by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A writ petition is a petition filed before the High Court Division of the Supreme Court of Bangladesh under Article 102 of the Constitution to challenge illegal or unconstitutional actions by public authorities. It is one of the most powerful legal remedies available in Bangladesh. TRW — Tahmidur Rahman Remura Wahid Law Associates files writ petitions before the High Court Division in a wide range of matters.
Types of Writs Available in Bangladesh
Article 102 of the Constitution empowers the High Court Division to issue the following types of writs. Mandamus: an order compelling a public authority to perform a public duty. Certiorari: an order quashing a decision of a public authority that was made without jurisdiction or in violation of natural justice. Prohibition: an order preventing a public authority from exceeding its jurisdiction. Quo warranto: an order requiring a person to show by what authority they hold a public office. Habeas corpus: an order requiring a person who is detaining another person to produce the detainee before the court. TRW advises on the appropriate type of writ for each case.
The High Court Division also has general jurisdiction under Article 102(2) to issue directions, orders, or writs to enforce fundamental rights guaranteed by Part III of the Constitution.
Common Situations Where Writ Petitions Are Filed
TRW files writ petitions in the following common situations. Challenging illegal detention (habeas corpus). Challenging illegal dismissal from government service. Challenging the refusal of a government authority to grant a licence or permit. Challenging an illegal tax assessment. Challenging the cancellation of a contract by a government authority. Challenging an illegal order by a regulatory authority. Challenging the constitutionality of a law or regulation. Challenging an illegal arrest or remand order.
Stay Orders in Writ Petitions
When a writ petition is filed, TRW applies for a stay order or rule nisi to suspend the operation of the challenged action pending the hearing of the petition. A stay order prevents the government authority from taking further action on the basis of the challenged order while the writ petition is pending. TRW obtains stay orders in urgent cases to provide immediate relief to the client.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's High Court team file writ petitions before the High Court Division. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Who can file a writ petition in Bangladesh?
A: Any person whose fundamental rights have been violated, or who is aggrieved by an illegal action of a public authority, can file a writ petition.
Q: Is there a time limit for filing a writ petition?
A: There is no fixed limitation period for writ petitions, but delay can be a ground for dismissal. TRW advises on the appropriate timing.
Q: Can a writ petition be filed against a private company?
A: Generally, writ petitions are filed against public authorities. However, in some cases, writ petitions can be filed against private entities performing public functions.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Quashment is the process of having an FIR or criminal proceedings set aside by the High Court Division through a writ petition. It is one of the most powerful remedies available to an accused person in Bangladesh, allowing them to have a malicious or legally unsustainable case dismissed before it reaches trial. TRW — Tahmidur Rahman Remura Wahid Law Associates files quashment petitions before the High Court Division with precision and legal expertise.
Legal Basis for Quashment
The High Court Division's power to quash criminal proceedings is derived from its inherent jurisdiction under Section 561A of the CrPC and its constitutional jurisdiction under Article 102 of the Constitution of Bangladesh. The High Court Division can quash criminal proceedings where: the FIR does not disclose any offence; the allegations are inherently improbable; the FIR is manifestly motivated by malice or personal vendetta; the proceedings are an abuse of the process of the court; and the continuation of the proceedings would cause injustice.
The Supreme Court of Bangladesh has held that the power to quash should be exercised sparingly and only in cases where the court is satisfied that allowing the proceedings to continue would be an abuse of the process of the court.
Grounds for Quashment
TRW files quashment petitions on the following grounds. The FIR does not disclose the ingredients of the offence charged. The allegations are vague, general, and without specific details. The FIR is filed as a counter-blast to a civil dispute. The FIR is filed by a person who has a personal vendetta against the accused. The offence alleged is compoundable and the parties have reached a compromise. The accused has been falsely implicated. The investigation has been conducted in a biased manner. TRW identifies the most compelling grounds for quashment in each case and presents them clearly and concisely to the High Court.
Stay of Proceedings During Quashment
When a quashment petition is filed, TRW applies for a stay of the lower court proceedings pending the hearing of the petition. Without a stay, the lower court proceedings continue, and the accused may be required to appear before the lower court while the quashment petition is pending. TRW obtains a stay order to protect the accused from this inconvenience.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's High Court team file quashment petitions before the High Court Division. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How long does a quashment petition take?
A: A quashment petition can be heard within a few weeks if it is urgent. TRW applies for an urgent hearing in appropriate cases.
Q: Can a quashment petition be filed for any offence?
A: Yes. Quashment can be sought for any criminal proceeding where the grounds for quashment are made out.
Q: What happens if the quashment petition is dismissed?
A: If the quashment petition is dismissed, the lower court proceedings continue. TRW then focuses on the defence at trial.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Anticipatory bail is a direction by the Sessions Court or the High Court Division to release a person on bail in the event of their arrest. It provides protection against arrest before the arrest actually occurs. TRW — Tahmidur Rahman Remura Wahid Law Associates applies for anticipatory bail in cases where clients apprehend imminent arrest, providing immediate legal protection.
Legal Basis for Anticipatory Bail
Anticipatory bail in Bangladesh is available under Section 498 of the CrPC, which gives the Sessions Court and the High Court Division concurrent jurisdiction to grant bail in any case. While the CrPC does not use the term 'anticipatory bail' explicitly, the courts have consistently held that Section 498 empowers them to grant bail in anticipation of arrest. The High Court Division has wide inherent powers to grant anticipatory bail in appropriate cases.
The Supreme Court of Bangladesh has held that anticipatory bail is an important safeguard against the misuse of the power of arrest, particularly in cases where the FIR appears to be motivated by malice or personal vendetta.
Grounds for Anticipatory Bail
TRW applies for anticipatory bail on the following grounds. The FIR is malicious and motivated by personal vendetta. The allegations are vague and do not constitute the offence charged. The applicant has no prior criminal record. The applicant is a person of standing in the community. The applicant is not a flight risk. The applicant is willing to cooperate with the investigation. The applicant's arrest would cause irreparable harm to their family and business. TRW prepares a comprehensive anticipatory bail application supported by evidence and judicial precedents.
Conditions of Anticipatory Bail
Anticipatory bail is usually granted subject to conditions, including: the applicant must cooperate with the investigation; the applicant must not leave Bangladesh without the court's permission; the applicant must appear before the investigating officer when required; and the applicant must not tamper with evidence or influence witnesses. TRW advises on the conditions and ensures that the client complies with them. See our guide on bail petitions in Bangladesh.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team apply for anticipatory bail on an urgent basis. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How quickly can anticipatory bail be obtained?
A: TRW can file an anticipatory bail application and obtain a hearing within 1-2 court days in urgent cases.
Q: Can anticipatory bail be cancelled?
A: Yes. The court can cancel anticipatory bail if the applicant violates the bail conditions.
Q: Is anticipatory bail available for all offences?
A: Anticipatory bail is available for most offences, but the court may refuse it for very serious offences.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Foreign companies operating in Bangladesh or having disputes with Bangladesh entities may need to litigate in Bangladesh courts. TRW — Tahmidur Rahman Remura Wahid Law Associates is one of Bangladesh's leading law firms for international commercial litigation, providing expert legal support to foreign companies navigating the Bangladesh legal system.
Jurisdiction of Bangladesh Courts Over Foreign Companies
Bangladesh courts have jurisdiction over foreign companies in the following circumstances. The foreign company has a registered branch or liaison office in Bangladesh. The dispute arises from a contract performed in Bangladesh. The foreign company has assets in Bangladesh. The defendant is present in Bangladesh. The contract contains a Bangladesh jurisdiction clause. TRW advises foreign companies on whether Bangladesh courts have jurisdiction over their dispute and on the most effective strategy for litigation in Bangladesh.
Foreign companies registered in Bangladesh under the Companies Act 1994 or the BIDA Act 2016 are subject to the full jurisdiction of Bangladesh courts. See our guide on foreign company registration in Bangladesh.
Enforcement of Foreign Judgments in Bangladesh
Bangladesh does not have a general treaty for the enforcement of foreign judgments. However, foreign judgments can be enforced in Bangladesh by filing a fresh suit on the judgment in Bangladesh courts. TRW advises foreign companies on the procedure for enforcing foreign judgments in Bangladesh and represents them in enforcement proceedings.
Bangladesh is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Foreign arbitral awards can be enforced in Bangladesh under the Arbitration Act 2001. TRW handles enforcement of foreign arbitral awards in Bangladesh.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's international commercial litigation team assist foreign companies in all aspects of Bangladesh litigation. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can a foreign company sue in Bangladesh courts?
A: Yes. Foreign companies have the right to sue in Bangladesh courts.
Q: Can a foreign arbitral award be enforced in Bangladesh?
A: Yes. Bangladesh is a party to the New York Convention, and foreign arbitral awards can be enforced under the Arbitration Act 2001.
Q: Does TRW have experience with international commercial arbitration?
A: Yes. TRW advises on international commercial arbitration involving Bangladesh parties and represents clients in arbitration proceedings.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
The Artha Rin Adalat Ain 2003 (Money Loan Court Act) provides a special fast-track procedure for the recovery of bank loans in Bangladesh. The Artha Rin Adalat (Money Loan Court) has exclusive jurisdiction over suits filed by banks and financial institutions for recovery of loans. TRW — Tahmidur Rahman Remura Wahid Law Associates represents both banks (in loan recovery) and borrowers (in defending Artha Rin suits) with expertise and efficiency.
Legal Framework: Artha Rin Adalat Ain 2003
The Artha Rin Adalat Ain 2003 was enacted to provide a fast-track mechanism for the recovery of non-performing loans (NPLs) by banks and financial institutions. Key features of the Act include: exclusive jurisdiction of the Artha Rin Adalat over loan recovery suits; a simplified procedure with strict timelines; the right of the bank to attach the mortgaged property at the beginning of the suit; and the right of the bank to sell the mortgaged property by auction after obtaining a decree.
The Act also provides for the borrower's right to defend the suit and to raise defences such as payment, set-off, and counterclaim. TRW advises borrowers on the defences available and represents them in Artha Rin proceedings.
Defending an Artha Rin Suit
TRW defends borrowers in Artha Rin suits on the following grounds. The loan has been fully or partially repaid. The bank's calculation of the outstanding amount is incorrect. The mortgage was not validly created. The bank failed to comply with the terms of the loan agreement. The suit is barred by limitation. The bank has not followed the required pre-suit procedure. TRW also applies for a stay of the auction sale of the mortgaged property pending the hearing of the defence.
TRW also advises borrowers on restructuring and settlement negotiations with the bank, which can often result in a more favourable outcome than litigation.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's commercial litigation team handle Artha Rin cases across Bangladesh. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can a borrower get a stay of the Artha Rin decree?
A: Yes. TRW can apply for a stay of execution of the Artha Rin decree pending appeal or revision.
Q: Can the borrower's personal assets be attached in an Artha Rin suit?
A: Yes, if the borrower has given a personal guarantee or if the mortgage is not sufficient to cover the outstanding loan.
Q: What is the limitation period for an Artha Rin suit?
A: Generally 6 years from the date the loan became due.
