Injunctions and Status Quo Litigation in Bangladesh: A Comprehensive Guide by TRW Law Firm

Introduction to Injunctions and Status Quo Orders in Bangladesh

In the legal landscape of Bangladesh, injunctions play a crucial role in preventing harm or preserving rights while a legal dispute is ongoing. Status quo litigation refers to cases where courts issue orders to maintain the current state of affairs between the parties until the final resolution of the matter. These legal remedies are essential in protecting the interests of individuals, businesses, and organizations involved in disputes related to property, contracts, intellectual property, and corporate conflicts.

As one of the leading law firms in Bangladesh, TRW Law Firm has extensive experience in handling injunction and status quo litigation, representing clients before the District Courts, High Court Division, and the Appellate Division of the Supreme Court of Bangladesh. This article provides an in-depth analysis of injunctions, status quo orders, their types, legal framework, procedures, enforcement, and real-life case studies.

Legal Framework for Injunctions in Bangladesh

The primary laws governing injunctions and status quo orders in Bangladesh include:

✅ The Code of Civil Procedure, 1908 (CPC) – Sections 94, 95, and 151 provide courts with the power to issue injunctions. Order XXXIX Rules 1 & 2 explicitly govern temporary injunctions.
✅ The Specific Relief Act, 1877 – Covers permanent injunctions and situations where specific relief can be granted.
✅ The Contract Act, 1872 – Relevant in cases involving breach of contracts where injunctions are necessary.
✅ The Transfer of Property Act, 1882 – Addresses injunctions in property disputes.
✅ The Companies Act, 1994 – Governs injunctions in corporate litigation, including shareholder disputes and boardroom conflicts.
✅ The Trademarks Act, 2009 & The Copyright Act, 2000 – Provide for injunctions in intellectual property disputes.

Types of Injunctions in Bangladesh

1️⃣ Temporary Injunctions

Temporary injunctions are granted before the final judgment to maintain the existing state of affairs and prevent irreparable harm.

When is a Temporary Injunction Granted?

✔ Prima Facie Case: The applicant must show a strong case in their favor.
✔ Irreparable Loss or Injury: Harm that cannot be compensated by damages.
✔ Balance of Convenience: The court considers which party would suffer more harm without an injunction.

Examples of Temporary Injunctions:

📌 Stopping unauthorized construction on disputed land.
📌 Preventing misuse of intellectual property.
📌 Restricting a company from transferring shares pending litigation.

2️⃣ Permanent Injunctions

A permanent injunction is issued as part of the final judgment when the plaintiff proves that monetary compensation is inadequate relief.

Common Cases for Permanent Injunctions:

📌 Restricting illegal encroachments on private property.
📌 Preventing breach of contract by a party.
📌 Stopping continuous infringement of a trademark.

3️⃣ Status Quo Orders

Status quo orders maintain the existing conditions between parties to prevent unilateral changes that could prejudice one party.

Common Examples of Status Quo Orders:

📌 Halting changes in company directorship during disputes.
📌 Freezing bank accounts in financial disputes.
📌 Preventing eviction in tenancy disputes until final resolution.

Procedure for Obtaining an Injunction in Bangladesh

Step 1: Filing an Application

The plaintiff must file a petition for an injunction in the relevant court, clearly stating:
✔ The grounds for injunction and potential harm.
✔ Supporting documents and affidavits.
✔ Legal provisions supporting the application.

Step 2: Court Hearing and Show-Cause Notice

The court may issue a show-cause notice to the opposing party and schedule a hearing.

Step 3: Interim Order (Ex-Parte Injunctions in Urgent Cases)

If the case is urgent, the court may grant an ex-parte injunction (without hearing the other party) to prevent irreparable harm.

Step 4: Opposing Party’s Response

The opposing party can challenge the injunction by filing a reply with evidence.

Step 5: Final Decision

After hearing both parties, the court grants or denies the injunction.

Consequences of Violating an Injunction

Violating an injunction is a serious legal offense in Bangladesh. Courts may impose:
✔ Contempt of court proceedings.
✔ Fines or imprisonment for non-compliance.
✔ Seizure of assets or property to enforce compliance.
✔ Cancellation of business licenses in corporate disputes.

Case Studies of Injunctions in Bangladesh

Case Study 1: Property Dispute Injunction

A landowner filed an injunction against an illegal encroachment by a real estate company. TRW Law Firm successfully secured an interim injunction, preventing construction on the disputed land until the matter was resolved in court.

Case Study 2: Corporate Litigation Injunction

A shareholder dispute arose regarding the appointment of directors in a private company. TRW Law Firm obtained a status quo order, preventing any changes in the company’s management structure until the High Court’s final verdict.

Case Study 3: Intellectual Property Dispute Injunction

A global brand faced trademark infringement in Bangladesh. TRW Law Firm filed an injunction, leading to a court order preventing further use of the infringing mark and compensating the client for damages.

Why Choose TRW Law Firm for Injunction Litigation?

🔹 Experienced Legal Team – Years of expertise in securing injunctions and handling litigation.
🔹 Rapid Legal Action – Immediate filing and representation in urgent cases.
🔹 Comprehensive Legal Support – Full-service approach covering corporate, civil, and IP injunctions.
🔹 Proven Track Record – Successful outcomes in complex injunction cases.

FAQs on Injunctions in Bangladesh

1. How long does it take to get an injunction in Bangladesh?

The timeline varies, but urgent ex-parte injunctions can be obtained within 24-72 hours, while standard injunctions take a few weeks to months.

2. Can an injunction be appealed?

Yes. An aggrieved party can file an appeal to the High Court Division challenging the injunction order.

3. Can an injunction be modified or vacated?

Yes. If circumstances change, the affected party can file a motion to modify or vacate the injunction.

4. What are the costs of filing for an injunction?

Costs depend on court fees, legal representation, and case complexity. TRW Law Firm provides competitive pricing for clients seeking injunctions.

Contact TRW Law Firm for Injunction & Status Quo Litigation

📞 Phone Numbers:
+8801708000660
+8801847220062
+8801708080817

📧 Emails:
info@trfirm.com
info@trwbd.com
info@tahmidur.com

📍 Global Offices:
🏢 Dhaka: House 410, Road 29, Mohakhali DOHS
🏢 Dubai: Rolex Building, L-12 Sheikh Zayed Road