by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A temporary injunction petition is an application to the civil court for an order restraining a party from taking a specific action pending the final disposal of a suit. It is one of the most urgent and effective civil remedies available in Bangladesh. TRW — Tahmidur Rahman Remura Wahid Law Associates files temporary injunction petitions on an urgent basis across all civil courts in Bangladesh.
Legal Basis: Order 39 of the CPC
Temporary injunctions in Bangladesh are governed by Order 39, Rules 1-4 of the CPC. Rule 1 allows the court to grant a temporary injunction to restrain the defendant from wasting, damaging, or alienating property in dispute. Rule 2 allows the court to grant an injunction in other cases where the plaintiff can show that their rights would be prejudiced if the injunction is not granted. Rule 3 requires the court to give notice to the defendant before granting an injunction, unless the case is so urgent that giving notice would defeat the purpose of the injunction (ex parte injunction). Rule 4 allows the court to discharge or vary the injunction on application.
The three-part test for a temporary injunction (prima facie case, balance of convenience, irreparable injury) is applied by Bangladesh courts in every injunction application. See our comprehensive guide on civil injunctions in Bangladesh.
Ex Parte Injunctions: Getting Immediate Relief
In urgent cases, TRW applies for an ex parte injunction — an injunction granted without notice to the other side. To obtain an ex parte injunction, TRW must satisfy the court that: the matter is so urgent that giving notice to the other side would defeat the purpose of the injunction; and there is a strong prima facie case for the injunction. Ex parte injunctions are granted for a limited period (usually until the next court date) and the other side is then given an opportunity to be heard.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team obtain temporary injunctions on an urgent basis. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How quickly can a temporary injunction be obtained?
A: An ex parte temporary injunction can be obtained on the same day or the next court day in urgent cases.
Q: What happens if the other party violates the injunction?
A: Violation of a court injunction is contempt of court, punishable by imprisonment and/or fine.
Q: Can an injunction be obtained against the government?
A: Yes, injunctions can be obtained against government authorities in appropriate cases.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A written statement is the defendant's formal response to the plaintiff's plaint in a civil suit. It is the defendant's opportunity to deny the plaintiff's allegations, raise legal defences, and set out any counterclaim. A well-drafted written statement is essential for a successful civil defence. TRW — Tahmidur Rahman Remura Wahid Law Associates drafts written statements with the same rigour and attention to detail as plaints.
Legal Requirements for a Written Statement
The requirements for a written statement are set out in Order 8 of the CPC. The defendant must file the written statement within 30 days of service of the summons (extendable by the court). The written statement must: specifically deny each allegation in the plaint that the defendant disputes; admit allegations that are not disputed; raise all legal defences (limitation, res judicata, lack of jurisdiction, etc.); and set out any counterclaim. Any allegation in the plaint that is not specifically denied is deemed to be admitted. TRW ensures that the written statement specifically addresses every allegation in the plaint.
Order 8, Rule 6A of the CPC allows the defendant to raise a counterclaim in the written statement. A counterclaim is treated as a plaint and the plaintiff must file a written statement in response. TRW advises defendants on whether a counterclaim is appropriate in their case.
Key Legal Defences
TRW raises the following key legal defences in written statements where applicable. Limitation: the suit is barred by the Limitation Act 1908. Res judicata: the matter has already been decided by a court of competent jurisdiction. Lack of jurisdiction: the court does not have jurisdiction to hear the suit. Non-joinder of necessary parties: the plaintiff has failed to join all necessary parties to the suit. Misjoinder of parties: the plaintiff has improperly joined parties who should not be in the suit. Estoppel: the plaintiff is estopped from making the claim by their own conduct. Waiver: the plaintiff has waived their right to the relief claimed.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team draft written statements for all types of civil suits. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What happens if I do not file a written statement?
A: If the defendant fails to file a written statement, the court may proceed ex parte and pass a decree against the defendant.
Q: Can I raise new defences after filing the written statement?
A: Additional defences can be raised by amending the written statement with the court's permission.
Q: What is the time limit for filing a written statement?
A: 30 days from service of the summons, extendable by the court for good cause.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A plaint is the document that initiates a civil suit in Bangladesh. It is the plaintiff's formal statement of their claim, setting out the facts, the legal grounds, and the relief sought. A well-drafted plaint is the foundation of a successful civil case. TRW — Tahmidur Rahman Remura Wahid Law Associates drafts plaints with precision and legal expertise, ensuring that the plaintiff's claim is presented in the most compelling and legally sound manner.
Legal Requirements for a Plaint
The requirements for a plaint are set out in Order 7 of the Code of Civil Procedure 1908 (CPC). A plaint must contain: the name of the court; the name, description, and place of residence of the plaintiff; the name, description, and place of residence of the defendant; the facts constituting the cause of action and when it arose; the facts showing that the court has jurisdiction; the relief claimed; and a statement of the value of the subject matter for the purpose of jurisdiction and court fees. The plaint must be signed by the plaintiff and verified by an affidavit.
Order 7, Rule 11 of the CPC provides that the court shall reject a plaint that does not disclose a cause of action, that is barred by limitation, or that does not comply with the formal requirements. TRW ensures that every plaint it drafts fully complies with Order 7 and discloses a clear and legally sustainable cause of action.
Choosing the Right Court
Choosing the right court to file the suit is critical. The jurisdiction of civil courts in Bangladesh is determined by the Civil Courts Act 1887 and the Code of Civil Procedure 1908. The relevant factors are: the subject matter of the suit (some courts have exclusive jurisdiction over certain types of cases); the value of the suit (different courts have different pecuniary jurisdiction); and the location of the defendant or the subject matter of the suit (territorial jurisdiction). TRW advises on the appropriate court for each case and ensures that the plaint is filed in the court with proper jurisdiction.
Court Fees and Stamp Duty
Court fees are payable on the plaint under the Court Fees Act 1870. The court fee is calculated as a percentage of the value of the suit. Insufficient court fees can result in the plaint being returned for amendment. TRW calculates the correct court fee for each case and ensures that the plaint is properly stamped before filing.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team draft plaints for all types of civil suits. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is the difference between a plaint and a petition?
A: A plaint is filed in a civil suit. A petition is filed in applications and special proceedings (e.g., writ petitions, bail petitions).
Q: Can a plaint be amended after filing?
A: Yes. A plaint can be amended with the court's permission under Order 6, Rule 17 of the CPC.
Q: What happens if the plaint is rejected?
A: The plaintiff can appeal against the rejection of the plaint or file a fresh plaint correcting the deficiency.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Bangladesh's criminal law covers a wide range of offences — from traditional crimes like fraud, assault, and theft under the Penal Code 1860, to modern offences like cybercrime under the Digital Security Act 2018 (DSA 2018). TRW — Tahmidur Rahman Remura Wahid Law Associates provides expert criminal defence across all these categories, combining deep knowledge of the law with practical court experience.
Fraud Cases in Bangladesh
Fraud (cheating) is an offence under Sections 415-420 of the Penal Code 1860. Section 420 (cheating and dishonestly inducing delivery of property) carries a punishment of up to 7 years imprisonment and fine. TRW's defence in fraud cases focuses on: the absence of dishonest intent; the civil nature of the dispute (many fraud cases are really civil contract disputes); the lack of evidence of deception; and the availability of civil remedies. TRW also challenges the FIR and charge sheet for legal deficiencies.
Assault Cases in Bangladesh
Assault and related offences are governed by Sections 319-338 of the Penal Code 1860. The severity of the offence depends on the nature and extent of the injury caused. TRW's defence in assault cases focuses on: self-defence (Section 96-106, Penal Code); provocation; the absence of intention to cause the specific harm alleged; and the reliability of the prosecution's witnesses.
Theft Cases in Bangladesh
Theft is an offence under Sections 378-382 of the Penal Code 1860, carrying a punishment of up to 3 years imprisonment and fine. TRW's defence in theft cases focuses on: the absence of dishonest intention; ownership or right to the property; and the reliability of the prosecution's identification evidence.
Cybercrime Cases Under the Digital Security Act 2018
The Digital Security Act 2018 (DSA 2018) has been widely criticised for its broad scope and potential for misuse. Offences under the DSA 2018 include: spreading false information online (Section 25), defamation online (Section 29), hacking (Section 17), and publishing obscene material online (Section 21). Bail in DSA 2018 cases is restricted under Section 35. TRW provides expert defence in DSA 2018 cases, challenging the constitutionality of the provisions where appropriate and applying for bail before the Sessions Court and the High Court Division. See our guide on taking a matter to the High Court.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team provide expert defence in fraud, assault, theft, and cybercrime cases. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can a fraud case be settled out of court in Bangladesh?
A: Yes. Many fraud cases are settled by repayment of the amount involved. TRW advises on settlement negotiations.
Q: Is a DSA 2018 case bailable?
A: Bail in DSA 2018 cases is restricted under Section 35, but TRW has successfully obtained bail in DSA 2018 cases before the Sessions Court and the High Court Division.
Q: What is the punishment for theft in Bangladesh?
A: Simple theft carries up to 3 years imprisonment and fine. Aggravated forms of theft carry higher penalties.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Narcotics cases in Bangladesh are among the most serious criminal matters, carrying severe penalties including the death penalty for large-scale trafficking. However, the law also provides important protections for accused persons, and many narcotics cases are won on procedural grounds, evidentiary challenges, and legal technicalities. TRW — Tahmidur Rahman Remura Wahid Law Associates provides expert defence in narcotics cases, protecting clients' rights at every stage.
Legal Framework: The Narcotics Control Act 1990
Narcotics cases in Bangladesh are governed primarily by the Narcotics Control Act 1990 (NCA 1990). The NCA 1990 classifies narcotics into different categories and prescribes penalties based on the type and quantity of narcotics involved. The penalties range from imprisonment for a term to the death penalty for large-scale trafficking. The Narcotics Control Tribunal has exclusive jurisdiction to try narcotics cases. The Narcotics Control Board oversees enforcement.
Key provisions of the NCA 1990 that TRW analyses in every narcotics case include: Section 19 (possession of narcotics), Section 20 (trafficking), Section 27 (bail provisions), and Section 36 (special provisions for the Narcotics Control Tribunal).
Bail in Narcotics Cases
Bail in narcotics cases is governed by Section 27 of the NCA 1990, which restricts bail for certain categories of narcotics offences. However, bail is not entirely prohibited, and TRW has successfully obtained bail in narcotics cases by arguing: the quantity of narcotics is small; the accused's role was minor; the accused has been in custody for a long time; the accused has a medical condition; and the co-accused have been granted bail. TRW also applies for default bail when the charge sheet is not filed within the prescribed period.
Key Defence Strategies in Narcotics Cases
TRW's defence strategy in narcotics cases focuses on the following areas. Chain of custody: challenging whether the narcotics seized were properly handled and whether the chain of custody was maintained. Search and seizure procedure: challenging whether the search was conducted in accordance with the law (presence of witnesses, proper documentation, etc.). Chemical analysis: challenging the accuracy and reliability of the chemical analysis report. Identification: challenging whether the accused was correctly identified as the person in possession of the narcotics. Planting of evidence: raising the defence that the narcotics were planted by the police. See our guide on FIR and charge sheet analysis.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team provide expert defence in narcotics cases. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Is the death penalty mandatory for narcotics trafficking in Bangladesh?
A: The death penalty is prescribed for trafficking in large quantities of certain narcotics, but it is not mandatory — the court has discretion.
Q: Can I get bail in a narcotics case?
A: Bail is restricted but not prohibited in narcotics cases. TRW has successfully obtained bail in many narcotics cases.
Q: What is the Narcotics Control Tribunal?
A: The Narcotics Control Tribunal is a special court with exclusive jurisdiction to try narcotics cases under the NCA 1990.
