SHEIKH SALAHUDDIN & ASSOCIATES                                        

Advocates . Barristers . Attorneys  & Legal Consultants | A Leading Law Firm of Bangladesh                                                             Hotline: +88 01727665782

Areas of Practice

 

Writ:
Article 102 of the Constitution of the People's Republic of Bangladesh provides that any aggrieved person can invoke The writ Petition whose rights has been infringed by any public authority. Writ is a very important piece of Legal remedies which aims at to provide the measure for the infringement of fundamental rights of the people of the country. As a judicial control of the administrative action, the constitution provides power upon the High Court to issue any Writ as required, so that the speedy measure may be may be taken against the administrative power ultra vires Historically, writ originated and developed in British legal system. Article 102(2)(i) deals with the functions relating to the Writ of Mandamus as well as Writ of Prohibition, Article 102(2)(a)(ii) is the provision relating to the Writ of Certiorari, Article 102(2)(b) (i) is concerned with the Writ of Habeas Corpus while the provision of 102(2)(b)(ii) is concerned with the Writ of Quo-Warranto. On the other hand, the provision of Article 102(3) deals with the saving clauses regarding writ cases against which remedy under writ jurisdiction is not available. Article, 102(4) is concerned with the functions relating to ad-interim relief in writ jurisdictions and lastly, the provision of the Article 102(5) is related with functions of government officials as well as their remedy under Article 117 of the Constitution. Forgetting remedy under writ jurisdiction the petitioner has to keep in mind the provisions of Article 117 of the Constitution of Bangladesh because the matters which fall within the ambit of Administration Tribunal will not come under the purview of their jurisdiction. Classification of Writs-

Writ of Habeas Corpus
Writ of Mandamus
Writ of Prohibition
Writ of Certiorari
Writ of Quo-Warranto


Writ of Habeas Corpus
Habeas Corpus means "to have the body" before the court. In Habeas Corpus court commands the authorities holding an individual to bring that person before the court. The authority has to explain as to why the person is being held. If the court finds that he is being held in custody by the authority, it then can declare the same to be without lawful authority. Section 491 of the Code of Criminal Procedure also authorizes the High Court Division to issue a direction whether the person detained illegally or improperly. If the High Court Division finds that such authority or person is being held in custody, illegally or improperly, it then directs the detaining authority or person to set him at liberty.
 

Writ of Mandamus:
Mandamus means 'we command'. By Writ of Mandamus, the superior court directs any person, corporation, lower court or government to do something. This writ is issued when the lower tribunal has declined to exercise jurisdiction vested in it or any public authority declined to do what he is required by law. This remedy is available when any right of a person, arising from any law and not from any contract, is violated. The applicant must show that he has a legal right to the performance of legal duty by the person or authority against whom the writ has been preferred.

Writ of prohibition:
Prohibition means 'to forbid' from something. Generally, it is a writ issued by the superior court to a lower court, tribunal or administrative prohibiting it from doing something which is not authorized by law to do. Prohibition is an ordinary writ, as old as common law. The purpose of the writ of prohibition was to limit the jurisdiction of the lower court.

Writ of Certiorari:
Cerciorari means 'be certified' of the proceedings of any lower court or tribunal to be investigated by the superior court. Records of any pending or concluded proceedings before any authority or court including a tribunal can be called for by the High Court Division of the Supreme Court of Bangladesh for its examination as to the legally or otherwise of the said proceedings.

Writ of Quo Warranto:
Quo Warranto means by what warrant or authority. Writ of Quo Warranto provides a remedy against illegal occupation or usurpation of any public office or franchise or liberty. It enables inquiry into the legality of the claim, which a person asserts to an office or franchise and to oust him from such position. The holder of the office has to show to the court under what authority he holds office. Such remedy is available under sub-clause (ii) of clause (b) of Article 102 of the Constitution from the High Court Division.

Actually, Article 102 is the safeguard to uphold human rights as per Constitution of Bangladesh. Sheikh Salahuddin and Associates are involved in the above-mentioned proceedings to uphold and safeguard human rights of the citizens of Bangladesh.

Civil and Criminal:
Bangladesh is a highly populated country. It is difficult for any Government to fulfill the basic requirement in this country. We have lack of resources as well. Poverty, law and order situation, political anarchy, vandalism, dispute has become part of our daily lives. Some of the thing we can mitigate but some disputes cannot be resolved without taking any formal legal steps. Salahuddin and Associates work with our clients to minimize legal risk and exposure. We encourage our client to resolve the dispute through alternative dispute resolution. But Civil and Criminal issues are lies mostly in lower courts. Since 2008, we have mitigated numerous numbers of disputes in civil and Criminal courts. We have experienced Civil and Criminal lawyers who are dedicated to handling those disputes in lower courts.

Corporate and Commercial:
Salahuddin and Associates have vast expertise in the area of banking law and allied matters. Our services include providing assistance to local and multinational banks and international financial institutions on loan documentation and syndicated loans as well as providing general advice on banking law and financial services. Our team has advised and assisted multinational banking companies in their acquisition, reorganizing and restructuring processes, and frequently advises banking companies on their internal management and employment issues. As part of our litigation work, members of our firm provide representation in loan recovery cases in specialized courts.

Banking & Finance:
Expert practitioners of Shiekh Salahuddin & Associates offer the clients the much needed expertise on a diverse range of local and international transactions, as well as the valuable support with rules, regulations and compliance matters in accordance with the provisions relating to the banking and financial sector. Our experience and areas of expertise include land vetting, mortgage, structured finance, corporate finance, project finance, security and guarantees, securitization and factoring, private equity, capital markets offerings, investment funds, banking and financial regulation, securities regulation and many more. Besides, Shiekh Salahuddin & Associates maintains a good contacts with the local public bodies and organization on behalf of the clients with a view to maintaining a good relationship so that the best interest of its clients can be promoted in every way possible.

Shiekh Salahuddin & Associates also handles cases relating to loan recovery under Artha Rin Adalat Ain, bank guarantee, foreign exchange regulation, letter of credit, matters arising under Bank Company Act, credit information, cheque dishonour, recovery suit, title suit etc. in both District Court Level and High Court.
 

VAT, Tax and Custom Matters:
This is very complicated area. Salahuddin and Associate have an expert pool of tax experts who are responsible for advising on Income Tax, VAT, and customs related issues arising from the national and international trade, compliance requirements for individuals and national and international entities carrying on business in Bangladesh.

We have extensive experience in judicial review of administrative decisions concerning assessment and payment of Customs Duty, VAT and Income Tax. Our services include challenging administrative decisions of the tax regulatory authorities arising from the assessment of customs duty, VAT and income tax, the imposition of fines, seizure, and confiscation of goods, classification of H.S. Code of the imported goods, cancellation of the rebate, bond license, etc. before statutory tribunals and the superior courts.


Family Matters:
Salahuddin and Associates have a team of dedicated legal professionals with requisite experience who have the patience to deal with the family matters. We all live in a family and we know the importance to live in a family all together. Hence, we give our best efforts by providing opinions to the aggrieved party in a timely manner. Sometimes counseling or negotiation does not work in that case we have to go to the family court for ultimate remedy. We have retired judges and female lawyers who have the experience and expertise to deal with this issue properly so that we can go for an amicable solution for both the parties.

Arbitration:
Salahuddin and Associates have been involved in both domestic and international arbitration, including International Commercial Arbitration. We are familiar with the procedural codes habitually adopted in international arbitration proceedings. We also advise on the choice of forum clauses (court jurisdiction v. arbitration), the choice of arbitral institution, the drafting of international arbitration clauses and the appointment of arbitrators.
We have a network of trusted arbitration lawyers across the globe with whom we can work seamlessly to manage cases where local councils are required, particularly at the enforcement stage of the process.
Our specialist arbitration lawyers have the skill of creative problem-solving techniques with a modern and commercial approach towards dispute management. Our aim is to achieve our clients' objectives in a cost-effective manner.

Constitutional and Administrative:
Salahuddin and Associates is known for its ability to provide solutions to commercial and employment law related problems using an administrative law framework. We have multiple areas of expertise and are known for their capacity to draw on their diverse experience to provide innovative solutions to clients. Salahuddin and Associates have extensive experience of conducting public interest litigations, ranging from challenging the constitutionality of legislation, violation of the constitution and constitutional amendments to questioning the transparency in the granting of television licensees.


Admiralty:
Salahuddin and Associates have expertise in Admiralty law including marine litigations, commercial transactions, ship-arrest, advisory work as well as regulatory work for our clients.
We are also assisting in the particular areas as mentioned below -
Possession of ownership of a ship or its shares, advisory in admiralty related litigation, ship arrest, sale & purchase of vessels, ship finance, shipbuilding and ship breaking, charter party disputes, freight disputes, collisions and claims for damages, damage done by any ship, death or personal injury occurring as a result of any fault in the ship or defective machine and equipments, lost or damaged good carried by any ship, carriage of goods in a ship or from any contract of user or hire of any ship, master or seamen wages earned on board of any ship or the expense incurred in a port, expenditure incurred in connection with the ship, forfeiture of goods or any declaration that the good were unfair for use, or claims over jurisdiction.

Intellectual Property
Lawyers in the Shiekh Salahuddin & Associates know the IP issues, challenges and concerns facing large and small enterprises and can provide creative solutions that preserve and protect your business concerns. Our IP lawyers’ understanding of local jurisdictions, governments and markets and their ability to help its clients to keep up with ever-changing laws and regulations around the world assures an unparalleled level of responsive, results-oriented service to our clients. We have experience and our area of expertise covers patents, trademarks, copyrights, licensing and technology transfer, trade secrets, rights of publicity and privacy, advertising, merger and acquisition, e-business, IP dispute resolution and litigation, registered design, franchising, competition law and many more.

POWER, ENERGY AND NATURAL RESOURCES
Shiekh Salahuddin & Associates are playing a leading role in the power, energy and natural resources sector for many years and our work in this area forms an integral part of our energy practice. Our work for the clients includes license applications, merger, and acquisitions, joint ventures, environmental, taxation and dispute resolution.
We are also ready to assist our clients in meeting the even more complex demands of regulatory frameworks, such as emissions and energy trading, by providing the highest level of legal advice and industry knowledge.

Human rights
TThe concept of ‘human rights’ have evolved to its ultimate stage in the global platform and it triumphs over any and every other concept in the modern legal world.  Our lawyers are not only adequately enlightened with the international standard of ‘human rights’ but also immensely conversant with rights and freedoms guaranteed by the Constitution of the People’s Republic of Bangladesh and by such other human rights documents ratified in Bangladesh that ensures their enforceability within the existing legal framework of Bangladesh. In any case of alleged violation of human rights, our lawyers upon the instruction of the client will be able to initiate writ in the High Court of Bangladesh or initiate proceedings in any other appropriate forum to protect the rights of the clients accorded to them by the Constitution of Bangladesh. In such proceedings, our internationally trained lawyers with their in-depth knowledge of the international standard of human rights will be able to formulate their arguments in consonance with international quality which would be highly beneficial to our clients.

Telecommunications:
Telecommunication is now an emerging business in Bangladesh. With a short span of time, it has contributed a lot in changing lives of the people in Bangladesh. Voice and data services, is a core area of practice of the firm. Salahuddin and Associate provide regulatory advice on telecom, IT, media and associated telecom products. We are also advising telecom operators on licensing and regulatory issues, auction process of the spectrum, interconnection agreements, frequency allocations, Merger and acquisition and infrastructure sharing agreements.

Moreover, Salahuddin and Associates also extend its advice to telecom operators in relation to internal management issues, billing, the introduction of new technologies and platforms, human resource management, industrial relations etc. The firm also provides all types of assistance to telecom companies in relation to customs excise, VAT, and income tax.