Advocateship Enrolment Procedure in Bangladesh

Author:– Advocate Shoaibur Rahman Shoaib

A person must be enrolled in any recognized Bar Association to appear, act and plead before any Court, Tribunal or revenue authority of Bangladesh. As Rule- 06(1) states that “No person shall practiced as an Advocate unless he is a member of a Bar Association of the place at which he ordinarily practices”.

When a person’s name is entered in the roll of the Bar Council s/he will be known as an Advocate (Article 2(a) of the Bangladesh Legal Practitioners and Bar Council Order, 1972). However, such enrolment is not to be confused with the membership of the Bar Council. Membership is mainly an elected position. The Bar Council consist of fifteen members and Advocates on the roll elect 7 Members of the Bar Council for a term of three years. Who will be the rest 8 members are stated in Article 5 of the Bangladesh Legal Practitioners and Bar Council Order, 1972.

The enrolment procedure can be describe in stages:

1.Pupillage Stage

2.M.C.Q Examination

3.Written Examination, and

4.Viva-voce Examination

1. Academic Stage
To qualify for enrolment procedure, generally, one has to… (Article 27(1))

1.be a citizen of Bangladesh
2.at the age of 22 years
3.obtain a law degree from any recognized University situated in Bangladesh, or in abroad, or
4.the person is a barrister

2. Pupillage Stage
The person qualify in the academic stage may attend in the enrolment examination held under the direction and supervision of the Enrollment Committee of the Bangladesh Bar Council. However, before appearing at the enrolment examination every person shall have to undergo pupillage for a period of 6(six) months under a practicing Advocate of at least 10 years standing in the profession.

For the 6 months pupillage,
a. A properly filled up Registration Form (See below) prescribed by the Bar Council along with the contract of pupilage should reach to 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.

b. S/he shall also enclose therewith a payment receipt of Tk. 800/= as Registration fee deposited through a bank pay slip provided by the Bar council office. Candidate shall have to collect prescribed Registration form from the Bar Council office by depositing Tk. 400/= through a bank pay slip provided by the Bar council office.

Registration of the candidates for enrolment as Advocates shall remain valid for 5 (five) years. If the candidate fails to pass the written examination within 5 (five) years of the date of registration his/ her registration shall stand canceled.

3. M.C.Q Examination
Upon completion of the pupillage
a candidate shall have to apply in prescribed Form ‘A’ for appearing in the M.C.Q. examination for enrolment as Advocate along with the requisites depicted therein including an affidavit in support of his application.

The prescribed Form ‘A’, Affidavit and Form ‘G’ are enclosed in the prospectus. Candidate shall have to collect a set of Form `A` & Form `G` from the Bar Council office by depositing Tk. 350/= through a bank pay slip provided by the Bar council office.
The M.C.Q. examination shall be of 100 marks of 100 question and the duration shall be 1 (one) hour.
A candidate must obtain atleast 50 marks  to appear in the written examination

4. Written Examination
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 the written examination a candidate shall have to obtain at least 50 marks to qualify in the written examination. Candidates who failed to pass the written examination shall have to qualify next M.C.Q. examination to appear in the written examination again.

5. Viva-voce Examination
Pass marks of viva voce examination is 25 out of 50. 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.

Candidates shall have to collect prescribed forms from the Bar Council office by depositing requisite fee (i.e. Registration form fee for Enrolment Tk. 400/=, Examination form fee for Enrolment Tk. 350/=, re-appear form fee for Enrolment & Viva-voce examination Tk. 100/= etc) through a bank pay slip provided by the Bar council office.

After passing the Viva exam, one is entered in the roll of Advocates prepared and maintained by the respected Bar Associations, and to be called as Advocate.

However, Advocates of the Local Bar Associations need to attend another exam (after two or one year(s) of enrolment) to get the permission for the Supreme Court.

Updated 2014: Marks Distribution and Syllabus for Enrolment Exam in Bangladesh

Syllabus for Advocate Examination

bangladeshbarcouncil.org/index.php?menu_id=67&exmCouncil

Detail Syllabus:

Group –A (i) —The Code of Civil Procedure 1908
·        Definitions
·        Scope and application of the Code of Civil Procedure
·        Meaning of suits of civil nature
·        Jurisdiction of civil courts
·        Res judicata and Res subjudice
·        Place of suing
·        Institution of suits and proceedings
·        Parties to suits
·        Pleadings and amendment of pleadings
·        Plaint
·        Written statement and set off
·        Summons
·        Discovery and inspection
·        Appearance and Non-appearance of parties
·        Examination of parties
·        Admissions, production, impounding and return of documents
·        Settlement of issues and disposal of suits
·        Adjournments
·        Hearing of the suit and examination of witnesses
·        Affidavits
·        Interim Orders: Arrest and attachment before judgment, Appointment of receiver, Temporary injunctions, Commission, Security for costs
·        Alternative Dispute Resolution: Mediation, Arbitration and Mediation in appeal
·        Transfer of suits
·        Suits in particular Cases: Suits by and against government or public officers, Suits by and against aliens and foreign rulers, Suits by or against corporations, Suits by or against trustees, executors and administrators, Suits by or against minors and lunatics, Suits relating to public nuisance, Suits relating to public charities
·        Various kinds of Suits: Representative Suit, Inter-pleader Suit, Pauper suit, Money Suit, Title Suit etc.
·        Withdrawal and compromise of suits
·        Death, marriage and insolvency of parties
·        Suits involving interpretation of the Constitution
·        Judgment and decree
·        Execution of decree
·        Appeal
·        Review
·        Revision
·        Reference
·        Restitution
·        Inherent power of the courts

Group – A (ii)– The Specific Relief Act 1877

Specific Relief how given
-Nature of preventative relief
-Recovery of Possession of Property
-Specific performance of contracts
-Rescission of contracts
-Rectification of the instruments
-Cancellation of the instruments
-Declaratory decrees
-Injunction: Temporary and Perpetual Injunction, when such injunctions are granted and when refused; provisions relating to mandatory Injunction.

Group –B–The Code of Criminal Procedure 1898

·        Definitions
·        Constitution and powers of criminal courts
·        Information of offence v
·        Arrest, escape and retaking
·        Temporary order in urgent cases
·        Security for keeping the peace and for good behaviour
·        Dispute as to immovable property
·        Processes to compel appearance
·        Processes to compel the production of documents
·        Prevention of offences
·        Information to the police and their powers to investigate
·        Diary of proceedings in investigation and Report of police officer
·        Proceedings in prosecutions: the jurisdiction of the criminal courts in inquiries and trials
·        Complaints to Magistrates & commencement of proceedings
·        Trial of cases by magistrates
·        Summary trial
·        Trial before the courts of sessions
·        General provisions as 10 inquiries and trials
·        Procedure in cases mentioned in section 195
·        Bail, bailable offence and non-bailable offences
·        Compoundable offences and non-compoundable offences
·        Transfer of cases
·        Special proceedings
·        Supplementary provisions regarding public prosecutor
·        Commission for the examination of witnesses
·        Trial in absentia
·        Directions of the nature of a habeas corpus
·        Inherent power of High Com! Division
·        Appeal
·        Reference
·        Revision

Group – C–The Penal Code 1860

·        Essential elements of an offence
·        General explanations
·        Acts done by several persons in furtherance of common intention
·        Abetment
·        Punishment: its objectives and limits
·        General exceptions
·        Criminal conspiracy
·        Offences against the state
·        Offences against the public tranquility
·        Offences by or relating to public servants
·        Contempt of the lawful authority of public-servants
·        False evidence and offences against public justice
·        Offences relating to coin and government        stamps
·        Offences relating to weight and measures
·        Offences affecting the public health, safety, convenience decency and morals.
·        Offences affecting the human body
·        Criminal intimidation
·        Offences against property
·        Offences relating to Documents and to trade or property marks; Offences relating to marriage
·        Defamation
·        Attempts to commit offences

Group – D–The Evidence Act, 1872

·        Interpretation clause
·        Facts in issue and relevancy of facts
·        Admission and confession
·        Statements by persons who cannot be called as witnesses
·        Statements made under special circumstances
·        Oral evidence
·        Documentary evidence
·        Public documents and private documents
·        Presumption as to documents
·        Exclusion of oral evidence by documentary evidence
·        Production and effect of evidence
·        Burden of proof
·        Estoppel
·        Witnesses, Examination of witnesses
·        Role of judges in adversarial system and inquisitorial system.

Group – E– The Limitation Act, 1908

·        Objects, interpretation and application of the Limitation Act, 1908
·        Definitions
·        Limitation of suits, appeals and applications
·        Legal disability
·        Computation of period of limitation
·        Grounds of extension and exemption of period of limitation
·        Suspension of limitation
·        Waiver of limitation
·        Effect of fraud and acknowledgment of Limitation
·        Effect of payment
·        Exclusion of time in legal proceedings
·        Continuing breaches and wrongs
·        Adverse possession
·        Acquisition of right to easements
·        The First Schedule (Description of suit, appeal and application, Period of limitation, Time from which period begins to run)

Group – F–Professional Ethics, Bar Council Order & Rules, Legal Decisions and Reports

·        Legal profession and social responsibilities
·        Lawyers and public interest
·        Confidentiality, transparency and accountability of a Lawyer Oath of an Advocate
·        Canons of Professional Conduct and Etiquette
·        Composition and functions of the Bangladesh Bar Council
·        Difference between Bar Council & Bar Association
·        Constitution, jurisdiction and procedure of Bangladesh Bar Council Tribunal
·        The Bangladesh Legal Practitioners and Bar Council Rules, 1972
·        Legal decisions and law reports

Bangladesh Bar Council – Enrollment Examination: Relevant Acts–

Group
Subject A
(i) The Code of Civil Procedure 1908

(ii)The Specific Relief Act 1877

Subject B
The Code of Criminal Procedure 1898

Subject C
The Penal Code 1860

Subject D
The Evidence Act 1872

Subject E
The Limitation Act 1908

Subject F
Professional Ethics,
Bar Council Order & Rules,
Legal Decisions and Reports.

For more details:–plz visit below link of Bangladesh Bar Council

bangladeshbarcouncil.org/index.php?menu_id=26&exmenu=26

Posted from Advocate Shoaibur Rahman Shoaib