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THE LEGAL PRACTITIONERS ACT, 1879

Title : THE LEGAL PRACTITIONERS ACT, 1879

Year : 1879



CHAPTER III

OF PLEADERS AND MUKHTARS


6.Power to make rules as to qualifications, etc., of pleaders and mukhtars. Publication of rules.


6. [Power to make rules as to qualifications, etc., of pleaders and mukhtars. Publication of rules.] Rep. by the Advocates Act, 1961.(25 of 1961), s. 50 (2) (w.e.f. 1-12-1961).


7.Certificates to pleaders and mukhtars.


7. [Certificates to pleaders and mukhtars.] Rep. by the Advocates
Act, 1961 (25 of 1961), s. 50 (2) (w.e.f. 1-12-1961).


8.Pleaders on entrolment may practise in Courts and revenue offices.


2* 8. Pleaders on entrolment may practise in Courts and revenue offices. Every pleader holding a certificate issued under section 7.may apply to be enrolled in any Court or revenue-office mentioned therein and situate within the local limits of the appellate jurisdiction of the High Court by which he has been admitted; and, subject to such rules consistent with this Act as the High Court or the Chief Controlling Revenue-authority 3* may, from time to time, make in this behalf, the presiding Judge or officer shall enrol him accordingly; and thereupon he may appear, plead and act in such Court or office and in any Court or revenue-office subordinate thereto.


9.Mukhtars on enrolment may practise in Courts.


2* 9. Mukhtars on enrolment may practise in Courts. Every mukhtar holding a certificate issued under section 7 may apply to be enrolled in any Civil or Criminal Court mentioned therein and situate within the same limits; and, subject to such rules as the High Court may from time to time make in this behalf, the presiding Judge shall
---------------------------------------------------------------------
1 Subs. by Act 3 of 1951, s. 3 and Sch, for "Part A States and Part
C States".
2 So much of the section as relates to the admission and enrolement of legal practitioners repealed by the Advocatss Act, 1961 (25 of
1961), s. 50 (2) (w.e.f. 1-12-1961).
3 For definition, see the General Clauses Act, 1897 (10 of 1897), s. 3.9.enrol him accordingly; and thereupon he may practise as a mukhtar in any such Civil Court and any Court subordinate thereto, and may
(subject to the provisions of the Code of Criminal Procedure 1*)
appear, plead and act in such Criminal Court and any Court subordinate thereto.


10.No person to practise as pleader or mukhtar unless qualified.


10. No person to practise as pleader or mukhtar unless qualified.
Except as provided by this Act or any other enactment for the time being in force, no person shall practise as a pleader or mukhtar in any Court not established by Royal Charter unless he holds a certificate issued under section 7 and has been enrolled in such Court or in some Court to which it is subordinate:

Revenue agents may appear, plead and act in Munsifs Courts in suits under Ben. Act 8 of 1869.Provided that persons who have been admitted as Revenue-agents before the first day of January, 1880, and hold certificates, as such, under this Act in the territories administered by the Lieutenant
Governor of Bengal, may be enrolled in manner provided by section 9 in any Munsifs Court in the said territories, and on being so enrolled may appear, plead and act in such Court in suits under Bengal Act 8 of
1869 2* (to amend the procedure in suits between Landlord and Tenant)
or under any other Act for the time being in force regulating the procedure in suits between landholders and their tenants and agents.


11.Power to declare functions of mukhtars.


11. Power to declare functions of mukhtars. Notwithstanding anything contained in the Code of Civil Procedure 3*, the High Court may, from time to time, make rules declaring what shall be deemed to be the functions, powers and duties of mukhtars practising in the subordinate Courts, and, in the case of a High Court not established by Royal Charter, in such Court.


12.Suspension and dismissal of pleaders and mukhtars convicted of criminal offence.


12. [Suspension and dismissal of pleaders and mukhtars convicted of criminal offence.] Rep. by the Advocates Act, 1961 (25 of 1961), s.
50 (4) (w.e.f. 1-9-1963).


13.Suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct.


13. [Suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (4) (w.e.f. 1-9-1963).


14.Procedure when charge of unprofessional conduct is brought in Court or revenue office, Suspension pending investigation.


14. [Procedure when charge of unprofessional conduct is brought in Court or revenue office, Suspension pending investigation.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (4) (w.e.f. 1-9-1963).
---------------------------------------------------------------------
1 See now the Code of Criminal Procedure, 1898 (Act 5 of 1898).
2 See now the Bengal Tenancy Act, 1885 (8 of 1885).
3 See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

10.15.Power to call for record in case of acquittal under section 14.15. [Power to call for record in case of acquittal under section
14.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (4) (w.e.f.
1-9-1963).


16.Power to make rules for mukhtars on appellate side of High Court.


1* 16. Power to make rules for mukhtars on appellate side of High
Court. Notwithstanding anything contained in any letters patent or in the Code of Civil Procedure 2* section 37, clause (a), any High Court established by Royal Charter may, from time to time, make rules consistent with this Act as to the following matters (namely):--

(a) the qualifications and admission of proper persons to be mukhtars practising on the appellate side of such
Court;

(b) the fees to be paid for the examination and admission of such persons;

(c) the security which they may be required to give for their honesty and good conduct;

(d) the suspension and dismissal of such mukhtars; and

(e) declaring what shall be deemed to be their functions, powers and duties;

and may prescribe and impose fines for the infringement of such rules, not exceeding in any case five hundred rupees; and such fines, when imposed, may be recovered as if they had been imposed in the exercise of the High Courts ordinary original criminal jurisdiction.
Last updated on May, 2015
Title : THE LEGAL PRACTITIONERS ACT, 1879

Year : 1879



CHAPTER III

OF PLEADERS AND MUKHTARS


6.Power to make rules as to qualifications, etc., of pleaders and mukhtars. Publication of rules.


6. [Power to make rules as to qualifications, etc., of pleaders and mukhtars. Publication of rules.] Rep. by the Advocates Act, 1961.(25 of 1961), s. 50 (2) (w.e.f. 1-12-1961).


7.Certificates to pleaders and mukhtars.


7. [Certificates to pleaders and mukhtars.] Rep. by the Advocates
Act, 1961 (25 of 1961), s. 50 (2) (w.e.f. 1-12-1961).


8.Pleaders on entrolment may practise in Courts and revenue offices.


2* 8. Pleaders on entrolment may practise in Courts and revenue offices. Every pleader holding a certificate issued under section 7.may apply to be enrolled in any Court or revenue-office mentioned therein and situate within the local limits of the appellate jurisdiction of the High Court by which he has been admitted; and, subject to such rules consistent with this Act as the High Court or the Chief Controlling Revenue-authority 3* may, from time to time, make in this behalf, the presiding Judge or officer shall enrol him accordingly; and thereupon he may appear, plead and act in such Court or office and in any Court or revenue-office subordinate thereto.


9.Mukhtars on enrolment may practise in Courts.


2* 9. Mukhtars on enrolment may practise in Courts. Every mukhtar holding a certificate issued under section 7 may apply to be enrolled in any Civil or Criminal Court mentioned therein and situate within the same limits; and, subject to such rules as the High Court may from time to time make in this behalf, the presiding Judge shall
---------------------------------------------------------------------
1 Subs. by Act 3 of 1951, s. 3 and Sch, for "Part A States and Part
C States".
2 So much of the section as relates to the admission and enrolement of legal practitioners repealed by the Advocatss Act, 1961 (25 of
1961), s. 50 (2) (w.e.f. 1-12-1961).
3 For definition, see the General Clauses Act, 1897 (10 of 1897), s. 3.9.enrol him accordingly; and thereupon he may practise as a mukhtar in any such Civil Court and any Court subordinate thereto, and may
(subject to the provisions of the Code of Criminal Procedure 1*)
appear, plead and act in such Criminal Court and any Court subordinate thereto.


10.No person to practise as pleader or mukhtar unless qualified.


10. No person to practise as pleader or mukhtar unless qualified.
Except as provided by this Act or any other enactment for the time being in force, no person shall practise as a pleader or mukhtar in any Court not established by Royal Charter unless he holds a certificate issued under section 7 and has been enrolled in such Court or in some Court to which it is subordinate:

Revenue agents may appear, plead and act in Munsifs Courts in suits under Ben. Act 8 of 1869.Provided that persons who have been admitted as Revenue-agents before the first day of January, 1880, and hold certificates, as such, under this Act in the territories administered by the Lieutenant
Governor of Bengal, may be enrolled in manner provided by section 9 in any Munsifs Court in the said territories, and on being so enrolled may appear, plead and act in such Court in suits under Bengal Act 8 of
1869 2* (to amend the procedure in suits between Landlord and Tenant)
or under any other Act for the time being in force regulating the procedure in suits between landholders and their tenants and agents.


11.Power to declare functions of mukhtars.


11. Power to declare functions of mukhtars. Notwithstanding anything contained in the Code of Civil Procedure 3*, the High Court may, from time to time, make rules declaring what shall be deemed to be the functions, powers and duties of mukhtars practising in the subordinate Courts, and, in the case of a High Court not established by Royal Charter, in such Court.


12.Suspension and dismissal of pleaders and mukhtars convicted of criminal offence.


12. [Suspension and dismissal of pleaders and mukhtars convicted of criminal offence.] Rep. by the Advocates Act, 1961 (25 of 1961), s.
50 (4) (w.e.f. 1-9-1963).


13.Suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct.


13. [Suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (4) (w.e.f. 1-9-1963).


14.Procedure when charge of unprofessional conduct is brought in Court or revenue office, Suspension pending investigation.


14. [Procedure when charge of unprofessional conduct is brought in Court or revenue office, Suspension pending investigation.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (4) (w.e.f. 1-9-1963).
---------------------------------------------------------------------
1 See now the Code of Criminal Procedure, 1898 (Act 5 of 1898).
2 See now the Bengal Tenancy Act, 1885 (8 of 1885).
3 See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

10.15.Power to call for record in case of acquittal under section 14.15. [Power to call for record in case of acquittal under section
14.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (4) (w.e.f.
1-9-1963).


16.Power to make rules for mukhtars on appellate side of High Court.


1* 16. Power to make rules for mukhtars on appellate side of High
Court. Notwithstanding anything contained in any letters patent or in the Code of Civil Procedure 2* section 37, clause (a), any High Court established by Royal Charter may, from time to time, make rules consistent with this Act as to the following matters (namely):--

(a) the qualifications and admission of proper persons to be mukhtars practising on the appellate side of such
Court;

(b) the fees to be paid for the examination and admission of such persons;

(c) the security which they may be required to give for their honesty and good conduct;

(d) the suspension and dismissal of such mukhtars; and

(e) declaring what shall be deemed to be their functions, powers and duties;

and may prescribe and impose fines for the infringement of such rules, not exceeding in any case five hundred rupees; and such fines, when imposed, may be recovered as if they had been imposed in the exercise of the High Courts ordinary original criminal jurisdiction.
Last updated on May, 2015

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