EMPEROR Vs. BHUBANESWAR NAG

JUDGEMENT

(1.) This is a report by the learned District Judge of Dacca with regard to a Pleader of that Court.

(2.) The learned District Judge arrived at the conclusion that the Pleader had been guilty of grossly improper conduct in the discharge of his professional duty and, accordingly, he made a recommendation that the Pleader should be suspended from practice. He made a further order that pending the orders of the High Court on his report the Pleader should be suspended from practise and he should deliver up his certificate.

(3.) The material facts which it is necessary to mention are shortly as follows: One Niljan Bibi in August 1918, was appointed by the Court guardian of her minor sons and daughters and in respect of the minors property she was directed to submit accounts. After much delay she submitted accounts; and, upon examination, it appeared that she had not accounted for a sum of Rs. 269 which it was alleged had been withdrawn from the Court on behalf of Niljan Bibi in her capacity as guardian of the minor children. She was called upon to explain, why that sum had not appeared in the accounts. She alleged that one Ketabdi Khan had stood surety for her with respect to the guardianship and she suspected that it was he, who had withdrawn the sum from the Court, She further alleged that she was not aware that it had been withdrawn until she was called Upon to account, and that if it had been withdrawn it had been withdrawn without her knowledge or consent. Thereupon at her instance Ketabdi Khan was balled upon to show cause why he should not be proceeded against for cheating or criminal breach of trust. Ketabdi Khan stated that apparently the money had been withdrawn by the Pleader in question, that it had been withdrawn without the authority of Ketabdi Khan or of the guardian Niljan Bibi. Thereupon, the learned Judge made an enquiry, and the Pleader asserted that he had received authority from Niljan Bibi through Ketabdi Khan and that after the withdrawal of the money, which he admitted, he had paid the sum of Rs. 230 to Ketabdi Khan on the 28 of November 1919, and that he had obtained a receipt for the same from Ketabdi Khan on behalf of the guardian and that he had paid the balance of Rs. 39 at a subsequent date, some eight or ten days afterwards.