QURBAN ALI KHAN Vs. G, A PLEADER

JUDGEMENT

(1.) This is a proceeding under the Legal Practitioners Act against a pleader practising at Gaya. It was started on an application of one Qurban Ali Khan, filed in this Court on 27 February 1934, alleging that the pleader concerned and another pleader practising at Gaya had been guilty of professional misconduct. He asked that action be taken against them under Section 13(b)(a) of the Act.

(2.) On 13 August 1934, he filed & second application amplifying what he had: stated in the previous one. In the mean, time, on 8 April 1935, the pleader concerned filed a counter-affidavit denying the allegations of Qurban Ali Khan, to which Qurban Ali Khan filed an answer on 23 April 1935. On 29 July 1935 this Court ordered the District Judge of Gaya to hold an inquiry into the allegations of Qurban Ali Khan. The District Judge (Mr. Reuben) after examining some witnesses and documents reported that the pleader concerned had been guilty of professional misconduct but that no case was made out against, the second pleader named by Qurban Ali Khan. On 23 March 1936 notice was issued on the pleader and he was called upon to show cause. He appeared and on 3 December 1936 a formal proceeding was drawn against him. He was called upon to meet the following charges:

(3.) That while working on behalf of Qurban. Ali Khan in (1) Secs.144 and 145, Criminal P.C., proceedings Qurban Ali Khan V/s. Wahab Khan, Abbas Ali Khan and Ors., in the Court of Babu Pradyumna Singh, Deputy Magistrate, Gaya, which was disposed of on 4 March 1932; in (2) Land Registration Case No. 559 .1931-32, Zahirul Hag V/s. Qurban Ali and Ors. (T. No. 9124) in the Court of the Land Registration Officer, Gaya: and in (3) Secs.144 and 145 proceedings (Case No. 51 of 1932) Abbas Ali y. Qurban Ali Khan in the Court of Babu Lachmi Narayan Singh, Deputy Magistrate, Gaya, which was disposed of on 9 June 1932: the pleader through his father or by joining, with him took a conveyance of the property claimed by Qurban on 23 February 1932, from Mt. Imaman, who transferred on the basis of a claim which was adverse to his client whose interest he was advocating as lawyer.