by Pymes Law | Feb 5, 2024 | Uncategorized
In the process of upholding justice and ensuring the enforcement of fundamental rights worldwide, writs are important elements that play an important role. In every single legal system in the world, this is true. Writ jurisdiction is given considerable importance in Bangladesh when it comes to protection of individual rights and maintenance of rule of law. This is especially true in upholding the rule of law.
Introduction to Writs
Courts have the power to issue writs, which are legal orders, to enforce rights or correct wrongs. Not only are they essential elements of the legal system, they are also powerful tools for the purpose of judicial review. The High Court Division in Bangladesh is the exercise of writ jurisdiction. It empowers it to issue writs specifically for the purpose of upholding the fundamental rights guaranteed by the Constitution.
Types of Writs in Bangladesh
There are five types of writs available in Bangladesh:
Habeas Corpus: Ensures the release of an unlawfully detained person.
Mandamus: Enjoins public officials from performing their duties.
Certiorari: reviews lower court decisions to confirm validity.
Prohibition: Prevents lower courts from exceeding their jurisdiction.
Quo Warranto: Challenges the legitimacy of a person holding public office.
Writ Jurisdiction in Bangladesh
The High Court Division has ample jurisdiction to issue writs, embracing all matters relating to fundamental rights. This authority extends to the entire range of fundamental rights. Everyone is guaranteed access to justice as a result of its jurisdiction, including both constitutional and legal issues. It ensures that everyone has access to justice.
Conditions for filing writs
To be able to file a writ petition, a petitioner must have locus standi, which implies that they have a legal interest in the matter. This is necessary to allow the applicant to do so. Additionally, it is often considered essential to exhaust all other available remedies before resorting to writ jurisdiction. This is the case most of the time.
execution of writ
When a writ is issued by the court, it is the responsibility of the authority concerned to comply with the directions contained in the writ. If the requirements for compliance are not satisfied, contempt action is likely to be taken against the competent authority.
Challenge to Execution of Writ
Even though the legal framework is in place, it prevents proper execution of the writ. These obstacles include delays and non-compliance by authorities. The purpose of writ jurisdiction is undermined by this concern, which makes it more difficult to seek justice.
Landmark case
There have been several landmark decisions in Bangladesh which have influenced the jurisprudence on writs. These rulings set the standard for future legal interpretation and ensured that state officials could be properly held accountable.
Role of Judiciary in ensuring execution of writ
The Judiciary is responsible for ensuring that court directions are followed and overseeing the execution of writs, both of which are very important roles. In order to enforce conformity and maintain the rule of law, it uses the power of contempt that it has.
Importance of Writ in ensuring Justice
Writs are issued for the purpose of protecting the fundamental rights of the people and to act as a safeguard against arbitrary measures taken by the State. They play an essential role in ensuring that power structures remain stable and that authorities are held accountable for their actions.
Compared to other legal remedies
Unlike appeals and revisions, which are primarily concerned with correcting errors of law, writs are preventive measures used to protect individual liberties and protect against wrongdoing. They provide speedy redress and are often crucial when fundamental rights are violated.
Recent Developments
The recent amendments to the Writs Act are aimed at streamlining the procedures and enhancing the efficiency of the writ jurisdiction. Judicial reforms seek to address systemic problems and improve access to justice for all citizens.
Public awareness and awareness
While legal awareness regarding writs is increasing, there is a need for greater public education about the significance and usefulness of writ jurisdiction. Increasing legal literacy can empower individuals to assert their rights effectively.
Future Possibilities
The future of writ jurisdiction in Bangladesh lies in its continuous adaptation to the growing legal challenges and social needs. Efforts to strengthen the process of writ execution and increase transparency will be essential to ensure justice for all.
Conclusion
Writ jurisdiction is a cornerstone of the legal system in Bangladesh, which provides a mechanism for the enforcement of fundamental rights and accountability of authorities. Execution of writs is essential for upholding the rule of law and ensuring justice for all citizens.
by Pymes Law | Feb 5, 2024 | Uncategorized
Winding up of company refers to the legal process of closing a company permanently. It is a procedure by which the company ceases to exist as a separate legal entity after filing for dissolution under the supervision of a liquidator.
During this critical period of the company’s existence, the liquidator oversees and manages its assets to ensure that the interests of the stakeholders are not compromised. Eventually dissolution occurs, where the Registrar of Companies dissolves the company and strikes the name off the register. Consequently, the company ceased to exist.
Pursuant to Section 245 of the Companies Act, 1994 (“the Companies Act”), a petition for winding up may be submitted jointly or severally by a creditor, company or contributory. As per Section 235 of the Companies Act every present and former member of the company is bound to contribute an amount sufficient to cover the company’s debts, liabilities, charges, and liquidation expenses in case of winding up of the company.
The term “contributory” is defined in section 237 to mean that every person liable to contribute to the assets of a company in the event of a winding up. However, if the former member has not been a member for more than one year after the commencement of the termination or has not remained a member for any contractual business obligation, or if the current member is not a member making the required contribution, the former member shall be relieved of the obligation to make such contribution.
However, in the case of a limited company, no member (present or past) shall be liable to pay any excess of unpaid sums on the shares for which he is liable. In case of dissolution of a limited company, the liability of the directors (present or past) is unlimited.
According to Sections 239 and 240 of the Companies Act, on the death of a contributory, their representatives and heirs are liable to contribute to the assets of the company. On the other hand, in case of bankruptcy, the assignee shall act in the capacity of contributory and the cost of any payment made in the form of such contribution shall be borne by the estate of the bankrupt.
Procedure for winding up a company
Liquidation proceedings are initiated by filing a petition under the Companies Act, after which the court appoints a liquidator. Also, the winding up order has to be filed with the Registrar of Joint Stock Companies and Firms. There are several reasons for winding up a company- Case of Rohimuddin Ahmed Vs. Bengal Water Ways Ltd., (1979) 31 DLR 28 stated some of the grounds justifying the winding up of a company under Section 162 of the Companies Act, 1913 (corresponding to Section 241 of the Companies Act, 1994).
In this case, three grounds were laid down for winding up a company- firstly if there is default in filing a statutory report, secondly if the statutory meeting is held, thirdly if the company is unable to pay its debts or the court is of the opinion that it is just and equitable that the company Should be wound up.
Apart from this, Section 241 mentions other grounds for winding up, which are not mentioned in the case, if the company decides by special resolution that the company will be wound up by the court, if the company does not resume its business within one year. from its resources, or suspends its business for a whole year; or if the number of members is reduced, in the case of a private company below two, or in the case of any other company, below seven.
Under Section 234 of the Companies Act, there are three methods of winding up a company in Bangladesh which can be:
Subject to court supervision.
Filing a winding up petition in Bangladesh
According to Section 245 of the Companies Act, a winding-up petition may be submitted by a creditor, company or contributory jointly or severally or by the Registrar. Section 235 of the Companies Act states that in case of winding up of a company, each of the present and previous owners of the entity shall pay sufficient sums to pay off the company’s debts, obligations, fees and liquidation expenses.
According to Article 237, the word contribution implies that every person is bound to contribute his assets in case of dissolution of the company. For example, in the case of Prime Finance and Investments Ltd. v. Delwar H. Khan 15 BLC (AD) 170, the High Court Division was very aware of the extensive facts of the huge debt liability of the company and was of the view that the same should be stayed accordingly when the Court granted the winding up petition of the company. and appointed the Official Receiver as liquidator and made other incidental orders.
Process of liquidation or winding up in Bangladesh
Step 1: Filing the Petition in Court
For the court to wind up a company, a petition must be filed in the Company Court in the High Court Division of the Supreme Court of Bangladesh. It should be emphasized that the court can wind up a company, and that process will be deemed to commence when the winding up petition is presented. After hearing the application, the court will issue an order for winding up the company.
Step 2: Notification to Registrar
Within 30 (thirty) days from the date of request, the applicant and the company shall file a copy of the winding-up order with the Registrar. After submitting a copy of the winding-up order, the Registrar shall record a summary in his company-related books. The Official Gazette is then notified by the Registrar that such an order has been made. Such order shall be deemed to be a notice of discharge to the employees of the Company, except in cases where the Company continues to operate.
Step 3: Appointment of liquidator
The official liquidator will then be appointed by the court and the liquidator will perform his duties in accordance with the Companies Act. In case of winding up by court order all the assets and effects of the company shall be deemed to be in the custody of the court from the date of order of winding up of the company.
Step Four: Information is recorded with RJSC
The court shall issue an order winding up a company with effect from the date of the order when all affairs of the company have been completely wound up. Within 15 (fifteen) days of the order, the Official Liquidator must notify the Registrar of the order. A minute of dissolution of the company must be entered by the registrar in his books.
Voluntary liquidation or winding up of a company in Bangladesh
A company may be wound up voluntarily:
When the period specified in the articles of incorporation for the term of the company has expired or an event has occurred for which the articles provide that the company shall be dissolved, and the general meeting has passed a resolution to wind up the company voluntarily. If the company resolves by special resolution that the company will be wound up voluntarily;
If the company resolves by extraordinary resolution that it cannot continue because of its liabilities;
It should be emphasized that when the resolution for voluntary winding up is passed, the process of voluntary winding up is deemed to have commenced.
Closure subject to court supervision in Bangladesh
When a company decides to go into voluntary liquidation by way of a special or extraordinary resolution, the court may order that the voluntary liquidation shall proceed but under its supervision and on such terms as it thinks fit.
However, if the requirements of Section 241 of the Companies Act are met, the petitioner will not be debarred from doing so because other equally effective remedies are available to them, as in Amir Hussain Vs. Homeland Footwear Ltd. et al., 55 DLR 478.
It is important to note that when a winding-up order is passed at the discretion of the court, no suit or legal proceeding shall be instituted without the permission of the court in terms of section 250 of the Companies Act.
Section 242 of the Companies Act deals with whether a company is unable to pay its debts. This will be if the company owes a debt to a creditor and fails to pay the debt for three weeks, if any execution or other proceeding issued pursuant to a court order or decree in favor of the company’s creditor is returned in full dissatisfaction. or in part, or if it is shown convincingly to the court that the company is unable to pay its debts and the court has to accept their accounts.
Sections 316-321 of the Companies Act deal with judicial oversight. The court may issue an order requiring voluntary winding up but subject to scrutiny from the court and any conditions the court deems necessary when a company agrees to voluntary winding up by way of unique or exceptional measures. The liquidator can exercise all powers, subject to any restrictions imposed by the court, as if the company were to be voluntarily wound up entirely if a supervisory winding-up order is made.
Conclusion
In conclusion, it is important to mention that in Bangladesh, there is a frequent misunderstanding about the process of closing a company and non-payment of mortgage loans. S.S. in the matter of Bangladesh Shilpa Bank v. M/s. Mujibullah (1977) 29 DLR 67, all property and assets of the mortgagee company were assigned and mortgaged to the bank, so there was no reason to say section 162 of the Companies Act. Also, it was decided that an organization violating the state policy should not be closed down because it was temporarily unable to pay its debts.
by Pymes Law | Feb 3, 2024 | Uncategorized
Understanding market dynamics of Pharmacy Business
The pharmacy sector in Bangladesh is influenced by dynamic market forces. By identifying consumer trends, such as increasing demand for over-the-counter medications and wellness products, pharmacies can tailor their offerings to meet growing demand. Analyzing competitor strategies provides valuable insight into market gaps and competitive advantages. Moreover, keeping abreast of regulatory changes ensures compliance and increases confidence among consumers.
Optimizing the product selection
Curating a diverse range of pharmaceuticals is essential for a broad customer base. Ensures priority availability and customer satisfaction of high demand drugs. Embracing generic alternatives not only increases affordability but also broadens the product portfolio, providing more choice and value to consumers.
Enhancing the customer experience
Exceptional customer service is paramount in the pharmacy business. Implementing efficient service delivery such as faster prescription processing and home delivery options increases convenience for customers. Personalized advice increases adherence while ensuring drug availability and accessibility.
Using Digital Marketing of Pharmacy Business
In today’s digital age, pharmacies must establish a strong online presence to reach a larger audience. Engaging with social media platforms allows pharmacies to connect with customers, share valuable health tips and promote special offers. Ensures visibility in online searches using search engine optimization (SEO) techniques, driving traffic to the pharmacy’s website and physical stores.
Streamlining operations
Efficient operations are crucial to increasing productivity and reducing costs. Optimizing inventory management helps pharmacies maintain adequate stock levels while reducing wastage and stockouts. Investing in automation and technology, such as pharmacy management software and barcode systems, streamlines processes and increases accuracy. Furthermore, maintaining pharmacy reputation and credibility, ensuring regulatory compliance protection against fines and penalties.
keeping partnership
Collaborating with healthcare providers, such as doctors and hospitals, enables pharmacies to expand their customer base and referral network. Establishing strong relationships with suppliers ensures timely access to quality medicines and competitive prices. Engaging in community outreach initiatives such as health screenings and awareness campaigns strengthens the pharmacy’s relationship with the local community and increases brand visibility.
Employee empowerment
A motivated and well-trained workforce is essential for delivering exceptional service and driving business growth. Providing continuous training and development opportunities enables employees to stay updated on industry trends and best practices. Encouraging team collaboration fosters a positive work culture and increases productivity. Recognizing and rewarding employee excellence strengthens motivation and loyalty, contributing to long-term success.
Adapt to emerging trends
To remain competitive in the evolving healthcare landscape, pharmacies must embrace emerging trends and innovations. Adopting telemedicine and e-pharmacy solutions expand access to healthcare services and meet the growing demand for remote consultation and prescription delivery. Incorporating sustainable practices, such as eco-friendly packaging and energy-efficient operations, demonstrates corporate social responsibility and resonates with environmentally conscious consumers. Furthermore, preparing for health crises such as epidemics and natural disasters ensures business continuity and resilience.
FAQs
What are the regulatory requirements for opening a pharmacy business in Bangladesh?
To open a pharmacy business in Bangladesh, entrepreneurs must comply with the regulations set by the Directorate General of Drug Administration (DGDA). These include obtaining a drug license, ensuring compliance with pharmacy laws on the premises and employing qualified pharmacists.
How can pharmacies differentiate themselves in Bangladesh’s competitive market?
Pharmacies can differentiate themselves by focusing on exceptional customer service, offering a wide range of products, using technology for convenience, and engaging in community outreach activities.
What Role Does Technology Play in Modern Pharmacy Operations?
Technology plays an important role in modern pharmacy operations, streamlining processes, improving inventory management, enhancing customer experience through online services and ensuring regulatory compliance.
How can pharmacies contribute to Bangladesh’s public health?
Pharmacies play an important role in public health by providing access to essential medicines, providing health education and counseling services, promoting preventive care measures, and participating in public health initiatives.
What are the emerging trends that will shape the future of pharmacy business in Bangladesh?
Emerging trends such as telemedicine, e-pharmacy solutions, sustainable practices and health crisis preparedness are shaping the future of the pharmacy business in Bangladesh, providing opportunities for innovation and growth.
How can the pharmacy build trust and credibility with customers?
Pharmacies can build trust and credibility with customers by ensuring product quality, providing accurate information and advice, maintaining confidentiality and demonstrating a commitment to ethical practices.
Conclusion
In conclusion, successful pharmacy business in Bangladesh requires a combination of strategic planning, customer-centric approach and adaptability to emerging trends. By understanding market dynamics, optimizing product selection, enhancing customer experience, leveraging digital marketing, streamlining operations, fostering partnerships, empowering employees and adapting to emerging trends, pharmacies position themselves for long-term success in this dynamic and competitive market. can do
by Pymes Law | Feb 3, 2024 | Uncategorized
NGOs and Charitable organizations play a vital role in addressing social and economic challenges in Bangladesh. From providing healthcare and education to advocating for human rights, these organizations contribute significantly to the country’s development. However, to operate legally and effectively, NGOs and charities must undergo a registration process regulated by the government.
Legal Framework for NGOs and Charitable Organizations
The registration of NGOs and charitable organizations in Bangladesh is governed by various laws and regulations, including the NGO Affairs Bureau Order of 1978 and the Charitable and Religious Trusts Act of 1920. These laws outline the criteria for eligibility, registration procedures, and the responsibilities of registered organizations.
Requirements for Registration
To qualify for registration, NGOs and charitable organizations must meet specific eligibility criteria set forth by the government. These criteria typically include demonstrating a clear mission statement aligned with the development goals of Bangladesh, having a governing body responsible for the organization’s management, and submitting relevant documentation, such as a constitution or memorandum of association.
Registration Process
The registration process for NGOs and charitable organizations involves several steps, starting with the submission of an application to the appropriate government authority, such as the NGO Affairs Bureau or the Department of Social Services. Upon receipt of the application, officials review the documents and conduct inspections to verify the organization’s compliance with legal requirements. Once approved, the organization receives a registration certificate, allowing it to operate legally within Bangladesh.
Challenges in the Registration Process
Despite efforts to streamline the registration process, NGOs and charitable organizations in Bangladesh often face challenges and delays. Administrative bottlenecks, bureaucratic red tape, and inconsistent enforcement of regulations can hinder the registration process, leading to frustration and inefficiency for organizations seeking legal recognition.
Benefits of Registration
Despite the challenges, registering as an NGO or charitable organization offers numerous benefits. Registered organizations gain legal recognition and credibility, enhancing their ability to attract funding and resources from government agencies, international donors, and private foundations. Additionally, registration provides a framework for accountability and transparency, ensuring that organizations operate in accordance with ethical standards and regulatory requirements.
Role of Government and Oversight Agencies
The government plays a crucial role in monitoring and regulating registered NGOs and charitable organizations to ensure compliance with legal and financial regulations. Oversight agencies, such as the NGO Affairs Bureau and the Department of Social Services, conduct regular inspections and audits to assess organizational performance and address any issues of non-compliance or misconduct.
Support for NGOs and Charitable Organizations
In recognition of the important role played by NGOs and charitable organizations, the government of Bangladesh has implemented various initiatives to support the nonprofit sector. These initiatives include providing technical assistance, capacity-building training, and financial grants to help organizations strengthen their operational capacity and expand their impact on communities.
Future of NGO Registration in Bangladesh
As Bangladesh continues to evolve and develop, there is a growing recognition of the need to enhance the registration process for NGOs and charitable organizations. Efforts to streamline procedures, reduce bureaucratic barriers, and improve transparency and accountability are underway, with the goal of creating an enabling environment for civil society to thrive and contribute to the country’s development goals.
In conclusion, the registration process for NGOs and charitable organizations in Bangladesh is a critical step in ensuring their legal recognition, credibility, and effectiveness in addressing social and economic challenges. By navigating the registration process successfully and complying with regulatory requirements, organizations can maximize their impact and contribute to positive change in Bangladesh.
FAQs
How long does the registration process of NGOs in Bangladesh usually take?
The duration of the registration process may vary depending on various factors, including the completeness of the application, administrative procedures and government workload. In some cases, it may take several months to get approval.
Are there any restrictions on the type of activities that NGOs registered in Bangladesh can carry out?
Although registered NGOs and charities are generally free to carry out their missions and activities, they must operate within the legal framework set by the government and comply with any restrictions or regulations that apply to them.
What are the consequences of operating as an unregistered NGO in Bangladesh?
Operating as an unregistered NGO or charity in Bangladesh is illegal and can result in fines, legal penalties and closure of the organization. Additionally, unregistered organizations may face challenges in accessing funding, resources and collaboration opportunities.
Can foreign NGOs register in Bangladesh and work?
Yes, foreign NGOs can register and operate in Bangladesh, but they must comply with certain regulations and obtain approval from the relevant government authorities. Foreign NGOs may also be subject to additional scrutiny and reporting requirements.
How can NGOs and Charitable Organizations in Bangladesh ensure compliance with regulatory requirements?
To ensure compliance with regulatory requirements, NGOs and charities must maintain accurate records, adhere to financial reporting standards, and seek guidance from legal experts or professional consultants familiar with the non-profit sector in Bangladesh.
by Pymes Law | Feb 3, 2024 | Uncategorized
Adoption and legal guardianship are significant legal processes that play an important role in providing care and protection to children in Bangladesh. With a complex socio-cultural landscape and evolving legal framework, understanding the nuances of adoption and legal guardianship is essential for individuals and families considering these options.
Understanding Adoption in Bangladesh
In Bangladesh, adoption is governed by various laws and regulations, including the Guardians and Wards Act of 1890 and the Children Act of 2013. Prospective adoptive parents must meet certain criteria set by the government and go through a formal adoption process supervised by a court. The process usually involves extensive paperwork, background checks and home visits to ensure the suitability of the adoptive parents.
However, the adoption process in Bangladesh faces several challenges, including cultural norms that prioritize biological lineage and the complexities of navigating the legal system. In addition, socioeconomic factors can affect a person’s ability to receive, which complicates the process for many families.
Role of Legal Guardianship
Legal guardianship provides an alternative option for individuals seeking to care for children in need without the formal adoption process. While adoption results in a permanent transfer of parental rights, legal guardianship gives individuals the legal authority to make decisions about the child’s upbringing and well-being without severing ties with the child’s biological family.
The legal guardianship process in Bangladesh involves similar requirements and procedures to adoption, including court approval and supervision. However, legal guardianship can offer more flexibility for families who are unable to meet the strict criteria for adoption or who wish to maintain some level of connection with the child’s birth family.
Comparison between adoption and legal guardianship
When deciding between adoption and legal guardianship, potential caregivers must consider several factors, including their ability to meet legal requirements, their long-term commitment to the child, and the child’s best interests. While adoption provides permanency and full parental rights, legal guardianship may be a more viable option for some families, allowing them to provide care and support without the same level of legal responsibilities.
Both adoption and legal guardianship can have a significant impact on children, affecting their identity, belonging and emotional well-being. Regardless of the legal framework under which they are cared for, it is essential for caregivers to provide a nurturing and stable environment for children.
Support systems for adoptive families and legal guardians
In Bangladesh, various public and private organizations provide support services for adoptive families and legal guardians. These services may include financial assistance, counseling, and access to educational resources to help caregivers navigate the challenges of parenting and provide the best possible care for children.
The future of adoption and legal guardianship in Bangladesh
As Bangladesh continues to develop and modernize, there are opportunities to strengthen the legal framework surrounding adoption and legal guardianship. Advocates for children’s rights are pushing for reforms that prioritize the best interests of the child and streamline the adoption process, making it more accessible to families in need.
In conclusion, adoption and legal guardianship are important mechanisms for providing care and protection to children in Bangladesh. By understanding the available legal processes, challenges and support systems, caregivers can make informed decisions that positively impact the lives of vulnerable children.
FAQs
Adoption in Bangladesh is common?
Adoption rates in Bangladesh vary, with cultural factors and legal complexities affecting the prevalence of adoption.
In Bangladesh can a single person adopt?
Yes, single individuals can adopt in Bangladesh, although they may face additional scrutiny during the adoption process.
What rights do legal guardians have in Bangladesh?
Legal guardians in Bangladesh have the authority to make decisions regarding the child’s upbringing, education and health care.
Is there an age limit for adoptive parents in Bangladesh?
Although there is no strict age limit, adoptive parents in Bangladesh must demonstrate their ability to provide a stable and nurturing environment for the child.
How can I find out more about adoption and legal guardianship in Bangladesh?
People interested in adoption or legal guardianship in Bangladesh can consult legal professionals or contact government agencies and NGOs specializing in child welfare for guidance and support.
Page 6 of 16« First«...45678...»Last »
Recent Comments