Guide lines to all the universities and colleges
|
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
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Bangladesh Bar Council =VS= A.K.M. Fazlul Kamir |
3 LM (AD) 132 |
Article 8
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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
|
The Secretary, Bangladesh Bar Council -Vs.- A. F. M. Faiz and others |
2 ALR (AD) 67 |
Article 27(3) (b)
|
Bangladesh Legal Practitioners and Bar Council Order, 1972
Article 27(3) (b)
The Constitution of Bangladesh, 1972
Article 102(2)
Remove from the office of "Public Prosecutor" of Netrokona District and
also cancel the enrolment of writ-respondent No. 5 as an advocate by the
Bangladesh Bar Council– Article 102(2) of our Constitution provides the
form of relief that may be given by the High Court Division and the
jurisdiction under the said Article being essentially an equitable
jurisdiction, the Court is not debarred from making consequential order for
ends of justice or to do equitable justice– It has already been found
that the very enrollment of the leave petitioner as an Advocate with the
Bangladesh Bar Council is illegal and without lawful authority in view of
Article 27(3) (b) of the Bangladesh Legal Practitioners and Bar Council
Order, 1972, subsequent appointment to the post of Public Prosecutor is
thus illegal and without lawful authority. As such the directions which
were prayed for in the writ petition and granted by the High Court Division
while passing the impugned judgment and order are completely consequential
orders/directions to make the declaration, i.e. the main relief, a
meaningful one in the eye of law. The findings and decision arrived at by
the High Court Division being based on proper appreciation of law and fact
the same do not call for any interference by this Division. .....Golam Md
Khan Pathan =VS= Md Mosharraf Hossain, (Civil), 2022(2) [13 LM (AD) 238]
....View Full Judgment
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Golam Md Khan Pathan =VS= Md Mosharraf Hossain |
13 LM (AD) 238 |
Article 27(1)(i)/ (d) and 40(2)(t)
|
The Bangladesh legal practitioners and Bar Council Order, 1972
Article 27(1)(i)/ (d) and 40(2)(t) r/w
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
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Bangladesh Bar Council =VS= A.K.M. Fazlul Kamir |
3 LM (AD) 132 |
Article 34(8) Rule 6 of Chapter-IV
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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
|
Esrarul Huq Chowdhury -Vs.- Md. Amir Hossain |
3 ALR (AD) 113 |
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
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Esrarul Huq Chowdhury -Vs.- Md. Amir Hossain |
3 ALR (AD) 113 |
Article 40(1) (3); 10(j); 40(k)
|
Bangladesh Legal Practitioners and Bar Council Order, 1972
Article 40(1) (3); 10(j); 40(k)
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.
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Bangladesh Bar Council Vs Basiruddin Ahmed |
21 BLD (AD) 83 |
Article 40(2)(t)
|
Bar Council is created not only for routine work but also to monitor the
standard of legal education for upholding the great tradition of the law
profession– No doubt that the Bar Council failed to Act as per P.O No.46
of 1972 i.e. the Bangladesh Legal Practitioner and Bar Council Order, 1972.
The Bar Council should be more visible and keep it in mind that the Bar
Council is created not only for routine work but also to monitor the
standard of legal education for upholding the great tradition of the law
profession. It is pertinent to be mentioned here that to keep the standard
of the profession the elected representatives of the Bar Council as well as
the ex-officio Chairman of the Bar Council should take appropriate steps to
uphold the great tradition of legal profession. .....Bangladesh Bar Council
=VS= Maksuda Parvin, (Civil), 2022(1) [12 LM (AD) 40]
....View Full Judgment
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Bangladesh Bar Council =VS= Maksuda Parvin |
12 LM (AD) 40 |
Article 44 (g)
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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
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Esrarul Huq Chowdhury =VS= Md. Amir Hossain, Advocate |
8 LM (AD) 224 |
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.
|
A.K.M. Rezaul Karim Vs. Md. Iskander Ali & another |
4 BLD (AD) 170 |
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.
|
A.K.M. Rezaul Karim Vs. Md. Iskander Ali & another |
4 BLD (AD) 170 |
Rule 54 (4)
|
Cancelling the enrolment Sanad–– There is no provision of re-hearing in
writ jurisdiction once judgment and order is passed and signed by the High
Court Division–– Appellate Division have no hesitation to hold that the
High Court Division has committed serious error and also travelled beyond
its jurisdiction in re-hearing the Rule Nisi making the same absolute after
recalling the earlier order of ‘disposed of the Rule’. This Division is
sorry to say that this kind of gratuitous relief by the High Court Division
is perversed one and highly regrettable. ––The impugned judgment and
order of the High Court Division is set aside. The Bar Council is directed
to take immediate steps to resolve the matter in the light of the provision
of Rule 54 (4) of the Bangladesh Legal Practitioners and Bar Council Rules
preferably within 6(six) months from the date of receipt of this judgment
and order, where the parties may be given chance to adduce the evidence in
support of their respective case. .....Bangladesh Bar Council =VS= Advocate
Md. Toyob Ali, (Civil), 2023(2) [15 LM (AD) 201]
....View Full Judgment
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Bangladesh Bar Council =VS= Advocate Md. Toyob Ali |
15 LM (AD) 201 |