When a party to a contract fails to perform their obligations, the aggrieved party can seek legal remedies through the courts. In Bangladesh, contract enforcement and money suits (suits for recovery of money) are governed by the Contract Act 1872, the Specific Relief Act 1877, and the Code of Civil Procedure 1908. TRW — Tahmidur Rahman Remura Wahid Law Associates handles contract enforcement and money recovery cases with expertise and efficiency.
Legal Framework for Contract Enforcement
The Contract Act 1872 is the primary legislation governing contracts in Bangladesh. It defines the elements of a valid contract (offer, acceptance, consideration, capacity, free consent, lawful object) and provides remedies for breach. The Specific Relief Act 1877 provides for specific performance of contracts (where damages are not an adequate remedy) and for injunctions to prevent breach of contract. The Limitation Act 1908 prescribes a 6-year limitation period for suits on contracts.
TRW advises on the strength of the contract, the nature of the breach, and the most appropriate legal remedy — whether damages, specific performance, or injunction.
Money Suits: Recovering Debts
A money suit is a civil suit for the recovery of a specific sum of money. Money suits are filed before the civil court with appropriate pecuniary jurisdiction. TRW files money suits for: recovery of loan amounts; recovery of unpaid invoices; recovery of security deposits; recovery of advance payments; and recovery of any other debt. TRW also applies for a temporary injunction to prevent the defendant from dissipating assets pending the judgment.
The Artha Rin Adalat Ain 2003 (Money Loan Court Act) provides a special fast-track procedure for recovery of bank loans. TRW handles Artha Rin cases before the Artha Rin Adalat (Money Loan Court). See our guide on Artha Rin cases in Bangladesh.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's commercial litigation team handle contract enforcement and money suits across Bangladesh. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is the limitation period for a money suit in Bangladesh?
A: Generally 6 years from the date the debt became due.
Q: Can I get an injunction to freeze the defendant's assets before judgment?
A: Yes. TRW can apply for a temporary injunction (Mareva-type order) to prevent the defendant from dissipating assets.
Q: What is specific performance?
A: Specific performance is a court order compelling a party to perform their contractual obligations. It is available where damages are not an adequate remedy.
