Case Details

Citation(s)
1959 SLG 4218 = 21959 SLD 4218 = 1959 PLD 27
West Pakistan Lahore
Revision Application decided on 11th October 1958
Presented By: B. Z. Kaikaus, J
K E. Chauhan for Petitioner.   Sh. Nazir-ud-Din for
Respondent.

BAR ASSOCIATION, GUJRANWALA-Petitioner  

VERSUS

  Ch. NAZAR MUHAMMAD-Respondent

Law: Legal Practitioners Act (XVIII of 1879)

Section: 36

Legal Practitioners Act (XVIII of 1879), S, 36 (!), Explanation-Passing of resolution itself' evidence that person mentioned has reputation of tout-Evidence of speck instance not necessary.   The effect of the Explanation to section 36 (1) of the Legal Practitioners Act 1879 is that the passing of the resolution by itself is evidence that the person mentioned in the resolution has the reputation of a tout. It is not at all necessary that the resolution should be supported by proof of instances. The reason for the enactment of this Explanation is that the evidence of specific instances is almost impossible to produce.   Legal Practitioners Act (XVIII of 1879), S. 36 (1) Explanation-Bar Associationpassing resolution declaring a person tout-Does not act as Court.   Legal Practitioners Act (XVIII of 1879), S. 36 (1) Resolution passed by Bar Association declaring a person tout should be acted upon unless there are good grounds for not doing so.     Date of hearing : 11-10-58.         JUDGMENT   This is an application under section 36 of the Legal Practi tioners Act by the Bar Association, Gujranwala, praying that the order of the District Judge, Gujranwala, refusing to put Nazar Muhammad respondent on the list of touts be set aside and that the respondent be put on the list of touts.   On the 26th of April 1955, the Bar Association, Gujranwala, had passed a resolutionin accordance with section 36 (1) of the Legal Practitioners Act to the effect that the respondent had the reputation of a tout. A copy of the reso lution was sent to the District Judge, Gujranwala who referred the matter for inquiry to the Senior Civil Judge, Gujranwala. Before the Senior Civil Judge the Bar Association led evidence to prove that the resolution was passed in accordance with the rules of the Bar Association. The respondent led evidence to show that he was a man of means and status. He also led evidence to the effect that he had been a lawyer's clerk for some time and that his name had not yet been removed from the list of clerks. By this he wanted to establish that he had not been guilty of any misconduct as a lawyer's…
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