To be an Advocate in Bangladesh

To be an Advocate in Bangladesh

Rules of Enrolment:

The purpose of pupilage is to acquire knowledge and experience in client interview, preparation of brief, finding of law and citations, conducting and arguing cases before the court and following or even emulating the senior. A pupil must closely follow this senior who is an eminent advocate of the Bar and help him in all matters concerning preparation and presentation of cases before the court so that he may learn through experience and practice. A pupil should be utmost respectful and obedient to his senior. He must not shirk any responsibility given by his senior and shall ever be ready to assist his senior as desired by and demanded by him. The attendance of the pupil to his senior’s chamber and also to the court house with his senior should be regular. The senior will certify his regular attendance. Any irregularity in attendance will be viewed with disfavor. It is expected as always that the senior (pupil master) will be kind and considerate to his pupil and encourage them to grow into true lawyers following their example.

Enrolment Procedure

v    A citizen of Bangladesh who has obtained a law degree from any University in Bangladesh or our side Bangladesh regencies by the Bar Council or was called to the Bar is entitled to be enrolled as Advocate provide that he / she has to qualify in the enrolment examination held under the direction and supervision of the Enrollment Committee of the Bar Council. Before appearing at the enrolment examination every person except the persons who were admitted as Advocates in any Country from the SAARC reason or who were called to the Bar, shall have to undergo pupilage for a period of 6(six) months in the Chamber of an Advocate of at least 10 years standing in the profession and is considered by the concerned Bar Association to be fit and capable of accepting pupil for imparting legal training.

v    Provided that a person shall be capable of being a pupil immediately after appearing at the final examination for a degree in law. In the event of failure to succeed in the law degree examination the contract of pupilage shall also fail. Such person shall have to execute fresh contract of pupilage after appearing at the next examination for the law degree.

v    A dully filled up Registration Form prescribed by the Bar Council along with the contract of pupilage should reach the Secretary of the Bar Council within 30 days of its execution along with an affidavit shorn in by the pupil affirming execution of such contract. He /she shall also enclose therewith a Pay order/Bank draft of Tk. 400/- (four hundred) only in favor of the “Bangladesh Br Council” as Registration fee. The photocopy o9r typed form of contract of pupilage and the affidavit on stamp paper is acceptable. The photocopy or typed form of Registration Form on Cartridge paper or ledger paper is acceptable.

v    After completion of the pupilage as well as publication of the result of law degree examination a candidate shall have to apply in prescribed Form ‘A’ for appearing written examination for enrolment as Advocate along with the requisites depicted therein including an affidavit in support of his application. The prescribed Form ‘An’ Affidavit and Form ‘G’ are enclosed the prospectus.

v    Every applicant for admission as an Advocate shall have to pass a written and a viva voce examination conducted by the Enrolment Committee of the Bar Council. The written examination shall be of one paper of 100 marks and the duration of the examination shall be of 4 hours. To qualify in th4 written examination a candidate shall have to obtain 50 marks to qualify in the written examination and, thereafter, the qualified candidate shall have to undertake a Bar Vocational Course of six weeks conducted by the Legal Education & Training Institute of the Bangladesh Bar Council and then he /she shall have to appear in viva voce examination. Pass marks of viva voce examination is 25 out of 50.

v    Qualified candidates of the written examination shall have to a pass the viva voce examination in three attempts within a period of three years from the date of his /her written examination result.

Fees for Enrolment:

Description	Fees
v    Registration v    Examination for enrolment as advocate v    Enrolment Examination Late fee v    Examination for High Court enrolment as advocate            v    High Court Examination Late Fee v    Examination for Viva as advocate v    Re- Examination for High Court enrolment as advocate v    Re- Examination for enrolment as advocate          v    Examination for High Court Viva as advocate	400.00 2400.00 200.00 6000.00 200.00 300.00 1000.00 700.00 1000.00

Syllabus for advocate examination:

Office of the Bangladesh Bar Council

Bar Council Bhaban,

Ramna, Dhaka

Examination for Enrolment as Advocate: [Time 4 Hours] (Syllabus Examinations for enrolment as Advocates). [Total Marks-100] 6(six) questions to be answered taking one from each Group.

Group - A:

The Civil Procedure Code, 1908

(Marks-16)

Ø     Section 2: Definition

Ø     Sections 9 to 12: Jurisdiction and Res Judicata

Ø     Sections 15 to 20: Place of Suing

Ø     Sections 22 to 24: Power of transfer of suits

Ø     Sections 38, 39 & 48: About Execution of decree

Ø     Sections 96, 97,104,105 & 107: Appeal from decree

Ø     Order (See Order 41, Rules 1 to 6 and Order 43 Rules 1)

Ø     Section 114; Review (See Order 47 Rule 1)

Ø     Section 115: Revision

Ø     Section 144: Restitution

Ø     Section 151: Inherent Power of Court

Ø     Order 6 Rule 17: Amendment of pleadings

Ø     Order 7 Rules 1 to 15: Plaint

Ø     Order 8 Rules 1 to 8: Written Statement and set off

Ø     Order 23 Rules 1 to 3: Withdrawal & adjustment

Ø     Order 38 Rules 5 to 12: Attachment before judgment

Ø     Order 39 Rules 1 to 4: Temporary injunction

Ø     Order 40 Rules 1: Appointment of Receiver.

Group - B:

The Specific Relief Act, 1877

(Marks-16)

Ø     Section 9 : Suit for possession

Ø     Sections 12 to 17 : Contracts which may be specifically enforced

Ø     Sections 21 & 22 : Contracts not specifically enforced and discretion of court

Ø     Sections 39 & 40 : Cancellation of instrument

Ø     Section 42 : Declaration of status or right

Ø     Section 45: Power to order to do specific acts.

Ø     Sections 52 to 57: Injunctions.

Group - C:

The Criminal Procedure Code, 1898

(Marks-16)

Ø     Section 4 : Definitions

Ø     Section 6 : Classes of criminal courts

Ø     Sections 9,10,12, & 14 : Court of Session, District Magistrate, Subordinate Magistrate & Special Magistrates

Ø     Sections 107 to 110 : Security for keeping the peace and for good behavior

Ø     Section 144: Temporary order in urgent cases.

Ø     Sections 145 & 146 : Dispute as to immovable property

Ø     Sections 154 & 155 : Information in cases

Ø     Sections 172 & 175 : Diary investigation, Report of police officer

Ø     Sections 200 to 205: Complaints to Magistrates & Commencement of Proceeding.

Ø     Sections 241 to 249: Trial of summons cases.

Ø     Sections 404 to 410, 412 to 414, 417 to 420: Appeals.

Ø     Sections 435, 436, 438, 439 and 439A: Reference and revision

Ø     Section 476: Procedure in cases in section 195

Ø     Section 488 :Order for maintenance of wives and children

Ø     Sections 496 to 498 and 498A : Bail

Ø     Sections 526, 526B and 528 : Transfer of cases

Group - D:

The Penal Code, 1860

(Marks-16)

Ø     Sections 34 & 35 :Common intention, when such act is criminal

Ø     Sections 96 & 97: Right of private defense

Ø     Section 107: Abatement

Ø     Section 149 : Prosecution of common object

Ø     Sections 299, 300, 301, 304 & 304A: Offence affecting life

Ø     Sections 319 to 322, 324 & 326 : Hurt

Ø     Sections 339 & 340: Wrongful restraint and confinement

Ø     Sections 359 & 362 : Kidnapping & abduction

Ø     Section 375 : Rape

Ø     Sections 378 to 380 : Theft

Ø     Section 383 : Extortion

Ø     Sections 390, 391, 394 & 396 : Robbery & dacoity

Ø     Sections 403 & 405: Dishonest misappropriation & breach of trust

Ø     Sections 415, 416 & 420 : Cheating

Ø     Section 425 : Mischief

Ø     Sections 441 & 446 : Criminal trespass

Ø     Sections 463 & 464: Forgery.

Group - E:

(Marks-16)

(i)              The Limitation Act, 1908

(ii)            The Evidence Act, 1872  

The Limitation Act, 1908

Ø     Section 3: Suits to be dismissed if instituted after limitation

Ø     Section 5 : Extension of period

Ø     Section 6 : Legal disability

Ø     Section 12 : Exclusion of time in legal proceeding

Ø     Section 14 : Exclusion of time spent bonafide in other forum

Ø     Section 18 : Effect of fraud

Ø     Section 19 : Effect of acknowledgment

Ø     Section 20 : Effect of payment

Ø     Section 23: Continuing breaches and wrongs.

Ø     Section 29: Savings.

(ii) Evidence Act, 1872

Ø     Section 17 : Admission

Ø     Sections 24 to 26: Confession

Ø     Sections 32 & 33: Statement of persons who cannot be called as witness

Ø     Sections 59 & 60 : Oral evidence

Ø     Sections 61 & 63 : Documentary evidence

Ø     Sections 74 & 75 : Public & Private document

Ø     Sections 101 to 106 and 114, 115: Burden of proof and presumption, estoppels

Ø     Sections 137 to 142, 145,146,151, 152, 155, 157 and 159: Examination of witness.

Group - F:

 The Bangladesh Legal Practitioner & Bar Council Order & Rules, 1972

(Marks-20)

Ø     Ethics of Advocates

Ø     Bar Council Rules

Ø     Legal Decisions

Ø     Rules of Professional Etiquette

Ø     Functions of the Bangladesh Bar Council

Ø     Formation of the Bangladesh Bar Council

Ø     Power of the Bangladesh Bar Council

Ø     Difference between Bar Council & Bar Association

Ø     Legal decisions and reports.

http:www.a-z-az.blogspot.com