April 15, 2024, 2:01 am

How How About An Advocate Status

How About An Advocate Status Engaging Cause of And Promoting Justice?

How About An Advocate Status Engaging Cause of And Promoting Justice? Both a Judge and an advocate are engaged in serving the cause of and promoting justice. Together they form a team. The team spirit will be absent if their relationship is not founded upon mutual respect, trust and confidence: A Judge should be accommodative to the learned members of the Bar and if possible accede to their prayer for adjournment on their personal ground, but the learned members of the Bar should also recognize that they cannot claim any adjournment of a hearing as a matter of right. True he receives his instructions form his client, but once engaged in a case he becomes an officer of the court and must make his services available to the court, Thus how about an Advocate Status is narrated == *Bibhu Ranjan Das vs. Hakim Ali and others, 53 DLR 114.
A lawyer engaged by a litigant public has no right to absent himself from a court when the case of this client comes up for hearing. It is the bounden duty on the part of the learned lawyer to attend to that case in the court or he can make such other arrangements for the proper representation of the case of his client in the court. The learned lawyer owes a duty not only to his client but also to the court. A learned lawyer owes a sacred duty to the society not to encourage shady cases by which courts night be overburdened denying justice to the genuine litigants. The learned Members of the Bar as the Officers of the Court and also as the companion of the cause of justice may have a valuable contribution to the cause of justice if they screen out frivolous and fraudulent litigations and refuse to accept them saving the courts from being over flooded with frivolous, fraudulent and misconceived cases. It is expected that the co-operation of the Bar will be readily forthcoming in this regard == *Amirunnessa and others vs. Abdul Mannan and others, 20 BLD 14. 
ADVOCATE: MEANING:“Advocate’ means a person enrolled as such under the Bangladesh Legal Practitioners and Bar Council Order, 1972, (PO of 1972) == *General Clauses Act, 1897 (X of 1897), Section 2(2a).


Mistake advice of a lawyer may no doubt constitute sufficient cause for condonation of delay in certain circumstances but once the normal period of limitation is allowed to run out, the application has to explain every day’s delay, Limitation Act, 1908 (IX of 1908), Section 5 == *A. Jalil vs. Upendra Chandra Saha and others, 45 DLR 381. Wrong advice of the counsel with due care and caution would be sufficient ground for extension of time___ Gross negligence of counsel cannot be ground for extension of time Limitation act,1908 (IX of 1908), Section 5 == *Allah Wasaya and others vs. Muhammad Shakir, 10 DLR (WP) 75. 


Appearances, etc. may be in person, by recognized agent or by pleader___ Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf: Provided that any such appearance shall, if the Court so directs, be made by the party in person in regards to clarify how about an advocate status.” == *Code of Civil Procedure (V of 1908), Order III, rule 1. 


Lawyer’s Certificate: When a certificate from an advocate of a superior court is placed before a subordinate Court conveying a prohibitory order the later should rather believe than doubt the authenticity of such communication___ In case of any doubt the subordinate court may ask the party producing the certificate to file an affidavit. Lest the practice of communicating a court’s order by a lawyer’s certificate is not abused, the party relying on such certificate should rather file an affidavit. Where is no justification for doubting the authenticity of an order of superior Court it is the duty of the subordinate Court to carry out that order and it cannot take up the plea that as the order had not been officially communicated it was at liberty to ignore it, Bench constituted with MH Rahman, ATM Afzal, Mustafa Kamal and Latifur Rahmnan, JJ. (Judgment delivered by MH Rahman, J.), Contempt Petition No. 1 of 1990 == *Chairman Kushtia Co-operative Industrial Union Ltd. vs. Mujibur Rahman and others, 44 DLR (AD) 219.


Contempt by Judicial officer ignoring Advocate’s certificate___ A certificate issued by the concerned Advocate informing the contemner Assistant Judge about the issuance of the Rule and stay of the Execution Case by the High Court Division should have been considered authentic enough. The conduct displayed by the contemner Assistant Judge to ignore the Advocate’s certificate  and application for stay constituted willful disobedience of the Court’s order. The authority of the Court have been undermined and the public confidence in the administration of justice shaken, This cannot be allowed and the contemner’s ignorance of the law is no excuse. Contempt of Courts Act (XII of 1926, Section 2, Bench constituted with DM Ansaruddin Ahmed an Abdul Hasib, JJ. (Judgment delivered by Abdul Hasib, J.), Contempt causes No. 1 of 1989 == *Ayub Ali Mohaldar vs. Md. Shahjahan and others, 44 DLR 101. 
Thus in the way How About An Advocate Status is mention by Rulings and Decisions has been made .

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