| Citation(s) |
|---|
| 1972 SLG 284 1972 SLD 284 1972 SCMR 485 |
Supreme Court of Pakistan
Civil Appeal No. 31 of 1972, heard on 27th October 1972(On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 24th April 1972, in Writ Petition No. 28 of 1972)
SAJJAD AHMAD, WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
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Civil Appeal No. 31 of 1972, heard on 27th October 1972(On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 24th April 1972, in Writ Petition No. 28 of 1972)
SAJJAD AHMAD, WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
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The WEST PAKISTAN BAR COUNCIL TRIBUNAL, Lahore High Court--Appellant
VS
MR. YUSUF ALI KHAN, BARATLAW--Respondent
Law:
Section:
(a) Legal Practitioners and Bar Councils Act (III of 1965) read with West Pakistan (Dissolution) Order (President's Order No. 1 of 1970), Arts. 19, 15 & 17(4)-Act III of 1965 preserved by P. O. No. 1 of 1970 with necessary adaptations-Constitution of West Pakistan Bar Council, committees and personnel and their functioning thereunder-Also preserved and validly continued-Act III of 1965 shall continue in force, as far as applicable and with necessary adaptations, until altered, repealed, or amended by appropriate Legislature or other competent authority. The Legal Practitioners and Bar Councils Act, 1965 has been preserved with the necessary adaptations and the constitution of the West Pakistan Bar Council Tribunal and its functioning thereunder, too, have been preserved and continued. Article 19 read with Articles 15 and 17(4) of the President's Order No. 1 of 1970 makes this absolutely clear. The language of Article 19 is quite clear. As there is no express provision by or under the President's Order No. I in regard to the Act, the Act shall continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature or other competent authority. The Legal Practitioners and Bar Councils Act, 1965, together with the Committees and Tribunals constituted thereunder remain valid and their personnel as well as their functions also have been validly continued. (b) Legal Practitioners and Bar Councils Act (III of 1965), Ss. 36 & 38(3)(6) read with Legal Practitioners & Bar Council Rules, 1969, r. 51-Advocate, suspension of-Can be made only after finding him guilty of professional misconduct-Tribunal not finding such charge established against Advocate but under r. 51 passing ad interim order of suspension purporting to continue indefinitely, until such time as Tribunal thought fit to conclude proceeding and make final decision-Act, held, nowhere provides for ad interim suspension and therefore r. 51 ultra vires the parent Act-Order of suspension being illegal, set aside, and case sent back to Tribunal to conclude proceedings according to law. An order of suspension can only be made…
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