Law:

Section:

Legal Practitioners and Bar Councils Act (XXXV of 1973)-------S. 41---Pakistan Legal Practitioners and Bar Councils Rules, 1976, R.148---Professional misconduct---Representing conflicting interests---Withdrawal of complaint---Advocate was close relative of the complainant who was appointed special attorney by her---Grievance of the complainant was that the Advocate had accepted brief of the opponent of the complainant and such act of the Advocate was a professional misconduct---Plea raised by the Advocate was that the matter had been compromised by the complainant---Validity---Advocate was morally bound not to have betrayed the trust reposed by the complainant in him--­Any violation of the sacred trust by the Advocate would amount to professional misconduct---Withdrawal of complaint would not exonerate the Advocate because in a case of misconduct withdrawal could not exonerate the Advocate---Withdrawal of complaint could be taken as mitigating circumstance while determining the quantum of punishment---Tribunal found the Advocate guilty of professional misconduct but taking into consideration the compromise arrived at between, the parties only reprimanded him---Appeal was disposed of accordingly. Mst. Surriya v. Sohail, Advocate, Peshawar 1999 YLR 2315; 1992 CLC 1556; lrshad Khan v. Gohar Rahman Khatak, Advocate 2000 MLD 1264; Wajid Ali v. Zafar Khalid, Advocate 2000 MLD 1275 and Ali Rehman v. Zaheer-ud-Din-Baber, Advocate 2001 MLD 895 ref. JUDGMENT MUHAMMAD ALAM KHAN (MEMBER)--- On 26-8-2000 Mst. Surriya Begum wife of Rehmat Ullah Khan, resident of D.1. Khan filed a complaint against Muhammad Aslam, Advocate, D.I. Khan, alleging therein, that a suit for partition was filed by Ghulam Fatima against Allah Nawaz etc. on 14-9-1995 in the Court of Civil Judge Ist Class, D.I. Khan which was decided on 4-7-1997 in view of the compromise arrived at between the parties to the effect that Allah Nawaz defendant will pay a sum of Rs.3,60,000 to each co-sharer in the disputed property. The share of Ghulam Fatima and Mussarat Bibi co-sharers was paid to them through Bank but the Shari share was not paid to the complainant rather Allah Nawaz defendant promised to pay the said…

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