Bank/Financial Institute

Litigation

Banks, as social organizations, have to go out to the people and assist weaker sections in achieving their aspiration. They are, thus, to act as catalyst agents for the development of the country, mobilizing resources wherever these be an channelising them towards productive purposes. New strategies have been developed since the last 50s, both in the small scale and large sectors and rather than confining to the traditional way of storage and distribution finance of a short term nature, developmental finance and term lending have been taken up by commercial banks. Similarly, opening of branches in rural and urban areas and efficient customer services have assumed great importance. All this does not mean that the basis principle on which banking rests, i.e. security and profitability, have to be abandoned; what is necessary is that a new psychology has to be developed to suit the changing pattern. The concept of security has to be tempered and intermingled with faith in the borrower’s ability, capacity and the soundness of his project.

While Banking is essentially a craft based on methodology and practices, Banking laws in the country has substantially remained the same over the past several decades. However, when it refers to the law relating to recovery process of the bank dues due with the clients, we have to say that the law relating to recovery of the Bank’s cash, has witnessed number of changes since 1990 till 2010.

Earlier, when it reveal that an urgency as to recovery of Banks dues emerge, the Artha Rin Adalat Ain, 1990 was enacted with a view to quick disposal of those cases which are pending for recovery of Bnak’s money lying with the defaulter borrowers. Artha Rin Adalat Ain, 1990 when reached at the age of 12, the jurists have felt necessity of amending the said law. However, while it came to light that mere amendment would not serve the purposes of the demand concerned, and the legislature’s intention may remain unaccomplished, Artha Rin Adalat Ain, 1990 was repealed by a new enactment as Artha Rin Adalat Ain, 2003. The Ain, 2003 was, thereafter, been amended by virtue of Ordinace (now ceased the enforceability of such ordinance). But, few amendments were needed by the subjects of the law to reach the purposes. Thus The Artha RIn Adalat Ain, 2003 has been amended, lastly, in the year 2010.

While we deals with the legal problem of Bank we refer our judicious mind not only to the Artha Rin Adalat Ain, 2003 but also we bear the other enactments like The Bank Companies Act, 1991, The Financial Institutions Act, 1993, The Financial Institutions Regulations, 1994, The Money Laundering Prevention Act, 2009, The Banker’s Book Evidence Act, 1891, The Bank Deposit Insurance Act, The Bangladesh Currency Order 1972, The Bangladesh Bank Order, 1972 Negotiable Instrument occupies an important place in every country of the world where the needs of the people are meeting through a number of business transactions. Actual passing of a cash at every point in the series of the transactions starting from the point of production and spreading after the arrival of the goods at the points of consumption was a real handicap there was thus the need of a method which would facilitate transaction and eliminate the actual movement of money in the form of cash. There should be something to symbolize the amount of money involved in a transaction and the responsibility of the person who has to pa y it. Merchants solved this problem by creating documents which subsequently came to be known as negotiable Instrument and which carried a commitment on the part of certain person to pay a certain sum of money. The transfer of this document from hand to hand symbolizes actual payment. The documents were trusted as such because it was generally issued by a quarter of non responsibility. The title of the recipient of such a document deserve to be specially protected because if his title could be defected by errors in the previous dealing with the documents such carriers of money loss their trust this created the need for a special law dealing with documents about by businessman as a substitute for money. The need was partly meant by the evolutionary process of the law-merchant itself. Merchants evolved the concept like ‘holder in due course’ to refer to the recipient of an instrument whose title would not be defected by equities the codification of this law resulted in the bills of exchange Act in England and the Negotiable Instruments Act. There are few basic tenets of an enactment dealing with Negotiable Instrument. One of them is that the circulation of negotiable papers should be as free as that of money itself but they should not claim equality with currency. For, otherwise, a private individual would be in a position to issue his own currency. Secondly, the tile of recipient in good faith should be beyond challenge and, finally, that while affording such extraordinary protection to a bonafide holder, no undue encouragement should be given to force and forgeries.

Generalize Services:

Apart from above services, our chamber has expertise of Criminal Law who in course of time is identified as some of the brilliant performer in Criminal Cases. In recent time, we have conducted some of criminal cases which has stunning discovery and vibrate the introspection of the nation. Our practice in Criminal Law extends to Criminal Conspiracy, offence against state, offence against public tranquility, offence relating to public servants, offence relating to Election, Contempt of the lawful authority of public servants, offence against public justice, offence relating to coins and Government stamp, offence relating to Weights and measurement, offence affecting public health, safety, convenience, Decency and Morals, offence relating to Religion, Offence affecting Human Body (which includes, amongst other, offence affecting life, criminal force and assault, Kidnapping, Abduction, Slavery and forced Labour, rape), offence against property, offence of Extortion, Criminal misappropriation of property, Criminal Breach of Trust, Receiving of Stolen Property, Cheating, Fraudulent Deeds and Deposition of Property, Mischief, Criminal Trespass, Loss of property of Banking Company, offence relating to documents and to trade or property marks, offence relating to currency note and bank–note, offence relating to marriage, Defamation, Criminal intimidation, insult prejudicial act, etc.

Documentation:

Law is a profession par excellence. Advocacy is not a trade or business but a profession that requires sound understanding of words and circumstances. As a profession certain standard must be maintained by the Lawyers for the better quality of service to the public. Like others, we also subscribe to the view that “no other profession except Advocacy touches at so many points”.

In documentation, drafting plays a very important role in preparation of Deeds, Agreement, applications, and so many related documents. It is the only way through which law and facts put together before the court for just and proper adjudication of the cases. Defective drafting sometimes creates great confusion in the mind of the readers as well as that of the court. Sometimes a document or deed which is not done perfectly give birth to difficulties in adjudicating the real controversies involved in the case. By way of superior quality of drafting the intention of the parties can fairly be presented before the court and the grievance can easily redress. Specialty for drafting needs a great skill which can only be obtained in course of long practice.

The Lawyers & Jurists has concentrated over it’s as one of the strongest wings- The Documentation. Literally, the ‘Documentation’ has a technical sense in now a days corporate law practice. Apparently, it’s some sorts of drafting arena. But when the issue is to present a comprehensive & illustrative piece of agreement or deeds which entails the parties to have easy understanding in the meaning and intention of the deed, the word ‘Documentation’ get an extensive meaning which encompass a vital area.

It has been observed that the ‘Trend’ of documentation follows some ‘Format’ established by some acknowledged authority. But it should be keep in mind that a ‘Format’ is not an exhaustive device to state the intention of the parties. Therefore, The Lawyers & Jurists” drawn a dissent note to the effect that like others we do not follow any format discovered by some of law practitioner. We feel proud to declare that formats follow our legal mind and that has brought us a significant position in the arena of corporate law practice. In the name of legal interpretation we do not impose any alien theory to redress our client. We always followed that it is better to let our client know that to what extent his right has got legitimacy. Therefore, we have achieved trust of our client. This trust has accelerated our position. We admire the cautiousness of our client.

Our each and every single piece of written art i.e. drafts always go through a strict observation and the quality of diction is scrutinized so that our clients feel happy and secured believing in mind that his intention or his own words have been or being presented in a sound environment of legal sense and sensibility.

It is evident to say that each and every legal papers have its own characteristic which is subject to individual circumstances as well as fact. This is why we feel a ‘Format’ can not be always treated as a best method for stating the statements the parties have in mind. Moreover, when law is attached to every legal paper, we hold that the Law does not follow the format. In stead format is subject to the prescription of law. We always considered that like others ‘Cut, copy and paste’ is a slipshod manner. It never accelerates the soundness of any draft as because of the words used, or the punctuation, in a draft, if not put on a right comprehension, may sometimes have adverse effect to any parties. Our chamber has always been followed the principal that “let your mind follow the prescription of law, the draft will ultimately get a legitimate version of presentation”.

The Documentation wing of the chamber is one of the best team in that sector. To reach such a position we are indebted to our industry and our perseverance to follow the statutory suggestion. This chamber has high reputation on drafting various legal document like, amongst others,

  • Deed of Mortgage,
  • IGPA for Mortgage
  • Further Mortgage
  • Equitable Mortgage
  • Deed of Redemption
  • Cancellation of IGPA
  • Deed of Partial Redemption
  • Deed of Floating Charge
  • Letter of Hypothecation
  • Hypothecation Over Book Debt and receivables
  • Hypothecation over Plant and Machinery
  • Modification of charge document
  • Hypo Sale Power
  • Pari Passu Security Sharing Agreement
  • Assignment for Work Order
  • Letter of Under Taking
  • Term Loan Agreement
  • Power to Take Possession
  • Saf Kabala Deed
  • Power to Sale Vessels
  • Partition Deed
  • Power of Attorney for certain land
  • Heba Deed
  • Lease Deed
  • Deed of House Rent
  • Tripartite Agreement
  • Fourpartite Agreement
  • Multiparty Agreement
  • Corporate Guarantee
  • MOU
  • Letter of comfort
  • Letter of Satisfaction

Since we vale the time of our client and their exigency, we provide our every services within considerable time frame. Apart from above, our chamber offer the following services at affordable cost.

  • Land Vetting, Agreement Vetting,
  • Physical inspection to ascertain actual possession of land
  • Obtaining Non Encumbrance Certificate and verify the title Deeds from concerned Sub-Registry Office through searcher.
  • Obtaining Non Encumbrance Certificate and verify the title Deeds from concerned District Registrar
  • Verification of genuineness of any property documents with concerned govt. record/authority
  • including RAJUK/Tahsil Office, Ministry of Housing and Public Works
  • Filing of charge documents with the Registrar of Joint Stock Companies and Firms.
  • Searching of charge documents, file searching of any Company registered with RJSC