Bar Council Order and Rules 1972 Quiz
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Questions and Answers

An advocate can be removed from practice if found guilty of professional misconduct.

True (A)

The Bar Council has the authority to refer a case to the Tribunal based solely on complaints from the public.

False (B)

The Tribunal must consist of at least five members according to the Bar Council's rules.

False (B)

The Attorney General is eligible to be a member of the Tribunal.

<p>False (B)</p> Signup and view all the answers

The Bar Council or Tribunal is immune from legal proceedings if acting in good faith.

<p>True (A)</p> Signup and view all the answers

A complaint can be summarily rejected by the Bar Council without review.

<p>True (A)</p> Signup and view all the answers

The Chairman of the Tribunal is always the most junior advocate among its members.

<p>False (B)</p> Signup and view all the answers

The Complaints and Vigilance Committee consists of five members elected by the Bar Council.

<p>True (A)</p> Signup and view all the answers

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.

<p>True (A)</p> Signup and view all the answers

An appeal made under Article 36 operates as a stay of the order appealed.

<p>False (B)</p> Signup and view all the answers

The tenure of the elected Bar Council members is 4 years.

<p>False (B)</p> Signup and view all the answers

Only the elected members can hold office in the Bar Council.

<p>False (B)</p> Signup and view all the answers

The Bar Council Order was enacted on 18th May 1972.

<p>True (A)</p> Signup and view all the answers

A statutory autonomous body can hold both movable and immovable property.

<p>True (A)</p> Signup and view all the answers

An advocate can serve more than 2 consecutive terms on the Bar Council.

<p>False (B)</p> Signup and view all the answers

An Ad Hoc Bar Council can only be formed during regular operations.

<p>False (B)</p> Signup and view all the answers

The Tribunal may impose penalties if allegations against an advocate are proved.

<p>True (A)</p> Signup and view all the answers

If an advocate is found guilty of false allegations, the Tribunal must issue a warning instead of a monetary compensation.

<p>False (B)</p> Signup and view all the answers

The Tribunal has the authority to review its decisions on its own initiative or upon application.

<p>True (A)</p> Signup and view all the answers

The Tribunal has full autonomy to compel the presence of witnesses without restrictions.

<p>False (B)</p> Signup and view all the answers

An advocate who is suspended will have their name recorded against them in the roll of advocates.

<p>True (A)</p> Signup and view all the answers

The Tribunal is considered a part of the criminal court system.

<p>False (B)</p> Signup and view all the answers

The Tribunal can issue commissions for the examination of witnesses just like a court under CPC 1908.

<p>True (A)</p> Signup and view all the answers

A Tribunal's order regarding costs is not executable as an order of the High Court Division.

<p>False (B)</p> Signup and view all the answers

The Chairman of the Enrolment Committee can only be a Justice from the Appellate Division.

<p>False (B)</p> Signup and view all the answers

The Attorney-General for Bangladesh has the right of pre-audience over all other advocates.

<p>True (A)</p> Signup and view all the answers

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.

<p>False (B)</p> Signup and view all the answers

There are six committees established under the Bar Council Rules 1972.

<p>True (A)</p> Signup and view all the answers

A person convicted of an offence involving moral turpitude can apply to become an advocate after a period of 4 years.

<p>False (B)</p> Signup and view all the answers

The Vice-Chairman of the Bar Council is directly appointed by the Attorney General.

<p>False (B)</p> Signup and view all the answers

An Ad-hoc Bar Council can have a term lasting more than one year.

<p>False (B)</p> Signup and view all the answers

The Secretary of the Bar Council is appointed from among lawyers practicing in the Supreme Court.

<p>False (B)</p> Signup and view all the answers

The Bar Council has a total of 11 defined functions.

<p>True (A)</p> Signup and view all the answers

Elections for the Bar Council must be held by June 1st of the year when the term expires.

<p>False (B)</p> Signup and view all the answers

The Chairman of the Bar Council is elected by the general membership every year.

<p>False (B)</p> Signup and view all the answers

A member of the Bar Council can be removed for being absent from three consecutive meetings without permission.

<p>True (A)</p> Signup and view all the answers

The Ad-hoc Bar Council consists of 15 members as determined by a government notification.

<p>True (A)</p> Signup and view all the answers

Flashcards

Bar Council Complaint Process

A procedure for complaining about lawyer misconduct, involving a complaint and vigilance committee and a tribunal.

Professional Misconduct (Lawyers)

Actions by a lawyer that violate professional standards, warranting disciplinary action.

Disciplinary Action (Lawyers)

Actions taken against a lawyer for misconduct, such as reprimand, suspension, or removal from practice.

Tribunal for Legal Practitioners

A specialized court-like body that hears and resolves complaints against lawyers, made of Bar Council members and a co-opted lawyer.

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Tribunal Composition

A tribunal consists of three members: two elected Bar Council members and one co-opted lawyer, senior-most being the chairman.

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Immunity to Bar Council and Tribunal

Protection for Bar Council, tribunal members, officers, or staff involved in processing lawyer complaints, if acting in good faith

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Court Complaint to Bar Council

Courts can refer complaints of lawyers' misconduct to the Bar Council.

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Bar Council's Suo Motu Action

Bar Council can on its own, initiate cases against lawyers, referred to a tribunal

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Article 34 Function

Article 34 outlines the procedure for tribunals to hear allegations against advocates, impose penalties, and decide cases involving false allegations or vexatious actions.

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Article 34 Penalty

If proved guilty of misconduct or false allegations, the disciplinary tribunal can reprimand, suspend, or remove the lawyer from the roll.

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Article 34 Tribunal Powers

Tribunals can issue orders like those from a High Court, issue subpoenas, and even record evidence.

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Article 35 Tribunal Powers

Article 35 gives tribunals similar powers to civil courts for enforcing attendance, demanding documents, and issuing commissions for witness examination.

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Tribunal Limitations Article 35

Tribunals cannot force attendance of high court judges or officers of criminal/revenue courts without prior permission.

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Tribunal Process Enforcement

Tribunals can send summons and other legal documents to regular courts for execution in any location.

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Secretary Succession

By virtue of their position, the secretary of a Tribunal is also the secretary of the Bar Council.

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Tribunal Review

Tribunals can review their prior decisions on their own initiative (suo motu) or upon requests.

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Article 36 Appeal

A 90-day appeal to the High Court Division for orders from a Tribunal (under Article 34).

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High Court Division (HCD)

The court that reviews appeals made to it.

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Stay Order (HCD)

The High Court can temporarily halt an order from the Tribunal.

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Bar Council Order 1972

A set of rules and regulations governing the Bar Council.

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Ad Hoc Bar Council

A temporary Bar Council formed during emergencies.

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Bar Council Member Requirements

14 elected members plus the Attorney General.

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Bar Council Term Limit(s)

Advocates can't hold Bar Council seats for more than 2 consecutive terms.

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Tribunal (Bar Council Order)

A body established under the Bar Council order 1972 for specific issues.

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Who is the Bar Council Chairman?

The Attorney General serves as the Chairman of the Bar Council, holding this role automatically due to their position.

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How is the Bar Council Vice-Chairman chosen?

The Vice-Chairman is elected by the 14 elected members of the Bar Council.

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Who appoints the Bar Council Secretary?

The Government appoints the Bar Council Secretary, choosing someone from among the District Judges or Additional District Judges.

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When are Bar Council elections held?

Bar Council elections must be held on or before May 31st of the year when the current Bar Council's term ends.

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How does the Bar Council announce election dates?

The Bar Council Chairman declares the election schedule at least 45 days before the current committee's term expires.

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What is an Ad Hoc Bar Council?

An Ad Hoc Bar Council is a temporary committee formed when regular elections are impossible due to events like pandemics, epidemics, or natural disasters.

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What are the Bar Council's key functions?

The Bar Council has 11 functions, including setting professional standards, regulating legal education, and representing lawyers.

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What are the types of committees in the Bar Council?

The Bar Council has three standing committees (Executive, Finance, Legal Education) and additional committees like the Enrolment committee, which are formed as needed.

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Attorney General's Pre-Audience Right

The Attorney General for Bangladesh has the right to speak in court before any other advocate.

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Seniority Pre-Audience

Among advocates, the right to speak in court first is determined by their seniority.

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Disqualification for Moral Turpitude

A lawyer convicted of a crime involving moral turpitude (dishonesty) cannot practice law until 5 years have passed.

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Disqualification for Government Dismissal

A lawyer dismissed from government service for moral turpitude cannot practice law for 2 years after dismissal.

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Enrolment Committee Chairman

The Chairman of the Enrolment Committee is a Justice from the Appellate Division of the High Court, possibly the Chief Justice himself.

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Study Notes

  • 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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Bangladesh Legal Practitioners and Bar Council Order and Rules 1972 PDF

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.

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