Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Bangladesh Legal Practitioners and Bar Council Order, 1972.
Section/Order/Article/Rule/Regulation Head Note
Article 8

Whether mandatory or directory
Where a statute requires something to be done or to be done in a particular manner and the consequences of failure to do the needful are also provided, the provision of the law must be construed as mandatory but when the statute does not specify the consequences of failure to do something in a particular manner, the provision is directory. Article 8 of Order 1972 is, therefore, directory and not mandatory.
The Secretary, Bangladesh Bar Council -Vs.- A. F. M. Faiz and others 2 ALR (2013)(AD) 67 ....View Full Judgment

Article 27(1)(i)/ (d) and 40(2)(t)

read with
The Bangladesh legal practitioners and Bar Council Rules, 1972
Rule 65A
Appellate Division opinion is as under:
(a) A profession of law being founded on great traditions that it is not a business but a part of a scheme of a welfare State where all segments of public reposed faith in them to protect their fundamental rights, they are answerable to the social conscience of the society and have moderate obligation towards them who are unable to protect their interest.
(b) Lawyers are duty bound to contribute in building social order so that the fruits of the social economic justice reach to the poor segment of people of the country, and therefore, a lawyer owes a duty to be fair not only to his client but also to the society.
(c) Bangladesh Bar Council is rendering public utility service and law cast on this Body in the national hope that the members of legal profession will serve society and keep the cannons of ethics defeating an honourable order.
(d) The Bar Council shall frame Rules with approval of the government to monitor the standard of legal education to be observed by universities and law colleges in Bangladesh and the inspection of the universities and colleges for that purpose in accordance with article 40(2)(t) of P.O.46 of 1972.
(e) The Bar Council shall publish a syllabus to be taught by the universities and law colleges compulsorily which will award LLB honours and pass course degree certificates and that no person shall be allowed to be enrolled as an advocate unless he/she obtains a graduation certificate on law on those subjects in accordance with article 27(1)(i) and (d) of P.O. 46 of 1972.
(f) The Bar Council has exclusive power to recognize a decree in law obtained by any person from any university or college and it has power to curtail/exonerate the power to practice of any person either in the district courts or in the High Court Division.
(g) No private university shall issue Bachelor of Law degree unless such person undergoes four years education in law course and this direction shall have prospective effect. No public or private university shall admit students in bachelor of law course more than 50 (fifty) students in a semester.
(h) The Bar Council has power not to recognize any degree in respect of any student for being enrolled as an advocate who has not studied four years horours course in law along with other subjects in any private university.
(i) No public or private university or law college shall issue any law degree certificate to a student which does not have sufficient number of teachers to teach the law subject, as may be prescribed by the Bangladesh Bar Council.
(j) The Bar Council may limit/increase the age limit of a person to be enrolled as an advocate either in the district courts or the High Court Division by framing rules.
(k) Rule 65A of the Bangladesh legal practitioners and Bar Council Rules, 1972 intravires the constitution and P.O. 46 of 1972.
The Bar Council shall complete the enrolment process of the applicants to be enrolled as advocates in the district courts each calendar year. .....Bangladesh Bar Council =VS= A.K.M. Fazlul Kamir, (Civil), 2017 (2)– [3 LM (AD) 132] ....View Full Judgment

Article 34(8) Rule 6 of Chapter-IV

Bangladesh Bar Council Canons of Professional Conduct and Etiquette. An Advocate shall not communicate with, or appear before a public officer, board, committee or body, in the professional capacity, without first disclosing that he is an Advocate representing interests that may be affected by the action of such officer, board, committee or body.
Esrarul Huq Chowdhury -Vs.- Md. Amir Hossain 3 ALR(2014)(1)(AD) 113 ....View Full Judgment

Article 36(1)

Before enrollment as an Advocate and by practicing fraud respondent No.1 represented him self as an Advocate subsequently he enrolled himself as an Advocate, he is guilty of gross misconduct.
Respondent No.1 not being an Advocate falsely representing himself as an Advocate appeared before the Assistant Settlement Officer on 03.06.1997 long before his enrollment as an Advocate and by practicing fraud he represented the complainant-appellant not having been engaged as an Advocate before the Assistant Settlement Officer and got the case dismissed relinquishing the claim of the complainant-appellant over the case property. This conduct of respondent No.1 is highly immoral, reprehensible and beyond the dignity, ethics and morality and in that view of the matter, the Tribunal rightly found that respondent No.1 committed gross misconduct which is very much unbecoming of a member of the Bar.
Esrarul Huq Chowdhury -Vs.- Md. Amir Hossain 3 ALR(2014)(1)(AD) 113 ....View Full Judgment

Article 40(1) (3); 10(j); 40(k)

read with
Code of Civil Procedure, 1908, Section—115(1)
Article 40(1) of the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 empowers the Bar Council to make rules to carry out the purpose of this Order and Article 40(3) provides that until rules are made by the Bar Council, the power of the Council under this Article shall be exercised by the Government. Article 10(j) empowers the Bar Council to perform all other functions conferred on it by or under this Order while Article 40 (k) empowers it to do all other things necessary for discharging the aforesaid functions.
The expression to carry out the purpose of this Order’ as employed in Article 40(1) includes power of appointment, removal, dismissal etc. of the Employees of the Bar Council. No doubt, Article 40(3) authorises the Government in absence of framing of the Rules to exercise the power of the Bar Council but Article 40(3) does not oust the power of the Bar Council explicitly. According to Article 10(J) of the Order, the Bar Council is vested with the authority to perform functions conferred on it under this Order.
Bangladesh Bar Council Vs Basiruddin Ahmed, 21 BLD (AD) 83. ....View Full Judgment

Article 44 (g)

A lawyer is obliged to observe the norms of behaviour expected of the community in him as an officer of the Court– A lawyer is obliged to observe the norms of behaviour expected of him, which make him worthy of confidence of the community in him as an officer of the Court. In the instant case inspite of the fact that the respondent No.1 was not enrolled as an Advocate with Bangladesh Bar Council when he had falsely represented himself to be an Advocate before the Assistant Settlement Officer in the Objection Case and without being engaged on behalf of the appellant represented him in the objection case as an Advocate, his behaviour was very much unbecoming as a member of the noble profession and the Bangladesh Bar Council rightly took disciplinary proceedings against him as stated above.
We find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. The judgment and order dated 20.03.2006 passed by the High Court Division in First Miscellaneous Appeal No.199 of 2005 so far as it relates to modification of the sentence debarring the respondent No.1 from pursuing his legal profession permanently for life to a period of 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. …Esrarul Huq Chowdhury =VS= Md. Amir Hossain, Advocate, (Civil), 2020 (1) [8 LM (AD) 224] ....View Full Judgment

Article 44 (g)

Professional misconduct— What constitutes— An Advocate can not act against the interest of his client and accept the brief of the adverse party
Though the term "professional misconduct" has not been defined in the statute or the rules, the expression has got a well-defined meaning. Article 44(g) of the Bangladesh Bar Council Order, 1972 (P.O. 46 of 1972) under the heading "conduct with regard to clients" provides that an advocate shall not accept employment adverse to the client or former client etc. When the appellant was entrusted with the conduct of the suit for which he accepted fees and as such even if he did not file power in his name he cannot absolve himself from the responsibility of being the plaintiffs advocate. Acceptance of brief in a suit against the interest of his client clearly amounts to professional misconduct.
A.K.M. Rezaul Karim Vs. Md. Iskander Ali & another- 4 BLD (AD) 170. ....View Full Judgment

The Bar Council shall prescribe/give guide lines to all the universities and colleges teaching on law subjects and conferring law degrees to the students–
If a person holding judicial office is permitted to practice directly in the High Court Division after retirement, why not a professor of law of a university who had taught law students or a high ranking government servant having law degree, who held judicial office (Magistracy) and quashi judicial in his career should not be allowed to practice in the High Court Division in the similar manner of a retired judicial officer. We hope that the Bar Council shall look into the matter and if such categories of persons are permitted, the Bar will be enriched and enlightened. We hope that the Bar Council shall prescribe/give guide lines to all the universities and colleges teaching on law subjects and conferring law degrees to the students. It should compel them to follow the syllabus on subjects to be taught, which should be uniform and in case of violation, it would not recognise the law degree of such institute. If it can restrict the recognition of those students, who have obtained law degree from the universities and colleges which do not teach basic law subjects and have no permanent qualified teachers on all subjects of law, the standard of law graduates will be improved. .....Bangladesh Bar Council =VS= A.K.M. Fazlul Kamir, (Civil), 2017 (2)– [3 LM (AD) 132] ....View Full Judgment