Judicial Review of Administrative Action
Irrespective of individual sector in which our clients operate, everyone is subjected to some kind of regulations whether it is relates to their specific sector in which they operate or common matters like taxation, banking, land acquisition etc. Business transaction, license, permits and all other activities of a business concern or individual are often get exposed to different regulatory issues and disputes due to action or inaction of concerned public authority. Procedure violations or administrative actions can be quickly resolved by judicially reviewing the same popularly known as filing writ petition before Hon’ble High Court, where there is no other efficacious alternative forum. Effectively and successfully bringing a judicial review case requires in depth knowledge of the laws of a particular sector and also experiences. Form very inception, our firm is dealing with writ petition with selected sectors, for examples, Banking, Securities, Land, Taxation for having in depth knowledge and understanding.
The chambers is involved with the judicial review filed against owners of “Rana Plaza” and few public authorities for compensation involving tragic death of 1000+ people due to collapse of the defective building.
– Chambers & Partners, 2018
“The ‘very responsible, responsive and knowledgeable’ Mohammed Forrukh Rahman heads the firm..”
– Legal 500, 2018
The chambers successfully obtained Rule & Stay against public authorities and obtained favorable judgement after hearing in several matters for different clients over the last 11 years. Our success stories are among st many as follows:
- Successfully obtained rule and stay for SBARRO against RAJUK over a disputes involving their premises.
- Establishing right to selection of 400+ surplus employee of DESA while joining DPDC as opposed to automatic absorption into DPDC in several writ petitions.
- Writ petition filed for Gas Pipeline construction and successful resolution of undue interference for T M Textiles Ltd
- VAT claim settled through Writ for Crown Melamine Industries Ltd
- Correction of CIB report for UBICO against Bangladesh Bank
- Establishing exception for natural justice for Bangladesh Bank in FOREX matter
- Customs exemptions related disputes for BPDB
Writ petitions are often filed against central bank for issues involving CIB classification, cash incentive payment, renewal of license. Further, writ petition are often filed seeking interference of central bank against LC matters on regular basis. On the other hand, writ against learned Artha Rin Adalat order and Execution order in particular body warrant is very common. The Chambers has vast experience in dealing with Banking writs for over 10 years.
Writ petitions are not very uncommon against Securities and Exchange Commission’s rejection to grant permission for raise capital, listing, release from lock-in period etc. We have filed such writ for a Garments manufacturer successfully.
Several writs are filed where no other alternative remedy is available against Land authorities on various issues involving demarcation, mutation, acquisition order, etc. The chambers have experience of dealing with such writ for a Textile Company.
Chambers has knowledge and experience of dealing with several VAT & Customs related writ petition where no appeal lies and/or where tribunal is not a suitable forum for adjudication. The chambers have successfully conducted a writ on customs exemptions for a power sector company and have also been successful on challenging the imposition of VAT based on assumption for a Melamine Company.
Our Related Clients
- Crown Melamine Industries Ltd.
- TM Textiles & Garments Ltd
- Bangladesh Bank
- Dutch-Bangla Bank Ltd.
- Saturn Textiles Ltd.
- Perseus Ltd
- Kunhwa Engineering & Consulting Co. Ltd.
- UAE-Bangladesh Investment Company Ltd.(UBICO)
- Dhaka Power Distribution Company Ltd.
- Bangladesh Power Development Board
- Individual clients