Judicial Review of Administrative Action
Irrespective of any individual sector in which our clients operate, everyone is subjected to some kind of regulations whether it 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. Procedural violations or administrative actions were taken in malice arbitrarily, unreasonably etc 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 available. Effectively and successfully bringing a judicial review case requires in depth knowledge of the laws of a particular sector and also experiences. From very inception, our firm is dealing with writ petition involving a number of sectors, for examples, Customs, Banking, Securities, Land, Taxation, power & energy for having in-depth knowledge and understanding of the laws & regulations of the power sector.
“Their response times are excellent and they make you feel generally very well informed.”
– Chambers & Partners, 2018.
“Successfully represented Bangladesh Bank in a dispute regarding the duties of the carrier under foreign exchange regulations. This was a landmark decision which clarified the legality of the house bill of lading for the sea leg of a journey”
– Chambers & Partners, 2017
The Chambers is involved with the judicial review filed against owners of “Rana Plaza” and few public authorities for compensation involving the tragic death of 1000+ people due to collapse of the defective building.
The Chambers successfully obtained Rule & Stay against public authorities and obtained favorable judgment after hearing in several matters for different clients over the last 11 years. Our success stories are among so many as follows:
- Successfully challenged the order of RAJUK for eviction of SBARRO from building located in Banani & Gulshan area.
- Establishing right to selection of 400+ surplus employee of DESA while joining DPDC as opposed to automatic absorption into DPDC in several writ petitions. Reported in 2CLR(HCD)523
- Successfully challenged the decision of Titas Gas of giving the Gas connection a member of factories from an exclusive line constructed by a Japanese Co.
- Handled a number of Writ petition involving electricity connection for a power sector co.
- Successfully handled a number of contempt petition arising from failure to obey order passed by Hon’ble High Court involving different sector for a course of 10 years.
- Successfully challenged VAT demand for filing writ petition involving price declaration discrepancy with raw materials and finished products and declaration of wastage and damages of raw materials (Anwar Cement Limited vs. Bangladesh Bank 65 DLR (2013) 97)
- Successfully resolved writ petition for a power sector entity involving arbitrary cancellation of customs exemption.
- Establishing the exception for natural justice for Bangladesh Bank in FOREX matter
- Successfully argued in Customs exemptions related disputes for BPDB
- Successfully argued on the exception to such right in a suitable circumstance. (Amjad Hossain vs. Bangladesh Bank 17 BLC (HC) 188)
- Successfully argued before the Hon’ble court explaining the position on the guarantee in CIB Report of Nominee Director in S.M. Akbar & Another Vs. Bangladesh reported in 70 DLR (2018) 52.5 CLR (HCD) (2017) 307 & 23 BLC (2018) 126)
- Successfully argued & filed a writ petition challenging the auction published by the National Bank Ltd, against Janata Engineers Vs. Bangladesh Bank Ltd & Nilufa Rice Mlls Mr. Rahman Vs Bangladesh.
Writ petitions are often filed against the central bank for issues involving action under section 12 of the Artha Rin Adalat Ain, CIB classification, cash incentive payment, renewal of license. Further, writ petitions are often filed seeking interference of central bank against LC matters misleading of issues by the commercial bank, 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.
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 the 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 assumptions for a Melamine Company & also on the failure to assess goods for leading garments manufactures.
Acting beyond authority and failure to provide natural justice, arbitrariness etc.is common ground for a writ in this sector. Issues like the cancellation of license, the connection of gas, cancellation of connection of electricity line are common issues for writs involving power & energy sector.
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