1. Introduction
1.1. Definition of Law: Law is a system of rules, usually enforced through a set of
institutions. Law is the command of the political superior; i.e. sovereign, to the
political inferior.
According to Salmond, “Law is the body of principles recognized and applied by
the state in the administration of justice.”
Another, which is possibly superior to that of Salmond, since it has a slightly wider
application, is that of James: “A body of rules for the guidance of human conduct
which are imposed upon and enforced among the members of a given state”.
1.2. Classification of Law:
Laws can be primarily divided into two broad categories; (a) national or domestic
law (b) International law. Both these categories may again divide into two sub-
categories: (i) public law and (ii) private law. Both public and private law may be
substantive law or procedural (adjective) law. Public laws can also be divided into
civil, criminal, penal or special laws. Except those categories there are some other
categories which are known as subordinate or delegated laws e.g. order, rule,
regulation etc.
National/ Domestic law: The law which discusses with the domestic matters of a
particular state. In Bangladesh there are about 1200 laws are existing now. It may
be public, private etc.
Public law: Public law determines and regulates the organization and functioning
of the state and its relationship with the citizens' e.g. constitutional law, criminal
law, tax law, administrative law etc.
Private law: Private law determines and governs the relations of citizens with each
other e.g Law of Contracts, Torts, property etc.
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2. International Law: According to S.J.Lawrence, International law is, "The rules
which determine the conduct of the general body of civilized state in their mutual
dealings."
International law is divided into two categories i.e. (i) Public International Law and
(ii) Private International Law
i) Public International Law: Public International Law implies the body of rules,
which the states have established in their mutual dealings and relations. The Law
of war, Law of Peace and Law of Neutrality are generally known as Public
International Law. It is based on treaties or International conventions. It may be
civil or criminal (e.g. extradition, piracy on the High seas, oil pollution offences
etc).
ii) Private International Law: The law which discusses with the relationship of
the citizen of one state with other is known as private International Law. It is
mainly civil in nature (e.g. rules for determining the validity of foreign marriage,
divorce, and contract entered into between two foreign persons or companies
etc.)Private International law is concerned with dealing with any one or more of
the three questions, namely: (a) the jurisdiction of domestic court; (b) the choice of
law and (c) the jurisdiction of foreign court.
1.3. Types of lawyers in Bangladesh
In terms of enrolment there are five types of lawyers are now existing in
Bangladesh
(i) Advocates to the subordinate Court: Advocates to the subordinate Court who
are entitled to practice in all the Subordinate Courts of Bangladesh only.
(ii) Advocates to the High Court: Advocates to the High Court who have right to
practice in the High Court and all the subordinate courts of Bangladesh.
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3. (iii) Advocates on record who are entitled to practice before the Appellate
Division. A senior Advocate or any other Advocate in the Appellate Division can
plead in any appeal only under the instruction of an Advocate-on-Record. No case
can be filed in the Appellate Division without engaging an Advocate-on-Record.
(iv) Senior Advocate: According to Rule 11 of Order IV of the Appellate Division
Rules, 1988, the Chief Justice and the judges may, on application or otherwise,
select, from time to time, from among those whose names are on the Roll of the
Advocates, persons who are judged, by their knowledge, ability and experience, to
be worthy of being granted the status of Senior advocate and on signing the Roll of
Senior Advocates shall assume the said status. A senior advocate cannot be
enrolled as Advocate-on-Record (Rule 16).
(v) Advocate to the Appellate Division: According to Rule 3 of Order IV of the
Appellate Division Rules, 1988 a person may be appointed as an Advocate to the
Appellate Division who has practiced in the High Court Division as an Advocate
for a period of not less than five years. A person who is not enrolled in the
Appellate Division may appear with special permission.
Advocate for the State
In Bangladesh there are four types of lawyers or officers who are appearing on
behalf of the prosecution i.e. state. The Govt, has enacted a new Law in 2008
through which the Attorney Generals and other law officers working for the state
to the subordinate courts will be appointed.
(1) Attorney General: The Attorney general for Bangladesh is appointed by the
President whose mainly functions in the Supreme Court though he has the right of
audience in all courts of Bangladesh. Article -64 of our constitution provides that
the Attorney General shall perform such duties as may be assigned to him by the
President. In the Supreme Court except the Attorney General for Bangladesh there
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4. are also Additional Attorney generals, Deputy Attorney generals, Assistant
Attorney Generals etc to plead on behalf of the State.
Article-:26. (1) The Attorney General for Bangladesh shall have the right of pre-
audience over all other advocates.
(2) The right of pre-audience among other advocates shall be determined by
seniority interest.
(ii) Public Prosecutor (PP):
In respect of criminal matters in the subordinate
Courts especially before the Sessions Courts or Special Tribunals Public
Prosecutors are appointed by the Government. The Prosecutors may appear for the
State before the Magistrate Courts also. The PP's are of three types, public
prosecutor, additional Public prosecutor and Assistant Public prosecutors.
(iii) Government Pleaders (G P): In civil matters the Government may appoint
any qualified lawyers to appear on behalf of the State who will be known as GP.
(iv) Court Sub Inspector (CSI): In the Magistrate Courts or Subordinate criminal
Courts the Government may appoint some Police officers to act on behalf of the
State who are known as CSI.
(v) Solicitors: Solicitor’s office takes care of and monitors litigations by or against
the government in different courts of the country including the Supreme Court.
This office is also responsible for appointment and discipline of all Government
Pleaders and public prosecutors.
1.4. Sources of Business law:
1. Parliament:
2. English Mercantile Law:
3. Customs and usages
4. Judicial decisions
5. Scientific commentaries
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