Law:

Section:

Legal Practitioners and Bar Councils Act (XXXV of 1973)-------S. 41---Misconduct---Jurisdiction of Bar Council Tribunal ---Scope--­Respondent was alleged to be a school teacher and was engaged in legal practice---Respondent only admitted his being a school teacher--­Contention of the respondent was that although he had been a law graduate yet he was neither, enrolled as an Advocate nor he was engaged in legal practice and challenged the proceedings before the Tribunal--­Validity---Jurisdiction of Bar Council Tribunal had been conferred by S.41 of the Legal Practitioners and Bar Councils Act, 1973, and the rules framed thereunder---Tribunal could take action under S.41 of the Legal Practitioners and Bar Councils Act; 1973, against a person who was enrolled as alt Advocate---Where the respondent did not appear on any roll of the Bar Council, the Tribunal had no jurisdiction to entertain the complaint regarding allegations that the respondent lead been drawing salary from the Education Department ---Complaint was returned to the petitioner in circumstances. JUDGMENT MUHAMMAD ALAM (MEMBER).--- On 5-10-1996 Aurangzeb complainant filed a complaint against Istikhar Ali, Advocate resident of Ismaila District Swabi respondent alleging therein that respondent is a P.T.C. Teacher and is posted as such in Government Masjid Primary School, Babi Khel, Ismaila District Swabi. It is further alleged that the respondent was appointed as P.T.C. Teacher on 3-3-1987 and during the tenure of his service, he secured the LL.B. Degree from a Law College of Karachi University. Thereafter, he completed his apprenticeship for one year and is attached to the legal profession and is practising law at District Courts, Swabi. 2. Further allegations in the complaint are that on one hand the respondent is drawing salary from Education Department and on the other hand the respondent is undergoing his apprenticeship in District Courts premises Swabi, so it was alleged that as the respondent has indulged himself in the commission of professional misconduct so strict action under the law according to the Legal Practitioners and Bar Councils Act, 1973, was prayed for. 3. That the Disciplinary…

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