Bangladesh Legal Practitioners And Bar Council Order And Rules, 1972

 

Bangladesh
Legal Practitioners And Bar Council Order And Rules, 1972

 

Article—40(1)
(3); 10(j); 40(k);

Code of
Civil Procedure, 1908, Section—115(1)

Article
40(1) of the Bangladesh Legal Practitioners and Bar Council Order and Rules,
1972 empowers the Bar Council to make rules to carry out the purpose of this
Order and Article 40(3) provides that until rules are made by the Bar Council,
the power of the Council under this Article shall be exercised by the
Government. Article 10(j) empowers the Bar Council to perform all other
functions conferred on it by or under this Order while Article 40 (k) empowers
it to do all other things necessary for discharging the aforesaid functions.

The
expression to carry out the purpose of this Order’ as employed in Article 40(1)
includes power of appointment, removal, dismissal etc. of the Employees of the
Bar Council. No doubt, Article 40(3) authorises the Government in absence of
framing of the Rules to exercise the power of the Bar Council but Article 40(3)
does not oust the power of the Bar Council explicitly. According to Article
10(J) of the Order, the Bar Council is vested with the authority to perform
functions conferred on it under this Order.

Bangladesh
Bar Council Vs Basiruddin Ahmed, 21 BLD (AD) 83

 

Article—34(6)

Suing for
compensation

After
examining the signatures it was found that the signatures of P.W.2 in the
deposition sheet and in the sale deed are of the same hand and the Court held
that the complaint petition is malicious. Under such circumstances the
appellant may sue for compensation.

Abdul Hamid,
Advocate Vs. Bangladesh Bar Council 17 BLD (HCD) 547.

 

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