PRACTICE AREAS
General information about practice
S Hossain & Associates is a full service law firm in Bangladesh. The legal Practice of S Hossain & Associates covers a vast area of legal arena. The traditional concept of seeing a lawyer in front of the Court room before your case is heard by a Judge has been changing rapidly and now the service of legal counsel in Bangladesh is available in many fields of your life. A lawyer in Bangladesh is your adviser who owns you a fiduciary duty and often an appointment with a lawyer and taking his legal opinion can save you from complex future litigation. For example if you vet/check property documents with a lawyer before buying a property you have greater chance of purchasing a hassle free property as the lawyer knows land law of Bangladesh, in succession if you take advise from a lawyer in Bangladesh you may be saved from family quarrels, in divorce issues advise from a lawyer is very necessary and so on.
As a law firm in Bangladesh we provide our services in the following sectors
Litigation
Although no one wants to face any case or litigation be that Criminal or Civil in nature but Litigations are the real fact of life for millions of people in Bangladesh. High Court cases can be lengthy in Bangladesh but effective legal service and appearance in court by Barristers and Advocates from S Hossain & Associates would certainly be very effective for you. We guarantee upmost sincerity and up to date legal knowledge to argue your case in any Courts and Tribunals in Bangladesh. We have already conducted Criminal cases in Chief Metropolitan Magistrate Court, Sessions Court and High Court Division of the Supreme Court of Bangladesh. We conduct Bail petitions in any court in Bangladesh. S Hossain & Associates Head of Chambers Barrister Md Sanwar HOSSAIN appears in the Supreme Court of Bangladesh regularly in Civil, Criminal, Writ, Company matters. S Hossain & Associates law firm in Bangladesh is expert in bail hearing, anticipatory bail hearing, filling Writ petition in RAJUK , Eviction, service matters, Public procurement and tender issues etc. We have successfully conducted cases in chamber court of Appellate Division and full bench of Appellate Division along with our Senior Counsel. In litigation we have experience in filling CR case / petition case in CMM and CJM (Magistrate) court, conducting trials in CMM court and in Sessions court. We have vast experience in conducting cases in Artha Rin Adalat court, Nari o Shishu Nirjatan Daman Tribunal. We have experience in conducting succession case, Title suits, injunction hearing etc in Civil Courts. We conduct cases in other areas of Bangladesh as well.
Litigation Practice in Bangladesh: An Overview
Litigation in Bangladesh refers to the process of resolving disputes through legal proceedings in courts. The legal system in Bangladesh is based on common law principles inherited from the British colonial era. The country's judiciary plays a critical role in the litigation process, with cases being heard in a hierarchical system of courts, from the lower courts to the highest court of the land, the Appellate Division of the Supreme Court of Bangladesh. Here's a broad overview of how litigation practice works in Bangladesh:
1. Judicial Structure
Bangladesh has a well-established judicial system with distinct court levels handling different types of cases.A. Lower Courts
- Civil Courts: Deal with civil matters like property disputes, contracts, family law, etc.
- Criminal Courts: Deal with criminal offenses.
- Specialized Courts: These include family courts, labor courts, and land courts, which have jurisdiction over specific matters.
B. District Court
The district court has both civil and criminal jurisdiction and is the primary court for most cases at the first level. Each district has its own district court, where civil and criminal cases are filed and heard initially.C. High Court Division (Supreme Court)
The High Court Division of the Supreme Court of Bangladesh serves as both an appellate and original court for certain matters. It deals with significant constitutional issues, writ petitions, and appeals from lower courts.D. Appellate Division (Supreme Court)
The Appellate Division is the highest court of appeal in Bangladesh. It hears appeals from the High Court Division and the lower courts. It also has the power to review cases, issue guidelines, and even provide advisory opinions on important legal matters.2. Types of Cases in Litigation
A. Civil Litigation
Civil cases in Bangladesh can involve a variety of legal matters, including:- Contract disputes
- Torts (e.g., negligence)
- Family law matters (divorce, maintenance, custody)
- Property disputes
- Inheritance and probate issues
B. Criminal Litigation
Criminal cases are initiated by the state against individuals or entities accused of committing crimes. This can include:- Offenses under the Penal Code (e.g., murder, theft, fraud)
- Corruption charges (under the Anti-Corruption Commission)
- Terrorism and organized crime
C. Constitutional Litigation
The Constitution of Bangladesh provides for fundamental rights, and cases involving violations of constitutional rights may be brought before the High Court Division through writ petitions. Examples of constitutional litigation include cases involving:- Fundamental rights violations
- State actions inconsistent with the Constitution
- Judicial review of laws and executive orders
3. Key Procedures in Litigation
A. Filing a Case
To initiate a lawsuit, the plaintiff or complainant files a petition or suit in the appropriate court. In civil cases, the plaintiff files a plaint; in criminal cases, the First Information Report (FIR) is filed with the police.B. Court Proceedings
- Preliminary Hearing: Courts usually conduct a preliminary hearing to determine whether the case is fit to proceed.
- Mediation/Settlement: Courts in Bangladesh often encourage parties to mediate and settle disputes amicably before trial. Some courts have dedicated mediation units.
- Evidence Presentation: Both parties present their arguments and evidence (documents, testimonies, expert opinions).
- Cross-Examination: Witnesses are cross-examined by the opposing party.
C. Judgments and Appeals
- Trial Court Judgment: After reviewing evidence and hearing arguments, the court issues a judgment.
- Appeals: If a party is dissatisfied with the judgment, they can appeal to a higher court (typically the High Court Division). Further appeals can be made to the Appellate Division of the Supreme Court.
4. Important Legislation in Bangladesh
Several important laws and regulations govern litigation in Bangladesh. Key pieces of legislation include:- Code of Civil Procedure (CPC): Governs the procedure for civil lawsuits.
- Code of Criminal Procedure (CrPC): Outlines the procedure for criminal investigations and trials.
- Penal Code (1860): Defines criminal offenses and punishments.
- Constitution of Bangladesh (1972): Governs fundamental rights, duties, and powers of the state and citizens.
- The Arbitration Act (2001): Provides for the settlement of disputes outside the courts.
- The Companies Act (1994): Governs corporate litigation matters in Bangladesh.
5. Role of Lawyers and Legal Practitioners
A. Advocates
Advocates, or lawyers, play an essential role in litigation. To represent clients in Bangladesh, lawyers must be admitted to the Bangladesh Bar Council. They are responsible for:- Filing suits and petitions on behalf of their clients.
- Representing clients in court hearings and trials.
- Providing legal advice on various issues, including civil, criminal, and constitutional matters.
B. Types of Legal Practitioners
- Junior Lawyers: Often starting out in litigation, they assist senior lawyers and may handle smaller cases or procedural work.
- Senior Lawyers: With extensive experience, they take on complex cases and represent clients in higher courts.
C. Alternative Dispute Resolution (ADR)
Litigants may seek mediation, arbitration, or negotiation as alternatives to traditional litigation. The Arbitration Act, 2001 and the Alternative Dispute Resolution Rules, 2016 encourage out-of-court settlements in Bangladesh.6. Challenges in the Litigation System
- Backlog of Cases: One of the major challenges in the litigation process in Bangladesh is the backlog of cases, leading to significant delays in justice delivery.
- Corruption and Influence: While the judiciary is generally independent, issues like corruption and political influence can impact the speed and fairness of trials.
- Lack of Infrastructure: Many courts in Bangladesh face infrastructural challenges, including inadequate resources, which affects the efficiency of the legal process.
- Access to Justice: Legal aid is available in certain cases, but access to justice for the economically disadvantaged remains an issue.
7. Recent Reforms and Developments
In recent years, Bangladesh has made efforts to reform its litigation and judicial processes:- E-Filing and Digitalization: The introduction of e-filing and digital platforms has been part of efforts to modernize and speed up the judicial process.
- Judicial Training: There are ongoing efforts to improve judicial training and legal education to enhance the quality of decisions.
Conclusion
Litigation practice in Bangladesh is deeply rooted in its common law system, with significant influences from the British legal tradition. The judicial system handles a diverse range of cases, from civil disputes to criminal prosecutions and constitutional matters. While challenges like case backlogs and access to justice remain, there have been ongoing efforts to improve the system through legal reforms and the promotion of alternative dispute resolution mechanisms.Immigration
We S Hossain & Associates have vast experience in advising and processing F4, IR2 family immigration applications of USA for spouse, children, step children, brothers and sisters and parents. We can help in responding to RFE letters from USCIS. We also provide supports in related matters like preparing affidavit , birth certificate, correction in passport and other ID’s. We have vast experience in drafting and filling schengen Visa appeals. We also assist in Entrepreneurship and Investment Visa application in Canada for Bangladeshi citizens. During immigration process people face different issues such as mismatch in spelling of name and parents name, wrong date of birth in passport/ educational certificate. Sometimes serious lapses are found in kabin nama or talaq certificate which can jeopardize any immigration application made by spouses living abroad to bring their spose from Bangladesh. From our last 15 years experience and well established connection in different Government offices we can assist in those critical problems to take ahead your immigration applications.
Immigration to the USA from Bangladesh: Trends, Challenges, and Opportunities
The United States has long been a popular destination for immigrants from around the world, including Bangladesh. As one of the fastest-growing immigrant groups in the U.S., Bangladeshi immigrants have significantly contributed to the cultural, social, and economic fabric of the country. With growing numbers, the trends, challenges, and opportunities surrounding immigration to the U.S. from Bangladesh continue to evolve, reflecting broader shifts in global migration patterns.
Historical Context of Bangladeshi Immigration to the USA
Bangladeshi immigration to the U.S. began in earnest in the mid-20th century, though there were some early migrants in the 19th and early 20th centuries. However, it was after the U.S. Immigration and Nationality Act of 1965, which abolished national quotas, that migration from countries like Bangladesh significantly increased. The law allowed more individuals from non-European countries to immigrate, and Bangladesh, which had gained independence from Pakistan in 1971, was among the countries that saw greater migration opportunities. The Bangladeshi immigrant population in the U.S. grew steadily from the 1970s onward. By the early 21st century, migration became increasingly driven by family reunification, educational opportunities, and economic betterment.Current Trends in Bangladeshi Immigration
Today, Bangladeshi immigrants are one of the fastest-growing immigrant groups in the U.S. According to the U.S. Census Bureau, the Bangladeshi population in the U.S. has increased significantly since the 1990s, with over 600,000 Bangladeshi-Americans living in the country as of 2020. The majority of Bangladeshi immigrants reside in urban areas, particularly in New York City, where the largest concentration of Bangladeshi-Americans is found in neighborhoods like Queens and Brooklyn. Other cities with significant Bangladeshi populations include Chicago, Houston, and Washington, D.C. A large portion of the Bangladeshi immigrant community in the U.S. consists of younger individuals and families seeking better economic opportunities. Many arrive on student or work visas, especially in fields like technology, healthcare, and business. In recent years, there has been a rise in the number of Bangladeshi entrepreneurs, with many opening small businesses, especially in the food and retail sectors.Routes of Immigration
The pathways through which Bangladeshis migrate to the U.S. are diverse, reflecting both personal and professional aspirations. These include:- Family Reunification: Like many other immigrant groups, family reunification plays a significant role in Bangladeshi immigration. U.S. citizens and permanent residents can sponsor relatives for green cards, allowing for family members to join them in the U.S. This process often takes many years due to the long waiting times for certain categories of family-based visas.
- Educational Visas: Many young Bangladeshi students come to the U.S. on F-1 student visas to pursue higher education. The U.S. is home to some of the world's most prestigious universities, and many Bangladeshis seek opportunities for academic and professional advancement.
- Employment-Based Visas: The U.S. offers several visa categories for individuals seeking employment. High-skilled workers, particularly in the fields of engineering, healthcare, and information technology, often obtain H-1B visas, which allow them to work in the U.S. for a specified period. Many also transition from student visas to work visas after completing their education.
- Diversity Visa Lottery: The U.S. Diversity Visa (DV) Lottery provides an opportunity for individuals from countries with low rates of immigration to the U.S. to apply for permanent residency. Bangladeshis, among others, have participated in this lottery for a chance to secure a green card.
- Asylum and Refugee Status: While less common, some Bangladeshis migrate to the U.S. seeking asylum due to political or religious persecution. Bangladesh has experienced political instability and civil unrest over the years, prompting some individuals to flee for safety.
Challenges Faced by Bangladeshi Immigrants
While the opportunities for Bangladeshi immigrants in the U.S. are vast, there are several challenges that many face upon arrival:- Legal and Immigration Barriers: Navigating the U.S. immigration system can be difficult. Family-sponsored petitions often face long processing times, and there are backlogs in employment-based visa applications. Furthermore, changes in immigration policies and the introduction of stricter immigration laws can create uncertainties for new arrivals and existing residents.
- Cultural and Language Barriers: Many Bangladeshi immigrants arrive with limited English proficiency, which can make it harder to integrate into American society. Language barriers can affect job prospects, access to services, and overall community engagement.
- Economic Adjustment: Although many Bangladeshi immigrants are skilled workers, adjusting to the American labor market can be challenging. Recognizing foreign credentials, finding employment that matches one’s qualifications, and understanding workplace culture can take time. Many immigrants start with low-paying jobs and work their way up.
- Discrimination and Stereotyping: Some Bangladeshi immigrants, especially those from rural backgrounds, may face discrimination or prejudice in their new environment. This can be based on ethnicity, religion (Bangladesh is predominantly Muslim), or immigration status.
- Mental Health and Social Support: The process of immigration itself can take a toll on mental health. The stress of adapting to a new culture, being away from family, and facing financial difficulties can lead to anxiety, depression, and isolation. Access to mental health services and social support networks is critical but may be limited for some immigrants.
Opportunities for Bangladeshi Immigrants in the USA
Despite the challenges, Bangladeshi immigrants also experience numerous opportunities in the U.S.:- Economic Mobility: The U.S. provides a platform for economic advancement through educational and employment opportunities. Many Bangladeshi immigrants have succeeded in various fields, from healthcare and engineering to finance and technology. Entrepreneurial opportunities are also plentiful, with many starting small businesses.
- Educational Access: The U.S. offers world-class education, and many Bangladeshi immigrants value the opportunity for their children to attend American schools and universities. Higher education is viewed as a stepping stone to success, and many Bangladeshi-American families prioritize academic achievement.
- Community Support: In cities with large Bangladeshi communities, immigrants can find support through local community centers, religious institutions, and cultural organizations. These resources provide vital social services, help with acculturation, and offer a sense of belonging.
- Cultural Exchange and Growth: Immigrating to the U.S. offers Bangladeshi immigrants the chance to experience new cultures while also sharing their own. As a result, the U.S. is becoming increasingly diverse, and Bangladeshi-Americans contribute to the multicultural mosaic of the country.
Conclusion
The journey of Bangladeshi immigrants to the U.S. is one of resilience, adaptation, and growth. While challenges such as legal hurdles, cultural differences, and economic adjustments persist, the opportunities for success and upward mobility in the U.S. are significant. The growing Bangladeshi community continues to play an important role in the social and economic landscape of the U.S., contributing to the nation's diversity and strength. As global migration patterns shift and the U.S. immigration system evolves, it is clear that the relationship between Bangladesh and the U.S. will remain an important aspect of both countries' futures.Criminal Litigation
Although no one wants to face any case or litigation be that Criminal or Civil in nature but Litigations are the real fact of life for millions of people in Bangladesh. Dhaka High Court cases can be lengthy in Bangladesh but effective legal service and appearance in court by Barristers and Advocates from S Hossain & Associates would certainly be very effective for you. We guarantee upmost sincerity and up to date legal knowledge to argue your case in any Courts and Tribunals in Bangladesh. We have already conducted Criminal cases in Chief Metropolitan Magistrate Court, Sessions Court and High Court Division of the Supreme Court of Bangladesh. We conduct Bail petitions in any court in Bangladesh. S Hossain & Associates Head of Chambers Barrister Md Sanwar HOSSAIN appears in the Supreme Court of Bangladesh regularly in Civil, Criminal, Writ, Company matters. Barrister Md Sanwar HOSSAIN has appeared and conducted Criminal cases under Nari o Shishu Nirjatan Daman Ain, Bail petitions in High Court, Anticipatory Bail in High Court Division in smuggling case, Dowry Prevention case, narcotics case etc.
The Law on Bail in Bangladesh
Bail is an essential principle of criminal justice, providing individuals with the opportunity to be released from detention while awaiting trial or pending appeal. In Bangladesh, the law concerning bail is primarily governed by the Code of Criminal Procedure, 1898 (CrPC), alongside interpretations made by the Bangladesh Supreme Court and the Constitution of Bangladesh. This article provides an overview of the legal provisions, practices, and challenges associated with bail in Bangladesh.
1. Legal Framework for Bail in Bangladesh
The concept of bail in Bangladesh is derived from the common law system and is encapsulated in several legal provisions:- Code of Criminal Procedure (CrPC), 1898: Sections 496 to 498 of the CrPC govern the law on bail in Bangladesh. These provisions lay down the conditions under which a person accused of committing a crime can be granted bail.
- Constitution of Bangladesh (Article 33): This article enshrines the right to be released on bail as a fundamental right, except in cases of serious crimes like murder or offenses punishable by death or life imprisonment.
- Special Laws: Certain laws in Bangladesh have their own provisions for bail, such as the Anti-Terrorism Act, 2009 and the Narcotic Control Act, 1990. These special laws impose stricter criteria for granting bail, particularly in cases of terrorism and drug-related offenses.
2. Types of Bail
There are three main types of bail that can be granted under the laws of Bangladesh:- Regular Bail: This is granted when an accused person is arrested for an offense that is bailable. Under Section 496 of the CrPC, a person accused of a bailable offense may be released on bail as a matter of right. The bail may be granted by the police or the court, and the accused is typically required to provide a surety (guarantor) for their appearance at future court hearings.
- Anticipatory Bail: Under Section 498 of the CrPC, an accused may apply for anticipatory bail if there is a reasonable belief that they will be arrested for a non-bailable offense. If the court grants anticipatory bail, the accused is not arrested and is allowed to be free until trial.
- Conditional Bail: A court may impose conditions on the grant of bail, such as a financial bond, surrender of passports, or restriction from leaving the country. The court may also impose reporting conditions, where the accused is required to report to the police at regular intervals.
3. Bailable vs Non-Bailable Offenses
- Bailable Offenses: These are offenses for which the accused person has an automatic right to bail. For example, offenses like theft, cheating, and minor assaults are usually bailable. The court is obligated to grant bail, unless there are exceptional circumstances.
- Non-Bailable Offenses: For offenses that are considered more serious (e.g., murder, robbery, terrorism), bail is not an automatic right. In such cases, the accused person may be granted bail at the discretion of the court, depending on factors like the nature of the offense, the likelihood of the accused fleeing, or tampering with evidence, and the chances of conviction.
4. Discretionary Powers of the Court
Although bail is generally considered a right in the case of bailable offenses, the courts in Bangladesh have significant discretionary power in granting or rejecting bail, especially in non-bailable offenses. Courts consider several factors when deciding whether to grant bail:- Risk of Flight: The court may deny bail if there is a concern that the accused will flee the country or evade justice.
- Risk of Tampering with Evidence: If there is a likelihood that the accused will interfere with evidence or influence witnesses, the court may refuse bail.
- Seriousness of the Offense: The court considers the nature and gravity of the offense. In cases of heinous crimes such as murder, sexual offenses, and terrorism, bail is less likely to be granted.
- Previous Criminal Record: If the accused has a history of criminal behavior or is a repeat offender, the court may be less inclined to grant bail.
- Health and Personal Circumstances: In some cases, the court may grant bail if the accused is ill or has special personal circumstances, such as pregnancy or advanced age.
5. Procedure for Applying for Bail
- Application for Bail: A person accused of a bailable offense may apply for bail either before the police during the initial investigation or before the court after the person has been arrested and remanded. For non-bailable offenses, the accused or their lawyer may apply to the relevant court for bail.
- Hearing of Bail Applications: Bail applications are heard by the Magistrate or Sessions Court, depending on the nature of the offense. The court considers arguments from the defense and prosecution before making a decision.
- Granting Bail: If the court decides to grant bail, it will specify the terms and conditions under which the accused can be released.
6. Challenges and Controversies
While the bail system in Bangladesh is designed to uphold the principle of liberty, several challenges persist:- Overcrowding of Jails: The high number of pending cases and the prolonged detention of individuals who cannot afford bail contribute to overcrowding in prisons. Many individuals, particularly those accused of minor offenses, remain in jail simply because they cannot pay the required bail bond.
- Excessive Discretion in Granting Bail: The discretionary powers of judges in granting or denying bail, especially for non-bailable offenses, can lead to inconsistencies and perceived biases in decision-making.
- Delay in Bail Decisions: Delays in processing bail applications often lead to prolonged detentions, which can be detrimental to the rights of the accused. Prolonged remand in custody can also negatively affect an individual’s mental and physical health.
- Political and Corruption Influences: There are concerns that the bail system can be influenced by political pressures and corruption, especially in high-profile or politically sensitive cases.
7. Recent Legal Developments
In recent years, the Bangladesh Supreme Court has taken steps to address these concerns. For example:- Judicial Oversight: The judiciary has emphasized the importance of ensuring that bail decisions are made transparently and in accordance with established legal principles.
- Specialized Courts: In some cases, specialized courts have been established to handle specific types of offenses, such as terrorism or drug-related crimes, where stricter bail conditions apply.
- Legal Reforms: Discussions around reforming the bail system continue, with proposals for clearer guidelines, faster processing of bail applications, and improved legal aid for the indigent.
8. Conclusion
The law on bail in Bangladesh is framed within the context of ensuring justice while balancing the rights of the accused with the needs of public safety. While bail is seen as a right in bailable offenses, the discretion of courts in non-bailable offenses and the challenges of overcrowding and delays in the justice system remain key issues. Continued legal reform, judicial oversight, and the strengthening of the rule of law will be crucial to improving the efficiency and fairness of the bail system in Bangladesh.Banking & Finance
Banking and Finance is a very important sector in the economy of a country and at present in Bangladesh there are many banks and financial institutions. The Head of Chambers at S Hossain & associates Barrister Md Sanwar Hossain had worked as the General Counsel or Chief Law Officer of The Hongkong and Shanghai Banking Corporation (HSBC) in Bangladesh and as such is well conversant about all the aspects of banking laws and banking business. The law firm is able to take up any work for any bank or financial institutions such as providing legal opinion or vetting on any products, loan documents, merger and acquisitions, loan recovery, swap deal, drafting any instrument or any contract, HR matter of banks etc.
Divorce & Child Custody
As the lifestyle in Bangladesh is changing fast; family and marital disputes are in rise along with divorce in bangladesh. Among all other Law firm in bangladesh, S Hossain & Associates and Barrister Md Sanwar HOSSAIN is an obvious choice for you if you are facing and family disputes or you are considering the options of divorce and you need to know what happens to your children, to your home after divorce. About 8 million Bangladeshi live abroad who were married in Bangladesh under the laws of Bangladesh and often they are confused about how can they execute a divorce. We are confident that we can advise you about marriage, divorce, child custody, marriage between persons of different religions, marriage between Bangladeshi and foreigner, divorce of Bangladeshi living abroad, Divorce of persons who were Bangladeshi at the time of marriage but now have migrated and changed nationality etc.
The major laws concerning family issues in Bangladesh are:-
Muslim Family Ordinance 1961
Muslim Family Rules 1961
Muslim Marriage and Talaq Registration Act 1974
Muslim Marriage and Talaq Registration Rules 1974
Dissolutions of Muslim Marriages Act 1939
Special Marriage Act. 1872
The Divorce Act
The Guardians and Wards Act 1890
The Majority Act 1875
Domestic Violence Act 2010
The Family Court Ordinance 1985s
Divorce and Child Custody Law in Bangladesh
Divorce and child custody are sensitive and complex legal issues that have significant emotional and financial implications for families in Bangladesh. The legal framework governing divorce and child custody is influenced by personal laws based on religion, as Bangladesh is a multi-religious society with the majority of people adhering to Islam, followed by Hindus, Christians, and others. The laws are also shaped by the Constitution of Bangladesh, statutory laws, and various judicial interpretations.
1. Divorce Law in Bangladesh
The legal procedures for divorce in Bangladesh differ depending on the religion of the parties involved. The primary legal frameworks are:- Muslim Personal Law: The majority of the population in Bangladesh is Muslim, and Islamic law governs divorce for Muslim couples. Under the Muslim Family Laws Ordinance of 1961, divorce is generally categorized into Talaq (husband-initiated) and Khula (wife-initiated).
- Talaq: A Muslim husband has the right to pronounce divorce by saying "Talaq" (divorce) three times, though this process has certain formalities. The husband must issue a written notice of the divorce to the wife, and the notice must be registered with the local union council (the administrative unit).
- Khula: In cases where a wife wishes to initiate the divorce, she may seek Khula, which requires her to return the dowry (or a portion of it) to the husband. The wife can approach the court if the husband does not agree to the divorce or if there is an impasse regarding the terms of the divorce.
- Tafweez: A woman may also have the right to delegate the power of divorce to her husband under the marriage contract. This form of divorce is known as Tafweez.
- Hindu Personal Law: Hindu divorce is governed by the Hindu Marriage Registration Act, 2012, and the Hindu Marriage Act, 1955. Unlike Islamic law, divorce under Hindu law is more challenging to obtain. Divorce can only be granted by a court and requires that certain grounds such as cruelty, desertion, or adultery be proven. It is also important to note that Hindu women have limited grounds for divorce, and the process tends to be longer and more contentious.
- Christian and Other Minority Laws: For Christian marriages, divorce laws are based on the Indian Christian Marriage Act, 1872, which allows divorce under certain grounds such as adultery, cruelty, or desertion. Similarly, the Special Marriage Act of 1872 applies to interfaith couples and provides grounds for divorce that are more similar to those in Hindu law.
2. Grounds for Divorce in Bangladesh
The grounds for divorce depend on the personal laws of the parties involved. However, some common grounds across different legal systems include:- Adultery: Infidelity is a ground for divorce under both Muslim and non-Muslim laws.
- Cruelty: Physical, mental, or emotional cruelty is a ground for divorce.
- Desertion: When one party abandons the other for a specified period, divorce may be sought.
- Failure to maintain: If the husband fails to provide adequate financial support to his wife or children, divorce can be filed.
- Incompatibility: Although not always accepted by all personal laws, the concept of irreconcilable differences or incompatibility has been recognized by some courts, particularly in the case of Hindu marriages.
3. Child Custody in Bangladesh
Child custody laws in Bangladesh are also influenced by religious beliefs, with different frameworks for Muslim and non-Muslim families.- Muslim Law: In Muslim divorces, custody of children is generally granted based on the child's age, sex, and welfare. According to Islamic principles, mothers are typically awarded custody of children under the age of 7, after which the father may gain custody. However, custody decisions are based on the welfare of the child, and the court may decide otherwise depending on the circumstances. The mother usually retains custody until the child reaches a certain age (7 for boys and puberty for girls), after which the father may take over custody.
- Hindu Law: Hindu law typically grants custody of minor children to the mother, especially if the child is below 5 years old. The welfare of the child is the guiding principle in custody decisions. The court may grant joint custody or primary custody to one parent if it deems that it is in the best interest of the child.
- Other Laws: For other religious communities, custody decisions are also governed by the welfare principle. In cases where one or both parents are non-Muslim, the courts may follow the civil code or the special marriage act and make decisions based on the child's well-being.
4. Child Support and Maintenance
After a divorce, the non-custodial parent is usually required to pay child support. In Bangladesh, the Muslim Family Laws Ordinance of 1961 mandates the provision of maintenance for the wife and children after a divorce. A husband is expected to pay maintenance for his children until they reach the age of majority, unless they are able to support themselves. For non-Muslim children, the court orders maintenance based on the financial capacity of the parents. The child’s standard of living, the financial resources of both parents, and the needs of the child are taken into account while determining the amount of child support. Failure to provide maintenance can result in legal action and penalties.5. Judicial Intervention and Challenges
While divorce and child custody laws in Bangladesh are clear, the enforcement of these laws can sometimes be slow and inconsistent due to various factors such as social stigma, corruption, and delays in the judicial system. Many women, especially in rural areas, find it difficult to access legal support and may face barriers due to cultural norms or lack of awareness about their legal rights.Additionally, in cases of interfaith marriage or divorce, there may be challenges due to conflicting personal laws. Courts often have to interpret and apply principles from different legal traditions, which can result in complex and lengthy legal proceedings.
6. Recent Legal Developments
Bangladesh has taken steps to improve the rights of women in divorce and child custody cases. For instance:- The Domestic Violence (Prevention and Protection) Act, 2010, aims to protect women from abuse and provides mechanisms for seeking protection orders in cases of domestic violence.
- The Child Marriage Restraint Act, 2017, while primarily focused on preventing child marriage, also has provisions related to child protection in family law matters.
Conclusion
Divorce and child custody laws in Bangladesh are deeply intertwined with the country’s cultural, religious, and legal contexts. While there are clear legal frameworks for divorce and custody, the application of these laws can be complex, particularly when personal laws conflict. The best interests of the child are central to custody decisions, but the judicial process can be long and difficult for many, particularly women. Continuing legal reforms, awareness programs, and stronger enforcement of existing laws are essential for ensuring fair and just outcomes for families undergoing divorce and custody disputes in Bangladesh.Writ(Constitutional) Petitions
The Article 102 of the Constitution of the Peoples Republic of Bangladesh provides that Writ petitions can be filed by any Bangladeshi against any action taken by any public authority which has not been made in accordance with law or the High Court Division may direct any public authority to do whatever they are obliges to do in accordance with law but are not doing.
The Head of Chambers of S Hossain & Associates Barrister Md. Sanwar HOSSAIN has moved numerous Writ petitions in the Supreme Courts of Bangladesh on different issued such as Election matters, Governing body of school, non payment of cash incentive by central bank, Government Contracts, Appointment of Seed Dealers etc.
Although no one wants to face any case or litigation be that Criminal or Civil in nature but Litigations are the real fact of life for millions of people in Bangladesh. Court cases can be lengthy in Bangladesh but effective legal service and appearance in court by Barristers and Advocates from S Hossain & Associates would certainly be very effective for you. We guarantee upmost sincerity and up to date legal knowledge to argue your case in any Courts and Tribunals in Bangladesh. We have already conducted Criminal cases in Chief Metropolitan Magistrate Court, Sessions Court and High Court Division of the Supreme Court of Bangladesh. We conduct Bail petitions in any court in Bangladesh. S Hossain & Associates Head of Chambers Barrister Md Sanwar HOSSAIN appears in the Supreme Court of Bangladesh regularly in Civil, Criminal, Writ, Company matters.
Writ Petition in Bangladesh: A Legal Remedy for Fundamental Rights
A writ petition in Bangladesh is an important legal mechanism that provides individuals with a direct recourse to the judiciary for the enforcement of their fundamental rights. This remedy allows citizens to challenge the actions of the government, public authorities, or any person or body acting in violation of their constitutional rights. Rooted in the Constitution of Bangladesh, writ petitions serve as a vital instrument for upholding the rule of law and safeguarding civil liberties.
1. Constitutional Foundation of Writ Petitions
The authority for filing writ petitions in Bangladesh is derived from Article 102 of the Constitution of Bangladesh. This article grants the High Court Division of the Supreme Court the power to issue writs for the enforcement of fundamental rights or for the protection of public interests. It allows any aggrieved person to approach the court if their rights, as guaranteed under the Constitution, are violated. The writ jurisdiction of the High Court Division is a critical tool in ensuring accountability and transparency of public authorities, and it functions as a safeguard against arbitrary actions by the state.2. Types of Writs in Bangladesh
Under Article 102, the High Court Division can issue several types of writs to address different legal issues. The five most commonly used writs in Bangladesh are:- Habeas Corpus: This writ is used to challenge the unlawful detention or imprisonment of a person. It commands the authorities to produce the detainee before the court and justify the legality of the detention.
- Mandamus: This writ is issued to direct a public authority to perform a duty that it has failed or refused to perform. It can be issued when an official or public body neglects or refuses to perform a statutory duty.
- Prohibition: This writ is used to prevent a lower court or tribunal from acting beyond its jurisdiction or in violation of the law. It essentially stops an illegal action from being taken.
- Certiorari: This writ is issued to quash the decision of a lower court, tribunal, or authority that has acted outside its jurisdiction or in a manner that is inconsistent with the law.
- Quo Warranto: This writ is issued to challenge the legality of a person's claim to a public office. It can be filed when an individual holds an office without the proper qualifications or legal authority.
3. Who Can File a Writ Petition?
Anyone whose fundamental rights are violated, or who is aggrieved by the actions of the government or public authorities, has the legal standing to file a writ petition. This includes citizens, non-citizens, and even organizations if they are directly affected. In cases where the violation of rights affects a large group of people, public interest litigations (PIL) can also be filed. PILs are especially crucial in bringing attention to matters of public interest, such as environmental issues, corruption, and human rights violations.4. Procedure for Filing a Writ Petition
The procedure for filing a writ petition is relatively straightforward but requires adherence to legal norms:- Preparation of the Petition: The petition should clearly state the facts of the case, the constitutional rights that have been violated, and the relief sought. The petitioner must also present the legal grounds on which the writ is being requested.
- Filing with the High Court Division: The petition must be filed with the appropriate bench of the High Court Division of the Supreme Court. A writ petition can be filed either by the petitioner or through a lawyer (advocate).
- Issuance of Notice: Upon receiving the petition, the court may issue a notice to the respondent (the party whose action or inaction is being challenged), requiring them to appear and respond to the allegations.
- Hearing: The court will set a date for a hearing where both the petitioner and respondent can present their arguments. Based on the evidence and arguments, the court will pass a judgment.
- Decision: After the hearing, the court may issue a writ or dismiss the petition. If the writ is issued, it provides the necessary legal remedy to address the grievance.
5. Impact of Writ Petitions in Bangladesh
Writ petitions have played a significant role in the development of constitutional jurisprudence in Bangladesh. The judiciary has used this tool to protect citizens' rights and ensure the proper functioning of government institutions. Some key impacts include:- Protection of Fundamental Rights: The writ jurisdiction has been crucial in protecting the fundamental rights guaranteed by the Constitution, such as the right to life, liberty, and freedom of speech.
- Judicial Review of Government Actions: Writ petitions allow the judiciary to review government actions, laws, and policies, ensuring they are not arbitrary, unconstitutional, or discriminatory.
- Development of Public Law: Over the years, writ petitions have contributed to the development of public law in Bangladesh, especially in areas like human rights, environmental law, and administrative law.
- Public Interest Litigations (PILs): The growing trend of PILs has helped address large-scale issues such as environmental degradation, corruption, and the rights of marginalized groups.
6. Challenges and Criticisms
While writ petitions have been instrumental in ensuring justice, the system is not without its challenges:- Delays in Justice: One of the primary criticisms of the writ petition process is the delay in the disposal of cases. Given the heavy workload of the courts, many writ petitions take years to reach a final resolution, which can undermine their effectiveness.
- Access to Justice: The process of filing a writ petition often requires legal expertise, making it difficult for ordinary citizens, especially from marginalized communities, to access this remedy without the help of lawyers.
- Judicial Overreach: There are concerns about the High Court Division overstepping its boundaries and interfering with the executive or legislative functions of the government. Critics argue that this can sometimes lead to judicial overreach.
- Limited Awareness: Despite the significant role writ petitions play in protecting rights, there remains a lack of awareness about this legal remedy, particularly among rural populations.
Conclusion
Writ petitions remain one of the most powerful tools for upholding the rights of individuals and ensuring the accountability of the government in Bangladesh. The judiciary’s role in issuing writs has been crucial in addressing issues related to human rights, administrative accountability, and the protection of the environment. Despite certain challenges, the writ petition process continues to be a cornerstone of Bangladesh’s legal framework, and it plays an essential role in promoting justice, equity, and the rule of law in the country. It ensures that the actions of the state, its organs, and other public authorities remain within the limits of the Constitution, protecting the democratic values and fundamental rights of the citizens.Public Interest Litigation
S Hossain & Associates is well awared of it’s social responsibility as a law firm in bangladesh and will take on free legal work for Public interest if any one comes with a clear case. We may also file PIL on our own motion.
Income Tax & Customs Matters
We have now opened a fully operational unit for Income Tax practice. We have qualified Lawyers, Consultants and Income Tax practitioners in Bangladesh in our firm both working full time or as off counsel to advise on Tax matters. We have strong liaison with Tax officials in Bangladesh. Service provided by us the lawyers In Bangladesh in Income Tax matters:-
(i) Opening e TIN
(ii) Filling TAX return for individual Tax Payer
(iii) Filling TAX return for Business Tax payers
(iv) Contesting objections and cases in Tax Appellate Commissioner or Appellate Tribunal
(v) Opening VAT Bangladesh registration number and filling VAT return
(vi) Filling Reference and Writ petitions in the High Court Division regarding Income Tax , VAT or customs matter.
Income Tax Law in Bangladesh: An Overview
Income tax law in Bangladesh is governed by the Income Tax Ordinance, 1984 (Ord. No. 36 of 1984), along with various rules, regulations, and amendments over the years. The law outlines how individuals, companies, and other entities are taxed on income earned within the country or abroad. The tax system aims to generate government revenue to fund public services and infrastructure while promoting economic growth.
1. Historical Background of Income Tax in Bangladesh
Income tax in Bangladesh has its roots in the British colonial system, with the first income tax law introduced in 1860. The Income Tax Ordinance, 1984, was enacted after the country's independence in 1971 to replace the previous laws inherited from the British era. Since then, the law has undergone numerous amendments to adapt to economic changes, global trends, and evolving government policies.2. Income Tax Law Framework
The Income Tax Ordinance, 1984, governs the taxation of both individuals and companies in Bangladesh. Key sections of the law cover income determination, tax rates, exemptions, deductions, and compliance obligations.Key Definitions:
• Income: For tax purposes, income includes all earnings derived from salaries, business profits, interest, dividends, capital gains, rent, and other sources.
• Taxpayer: A taxpayer is an individual or entity that is liable to pay tax on their income as per the provisions of the ordinance.
3. Taxpayers and Taxable Entities
Income tax applies to various categories of taxpayers, including:• Individuals: These include salaried employees, business owners, professionals, and others earning income.
• Corporations: Companies, partnerships, and joint ventures are taxed on their profits.
• Foreign Nationals and Companies: Foreign individuals and companies earning income in Bangladesh are subject to tax, but tax treaties may provide relief.
• Non-Residents: Non-resident individuals or companies are taxed on income sourced from Bangladesh.
4. Income Tax Rates
Income tax rates in Bangladesh vary based on the category of taxpayer and the nature of the income.Individual Income Tax Rates:
Individual taxpayers are classified into different income slabs, and the tax rates range from 10% to 30%. The rates are progressive, meaning higher income levels are taxed at higher rates.
For example (as of the latest available data for FY 2023-24):
• Up to BDT 3,00,000: No tax (for individuals)
• BDT 3,00,001 to BDT 6,00,000: 10%
• BDT 6,00,001 to BDT 12,00,000: 15%
• BDT 12,00,001 to BDT 30,00,000: 20%
• Above BDT 30,00,000: 25%
In addition, special rates apply to female taxpayers, senior citizens, and differently-abled individuals, with reduced tax thresholds and lower tax rates.
Corporate Tax Rates:
• For listed companies: 25% tax on profits.
• For non-listed companies: 32.5% tax on profits.
• For foreign companies: Taxed based on the source of income in Bangladesh.
Tax Rates on Specific Income Types:
• Dividends: Generally taxed at 10%, but this is subject to exemptions depending on certain conditions.
• Capital Gains: Generally taxed at 15%, although exemptions may apply based on the type of assets or transaction.
5. Taxable Income and Deductions
Taxable income in Bangladesh includes income from various sources, but there are also provisions for deductions to reduce taxable income:• Salary and Wages: Salary is taxed after deducting allowable expenses like contributions to retirement funds, tax credits, and allowances.
• Business Income: Business profits are taxable, but businesses can deduct allowable expenses such as operational costs, depreciation, and losses carried forward.
• Investment Income: Interest from savings accounts, dividends, and capital gains are taxable, with certain exemptions for investments in government bonds and other specified instruments.
Allowable Deductions:
• Contributions to retirement funds (Provident Fund, Gratuity, and Pension Funds).
• Donations to charity (subject to limits).
• Education and health-related expenses (for self and family).
6. Taxation of Foreign Income
Income earned by Bangladeshi residents outside the country is generally taxable, but they may be entitled to exemptions or relief through tax treaties. Bangladesh has Double Taxation Avoidance Agreements (DTAAs) with several countries, including India, the United States, the United Kingdom, and others, which ensure that taxpayers are not taxed twice on the same income.7. Tax Filing and Compliance
Tax Year:The fiscal year for income tax purposes in Bangladesh runs from July 1 to June 30 of the following year.
Tax Returns:
Taxpayers are required to file annual income tax returns with the National Board of Revenue (NBR). The deadline for filing returns typically falls on November 30 for individuals, though this can be extended by the NBR. Companies generally have different filing deadlines.
Self-Assessment:
The tax system in Bangladesh follows a self-assessment principle, where taxpayers are responsible for determining their tax liabilities. However, the NBR may audit tax returns and adjust any discrepancies.
Tax Payment:
Taxpayers are required to pay taxes by installments or a lump sum payment by the due date. Penalties are imposed for late filing and late payment of taxes.
8. Tax Administration and Enforcement
The National Board of Revenue (NBR) is the primary government body responsible for administering and enforcing tax laws in Bangladesh. The NBR’s functions include:• Issuing guidelines and regulations.
• Assessing and auditing tax returns.
• Collecting taxes and imposing penalties for non-compliance.
The NBR also maintains an Online Tax System (e.g., e-TIN registration and online filing of tax returns), making tax compliance more efficient and transparent.
9. Tax Exemptions and Incentives
To encourage investment and economic activity, the government of Bangladesh provides several tax exemptions and incentives, especially in sectors like agriculture, IT, and export-oriented industries.
Examples include:
• Tax exemptions on income from specified activities, such as profits from agricultural activities.
• Tax holidays for new industries in designated economic zones.
• Tax rebates for donations to charity and certain approved social causes.
10. Recent Changes and Reforms
Bangladesh has seen several changes in its tax laws to simplify and improve compliance:• Corporate tax rate adjustments aimed at promoting investment.
• Introduction of Digital Taxation (e.g., e-TIN, online tax return filing).
• Proposals for reforms in progressive taxation aimed at reducing income inequality.
11. Challenges and Future Outlook
Despite recent improvements, there are several challenges facing Bangladesh's income tax system:• Tax Compliance: The informal economy is large, and a significant portion of the population does not pay taxes, leading to gaps in revenue collection.
• Tax Avoidance: Many companies and individuals resort to tax avoidance schemes, such as under-reporting income or hiding assets.
• Global Taxation Standards: With the growing trend of base erosion and profit shifting (BEPS) and global tax reforms, Bangladesh must align its tax policies with international norms.
In response to these challenges, the government has undertaken reforms aimed at improving tax collection, enhancing the digital tax infrastructure, and encouraging greater compliance among taxpayers.
Conclusion
Income tax law in Bangladesh has evolved significantly over the past few decades, reflecting the country’s changing economic landscape. While the tax system provides critical revenue for the government, it also serves as a tool for promoting economic growth and development. Going forward, efforts to enhance tax compliance, increase transparency, and modernize the tax administration system will be crucial in ensuring that the tax system can meet the growing needs of the Bangladeshi economy.Employment Matters
Employment issues is a area of law in Bangladesh which is less understood by both employees and employers. Whereas the basic objective of Employment laws are to ensure rights for the employees and also to maintain peaceful and working environment in workplaces. The Bangladesh Labour Act 2006 is the major legislation in Employment matter in Bangladesh.
There are Labour Courts in major cities of Bangladesh where aggrieved employees may file cases against their employers for wrongful Dismissal, Termination, Non payment of statutory payments, discrimination etc.
S Hossain & Associates advises and appear in cases for both employees and employers in Employment issues.
Property Disputes
We regularly advice clients on Real estate matters specially dispute between land owner and developer, flat buyer and developer issues. We have vast experience in advising on Real Estate Development and Management Act 2010. We have successfully conducted Arbitrations and Litigations on disputes falling under Real Estate Development and Management Act 2010. We provide services to people living outside Bangladesh who have family property in Bangladesh. We provide support from collecting documents, deeds, Porchas to do Namjari in the names of current owner and we also assist in selling lands in Bangladesh. We lawyers in Bangladesh provide complete support to people living outside Bangladesh but who has property in Bangladesh.
Regulatory Approvals
All assistance from opening a Company in Bangladesh, Opening a Tax Identification Number, RJSC returns, Board of Investment approvals, Work permit and VISA for foreign officials and their family members, opening a bank account, obtaining 18 A and 18 B approvals from Bangladesh Bank etc are provided from S Hossain & Associates efficiently and in a timely manner in a reduced cost from any other law firms in Bangladesh.
Tele Communication
Any Tele Communication Issues or BTRC, VoIP issues are also addressed by our expert lawyers here in S Hossain & Associates.
Land Issues
Although no one wants to face any case or litigation be that Criminal or Civil in nature but Litigations are the real fact of life for millions of people in Bangladesh. Court cases can be lengthy in Bangladesh but effective legal service and appearance in court by Barristers and Advocates from S Hossain & Associates would certainly be very effective for you. We guarantee upmost sincerity and up to date legal knowledge to argue your case in any Courts and Tribunals in Bangladesh. We have already conducted Criminal cases in Chief Metropolitan Magistrate Court, Sessions Court and High Court Division of the Supreme Court of Bangladesh. We conduct Bail petitions in any court in Bangladesh. S Hossain & Associates Head of Chambers Barrister Md Sanwar HOSSAIN appears in the Supreme Court of Bangladesh regularly in Civil, Criminal, Writ, Company matters.
Succession
Muslim succession or Farayez can often lead to complex litigations. S Hossain & Associates and it’s head of chambers Barrister Md Sanwar Hossain is an expert of land issues and Succession laws and has successfully distributed property amongst heirs outside court.
We have also filed Partition Suits and conduct Partition Suits in Judges Court.
Bankruptcy
The Bankruptcy Act governs bankruptcy regime in Bangladesh. Although no one wants to face any case or litigation be that Criminal or Civil in nature but Litigations are the real fact of life for millions of people in Bangladesh. Court cases can be lengthy in Bangladesh but effective legal service and appearance in court by Barristers and Advocates from S Hossain & Associates would certainly be very effective for you. We guarantee upmost sincerity and up to date legal knowledge to argue your case in any Courts and Tribunals in Bangladesh. We have already conducted Criminal cases in Chief Metropolitan Magistrate Court, Sessions Court and High Court Division of the Supreme Court of Bangladesh. We conduct Bail petitions in any court in Bangladesh. S Hossain & Associates Head of Chambers Barrister Md Sanwar HOSSAIN appears in the Supreme Court of Bangladesh regularly in Civil, Criminal, Writ, Company matters.
Shipping
Admiralty Suits are filed in the High Court Division of Bangladesh Supreme Court under the Original Jurisdiction of the High Court Division. S Hossain & Associates work both in dry and wet admiralty matters/ disputes and can file suits or represent any party to an Admiralty Suit in dry or wet Admiralty matters, arrest of ships etc.
IT Cyber law
IT cyber law is a new area of legal jurisprudence and we are well acquainted with the legal regime in Bangladesh regarding IT law, cyber patent etc.
Admiralty
Admiralty Suits are filed in the High Court Division of Bangladesh Supreme Court under the Original Jurisdiction of the High Court Division. S Hossain & Associates work both in dry and wet admiralty matters/ disputes and can file suits or represent any party to an Admiralty Suit in dry or wet Admiralty matters, arrest of ships etc.
Company Matters
S Hossain & Associates law firm in Bangladesh provides corporate support, company formation in bangladesh and Company Secretary services to any private or public limited companies in Bangladesh. We also assist in company registration bangladesh in RJSC, transfer of shares, collection of any certified copies from RJSC, due diligence on any company in Bangladesh, annual return to RJSC, liquidation of company etc. We also represent clients in company matter cases in the High Court Division and Appellate Division in cases including rectification of share registrar, Protection of minority shareholder, Condonation for delay in holding AGM etc.
Wills & Waqf
We draft wills and Waqfnama and appear and conduct any cases arising out of any Wills or Waqf deed or administration of an Waqf estate.
Power Of Attorney & Notary Public Service
Attestation of Power of Attorney sent from abroad to Bangladesh in Ministry of foreign affairs and DC office is done by us. Notary Public services are also available.
Immigration For Foreigners
Foreign national can enter and work in Bangladesh in the subsidiary of a foreign company (irrespective of whether 100% foreign owned or a joint venture), in a liaison or branch office or in any Bangladeshi company. It’s a complicated process and required huge leg works. Minimum of one month is required. The process includes E visa recommendation letter, E visa, Work permit from BoI, Security clearance and visa stamping. We also offer services for visa assistance to the spouse and kids of the assignees.
BEPZA, special economic zone
We S Hossain & Associates law office also provides service and advice on any legal issue such as sale permission, lease permission, BEPZA labour issue. We also assist in making contacts with BEPZA and obtaining necessary regulatory approvals. The Government is also opening new Special economic Zone, we also render our services in connection with advice and regulatory approval in BEPZA, special economic zone for China, Korean, Taiwan based companies.
Being a law firm we also travel extra mile and provide services such as Accountancy and secretarial to new business , import export license through our partner Consultants.
Intellectual Property & Trademarks Registration
We help our national and international clients regularly with their IP related applications and take part in proceedings with or on behalf of them regularly. We can conduct searches on your behalf and prepare applications whenever necessary. We are experienced at processing Trade mark registrations and copyright Bangladesh under the Trade Marks Act 2009. We also help our clients file for objections and provide assistance in pursuing infringement and passing off claims.
Arbitration
Arbitration is outside settlement of disputes by the parties concerned. Arbitration saves time and is particularly effective for commercial disputes which need to be settled in a timely manner by both the parties. S Hossain & Associates works as Arbitrator or Counsel in Arbitration Proceedings and also filed and conducts any court case arising out of Arbitration Proceedings before any courts in Bangladesh
ADR
ADR or Alternative Dispute Resolution is settlement of any dispute outside Court. Difference between ADR and Arbitration is an ADR can be completely informal unlike Arbitration although Arbitration itself is a form of ADR. Arbitration is outside settlement of disputes by the parties concerned. Arbitration saves time and is particularly effective for commercial disputes which need to be settled in a timely manner by both the parties. S Hossain & Associates works as Arbitrator or Counsel in Arbitration Proceedings and also filed and conducts any court case arising out of Arbitration Proceedings before any courts in Bangladesh.
Opening New Business
All assistance from company formation in Bangladesh to company registration in Bangladesh, Opening a Tax Identification Number, RJSC returns, Board of Investment approvals, Work permit and VISA for foreign officials and their family members, opening a bank account, obtaining 18 A and 18 B approvals from Bangladesh Bank etc are provided from S Hossain & Associates efficiently and in a timely manner in a reduced cost from any other law firms in Bangladesh.
The steps in opening a new business in Bangladesh by foreigners include:-
BoI registration
Name clearance
Drafting MA&A
Opening blocked bank account and encashment of paid up capital
Incorporation of company
TIN & VAT
Export and import license
Liasion office permission if applicable
18A/18B permission from Central Bank
Chamber membership
EPZ related services
