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The Bangladesh Legal Practitioner's and Bar Council Order, 1972 (President's Order)

( ACT NO. 46 Of 1972 )

 
 
 
 
35. (1) For the purposes of any such enquiry as aforesaid, a Tribunal shall have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:-
 
 
 
 
(a) enforcing the attendance of any person,
 
 
 
 
(b) compelling the production of documents, and
 
 
 
 
(c) issuing commissions for the examination of witnesses:
 
 
 
 
Provided that the Tribunal shall not have power to require the attendance of the presiding officer of any Court save with the previous sanction of the High Court or, in the case of an officer of a Criminal or Revenue Court, of the Government.
 
 
 
 
(2) Every such enquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Bangladesh Penal Code (Act XLV of 1860); and a Tribunal shall be deemed to be a Civil Court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).
 
 
 
 
(3) For the purpose of enforcing the attendance of any person or compelling the production of documents or issuing commissions-
 
 
 
 
(a) the local limits of the jurisdiction of a Tribunal shall be those of the jurisdiction of the Bar Council; and
 
 
 
 
(b) a Tribunal may send to any Civil Court having jurisdiction in the place where the Tribunal is sitting any summons or other process for the attendance of a witness or the production of a document required by the Tribunal, or any commission which it desires to issue, and the Civil Court shall serve such process or issue such commission, as the case may be, and may enforce any such process as if it were a process for attendance or production before itself.
 
 
 
 
 
 
 
 
(4) Proceedings before a Tribunal in any such enquiry shall be deemed to be civil proceedings for the purposes of section 132 of the Evidence Act, 1872 (Act I of 1872), and the provisions of that section shall apply accordingly.

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