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In Re: Kali Prasanna Chowdhury and anr. Mukhters - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in5Ind.Cas.727
AppellantIn Re: Kali Prasanna Chowdhury and anr. Mukhters
Excerpt:
legal practitioners act (xviii of 1879), section 12 - proceedings against mukhtear--jurisdiction of subordinate court--high court, powers of. - .....chowdhury and kali kumar chowdhury practising in the sub-divisional court at munshigunj. the learned district judge of dacca who has made the reference at the instance of the district magistrate, is himself of opinion that the reference is not in order. he points out that the mukhtears in question have been convicted under sections 144 and 150, indian penal code, and that if on this ground any action has to be taken against them, proceedings must be initiated by the high court under section 12 of the act. the district magistrate, however, appears to have instituted these proceedings himself under section 13, clause (f), of the legal practitioners act. the learned district judge, on the other hand, points out that according to the judgment of mr. justice hill in the case of purna.....
Judgment:

1. This is a Reference under Section 14 of the Legal Practitioners Act in the matter of two mukhtears, Kali Prasanna Chowdhury and Kali Kumar Chowdhury practising in the Sub-divisional Court at Munshigunj. The learned District Judge of Dacca who has made the Reference at the instance of the District Magistrate, is himself of opinion that the Reference is not in order. He points out that the mukhtears in question have been convicted under Sections 144 and 150, Indian Penal Code, and that if on this ground any action has to be taken against them, proceedings must be initiated by the High Court under Section 12 of the Act. The District Magistrate, however, appears to have instituted these proceedings himself under Section 13, Clause (f), of the Legal Practitioners Act. The learned District Judge, on the other hand, points out that according to the judgment of Mr. Justice Hill in the case of Purna Chandra Pal 27 C. 1023, Section 14 of the Legal Practitioners Act does not apply to a case in which proceedings have been initiated under Section 13, Clause (f). The learned Vakil who appears on behalf of the Mukhtears has invited our attention to the decision of the Allahabad High Court in the matter of The Petition of Muhammad Abdul Hqi 29 A. 61 : 3 A.L.J. 811 : A.W.N. (1906) 268, in which a contrary view appears to have been adopted. It is not necessary for us on the present occasion to decide whether Section 14 applies to cases covered by Section 13, Clause (f). In our opinion, the present case is covered by Section 12 and so far as that section is concerned, it is obvious that action can be taken by this Court and this Court alone. The proceedings before the Magistrate, therefore, were without jurisdiction and this Reference is not in order. It must consequently be discharged.

2. As the papers, however, have been placed before us, we think it desirable that the matter should be referred to the Full Court for consideration whether action should or should not be taken under Section 12 of the Act, and we direct accordingly.


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