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1942 Supreme(Mad) 449

LEACH


JUDGMENT

Leach, C.J.

1. This case raises the question whether the Court has power to award costs in a petition against a pleader charging him with professional misconduct. The charge was investigated by the District Judge of Nellore, who held that the petitioners allegations had no foundation and consequently dismissed the petition. He ordered the petitioner to pay the respondent his costs, and he fixed the pleaders fee at Rs. 50. The case has been brought before this Court under Section 15, Legal Practitioners Act. We consider that the District Judge was, justified in dismissing the petition, but that he had no power to award costs. At the same time we are of the opinion that an order for costs can be passed by this Court.

2. Section 14, Legal Practitioners Act, states the procedure to be followed when a charge of professional misconduct is brought in a subordinate Court. If the presiding officer finds the charge established and considers that the practitioner should be suspended or dismissed in consequence he must record his finding and grounds thereof and present a report to the High Court. The High Court may then acquit, suspend or dismiss the practitioner. The presiding officer o



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