by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A cheque dishonour case is one of the most common legal matters in Bangladesh. When a cheque is returned unpaid by the bank, the payee has a legal right to initiate criminal proceedings against the drawer under Section 138 of the Negotiable Instruments Act 1881 (NI Act). This is a powerful legal remedy that can result in imprisonment of up to one year and/or a fine of up to three times the cheque amount. TRW — Tahmidur Rahman Remura Wahid Law Associates handles cheque dishonour cases from the legal notice stage through to final judgment and execution.
Legal Framework: Section 138 of the NI Act
Section 138 of the Negotiable Instruments Act 1881 (as amended in Bangladesh) provides that where a cheque drawn by a person on an account maintained by them with a bank for the payment of any amount of money to another person from out of that account is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account, such person shall be deemed to have committed an offence. The punishment is imprisonment for a term which may extend to one year, or a fine which may extend to three times the amount of the cheque, or both. Section 138A creates a presumption in favour of the holder that the cheque was issued for the discharge of a legally enforceable debt or liability.
Prerequisites for Filing a Cheque Dishonour Case
Before filing a cheque dishonour complaint, the following conditions must be satisfied. First, the cheque must have been returned unpaid by the bank. The bank's return memo (cheque return slip) is the primary evidence of dishonour. Second, the cheque must have been issued for the discharge of a legally enforceable debt or liability. Third, the payee must have sent a written legal notice to the drawer within 30 days of receiving the cheque return memo, demanding payment of the cheque amount. Fourth, the drawer must have failed to make payment within 30 days of receiving the legal notice. Fifth, the complaint must be filed within 30 days of the expiry of the 30-day notice period. These limitation periods are strict and must be observed carefully.
Step 1: Sending the Legal Notice
The legal notice is the first and most critical step in a cheque dishonour case. TRW drafts a comprehensive legal notice that clearly identifies the cheque, the date of dishonour, the bank's return memo, the amount due, and the demand for payment within 30 days. The notice is sent by registered post with acknowledgment due (RPAD) to ensure proof of delivery. TRW also advises on whether the notice should be sent to the drawer personally, to the company (if the cheque was issued by a company), and to the directors (for director liability under Section 141 of the NI Act). See our detailed guide on cheque dishonour legal notices in Bangladesh.
Step 2: Filing the Criminal Complaint
If the drawer fails to pay within 30 days of receiving the legal notice, TRW files a criminal complaint before the Chief Metropolitan Magistrate (CMM) Court in Dhaka (or the Chief Judicial Magistrate Court in other districts). The complaint is filed under Section 138 of the NI Act and must be accompanied by the original cheque, the bank's return memo, the legal notice, and proof of delivery of the notice. TRW drafts the complaint in a form that maximises the chances of the court taking cognisance and issuing summons to the accused.
Step 3: Court Proceedings
After the complaint is filed, the court takes cognisance of the offence and issues summons to the accused. The accused appears before the court and the trial proceeds. TRW represents the complainant throughout the trial, examining witnesses, producing documentary evidence, and arguing the case. The accused has the right to cross-examine the complainant's witnesses and to produce their own evidence. The court ultimately delivers a judgment — either convicting the accused (with the prescribed punishment) or acquitting them. TRW also advises on the possibility of a compromise or settlement, which is common in cheque dishonour cases.
Limitation: The Critical Deadlines
The limitation periods in cheque dishonour cases are strict and non-extendable. The legal notice must be sent within 30 days of receiving the cheque return memo. The complaint must be filed within 30 days of the expiry of the 30-day notice period. Missing either of these deadlines bars the complainant from filing a case under Section 138. TRW calculates these deadlines precisely and ensures that all steps are taken within the prescribed time. See our guide on cheque dishonour case limitation in Bangladesh.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's cheque dishonour team handle cases from the legal notice stage through to final judgment. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is the punishment for cheque dishonour in Bangladesh?
A: Imprisonment for up to one year, and/or a fine of up to three times the cheque amount.
Q: Can a company be prosecuted for cheque dishonour?
A: Yes. Under Section 141 of the NI Act, the company and every person responsible for the conduct of the company's business at the time of the offence can be prosecuted.
Q: Can the case be settled out of court?
A: Yes. Cheque dishonour cases are commonly settled by payment of the cheque amount plus interest and costs. TRW advises on settlement negotiations.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A certified copy of a court judgment, decree, order, or other court document is an official copy issued by the court, bearing the court's seal and the certifying officer's signature. Certified copies are required for filing appeals, revisions, and writs; for executing decrees; for legal proceedings in other courts; and for various administrative and legal purposes. TRW — Tahmidur Rahman Remura Wahid Law Associates assists clients in obtaining certified copies urgently from all courts in Bangladesh.
Legal Basis for Certified Copies
The right to obtain certified copies of court documents is governed by the Code of Civil Procedure 1908 (CPC), the Code of Criminal Procedure 1898 (CrPC), the Court Fees Act 1870, and the rules of each court. Section 76 of the CPC provides that any party to a suit is entitled to obtain a certified copy of any decree or order. The Evidence Act 1872 (Section 65) provides that certified copies are admissible as secondary evidence of the original document. The General Rules and Circular Orders (GRCOs) of the Supreme Court and the subordinate courts prescribe the procedure for applying for certified copies.
When Certified Copies Are Required
Certified copies are required in the following common situations. Filing an appeal against a judgment or decree: the appeal must be accompanied by a certified copy of the judgment and decree appealed against. Filing a revision before a higher court: the revision application must be accompanied by certified copies of the impugned orders. Filing a writ petition before the High Court Division: certified copies of relevant lower court orders are required as annexures. Executing a decree: the decree holder must file a certified copy of the decree in the execution court. Applying for a stay order before the High Court: certified copies of the lower court order are required. Land registration and property transactions: certified copies of court orders affecting title may be required by the Sub-Registrar.
The Process for Obtaining a Certified Copy
The process for obtaining a certified copy in Bangladesh involves the following steps. Step 1 — Application: an application for a certified copy is filed before the relevant court, identifying the document required (judgment, decree, order, FIR, charge sheet, etc.) and the case number. Step 2 — Court fee: the prescribed court fee is paid, calculated based on the number of pages and the type of document. Step 3 — Processing: the court's copying section processes the application. In ordinary course, this takes 7-15 working days. In urgent cases, an application for urgent processing (marked "urgent") can reduce this to 2-3 working days. Step 4 — Collection: TRW collects the certified copy and delivers it to the client or uses it directly in the relevant legal proceedings.
Obtaining Certified Copies from the Supreme Court
Certified copies from the Supreme Court of Bangladesh (Appellate Division and High Court Division) are obtained from the Supreme Court's copying section. The process is similar to that for subordinate courts, but the fees and processing times may differ. TRW's High Court team is experienced in obtaining certified copies from the Supreme Court on an urgent basis, particularly when they are needed for filing appeals before the Appellate Division or for executing High Court orders.
Lower Court Record Coordination
When a matter is pending before the High Court Division, the High Court may call for the lower court record. TRW coordinates the transmission of the lower court record to the High Court, ensuring that all relevant documents are included and that the record is transmitted promptly. TRW also obtains certified copies of specific documents from the lower court record for use in High Court proceedings. See our guide on taking a matter to the High Court in Bangladesh.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's court chamber team can obtain certified copies from any court in Bangladesh on an urgent basis. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How long does it take to get a certified copy in Bangladesh?
A: Ordinary processing takes 7-15 working days. Urgent processing can take 2-3 working days.
Q: Can anyone apply for a certified copy, or only parties to the case?
A: Generally, only parties to the case can apply for certified copies. However, in some circumstances, third parties with a legitimate interest may also apply.
Q: Are certified copies required for all appeals?
A: Yes, certified copies of the judgment and decree (or order) appealed against are required for filing appeals in Bangladesh courts.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Missing a court date in Bangladesh — whether in a criminal case, a civil suit, or a family matter — can have serious legal consequences. The court may issue a warrant for arrest, dismiss the case, pass an ex parte decree, or take other adverse action. However, the law provides remedies for all of these situations, and TRW — Tahmidur Rahman Remura Wahid Law Associates can act immediately to restore the status quo and protect your legal rights.
Consequences of Missing a Court Date
The consequences of missing a court date depend on the type of case. In a criminal case, if the accused misses a date, the court may issue a warrant for arrest under Section 75 of the CrPC. If the accused is on bail, the bail may be cancelled. In a civil case, if the plaintiff misses a date, the suit may be dismissed for default under Order 9, Rule 8 of the CPC. If the defendant misses a date, an ex parte decree may be passed against them under Order 9, Rule 6 of the CPC. In a family case, similar consequences apply, and the court may proceed ex parte or dismiss the case. In all cases, the sooner TRW is instructed, the better the chances of reversing the adverse order.
Restoring a Dismissed Civil Case
If a civil suit has been dismissed for default, TRW files an application for restoration under Order 9, Rule 9 of the CPC. The applicant must show sufficient cause for their non-appearance. The court has discretion to restore the suit on payment of costs. TRW prepares a detailed affidavit explaining the reasons for non-appearance (illness, unawareness, travel, etc.) and argues the restoration application before the court. Time is critical: the application for restoration must be filed within 30 days of the dismissal order (subject to the Limitation Act 1908).
Setting Aside an Ex Parte Decree
If an ex parte decree has been passed against you (because you missed a date as the defendant), TRW files an application to set aside the ex parte decree under Order 9, Rule 13 of the CPC. The applicant must show that they were not served with the summons, or that they had sufficient cause for non-appearance. The court has discretion to set aside the ex parte decree on payment of costs. TRW also explores whether the ex parte decree can be challenged in revision or appeal if the application under Order 9 Rule 13 is refused.
Recalling a Warrant After Missing a Criminal Court Date
If a warrant has been issued because you missed a criminal court date, TRW files a warrant recall application before the issuing court. TRW explains the reasons for non-appearance, undertakes that the client will appear on all future dates, and simultaneously files a bail application if the warrant is non-bailable. In most cases, the court recalls the warrant and restores the case to its hearing schedule. See our detailed guide on what to do when a warrant is issued.
Condonation of Delay
Many remedies for missing a court date are subject to limitation periods. If the limitation period has expired, TRW files an application for condonation of delay under Section 5 of the Limitation Act 1908, showing sufficient cause for the delay. The courts have consistently held that procedural technicalities should not be allowed to defeat substantive justice, and TRW's lawyers are skilled in making compelling arguments for condonation of delay.
How TRW Prevents Future Missed Dates
TRW's Sofura Court Chamber provides clients with a case diary service — a systematic record of all case dates, with advance reminders sent to the client. TRW's lawyers attend all court dates on behalf of clients and provide regular updates. This ensures that no court date is ever missed again. TRW also advises clients on the importance of maintaining communication with their lawyer and the consequences of non-appearance.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's litigation team can act immediately to reverse the consequences of a missed court date. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How long do I have to restore a dismissed civil suit?
A: Generally 30 days from the date of dismissal, subject to the Limitation Act 1908. An application for condonation of delay can be filed if the period has expired.
Q: Can an ex parte decree be set aside after it has been executed?
A: It is more difficult to set aside an ex parte decree after execution, but it is still possible in appropriate cases. TRW advises on the best strategy.
Q: What if my previous lawyer missed the court date without telling me?
A: This may constitute professional negligence. TRW can advise on the remedies available, including a complaint to the Bangladesh Bar Council.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A civil injunction is one of the most powerful legal tools available in Bangladesh civil litigation. It is a court order that restrains a party from doing a specific act or compels them to do something, pending the final determination of a dispute. When property is at risk of being sold, transferred, or damaged, or when a business is being harmed by a competitor's unlawful conduct, an injunction can provide immediate relief. TRW — Tahmidur Rahman Remura Wahid Law Associates has extensive experience in obtaining injunctions on an urgent basis before the civil courts of Bangladesh.
Legal Basis for Injunctions in Bangladesh
Injunctions in Bangladesh are governed by the Specific Relief Act 1877 (Sections 52-57) and the Code of Civil Procedure 1908 (CPC) (Order 39, Rules 1-4). The Specific Relief Act provides for permanent injunctions, while Order 39 of the CPC provides for temporary injunctions. The court's power to grant injunctions is also inherent in its jurisdiction to prevent abuse of process and to ensure that justice is not defeated by the actions of a party pending trial.
Types of Injunctions
There are several types of injunctions available under Bangladesh law. A temporary injunction (also called an interim injunction) is granted pending the final disposal of the suit. It is the most commonly sought form of injunction. A permanent injunction is granted as part of the final decree of the court, permanently restraining a party from doing a specific act. A mandatory injunction compels a party to do something (as opposed to a prohibitory injunction, which restrains them from doing something). An ex parte injunction is granted without notice to the other side, in cases of extreme urgency where giving notice would defeat the purpose of the injunction.
The Three-Part Test for a Temporary Injunction
To obtain a temporary injunction under Order 39 of the CPC, the applicant must satisfy the court on three grounds. First, a prima facie case: the applicant must show that they have a strong arguable case on the merits. Second, balance of convenience: the court must be satisfied that the inconvenience caused to the applicant by refusing the injunction outweighs the inconvenience caused to the respondent by granting it. Third, irreparable injury: the applicant must show that if the injunction is not granted, they will suffer harm that cannot be adequately compensated by damages. TRW's lawyers are skilled at presenting evidence and arguments on all three grounds to maximise the chances of obtaining an injunction.
Common Situations Where an Injunction Is Needed
Injunctions are commonly sought in Bangladesh in the following situations. Property disputes: to prevent a party from selling, transferring, or encumbering disputed property. Business disputes: to prevent a competitor from using confidential information, infringing intellectual property, or breaching a non-compete agreement. Family disputes: to prevent a party from disposing of matrimonial property pending a divorce or maintenance case. Construction disputes: to stop construction on disputed land. Contract disputes: to prevent a party from breaching a contract or to enforce specific performance. Corporate disputes: to prevent a company from taking a specific action pending a shareholder dispute. See our guide on property cases in Bangladesh.
The Process for Obtaining a Temporary Injunction
The process for obtaining a temporary injunction in Bangladesh involves the following steps. Step 1 — Filing the suit: a civil suit must be filed before the appropriate court (District Court, Joint District Judge's Court, or Senior Assistant Judge's Court, depending on the value of the subject matter). Step 2 — Filing the injunction application: simultaneously with or shortly after filing the suit, TRW files an application for a temporary injunction under Order 39, Rule 1 or 2 of the CPC, supported by an affidavit setting out the facts and the grounds for the injunction. Step 3 — Ex parte hearing: if the matter is urgent, TRW applies for an ex parte order, asking the court to grant the injunction without notice to the other side. Step 4 — Hearing on notice: after the ex parte order (if granted) or at the first hearing, the court fixes a date for hearing the injunction application on notice to the other side. Step 5 — Final order: after hearing both sides, the court makes an order either granting or refusing the temporary injunction, which remains in force until the final disposal of the suit.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team have obtained injunctions in property disputes, corporate disputes, and commercial matters across Bangladesh. TRW can prepare and file an injunction application on an urgent basis. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How quickly can an injunction be obtained in Bangladesh?
A: An ex parte temporary injunction can be obtained on the same day or the next court day in urgent cases.
Q: Can an injunction be obtained against the government?
A: Yes, injunctions can be obtained against government authorities in appropriate cases, including through writ petitions before the High Court Division.
Q: What happens if the other party violates the injunction?
A: Violation of a court injunction is contempt of court, which can result in imprisonment and/or a fine.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Receiving notice that a warrant has been issued against you in Bangladesh is a serious matter that demands immediate legal action. A warrant authorises the police to arrest you and bring you before the court. However, there are established legal procedures to recall, cancel, or surrender on a warrant — and TRW Law Firm's Sofura Court Chamber specialises in exactly this kind of urgent legal intervention.
Types of Warrants Under Bangladesh Law
Under the Code of Criminal Procedure 1898 (CrPC), there are several types of warrants. A bailable warrant allows the arrested person to be released on bail immediately upon arrest. A non-bailable warrant (NBW) requires the person to be produced before the court without bail. A warrant of arrest is issued when a summons has not been complied with (Section 75, CrPC) or when the court is satisfied that a summons would not be effective. A search warrant authorises the police to search premises for documents or evidence. An attachment warrant is issued to attach property when a person absconds. Understanding the type of warrant issued against you is the first step in determining the appropriate legal response.
Why Warrants Are Issued
Warrants are commonly issued in Bangladesh in the following circumstances. The accused has failed to appear in court on a scheduled date (Section 75, CrPC). The accused has not complied with a summons. A complaint has been filed and the Magistrate is satisfied that a warrant is necessary. A charge sheet has been filed and the accused has not appeared. In civil matters, a warrant may be issued for contempt of court or failure to comply with a court order. In many cases, the person against whom the warrant is issued is unaware that a case has been filed against them — particularly in cheque dishonour cases, civil suits, or cases filed in a court far from their residence.
Immediate Steps to Take When a Warrant Is Issued
If you learn that a warrant has been issued against you, take the following steps immediately. Do not ignore the warrant. Ignoring a warrant leads to further legal complications, including attachment of property and proclamation as an absconder under Section 87 of the CrPC. Contact TRW Law Firm immediately. TRW's lawyers will obtain a copy of the warrant and the case file to understand the nature of the case. Assess the type of warrant. If it is a bailable warrant, TRW can arrange for you to surrender before the court and obtain bail on the same day. If it is a non-bailable warrant, TRW will prepare a surrender petition and a simultaneous bail application. Do not approach the police station without a lawyer. Surrendering at a police station without legal representation can result in unnecessary remand.
How to Recall or Cancel a Warrant
A warrant can be recalled or cancelled by the court that issued it. TRW's lawyers file a warrant recall application before the issuing court, explaining the reasons for the accused's non-appearance (illness, unawareness of the case, residence outside the jurisdiction, etc.) and undertaking to appear before the court on all future dates. The court has discretion to recall the warrant and restore the case to its normal hearing schedule. In many cases, TRW successfully recalls warrants on the first application, avoiding arrest entirely. If the warrant cannot be recalled before arrest, TRW ensures that the client surrenders before the court (not the police) to maintain control over the process and obtain bail immediately.
Surrender Petition: The Safest Way to Deal with a Warrant
A surrender petition is a formal application filed before the court by which the accused voluntarily surrenders to the court's jurisdiction. This is the safest and most dignified way to deal with a warrant. TRW prepares the surrender petition, accompanies the client to court, and simultaneously files a bail application. By surrendering before the court rather than being arrested by the police, the client avoids police custody, remand, and the stigma of arrest. The court generally responds favourably to voluntary surrender, which demonstrates respect for the judicial process. See our guide on bail hearing preparation in Bangladesh.
Anticipatory Bail: Protection Before Arrest
If a warrant has been issued but the person has not yet been arrested, TRW can apply for anticipatory bail before the Sessions Court or the High Court Division. Anticipatory bail is a direction to release the applicant on bail in the event of arrest. It provides protection against arrest and allows the applicant to continue their normal life while the case is resolved. TRW's lawyers are experienced in obtaining anticipatory bail orders, particularly in cases where the warrant has been issued in a case that the client was unaware of or where the allegations are weak.
How Barrister Remura Meheruba Mahbub Can Help
Barrister Remura Meheruba Mahbub, senior associate at TRW Law Associates, has extensive experience in warrant recall applications, surrender petitions, and anticipatory bail. She advises clients on the most effective strategy for dealing with warrants and appears in court to obtain the best possible outcome. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can a warrant be recalled without the accused being arrested?
A: Yes. TRW can file a warrant recall application before the issuing court, and if the court accepts the explanation for non-appearance, the warrant can be recalled without arrest.
Q: What happens if I ignore a non-bailable warrant?
A: The court may issue a proclamation under Section 87 of the CrPC declaring you an absconder, and may attach your property under Section 88.
Q: Is it better to surrender to the court or the police?
A: It is always better to surrender before the court. This avoids police custody and remand, and allows your lawyer to obtain bail immediately.
