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.
