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THE LEGAL PRACTITIONERS ACT, 1879

Title : THE LEGAL PRACTITIONERS ACT, 1879

Year : 1879

THE LEGAL PRACTITIONERS ACT, 1879.ACT No. 18 OF 1879 1*


[29th October, 1879.]


An Act to consolidate and amend the law relating to Legal
Practitioners

WHEREAS it is expedient to consolidate and amend the law relating to
Legal Practitioners in 2*[certain Provinces, and to empower the
Provincial Government of every other Province to extend thereto] such portions of this Act as such Government may think fit; It is hereby enacted as follows:--


CHAPTER I
PRELIMINARY


1.Short title, commencement.


1. Short title, commencement. This Act may be called the Legal
Practitioners Act, 1879; and shall come into force on the first day of January, 1880.

Local exetnt.- This section and section 2 extend to the whole of India
3*[except the State of Jammu and Kashmir].

4*[The rest of this Act extends, in the first instance, only to the territories which, immediately before the 1st November, 1956, were comprised in West Bengal, Uttar Pradesh, Punjab, Bihar, Madhya
Pradesh, Assam, Orissa and Delhi. But the State Government of any
State may, from time to time, by notification in the Official Gazette, extend 1*** all or any of the provisions of the rest of this Act to the whole or any part of that State to which such provisions extend.]

The provisions of this Act shall not apply to the Union territory of
Manipur, vide Act 30 of 1950, as amended by Act 68 of 1956.As amended in Madras by Mad. Act 12 of 1960.

Extended to the transferred territories in Punjab by Pun Act 41 of
1960.

Extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of
1958 (when notified).
---------------------------------------------------------------------
1 This Act has been extended to Berar by the Berar Laws Act, 1941.(4 of 1941). It has been declared to be in force in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch., and also by notification under s. 3 of the Scheduled Districts Act, 1874.(14 of 1874), in the Districts of Hazaribagh, Lohardaga and Manbhum and Pargana Dhalbhum and the Kolhan in the District of Singbhum, see
Gazette of India, 1881, Pt. I, p. 504. The District of Lohardaga (now called the Ranchi District, see Calcutta Gazette, 1889, Pt. I, p. 44)
included at this time the District of Palamau, which was separated in
1894.It has been amended in its application to--
Bengal by Ben. Act 5 of 1942;
C.P. and Berar by C.P. & Berar Act 25 of 1939:
Madras by Mad. Acts 3 of 1943, 14 of 1944, 9 of 1947 and 17.of 1950;
Orissa by Orissa Act 6 of 1938; and
U.P. by U.P. Acts 4 of 1925 and 4 of 1936.The Act has not been extended to the State of Manipur, vide Act 30 of
1950, s. 3 and Sch. as amended by Act 68 of 1956.2. Subs. by the A.O. 1948 for "the Lower Provinces of Bengal, the North-Western
Provinces, the Punjab, Oudh, the Central Provinces and Assam, and to empower each of the Local Government of the rest of British India to extend to the territories administered by it". 3 Subs. by Act 3 of
1951, s. 3 and Sch., for "except Part B States". 4 Subs. by the
Adaptation of Laws (No. 2) Order, 1956, for the former paragraph.

6.2.Repeal of enactments.


2. [Repeal of enactments.] Rep. by the Repealing Act, 1938 (1 of
1938), s. 2 and Sch.


3.Interpretation-clause.


3. Interpretation-clause. In this Act, unless there be something repugnant in the subject or context,--

"Judge" means the presiding judicial officer in every Civil and Criminal Court, by whatever title he is designated:

"subordinate Court" means all Courts subordinate to the High
Court, including Courts of Small Causes established under Act No. 9 of 1850 2* or Act No. 11 of 1865 3*:

"revenue-office" includes all Courts (other than Civil
Courts) trying suits under any Act for the time being in force relating to land-holders and their tenants or agents:

"legal practitioner" means an advocate, vakil or attorney of any High Court, a pleader, mukhtar or revenue-agent:

4*["tout" means a person--

(a) who procures, in consideration of any remuneration moving from any legal practitioner, the employment of the legal practitioner in any legal business;
---------------------------------------------------------------------
1 Under this power, the Act has been extended, subject to certain omissions and so far only as it relates to Judicial Courts, Civil and
Criminal, to the Madras Presidency, except the Scheduled Districts, from 1st April 1882, see Fort St. George Gazette, 1881, Pt. I, pp. 491.and 707. Ss. 3 and 4 of the Act have been extended to the Regulation
Districts of the Bombay Presidency, see Bombay Government Gazette,
1885, Pt. I. p. 290; and ss. 13 [except clauses (a), (b), (c), (d) and
(f) thereof], 34, 36 and 40 have been extended to the whole of the
Bombay Presidency (Bombay Gazette, 1904, Pt. I, p. 1635). Ch. I, s.
40, Sch. II, and so much of Chs. III, V, VI and VII as relates to pleaders, have been extended to Coorg, see Mysore Gazette, 1879, Pt.
I, p. 355; see also Coorg District Gazette, 1891, Pt. I, p. 140, for notification extending ss. 4, 5 and 38; Coorg District Gazette, 1899, Pt. I, p. 122, for notification extending ss. 3, 13 and 36 as amended by Act 11 of 1896 so far as they relate to pleaders; and Coorg
Gazette, 1935, Pt. I, p. 2, for notification extending ss. 4 and 41.Ss. 4 and 41 have been extended to Ajmer-Merwara, see Gazette of
India, 1927, Pt. II-A, p. 214.2 See now the Presidency Small Cause Courts Act, 1882 (15 of 1882).
3 See now the Provincial Small Cause Courts Act, 1887 (9 of 1887).
4 Subs. by Act 15 of 1926, s. 2 for the former definition.

7.or who proposes to any legal practitioner or to any person interested in any legal business to procure, in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business; or

(b) who for the purposes of such procurement frequents the precincts of Civil or Criminal Courts or of revenue-
offices, or railway stations, landing stages, lodging places or other places of public resort.]

Last updated on May, 2015
Title : THE LEGAL PRACTITIONERS ACT, 1879

Year : 1879

THE LEGAL PRACTITIONERS ACT, 1879.ACT No. 18 OF 1879 1*


[29th October, 1879.]


An Act to consolidate and amend the law relating to Legal
Practitioners

WHEREAS it is expedient to consolidate and amend the law relating to
Legal Practitioners in 2*[certain Provinces, and to empower the
Provincial Government of every other Province to extend thereto] such portions of this Act as such Government may think fit; It is hereby enacted as follows:--


CHAPTER I
PRELIMINARY


1.Short title, commencement.


1. Short title, commencement. This Act may be called the Legal
Practitioners Act, 1879; and shall come into force on the first day of January, 1880.

Local exetnt.- This section and section 2 extend to the whole of India
3*[except the State of Jammu and Kashmir].

4*[The rest of this Act extends, in the first instance, only to the territories which, immediately before the 1st November, 1956, were comprised in West Bengal, Uttar Pradesh, Punjab, Bihar, Madhya
Pradesh, Assam, Orissa and Delhi. But the State Government of any
State may, from time to time, by notification in the Official Gazette, extend 1*** all or any of the provisions of the rest of this Act to the whole or any part of that State to which such provisions extend.]

The provisions of this Act shall not apply to the Union territory of
Manipur, vide Act 30 of 1950, as amended by Act 68 of 1956.As amended in Madras by Mad. Act 12 of 1960.

Extended to the transferred territories in Punjab by Pun Act 41 of
1960.

Extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of
1958 (when notified).
---------------------------------------------------------------------
1 This Act has been extended to Berar by the Berar Laws Act, 1941.(4 of 1941). It has been declared to be in force in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch., and also by notification under s. 3 of the Scheduled Districts Act, 1874.(14 of 1874), in the Districts of Hazaribagh, Lohardaga and Manbhum and Pargana Dhalbhum and the Kolhan in the District of Singbhum, see
Gazette of India, 1881, Pt. I, p. 504. The District of Lohardaga (now called the Ranchi District, see Calcutta Gazette, 1889, Pt. I, p. 44)
included at this time the District of Palamau, which was separated in
1894.It has been amended in its application to--
Bengal by Ben. Act 5 of 1942;
C.P. and Berar by C.P. & Berar Act 25 of 1939:
Madras by Mad. Acts 3 of 1943, 14 of 1944, 9 of 1947 and 17.of 1950;
Orissa by Orissa Act 6 of 1938; and
U.P. by U.P. Acts 4 of 1925 and 4 of 1936.The Act has not been extended to the State of Manipur, vide Act 30 of
1950, s. 3 and Sch. as amended by Act 68 of 1956.2. Subs. by the A.O. 1948 for "the Lower Provinces of Bengal, the North-Western
Provinces, the Punjab, Oudh, the Central Provinces and Assam, and to empower each of the Local Government of the rest of British India to extend to the territories administered by it". 3 Subs. by Act 3 of
1951, s. 3 and Sch., for "except Part B States". 4 Subs. by the
Adaptation of Laws (No. 2) Order, 1956, for the former paragraph.

6.2.Repeal of enactments.


2. [Repeal of enactments.] Rep. by the Repealing Act, 1938 (1 of
1938), s. 2 and Sch.


3.Interpretation-clause.


3. Interpretation-clause. In this Act, unless there be something repugnant in the subject or context,--

"Judge" means the presiding judicial officer in every Civil and Criminal Court, by whatever title he is designated:

"subordinate Court" means all Courts subordinate to the High
Court, including Courts of Small Causes established under Act No. 9 of 1850 2* or Act No. 11 of 1865 3*:

"revenue-office" includes all Courts (other than Civil
Courts) trying suits under any Act for the time being in force relating to land-holders and their tenants or agents:

"legal practitioner" means an advocate, vakil or attorney of any High Court, a pleader, mukhtar or revenue-agent:

4*["tout" means a person--

(a) who procures, in consideration of any remuneration moving from any legal practitioner, the employment of the legal practitioner in any legal business;
---------------------------------------------------------------------
1 Under this power, the Act has been extended, subject to certain omissions and so far only as it relates to Judicial Courts, Civil and
Criminal, to the Madras Presidency, except the Scheduled Districts, from 1st April 1882, see Fort St. George Gazette, 1881, Pt. I, pp. 491.and 707. Ss. 3 and 4 of the Act have been extended to the Regulation
Districts of the Bombay Presidency, see Bombay Government Gazette,
1885, Pt. I. p. 290; and ss. 13 [except clauses (a), (b), (c), (d) and
(f) thereof], 34, 36 and 40 have been extended to the whole of the
Bombay Presidency (Bombay Gazette, 1904, Pt. I, p. 1635). Ch. I, s.
40, Sch. II, and so much of Chs. III, V, VI and VII as relates to pleaders, have been extended to Coorg, see Mysore Gazette, 1879, Pt.
I, p. 355; see also Coorg District Gazette, 1891, Pt. I, p. 140, for notification extending ss. 4, 5 and 38; Coorg District Gazette, 1899, Pt. I, p. 122, for notification extending ss. 3, 13 and 36 as amended by Act 11 of 1896 so far as they relate to pleaders; and Coorg
Gazette, 1935, Pt. I, p. 2, for notification extending ss. 4 and 41.Ss. 4 and 41 have been extended to Ajmer-Merwara, see Gazette of
India, 1927, Pt. II-A, p. 214.2 See now the Presidency Small Cause Courts Act, 1882 (15 of 1882).
3 See now the Provincial Small Cause Courts Act, 1887 (9 of 1887).
4 Subs. by Act 15 of 1926, s. 2 for the former definition.

7.or who proposes to any legal practitioner or to any person interested in any legal business to procure, in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business; or

(b) who for the purposes of such procurement frequents the precincts of Civil or Criminal Courts or of revenue-
offices, or railway stations, landing stages, lodging places or other places of public resort.]

Last updated on May, 2015

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