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Bombay Pleaders Act, 1920, (Maharashtra) Section 8 - Bare Act

State

Maharashtra Government

Year

Section Title

Where District Pleaders Are Entitled to Practice

Act Info:


[1][(1)] Subject to the provisions of any law for the time being in force [2][and save as provided in sub-section (2)] district Pleader shall, within the district [3][or districts] in respect of which he holds a sanad, be entitled to practice-

(a) in such civil court or courts as the District Judge may from time to time assign to him;

[4][(b) in such criminal court or courts as the Sessions Judge may from time to time assign to him;]

(c) in or before any other Court, tribunal or person in or before which or whom district pleaders are or may hereafter be entitled by law to practice; and

(d) before any public officer in any of the following proceedings:-

an investigation held in accordance with the first paragraph of Section 73 and an appeal under Section 77 of the Bombay Hereditary Offices Act, proceedings under Section 87 of the Bombay Land Revenue Code, 1879;

proceedings before a Tribunal of Arbitration under the Bombay Town Planning Act, 1915;

such proceedings under any enactment in force, in the [5][area to which this Act extends] as the [6][[7][State] Government), by notification in the [8][Official Gazette] may specify.

[9][(2) Subject to the provisions of any law for the time being in force, the High Court may issue sanads restricting the right of practice to certain Courts in a district or certain classes of cases or the right of pleading in such Courts, in the manner mentioned below and the right to practice shall be determined accordingly :-

(a) Mukhtars in the former State of Madhya Pradesh who have been admitted as pleaders under the rules framed by the former High Court of Nagpur under the Legal Practitioners Act, 1879 (XVIII of 1879) may be issued sanads restricting their right to plead only with the previous permission of the Court concerned.

(b) Pleaders of the III Grade admitted under the rules framed by the former Hyderabad High Court under the Legal Practitioners Act, 1879 (XVIII of 1879), may be issued sanads restricting their rights to practice only in Civil and Criminal Courts inferior to the District and Sessions Court and before the Revenue and Public Officers inferior to the Collector.

(c) Mukhtars of Class II admitted under the rules framed by the former Saurashtra High Court under the Legal Practitioners Act, 1879 (XVIII of 1879), and under the High Court of Judicature Ordinance for the State Of Saurashtra, 1948 may be issued sanads restricting their right of practice only to the Civil Courts, inferior to the District Court and to cases triable by the Civil Judge, Junior Division, only. Such sanads may also restrict the right to practice in Criminal Courts inferior to Sessions Court.]

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[1] Section 8 was re-numbered as sub-section (1) of that Section by Bom. 55 of 1958, section 6(1).

[2] These words were inserted by Bom. 55 of 1958, section 6(1).

[3] The words "or districts" were inserted by Bom. 6 of 1929, section 4.

[4] This clause was substituted for the original by Bom. 55 of 1938, section 6(1)(b).

[5] These words were substituted for the words "Bombay Presidency" by the Bombay Adaptation of Laws (State and Concurrent Subject) Order, 1956.

[6] The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation of Indian Laws Order in Council.

[7] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

[8] The words "Official Gazette" were substituted for the words "Bombay Government Gazette, by the Adaptation of Laws Order in Council.

[9] This sub-section was added by Bom. 55 of 1958, section 6(2).



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