007-NLR-NLR-V-71-In-re-M.-A.-ABOOSALLY.pdf
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ABEYESUNDERE, J—In re Aboosally
Present; Abayesundere, J.
In re M. A. ABOOSALLY
S. C. 473 of 1966—Application in terms of section 5 of the Legal
Practitioners Ordinance
Proctor—Failure to obtain annual certificate within prescribed time—Conditionsnecessary to obtain it thereafter—Legal Practitioners Ordinance, s. 5.
j A Proctor who deliberately refrains from procuring his annual certificatefor a particular year within the prescribed time is not entitled to make anapplication in terms of section 5 of the Legal Practitioners Ordinance for thegrant of a certificate authorising him to practise as a Proctor during that year.
Ar:
PLICATION for renewal of certificate to practise as a Proctor.
E. B. Vannitamby, in support.
November 9, 1966. Abeyesundere, J.—
The applicant is a Proctor who obtained a certificate to practise in theyear 1958. He assumed duties as a Labour Officer in the Department ofLabour on 17th July, 1958, and in consequence of that appointmenthe did not obtain a certificate to practise as a Proctor in the years 1959to 1965. Even for the year 1966 he has not applied for a certificate.He now desires to obtain a certificate to practise as a Proctor as he will berelinquishing his duties as a Labour Officer.
He has not stated in his application when he would cease to be a LabourOfficer. As he has not made his application for a certificate in respectof the year 1966 on or before 25th March, he has applied to this Courtunder section 5 of the Legal Practitioners Ordinance for an order on theRegistrar of this Court to issue him a certificate authorising him topractise in the year 1966. That section enables this Court to make suchan order where a Proctor has neglected to procure the annual certificateauthorising him to practise. According to the facts stated by theapplicant in his petition, it is clear that he has not neglected to procurethe annual certificate in respect of the year 1966, but he has deliberatelyrefrained from doing so as he was employed as a Labour Officer.
I am of the view that the said section 5 does not apply to the factsof the present application. I therefore refuse the application. It isopen to the applicant to make his application within the proper timein respect of the year 1967.
Application refused.