Comparative Guides
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Results: 4 Answers
Enforcement of Foreign Judgments
1.
Legal and judicial framework
1.1
Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?
 
Bangladesh
The Code of Civil Procedure 1908 governs the recognition and enforcement of foreign judgments in Bangladesh. A judgment of a foreign country cannot be enforced in Bangladesh in the absence of any reciprocating agreement.

‘Reciprocating territory’ refers to such countries or territories as the government may, from time to time, by notification in the Official Gazette, declare to be reciprocating territories for the purposes of this section.

For a judgment passed by a Court in a non-reciprocating territory, the judgment can be considered a “public document” evidence pursuant to Section 74 of the Evidence Act 1872. A foreign judgment may be enforced by filing a fresh suit using the foreign judgment as evidence of debt and in such a situation, the court will dispose of the suit as a summary suit.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
1.2
Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?
 
Bangladesh
N/A
For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
1.3
Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?
 
Bangladesh
The decree of a superior court of any reciprocating territory can be executed in Bangladesh by filing a certified copy of the same in a district court. In this regard, ‘district court’ means the court of the district judge. Thus, the district court has the jurisdiction to hear applications for the recognition and enforcement of foreign judgments. Each District Judge has the jurisdiction to entertain an application for the enforcement of foreign judgment to be enforced against the defendant whose place of business is located in the respective District.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates