only in respect of a cause of action which arises wholly or in part at such place. If no part of the cause of action accrues at the place of the branch office the mere fact of the corporation having a branch office at the place will not give the court jurisdiction to entertain a suit. Mahatab vs Matin. 46 DLR(AD) 92; Rahmania vs Eagle. 12 DLR(SC) 47:14 BLD (AD 58; contra: a plaintiff can sue a corporation where it has a subordinate office if it is found corporation can conveniently put up its defence. Anwar vs BSC. 15 BLD 447;1 BLC 23.
Decisions of Pakistan Binding Effects
The Laws Continuance Enforcement Order, 1971 read with article 149 of the Constitution of Bangladesh and the views as quoted above make it clear that the decisions of the erstwhile Federal Court of Pakistan and the Supreme Court of Pakistan prior to emergence of Bangladesh have binding effect on the High Court Division of the Supreme Court of Bangladesh until its Appellate Division decides otherwise. [73 DLR 87]
Foreign Arbitral awards in Banlgadesh.
Whether the Court in England or the
Court in Bangladesh has jurisdiction over an arbitration in terms of an
Agreement between the appellant and the respondent. Bangladesh Air Service
(Pvt) Ltd vs VS British Airaways PLC (Mustafa Kamal J) (Civil) 3ADC 218
