Podcast
Questions and Answers
What actions can be taken against an advocate found guilty of professional misconduct?
What actions can be taken against an advocate found guilty of professional misconduct?
Who can initiate a complaint against an advocate for misconduct?
Who can initiate a complaint against an advocate for misconduct?
What is the composition of the Tribunal established by the Bar Council?
What is the composition of the Tribunal established by the Bar Council?
What is the maximum number of members in the Complaints and Vigilance Committee?
What is the maximum number of members in the Complaints and Vigilance Committee?
Signup and view all the answers
Which of the following is NOT true regarding the immunity clause in the Bangladesh Legal Practitioners and Bar Council Order?
Which of the following is NOT true regarding the immunity clause in the Bangladesh Legal Practitioners and Bar Council Order?
Signup and view all the answers
What can the Bar Council do regarding complaints received against an advocate?
What can the Bar Council do regarding complaints received against an advocate?
Signup and view all the answers
What is the role of the senior most advocate in a Tribunal?
What is the role of the senior most advocate in a Tribunal?
Signup and view all the answers
What is the time frame for appealing an order from a Tribunal under Article 36?
What is the time frame for appealing an order from a Tribunal under Article 36?
Signup and view all the answers
Which of the following statements regarding the Attorney General and the Tribunal is accurate?
Which of the following statements regarding the Attorney General and the Tribunal is accurate?
Signup and view all the answers
Who serves as the Chairman of the Enrolment Committee?
Who serves as the Chairman of the Enrolment Committee?
Signup and view all the answers
Which body hears appeals made under Article 36?
Which body hears appeals made under Article 36?
Signup and view all the answers
Which committee is NOT listed under the Rule 75A Bar Council Rules 1972?
Which committee is NOT listed under the Rule 75A Bar Council Rules 1972?
Signup and view all the answers
What is the primary function of the Bar Council according to Article 3?
What is the primary function of the Bar Council according to Article 3?
Signup and view all the answers
What is the required experience at the subordinate court for an LL.B holder to practice before the High Court Division?
What is the required experience at the subordinate court for an LL.B holder to practice before the High Court Division?
Signup and view all the answers
What happens to an appeal made under Article 36 in terms of the order being appealed?
What happens to an appeal made under Article 36 in terms of the order being appealed?
Signup and view all the answers
What is the right of pre-audience specified for the Attorney General?
What is the right of pre-audience specified for the Attorney General?
Signup and view all the answers
How many members are on the Bar Council, as stated in Article 5?
How many members are on the Bar Council, as stated in Article 5?
Signup and view all the answers
Under what condition can a person convicted for an offence involving moral turpitude reapply to become an advocate?
Under what condition can a person convicted for an offence involving moral turpitude reapply to become an advocate?
Signup and view all the answers
What is the maximum number of consecutive terms an advocate can serve on the Bar Council according to Article 5A?
What is the maximum number of consecutive terms an advocate can serve on the Bar Council according to Article 5A?
Signup and view all the answers
Which of the following statements about the Tribunal under the Bar Council Order 1972 is true?
Which of the following statements about the Tribunal under the Bar Council Order 1972 is true?
Signup and view all the answers
What is a significant feature of the Bar Association as defined in Article 2(bb)?
What is a significant feature of the Bar Association as defined in Article 2(bb)?
Signup and view all the answers
What penalties can be imposed on an advocate if the allegations against them are proved?
What penalties can be imposed on an advocate if the allegations against them are proved?
Signup and view all the answers
What compensation is given to an advocate if false allegations are made against them?
What compensation is given to an advocate if false allegations are made against them?
Signup and view all the answers
What is the role of the Chairman of the Tribunal regarding preliminary issues?
What is the role of the Chairman of the Tribunal regarding preliminary issues?
Signup and view all the answers
What authority does the Tribunal have regarding the enforcement of attendance and documents?
What authority does the Tribunal have regarding the enforcement of attendance and documents?
Signup and view all the answers
What happens to an advocate's record if they are reprimanded or suspended?
What happens to an advocate's record if they are reprimanded or suspended?
Signup and view all the answers
Under what circumstance can the Tribunal review its own decision?
Under what circumstance can the Tribunal review its own decision?
Signup and view all the answers
What is true about the certification recall process of an advocate?
What is true about the certification recall process of an advocate?
Signup and view all the answers
What is required for the Tribunal to compel the attendance of a presiding officer from a court?
What is required for the Tribunal to compel the attendance of a presiding officer from a court?
Signup and view all the answers
Who holds the position of Chairman of the Bar Council?
Who holds the position of Chairman of the Bar Council?
Signup and view all the answers
What is the maximum term duration for an Ad-hoc Bar Council?
What is the maximum term duration for an Ad-hoc Bar Council?
Signup and view all the answers
How many members are elected for the Finance Standing Committee?
How many members are elected for the Finance Standing Committee?
Signup and view all the answers
Which of the following is NOT a reason for the formation of an Ad-hoc Bar Council?
Which of the following is NOT a reason for the formation of an Ad-hoc Bar Council?
Signup and view all the answers
Who is responsible for appointing the Secretary of the Bar Council?
Who is responsible for appointing the Secretary of the Bar Council?
Signup and view all the answers
What happens to a member who is absent from three consecutive meetings without permission from the chairman?
What happens to a member who is absent from three consecutive meetings without permission from the chairman?
Signup and view all the answers
How many elected members constitute the Executive Standing Committee?
How many elected members constitute the Executive Standing Committee?
Signup and view all the answers
Which group of members is NOT required for the Legal Education Standing Committee?
Which group of members is NOT required for the Legal Education Standing Committee?
Signup and view all the answers
Study Notes
Bangladesh Legal Practitioners and Bar Council Order and Rules 1972
-
References:
- "Bar Council Order" refers to the Bangladesh Legal Practitioners and Bar Council Order 1972.
- "Bar Council Rule" refers to the Bangladesh Legal Practitioners and Bar Council Rule 1972.
- "Article" refers to articles contained in the Bar Council Order 1972.
- "Rule" refers to rules contained in the Bar Council Rules 1972.
Complaints Procedure
- Complaint Procedure: Complaints are handled through a Vigilance Committee (5 members elected by the Council).
- Misconduct: An advocate can be reprimanded, suspended, or removed from practice for professional misconduct (Article 32(1)).
- Court Complaints: Courts can file complaints against advocates for misconduct (Article 32(2)).
- Bar Council Referral: If a complaint isn't dismissed immediately, the Bar Council refers it to a Tribunal for action.
- Suo Motu Complaints: The Bar Council can also initiate complaints on its own (Rule 50).
- Immunity Clause (Article 18): No legal action is permitted against the Bar Council, Tribunal, committee, or officers acting in good faith.
- Tribunal Formation: Tribunals are formed as per Article 33.
Tribunal Procedures
- Tribunal Composition: Tribunals consist of three members, two elected Bar Council members and a senior advocate.
- Attorney General: The Attorney General cannot be a member of the Tribunal.
- Secretary of Tribunal: The Secretary of the Bar Council acts as the Secretary of the Tribunal.
- Hearing: The Tribunal sets a date and notifies the advocate and Attorney General.
- Penalty (Article 32(1)): If allegations are proven, penalties are imposed.
- Dismissal (If not proven): If allegations are not proven, the complaint will be dismissed.
- Compensation (False Allegations): 500tk compensation if the allegations are false and vexatious.
- High Court Execution: Tribunal orders concerning costs are enforceable like High Court orders.
- Striking Off/Certificate Recall: If an advocate is removed from the roll, their name is struck off and the certificate recalled (in certain circumstances).
- Suspension: If the Tribunal suspends an advocate, it specifies the duration.
- Preliminary Issues: The Tribunal Chairman can delegate tasks to other members.
- Review: A Tribunal can review its own decisions (suo motu) or upon application and on matters under Article 32(1).
Additional Provisions
- Powers of the Tribunal (Article 35): Tribunal powers are similar to those of a court as prescribed by the Civil Procedure Code, 1908, except for matters relating to presiding officers of courts.
- Civil Court Jurisdiction: Tribunals can use civil courts to enforce summons or compel witness and document production.
- Appeals (Article 36): Aggrieved parties can appeal to the High Court Division within 90 days of a Tribunal's decision.
- Stay of Orders (Article 38): An appeal doesn't automatically delay the Tribunal's order. However, the High Court has the power to grant a stay.
Miscellaneous
- President's Order 46 of 1972: Retrospective effect, passed on 18 May 1972, came into effect March 26, 1971 (with revisions in 2021).
- Bar Association: Bar Associations are mentioned as including Supreme Court Bar Associations and local bar associations (Article 2(bb))
- Bar Council as Statutory Body (Article 3): The body is described as having continuous existence and the ability to take actions in legal matters (acquiring, holding property, and contracting).
- Bar Council Tenure (Article 4): Elected members of the Bar Council serve three-year terms
- Bar Council Membership (Article 5): The Bar Council has 15 members, 14 elected and the Attorney General who is an ex officio member.
- Bar Council Restrictions (Article 5A): No person can hold Bar Council member positions for more than two consecutive terms.
- Bar Council Officers (Article 6/Article 6A): The Chairman and Vice-Chairman are elected. The Secretary position is appointed by the government.
- Election of Bar Council Members (Article 8): Elections are to be held by 31st May.
- Bar Council Cancellation of Membership: The circumstances that lead to the cancellation of a Bar Council member are listed.
- Bar Council Composition & Functions (Articles 8(3), 10 & 11): The Article lists 6 committees, some permanent members, and describes the different functions of the Bar Council Committees.
- Rights of Advocates (Article 21, 26, 27): Advocates' priority, practice rights, eligibility (for high court or subordinate courts) are detailed.
- Disqualifications: Circumstances in which advocates can lose their status to practice are outlined.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Test your knowledge on the Bangladesh Legal Practitioners and Bar Council Order and Rules established in 1972. This quiz covers the complaints procedure, misconduct regulations, and the role of the Bar Council in handling cases against advocates. Perfect for law students and practitioners in Bangladesh.
