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(Guest)

Enlisting a person as a tout under section 36 of the legal p

 

Enlisting a person as a tout under Section 36 of the Legal Practitioners Act."

 
The learned District Magistrate has submitted an explanation to this Court and we have also heard the learned Counsel in support of the Rule and, in our opinion, the Rule must be made absolute. From his explanation, the learned District Magistrate appears not to have been aware of the decisions of this Court determining the procedure to be adopted in proceedings under Section 36 of the Legal Practitioners Act. Those decisions are in the cases of Chandi Charan Dey, In re 12 C.W.N. 842 and In the matter of Prasanna Kumar Das 12 C.W.N. 843, note, and lay down distinctly that an inquiry under Section 36 of the Legal Practitioners Act must be made by the District Magistrate himself and that he cannot delegate his powers to any subordinate officer. In In re Siddeshwar Boral 4 C.W.N. 36, it is distinctly laid down that the words proved to their or his satisfaction" in Section 36 of Act XI of 1896 refer to proof by any of the means known to the law of the fact upon which the Court is to exercise its judicial determination and that, in fact, the decision of the Judge determining that a person is a tout must be based on substantial legal evidence. In the present case, the District Magistrate himself does not appear to have recorded the evidence. The evidence which was taken by the Joint Magistrate does not appear to have been taken in accordance with the provisions of the law and the petitioner against whom that evidence is directed does not appear to have had an opportunity of cross-examining the witnesses. 

Calcutta High Court
In Re: Hari Pada Mukherji vs Unknown on 29 April, 1912
Equivalent citations: 15 Ind Cas 654
Bench: Brett, Sharfuddin


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