Bangladesh Company Law

Good Evening, ladies and gentlemen. Hope you all have already started to enjoy your time here in this event. I would like to ask you to give me your precious time and attention for next few minutes, as I would like to talk a little bit about one of the greatly cherished and admired institutions of our nation, the Supreme Court of Bangladesh.

Supreme Court of Bangladesh traces its roots in the Indian Sub-Continent’s British-era High Courts. During the British period, the High Court of Judicature at Calcutta was set up on the 14^th of May 1862 in accordance with the Indian High Courts Act 1861 passed by the British Parliament. After the India-Pakistan partition in 1947, the East Pakistan High Court becomes the successor of the Calcutta High court vides Indian Independence Act 1947. Subsequently, after the liberation war of Bangladesh, the Article 94 of the Constitution of Bangladesh, which was adopted in 1972, established the Supreme Court of Bangladesh comprising of the High Court Division and the Appellate Division.

Throughout the five decades of our independent Bangladesh, Supreme Court’s judicial decisions, initiatives and leadership have solved various problems of our nation. The Appellate Division, in particular, not only contributed in developing our legal system, but also contributed in shaping our politics by upholding accountability of our politicians so far as possible.

The Appellate Division of the Supreme Court has also made remarkable contributions in protecting our natural environment, which is the lifeline of millions of citizens of our country. In a remarkable decision, the Appellate Division secured a new form of legal protection for nature by recognizing that nature is a living entity with legal rights. The Appellate Division did so by upholding the 2019 decision of the High Court in Writ Petition No. 13989, which declared that the Turag River and all other rivers in the country are “living entities” with rights as “legal persons.” With this status as a legal person, the rivers become possessors of legal rights.

Our Appellate Division not only provided landmarked decisions, but also created legendary personalities like Dr. M. Zahir, Barrister Moudud Ahmed, Barrister Rafiqul Hoque, and so on. But, even for these legendary personalities, achieving their academic law degree, their district court practice, High Court practice and finally the attainment of permission to appear before the Appellate Division was not an easy journey. But when they started their practice in the Appellate Division, all the doors to the name and fame were open for them. Yet they choose to contribute to develop our legal system and to help the justice seekers, instead of running after name and fame, though name and fame ultimately ran after them.

At this point, dear guests, let me remind all of you the very reason we are here today. Our very cherished and treasured Mr. M. Atikur Rahman, the very accomplished Lincoln’s Inn Barrister whom all of us present here know very well, has attained this milestone of becoming an Advocate of the Appellate Division. We all are present here to appreciate his landmark achievement. Congratulations Barrister M. Atikur Rahman. We all are so proud of you. 

We, hereby, would love to share a glimpse of his journey so far.

M. Atikur Rahman, who hails from a reputed family from Kishoregonj, was known to be ambitious from the early age. From very early age, he aimed to become a savior to the people’s sufferings that he witnessed in his locality. As he grew more in age, he decided to pursue a career in law to help the helpless. He wanted to become a Barrister in particular; because he saw other people who own this title have a strident, constructive and purposeful lifestyle.

With this ambition in mind, Mr. Atikur successfully completed his LL.B (Hons) degree under the University of London, UK. He subsequently completed his Bar Professional Training Course (BPTC) in UK under The City Law School (formerly known as Inns of Court, School of Law), City University, London, after which he was ‘Called to the Bar’ to be officially recognised as Barrister-at-Law. He is also the member of the very famous Honourable Society of Lincoln’s Inn, UK.

He faced many odds during the continuation of his Bar course in the United Kingdom, yet he remained steadfast and consistent in completing the mission, for which he went to the UK. In fact, it was perhaps his these two habits, steadfastness and consistency, that made him the successful person he is today.

After returning to Bangladesh, Mr. Atikur successfully attained the permission to practice before the Dhaka District Court in …………, and became a member of Dhaka Bar Association. Subsequently, Mr. Atikur successfully attained the permission to practice before the High Court Division of the Supreme Court of Bangladesh in …………, and became a member of Supreme Court Bar Association. Finally, in the year 2023, Mr. Atikur has achieved the ultimate milestone of obtaining the permission to practice before the Appellate Division.

Mr. Atikur has more than a decade of experience in legal practice, starting from 2010. Mr. Atikur’s practicing life is full of success stories in defending the rights and interests of the individuals and businesses he represented before the courts and tribunals. He brought the appropriate legal reliefs to those individuals and businesses he represented, with the courtesy of his understanding of the existing judicial, legal and overall socio-economic environment in Bangladesh.

He has extensive experience in Constitutional Law, Civil, Arbitration, Real Estate, Customs, Company, Artha Rin Adalat Ain 2003 (Money Loan Court Act 2003), Corporate Governance, Corporate Legal Documentations, Family & Inheritance Law and Criminal matters.

Mr. Atikur’s notable works include completion of all the legal works related to the construction of a building for Honda Bangladesh (Pvt. Ltd), a joint venture of Honda Motor Limited Company, by his client, Daruma Builders & Engineers Ltd, in the Abdul Monem Economic Zone (AMEZ). In a notable litigation matter, Mr. Atikur has successfully defended a transport company against Rangs Motors Ltd, where his client got back all the buses which were taken away, and the client was also compensated for his loss. Mr. Atikur had also represented clients in tenancy case involving Grameen Phone. He has also represented the employees, who were terminated from their employment in Grameen Phone.

Mr. Atikur successfully handled the legal interest of a very notable international client named Helm Medical GMBH, which was a 100 percent subsidiary of the German company Helm AG, an injectable contraceptive producer. Mr. Atikur had provided advisory, opinion and litigation services to Long Beach Hotel (Gulshan), Anam Green Fuel Energy Resources (which deals with Green oil & Pyrosis oil), Shimizu Hechari Pvt. Ltd (which is into shrimps business and exports to Japan), and many other large and small companies.

In a civil matter, Mr. Atikur had successfully defended 300 crore worth of properties of his client in a land-related dispute in Mymensigh.

Mr. Atikur had successfully handled matters involving public and local authorities. For instance, he had represented a leather business against the Dhaka South City Corporation. Because of his dedicated effort, Polli Biddut or Bangladesh Rural Electrification Board had to change those provisions that came in conflict with the Constitution of Bangladesh. A noteworthy work of Mr. Atikur is that he had successfully used the agreement between his client, Guzadia Agro Chambers Ltd, and Bangladesh Bank to the advantage of the client. Even against the Bangladesh Chemical Industries Corporation (BCIC), he has the record of effectively defending a Chinese fertilizer importer business.

It is worth noting that in a highly contentious matter, Barrister Atikur Rahman successfully defended the candidature of his client for the sub-election of Kishorganj-4 constituency. He had also successfully defended the managing committee of various educational institutions, including schools and colleges. Mr. Atikur has represented many influential persons of the country in various anti-corruption maters.

((((( Note: The opinions given in TV about legal matters and the appearances in TV talk shows must be mentioned here with vibrance ))))))

Barrister Atikur Rahman has founded the full-service law chamber named “Royal Chambers”. Royal Chambers has two chamber spaces. While one chamber is located in Dhanmondi near Mirpur Road, which is one of the major locations in the vibrant capital city of Dhaka, the other chamber is in the Supreme Court premises at Huseyn Shaheed Suhrawardy Building.

Barrister Atikur Rahman has enriched his Royal Chambers with highly qualified and experienced lawyers, including counsels for Supreme Court of Bangladesh, District Courts and Tribunals as well as lawyers for corporate matters and legal documentations related to banking, company and other business affairs.

Under the guidance of Barrister Atikur Rahman, Md. Morshed Mir, an Associate of the chamber, looks after Royal Chambers’ litigation matters. Mr. Morshed regularly assists Barrister Atikur Rahman in civil and criminal litigation matters. He is an Advocate of the Supreme Court of Bangladesh and a member of the Supreme Court Bar Association. Mr. Morshed regularly appears before the High Court Division of the Supreme Court of Bangladesh and has over a half decade of experience in handling High Court matters, including service matters, and writ-petitions. It is worth noting here that under the leadership of Barrister Atikur Rahman, Royal Chambers has won hundreds of reliefs in Supreme Court litigations in favour of its clients, and Mr. Morshed is now making more contribution to this achievement. Mr. Morshed is also a member of Dhaka Bar Association and has substantial litigation experience of representing clients before the district courts, regulatory bodies and tribunals. Mr. Morshed holds two law degrees from Northern University Bangladesh.

Bahauddin Foizee, another Associate of the chamber, looks after Royal Chambers’ Corporate, Company and Commercial matters under the guidance of Barrister Atikur Rahman. Mr. Foizee has nearly a decade of extensive experience in handling diverse corporate clients. He regularly assists Barrister Atikur Rahman to provide advisory services to telecommunications companies, FMCG, RMG, banks, and financial institutions as well as advisory services in matters relating to Bangladesh Security Exchange Commission (BSEC) and Registrar of Joint Stock Company & Firms (RJSC). Mr. Foizee is well-versed in drafting Legal-Opinion, Agreements and Contracts, Company Memorandum and Articles, etc. Mr. Foizee handles Alternative Dispute Resolution matters such as international Arbitration, Mediation and Negotiation. It is worth noting here that under the leadership of Barrister Atikur Rahman, Royal Chambers has already developed expertise and attained proficiency in matters of Alternative Dispute Resolution, an area of modern legal practice which is alluring a lot of interest among company and commercial clients, both locally and internationally. Mr. Foizee had also worked in BILD, an organization dedicated to bring about development of legal system in Bangladesh. Mr. Foizee has published several Law-related Articles in Think-Tank Publications, Newspapers and Online Journals. Mr. Foizee holds two law degrees, including a British one from University of London.

Royal Chambers has two Associates who are currently dedicated for legal research works. One of them is Afsana Akhter, who holds a postgraduate degree on Maritime Law from Bangabandhu Sheikh Mujibur Rahman Maritime University, another postgraduate law degree from Eastern University and a undergrad law degree from University of London. Muhtasim Amir Dinar is the other of the two Associates who is currently dedicated for legal research works. Mr. Dinar holds a law degree from BRAC University. Both Afsana Akhter and Muhtasim Amir Dinar regularly assist Barrister M. Atikur Rahman in finding out relevant legal provisions required for solving legal matters. They regularly conduct in-depth research of the Constitution of Bangladesh, statues of the parliament and case laws from various law journals like DLR. BLC, MLR, etc.. With the help of their research, other lawyers of the chamber had successfully solved various litigation matters, completed various corporate legal works, and prepared various well-drafted legal documents.

Alongside these full-time Associates, other competent lawyers too work independently in cooperation with Barrister Atikur Rahman’s Royal Chambers. Mohammad Tahmidus Sarower (Shetu) is one of such independent lawyers. Mr. Sarower is a UK-trained Barrister and holds two British law degrees from two British universities. Mr. Sarower is an Advocate of the Supreme Court of Bangladesh, a member of the Supreme Court Bar Association, and Dhaka Bar Association. He is also a member of Hon’ble Society of Lincoln’s Inn (UK). He has over a half decade of experience of appearing before the High Court Division as well as before district courts, various regulatory bodies and tribunals.

Another competent lawyer working independently in cooperation with Barrister Atikur Rahman’s Royal Chambers is Mohammed Tafsirul Islam, who is a UK-trained Barrister and a British law graduate. He is an Advocate of the Supreme Court of Bangladesh. He is a member of Supreme Court Bar Association and Dhaka Bar Association. He is also a member of Hon’ble Society of Lincoln’s Inn (UK). Mr. Tafsirul focuses his practice on VAT, customs, taxation, banking, company and corporate matters. Mr. Tafsirul regularly represents clients before tax authorities and Customs, Excise and VAT Commissionerate and Appellate Tribunals including High Court. Besides providing general tax and customs matters advice based on current and evolving laws and rulings, Mr. Tafsirul Islam regularly prepares tax planning for both corporate and individual clients, prepares income tax and Customs clearance, and consults on the taxation on international transactions.

Sharzil Hossain, who also works independently with Royal Chambers, is an excellent legal researcher whose assistance the chamber takes from time to time. Mr. Sharzil holds two British law degrees from University of West of England (UK) and from University of East London (UK).

Royal Chambers often takes assistance from Ashit Kumar Biswas in tax matters, as Mr. Ashit, an Advocate of the Supreme Court of Bangladesh, is well conversant with laws relating to Taxation and dealt thousands of Income Tax Matters successfully. He is a member of Dhaka Taxes Bar Association and holds an Income Tax Practitioner Certificate issued by National Board of Revenue (NBR). Mr. Ashit regularly represents clients before tax authorities and Customs, Excise and VAT Commissionerate, and Appellate Tribunals as well as High Court Division. He prepares Tax Planning, Income Tax Clearance and Customs Clearance. Mr. Ashit has the reputation of resolving difficult and unique tax controversies, including taxation on international transactions, as he maintains liaison with various essential players, including private organizations and government departments, so as to provide inclusive tax solutions to the clients.

Adil Ahmed Lincoln is an Income Tax Practitioner (ITP) and a member of Dhaka Taxes Bar Association. Mr. Lincoln is well conversant with laws relating to Tax, Customs and VAT matters and often provides Tax, Customs and VAT solutions to the loyal clients of Royal Chambers. He is well-conversant in preparing Tax Planning, Income Tax Clearance and Customs Clearance, and consults on the taxation on international transactions. Mr. Lincoln is an Advocate of District Court and a member of Dhaka Bar Association. He holds a law degree from Green University of Bangladesh and two degrees on Accounting from Jagannath University.

Mallik Intaqab Ahsan is a Cost and Management Account and has completed his fellowship under Institute of Cost and Management Accountant of Bangladesh (ICMAB). Mr. Mallik regularly represents clients before Customs, Excise and VAT Commissionerate including other VAT appellate authorities. He has proven-experience in helping clients reduce the cost of VAT, simplify VAT procedures and ensure VAT compliance.