DEFINITION OF LEGAL INSTANTIATION AND BANGLADESH

InScottish civil procedure, the part of an initial writ that specifies the names and designations of the partiesto an action. See also COURT OF FIRST INSTANCE

The history of the legal profession in Bangladesh is not recent. It has a long history. But when and how it was started and originated is not known to us. During the Hindu and Muslim period the pundits and muftis had been playing an important law before the court and world help the pries in the juridical proceedings. Before the pre British regime in India the legal profession were commonly known as veils and musters and they would work under the supervision of the court. There was no institution of lawyes like to day. It is used to create some problems with a view to control the legal professionals first legal Pretenders Act (Act of 1846) was passed. At that time there were six grades of legal practitioner’s advocates, solicitors (Attornegs), Vakil of the High Court, pleaders, mukters and revenue against in the subordinate courts.

Legal as a system is very comprehensive and wide functioning mechanism, as such a number of agencies and institutions are involved with it. For a single component, it is quite impossible to make this system workable as it intends for. Generally, in any system there exists huge member of object to make that system functioning. The social system is the whole systems of human habituate and the legal system is one of the parts of that. In every system, having a specific boundary in which a number of sub-system function connected with each other. No sub-system loud functions separately. They function inter dependently since the effective functions of a legal system deposes on the effective functions of all sub system involved with acceptable variations.

In Bangladesh, like other countries of the world, there are many legal institutions or sub systems. As we know that a legal system consists of many sub systems. These sub systems may be called the legal institutions which function inter decently within the legal system with a view to render services for the administration of justice and rule of law. There are many important legal institutions of Bangladesh such as follows:

  1. Ministry of Law, Justice and parliamentary affiars
  2. Attorney General for Bangladesh
  3. Reporting Court Decisions Agencies
  4. Legal Organisations
  5. Anti-corruption Commission.
  6. Legal and indecial Reform Project.

Establishment of the Commission:

In the Indian sub-continent the first law commission was established in 1834 under the chairmanship of Lord Macaulay under the charter act of 1833. There after the second, third and fourth law commissions were consecutively established in 1853, 1861 and 1879 respectively.The first law commission in addition to other recommendations made for codification of the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1898. During the Pakistan period two laws return commissions. First me under the chairmanship of Mr. Justice S.A. Rahman in 1958 and the second are under the chairmanship of Mr. Justice Hannoodun Rahman in 1967 were established. Justice S.A. Rahman law commission examined the causes of delay in proposal of civil and criminal case and also made recommendation for making suitable amendments in the related laws. Justice Hamidur Rahaman and law reform commission submitted in extensive report in the matter delay of disposal of civil and criminal.

After emergence of Bangladesh a term portrays law Reform commission was established on 25th May, 1995. But after a few days the government felt it necessary to make that temporary law commission a permanents one under a regular statute. As such a draft law commission bill was prepared and that bill of 1996 was passed by the parliament and the humble president assented it on 9th September 1996 and it became and act of parliament (the law commission Act 1996 Act no xix of 1996)

Composition of the Law Commission:

As per sections of the Law Commission Act, 1996, the commission consists of a chairman and two members. The commission and members of the commission hold their respective office for term of three years for the date of their respective appointment. The chairman and member of the commission have been appointed from amasses the retired chief justice of Bangladesh and  retired judges of  supreme court of Bangladesh. But exception is there in respect of legal academe career .The commission is supported by a secretary and there senior research officers, and are asstt. Secretary and two Translation of officers who are also judicial officers walling a deputation. There are also same this is trial staff in the commission to support administrative works.

Functions of the Law Commission:

With to modernize present medicial system of Bangladesh, the commission will undertake the following Functions. Identify the daises of delay of both civil and criminal cases; for bringing necessary reforms of the present defective juridical system, recommend amendment of laws concerned or/and enactment of new laws in respective areas, to recommend training programs and other measures for the improvement of efficiency and effectiveness role of the juridical officers, law officers, staff and law years. The commission will also recommend acceptable measures for the upgrading of legal education and other legal matters referred by the government from time to time.

LEGAL PROFESSION

For the effective functioning of a legal system of a currently number of people have to be engaged in that system who have special education and skill on it. It is not appearing only in the field of legal system but for all systems requires respective knowledge and skilled people. They can take it as a legal profession. An activity to be a professional must be one earned on by an individual by his personal skill and intelligence. The legal profession occupies a very important position in the legal system as they necessary legal service for both the litigants and corporates

Legal profession means legal job that a man chooses and which needs legal education and training. A legal activity as earning professions is a legal profession. Lawyer by profession is a legal professional man. A person is to give legal advice as a legal professional adviser. Those who have taken legal profession they are called as advocates.

Article 2(a) of the Bar Council Order, 1972, defines advocates as “an advocate whose name is enter into the roll of bar council under article 19 of the same order it is said that an advocate should be entitled as of right to practice throughout Bangladesh and to appear, act and plead behave my court, tribunal, or revenue.

The Bangladesh legal Practioners and Bar Council order, 1972 (President order no 46 of 1972) was issued. The said order provides that no person shall be entitled to practice as a legal professional unless he is an advocate.

A person shall be qualified to be admitted as advocate who will fulfill the conditions which are given below:

(i) He is citizen of Bangladesh.

(ii) Attained the age of 21 years.

(iii) Obtained a degree in law from any recognized university and college by  the government;

(iv) He has passed the examination arranged by the Bar Council,

(v) He has paid the enrolment fees and fulfills other conditions as specified by the Bar Council.

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