Laws of Bangladesh
Laws of Bangladesh
Welcome to the “Laws of Bangladesh” page at Legalsteps, your trusted full-service law firm. Our team of seasoned attorneys is dedicated to providing comprehensive legal solutions across a wide array of practice areas. This page serves as a resource for understanding the various legal aspects that are frequently encountered and practiced in the courts of Bangladesh. From Admiralty and Maritime Law to Family Law, our expertise spans all major legal fields, ensuring that our clients receive the highest standard of legal representation and advice.
At Legalsteps
At Legalsteps, we are committed to upholding justice with integrity and professionalism. Our extensive experience in litigation, arbitration, and dispute resolution allows us to navigate the complexities of the legal system effectively. Whether you are dealing with corporate compliance, intellectual property issues, or real estate transactions, our attorneys are here to guide you through every legal challenge with confidence and clarity. Explore this page to gain insights into the legal landscape of Bangladesh and how we can assist you in achieving your legal objectives.
Frequently Asked Questions (FAQs) about Laws of Bangladesh
What are the primary sources of law in Bangladesh?
The primary sources of law in Bangladesh include the Constitution, statutes enacted by the Parliament, ordinances, and case law. Additionally, customary laws and international treaties ratified by Bangladesh also play a significant role.
How is the legal system structured in Bangladesh?
The legal system in Bangladesh is based on the common law system. It comprises various levels of courts, including the Supreme Court (divided into the Appellate Division and the High Court Division), District Courts, and specialized tribunals.
What are the key areas of legal practice in Bangladesh?
Key areas of legal practice in Bangladesh include civil law, criminal law, family law, corporate law, labor law, and intellectual property law. Each area addresses specific legal needs and issues faced by individuals and businesses.
How can I file a lawsuit in Bangladesh?
To file a lawsuit in Bangladesh, you must submit a plaint or petition to the appropriate court, detailing the facts and legal grounds of your case. It is advisable to seek legal assistance to ensure proper filing and representation.
What is the process for obtaining bail in criminal cases?
Bail can be obtained by applying to the court, which will consider factors such as the nature of the offense, the accused’s criminal history, and the likelihood of the accused appearing for trial. Legal representation is crucial in bail proceedings.
How are family disputes resolved in Bangladesh?
Family disputes, including divorce, child custody, and inheritance issues, are resolved through the Family Courts. Mediation and arbitration are also encouraged to settle disputes amicably.
What are the rights of employees under Bangladeshi labor law?
Employees in Bangladesh are entitled to various rights, including fair wages, safe working conditions, and protection against discrimination and harassment. The Bangladesh Labour Act 2006 and the Bangladesh Labour Rules 2015 govern these rights.
How can I protect my intellectual property in Bangladesh?
Intellectual property rights in Bangladesh can be protected by registering patents, trademarks, and copyrights with the relevant authorities. Legalsteps can assist you in navigating the registration process and enforcing your rights.
What is the procedure for resolving commercial disputes?
Commercial disputes can be resolved through litigation in commercial courts or through alternative dispute resolution methods such as arbitration and mediation. Legalsteps offers expert guidance in both litigation and ADR processes.
How can I contact Legalsteps for legal assistance?
You can contact Legalsteps by visiting our website at legalsteps.com.bd or by calling our office directly. Our team of experienced attorneys is ready to assist you with your legal needs.
What are the procedures for registering a business in Bangladesh?
To register a business in Bangladesh, you must choose a business structure (e.g., sole proprietorship, partnership, or company), obtain a trade license, register with the Registrar of Joint Stock Companies and Firms (RJSC), and comply with tax and labor regulations. Legalsteps can guide you through each step of the registration process.
How are
How are property disputes handled in Bangladesh?
Property disputes in Bangladesh are typically resolved through civil litigation in the District Courts. Issues such as ownership, inheritance, and land boundaries are addressed. Mediation and arbitration are also viable options for resolving property disputes.
An Examination of Writ Jurisdiction under Article 102 of the Constitution of Bangladesh
Writ Jurisdiction under Article 102 of the Constitution of Bangladesh refers to the power of the High Court Division of the Supreme Court to enforce fundamental rights guaranteed in Part III of the Constitution and to exercise its power of judicial review1. This right is exercised by submitting a writ petition to the High Court Division.
There are five types of writs that can be filed in Bangladesh:
1. Prohibition: This writ is issued to refrain an individual from acting if certain conditions are met. It is given to a person performing functions in connection with the affairs of the public body. The conditions include: an application filed by an aggrieved person, no equally effective remedy is available, acts without jurisdiction or in excess of jurisdiction.
2. Habeas Corpus: This writ is issued to ensure a person in custody is not being held without lawful authority or in an unlawful manner.
3. Certiorari: This writ is issued to declare that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority, has been done or taken without lawful authority and is of no legal effect.
4. Mandamus: This writ is issued directing a person performing any functions in connection with the affairs of the Republic or of a local authority, to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do.
5. Quo-Warranto: This writ is issued requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office.
Public Interest Litigation in Bangladesh: An Overview and Recent Developments
Public Interest Litigation (PIL) in Bangladesh is a system to file a case to get a court order in favor of public interest or to protect the rights of public litigation filed into the higher court1. It is defined in the Constitution of Bangladesh under Article 102. PIL seeks to ensure accountability on the part of those in power, and socio-economic and collective justice for the general public, by giving priority of public interest over individual or special interests. The Supreme Court of Bangladesh has provided several landmark decisions regarding PIL. For instance, in the case of Dr. Mohiuddin Farooque vs Bangladesh, the judiciary extended the Locus Standi under Article 102 of the constitution, in favor of persons not technically aggrieved, by giving such liberal interpretation that ‘aggrieved party’ under Article 102 of the constitution should include a party who, although is not personally affected, has sufficient interest in the matter in dispute. In Bangladesh, any person or group of persons who are not directly affected by the issue, but are concerned about its impact on society can file a PIL4. This could include individuals, non-governmental organizations (NGOs), social activists, and lawyers. However, only a person acting in good faith and who has sufficient interest in the proceeding will have the locus standi to file a PIL. A person who approaches the court for personal gain, private profit, political or any oblique consideration will not be entertained. An example of a PIL case in Bangladesh is the Bangladesh Environmental Lawyers Association (BELA) vs. Government of Bangladesh. This PIL case brought to light the issue of pollution in the Buriganga River, which is one of the major rivers flowing through the capital city of Dhaka. The present position of PIL in Bangladesh is that it has been adopted and developed to enforce the fundamental rights guaranteed in the Constitution. However, PIL in Bangladesh has not achieved the expected success due to lack of fine tuning process and the lack of expected judicial activism8. Furthermore, the ‘non-enforceable’ Fundamental Principles of State Policy in the constitution is also a bar in respect of the smooth functioning of PIL. For more information, you can visit the official website of the Supreme Court of Bangladesh. They have an online bulletin (SCOB) which is an Online Law Report published by the Supreme Court of Bangladesh compiling important judgments from the Appellate Division and High Court Division.