Law: Constitution of Pakistan, 1962

Section: 29,131,6

Law: Constitution of Pakistan, 1956

Section: 166(3),174,178,182(2),149,191

Law: Civil Procedure Code (V of 1908)

Section: OrderXXVII

Law: Bar Councils Act, 1926

Section: 14(1),14,8(2)(a),34

(a) Constitution of Pakistan ,(1962), Art. 58 {3) Leave to appeal to Supreme Court-Granted to Central Government to challenge High Court's decision declaring Legal Practice (Disqualification) Ordinance (II of 1964) to be ultra vires-Leave granted notwithstanding fact that Central Government was not a party before High Court. (b) Legal Practitioner - Licensing system operating legal profession-History traced. (c) High Court Rules and Orders (Lahore), Chap. VI-A, Vol. V, r. 3 (ii)-Purpose - Rule not in violation of concept of licensing laws applicable to legal profession-Provision, however, devoided of effect by application of Bar Councils Act (XXXVIII of 1926) and by Constitution of Pakistan .(1956), Third Sched., para. 7. (d) Bar Councils Act (XXXVIII of 1926), S. 14-Lieensing~ system governing personal qualifications of different classes of legal practitioners-Distinction in favour of Advocates of High Courts ­No longer based on rules or directions of High Court under Letters Patent but on strength of franchise given by S. 14. P. R. Das's case. 581 A 38 ref. (e) Legal Practitioner-Advocate on becoming permanent Judge of particular High Court giving `undertaking' that after retirement he would not practice in that High Court or any other Courts subordinate thereto-Merger of that High Court with other High Courts-Effect of merger on - such undertaking - Devices adopted by Executive and Legislature in dealing with difficulties arising therefrom considered-High Court of West Pakistan (Establishment) Order (XIX of 1955). H. B. Tyabji v. The Chief Justice and Judges of the High Court of West Pakistan P. L D 1957 S C (Pak.) 272 and Sir Iqbal Ahmad's case A I R 1950 F C 71 ref. (f) Retired Judges (Legal Practice) Order (21 of 1962), Art. 3(1)-"Undertakings" not to practice after retirement given by ex-Judges of High Court-Held, wholly effaced by Order also against Judges who were "removed" from office-[Per Cornelius, C. J., Kaikaus and Sattar, JJ. concurring, S. A. Rahman, Fazle-Akbar and Muhammad Yaqub Ali, JJ., dissenting]. Per Cornelius, C. J.-The Retired Judges (Legal Practice) Order expressly avoided the effect of any earlier law to the contrary, which would…

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