| Citation(s) |
|---|
| 1957 SLG 17 1957 SLD 17 1957 PLD 80 |
Supreme Court of Pakistan
Civil Appeal No. 5 of 1957, decided on 1st February 1957. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 15th October 1956, in Writ Petition No. 343 of 1956, read with Chief Justices order date
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN, A. R. CORNELIUS, MUHAMMAD SHARIF AND AMIRUDDIN AHMAD, JJ
Dharam Das, Senior Advocate, Supreme Court (M. Hafiz Ahsan, Advocate, Supreme Court, with him), instructed by M. Siddiq, Attorney for Appellant. S. A. Mahmud, Advocate, Supreme Court, instructed by Ijaz Ali, Attorney for
Respondent
Civil Appeal No. 5 of 1957, decided on 1st February 1957. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 15th October 1956, in Writ Petition No. 343 of 1956, read with Chief Justices order date
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN, A. R. CORNELIUS, MUHAMMAD SHARIF AND AMIRUDDIN AHMAD, JJ
Dharam Das, Senior Advocate, Supreme Court (M. Hafiz Ahsan, Advocate, Supreme Court, with him), instructed by M. Siddiq, Attorney for Appellant. S. A. Mahmud, Advocate, Supreme Court, instructed by Ijaz Ali, Attorney for
Respondent
DIN MUHAMMAD--Appellant
VS
THE HIGH COURT OF WEST PAKISTAN, KARACHI BENCH--Respondent
Law:
Section:
Legal Practitioner----- ----Enrolment-Dismissal from Government service, not an absolute bar-Order of enrolment once made can be set aside only on a subsequent fault after fresh inquiry-Whether order of one Judge cart be revoked by another Judge-Rules and Orders of High Court (West Pakistan, r. 3 (c), Chap. 6-D. The appellant, a dismissed Government servant whose appeal against dismissal was pending, applied for being enrolled as a pleader and stated the fact of dismissal and his pending appeal in his application for enrolment. He was issued certificate of enrolment as a pleader by the order of a Judge, but the same was withdrawn later by another Judge. Held, (on appeal to the Supreme Court) that under the rules the dismissal was not an absolute bar to enrolment and did not operate as an automatic disqualification. The question whether despite his dismissal from Government service the appellant should or should not be permitted to practise as a pleader was a matter which the learned Judge had to determine in the exercise of his judicial discretion and he did determine it in favour of the appellant. The appellant could only be dismissed for a subsequent fault after a regular inquiry under the Legal Practitioners Act. The order of withdrawal of the appellant's licence not being in due course of law was set aside. Held further, that there was no law under which another Judge of the Court or the Judges in a meeting could subsequently revoke an order made by a competent Judge where it was not suggested that the order had been obtained by fraud or misrepresentation or by misleading the Judge. JUDGMENT MUHRMMAD MUNIR, C. J.-----This is an appeal, with the permission of this Court, from an order of the High Court o'' West Pakistan, withdrawing the licence which had been issued by that Court to Appellant Din Muhammad to practise as a pleader in the Court of the District Judge, Hyderabad died the Courts Subordinate thereto. Before his enrolment the appellant had been serving as a Nazir to a Civil Court at Hyderabad when a departmental enquiry against him, on allegations of misconduct, led to his dismissal by the District Judge, Hyderabad, on 18th December 1954. He…
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