Law:

Section:

(a) Legal Practitioners and Bar Councils Act (XXXV of 1973)-------S. 41(4)---Investigation of complaint- --Procedure ---Duty of Disciplinary Committee---If the Members of Disciplinary Committee an receipt of complaint come to the conclusion that the same does not disclose a cause of action, the Committee under S.41(4) of Legal Practitioners and Bar Councils Act, 1973, can summarily dismiss the complaint---Once cognizance is taken by the Disciplinary Committee it is bound to make inquiry and give the parties an opportunity of hearing and only then either reject the complaint or refer the same to the Tribunal for final adjudication. (b) Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----S. 43(3)---Investigation by Tribunal---Preliminary issues, deciding of---Tribunal or any member empowered by the Chairman is invested with jurisdiction to consider and decide preliminary issues under S.43(3) of Legal Practitioners and Bar Councils Act, 1973. (c) Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ---Ss. 41 & 43---Complaint---Summary disposal---Complaint against Advocate was dismissed by Disciplinary Committee as being not maintainable---Contention of the complainant was that the Advocate had submitted a detailed written statement controverting the allegations contained in the complaint which could only be resolved by producing evidence pro and contra---Validity---Order passed by the Disciplinary Committee was illegal and without jurisdiction and was liable to be struck down---Tribunal remanded the case to the Disciplinary Committee with direction to decide the same afresh on merits after giving the parties opportunity to produce evidence---Appeal was allowed accordingly. JUDGMENT/ORDER MUHAMMAD ALAM KHAN (MEMBER).--- On 23-10-1999 Zarqa Shaheed complainant filed a complaint against the respondent alleging therein that she being a Pardahnasheen lady, had purchased Quarter No.A-2 in the National Bank Colony, Peshawar vide registered deed, dated 25-10-1994 for a sale consideration of Rs. seven hundred thousand, for self-occupation. It is further averred 'in the complaint that prior to the purchase Mr. Khurshid Ahmad Khan respondent…

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