MAGANBHAI NATHABHAI Vs. DINKARRAO NDESAI

JUDGEMENT

(1.) This is an application by one Maganlal Nathabhai who was declared to be a tout by the District Judge of Broach under Section 36 of the Legal Practitioners Act, 1879. He questions the correctness and the validity of the order made against him. On a preliminary objection raised as to whether an application would lie or not, I have held that this Court can entertain the application under its general power of superintendence over all Courts subject to its appellate jurisdiction under's 107 of the Government of India Act. The record is now before me and the application is fully argued on the merits,

(2.) Mr. Mody for the applicant has urged the following points : (1) That there was no meeting as such of the Bar Association as required by Section 36 ; (2) that in any event the meeting was not specially convened for the purpose of passing a resolution declaring the applicant to be a tout as required by Section 36(1) read with the Explanation thereto; (3) that the resolution is the only evidence against the applicant, and it does not comply with the provisions of the section; and (4) that no proper notice required by that section was given to his client

(3.) The proceedings were initiated against the applicant by a letter written by one Dahyabhai Antoldas, a pleader of Broach, to the secretaries of the Broach District Bar Association. In that letter (he pleader requested that a meeting of the managing committee of the Association should be called to consider a proposal forwarded by him with his letter. The material portion of the proposal runs as follows :- 1. (a) This Association authorises the President to take steps to get Magan Natha and such others who work like him declared touts, (d) This Association authorises the President to request the District Judge to cancel the name of Magan Natha from the list of the pleaders clerks.