Case Details

Citation(s)
1992 SLG 502 1992 SLD 502 1992 SCMR 90
Supreme Court of Pakistan
Civil Miscellaneous Petition No.91 of 1991, decision dated: 16-10-1991, hearing DATE : 14-10-1991


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Law:

Section:

(a) Constitution of Pakistan (1973)--Art.191---Legal Practitioners and Bar Councils Act (XXXV of 1973), Ss.23, 22, 28, 41, 42, 43 & 46---Supreme Court Rules 1980, O.IV, Rr.2 & 30---Words `to make the rules regulating the practice and procedure' used in Art.191, Constitution of Pakistan---Import---Order IV, Rr.2 & 30, Supreme Court Rules 1980 having been competently framed by Supreme Court were not ultra vires of the Legal Practitioners and Bar Councils Act, 1975---Power of Supreme Court to make rules regulating the practice and procedure of the Court---Preparation and maintenance of roll of Advocates of the Supreme Court by Pakistan Bar Councils under S.23 of the Act---Subject to the provisions of the Act and the rules made thereunder, a person shall be qualified to be admitted as an Advocate of the Supreme Court if he fulfils such conditions as may be laid down in this behalf from time to time by the Rules of Supreme Court---Tribunal and Disciplinary Committee under the Act had exclusive jurisdiction to debar an Advocate from practising before all Courts and Tribunals whereas under O.IV, Rr.2 &- 30, of the Supreme Court Rules, 1980 Supreme Court could only debar an Advocate from practising in Supreme Court. Subject to the Constitution and law, the Supreme Court has been empowered to make rules regulating the practice and procedure of the Court. Section .23 of the Legal Practitioners and Bar Councils Act, 1973 empowers the Pakistan Bar Council to prepare and maintain a roll of advocates of the Supreme Court containing the particulars mentioned in clauses (a) and (b) of it. However, proviso to the above section makes it clear that no person shall call himself or hold out as an Advocate of the Supreme Court until he has signed the roll of advocates kept under the Rules of the Supreme Court and the right of a person to appear, act and plead before that Court, shall be subject to the said Rules. Section 28 of the Act re-inforces the above proviso to section 23 by inter alia providing that subject to the provisions of the Act and Rules made thereunder, a person shall be qualified to be admitted. as an Advocate of the Supreme Court if he fulfils such…
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