GHAFOOR KHAN Vs. EMPEROR

JUDGEMENT

(1.) This is an application for revision of an order of the Collector of Cawnpore placing the names of the applicants upon a list of touts in exercise of the powers vested in him by Section 36, Legal Practitioners Act, 1879. This action was taken by him in consequence of a resolution passed by the Bar Association of Cawnpore, forwarding to him a list of persons named by the Association as touts, which list included the names of all the applicants, and also of some other persons. All the applicants, have objected to the action of the Collector on two, and only two, grounds: first, that the notice convening the meeting at which this resolution was passed was not sufficiently definite to comply with the explanation to Sub-section (1), 8. 36, Legal Practitioners Act; and, second, that the meeting at which the resolution was passed was not held in compliance with the rules of the Association. We shall deal with these points separately.

(2.) As to the first: the explanation to Section 36 runs as follows: The passing of a resolution, declaring any person to be or not to be a tout, by a majority of the members present at a meeting, specially convened for the purpose, of an association of persons entitled to practise as legal practitioners in any Court or revenue office, shall be evidence of the general repute of such person for the purposes of this section.

(3.) It has been argued on behalf of all the applicants that the meeting of the Association at which the resolution to which we have referred was passed was not a meeting "specially convened for the purpose," because the notice summoning the special meeting only stated that the object was "to consider the tout evil." In order to Understand the meaning which this notice would convey to the members of the Association concerned, it is necessary to narrate the history of the proceedings.