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THE LEGAL PRACTITIONERS ACT, 1879

Title : THE LEGAL PRACTITIONERS ACT, 1879

Year : 1879



CHAPTER VIII

MISCELLANEOUS


37.State Government to appoint examiners.


37. [State Government to appoint examiners.] Rep. by the
Advocates Act, 1961 (25 of 1961), s. 50 (2) (w.e.f. 1-12-1961).


38.Exemption of High Court practitioners from certain parts of Act.


38. Exemption of High Court practitioners from certain parts of
Act. Except as provided by section 4, 5, 1*[7,] 16, 1*[25,], 27, 32.and 36, nothing in this Act applies to advocates, vakils and attorneys admitted and enrolled by any High Court under the letters patent by which such Court is constituted, or to mukhtars practising in such
Court or to advocates enrolled 2*[under section 41 of this Act]
3*[and, except as provided by section 36, nothing in this Act applies to persons enrolled as advocates of any High Court under the Indian
Bar Councils Act, 1926 (38 of 1926.)].


39.Suspension or dismissal of person holding mukhtar and revenue-agents certificate.


39. [Suspension or dismissal of person holding mukhtar and revenue-agents certificate.] Rep. by the Advocates Act, 1961 (25 of
1961), s. 50 (4) (w.e.f. 1-9-1963).


40.


Pleaders, etc., not to be suspended or dismissed without being heard.


40. [Pleaders, etc., not to be suspended or dismissed without being heard.] Rep by the Advocates Act, 1961 (25 of 1961), 50 (4)
(w.e.f. 1-9-1963).


41.Power for certain High Courts to enrol advocates.


4*[5*41. Power for certain High Courts to enrol advocates. (4) A
High Court not esablished by Royal Charter 3*[in respect of which the
Indian Bar Councils Act, 1926, (38 of 1926), is not in force] may, from time to time, with the previous sanction of the State Government, make rules as to the qualifications and admission of proper persons to be advocates of the Court, and, subject to such rules, may enrol such and so many advocates as it thinks fit.

(2) Every advocate so enrolled shall be entitled to appear for the suitors of the Court, and to plead or to act, or to plead and act, for
---------------------------------------------------------------------
1 Ins. by Act 1 of 1908, s. 5.2 Subs. by Act 9 of 1884, s. 7, for "by the Chief Court of the
Punjab".
3 Ins. by Act 38 of 1926, s. 19 and Sch.
4 Subs. by Act 9 of 1884, s. 8, for the original section.
5 So much of the section as relates to the admission and enrolment of legal practitioners repealed by the Advocates Act, 1961 (25 of
1961), s. 50 (2) (w.e.f. 1-12-1961) and so much of the section as relates to the suspension, removal or dismissal of legal practitioners repealed by s. 50 (4), ibid., (w.e.f. 1-9-1963).

21.those suitors, according as the Court may by its rules determine, and subject to those rules.

(3) The High Court may dismiss any advocate so enrolled or suspend him from practice.

(4) Provided that an advocate shall not be dismissed or suspended under this section unless he has been allowed an opportunity of defending himself before the High Court which enrolled him, and
1*[except in the case of the Chief Court of Oudh] unless the order of the High Court dismissing or suspending him has been confirmed by the
State Government.]


42.Repeal of Chapter VI of Bom. Reg. II of 1827 and Acts 1 of 1846 and 20.of 1853.42. [Repeal of Chapter VI of Bom. Reg. II of 1827 and Acts 1 of
1846 and 20 of 1853.] Rep. by the Repealing Act, 1938 (1 of 1938), s.
2 and Sch.


SCHEDULE I


Enactments repealed.


FIRST SCHEDULE.--[Enactments repealed.] Rep. by the Repealing
Act, 1938 (1 of 1938), s. 2 and Sch.


SCHEDULE II


VALUE OF STAMPS FOR CHERTIFICATES


SECOND SCHEDULE

(See section 25)

VALUE OF STAMPS FOR CERTIFICATES

I

For a certificate authorizing the holder to practise as a pleader--

(a) in the High Court and any subordinate Court-rupees fifty:

(b) in any Court of Small Causes in a Presidency-town--
rupees twenty-five:

(c) in all other subordinate Courts--rupees twenty-five:

(d) in the Courts of Subordinate Judges, Munsifs, Assistant
Commissioners, Extra Assistant Commissioners and
Tahsildars, in Courts of Small Causes outside the
Presidency-towns and in all Criminal Courts subordinate to the High Court-rupees fifteen:

(e) in the Courts of Munsifs and any Civil or Criminal Court of first instance not hereinbefore specifically mentioned--rupees five.
---------------------------------------------------------------------
1 Ins. by Act 32 of 1925, s. 2 and Sch.

22.II

For a certificate authorizing the holder to practise as a mukhtar--

(f) in the High Court and any subordinate Court--rupees twenty-five:

(g) in any Court of Small Causes in a Presidency-town--
rupees fifteen:

(h) in all other subordinate Courts--rupees fifteen:

(i) in the Courts of Subordinate Judges, Munsifs, Assistant
Commissioners, Extra Assistant Commissioners and
Tahsildars, in Courts of Small Causes outside the
Presidency-towns and in all Criminal Courts subordinate to the High Court-rupees ten:

(j) in the Courts of Munsif and any Civil or Criminal Court of first instance not hereinbefore specifically mentioned--rupees five.

III

For a certificate authorizing the holder to practise as a revenue-agent--

(k) in the office of the Chief Controlling Revenue-authority and in any revenue-office subordinate to such authority--rupees fifteen:

(l) in the office of a Commissioner and in any revenue-
office subordinate to a Commissioner--rupees ten:

(m) in the office of a Collector and in any revenue-office subordinate to a Collector--rupees five.
 

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

Year : 1879



CHAPTER VIII

MISCELLANEOUS


37.State Government to appoint examiners.


37. [State Government to appoint examiners.] Rep. by the
Advocates Act, 1961 (25 of 1961), s. 50 (2) (w.e.f. 1-12-1961).


38.Exemption of High Court practitioners from certain parts of Act.


38. Exemption of High Court practitioners from certain parts of
Act. Except as provided by section 4, 5, 1*[7,] 16, 1*[25,], 27, 32.and 36, nothing in this Act applies to advocates, vakils and attorneys admitted and enrolled by any High Court under the letters patent by which such Court is constituted, or to mukhtars practising in such
Court or to advocates enrolled 2*[under section 41 of this Act]
3*[and, except as provided by section 36, nothing in this Act applies to persons enrolled as advocates of any High Court under the Indian
Bar Councils Act, 1926 (38 of 1926.)].


39.Suspension or dismissal of person holding mukhtar and revenue-agents certificate.


39. [Suspension or dismissal of person holding mukhtar and revenue-agents certificate.] Rep. by the Advocates Act, 1961 (25 of
1961), s. 50 (4) (w.e.f. 1-9-1963).


40.


Pleaders, etc., not to be suspended or dismissed without being heard.


40. [Pleaders, etc., not to be suspended or dismissed without being heard.] Rep by the Advocates Act, 1961 (25 of 1961), 50 (4)
(w.e.f. 1-9-1963).


41.Power for certain High Courts to enrol advocates.


4*[5*41. Power for certain High Courts to enrol advocates. (4) A
High Court not esablished by Royal Charter 3*[in respect of which the
Indian Bar Councils Act, 1926, (38 of 1926), is not in force] may, from time to time, with the previous sanction of the State Government, make rules as to the qualifications and admission of proper persons to be advocates of the Court, and, subject to such rules, may enrol such and so many advocates as it thinks fit.

(2) Every advocate so enrolled shall be entitled to appear for the suitors of the Court, and to plead or to act, or to plead and act, for
---------------------------------------------------------------------
1 Ins. by Act 1 of 1908, s. 5.2 Subs. by Act 9 of 1884, s. 7, for "by the Chief Court of the
Punjab".
3 Ins. by Act 38 of 1926, s. 19 and Sch.
4 Subs. by Act 9 of 1884, s. 8, for the original section.
5 So much of the section as relates to the admission and enrolment of legal practitioners repealed by the Advocates Act, 1961 (25 of
1961), s. 50 (2) (w.e.f. 1-12-1961) and so much of the section as relates to the suspension, removal or dismissal of legal practitioners repealed by s. 50 (4), ibid., (w.e.f. 1-9-1963).

21.those suitors, according as the Court may by its rules determine, and subject to those rules.

(3) The High Court may dismiss any advocate so enrolled or suspend him from practice.

(4) Provided that an advocate shall not be dismissed or suspended under this section unless he has been allowed an opportunity of defending himself before the High Court which enrolled him, and
1*[except in the case of the Chief Court of Oudh] unless the order of the High Court dismissing or suspending him has been confirmed by the
State Government.]


42.Repeal of Chapter VI of Bom. Reg. II of 1827 and Acts 1 of 1846 and 20.of 1853.42. [Repeal of Chapter VI of Bom. Reg. II of 1827 and Acts 1 of
1846 and 20 of 1853.] Rep. by the Repealing Act, 1938 (1 of 1938), s.
2 and Sch.


SCHEDULE I


Enactments repealed.


FIRST SCHEDULE.--[Enactments repealed.] Rep. by the Repealing
Act, 1938 (1 of 1938), s. 2 and Sch.


SCHEDULE II


VALUE OF STAMPS FOR CHERTIFICATES


SECOND SCHEDULE

(See section 25)

VALUE OF STAMPS FOR CERTIFICATES

I

For a certificate authorizing the holder to practise as a pleader--

(a) in the High Court and any subordinate Court-rupees fifty:

(b) in any Court of Small Causes in a Presidency-town--
rupees twenty-five:

(c) in all other subordinate Courts--rupees twenty-five:

(d) in the Courts of Subordinate Judges, Munsifs, Assistant
Commissioners, Extra Assistant Commissioners and
Tahsildars, in Courts of Small Causes outside the
Presidency-towns and in all Criminal Courts subordinate to the High Court-rupees fifteen:

(e) in the Courts of Munsifs and any Civil or Criminal Court of first instance not hereinbefore specifically mentioned--rupees five.
---------------------------------------------------------------------
1 Ins. by Act 32 of 1925, s. 2 and Sch.

22.II

For a certificate authorizing the holder to practise as a mukhtar--

(f) in the High Court and any subordinate Court--rupees twenty-five:

(g) in any Court of Small Causes in a Presidency-town--
rupees fifteen:

(h) in all other subordinate Courts--rupees fifteen:

(i) in the Courts of Subordinate Judges, Munsifs, Assistant
Commissioners, Extra Assistant Commissioners and
Tahsildars, in Courts of Small Causes outside the
Presidency-towns and in all Criminal Courts subordinate to the High Court-rupees ten:

(j) in the Courts of Munsif and any Civil or Criminal Court of first instance not hereinbefore specifically mentioned--rupees five.

III

For a certificate authorizing the holder to practise as a revenue-agent--

(k) in the office of the Chief Controlling Revenue-authority and in any revenue-office subordinate to such authority--rupees fifteen:

(l) in the office of a Commissioner and in any revenue-
office subordinate to a Commissioner--rupees ten:

(m) in the office of a Collector and in any revenue-office subordinate to a Collector--rupees five.
 

Last updated on May, 2015

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