( 1 ) THIS is a proceeding under Section 36, Legal Practitioners Act, 1879.

( 2 ) ON 13th December 1948, the Honorary Secretary of the Advocates Association of this Court forwarded to the Registrar a resolution passed by it at a meeting held on 1st December 1948, especially convened for the purpose of considering the question of toutism. The resolution runs as follows:

"that the Advocates Association hereby declares that the following persons habitually act as touts and by their general repute are touts. (List of names who bring the oases from stations, Dharamshalas, sarais and other places ). Phool Din Tamoll Nakhas Kohna, Allahabad. 1mahadeo Prasad, Bhat Yahiapur, Allahabad. 2 bam Khelawan, Brahman Badshahimandi, near the house of Sheoamar Lal, 3 Vakil, Allahabad. Jai Ghand s/o Maha-deo Yahiapar, Allahabad. 4 Prasad. Zaheer Husain Baran tale Garhi (Dondi-xpur), Allahabad. 5. Chanda Bhatyara Sarai Khuldibad, Ekkawala, Allahabad. 6. Jhamman Bhatyara Sarai Khuldabad, Ekkawala, Allahabad 7. Nawab Bhatyara8 8abdul Bahman s/o, Mian 9 Jan. Abdul Bahman1 10. Dullu s/o Khuda Bux1 11. Puttu Lal1 12. Nanak Chand, Brah-man1 13. Arjun Deo1 14. Sarai Khuldabad, Ekkawala, Allahabad. Sarai Khuldabad, Allahabad. Sarai Khuldabad, Allahabad. Sarai Garhi residing in the compound of Mr. P. N. Shukla, george Town, Allahabad, (since left his original place of residence present address not known ). 1. Canning Road, Allahabad 1. Canning Road, Allahabad. "

( 3 ) IT was further resolved at that meeting that a copy of the resolution should be sent to the honble the Chief Justice for such action as he may be pleased to take in accordance with the provisions of the Legal Practitioners Act.

( 4 ) IT has come in evidence that the total membership in that association in the month of december 1948, was 134. Seventy two members were present at the meeting. As regards the first 13 persons named above the resolution was unanimous, but as regards the 14th person, viz. , arjun Deo, there was a division. Sis members were in favour of exclusion of Arjun Deos name from the list and 23 against. The rest were presumably neutral. From the evidence of Bankey Lal shukla, Assistant Librarian in the Advocates Association, it appears that a notice of the meeting was circulated to the members resident in Allahabad. To such members as were not in the station a copy of the notice was sent by post under a postal certificate. The postal certificate has been produced.

( 5 ) ON 11th January 1949, the Secretary of the Bar Library, High Court, forwarded to the Honble the Chief Justice a resolution passed by it at a meeting held on 14th December 1948. The resolution ran as follows: "the resolution of the Advocates Association, dated 1st December 1948, was considered and passed. " mohammad Ibrahim, Librarian of the Bar Library, produced the minutes of the meeting of the bar Library and proved them. It appears from those minutes that the meeting held on 14th december 1949, was convened especially for the purpose of considering the question of toutism and in particular the resolution, dated 1st December 1948, passed by the Advocates Association on the subject. Muhammad Ibrahim states that the notice of the meeting was sent round to the members. In December 1948, there were 34 members. The number of the members who were present at the meeting of 14th December 1948, was 17. There were, however, about 9 members who were not regularly attending the High Court and to them no notice was sent.

( 6 ) IT may be noted that there is a third association of lawyers practising in the High Court known as the Bar Association. From the letter, dated 24th October 1950, received from the Secretary of the Bar Association it appears that there were 48 members of that association in December 1948.

( 7 ) ON the receipt of the letters from the Secretaries of the Advocates Association and the Bar library notices were issued to the 14 persons mentioned in the resolution of Advocates associati