Stone Gate Chamber

12/06/2026

Pre-emption in Property Law: Why It Matters

Pre-emption is a valuable legal remedy in land and property disputes. In simple words, it gives a qualified person, usually a co-sharer, the right to purchase a property before or in priority over an outsider when a share of the property has been sold.

This remedy is especially important in Bangladesh, where many properties are jointly owned, inherited, undivided, or shared among family members.

When can pre-emption arise?

It may arise where a co-sharer sells a portion of land to a third party and another legally entitled co-sharer wishes to purchase that share by following the proper legal procedure.

Main legal bases of pre-emption in Bangladesh include:

1. State Acquisition and Tenancy Act, 1950
Section 96 deals with pre-emption in respect of certain holdings and gives eligible co-sharer tenants the right to apply before the court within the prescribed time.

2. Non-Agricultural Tenancy Act, 1949
Section 24 deals with the right of certain persons to purchase transferred non-agricultural tenancy interests.

3. Shufa under Muslim Law
The Non-Agricultural Tenancy Act also recognises that statutory pre-emption does not take away the right of pre-emption available under Muhammadan Law.

Important practical points

Pre-emption is a technical remedy. The court will usually consider:

Whether the applicant is legally entitled.
Whether the property falls under the correct category.
Whether the transfer was made by sale.
Whether the application was filed within limitation.
Whether the required deposit and procedural requirements were fulfilled.
Whether the applicant has waived or lost the right by conduct.

A small procedural mistake can defeat an otherwise strong claim. That is why proper legal scrutiny of the deed, khatian, mutation, inheritance chain, notice, possession and limitation period is essential before filing a pre-emption case.

Stonegate Chamber
Civil Law | Property Law | Land Disputes | Pre-emption | Litigation

Disclaimer: This post is for general legal awareness only. It should not be treated as formal legal advice. For any specific property dispute, legal opinion should be taken after reviewing the relevant documents.

Sources consulted:
State Acquisition and Tenancy Act, 1950, section 96.
Non-Agricultural Tenancy Act, 1949, section 24.
Laws of Bangladesh, Ministry of Law, Justice and Parliamentary Affairs.

12/06/2026

Debt Recovery: A Practical Step by Step Approach

Debt recovery should not always begin with litigation. In many cases, a structured and professional approach can recover the debt faster, preserve the business relationship, and reduce unnecessary legal costs.

At Stonegate Chamber, we believe that successful recovery depends on choosing the right method at the right stage.

Step 1: Follow up

The first step is proper communication.
The borrower should be contacted through phone calls, SMS, email, official letters, or formal reminders. Many defaults happen because of delay, negligence, poor communication, or temporary financial difficulty. A clear follow up often creates pressure and reminds the borrower of the seriousness of the obligation.

Step 2: Persuasion and Motivation

If the borrower does not respond properly, the next step is persuasion.

This means explaining the consequences of continued default and encouraging repayment through practical discussion. The purpose is not to threaten unnecessarily, but to make the borrower understand that repayment is expected and delay will create further complications.

Step 3: Rescheduling or Restructuring

Where the borrower is facing genuine financial difficulty, rescheduling or restructuring may be considered.

A new repayment schedule, revised instalment plan, or extended timeline may help both parties. This is often useful when the borrower has the intention to pay but lacks immediate financial capacity.

Step 4: Settlement

If full recovery is difficult, settlement may be a practical option.

Through negotiation, both sides may agree on a one time payment, partial payment, reduced liability, or mutually acceptable repayment arrangement. A properly drafted settlement can save time, cost, and future disputes.

Step 5: Collateral Realization

If the loan is secured by collateral, the creditor may consider realizing the secured asset according to law.

This may include sale of mortgaged property, pledged assets, or other security, depending on the nature of the transaction and the applicable legal framework. This step must be handled carefully because procedural defects can weaken the recovery process.

Step 6: Legal Action

Legal action should be taken when all reasonable recovery efforts fail.

This may include filing appropriate civil, commercial, banking, or recovery proceedings depending on the facts, documents, security, and nature of default. Litigation must be used strategically, not emotionally. A weak case filed in haste may cause more harm than benefit.

The core lesson is simple:

Communicate first.
Negotiate where possible.
Restructure where reasonable.
Settle where practical.
Realize security where available.
Litigate when necessary.

Debt recovery is not only about pressure. It is about strategy, documentation, timing, and lawful ex*****on.

Stonegate Chamber
Commercial Law | Banking Law | Debt Recovery | Litigation | Corporate Advisory

Disclaimer: This post is for general legal awareness only. It should not be treated as formal legal advice. For specific recovery action, professional legal advice should be taken after reviewing the relevant documents.

Reference: Based on the attached educational infographic and general banking recovery practice

09/06/2026

05/06/2026

05/06/2026

In Prison, Is a Year Always 12 Months?

Many people casually say that “one year in jail means 6 months, 8 months, or 10 months.” Strictly speaking, that is not legally accurate.

Under Bangladesh law, a “year” and a “month” are counted according to the British calendar. There is no separate legal rule that automatically turns one prison year into six or eight months.

So where does the confusion come from?

The answer is remission.

A convicted prisoner may receive remission for good conduct, proper prison work, discipline, service, training, emergency assistance, or other conduct recognised under the Jail Code. Through remission, the actual period served may become shorter than the sentence originally imposed by the court.

But remission is not automatic. It depends on eligibility, conduct, the nature of the sentence, and the authority competent to grant it.

A few important points:

✅ A convicted prisoner may receive remission under the Jail Code.
✅ Good conduct and proper prison work may reduce the actual period served.
✅ Special remission may be granted for exceptional service or discipline.
✅ Under-trial prisoners do not receive remission.
✅ Remission may be cancelled for prison offences.
✅ In some cases, remission beyond a certain limit requires special Government permission.

Bottom line:

A year is still a legal year. But remission can reduce the actual time a convicted prisoner serves.

For case-specific legal advice, contact StoneGate Chamber.

This post is for general legal awareness only and should not be treated as a substitute for tailored legal advice.

04/06/2026

Can Land Mutation Be Carried Out While a Civil Suit Is Pending? A Landmark High Court Decision

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For a long time, there has been confusion and disagreement in society over one important question: can the mutation of land be completed while a civil case concerning that same land is still pending before a civil court?

Some people believe that mutation may still proceed. Others argue that once a civil suit is pending, mutation becomes completely barred. The High Court Division has given a clear explanation on this issue in an important writ petition.

In Writ Petition No. 5420 of 2014, Md. Shafiqul Islam v Government, the High Court Division considered this very question.

The central issue before the Court was whether, when a civil suit concerning land is pending before a civil court, an application for mutation pending before the Assistant Commissioner Land should continue or remain suspended.

The High Court Division observed that there is no specific statutory provision in the existing laws of Bangladesh directly dealing with this point. However, according to the Constitution and settled principles of law, an executive authority and a judicial forum cannot decide the same subject matter at the same time in parallel proceedings.

In other words, once a civil suit concerning the land is pending before a competent civil court, the Assistant Commissioner Land cannot continue the mutation proceeding, even if no separate stay order has been issued by the court.

Mutation Must Remain Suspended Once the Concerned Authority Is Informed

The judgment further held that if any interested or affected person informs the Assistant Commissioner Land that a civil suit regarding the land is pending before a civil court, the Assistant Commissioner Land or the concerned land officials are bound to keep the mutation proceeding suspended.

For this purpose, a separate stay order from the court is not required. It is sufficient that the concerned authority has been informed of the pending civil case.

Direction to the Ministry of Land to Issue a Circular

The High Court Division also observed that the Ministry of Land should take the matter seriously and issue a circular to the relevant field-level officers. The purpose of such a circular would be to ensure that, once land officials become aware of a pending civil case concerning the land, they suspend the mutation process immediately.

Through this judgment, the High Court Division has clarified that mutation of land during the pendency of a civil suit concerning that land is not legally proper. No separate court order is necessary to stop the mutation proceeding. Informing the relevant land authority about the pending case is sufficient.

This decision is significant because it promotes proper coordination between the land administration and the judiciary. It also protects the authority of the civil courts and ensures that matters already under judicial consideration are treated with due respect.

29/05/2026

Professional Legal Services by StoneGate Chamber

At StoneGate Chamber, we provide practical, strategic and client-focused legal services for individuals, businesses and institutions.
Our work covers a wide range of legal areas, including:

✅ Civil Litigation
✅ Land and Property Disputes
✅ Corporate and Commercial Law
✅ Banking and Financial Matters
✅ Labour and Employment Law
✅ Family and Inheritance Matters
✅ Criminal Litigation
✅ Writ Petitions
✅ Immigration and Legal Documentation
✅ Arbitration and Dispute Resolution

We understand that every legal problem carries real consequences. That is why our approach is simple: careful legal analysis, honest advice, strong drafting and effective representation.
Whether you are facing a property dispute, business conflict, employment issue, banking matter, family concern or need legal documentation support, StoneGate Chamber is ready to assist with professionalism and integrity.

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Legal Practice | Advisory | Litigation | Dispute Resolution

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