Law:

Section:

Pakistan Legal Practitioners and Bar Councils Rules, 1976-------R. 157--- Complaint of professional misconduct against an Advocate--­Complaint against Advocate was to the effect that he had got his statement recorded as witness and on the same date he submitted his power of attorney as an Advocate in the same case on behalf of opposite-party, thus, committing professional misconduct---Disciplinary Committee without recording statement of respondent (Advocate) had taken into consideration the statement of complainant alone and without affording opportunity to respondent to produce evidence had taken away valuable right from respondent, thus, violating well­-established norms of law which were so well entrenched in legal system that its non-observance would vitiate entire proceedings---Two cases the one in which the respondent Advocate made the statement and the one in which he filed his power of attorney were distinct with separate causes of action and proceeding in two different Courts---Advocate had got his statement recorded by a Local Commissioner---Evidence fully brought out the fact that complainant had a malice against Advocate and on that ground out of sheer prejudice had filed complaint---Legal and factual aspects of case clearly indicated that no professional misconduct was committed by the Advocate---Complaint was dismissed and complainant was burdened with costs. JUDGMENT MUHAMMAD ALAM KHAN (MEMBER).---On 9-1-1995 Mian Gul complainant, filed a complaint in the N.-W.F.P. ,Bar Council, Peshawar, alleging therein that respondent Mr. Sahibzada Khan, Advocate in a case titled Haji Nadar Khan and others v. Said Rehman and others, pending trial in Revenue Court, Takht Bhai, District Mardan, got his statement recorded as witness on 7-5-1994 and on the same date he submitted his power of attorney as an Advocate for Haji Nadar Khan and others, in the same case and has thus committed a gross negligence and professional misconduct under the provisions of Legal Practitioners and Bar Councils Act, 1973 and the rules framed thereunder. 2. The Disciplinary Committee of the N.-W.F.P. Bar Council, Peshawar initiated proceedings against the respondent wherein he…

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