Fundamental rights, judicial review and writs


Rahman’s Chambers, from its very inception, has been helping aggrieved clients with their procedural rights and fundamental rights violation committed by govt, statutory bodies, tribunals and other public authorities.  Our lawyers have in-depth knowledge and understanding of the laws & regulations of several sectors including but not limited to Customs, Banking, Securities, Land, Taxation, Power & Energy. Leading Legal directory Chambers and Partners Asia Pacific 2021 ranked Mohammed Forrukh Rahman for dispute resolution and states “has excellent and wide exposure in his profession, and is impressive in handling legal issues with aplomb”.

“He gives very precise advice on how to deal with procedural issues and has an eye for detail, providing almost immediate responses.”

– Chambers & Partners, 2021.

“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 ‘very responsible, responsive and knowledgeable’ Mohammed Forrukh Rahman heads the firm..”

                    – Legal 500, 2018

Our completed works: 

REAL ESTATE

  • Successfully challenged the order of RAJUK for eviction of SBARRO from building located in Banani & Gulshan area.
  • Successfully acted for the owners of a multistoried commercial building located in a prime location involving challenging a notice issued by RAJUK. The notice was issued without taking into account the representation previously made by the client.

EMPLOYMENT

  • 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

POWER & ENERGY

  • 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.

CONTEMPT

  • 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.

TAXATION

  • 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 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 resolved writ petition for a power sector entity involving arbitrary cancellation of customs exemption.

BANKING

  • Establishing the exception for natural justice for Bangladesh Bank in FOREX matter
  • 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.

Practice Guide – Dispute Resolution (Judicial Review)

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 transactions, licenses, 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 a 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.

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 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.

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.

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.

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
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