639/2010 Const. P. Abrar Hussain (Petitioner) V/S VIIth A.D.J. South at Karachi & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 24-NOV-17
Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----Ss. 41(2)(4) Proviso, 42 & 55---Legal Practitioners and Bar Councils Rules, 1976, Chap. XII---Civil Procedure Code (V of 1908), Ss.151 & 153---Constitution of Pakistan, Art.199---Constitutional petition---Canon of professional conduct and etiquette of advocates---Misconduct---Dispute as to property---Constitutional petition filed for recalling an earlier order of dismissal of petition being not pressed, was not supported by affidavit---Application under Ss.151 & 153, C.P.C. was not filed on behalf of the petitioner by the advocate who also submitted his own affidavit---Validity---Lawyer earns a reputation worthy of some value by demonstrating his sincerity and honest conduct both towards his client and court in administration of justice---Upright lawyer is supposed to be an officer of court fairly assisting court in dispensing justice and not slave of his client nor greedy to serve him against law and facts---Lawyer has to contest cases on merit and merit alone, he was to adhere to standards of duties of lawyer explained in Chapt.XII (Canon of Professional Conduct and Etiquette of Advocates) of Legal Practitioners and Bar Councils Rules, 1976---Counsel for petitioner, in the present case, filed application in question on his own without any authority from anyone---High Court directed Pakistan Bar Council to initiate disciplinary proceedings against the counsel for professional misconduct by treating contents of order as complaint under S.41(2) of Legal Practitioners and Bar Councils Act, 1973---High Court further directed the Tribunal for decision in terms of proviso to S. 41(4) of Legal Practitioners and Bar Councils Act, 1973---Court official was directed to seal the property in question and locate respondents to hand over its possession to them after proper verification---Application was dismissed in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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