Equity Law House
Welcome to Equity Law House. We are the best litigation law firm in Bangladesh. Our expertise spans civil and commercial litigation, arbitration, and mediation, as well as labor and employment rights, and admiralty and maritime litigation. Our experience spans multiple domains.
Firm Information
Founded
2014
Team Size
15 people
Offices
2 locations
Our Offices
Find our offices across different locations to serve you better.
Dhaka
Bangladesh
Dhaka Lawyers Association Building, Room#414, Kotwali
Languages
Practice Areas
Civil & Human Rights
Business Registration
Admiralty & Maritime
+73 more
Dhaka
Bangladesh
Central Law College, Suite# 501, 4th floor, 6 Bijoynagar, Ramna,
Practice Areas
Admiralty & Maritime
Banking & Finance
Business Registration
+42 more
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Case Results
Successful outcomes we've achieved for our clients
Arbitration
ADR Mediation & Arbitration
Arbitration
ADR Mediation & Arbitration
At Equity Law House, our ADR (Alternative Dispute Resolution) and arbitration practice is designed to provide a sophisticated alternative to traditional litigation. We handle disputes ranging from local family matters to high-stakes international commercial conflicts.
1. Types of ADR & Arbitration Available
We offer a full spectrum of dispute resolution services:
Arbitration: A formal, binding process where an independent arbitrator (or panel) makes a final decision.
Ad Hoc Arbitration: Tailored specifically to the parties' needs without an institutional framework. real estate,
Institutional Arbitration: Conducted under the rules of bodies like BIAC (Bangladesh International Arbitration Centre), LCIA (London Court of International Arbitration), or ICC (International Chamber of Commerce).
Mediation: A voluntary, non-binding process where our experts facilitate a compromise between parties.
Conciliation: Similar to mediation, but our conciliators play a more active role in proposing a settlement.
Med-Arb: A hybrid process where parties first attempt mediation and, if unsuccessful, move to binding arbitration.
2. Nature and Extent of our Practice
We deal with disputes at both the national and international levels:
| Nature | National (Domestic) | International (Cross-Border) |
|---|---|---|
| Focus | Construction, Real Estate, Family (Dower/Maintenance), and Partnership disputes. | International Trade, Foreign Direct Investment (FDI), and Maritime/Shipping. |
| Law | Governed primarily by the Arbitration Act, 2001 (Bangladesh). | Governed by the UNCITRAL Model Law, the New York Convention, or specific foreign laws. |
| Extent | Representation in local tribunals and enforcement through District Courts/High Court. | Handling cases in global seats (e.g., Singapore, London, Dubai) and enforcing foreign awards in Bangladesh. |
3. How We Work (The Process)
Our working methodology is structured to ensure maximum protection of your interests:
Clause Drafting: We start by drafting "bulletproof" arbitration clauses in your contracts.
Strategic Filing: For the Claimant, we prepare a comprehensive Statement of Claim. For the respondent, we craft a tactical statement of defense and potential counterclaim.
Tribunal Formation: We assist in selecting and appointing highly qualified, neutral arbitrators.
Hearing & Advocacy: Our advocates present oral arguments and examine witnesses, similar to a court trial but in a private setting.
Award Enforcement: Once the award is issued, we handle its execution or challenge it (if necessary) in the High Court.
4. Documents Required to Win Your Case
To build a winning case, whether you are the claimant (the one suing) or the respondent (the one being sued), you must provide:
The Arbitration Agreement: The contract or letter exchange containing the arbitration clause.
Evidence of Breach: Emails, letters, or notices showing that the other party failed to perform their duty.
Financial Records: Invoices, bank statements, or audit reports to quantify the loss or prove payment.
Expert Reports: If the dispute is technical (e.g., construction quality), reports from independent engineers or surveyors.
Notice of Dispute: Proof that you notified the other party before initiating the case (Section 27 of the Arbitration Act).
Witness Statements: Written testimony from individuals who have direct knowledge of the facts.
Maritime Dispute
Admiralty & Maritime
Maritime Dispute
Admiralty & Maritime
At Equity Law House, our Maritime and Admiralty practice is recognized for handling both "Dry" (contractual) and "Wet" (accidental/navigational) shipping disputes. We represent shipowners, charterers, P&I Clubs, and cargo interests in a globalized maritime environment.
1. Types of Maritime Dispute Resolution Services
We offer a multi-tiered approach to maritime disputes:
Admiralty Litigation (In-Rem & In-Personam): Taking urgent legal action in the High Court for vessel arrests or damage claims.
Maritime Arbitration: Resolving high-value commercial disputes through private tribunals.
Ship Arrest & Release: Filing for immediate arrest to secure claims or providing bank guarantees/LOUs for the swift release of detained vessels.
Mediation: Negotiating settlements between port authorities, cargo owners, and carriers to avoid lengthy court battles.
2. Forums and Nature of Practice
National (Bangladesh)
The Admiralty Court: We practice primarily in the High Court Division of the Supreme Court of Bangladesh, which holds exclusive jurisdiction over maritime claims under the Admiralty Court Act, 2000.
Marine Courts: We deal with regulatory offenses and accidents under the Merchant Shipping Ordinance, 1983.
Domestic Arbitration: Conducted under the Arbitration Act, 2001, typically for local charter-party disputes or agency claims.
International (Abroad)
International Arbitration: We represent clients in global maritime hubs. Our nature of work includes:
LMAA (London): Handling "Dry Shipping" disputes under London Maritime Arbitrators Association rules.
SCMA (Singapore): Dealing with Asian regional trade and bunkering disputes.
Enforcement of Foreign Awards: If you win an arbitration in London or Singapore, we assist in enforcing that award against assets (or ships) located in Bangladesh territorial waters.
3. Document Requirements for a Winning Case
The strength of a maritime case depends heavily on the "Paper Trail." Below are the essential documents required:
| For the Claimant (The Suing Party) | For the Respondent (The Defending Party) |
|---|---|
| Original Bill of Lading (B/L): Proof of contract and cargo description. | Logbooks (Deck & Engine): Vital for collision or delay defense. |
| Charter Party Agreement: To establish the terms of hire and arbitration clauses. | Letter of Protest (LOP): Evidence that damage was noted upon arrival. |
| Survey Reports: Independent assessment of damage or short-delivery. | VDR Data: Voyage Data Recorder info for collision "Wet" cases. |
| Notice of Claim: Proof that the carrier was notified within the time limit (usually 3 days). | P&I Club Letter of Undertaking (LOU): To prevent or lift a ship arrest. |
| Invoices & Packing Lists: To prove the financial value of the loss. | Maintenance Records: To prove the vessel was "seaworthy" at the start of the voyage. |
Strategic Note on Ship Arrest
In Bangladesh, if you are a Claimant wanting to arrest a ship, we require a Power of Attorney (POA) notarized and attested by the Bangladesh High Commission in your country. We can obtain an arrest order within 24–48 hours once the ship enters Bangladeshi waters (Chattogram, Mongla, or Payra ports).
Company Winding Up
Corporate & Commercial
Company Winding Up
Corporate & Commercial
Winding up a company in Bangladesh is a complex legal process governed by the Companies Act, 1994. At Equity Law House, we specialize in guiding clients through the intricacies of the High Court Division to ensure a smooth dissolution.
How Equity Law House Works for You
Our firm provides comprehensive legal support throughout the winding-up stages:
Initial Assessment: We analyze the company’s financial status, grounds for winding up (e.g., insolvency, shareholder deadlock, or failure to commence business), and recommend the most suitable mode (Voluntary vs. Compulsory).
Drafting the Petition: We prepare a meticulous Winding-Up Petition under Section 241/245 of the Companies Act, detailing the justifications and supported by a strong legal affidavit.
Representation in High Court: Our expert advocates represent you before the Company Bench of the High Court Division, moving the application for admission and obtaining necessary orders.
Liaison with Official Liquidator: Once the court appoints an official liquidator, we coordinate to ensure all assets are valued and liabilities are settled according to law.
Compliance with RJSC: we handle all filings with the Registrar of Joint Stock Companies and Firms (RJSC), ensuring that the winding-up order is recorded within the mandatory 30-day window.
Documents Required from the Client
To prepare a robust application for the High Court, you must submit the following documents to us:
Constitutional Documents: Original or certified copies of the Memorandum of Association (MoA) and Articles of Association (AoA).
Incorporation Certificate: A copy of the Certificate of Incorporation issued by RJSC.
Financial Records: * Latest Audited Balance Sheets and Profit & Loss Accounts.
A detailed Statement of Affairs (List of assets, liabilities, and names of creditors).
Corporate Resolutions: * Certified copy of the Board Resolution recommending winding up.
Certified copy of the Special Resolution passed in the Extraordinary General Meeting (EGM).
Legal Certificates: * Declaration of Solvency (verified by affidavit), if the company is solvent.
Tax (TIN) and VAT registration certificates.
Debt Evidence: If the petition is being filed by a creditor, copies of unpaid invoices, demand notices (Section 242 notice), and correspondence are mandatory.
Trade License & Other Permits: Copies of the current trade license and any industry-specific licenses.
Banking & Finance
Banking & Finance
Banking & Finance
Banking & Finance
At Equity Law House, our Banking & Finance practice is designed to navigate the rigorous regulatory landscape of Bangladesh while providing high-end advisory for international transactions. We bridge the gap between financial stability and legal enforcement.
1. Banking & Financial Services Available
We provide a comprehensive range of services for both lenders (banks/NBFIs) and borrowers:
Loan Recovery & Litigation: Handling cases under the Artha Rin Adalat Ain, 2003 (Money Loan Court Act) for speedy debt recovery.
Cheque Dishonor Cases: Filing and defending criminal proceedings under Section 138 of the Negotiable Instruments (NI) Act, 1881.
Security Documentation: Drafting and vetting complex legal documents including Mortgages, Deeds of Hypothecation, Personal/Corporate Guarantees, and Pari-Passu Charge documents.
Regulatory Compliance: Advising on Bangladesh Bank circulars, BRPD regulations, and Foreign Exchange (FE) guidelines for cross-border transactions.
Syndicated & Project Finance: Managing multi-bank loan arrangements and structured finance for large-scale infrastructure projects.
2. Forums of Operation
National (Bangladesh)
Artha Rin Adalat (Money Loan Court): The primary forum for recovery of loans by banks and financial institutions.
High Court Division: Handling Writ Petitions against illegal bank actions, stay orders on auctions, and appeals against Money Loan Court decrees.
District Courts & Magistrates: For NI Act (cheque bounce) cases and criminal fraud/forgery in banking.
International (Abroad)
International Tribunals: We assist in cross-border financial disputes, especially those involving External Commercial Borrowings (ECB) or foreign-funded projects.
Liaison with Foreign Counsel: We work with international law firms to enforce Bangladeshi court decrees against assets held by defaulters in foreign jurisdictions (e.g., UK, Canada, USA, UAE).
3. Arbitration in Banking: National & International
While many banking disputes go to court, high-value commercial finance increasingly utilizes Arbitration.
National Extent: We represent clients in arbitrations under the Arbitration Act, 2001 for private lending agreements or partnership financial disputes.
International Nature: For international trade finance or investment disputes, we deal with forums like BIAC (Bangladesh), ICC (Paris), or SIAC (Singapore).
Nature of Cases: We handle disputes related to Letter of Credit (L/C) defaults, guarantee enforcement, and interest rate miscalculations in cross-border loan facilities.
4. Documents Required to Win Your Case
For the Claimant (Bank/Financial Institution)
Sanction Letter & Facility Offer: The primary proof of the agreed loan amount and interest rates.
Loan Agreement & Security Documents: Original mortgage deeds, hypothecation agreements, and guarantee forms.
Account Statements (Certified): Under the Bankers' Books Evidence Act, a certified statement showing the exact default amount.
Demand Notice & AD (Acknowledgement Due): Proof that a formal legal notice was sent to the borrower before filing the suit.
Cheque & Return Memo: original dishonored cheque and the bank's reason for return (for NI Act cases).
For the Respondent (Borrower/Defaulter)
Payment Receipts: Evidence of any partial payments or installments made that were not credited.
Correspondence for Restructuring: Emails or letters showing the bank agreed to reschedule the loan.
Audit Reports: Independent financial audits if the bank's calculation of interest or "hidden charges" is disputed.
Stay Orders/Injunctions: Any existing court orders from higher courts that prevent the bank from taking action (e.g., auction).
Evidence of Force Majeure: Documents proving that the default was due to circumstances beyond control (if applicable under the contract).
Tax, VAT, Customs
Tax
Tax, VAT, Customs
Tax
At Equity Law House, our Fiscal Law practice covers the entire spectrum of revenue-related matters, including Income Tax, VAT, and Customs. We provide strategic counsel to both multinational corporations and local entities to navigate the complexities of the National Board of Revenue (NBR) and international tax treaties.
1. Types of Fiscal Services Available
Tax Advisory & Structuring: Designing tax-efficient corporate structures, managing cross-border transfer pricing, and advising on double taxation avoidance.
Customs & Trade Law: Handling disputes over HS Code classification, transaction valuation, and anti-dumping/countervailing duties.
VAT Compliance & Agency: Serving as a VAT Agent for foreign organizations and advising on input tax credits and rebates.
Litigation & Appeals: Representing clients in administrative appeals, tribunals, and higher courts for revenue disputes.
2. Forums of Operation
National (Bangladesh)
Administrative Authorities: Commissioner of Taxes, Commissioner (Appeals), and the NBR Facilitators for ADR.
Appellate Tribunals: The Taxes Appellate Tribunal and the Customs, Excise, and VAT Appellate Tribunal.
High Court Division: Filing Writ Petitions to challenge the legality of tax assessments, stay recovery proceedings, or interpret constitutional fiscal issues.
International (Abroad)
Mutual Agreement Procedures (MAP): Engaging with foreign tax authorities under bilateral tax treaties to resolve double taxation.
Foreign Courts: Collaborating with international partners to handle fiscal issues for Bangladeshi companies operating in jurisdictions like the UK, USA, or Singapore.
3. Arbitration in Fiscal Matters
Fiscal arbitration is a specialized field where we handle disputes that intersect commercial contracts and sovereign tax claims.
National Extent: Under the Arbitration Act, 2001, we deal with "Tax-Incidental Arbitration"—commercial disputes where tax liabilities (like who pays the VAT or AIT) are a core point of contention between private parties.
International Nature: We deal with International Tax Arbitration under the OECD Model Convention or Bilateral Investment Treaties (BITs). This often occurs when a foreign investor claims that a new tax law is "discriminatory" or amounts to "indirect expropriation" of their investment.
Nature of Cases: Disputes involving treaty overrides, permanent establishment (PE) status, and royalty/fee characterization for tax purposes.
4. Documents Required to Win Your Case
For the Claimant (Taxpayer Challenging an Assessment)
The Assessment Order/Demand Notice: The document being challenged.
Proof of Tax Payment (Challans): Evidence of advance tax, AIT, or the mandatory 10%–25% deposit required for filing an appeal.
Books of Accounts: Audited financial statements, ledgers, and bank statements to prove actual income/expenses.
HS Code Technical Data: For customs cases, manufacturer's specifications and international precedents on classification.
Contractual Proof: Joint Venture or Service Agreements to prove the nature of payments (e.g., distinguishing between a "loan" and "taxable income").
For the Respondent (Defense against Revenue Claims)
Exemption Certificates: SROs (Statutory Regulatory Orders) or NBR permissions granting tax holidays or duty waivers.
Correspondence with NBR: Copies of previous clarifications or rulings obtained from the tax authorities.
Transfer Pricing Study: A professional report proving that cross-border transactions were conducted at "arm’s length."
Invoices & Bill of Entry: Documentation proving that duties were already paid at the port of entry.
Expert Opinions: Legal or accounting opinions that support a specific interpretation of the Income Tax Act, 2023 or the VAT Act, 2012.
Labour & Employment Issue
Employment & Labor
Labour & Employment Issue
Employment & Labor
At Equity Law House, we provide comprehensive legal solutions for employment and labor-related matters, balancing the rights of the employer and the employee. We operate strictly within the framework of the Bangladesh Labour Act, 2006 and the Labour Rules, 2015, while also managing international compliance for multinational firms.
1. Types of Labour Services Available
We handle a wide array of workplace disputes and compliance issues:
Termination & Dismissal: Handling cases of wrongful termination, misconduct, retrenchment, and lay-offs.
Wage & Benefit Claims: Recovery of unpaid salaries, overtime, maternity benefits, and gratuity/provident fund dues.
WPPF & Profit Sharing: Ensuring compliance with Workers' Profit Participation Funds.
Compliance Audits: Drafting and vetting HR Policies, Service Rules, and Employment Contracts to ensure they align with local laws.
Trade Union & Collective Bargaining: Advising on union formation, industrial disputes, and collective bargaining agreements (CBA).
2. Forums of Operation
National (Bangladesh)
Labour Courts: The primary forum for individual grievances (Section 213) and industrial disputes. We represent clients in the 13+ Labour Courts across the country.
Labour Appellate Tribunal: Handling appeals against the orders and judgments of the Labour Courts.
High Court Division: Filing Writ Petitions against the decisions of the Appellate Tribunal or for the enforcement of fundamental labor rights.
Directorate of Inspection for Factories and Establishments (DIFE): Handling administrative complaints and factory license issues.
International (Abroad)
ILO Compliance: Advising multinational corporations (MNCs) on complying with International Labour Organization standards.
Cross-Border Employment: Resolving disputes for Bangladeshi expatriates working abroad or foreign nationals working in Bangladesh (in coordination with foreign partners).
3. Arbitration & ADR in Labour Matters
Labor law in Bangladesh strongly emphasizes Alternative Dispute Resolution (ADR) before formal litigation.
National Extent: Under Section 210 of the Labour Act, we act as representatives in mandatory Conciliation and Participation Committee meetings. If conciliation fails, parties can opt for voluntary Arbitration.
Nature of Arbitration: We deal with "Industrial Dispute Arbitration" where a neutral arbitrator is appointed to settle disputes regarding wages, working conditions, or collective rights.
International Nature: We represent clients in "International Labour Arbitration" for top-tier executives or specialized staff under international contracts where a foreign seat of arbitration (like Singapore or Dubai) is chosen.
4. Documents Required to Win Your Case
For the Claimant (The Employee)
Appointment Letter & ID Card: Primary proof of the employer-employee relationship.
Salary Slips/Bank Statements: To prove the last drawn wage and any unpaid dues.
Termination/Dismissal Letter: The document being challenged.
Grievance Notice: Proof that a written grievance was submitted to the employer within 30 days (mandatory for Section 33 cases).
Correspondence: Copies of emails, WhatsApp messages, or letters related to the dispute.
For the Respondent (The Employer)
Service Rules: Proving that the company followed its own approved internal policies.
Show-Cause Notice & Inquiry Report: Crucial for proving that a "Domestic Inquiry" was conducted fairly before dismissing an employee for misconduct.
Attendance & Payroll Records: To defend against claims of unpaid overtime or unauthorized absence.
Resignation Letter (if applicable): To prove that the separation was voluntary and not a forced termination.
Proof of Payment: Final settlement receipts, cheque copies, or bank transfer confirmations.
High Court Issues
Lawsuits & Disputes
High Court Issues
Lawsuits & Disputes
At Equity Law House, our High Court practice is divided into two major spheres: Constitutional (Writ) Jurisdiction and Ordinary Original Jurisdiction. We provide strategic representation in cases where the High Court acts as the court of first instance.
1. High Court Original Jurisdiction Issues
Ordinary Original Jurisdiction refers to specific types of cases that must be started directly in the High Court, bypassing lower courts. Our firm specializes in:
Company Matters: Winding up, share transmission disputes, and rectification of the share register under the Companies Act, 1994.
Admiralty Matters: Ship arrests, cargo claims, and collision disputes under the Admiralty Court Act, 2000.
Banking Matters: Specific high-value claims under the Bank Companies Act, 1991.
Intellectual Property: Urgent injunctions and trials regarding Trademarks, Patents, and Copyrights.
Contempt of Court: Proceedings to enforce court orders that have been willfully disobeyed.
2. Writ Jurisdiction (Constitutional Remedy)
Under Article 102 of the Constitution of Bangladesh, we file Writs to protect your fundamental rights against illegal state actions. The five types we handle are:
Mandamus: To compel a public authority to perform a legal duty they are neglecting.
Certiorari: To quash an illegal order passed by a lower court, tribunal, or government officer.
Prohibition: To stop a lower authority from acting beyond its legal powers.
Habeas Corpus: To secure the release of someone unlawfully detained (by police or private parties).
Quo Warranto: To challenge the legality of someone holding a public office.
3. Arbitration in the High Court
While the High Court is a judicial forum, it plays a vital role in the Arbitration process under the Arbitration Act, 2001:
Appointment of Arbitrators: If the parties cannot agree on an arbitrator (especially in International Commercial Arbitration), we apply to the High Court to appoint one.
Setting Aside Awards: If an arbitration award is tainted by fraud or procedural unfairness, we file an application to set it aside.
Interim Measures: We obtain urgent "Stay Orders" or injunctions from the High Court to protect assets while an arbitration is pending.
Enforcement: We handle the execution of both domestic and foreign arbitral awards as if they were decrees of a court.
4. Documents Required to Win Your Case
For the Petitioner (The One Filing the Suit/Writ)
The Impugned Order: A certified copy of the specific government notice or court order you are challenging.
Vakalatnama: A formal authorization allowing our advocates to represent you.
Demand for Justice (Notice): Proof that you asked the authority for a remedy before coming to court (mandatory for Mandamus).
Supporting Evidence: Title deeds, contracts, or bank statements that prove your "Locus Standi" (your right to sue).
Affidavit: A sworn statement verifying that all facts in your petition are true.
For the Respondent (The One Defending)
Affidavit-in-Opposition: A detailed point-by-point reply to the Petitioner's claims.
Relevant Statutes/Circulars: Government rules or SROs that justify the action taken.
Administrative Records: Internal files or minutes of meetings that show the decision was made following due process.
Proof of Alternative Remedy: Evidence that the Petitioner could have solved the issue in a lower court or through an appeal elsewhere (a strong ground for dismissal of a Writ).
Company Compliances
Corporate Governance
Company Compliances
Corporate Governance
At Equity Law House, we provide a dedicated Corporate Compliance & Regulatory wing. We ensure that companies operating in Bangladesh—from local startups to Fortune 500 subsidiaries—remain in full alignment with the Companies Act, 1994, and the directives of the BSEC (Bangladesh Securities and Exchange Commission).
1. Types of Company Compliance Services
Our services cover the entire lifecycle of a corporation:
Annual Statutory Compliance: Preparation and filing of Annual Returns (Form XVIII), Financial Statements, and scheduling of Annual General Meetings (AGM).
Capital Market Compliance (for Listed Companies): Ensuring adherence to BSEC’s Corporate Governance Code, Insider Trading regulations, and Price Sensitive Information (PSI) disclosure rules.
Post-Incorporation Secretarial Services: Handling share transfers, share allotments (Form XV), changes in directorship (Form XII), and registered office updates (Form VI).
Foreign Investment Compliance (BIDA/Bangladesh Bank): Facilitating profit repatriation, foreign loan approvals, and compliance with the Foreign Exchange Regulation Act.
Corporate Governance Audits: Performing "Compliance Health Checks" to identify potential risks before regulatory inspections or M&A transactions.
2. Forums of Operation
National (Bangladesh)
RJSC (Registrar of Joint Stock Companies & Firms): We act as your primary liaison for all statutory filings and rectifications.
BSEC & Stock Exchanges (DSE/CSE): Representing clients in hearings regarding regulatory breaches, penalty measures, or IPO/Right Issue approvals.
High Court Division (Statutory Original Jurisdiction): Filing petitions for the Rectification of the Share Register (Section 43) or seeking condonation of delay for late filings.
International (Abroad)
Cross-Border Subsidiary Management: We assist Bangladeshi companies in complying with the local laws of foreign jurisdictions where they have branch offices (e.g., Dubai, Singapore).
Global Compliance Mapping: Aligning a multinational’s global "Code of Conduct" with the specific mandatory laws of Bangladesh.
3. Nature and Extent of Arbitration
In the corporate world, compliance disputes often lead to "Shareholder Deadlocks" or "Joint Venture Conflicts," which we resolve through Arbitration.
National Nature: We handle disputes arising from Shareholders' Agreements (SHA) or Joint Venture Agreements (JVA). If a majority shareholder violates a "Right of First Refusal" or "Anti-Dilution" clause, we initiate arbitration under the Arbitration Act, 2001.
International Extent: For companies with foreign equity, we deal with International Commercial Arbitration. This involves disputes governed by international rules (ICC/SIAC) where the breach of compliance (e.g., failure to appoint a foreign director) is the core issue.
The "Lifting the Corporate Veil" Doctrine: In both national and international arbitration, we deal with cases where the "corporate shield" is challenged to hold parent companies or directors personally liable for non-compliance.
4. Documents Required to Win Your Case
For the Claimant (The One Alleging Non-Compliance)
Certified Copy of MoA & AoA: To prove the company’s internal rules were violated.
Shareholders' Agreement (SHA): Crucial evidence for proving contractual compliance obligations.
Certified RJSC Documents: Forms XII, XV, or XVIII that show discrepancies or unauthorized changes.
Minutes of Board Meetings/AGM: To prove that a decision was taken without a proper quorum or notice.
Correspondence/Notices: Demand notices sent to the company or board members regarding the breach.
For the Respondent (The Company/Director Defending)
Proof of Filing: Acknowledgement slips from RJSC or BSEC proving that filings were done on time.
Notice of Meetings: Courier receipts or email logs proving that all shareholders were properly invited to the AGM/EGM.
Independent Audit Reports: To verify that financial compliance was maintained as per IFRS/BAS standards.
Board Resolutions: Signed and dated resolutions authorizing the actions being challenged.
Regulatory Clearances: Approvals from BIDA, Bangladesh Bank, or NBR that justify the company's fiscal or operational conduct.
Corporate-Commercial & Drafting
Corporate & Commercial
Corporate-Commercial & Drafting
Corporate & Commercial
At Equity Law House, our Corporate-Commercial and Drafting practice is the cornerstone of our firm. We provide a seamless transition from the "Drafting Table" to the "Courtroom," ensuring that every contract is not only a commercial tool but also a solid legal defense.
1. Corporate-Commercial & Drafting Services
We handle a wide range of transactional and operational legal needs:
Complex Contract Drafting: We specialize in high-value agreements such as:
Shareholders’ Agreements (SHA) & Joint Venture Agreements (JVA).
Merger & Acquisition (M&A) documents (SPAs, APAs, and Due Diligence reports).
EPC (Engineering, Procurement, Construction) & O&M (Operation & Maintenance) Contracts.
Franchise, Licensing, and Technology Transfer Agreements.
Vetting & Legal Opinions: Providing formal "Legal Opinions" on the validity of contracts and "Vetting" (reviewing) documents prepared by counter-parties to identify hidden risks.
Corporate Secretarial: Drafting Board Resolutions, Minutes of Meetings, and Power of Attorneys (POA).
Policy Drafting: Creating customized HR Manuals, Employee Handbooks, and Internal Compliance Policies.
2. Forums of Operation (Bangladesh & Abroad)
National (Bangladesh)
High Court Division (Original Jurisdiction): We file petitions directly in the High Court for Company Matters (e.g., share rectification under Section 43 or winding up under Section 241 of the Companies Act).1
Civil Courts: Representing clients in Money Suits or Suits for Specific Performance in the District Courts for contract breaches.
Regulatory Bodies: Acting as a liaison with the RJSC, BSEC, and BIDA for approvals and compliance filings.
International (Abroad)
Cross-Border Transactions: We work with international law firms to draft and review contracts governed by foreign laws (e.g., English Law or Singapore Law) for Bangladeshi clients expanding overseas.
Foreign Jurisdiction Representation: Assisting in "Conflict of Law" issues where a contract involves multiple countries.
3. Commercial Arbitration: National & International
Arbitration is the preferred method for resolving the commercial disputes we handle:
National Nature: Governed by the Arbitration Act, 2001.2 We handle "Domestic Arbitration" for local supply chain disputes, construction delays, or partnership fallout.
International Extent: We represent clients in high-stakes International Commercial Arbitration in global seats like London (LCIA), Singapore (SIAC), and Paris (ICC).
Specialized Nature: We deal with "Investor-State Dispute Settlement" (ISDS) and "Investment Arbitration" where foreign investors have disputes with government agencies.
4. Documents Required to Win Your Case
The outcome of a commercial case is almost always decided by the quality of the "Paper Trail."
| For the Claimant (The Suing Party) | For the Respondent (The Defending Party) |
|---|---|
| The Main Agreement: The signed contract containing the arbitration or jurisdiction clause. | Evidence of Waiver: Emails or letters showing the Claimant agreed to a change in terms. |
| Notice of Breach: Formal letters or emails sent to the other party identifying their failure. | Force Majeure Documentation: Proof of events beyond your control (e.g., pandemic, war, strike). |
| Proof of Performance: Invoices, delivery receipts, or milestone completion certificates. | Counter-Notice: Your formal reply to the "Notice of Breach" defending your position. |
| Calculation of Damages: Audit reports or financial statements proving the exact loss incurred. | Payment Proofs: Bank transfer confirmations showing that you fulfilled your financial duties. |
| Expert Testimony: Technical reports (for construction or tech disputes) supporting your claim. | Minutes of Mutual Settlement: Any records of meetings where both sides tried to compromise. |
Property 360 Services
Property Damage
Property 360 Services
Property Damage
At Equity Law House, our Real Estate and Property Law practice is one of our most active departments. We provide a 360-degree service covering everything from "Title Due Diligence" to "Recovery of Possession."
1. Types of Property Services Available
We handle a broad range of civil and regulatory property issues:
Title Search & Vetting: Scrutinizing the chain of ownership (Baya Deeds) from 1932 (CS) to the latest BS records to ensure a "clear title."
Documentation & Registration: Drafting and registering Sale Deeds, Gift Deeds (Heba), Partition Deeds, and Irrevocable Powers of Attorney.
Mutation & Tax Compliance: Assisting in "Namjari" (Mutation) at the AC Land office and ensuring Land Development Tax (Khajna) is updated.
Real Estate Development Support: Drafting Joint Venture Agreements (JVA) between landowners and developers and resolving apartment handover disputes.
Litigation (Suits):
Partition Suit: For the division of inherited property.
Specific Performance Suit: To compel a seller to complete a sale after taking an advance (Baina).
Recovery of Possession: Under Section 8 or 9 of the Specific Relief Act.
2. Forums of Operation in Bangladesh
We represent clients in all key judicial and administrative forums:
Civil Courts (Assistant Judge to District Judge): The primary forum for ownership, partition, and possession suits.
Land Survey Tribunal: For correcting errors in the latest Record of Rights (Khatian/Porcha).
High Court Division: For Writ Petitions against illegal government acquisitions or vested property claims, and First Appeals.
AC Land & Sub-Registry Offices: For administrative matters like mutation and deed registration.
Executive Magistrate Court: For urgent "Section 145" cases to prevent breach of peace and illegal dispossession.
3. Nature and Extent of Arbitration in Property
While property ownership is generally a matter for the Civil Courts, Arbitration is widely used in commercial real estate:
Nature: Primarily used in Real Estate Development Disputes. Under the Real Estate Development and Management Act, 2010, disputes between a landowner and a developer regarding the sharing of flats or delays in construction are often referred to arbitration.
Extent: We deal with both Ad-Hoc and Institutional Arbitration (e.g., via BIAC). If your JVA has an arbitration clause, you must go to arbitration before the court will entertain the case.
National Reach: We handle arbitration across major cities (Dhaka, Chattogram, Sylhet) to resolve "Flat Allocation" or "Breach of JVA" issues.
4. Documents Required to Win Your Case
Property cases in Bangladesh are won on the strength of "Khatians" and "Deeds."
| For the Claimant (The One Suing) | For the Respondent (The Defendant) |
|---|---|
| Original Title Deed: The primary proof of purchase or gift. | Evidence of Possession: Utility bills (Gas, WASA, Electricity) in your name. |
| Baya Deeds: The chain of previous deeds showing how the seller got the land. | Up-to-date Land Tax (DCR): Proof that the government recognizes you as the taxpayer. |
| Mutation Khatian: Proof that your name is in the government's Record of Rights. | Inheritance/Warish Certificate: To prove your right as a legal heir. |
| Certified Copies of Khatians: CS, SA, RS, and the latest BS/City Survey Porcha. | Court Stay Orders: Any previous injunctions that protect your current status. |
| Physical Possession Evidence: Photographs, boundary walls, or local witness testimony. | Counter-Survey Report: A report from a certified Amin showing the boundaries are correct. |