Engage a Dhaka advocate remotely

Most overseas clients first meet their Bangladeshi advocate by video call. The advocate checks the facts, the documents, any limitation deadline and which court has jurisdiction, and agrees fees and reporting in a written engagement letter. The client sends scans of the key papers and an identity document. The advocate is formally appointed by a vakalatnama filed in court, which the client can sign abroad and courier, or which the attorney can sign under the power of attorney. Choose an advocate before drafting the power, so that its wording fits the case.

Where: Advocate's chamber in Dhaka · Time: 1-2 weeks · Law: Order III rules 1 and 4 Code of Civil Procedure 1908 · Documents: Engagement letter, Scanned passport or NID, Copies of deeds, contracts or court papers

Tip: Ask the advocate to draft the power of attorney; generic templates often omit litigation powers that a court later insists on.

Choose the type and scope of the power

The Act and the 2015 Rules recognise a general power, a special power for a specific task, and an irrevocable power for sale, mortgage or development of land. For litigation, a special power naming the case, or a general power to sue and defend, is usual. The scope of a case from abroad power of attorney should list each act: instituting or defending suits, signing and verifying pleadings, appointing advocates, giving evidence, compromising, appealing, executing decrees and receiving money.

In Dhaka, appointing or cancelling an attorney for a RAJUK plot or flat also needs RAJUK's prior approval.

Where: Advocate's chamber in Dhaka · Time: 3-7 days · Law: s.2(1), (4) and (7) Power of Attorney Act 2012; Rules 7-9 Power of Attorney Rules 2015 (special, general and irrevocable powers); Order III rule 2(a) Code of Civil Procedure 1908; Order XXIII rule 3 Code of Civil Procedure 1908 (compromise) · Documents: Draft power of attorney, List of properties or cases covered

Tip: Spell out 'to file and prosecute appeals, revisions and reviews'; an attorney without that power cannot take the case up the hierarchy.

Prepare it in Form 3 with photographs and ID

A power executed abroad must be prepared in Form 3 of the Rules, in two parts: an original and a copy. It carries photographs of the principal and the attorney and their identity details. Since a February 2025 amendment, the principal may use a Bangladeshi passport, a national ID card, a birth registration certificate, or a foreign passport with a No Visa Required endorsement. The principal signs and gives a thumb impression across both attached photographs, identifying the attorney. Names, addresses and property schedules must match the official records exactly.

Where: Advocate's chamber in Dhaka · Time: 2-5 days · Law: Rule 10(1)-(2) and Form 3 Power of Attorney Rules 2015 (as amended February 2025); s.6(3) and (5) Power of Attorney Act 2012 · Documents: Form 3 original and copy, Photographs of principal and attorney, Passport, NID or birth certificate copies, Attorney's NID copy

Tip: Use the attorney's name exactly as on the NID; a one-letter mismatch can lead the sub-registry or court to reject the power.

Sign before the Bangladesh mission

The safest route is to sign in person before the consular officer at the Bangladesh embassy, high commission or consulate for the country where the client lives. The officer checks identity, watches the signature and thumb impression, and attests the original and copy. Missions usually ask for an application form, photographs, identity copies of the principal and attorney and, for land, proof of title; some also ask for witnesses. Fees and appointment systems vary.

A Bangladeshi consular officer's attestation is treated as if done by an authority in Bangladesh, and courts presume a power so authenticated was properly executed.

Where: Bangladesh embassy, high commission or consulate · Time: 1-10 days · Law: s.33(1)(c) and (4) Registration Act 1908; s.3 Diplomatic and Consular Officers (Oaths and Fees) Act 1948; s.85 Evidence Act 1872 · Documents: Mission application form, Form 3 original and copy, Identity documents, Property papers, where relevant

Tip: Book early and check your mission's own checklist; some missions attest only on fixed days or by appointment.

Alternative: local notary with apostille or legalisation

Where travelling to the mission is impractical, the Registration Act also recognises a power executed before and authenticated by a notary public abroad. That notarisation must then be made acceptable in Bangladesh. Bangladesh acceded to the Apostille Convention on 29 July 2024, with effect from 30 March 2025, so a notarised power from another member country can usually be apostilled locally. A few existing members objected to Bangladesh's accession; for them, and for non-members, legalisation by that country's foreign ministry and the Bangladesh mission is still required.

Acceptance of apostilled documents is still uneven: in August 2026 the High Court Division issued a Rule on a writ seeking uniform acceptance by Bangladesh missions.

Where: Bangladesh embassy, high commission or consulate · Time: 1-4 weeks · Law: s.33(1)(c) Registration Act 1908; Hague Apostille Convention 1961 (Bangladesh acceded 29 July 2024; in force 30 March 2025) · Documents: Notarised power of attorney, Apostille certificate or legalisation stamps

Tip: For land or bank matters, prefer mission attestation; sub-registries and banks question notarised powers far more often.

Send the original to Bangladesh in time

After attestation, the original and its copy must be sent to Bangladesh within six months, under a sub-rule added in 2025. The clock for every later step runs from the date the document is received in Bangladesh, so a courier receipt or envelope showing that date is valuable evidence. The client should keep certified scans in case the courier loses the original. For a case from abroad power of attorney, the attorney or advocate in Dhaka should diarise the two-, three- and four-month deadlines as soon as the parcel arrives.

Where: Client living abroad · Time: 3-10 days by courier · Law: Rule 10(4ka) Power of Attorney Rules 2015 (inserted February 2025); s.18(1) Stamp Act 1899 (time runs from first receipt in Bangladesh) · Documents: Courier receipt, Arrival record, Scanned copy of the attested power

Tip: Send the original by tracked international courier, not ordinary post, and keep the tracking record.

Attestation by the Ministry of Foreign Affairs

Within two months of receipt in Bangladesh, the attorney files the original and copy with the Ministry of Foreign Affairs, through its Consular and Welfare Wing in Dhaka, or another officer the Government appoints, which verifies the Bangladesh mission's seal and signature and attests both. For an irrevocable power, the Act itself requires this authentication on first arrival before stamping. The High Court Division has held that the Rule 10(5) steps apply to every power executed abroad, whether special, general or irrevocable.

Where: Ministry of Foreign Affairs, Consular and Welfare Wing, Dhaka · Time: 1-10 days · Law: Rule 10(5)(ka) Power of Attorney Rules 2015 (two months); s.6(6) Power of Attorney Act 2012; Writ Petition No. 12985 of 2021 (HCD, 22 May 2022) · Documents: Original and copy of the power, Attorney's NID, Application or token

Tip: Do not skip this step for a 'simple' general power; the High Court Division has refused to hear a writ sworn on a power that missed it.

Stamping by the Collector

Within three months of receipt, the power must be stamped with the correct duty. Because an instrument executed abroad cannot usually be stamped by a private person, it is taken to the Collector, which in practice means the Deputy Commissioner's office and the district treasury, which affix special adhesive stamps or record payment under the 1974 Act. A power that is not duly stamped cannot be admitted in evidence, acted upon or registered. After an irrevocable power is stamped, the Collector sends a copy to the sub-registrar to be filed in Book 1.

Where: Deputy Commissioner's office (Collector) and sub-registry · Time: 1-6 weeks · Law: s.18 Stamp Act 1899 (three months); Rule 10(5)(kha) Power of Attorney Rules 2015; Stamp Duties (Additional Modes of Payment) Act 1974; s.35 Stamp Act 1899; s.6(6)-(7) Power of Attorney Act 2012 · Documents: MoFA-attested power, Stamp duty payment, Application to the Collector

Tip: Keep written proof of every submission date; in 2025 the High Court Division held that delay caused by the treasury could not be held against the attorney.

Registration where land is involved

An irrevocable power for sale, mortgage or development of land must be registered. The Rules also require a power executed abroad to be filed for registration with the sub-registrar, where registration applies, within four months of receipt; in practice this covers any power dealing with immovable property. Since January 2026 the Registration Act allows a document executed abroad to be presented within six months of its arrival, but the safer course is to meet the four-month rule.

Whether a purely litigation power must also be filed is unsettled, so the cautious course is to file it too.

Where: Deputy Commissioner's office (Collector) and sub-registry · Time: 1-4 weeks · Law: s.6(1) Power of Attorney Act 2012; Rule 10(5)(ga) Power of Attorney Rules 2015 (four months); s.26 Registration Act 1908 (six months, as amended by Act 14 of 2026); Writ Petition No. 3890 of 2025 (HCD, 7 December 2025) · Documents: Stamped power, Registration fees, Property schedule and khatian

Tip: If the sub-registrar refuses registration as time-barred because of an official delay, the High Court Division can direct registration by writ.

Attorney signs, verifies and files

With a valid power, the attorney acts as the client's recognised agent. The attorney signs the vakalatnama appointing the advocate, signs the plaint or written statement, and verifies it on the facts the attorney knows personally or from records. The power, or a certified copy, is filed with the pleading so the court can see the authority. A company abroad acts through an officer or attorney authorised by board resolution. A defective case from abroad power of attorney is one of the commonest objections the other side raises at this stage.

Where: Civil court of first instance (Civil Judge, Senior Civil Judge or Joint District Judge) · Time: 1-4 weeks · Law: Order III rules 1, 2 and 4 Code of Civil Procedure 1908; Order VI rules 14 and 15 Code of Civil Procedure 1908; Order XXIX rule 1 Code of Civil Procedure 1908 · Documents: Stamped (and, if needed, registered) power, Vakalatnama, Plaint or written statement with verification

Tip: File a certified copy and keep the original safe; produce the original only when the court asks to see it.

Defending a case served abroad

A defendant who lives abroad and has no agent in Bangladesh may be served by summons sent to the foreign address by post, and by electronic means, which since the 2026 amendment expressly include SMS, voice calls and instant messaging services. Once served, the time for a written statement starts to run whether or not the defendant is in Bangladesh. The client should instruct a Dhaka advocate at once, sign a vakalatnama or power, and file the defence through the attorney.

Ignoring a summons risks an ex parte decree that can later be executed against property in Bangladesh.

Where: Civil court of first instance (Civil Judge, Senior Civil Judge or Joint District Judge) · Time: 30-60 days to respond · Law: Order V rule 9(3) (as amended 2026) and rule 25 Code of Civil Procedure 1908; Order VIII rule 1 Code of Civil Procedure 1908; Order IX rule 13 Code of Civil Procedure 1908 (as amended 2026: a decree may be set aside only once at the same defendant's instance) · Documents: Summons and plaint copy, Vakalatnama or power, Written statement

Tip: Keep your Bangladesh e-mail and phone details up to date with your lawyer; electronic service now counts.

Swearing affidavits at the mission

Many applications, such as for injunctions or attachment, need a supporting affidavit. A Bangladeshi diplomatic or consular officer abroad may administer oaths and take affidavits, and an affidavit sworn before them is as effectual as one sworn in Bangladesh and admissible without proof of the seal. Alternatively the attorney swears in Dhaka on facts within the attorney's knowledge. For writ petitions in the High Court Division, the deponent normally swears before a Supreme Court Commissioner of Affidavits, so check the registry's current practice before relying on a mission affidavit.

Where: Bangladesh embassy, high commission or consulate · Time: 1-10 days · Law: s.3(1)-(2) Diplomatic and Consular Officers (Oaths and Fees) Act 1948; s.139 Code of Civil Procedure 1908; Chapter XIA Supreme Court of Bangladesh (High Court Division) Rules 1973 · Documents: Draft affidavit from the advocate, Identity documents, Annexures initialled by the deponent

Tip: Have the advocate send the final text for swearing; changing an affidavit after it is sworn means swearing it again.

Evidence: what the attorney can prove

Examination-in-chief is now given on affidavit, followed by cross-examination. The attorney can give evidence of acts the attorney personally did, such as managing the property, receiving rent or dealing with the defendant, and can prove documents in the attorney's custody. Oral evidence must be direct, so the attorney cannot testify in place of the principal about facts only the principal knows, such as what was said at a meeting the attorney did not attend. Where the client's own knowledge is essential, plan for the client's evidence by video, on commission or in person.

Where: Civil court of first instance (Civil Judge, Senior Civil Judge or Joint District Judge) · Time: Several hearings over 6-24 months · Law: Order XVIII rule 4A Code of Civil Procedure 1908 (inserted 2026); s.60 Evidence Act 1872 · Documents: Affidavit in chief, Documents to be exhibited

Tip: Choose an attorney who actually handled the property or transaction; a relative with no first-hand knowledge makes a weak witness.

Video hearings and virtual evidence

The Use of Information Technology by Courts Act 2020 allows courts to hold hearings and take evidence by video, and treats a party's virtual presence as personal presence in court. Whether a particular judge allows it is a matter for that court, subject to Supreme Court practice directions. On 3 May 2026 the Chief Justice suspended the Wednesday and Thursday virtual sittings of both Divisions of the Supreme Court until further notice, so hearings there are in person; the Act itself remains in force.

The advocate can apply, with reasons such as distance or health, for the client to attend or testify by video from a suitable location.

Where: Civil court of first instance (Civil Judge, Senior Civil Judge or Joint District Judge) · Time: Per hearing · Law: ss.3, 4 and 5 Use of Information Technology by Courts Act 2020 (Act 11 of 2020); Supreme Court practice directions on virtual courts · Documents: Application for virtual attendance, Identity proof, Technical details of the link

Tip: Test the connection with the court's IT staff before the date; a dropped link usually means an adjournment.

Commission to examine the client abroad

Where the client's evidence is necessary but travel is not possible, the court may issue a commission to examine a person resident beyond its jurisdiction, and for a person outside Bangladesh it may issue a commission or a letter of request to a foreign court. The commission may be executed by a court, an advocate or another person the court appoints, who records the evidence and returns it. Evidence taken on commission can be read at trial where the witness remains beyond the court's jurisdiction.

Where: Civil court of first instance (Civil Judge, Senior Civil Judge or Joint District Judge) · Time: 3-12 months · Law: Order XXVI rules 2, 4(1)(a) and 5 Code of Civil Procedure 1908; Order XXVI rules 7-8 Code of Civil Procedure 1908 · Documents: Application with affidavit, Interrogatories or questions, Commissioner's fees deposit

Tip: Commissions are slow and costly; where the judge permits, video evidence is usually quicker.

Judgment, decree and execution through the attorney

After judgment the attorney obtains certified copies, reports the result and, if the client wins, applies for execution, which since 2026 can be done in the record of the original suit itself. If the power expressly allows it, the attorney can receive money paid into court and give receipts, after which the client arranges remittance abroad through a bank. If the client loses, the appeal deadline usually starts from the decree, so instructions must be quick. A well-drafted case from abroad power of attorney carries the client through these final steps without new paperwork.

Where: Civil court of first instance (Civil Judge, Senior Civil Judge or Joint District Judge) · Time: 1-3 months after judgment · Law: Order XX rules 6-7 Code of Civil Procedure 1908; Order XXI rules 10 and 104 Code of Civil Procedure 1908 (as amended 2026); s.7 Power of Attorney Act 2012 · Documents: Certified copy of judgment and decree, Execution application, Receipts for money paid out

Tip: Ask the advocate to send the judgment the day it is signed; the 30-day (District Judge) or 90-day (High Court Division) appeal period passes quickly from abroad.