← Back to Azad Jammu and Kashmir Legal Practitioners Act 1948 Outline

14

Procedure when charge unprofessional conduct is brought in subordinate Court of revenue-office

Act: Azad Jammu and Kashmir Legal Practitioners Act 1948

Section Provisions

1THE AZAD KASHMIR LEGAL PRACTITIONERS ACT, 1948 1THE AZAD KASHMIR LEGAL PRACTITIONERS ACT, 1948. (The Legal Practitioners Act, 1879) 2[ACT NO. XVIII OF 1879] [Dated October 29, 1879] AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO LEGAL PRACTITIONERS CHAPTER‑III OF PLEADERS AND MUKHTARS 14. Procedure when charge unprofessional conduct is brought in subordinate Court or revenue‑office.‑ If any such pleader or mukhtar practising in any subordinate Court or in any revenue‑office is charged in such Court or office with taking instructions except as aforesaid, or with any such misconduct as aforesaid, the presiding officer shall send him a copy of the charge and also a notice that, on a day to be therein appointed, such charge will be taken into consideration. Such copy and notice shall be served upon the pleader or mukhtar at least fifteen days before the day so appointed. On such day, or on any subsequent day to which the enquiry may be adjourned, the presiding officer shall receive and record all evidence properly produced in support of the charge, or by the pleader or mukhtar, and shall proceed to adjudicate on the charge. If such officer finds the charge established and considers that the pleader or mukhtar should be suspended or dismissed in consequence he shall record his finding and the grounds thereof, and shall report the same to the High Court; and the High Court may acquit, suspend or dismiss the pleader or mukhtar. Suspension pending investigation: Any District Judge, or with his sanction any Judge subordinate to him 15[any judge of Court of Small Causes of a Presidency town], any District Magistrate, or with his sanction any Magistrate subordinate to him, and any Revenue‑authority not inferior to a Collector, or with the Collector's sanction any Revenue‑officer subordinate to him, pending the investigation and the order of the High Court, suspend from practice any pleader or mukhtar charged before him or it under this section. Every report made to the High Court under this section shall‑‑‑ (a) When made by any Civil Judge subordinate to the District Judge, be made through such Judge ; (b) When made by a Magistrate subordinate to the Magistrate of the District, 16 be made through the Magistrate of the District and the Sessions judge (c) When made by the Magistrate of the District, be made through the Sessions Judge; (d) When made by any Revenue‑officer subordinate to the Chief Controlling Revenue‑authority, be made through such Revenue authorities as the Chief Controlling Revenue authority may, from time to time, direct. Every such report shall be accompanied by the opinion of each Judge, Magistrate or Revenue‑authority through whom or which it is made.