Judicial Review (Writ) and Waqf Ordinance

At The Justice Corner, we specialize in judicial review of administrative decisions, a crucial area of litigation that is becoming increasingly relevant as businesses and individuals encounter more government regulations, permits, and licensing requirements. With the rapid growth of industries, the demand for licenses, permits, environmental clearances, and no-objection certificates (NOCs) has surged. This expansion has brought about an increase in disputes arising from administrative rules, regulations, guidelines, and statutory provisions that govern business operations.

Our litigation team is highly skilled in this field and has a proven track record of representing clients in disputes against administrative actions taken by various state departments. Whether challenging decisions made by regulatory bodies, securing the necessary permits, or protecting clients’ rights during administrative proceedings, The Justice Corner is the trusted partner for businesses seeking legal support and counsel in navigating the complexities of administrative law.

Key Areas of Expertise

1. Judicial Review of Administrative Decisions

Administrative bodies in Bangladesh, such as the VAT/Customs Tribunal, local government departments, and other regulatory agencies, often make decisions that can directly affect businesses and individuals. These decisions can include actions related to permits, fines, licenses, taxes, and regulatory compliance.

At The Justice Corner, our litigation team specializes in judicial review, which allows us to challenge decisions made by administrative agencies that are deemed unlawful, unreasonable, or procedurally improper. We represent clients seeking to contest decisions that adversely affect their operations, such as:

Refusal or delay of licenses, permits, or NOCs
Fines, penalties, or confiscation of goods imposed by regulatory authorities
Incorrect classification of goods under the H.S. Code, affecting customs duties and import/export compliance
Cancellations of rebates, bond licenses, or tax exemptions

Our team uses judicial review to ensure that businesses’ rights are upheld and that the government follows due process when making decisions that impact commerce and trade.

2. Disputes Over Administrative Rules and Regulations

The complexity of administrative rules, regulations, standards, and bylaws can often create confusion for businesses, particularly in fast-moving sectors such as trade, import/export, manufacturing, and services. We provide expert legal advice to businesses on compliance with these often intricate requirements, helping them avoid disputes and ensuring that they can continue their operations smoothly.

Our lawyers assist clients in interpreting and complying with government rules, guiding them through the procedural requirements for obtaining licenses, environmental clearances, and permits. In cases where businesses are subject to administrative actions that they believe are unjust, we offer strategic representation before the relevant tribunals and courts.

3. Representation Before Administrative Tribunals

The Justice Corner has extensive experience representing clients before administrative tribunals such as the VAT and Customs Tribunals. These bodies have specialized jurisdiction over tax, customs, and other regulatory matters, and our firm is well-versed in presenting complex cases involving taxes, customs duties, penalties, and the classification of imported goods.

We represent clients in matters including:

Challenges to the imposition of fines related to customs violations, VAT issues, and tax discrepancies
Confiscation or seizure of goods by customs authorities
Disputes concerning the classification of goods under the Harmonized System (HS) Code, which can affect duties, taxes, and trade regulations
Cancellation of rebates or exemptions granted to businesses under the law
Bond license issues relating to the importation of goods

Our team works diligently to safeguard our clients’ interests before administrative tribunals, ensuring that the legal procedures are followed and that unjust decisions are overturned.

4. Writ Petitions in Superior Courts

In addition to representing clients before administrative tribunals, we also assist clients with filing writ petitions before the Supreme Court of Bangladesh (both High Court Division and Appellate Division) when administrative decisions violate constitutional rights or exceed legal authority. Writ petitions are a powerful tool for challenging unlawful administrative actions that negatively impact businesses, individuals, or organizations.

Our team has successfully represented numerous clients in writ petitions, including businesses like ACI Limited, RPM Motors, and Transcom Limited, in matters involving VAT and Customs regulations. In these cases, we argued that the administrative decisions were made in violation of the clients’ constitutional rights, seeking redress from the court.

5. Representation in Service Matters

In addition to corporate and business-related judicial reviews, The Justice Corner also handles significant service matters involving government entities and public sector organizations. Employees working in both the public and private sectors often face challenges related to their rights in service matters, including disputes concerning promotions, termination, pensions, and other employment conditions.

We have represented clients in landmark service cases, including disputes related to government agencies such as the Bangladesh Rural Development Board (BRDB) and BASIC Bank Limited. Our legal team successfully challenged decisions that infringed upon employees’ rights to equality, fair treatment, and due process.

We provide legal support in service matters involving:

Promotions and career advancement within government organizations
Unlawful termination or wrongful dismissal from service
Payment issues such as salary disputes, bonuses, and pensions
Employee rights, including fundamental rights related to equality, equal protection of the law, and safeguards against unfair treatment

6. Enforcement of Fundamental Rights

One of the most crucial areas in which The Justice Corner operates is the enforcement of fundamental rights. The firm actively represents individuals and organizations in cases where fundamental rights, such as the right to life, liberty, property, equality, and freedom of expression, have been violated by administrative actions.

Our team has been involved in numerous proceedings concerning fundamental rights, ensuring that these rights are protected in accordance with the Constitution of Bangladesh. This includes:

Right to life and liberty: Challenging unlawful arrests, detention, or restrictions on personal freedoms
Equality before the law: Ensuring fair treatment in administrative decisions and challenging discriminatory policies or actions
Freedom of expression, association, movement, and religion: Defending individuals or organizations whose rights to express their views, associate freely, or practice their religion have been restricted
Right to property: Representing clients whose property rights have been infringed upon by unlawful administrative action

We believe in safeguarding the fundamental rights of citizens, and our litigation team is committed to ensuring that our clients receive justice when their rights are at stake.

Notable Cases and Representations

ACI Limited, RPM Motors, and Transcom Limited: We have successfully represented these corporate giants in VAT and Customs-related matters, challenging administrative decisions before the writ jurisdiction of the High Court Division of the Supreme Court of Bangladesh.
Bangladesh Technical Education Board: Our firm represented the Bangladesh Technical Education Board in a significant service matter that hinged on the Rules of Business and the powers of the Ministry of Education. This case was instrumental in clarifying administrative powers and ensuring that the rights of employees in educational institutions were upheld.
Bangladesh Rural Development Board and BASIC Bank Limited: We represented employees in service disputes, protecting their rights and securing favorable rulings in matters related to promotions, termination, and employee benefits.

Judicial review of administrative decisions is an increasingly critical area of law, especially in a rapidly growing economy where regulatory challenges are common. The Justice Corner provides unparalleled expertise in this field, offering businesses and individuals expert advice and representation in administrative matters. Whether you’re challenging the imposition of fines, seeking to obtain permits or licenses, or defending your fundamental rights, our team is here to help. Contact us today for a consultation to learn how we can support you in navigating administrative law and securing your interests.