- Section 53, clause (H) — performance of functions — manner for — rules for qualification, terms and conditions for service of staff — the Bar Council is a statutory body and for performing of its functions under law, manner has been prescribed. Under the provision of clause (H) of section 53 of the Bar Council Act, the Bar Council is vested with the powers to make rules by notification in the official Gazette regarding qualification, terms and conditions of service of staff to be employed by the Bar Council. Shoukat Hussain Awan v. AJK Bar Council & 4 others 2015 SCR 284 (D)
- Section 53 — AJK Bar Council is vested unconditional powers of making of rules regarding qualifications, terms and conditions of staff employed by it. Shoukat Hussain Awan v. AJ&K Bar Council & 4 others 2015 SCR 284 (J)
- Powers of Bar Council — it is vested with rule making powers especially the standards of professional conduct; etiquettes to be observed by advocates; the standard of legal education to be observed by universities in Pakistan or AJK; the inspections of universities for that purpose; the circumstances in which and the conditions subject to which nationals of any foreign country may be admitted as advocate; foreign qualification may be recognized for purpose of their admission; the course of practical training in law and the examination be passed after such training for admission as an advocate; the conditions subject to which a person may be admitted as an advocate or an advocate of the High Court/Shariat Court; the procedure to be followed by a Tribunal constituted by the Bar Council in inquiries relating to the conduct of an advocate; the forming and regulation of firms of lawyers either throughout the District or any specified part thereof; the recognition, deregulation and functioning of Bar Associations etc. are such powers which clearly amounts to performing functions in connection with the affairs of Azad Jammu and Kashmir. Shoukat Hussain Awan v. AJ&K Bar Council & 4 others 2015 SCR 284 (B)
- Functions of — according to statutory provisions, the functions of the Bar Council, directly or indirectly, are related to regulating the legal profession, to promote and suggest the law reforms and to admit a person as advocate on its roll. Shoukat Hussain Awan v. AJ&K Bar Council & 4 others 2015 SCR 284 (A)
- There is no specific provision in law that the terms and conditions of employees cannot be changed by the authority in disadvantage of the employees but the matter has to be dealt with in a judicious manner. Shoukat Hussain Awan v. AJ&K Bar Council & 4 others 2015 SCR 284 (L)
- Mere vesting of powers to Bar Council for making rules does not mean that it is empowered to make rules while ignoring the constitutional legal norms in the arbitrary manner. The powers must have to be exercised reasonably in judicious manner keeping in view the spirit of equity and vested legal right of the State Subjects. Shoukat H. Awan v. AJK Bar Council 2015 SCR 284 ( M)
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