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Questions and Answers
An advocate can be removed from practice if found guilty of professional misconduct.
An advocate can be removed from practice if found guilty of professional misconduct.
True
The Bar Council has the authority to refer a case to the Tribunal based solely on complaints from the public.
The Bar Council has the authority to refer a case to the Tribunal based solely on complaints from the public.
False
The Tribunal must consist of at least five members according to the Bar Council's rules.
The Tribunal must consist of at least five members according to the Bar Council's rules.
False
The Attorney General is eligible to be a member of the Tribunal.
The Attorney General is eligible to be a member of the Tribunal.
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The Bar Council or Tribunal is immune from legal proceedings if acting in good faith.
The Bar Council or Tribunal is immune from legal proceedings if acting in good faith.
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A complaint can be summarily rejected by the Bar Council without review.
A complaint can be summarily rejected by the Bar Council without review.
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The Chairman of the Tribunal is always the most junior advocate among its members.
The Chairman of the Tribunal is always the most junior advocate among its members.
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The Complaints and Vigilance Committee consists of five members elected by the Bar Council.
The Complaints and Vigilance Committee consists of five members elected by the Bar Council.
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A person has 90 days to appeal an order of a Tribunal to the High Court Division from the date of the Tribunal's order communication.
A person has 90 days to appeal an order of a Tribunal to the High Court Division from the date of the Tribunal's order communication.
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An appeal made under Article 36 operates as a stay of the order appealed.
An appeal made under Article 36 operates as a stay of the order appealed.
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The tenure of the elected Bar Council members is 4 years.
The tenure of the elected Bar Council members is 4 years.
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Only the elected members can hold office in the Bar Council.
Only the elected members can hold office in the Bar Council.
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The Bar Council Order was enacted on 18th May 1972.
The Bar Council Order was enacted on 18th May 1972.
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A statutory autonomous body can hold both movable and immovable property.
A statutory autonomous body can hold both movable and immovable property.
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An advocate can serve more than 2 consecutive terms on the Bar Council.
An advocate can serve more than 2 consecutive terms on the Bar Council.
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An Ad Hoc Bar Council can only be formed during regular operations.
An Ad Hoc Bar Council can only be formed during regular operations.
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The Tribunal may impose penalties if allegations against an advocate are proved.
The Tribunal may impose penalties if allegations against an advocate are proved.
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If an advocate is found guilty of false allegations, the Tribunal must issue a warning instead of a monetary compensation.
If an advocate is found guilty of false allegations, the Tribunal must issue a warning instead of a monetary compensation.
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The Tribunal has the authority to review its decisions on its own initiative or upon application.
The Tribunal has the authority to review its decisions on its own initiative or upon application.
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The Tribunal has full autonomy to compel the presence of witnesses without restrictions.
The Tribunal has full autonomy to compel the presence of witnesses without restrictions.
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An advocate who is suspended will have their name recorded against them in the roll of advocates.
An advocate who is suspended will have their name recorded against them in the roll of advocates.
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The Tribunal is considered a part of the criminal court system.
The Tribunal is considered a part of the criminal court system.
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The Tribunal can issue commissions for the examination of witnesses just like a court under CPC 1908.
The Tribunal can issue commissions for the examination of witnesses just like a court under CPC 1908.
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A Tribunal's order regarding costs is not executable as an order of the High Court Division.
A Tribunal's order regarding costs is not executable as an order of the High Court Division.
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The Chairman of the Enrolment Committee can only be a Justice from the Appellate Division.
The Chairman of the Enrolment Committee can only be a Justice from the Appellate Division.
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The Attorney-General for Bangladesh has the right of pre-audience over all other advocates.
The Attorney-General for Bangladesh has the right of pre-audience over all other advocates.
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An individual who has been dismissed from government service on a charge involving moral turpitude must wait 3 years before applying to become an advocate.
An individual who has been dismissed from government service on a charge involving moral turpitude must wait 3 years before applying to become an advocate.
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There are six committees established under the Bar Council Rules 1972.
There are six committees established under the Bar Council Rules 1972.
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A person convicted of an offence involving moral turpitude can apply to become an advocate after a period of 4 years.
A person convicted of an offence involving moral turpitude can apply to become an advocate after a period of 4 years.
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The Vice-Chairman of the Bar Council is directly appointed by the Attorney General.
The Vice-Chairman of the Bar Council is directly appointed by the Attorney General.
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An Ad-hoc Bar Council can have a term lasting more than one year.
An Ad-hoc Bar Council can have a term lasting more than one year.
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The Secretary of the Bar Council is appointed from among lawyers practicing in the Supreme Court.
The Secretary of the Bar Council is appointed from among lawyers practicing in the Supreme Court.
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The Bar Council has a total of 11 defined functions.
The Bar Council has a total of 11 defined functions.
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Elections for the Bar Council must be held by June 1st of the year when the term expires.
Elections for the Bar Council must be held by June 1st of the year when the term expires.
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The Chairman of the Bar Council is elected by the general membership every year.
The Chairman of the Bar Council is elected by the general membership every year.
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A member of the Bar Council can be removed for being absent from three consecutive meetings without permission.
A member of the Bar Council can be removed for being absent from three consecutive meetings without permission.
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The Ad-hoc Bar Council consists of 15 members as determined by a government notification.
The Ad-hoc Bar Council consists of 15 members as determined by a government notification.
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Study Notes
Bangladesh Legal Practitioners and Bar Council Order and Rules 1972
- Definitions:
- "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 within the Bar Council Order 1972.
- "Rule" refers to rules within the Bar Council Rules 1972.
Complaints Procedure
- Complaint Process: Complaints are handled by a Vigilance Committee (5 members elected by the council) following Rule 75A(vi).
- Professional Misconduct: An advocate can be reprimanded, suspended, or removed from practice if found guilty of professional or other misconduct under Article 32(1).
- Court Complaints: Courts can file complaints regarding advocate misconduct. The Bar Council refers such cases to the Tribunal if not summarily rejected.
- Suo Motu Referrals: The Bar Council can refer cases to the Tribunal on its own initiative (Rule 50).
- Immunity Clause: No suits or legal proceedings can be brought against the Bar Council, Tribunal, or committee members acting in good faith (Article 18).
- Tribunal Formation: The Tribunal structure is outlined in Article 33.
Tribunal Procedures
- Tribunal Composition: Tribunals consist of three members; two elected from the Bar Council and one senior advocate co-opted. The Attorney General cannot be a member.
- Secretary: The secretary of the tribunal is also the Bar Council's secretary.
- Hearing Dates: Tribunals set hearing dates, notify the advocate and Attorney General.
- Proven Allegations: If allegations are proven, penalties are imposed under Article 32(1).
- False/Vexatious Allegations: Compensation (up to 500tk) is awarded to the advocate if allegations are false/vexatious.
- Cost Orders: Tribunal cost orders are enforceable like High Court orders.
- Roll Removal/Suspension: Removal from or suspension from the advocate's roll is documented.
- Suspension Specificity: Tribunals specify periods of suspension in cases of suspension.
- Preliminary Issues: Tribunal Chairman can appoint a member to decide preliminary issues and record evidence.
- Review Possibilities: Tribulation rulings are reviewable (suo motu or by application) either when imposing penalties under Article 32(1), or in cases covered under Article 34(8).
Further Regulations:
- CPC 1908 powers: Tribunals have the same powers as Courts under CPC 1908 (enforcing attendance, documents and witnesses).
- Civil Court Authority: Tribunals can seek civil court assistance (summons, witness appearances).
- Appeals: Article 36 allows appeals in 90 days to the High Court. The HCD may 'stay' the order.
- Other Article-Specific Information: Other articles cover specifics such as retrospective effects of the order, advocating before courts, rights of pre-audiences and disqualifications.
- Tenure and Membership: Articles detail the Bar Council's tenure, total members, elected members, and Attorney General as ex-officio member.
- Restrictions on Members: No advocate can hold Bar Council member positions for more than 2 consecutive terms. The Bar Council and its affiliated members have various committees outlined in additional articles. Further articles detail the roles and functions of committees.
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Description
Test your knowledge on the Bangladesh Legal Practitioners and Bar Council Order and Rules of 1972. This quiz covers definitions, complaint procedures, and professional misconduct issues as outlined in the relevant articles and rules. Explore the structure and functions of the Bar Council in managing legal practitioners in Bangladesh.
