Case Details

Citation(s)
1957 SLG 93 1957 SLD 93 1957 PLD 272
Supreme Court of Pakistan
Civil Appeal No. 22 of 1957 and Writ Petition No. 1D of 1956, decided on 30th July 1957. DATE of hearing : 28th May 1957. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 20th February 1957, in C
M. SHAHABUDDIN, A. R. CORNELIUS, MUHAMMAD SHARIF AND AMIRUDDIN AHMAD, JJ
A. K. Brohi, Senior Advocate, Supreme Court, (A. S. Chowdhury, Advocate, Supreme Court, with him), instructed by M. Siddiq, Attorney for Appellant.
Respondents . Not represented

HATIM BADRUDDIN TYABJI

VS

THE CHIEF JUSTICE AND JUDGES OF THE HIGH COURT OF WEST PAKISTAN

Law:

Section:

(a) Evidence Act, (I of 1872)---- ----S. 114, ill. (e)-Official act ­Presumption of regularity-Certificate issued by Additional Regis­trar of High Court of West Pakistan, Karachi Bench, that the name of a person was borne on the Roll of Advocates of that Court, Karachi Bench. The Additional Registrar, High Court of West Pakistan, Karachi Bench, Karachi, issued a certificate to the appellant that his name was borne on the Roll of Advocates of the High Court of West Pakistan, Karachi Bench, Karachi. The certificate was expressed on the face of it to be issued, by order of the High Court and also bore the seal of the High Court. The Supreme Court while observing that "the Roll in question would perhaps have been more correctly described as the Branch Roll maintained at Karachi of Advocates of the High Court of West Pakistan," made the following pre­sumptions (by majority, Amir-ud-Din Ahmad, J., contra) on the strength of the certificate:- That a Roll of Advocates entitled to practise in that High Court was actually drawn up that this was done under the power conferred, and the corresponding duty created by Clause 7 of the Letters Patent, that in drawing up this Roll, the Branch Office of the High Court at Karachi did not act on its own initiative, but under proper orders of the High Court, made under that clause, that no name had been brought on the list otherwise than under proper orders of the High Court that such enrolment was done properly, i.e., in com­pliance with all conditions declared by law to be requisite, that at least with reference to those lawyers whose names have been brought upon the Roll prepared under Clause 7 of the Letters Patent, there was no objection to their enrolment raised in or by the High Court under para. 10, High Court of West Pakistan (Establishment) Order (XIX of 1955), and no determination by the High Court to the contrary, that the Roll to which reference is contained in the certificate of the Additional Registrar was not necessarily to be regarded as a Roll prepared under the provisions of the Bar Councils Act, that the presumption should rather be that the roll referred to in the certificate was the roll prepared for the High…
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