Rule 65A
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The President’s Order.46 of 1972
Article 27(1)(i)/ (d) & 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 |