Physical torture in Bangladesh ( Assault and threats)
In Bangladesh, assault and threats charges are governed by the Penal Code, which defines various offenses related to violence and threats of violence.
Under the Penal Code, assault is defined as the act of causing or attempting to cause physical harm to another person. It is punishable by imprisonment for up to one year, or by a fine, or by both. If the assault results in serious injury, the punishment may be increased to imprisonment for up to seven years.
Threats, also known as criminal intimidation, are defined as the act of threatening another person with harm or injury. Threats can be verbal or written, and they can be made directly to the victim or through a third party. Threats are punishable by imprisonment for up to two years, or by a fine, or by both. If the threats are made in writing, the punishment may be increased to imprisonment for up to seven years.
In addition to the Penal Code, the Domestic Violence (Prevention and Protection) Act, 2010 provides protection to victims of domestic violence and provides for the punishment of perpetrators of domestic violence. The act defines domestic violence as any act or conduct that causes physical, psychological, or economic harm or suffering to a person. It provides for the issuance of protection orders to prevent further abuse and for the punishment of those who violate such orders.
If you have been charged with assault or threats in Bangladesh, it is important to seek legal assistance as soon as possible. An experienced criminal defense lawyer can help you understand your rights and options, and can work with you to develop a defense strategy. Some possible defenses to assault and threats charges include self-defense, defense of others, and lack of intent.
It is also important to remember that being charged with a crime does not necessarily mean you will be convicted. With the help of a skilled lawyer, you may be able to get the charges against you reduced or dismissed, or you may be able to negotiate a plea deal that results in less severe penalties.
If you have been charged with assault or threats in Bangladesh, it is important to take the charges seriously and to seek legal assistance as soon as possible. An experienced criminal defense lawyer can help you navigate the legal system and fight for your rights.
Options if you are getting tortured by someone in Bangladesh:
If you have been physically abused in Bangladesh, there are several legal options available to you. These options include:
Filing a police report: If you have been physically abused, it is important to report the abuse to the police as soon as possible. This will not only help to protect you from further abuse, but it will also help to build a case against the person who abused you. When you file a police report, be sure to provide as much detail as possible about the abuse, including the date, time, location, and any injuries you sustained.
Filing a complaint with a human rights organization: There are several human rights organizations in Bangladesh that can assist you in seeking justice for physical abuse. These organizations can provide you with legal assistance, help you file a police report, and advocate on your behalf.
Filing a civil lawsuit: If you want to seek compensation for the physical abuse you have suffered, you can file a civil lawsuit against the person who abused you. In a civil lawsuit, you can seek damages for medical expenses, lost wages, and other costs related to the abuse.
Seeking a restraining order: If you are in immediate danger of being physically abused again, you can seek a restraining order to prevent the person who abused you from having any further contact with you.
It is important to note that seeking justice for physical abuse can be a difficult and complex process. However, by taking action and pursuing legal recourse, you can increase your chances of getting the justice you deserve. If you have been physically abused, it is important to seek help and to not be afraid to speak out about the abuse.
This section of the Penal Code criminalizes causing voluntary hurt. It states that anyone who intentionally or recklessly causes hurt to another person can be punished with imprisonment for up to one year, or with a fine, or with both.
Bail may be granted by a court at the discretion of the judge. Factors that may be considered when determining whether to grant bail include the severity of the offense, the likelihood of the accused fleeing, and the risk of the accused committing further crimes.
Penal Code, Section 325
This section of the Penal Code criminalizes causing grievous hurt. It states that anyone who causes hurt that is likely to cause death, or that causes the loss of a limb or organ, or that permanently disables a person, can be punished with imprisonment for up to seven years, or with a fine, or with both.
Bail may be granted by a court at the discretion of the judge. Factors that may be considered when determining whether to grant bail include the severity of the offense, the likelihood of the accused fleeing, and the risk of the accused committing further crimes.
Penal Code, Section 326
This section of the Penal Code criminalizes causing hurt with a dangerous weapon. It states that anyone who causes hurt to another person by using a dangerous weapon can be punished with imprisonment for up to ten years, or with a fine, or with both.
Bail may be granted by a court at the discretion of the judge. Factors that may be considered when determining whether to grant bail include the severity of the offense, the likelihood of the accused fleeing, and the risk of the accused committing further crimes.
Domestic Violence (Prevention and Protection) Act, 2010
This act provides protection to victims of domestic violence and provides for the punishment of perpetrators of domestic violence. It defines domestic violence as any act or conduct that causes physical, psychological, or economic harm or suffering to a person.
Bail may be granted by a court at the discretion of the judge. Factors that may be considered when determining whether to grant bail include the severity of the offense, the likelihood of the accused fleeing, and the risk of the accused committing further crimes.
Document the abuse: It is important to document the physical abuse you have suffered. This may include taking photos of any injuries you have sustained, keeping a diary of the abuse, and keeping any medical records or other documentation related to the abuse.
Seek medical attention: If you have been physically abused, it is important to seek medical attention as soon as possible. This will not only help you receive the necessary treatment for your injuries, but it will also provide you with important documentation of the abuse.
Report the abuse to the authorities: If you have been physically abused, it is important to report the abuse to the authorities. You can do this by contacting the police or by filing a complaint with a local human rights organization.
Gather evidence: In order to get justice for the physical abuse you have suffered, it is important to gather as much evidence as possible. This may include witness statements, medical records, and other documentation related to the abuse.
Seek legal assistance: If you want to pursue legal action against the person who physically abused you, it is important to seek legal assistance. This can be done by contacting a local human rights organization or by hiring a lawyer.
Consider seeking compensation: In some cases, it may be possible to seek compensation for the physical abuse you have suffered. This may include damages for medical expenses, lost wages, and other costs related to the abuse.
Don’t give up: Pursuing justice for physical abuse can be a long and difficult process. It is important to stay strong and to not give up, even if it seems like the odds are against you.
It is important to note that physical abuse is a serious issue that should not be tolerated. If you or someone you know has been the victim of physical abuse, it is important to take steps to get the justice you deserve. By following the steps outlined above, you can increase your chances of getting the justice you deserve.
In section 2(6), the law borrows the definition of ‘torture’ from the 1984 Convention, stating that ‘torture’ means any act that causes physical or mental pain and suffering to a person. Torture includes, among other things, inflicting physical and mental pain on a person in order to obtain information or a confession, punishing a person for an act he committed or is suspected of committing, or intimidating or coercing him or a third person.
Furthermore, infliction of pain or suffering is torture when done for any reason based on discrimination of any kind, or by or with the consent of a public official or other person acting in an official capacity. Section 12 states that war, the threat of war, internal political instability, an emergency situation, or any order from a superior officer/authority can never be used as justification for torturing someone.
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Section 2(7) defines custodial death as the death of a person in the custody of a public official. Furthermore, it includes the death of a person while being illegally detained or arrested by any member of a law enforcement agency. It also refers to the death of a person during interrogation or remand, regardless of whether he is a witness or not in a case.
Under section 2(8) of this Act, a victim or aggrieved person is defined as someone who has been directly tortured or whose acquaintance has been tortured.
Section 4 of the Act empowers the Court to immediately write a record of torture when anyone appears before it with a complaint of torture. The Court will order that the tortured person be examined by a registered doctor. In the case of a female victim, she should be examined by a female doctor.
The doctor must prepare a report within 24 hours describing the victim’s injuries and pain, as well as the possible time when the victim was tortured. The reports must be submitted to the Court and distributed to the complainant or anyone he designates.
Section 5 states that the Court will send a copy of the torture record to the Police Super or any Police Officer of higher rank, as well as an order to file a criminal case. If the doctor recommends that the victim be admitted to a hospital, the Court will make the necessary arrangements.
Upon receipt of this order, the Police will investigate the complaint and submit a report, either with or without charges. However, if the Court is satisfied on the application of the aggrieved person that the Police cannot properly complete the investigation, the Court can issue an order for a judicial inquiry.
Section 6 allows a third party to file a complaint of torture, and the Court is required to issue an order for the complainant’s safety and protection. Even the Court has the authority to go to the location of the alleged torture.
Section 8 of this law requires that investigations be completed within 90 days of the complaint being filed. In exceptional cases, the investigation may be delayed for up to 30 days after hearing the victim or aggrieved party. Torture offenses are cognizable, non-compoundable, and non-bailable under this law.
Under Section 11, the complainant may petition the Session Judge Court for safety and protection. The state and the alleged accused can be made parties in such a petition, which must be resolved within 14 days after serving a seven-day notice on the opposing party.
While deciding the case, the Court may detain the opposing party for a maximum of seven days, with the option to extend the period at any time. To ensure the complainant’s safety, the Court may move to a specific location and prohibit the opposing party from entering.
The accused bears the burden of proving their innocence. The Session Judge Court must complete the trial under this Act within 180 days, but the time can be extended by up to 30 days. An offender can be sentenced to up to 5 years in prison or a fine of up to BDT 50,000, or both.
Section 15 stipulates that the victim or aggrieved party be compensated with BDT 25,000. If the victim dies as a result of torture, the offender will face life imprisonment or a fine of up to BDT 1 lakh, or both. In this case, the victim’s family or those who have been wronged will be compensated with BDT 2 lakh. The decision of the Session Judge Court can be appealed to the High Court Division.
Here is a table of frequently asked questions about Bangladeshi law on various criminal offenses:
Topic
Question
Answer
Assault & Threats Charges
What is assault in Bangladesh?
Assault in Bangladesh is defined as the act of causing or attempting to cause physical harm to another person. It is punishable by imprisonment for up to one year, or by a fine, or by both. If the assault results in serious injury, the punishment may be increased to imprisonment for up to seven years.
What are threats in Bangladesh?
Threats, also known as criminal intimidation, are defined as the act of threatening another person with harm or injury. Threats can be verbal or written, and they can be made directly to the victim or through a third party. Threats are punishable by imprisonment for up to two years, or by a fine, or by both. If the threats are made in writing, the punishment may be increased to imprisonment for up to seven years.
Bribery Charges
What is bribery in Bangladesh?
Bribery in Bangladesh is defined as the act of offering, giving, receiving, or agreeing to receive a benefit in exchange for influencing the performance of a public or official duty. It is punishable by imprisonment for up to seven years, or by a fine, or by both.
Women & Child Abuse
What is domestic violence in Bangladesh?
Domestic violence in Bangladesh is defined as any act or conduct that causes physical, psychological, or economic harm or suffering to a person. It is punishable by imprisonment for up to one year, or by a fine, or by both. The Domestic Violence (Prevention and Protection) Act, 2010 provides for the issuance of protection orders to prevent further abuse and for the punishment of those who violate such orders.
Dowry Prohibition Cases
What is dowry prohibition in Bangladesh?
Dowry prohibition in Bangladesh refers to the practice of giving or receiving money, property, or other goods as a condition for a marriage. It is punishable by imprisonment for up to five years, or by a fine, or by both. The Dowry Prohibition Act, 1980 provides for the punishment of those who give or receive dowry.
Pornography
What is pornography in Bangladesh?
Pornography in Bangladesh refers to any material that is sexually explicit or suggestive. It is punishable by imprisonment for up to ten years, or by a fine, or by both. The Pornography Control Act, 2012 provides for the punishment of those who produce, distribute, or possess pornography.
Misuse of Information, Technology
What is the misuse of information technology in Bangladesh?
The misuse of information technology in Bangladesh refers to the unauthorized use of computers, computer systems, or computer networks. It is punishable by imprisonment for up to three years, or by a fine, or by both. The Information and Communication Technology Act, 2006 provides for the punishment of those who misuse information technology.
Drugs Related Crimes
What are drugs related crimes in Bangladesh?
Drugs related crimes in Bangladesh refer to offenses involving the possession, use, sale, or distribution of illegal drugs. It is punishable by imprisonment for up to ten years, or by a fine, or by both. The Narcotics Control
Why Tahmidur Rahman Remura Wahid is one of the most coveted criminal prosecution and defence lawyers:
Tahmidur Rahman Remura Wahid is a highly respected criminal defense law chamber in Bangladesh. We are dedicated to providing our clients with the best possible legal representation and ensuring that they are able to make informed decisions about their cases. Our team of experienced attorneys is equipped to handle a wide range of criminal cases, including murder, sex offenses, corruption, and drug crimes, among others. We have appeared in all levels of court, up to the Supreme Court of Bangladesh, and have a track record of success in high profile cases.
At our initial meeting, we will listen to your story and explain the legal process to you in detail. We will also help you understand your options and make a decision about whether to plead guilty or go to trial. If you choose to have a trial, we will review all relevant documentation, including police and court records, to help you build a strong defense.
When you are facing charges:
If you are facing criminal charges, it is important to seek legal representation as soon as possible. Prior to your first appointment with us, please gather all relevant information, including the exact charge you are facing, your next court date and location, and any documentation related to the charge. We are here to help you navigate the legal system and fight for your rights.
We can help you in the prosecution and defence of the following matters:
Murder / manslaughter (including manslaughter)
Sex offences
Corruption
Death by dangerous driving
Kidnapping
Violent disorder
Armed robbery
Arson / criminal damage
Blackmail
Possession / supply of drugs
Inquests
f you require any assistance or consultation, please visit our office or contact us at +8801779127165 or +8801847220062 (WhatsApp) or by email- info@trfirm.com.
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How to oppose a suit lodged by a bank in Bangladesh
If you have been served with a lawsuit from a bank in Bangladesh, you will need to respond to the lawsuit in order to present your side of the case. One way to respond is to file an “answer” to the lawsuit.
This is a document in which you can raise any defenses or arguments that you have to the bank’s claims. You will need to follow the procedures set forth by the court in order to properly file your answer.
You should also consider seeking the advice of a lawyer to help you understand your legal rights and options. A lawyer can help you prepare a strong defense to the bank’s claims and represent you in court.
In Bangladesh, a default judgment is a judgment entered by the court in favor of the plaintiff (in this case, the bank) if the defendant (you) fails to properly respond to the lawsuit or appear in court for a hearing.
This can happen if you do not file an answer to the lawsuit within the time required by the court, or if you fail to attend a scheduled court hearing.
If a default judgment is entered against you, it means that the court has granted the bank’s requested relief without considering your defenses or arguments. This can have serious consequences, such as the bank being able to garnish your wages or seize your assets to satisfy the judgment.
To avoid a default judgment, it is important to respond to the lawsuit promptly and to follow the procedures set forth by the court.
It is important to act promptly in responding to a lawsuit, as failing to do so can result in a default judgment being entered against you. This means that the court may grant the bank’s requested relief without considering your defenses or arguments.
Review the lawsuit and make sure you understand the bank’s claims and the relief it is seeking.
Consider seeking the advice of a lawyer. A top lawyer can help you understand your legal rights and options, and can represent you in court.
File an “answer” to the lawsuit. This is a document in which you can raise any defenses or arguments that you have to the bank’s claims. You will need to follow the procedures set forth by the court in order to properly file your answer.
Prepare your defense. You will need to present evidence and arguments to support your defenses to the bank’s claims. This may include gathering documents, witness statements, and other types of evidence.
Attend any court hearings or proceedings. You will need to attend any court hearings or proceedings related to the lawsuit. This is your opportunity to present your defense to the court and to challenge the bank’s evidence and arguments.
Consider negotiating a settlement. If you are unable to successfully defend against the bank’s claims, you may want to consider negotiating a settlement. This can involve agreeing to pay the bank a certain amount of money in order to resolve the case.
It is important to act promptly in responding to a lawsuit and to follow the procedures set forth by the court. Failing to do so can result in a default judgment being entered against you.
Steps of a Money Loan (Artha Rin) Court Suit in Bangladesh:
Procedure
Description
Auction before filing suit
In certain cases, the lender may be required to hold an auction of the borrower’s assets before filing a lawsuit to recover the unpaid balance of the loan. This is governed by section 12 of the Money Loan Court Act, 1990.
Special time limit for filing suit
The lender may have a special time limit for filing a lawsuit to recover the unpaid balance of the loan. This is governed by section 46 of the Money Loan Court Act, 1990.
Limitation of claim
The lender may only be able to recover the unpaid balance of the loan up to a certain amount. This is governed by section 47 of the Money Loan Court Act, 1990.
Interest Calculation
The lender may be entitled to recover interest on the unpaid balance of the loan. The calculation of interest may be governed by section 50 of the Money Loan Court Act, 1990.
Plaint
The lender will file a complaint with the court, alleging that the borrower has defaulted on the loan and seeking to recover the unpaid balance. This is known as a “plaint” and is governed by section 8 of the Money Loan Court Act, 1990.
Summons /SR (Summons Return)
The borrower will be served with a summons, which will inform them of the lawsuit and the date of the first court hearing. The borrower may also be required to file a “summons return” acknowledging receipt of the summons. This is governed by section 7 of the Money Loan Court Act, 1990.
Written statement (WS)
The borrower may be required to file a written statement setting forth their defenses or arguments to the lender’s claims. This is known as a “written statement” and is governed by sections 9 and 10 of the Money Loan Court Act, 1990.
Additional statement against written statement (WS)
The lender may have the option to file an additional statement in response to the borrower’s written statement. This is governed by section 11 of the Money Loan Court Act, 1990.
Exparty Decree
In certain cases, the court may enter a “exparty decree” without a hearing, if the borrower fails to file a written statement or appear in court. This is governed by section 19 of the Money Loan Court Act, 1990.
ADR (Alternative Dispute Resolution)
The parties may have the option to engage in alternative dispute resolution, such as mediation or arbitration, in an effort to resolve the case without a trial. This is governed by sections 22-25 of the Money Loan Court Act, 1990.
Hearing
A hearing will be held to allow both parties to present their evidence and arguments. This may be held before a judge or a jury, depending on the specific circumstances of the case and the rules of the particular court.
Argument
Both parties will have the opportunity to present their evidence and arguments to the court. This may include witness testimony and documentary evidence, such as loan documents and records of payments made or not made. The parties may also be able to cross-examine the other party’s witnesses.
Judgement and decree
After considering the evidence and arguments presented by both parties, the court will render a decision. If the borrower is found to be in default, the court may enter a judgment in favor of the lender, ordering the borrower to pay the unpaid balance of the loan. This is known as a “judgment and decree” and is governed by section 16 of the Money Loan Court Act, 1990.
For detailed understanding, here is a explanation of the steps involved in a money loan (artha rin) court suit in Bangladesh:
The lender files a lawsuit against the borrower. The lender will file a complaint with the appropriate court, alleging that the borrower has defaulted on the loan and seeking to recover the unpaid balance. The complaint will typically include details about the loan agreement, the amount of money owed, and the lender’s efforts to collect the debt.
The borrower is served with the lawsuit. The borrower will be served with a copy of the lawsuit and a summons, which will inform them of the lawsuit and the date of the first court hearing. The summons will typically contain information about the time and place of the hearing, as well as the borrower’s obligations and rights in the lawsuit.
The borrower responds to the lawsuit. The borrower has the option to file an “answer” to the lawsuit, in which they can raise any defenses or arguments they have to the lender’s claims. The answer is typically due within a certain number of days after the borrower is served with the lawsuit. If the borrower fails to file an answer, they may be at risk of a default judgment being entered against them.
The court schedules a hearing. The court will schedule a hearing to allow both parties to present their evidence and arguments. The hearing may be held before a judge or a jury, depending on the specific circumstances of the case and the rules of the particular court.
The parties present their cases. Both parties will have the opportunity to present their evidence and arguments to the court. This may include witness testimony and documentary evidence, such as loan documents and records of payments made or not made. The parties may also be able to cross-examine the other party’s witnesses.
The court renders a decision. After considering the evidence and arguments presented by both parties, the court will render a decision. If the borrower is found to be in default, the court may enter a judgment in favor of the lender, ordering the borrower to pay the unpaid balance of the loan. If the borrower is found not to be in default, the court may dismiss the case.
The borrower can appeal the decision. If the borrower is unhappy with the court’s decision, they may have the option to appeal the decision to a higher court. The appeal process will typically involve the submission of additional legal briefs and possibly a new hearing before the higher court.
It is important to note that these are general steps and that the specific procedures may vary depending on the specific circumstances of the case and the rules of the particular court. It is also important to seek the advice of a lawyer to help you understand your legal rights and options.
Steps of an Artha Rin execution suit in Bangladesh:
Step
Description
Filing of Artha Rin Execution Suits (section 27)
This step involves the filing of a suit in court seeking the execution of an Artha Rin (money judgment) order. The plaintiff must provide evidence to support their claim and the defendant must be given an opportunity to defend themselves.
Time limit for Filing of Artha Rin Execution Suits (section 28)
There is a time limit for the filing of Artha Rin execution suits, as specified in section 28 of the relevant legislation. The time limit may vary depending on the circumstances of the case.
Summon (section 30)
After the suit has been filed, the court may issue a summon to the defendant, requiring them to appear in court and answer the plaintiff’s claims. The summon must be served on the defendant in a manner prescribed by law.
Auction (section 33)
If the defendant fails to pay the Artha Rin amount, the court may order the sale of the defendant’s property through an auction, in order to recover the money owed. The auction must be conducted in accordance with the rules and procedures set out in the relevant legislation.
Certificate for possession and use (section 33(5))
After the auction, the successful bidder may apply for a certificate of possession and use of the property, as provided for in section 33(5) of the relevant legislation. This certificate allows the successful bidder to take possession of the property and use it for the purposes specified in the certificate.
Certificate of title (section 33(7))
The successful bidder may also apply for a certificate of title to the property, as provided for in section 33(7) of the relevant legislation. This certificate confirms the successful bidder’s ownership of the property.
Appeal (section 41)
Either party (plaintiff or defendant) may file an appeal against the court’s decision in the Artha Rin execution suit. The appeal must be filed within the time limit specified in the relevant legislation and must be based on grounds provided for in the legislation.
Revision (section 42)
Either party may also apply for revision of the court’s decision, as provided for in section 42 of the relevant legislation. This may be done on the grounds of an error of law or fact, or if new and material evidence has come to light since the original decision was made.
Leave to Appeal (section 43)
In order to file an appeal, the party seeking to appeal must first obtain leave (permission) from the court, as provided for in section 43 of the relevant legislation. The court will consider whether the appeal has a reasonable chance of success before granting leave to appeal.
Hire the best law firm in Bangladesh in Artha Rin Matters in Bangladesh:
The Artha Rin Adalat Ain, 2003 (Money Loan Court Act, 2003) is the primary legal instrument dealing with bank and non-bank financial institutions (NBFI) loan defaulters, outlining mechanisms for banks and financial institutions (FIs) to be reimbursed. The Act establishes a separate court to deal with money loan cases, which can only be filed by a bank or an NBFI.
In litigation, we have a strong, young, and energetic team. Furthermore, our Research Team is always available to assist them in preparing a strong claim with updated laws and case references. Our team can also provide an opinion on various issues and help with litigation. Our professionals always carefully nurture the suit and always try to ensure the rights of the sufferer, with some notable successes as follows.
Tahmidur Rahman Remura Wahid – A Full-Service Law Firm has a proven track record of assisting clients with Artha Rin Adalot Matters. We have an experienced team of lawyers who can assist you by representing you in ArthaRin Suits before the Joint District Judge Court and the High Court Division of the Supreme Court of Bangladesh.
If you require any assistance or consultation, please visit our office or contact us at +8801779127165 or +8801847220062 (WhatsApp) or by email- info@trfirm.com.
E-mail: info@trfirm.com Phone: +8801847220062 or +8801779127165 or +8801708080817
Address: House 410, Road 29, Mohakhali DOHS, Dhaka 1206
Alternative Dispute Resolution in Bangladesh and what exactly is ADR?
The term “alternative dispute resolution” or “ADR” is frequently used to refer to a wide range of dispute resolution mechanisms that are abridged versions of or substitutes for full-scale court processes or judicial process. In other words, alternative dispute resolution refers to the practice of resolving disputes between parties through means other than formal litigation. ADR is a process that can be independent (non-judicial) or court-annexed (judicial), binding or non-binding, formal or informal, obligatory or voluntary.
It should be emphasized that the term “ADR” is misleading in the sense that it is not always an alternative to formal litigation and is frequently a part of formal litigation, particularly for court-connected ADR processes. According to Professor Thomas J. Stipanowich, ADR is an obsolete acronym that exists solely for convenience. “Not only is ‘alternative’ unhelpful- alternative to what?- but “appropriate” better conveys the concept of “method best suited to resolving the dispute,” as noted by the California Task Force. Professor Jean R. Sternlight prefers “Appropriate Dispute Resolution” to “Alternative Dispute Resolution.”
ADR typically includes the following mechanisms: negotiation, conciliation, mediation, and arbitration. However, the variety of ADR models found in various nations can be described as follows:
(a) Court-annexed or stand-alone ADR (b) Binding or Non-binding ADR (c) Formal and Informal Alternative Dispute Resolution (d) Basic and Hybrid ADR
Court Annexed ADR or Independent ADR:
ADR may be either standalone or court-annexed. In other words, ADR may or may not be tied to a lawsuit. When ADR is incorporated into a lawsuit or court proceeding, it is referred to as court-annexed ADR (judicial ADR).
(a) Court-Annexed ADR:
In this instance, resorting to ADR is contingent upon the court process, as it is tied to the country’s justice system. After filing a court case, a judge or court employee will examine the dispute and suggest or order the parties to attempt alternative dispute resolution, such as mediation, conciliation, negotiation, and mini-trials. Under each approach, the judge or a neutral third party will attempt to bring the parties to an amicable resolution.
If they do, the case is dismissed, saving the parties time and money. A court-administered alternative dispute resolution process may precede, follow, or intervene in the formal legal process. There is no obvious reason to favor one of these models over the others. A model that gives disputants access to an ADR process at any stage of a pending suit or case is arguably the best.
(b) Independent ADR:
On the other hand, independent ADR is unrelated to court proceedings. Freestanding ADR occurs when disputants independently engage in conciliation or approach a middleman or neutral third party to negotiate or mediate their dispute. Examples of independent ADR include I commercial arbitration and (ii) community or local ADR.
Commercial Arbitration:
Commercial arbitration is a common form of independent alternative dispute resolution. The disputants agree on a neutral third party or a process for naming the neutral third party to resolve the dispute. In addition, they agree on the rules the arbitrator will use to decide the case and whether or not the decision will be binding or merely advisory. Complex contracts, such as those for the construction of a power plant, typically contain arbitration clauses outlining how disputes will be resolved in advance. In other instances, the parties do not agree to arbitrate until a dispute has arisen.
The Model Law on International Commercial Arbitration, published in 1985 by the United Nations Commission on International Trade Law, has been adopted by the vast majority of countries to facilitate commercial arbitration. This law makes arbitral awards legally enforceable, grants broad rights to commercial parties to choose how they will arbitrate their disputes, and directs courts to only overturn awards in the most limited circumstances.
Community-based alternative dispute resolution is a second independent type of alternative dispute resolution. It builds on traditional models of popular justice that rely on elders, religious leaders, or other community figures to assist in resolving local or community conflicts on a daily basis. In Bangladesh, for instance, the traditional Shalish system, in India lok adalat, and in the Philippines barangays or neighborhoods attempt to resolve minor disputes between villagers.
Different types of ADR in Bangladesh:
Sumaiya Khair suggests that there are three streams of ADR in Bangladesh:
Extra- judicial or community based ADR (informal);
ADR in Quasi-formal systems; and
ADR in formal legal system.
All these ADR modes have been discussed in different chapters in this book with there merits and demerits. Formal ADR in different laws are shown in the diagram below:
Laws related to ADR
Formal ADR in Bangladesh
Code of Civil Procedure (sec. 89A, 89B, 89C)
Family courts Ordinance, 1985 (sec. 10)
Muslim Family Laws Ordinance 1961 (sec. 7, 8)
ArtharinAdalat Ain, 2003 (sec. 21, 22)
Negotiation,Conciliation, Arbitration (sec. 210 of the Labour Code, 2006)
Pre-Litigation
Part of litigation
Informal ADR in Bangladesh
Informal ADR in Bangladesh includes traditional shalish and NGO modified Shalish. Quasi-formal ADR includes village court and Board of Conciliation have originated from the informal shalish system and this is why they all have been shown in the following single diagram.
The Settlement of Disputes (Paura Area) Board Act, 2004.
Binding or Non-binding:
Type of ADR
Description
Mediation
A process in which a neutral third party (the mediator) helps the parties to a dispute communicate and negotiate a resolution. The mediator does not have the authority to make a decision on the dispute, but rather helps the parties come to an agreement on their own.
Arbitration
A process in which a neutral third party (the arbitrator) hears both sides of a dispute and makes a binding decision. Arbitration is similar to a trial, but is typically quicker, less formal, and less expensive.
Early neutral evaluation
A process in which a neutral third party evaluates the strengths and weaknesses of each side’s case at an early stage in the litigation process. The evaluator provides an opinion on the likely outcome of the case if it were to go to trial, which can help the parties to decide whether to pursue settlement or continue with the litigation.
Mini-trial
A process in which both sides to a dispute present their cases to a panel of decision-makers (usually senior executives or retired judges) in a condensed, informal trial. The panel then provides a non-binding recommendation for a resolution of the dispute.
ADR (Voluntary or Mandatory): It is essential to differentiate between binding and non-binding ADR forms. The voluntariness of negotiation, mediation, and conciliation programs depends on the parties’ willingness to reach a voluntary agreement. Arbitration programs may be either enforceable or non-enforceable. Similar to a court decision, binding arbitration results in a third-party decision that the disputants must follow even if they disagree with the outcome. Arbitration that is not binding results in a third-party decision that the parties may reject.
Another aspect of the mandatory versus voluntary nature of ADR relates to the manner in which disputes enter the 0 ADR process. In other words, the use of the ADR system may be mandatory or optional. If the parties are compelled to use alternative dispute resolution (by a court or statute, for example), then the use is binding or mandatory. Conversely, if the use is based solely on the consent of all parties, it is entirely voluntary and non-binding. Prior to court action, some judicial systems require litigants to negotiate, conciliate, mediate, or arbitrate.
ADR processes may also be mandated by a prior contract between the parties. In voluntary processes, the submission of a dispute to an ADR process is determined solely by the parties’ volition.
ADR process is less formal than traditional legal proceedings, such as court cases. It is frequently emphasized that ADR is a less formal dispute resolution process than the formal legal system. The ADR process is informal in that the rules of procedure are flexible and lack formal pleadings, extensive written documentation, and rules of evidence, among others. Now, these informal ADR modes are separated into two categories: formal ADR modes and informal ADR modes. When a particular ADR mode is court-annexed, its records and proceedings may be required to be submitted to the court.
In contrast, when a mode of ADR is independent, it tends to be informal in the sense that neither the parties nor the mediator are required to keep a record of their proceedings, nor are they required to adhere to specific rules of procedure.
For the most part, negotiation is an informal process in which parties identify issues of concern, explore options for resolving those issues, and reach a consensus; if they fail to reach a consensus, the matter concludes without formality, leaving them open to other forms of ADR. Conversely, conciliation and mediation are considered informal when they are independent and formal when they are court-ordered or legally binding.
Traditional Shalish’ or mediation or conciliation through NGO efforts are examples of informal ADR processes, whereas mediation and conciliation through court intervention are examples of formal ADR processes. Arbitration is more formal than other forms of alternative dispute resolution, and it is extremely formal when it is binding on the parties and can be enforced by the court.
A benefit of informal ADR systems is that they are less expensive and less intimidating for disadvantaged communities, which tends to increase the poor’s access to justice. Additionally, these systems are less expensive for the state and can be placed more easily in locations that will increase access for underserved populations.
Standard and Hybrid Alternative Dispute Resolution in Bangladesh:
Here is a table of different types of court-annexed alternative dispute resolution (ADR) processes:
The variety of ADR models found in developed and developing countries can be described in two fundamental ways: basic ADR processes, which include negotiation, conciliation, mediation, and arbitration; and hybrid ADR processes, in which specific elements of the basic processes have been combined to create a wide variety of ADR methods (e.g., med-arb. combines mediation and arbitration). Hybrid ADR processes may also incorporate court-based adjudication features; for instance, the minitrial combines an adjudication-like presentation of arguments and evidence with negotiation.
Here is a table that compares negotiation, mediation, conciliation, and arbitration:
Process
Description
Negotiation
A process in which two or more parties communicate directly with each other to try to reach an agreement on a course of action or to resolve a dispute. Negotiation is voluntary and can take place informally or as part of a formal process. The parties have the freedom to agree on any terms they see fit, and they may seek the assistance of lawyers or other advisers.
Mediation
A process in which a neutral third party (the mediator) helps the parties to a dispute communicate and negotiate a resolution. The mediator does not have the authority to make a decision on the dispute, but rather helps the parties come to an agreement on their own. Mediation is typically less formal than arbitration or litigation and is often less costly.
Conciliation
A process in which a neutral third party (the conciliator) meets with the parties to a dispute and helps them to identify the issues in the dispute and explore options for resolution. The conciliator does not have the authority to make a decision on the dispute, but rather helps the parties come to an agreement on their own. Conciliation is similar to mediation, but may be more informal.
Arbitration
A process in which a neutral third party (the arbitrator) hears both sides of a dispute and makes a binding decision. Arbitration is similar to a trial, but is typically quicker, less formal, and less expensive. The parties may agree to arbitration as an alternative to litigation or as part of a contract. The arbitrator’s decision is final and binding, unless the parties agree to have it reviewed by a court.
The Benefits of Alternative Dispute Resolution (ADR)
There are some potential benefits to using ADR. Examples include:
Save Time:
ADR can often settle or decide a dispute much faster; often in a matter of months, even weeks, whereas bringing a lawsuit to trial can take a year or more.
Save Money:
When cases are resolved earlier through ADR, the parties may be able to save money on attorney fees, court costs, and expert fees.’
Increase Control Over the Process and the Outcome:
In ADR, parties typically have more influence over both the process and the outcome. Parties have more opportunities to tell their side of the story in most ADR processes than they do at trial. Some ADR processes, such as mediation, allow the parties to devise novel solutions that would not be possible in court. Other forms of ADR, such as arbitration, allow the parties to select an expert in a specific field to resolve the dispute.
Maintain Relationships:
Alternative Dispute Resolution (ADR) can be a less adversarial and hostile way to resolve a dispute. An experienced mediator, for example, can assist the parties in effectively communicating their needs and points of view to the other side. This can be a significant advantage when the parties’ relationship is at stake.
Increase Satisfaction:
In most trials, there is a winner and a loser. The loser is unlikely to be pleased, and even the winner may be dissatisfied with the outcome. ADR can assist parties in finding win-win solutions and achieving their true objectives. This, along with the other potential benefits of ADR, may increase the parties’ overall satisfaction with both the dispute resolution process and the outcome.
FAQ table in regards to Alternative Dispute Resolution in Bangladesh :
FAQ
Description
Answer
What is arbitration?
A description of arbitration
Arbitration is a dispute resolution process in which a neutral third party (the arbitrator) hears the evidence and arguments of the parties involved in the dispute and makes a decision that is legally binding on the parties.
Is arbitration commonly used in Bangladesh?
Whether arbitration is a commonly used method of dispute resolution in Bangladesh
Yes, arbitration is a commonly used method of dispute resolution in Bangladesh, particularly in commercial and business disputes.
What types of disputes can be resolved through arbitration in Bangladesh?
The range of disputes that can be resolved through arbitration in Bangladesh
In Bangladesh, arbitration can be used to resolve a wide range of disputes, including commercial disputes, construction disputes, employment disputes, and disputes relating to the sale of goods or services.
The process for initiating arbitration in Bangladesh
The arbitration process in Bangladesh is typically initiated when one party to a dispute sends a written request for arbitration to the other party. This request must specify the nature of the dispute and the relief sought.
Who selects the arbitrator in an arbitration in Bangladesh?
The process for selecting the arbitrator in an arbitration in Bangladesh
In most cases, the parties to the dispute will agree on the arbitrator or arbitrators who will hear the case. If the parties are unable to agree on an arbitrator, the Bangladesh International Arbitration Centre (BIAC) can appoint an arbitrator.
Can the parties to an arbitration in Bangladesh choose the law that will be applied by the arbitrator?
Whether the parties can specify the law that will be applied in an arbitration in Bangladesh
Yes, the parties to an arbitration in Bangladesh can agree on the law that will be applied by the arbitrator. If the parties do not specify the law that will be applied, the arbitrator will typically apply the law of the country in which the arbitration is taking place.
Whether the arbitration process in Bangladesh is open to the publicYes, the arbitration process in Bangladesh is generally confidential. This means that the proceedings, as well as the arbitrator’s decision, are not open to the public.
Can the parties to an arbitration in Bangladesh appeal the arbitrator’s decision?
Whether the parties can appeal the arbitrator’s decision in an arbitration in Bangladesh
No, the parties to an arbitration in Bangladesh cannot appeal the arbitrator’s decision. The decision of the arbitrator is final and binding on the parties.
Can the parties to an arbitration in Bangladesh seek judicial review of the arbitrator’s decision?
Can the parties to an arbitration in Bangladesh agree to waive their right to seek judicial review of the arbitrator’s decision?
Whether the parties can waive their right to seek judicial review of the arbitrator’s decisionYes, the parties to an arbitration in Bangladesh can agree to waive their right to seek judicial review of the arbitrator’s decision. This is known as an “arbitration agreement.”
What is the role of the Bangladesh International Arbitration Centre (BIAC) in the arbitration process?
The function of the BIAC in the arbitration process in Bangladesh
The BIAC is a non-profit organization that provides administrative support for arbitration proceedings in Bangladesh. This includes appointing arbitrators
Are you planning to do arbitration or looking for alternative dispute resolution remedies in Bangladesh?
Tahmidur Rahman Remura Wahid TRW is a full-service law firm that has been dealing with arbitration consisting of a wide range of topics at both international and local level. We have barristers that have specialised in international commercial arbitration from the United Kingdom and accredited civil-commercial mediators.
If you require any assistance or consultation, please visit our office or contact us at +8801779127165 or +8801847220062 (WhatsApp) or by email- info@trfirm.com.
E-mail: info@trfirm.com Phone: +8801847220062 or +8801779127165 or +8801708080817
Address: House 410, Road 29, Mohakhali DOHS, Dhaka 1206
Sending a legal notice in Bangladesh is a formal way to initiate a legal process and can be an important step in resolving a dispute.
At common law, notice is the fundamental principle in service of process. In this case, the service of process puts the defendant “on notice” of the allegations contained within the complaint, or other such pleading. Since notice is fundamental, a court may rule a pleading defective if it does not put the defendant on notice.
In a civil case, personal jurisdiction over a defendant is obtained by service of a summons. Service can be accomplished by personal delivery of the summons or subpoena to the individual or the individual’s authorized agent. Service may also be made by substituted means; for instance, in many jurisdictions, a summons may be served on a person of suitable age and discretion at the defendant’s residence or place of business. Typically, jurisdiction over corporations can be obtained from a government entity authorized to accept such process.
Here is a guide on how to send a legal notice in Bangladesh:
Determine the appropriate recipient:
The first step in sending a legal notice is to determine the appropriate recipient. This could be an individual or a company, depending on the nature of the dispute. Be sure to include their full name and contact information. If you are unsure who the appropriate recipient is, you may need to do some research or seek the guidance of a lawyer.
Identify the cause of action:
In the legal notice, you will need to clearly identify the cause of action, or the legal basis for your claim. This could be breach of contract, defamation, or another legal issue. It’s important to be specific and to provide details about how the other party has violated your rights.
Set out the facts of the case:
In the legal notice, you should set out the facts of the case in a clear and concise manner. This should include a timeline of events and any relevant documentation or evidence. Be sure to include dates, names, and other specific details to support your case.
Demand a resolution:
In the legal notice, you should demand a resolution to the dispute. This could involve asking for compensation, a change in behavior, or some other form of remedy. Be specific in your demands and provide a timeline for action to be taken.
Choose an appropriate mode of delivery:
There are several options for delivering a legal notice in Bangladesh. You can send it by registered post, deliver it in person, or send it through a process server. Choose the option that is most appropriate for your situation. For example, if the recipient is likely to ignore or refuse delivery of the notice, using a process server may be a more effective option.
Keep a copy of the legal notice:
It’s important to keep a copy of the legal notice, as you may need to refer to it in the future. This could include keeping a copy of the notice itself, as well as any receipts or other documentation related to its delivery.
Consider hiring a lawyer:
Depending on the complexity of your case, you may want to consider hiring a lawyer to assist with the process of sending a legal notice. A lawyer can help you draft the notice, ensure that it is properly served, and advise you on your legal options. They can also represent you in court if the dispute is not resolved through the legal notice process.
Follow up:
The follow-up step is important because it allows you to ensure that the legal notice has been received and that the recipient is taking steps to resolve the dispute. If the recipient does not respond or does not take appropriate action, you may need to consider your next steps, which could include filing a lawsuit or seeking the assistance of a mediator or arbitrator.
FAQs about sending a legal notice in Bangladesh:
here is a table with 15 frequently asked questions (FAQs) about sending a legal notice in Bangladesh:
FAQ
Answer
Who can send a legal notice in Bangladesh?
Any individual or company with a legal claim or complaint can send a legal notice in Bangladesh.
Who is the recipient of a legal notice in Bangladesh?
The recipient of a legal notice in Bangladesh is the person or company against whom the legal claim is being made.
What is the purpose of a legal notice in Bangladesh?
A legal notice in Bangladesh should include the name and contact information of the recipient, the cause of action, the facts of the case, and the demands for resolution. You may want to consider seeking the assistance of a lawyer to draft the notice.
How do I deliver a legal notice in Bangladesh?
A legal notice in Bangladesh can be delivered by registered post, in person, or through a process server. Choose the option that is most appropriate for your situation.
What should I do if the recipient does not respond to the legal notice in Bangladesh?
If the recipient does not respond to the legal notice in Bangladesh or does not take appropriate action to resolve the dispute, you may need to consider your next steps. This could include filing a lawsuit or seeking the assistance of a mediator or arbitrator.
Is it necessary to hire a lawyer to send a legal notice in Bangladesh?
It is not necessarily necessary to hire a lawyer to send a legal notice in Bangladesh, but it may be advisable depending on the complexity of your case. A lawyer can help you draft the notice, ensure that it is properly served, and advise you on your legal options.
Can I send a legal notice in Bangladesh through email?
It is possible to send a legal notice in Bangladesh through email, but it is generally not recommended as it may not be considered a formal or legally binding method of delivery. Registered post or personal delivery is generally considered a more reliable option.
How long do I have to send a legal notice in Bangladesh after a dispute arises?
There is no set time limit for sending a legal notice in Bangladesh after a dispute arises, but it is generally advisable to act promptly in order to protect your rights.
Can I send a legal notice in Bangladesh if the dispute is with a government agency?
Yes, you can send a legal notice in Bangladesh if the dispute is with a government agency. However, the process may be slightly different and you may need to follow specific procedures for dealing with government entities.
Can a legal notice in Bangladesh be sent anonymously?
It is generally not possible to send a legal notice in Bangladesh anonymously. The notice must be sent by an individual or company with a legal claim or complaint, and the recipient has the right to know who is making the claim.
Can a legal notice in Bangladesh be withdrawn once it has been sent?
It is generally not possible to withdraw a legal notice in Bangladesh once it has been sent. Once the notice has been delivered, the legal process has been initiated and it is up to the recipient to take appropriate action to resolve the dispute.
Is a legal notice in Bangladesh the same as a lawsuit?
A legal notice in Bangladesh is not the same as a lawsuit. It is a formal way to initiate a legal process and to demand a resolution to a dispute, but it does not necessarily lead to a lawsuit.
Summary of sending a legal notice in Bangladesh with tips
Step
Description
Tips
1
Determine the appropriate recipient
Be sure to include their full name and contact information
2
Identify the cause of action
Be specific and provide details about how the other party has violated your rights
3
Set out the facts of the case
Include dates, names, and other specific details to support your case
4
Demand a resolution
Be specific in your demands and provide a timeline for action to be taken
5
Choose an appropriate mode of delivery
Consider using a process server if the recipient is likely to ignore or refuse delivery of the notice
6
Keep a copy of the legal notice
This includes keeping a copy of the notice itself, as well as any receipts or other documentation related to its delivery
7
Consider hiring a lawyer
A lawyer can help you draft the notice, ensure that it is properly served, and advise you on your legal options
8
Follow up if necessary
If the recipient does not respond or does not take appropriate action, you may need to consider your next steps, such as filing a lawsuit or seeking the assistance of a mediator or arbitrator
Reply to a legal notice in Bangladesh:
Here are the steps to respond to a legal notice in Bangladesh in more detail:
Read the notice carefully:
Take the time to carefully read and understand the legal notice you have received. Pay attention to the specific allegations or requests made in the notice, as well as any deadlines or instructions for responding.
Seek legal advice:
It is highly recommended that you seek legal advice from a lawyer in Bangladesh to help you understand your rights and obligations in relation to the legal notice. A lawyer can also help you to determine your position on the legal issue and to prepare a written response to the notice.
Determine your position:
After seeking legal advice, consider your position on the legal issue raised in the notice. Determine whether you agree with the allegations made against you and whether you are willing to comply with any requests made in the notice. If you do not agree with the allegations or requests, consider what arguments or evidence you can present to support your position.
Prepare your response:
Based on your position, prepare a written response to the legal notice. This response should outline your position on the legal issue and any relevant facts or arguments in support of your position. Be sure to address all of the issues raised in the notice.
File your response with the appropriate court or tribunal:
If the legal notice was issued by a court or tribunal, you will need to file your response with that court or tribunal. This typically involves submitting a written response, along with any supporting documents or evidence, to the court or tribunal. If the legal notice was issued by a private party, you will need to serve your response on the party that issued the notice. This can typically be done by delivering a copy of your response to the party or by sending it by registered mail.
Follow any additional instructions or deadlines:
Make sure you follow any additional instructions or deadlines set out in the legal notice, such as appearing in court or providing additional information. If you fail to follow these instructions or meet these deadlines, you may face additional legal consequences.
I hope this helps! Again, please note that this is general advice and may not apply to your specific situation. It is always best to seek legal advice from a qualified lawyer in Bangladesh.
Legal notices are extremely efficient at resolving disputes between two or more parties. Consult a lawyer or another expert who is well-versed in legal jargon for assistance. If you believe you can write on your own, you should first learn how to draft a legal notice and then have an expert perform the final proofreading.
It will assist you in eliminating all superfluous statements from your legal notice. Ensure that you send the legal information as your initial warning to resolve the conflicts. In addition, include a specific timeline. If you continue to receive no positive response from the other party, the case must be brought to court for a final decision. It could be extremely time-consuming and expensive.
Therefore, the first step in resolving the case is to send an effective legal notice. Ensure you are on the right path by conducting a thorough examination of the format and other requirements outlined in this article.
Legal Advice regarding sending legal notices by Tahmidur Rahman Remura:
Barristers, Advocates, and lawyers at Tahmidur Rahman Remura Wahid in Gulshan, Dhaka, Bangladesh, have a lot of experience helping clients through the whole process of legal provisions and consequences of sending legal notices by any Domestic and International Companies or individuals in Bangladesh. If you have any questions or need legal help, please send us an inquiry over email or phone.
Email at: info@trfirm.com Call us on: +8801847220062, +8801779127165 Address: House 410, Road 29, Mohakhali DOHS Phone: +8801779127165 or 01847220062
Bangladesh is home to a thriving legal profession, with many talented and dedicated lawyers working to serve the needs of clients across the country. In this article, we will take a closer look at some of the top lawyers in Bangladesh, highlighting their skills, experience, and accomplishments in the field which makes them as the contender for being the best lawyers in Bangladesh.
There are several qualities that can make a lawyer a top lawyer in their respective field in Bangladesh. These include:
Strong analytical and problem-solving skills: Top lawyers are able to analyze complex legal issues and come up with creative solutions.
Excellent communication and negotiation skills: A top lawyer must be able to effectively communicate and persuade others, including clients, judges, and opposing counsel.
Attention to detail: A top lawyer must have a keen eye for detail and be able to spot important issues that might otherwise be overlooked.
Strong research skills: A top lawyer must be able to effectively research legal issues and find relevant case law and statutes.
Ethical conduct: A top lawyer must always act with integrity and adhere to the highest ethical standards.
Adaptability: A top lawyer must be able to adapt to new situations and environments, as well as be open to learning and improving their skills.
Professionalism: A top lawyer must be professional in their demeanor and conduct, both in and out of the courtroom.
Perseverance: A top lawyer must be able to handle setbacks and challenges and continue to work hard to achieve their goals.
Corporate law is an important and complex area of the law that deals with the legal aspects of businesses, including the formation, operation, and dissolution of companies. In Bangladesh, there are many talented and experienced corporate lawyers who are dedicated to helping clients navigate the legal landscape and achieve their business goals.
Barrister Remura Mahbub
One of the best corporate lawyers in Bangladesh is Barrister Remura Mahbub , who has excelled over the last couple of years in the corporate legal sector in Bangladesh. Barrister Remura, who is also known as Barrister Remura Mahbub , is revered for her expertise in commercial and corporate law, and has successfully represented clients in a wide range of legal matters, including contract disputes, intellectual property cases, and mergers and acquisitions. Remura Mahbub is highly respected in the legal community for her professionalism, integrity, and dedication to his clients.
Remura Mahbub handles commercial (including mergers and acquisitions), banking, and company law problems. Remura Wahid advises clients in the areas of gas and oil exploration, power production and telecommunications, foreign investment, joint ventures, and other contractual and business concerns. Remura Wahid is actively engaged in banking law and corporate finance activity, including the creation of documentation for a variety of syndicated loans.
Remura Wahid has become one of the best lawyers in Bangladesh by performing a significant amount of advising work for corporate customers in the areas of contract negotiation and review, international trade, banking laws, corporate compliance, joint venture agreements, corporate finance arrangements, company formation, securitization, and taxation.
Barrister Tahmidur Rahman
Another top corporate lawyer in Bangladesh is Barrister Tahmidur Rahman, who has a reputation for providing exceptional legal representation to businesses of all sizes. Barrister Tahmidur has a deep understanding of corporate law and has successfully assisted clients in a variety of legal matters, including corporate restructuring, joint ventures, and corporate governance. Tahmidur Rahman is known for his ability to provide practical and effective legal solutions that help businesses succeed.
Tahmidur Rahman being one of the best lawyers in Bangladesh, has been involved in numerous local and cross-border transactions and has worked on numerous national and international private and government projects in close collaboration with various reputable foreign law firms.
Barrister Tahmidur has diverse knowledge in handling diverse legal issues relating to banking, insurance, real estate, company, society, labor, and NGO matters, as well as specialized knowledge in cross-border transactions, M&A, structured finance, foreign finance or investments, securitisation, factoring, implementation of various ventures, equity investments including the issuance of various classes of shares, factoring, Islamic banking, dealing in bonds, i.e. Tier-I, Tie
Advocate Syed Wahid
Advocate Syed Wahid is another highly respected corporate lawyer in Bangladesh, with a strong track record of success in the field. Wahid has a wealth of experience representing clients in complex business transactions and has helped numerous companies navigate the legal landscape and achieve their business objectives. Golam is known for his attention to detail, strategic thinking, and ability to find creative solutions to legal challenges.
Advocate Shahdeen Malik
One of the best lawyers in Bangladesh is Advocate Shahdeen Malik, who has over 30 years of experience in the legal profession. Shahdeen is known for his expertise in commercial and corporate law, and has successfully represented clients in a wide range of legal matters, including contract disputes, intellectual property cases, and mergers and acquisitions. Shahdeen is highly respected in the legal community for his professionalism, integrity, and dedication to his clients.
Advocate Mydul Haque Khan
Mydul Haque Khan is a Barrister from Lincoln’s Inn in the United Kingdom and a prominent lawyer in Bangladesh’s corporate and banking arena with over 15 years of experience. Khan is a founding partner of the renowned corporate law firm Lex Juris, where he is also the senior partner and head of the chamber.
Khan has extensive knowledge of various banking, corporate, and commercial matters, including dispute resolution, and is currently working as a panel, company secretary, and retained lawyer for various scheduled and international banks, financial institutions, NGOs, insurance companies, conglomerates, merchant banks, venture capitals, and government offices.
Advocate Rasheda K.Chowdhury
Advocate Rasheda K. Chowdhury is another highly respected lawyer in Bangladesh and one of the best lawyers in Bangladesh, with a strong track record of success in the field of human rights law. Rasheda has a long history of advocating for the rights of marginalized communities and has been involved in numerous high-profile cases, including cases related to gender-based violence, child rights, and police abuse. Rasheda is widely recognized as a powerful voice for justice and equality in Bangladesh.
Khan Khalid Adnan
He is the managing partner and head of the chamber of Khan Saifur Rahman & Associates (KSRA). Adnan is also the vice principal of Newcastle Law Academy (West), a recognised teaching centre of the University of London.
He has been engaged with banks and financial institutions and autonomous government bodies as their legal adviser, panel lawyer and counsel. He has also successfully worked extensively in domestic and international commercial arbitration and mediation. He is a regular contributor in several dailies and law journals.
Imtiaz Uddin Asif
Asif has advised corporate clients on contract negotiation and review, international trade, banking regulations, corporate compliance, joint venture agreements, corporate finance arrangements, establishing companies, securitisation, and taxation. Asif has extensive litigation and arbitration experience, as well as a substantial legal practice in the Supreme Court of Bangladesh’s High Court Division.
Shamsud Doulah
Shamsud Doulah is a well-known corporate and commercial litigation lawyer in Bangladesh. Numerous local and international businesses are among his clients. His strong reputation in litigation and corporate matters has earned him the respect of multinational corporations and cross-border law firms. He has extensive experience negotiating large-scale construction contracts and public-sector contracts. Doulah is widely regarded as the region’s best IP lawyers or one of the best IP lawyers in Bangladesh.
Barrister Saqeb Mahbub
He began his career at Huq and Company, a leading name in dispute resolution, before joining Mahbub & Company in 2013. He has been a catalyst for transformation at the firm, particularly in the corporate and commercial practice. Saqeb Mahbub is in charge of nearly all of the firm’s high-stakes commercial arbitration matters, as well as its corporate and M&A work. He has helped the firm make significant inroads into the foreign investment and technology M&A markets.
These are just a few examples of the many talented and dedicated lawyers in Bangladesh, and there are many others who are making a positive impact in the legal profession. Whether you are seeking legal representation for a personal matter or for your business, it is important to choose a lawyer who has the experience and expertise to provide the best possible representation.
Here is a table featuring the names and locations of ten law firms in Bangladesh:
Firm Name
Location
Tahmidur Rahman Remura Wahid Associates
Dhaka & Chittagong
Rahman Associates
Dhaka
FM Associates
Dhaka
Arastu & Company
Chittagong
B.M. Mustafa & Company
Dhaka
Chowdhury & Company
Dhaka
D.M. & Company
Dhaka
Farooq Hossain & Associates
Dhaka
Hasan & Company
Dhaka
J.B. Rahman & Associates
Dhaka
Please note that this is a general list and is not intended to be exhaustive or to endorse any particular firm. It is advisable to research and evaluate the qualifications and experience of any law firm you are considering hiring to ensure that they are the best fit for your needs.
Here are ten frequently asked questions about law firms in Bangladesh:
What is a law firm?
A law firm is a business entity formed by one or more lawyers to practice law together. Law firms can vary in size, from small solo practices to large multi-national firms.
How are law firms structured in Bangladesh?
In Bangladesh, law firms can be structured as partnerships, in which the partners share profits and responsibilities, or as sole proprietorships, in which the lawyer owns and operates the firm alone.
Law firms in Bangladesh offer a wide range of legal services to clients, including advice and representation in matters such as criminal defense, civil litigation, corporate law, and family law.
How do I choose a law firm in Bangladesh?
When choosing a law firm in Bangladesh, it is important to consider factors such as the firm’s reputation, experience, and areas of practice. You should also consider whether the firm’s lawyers are members of the local bar association or any other professional organizations.
Some law firms in Bangladesh may offer free initial consultations to potential clients, while others may charge a fee for this service. It is advisable to ask about fees and payment policies before scheduling a consultation.
Can I choose a law firm based on location?
Yes, you can choose a law firm based on location if it is convenient for you to visit the firm in person. However, keep in mind that many law firms in Bangladesh offer virtual consultations and may be able to represent clients remotely if necessary.
How do law firms in Bangladesh charge for their services?
Law firms in Bangladesh typically charge for their services on an hourly basis or through a flat fee structure. Some firms may also offer contingency fee arrangements, in which the lawyer is paid a percentage of any settlement or award obtained for the client.
Can I switch law firms if I am not satisfied with the representation I am receiving?
Yes, you have the right to switch law firms if you are not satisfied with the representation you are receiving. However, you should carefully consider the consequences of changing firms, including any potential impact on your case and the cost of switching firms.
Yes, law firms in Bangladesh can represent clients in other countries, depending on the specific laws and regulations in those countries and the firm’s areas of practice. It is advisable to discuss your legal needs with the firm to determine if they are able to assist you.
How can I find a law firm in Bangladesh that specializes in a particular area of law?
You can find a law firm in Bangladesh that specializes in a particular area of law by searching online directories or contacting the local bar association or legal professional organization. You can also ask for recommendations from other professionals or friends who have experience with law firms in Bangladesh.
Additionally You can find the other lawyers in Bangladesh from respective wiki pages:
