Advocate Lord - Law Dictionary Search Results
Home Dictionary Name: advocate lord Page: 3Judge Advocate General
Judge Advocate General pl: Judge Advocates General : the senior legal officer and chief legal adviser in the army, navy, or air force ...
Barrister, or Barrastor
Barrister, or Barrastor, a counsellor or advocate learned in the law, admitted to plead at the bar, and there to take upon himself the protection and defence of clients. He is termed jurisconsultus and licentiatus in jure. As to the mode and qualification for obtaining the degree of a barrister, see INNS OF COURT; and consult Marchant on Barristers; Warren's Law Studies; Forsyth's Hortenisus; and Chitty on Contracts; also Mew's Digest, tit. 'Barrister.'It shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland. [General Clauses Act, 1897 (10 of 1897), S. 3 (4)]Fees.--A barrister can maintain no action for his fees, which are given not as a salary or hire, but as a mere honorarium or gratuity, and even an express promise by a client to pay money to counsel for his advocacy is not binding, see Re Le Brasseur & Oakley, (1896) 2 Ch 487; Kennedy v. Broun, (1863) 13 CBN S 677, where the whole law on the subject of counsel's fees is elaborately discus...
Session, Court of, in Scotland
Session, Court of, in Scotland, the supreme civil Court of Scotland, instituted A.D. 1532, and formerly consisting of fifteen judges-that number being reduced in 1830, by 11 Geo. 4 & 1 Wm. 4, c. 69, s. 20, to thirteen; viz., the Lord President, the Lord Justice-Clerk, and eleven ordinary lords. This Court is required, by 48 Geo. 3, c. 151, to sit in two divisions; the Lord President, with three ordinary lords, form the first division; and the Lord Justice-Clerk and there other ordinary lords form the second division. There are five permanent Lords Ordinary, attached equally to both divisions, the last appointed of whom officiates on the bills, i.e., petitions to the Court during session, and performs the other duties of junior Lord Ordinary. The chambers of the Parliament House, in which the First and Second Divisions of the Court of Session hold their sittings, are called the Inner House; those in which the Lords Ordinary sit, as single judges, to hear motions and causes, are collecti...
Person aggrieved
Person aggrieved, does not include a mere busy-body, but refers to one who has a genuine grievance on account of some order prejudicially affecting his interests, K.C. Pazhanimala v. State of Kerala, AIR 1969 Ker 154: (1968) ILR 2 Ker 422; P.S.R. Sadanatham v. Arunachalam, (1980) SCC (Cr) 649; V.D. Kumarappan v. Secy, Home Department, AIR 1960 Ker 378; Ashok Autoservice of Belim v. Union of India, AIR 1968 Goa 67; Ebrahim Aboobaker v. Custodian General of Evacuee Property, AIR 1952 SC 319; Custodian of Evacuees Property v. Ahad Noga, AIR 1957 J&K 50.If a person is a member of a society and is wrongfully excluded, then he is a 'person aggrieved', Chapadgaon Vividh Karyakan Seva Sahakari Society, Chapadgaon v. Collector of Ahmednagar, (1989) 3 Bom CR 641 [Maharashtra Co-operative Societies Act, 1960, s. 144]; Adi Pherozshab Gandhi v. H.M. Seervai, AIR 1971 SC 385; Mohammed Sharfuddin v. R.P. Singh, AIR 1957 Pat 235; Northern Plastics Ltd. v. Hindustan Photo Film Mfg. Co. Ltd., (1997) 4 S...
barrister
barrister [Middle English barrester, from barre bar + -ster (as in legister lawyer)] 1 : a lawyer who argues cases before a British court ;esp : one who is allowed to argue before a British high court compare solicitor NOTE: Many countries in the Commonwealth (as England and Australia) and the Republic of Ireland divide the legal profession into barristers and solicitors. In Canada, every lawyer is both a barrister and a solicitor, although individual lawyers may describe themselves as one or the other. Scotland uses the term advocate to refer to lawyers allowed to argue cases in its courts. 2 : lawyer ...
Professional misconduct
Professional misconduct, may consist in betraying the confidence of a client, in attempting by any means to practise a fraud or impose on or deceive the court or the adverse party or his counsel, and in fact in any conduct which tends to bring reproach on the legal profession or to alienate the favourable opinion which the public should entertain concerning it, Corpus Juris Secundum (p. 740, Vol. 7), see also R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Means dishonesty or some conduct involving moral turpitude, State of Uttar Pradesh v. Kashi Prasad, AIR 1969 All 363.The test to be applied in all such cases is whether the proved misconduct of the advocate is such that he must be regarded as unworthy to remain a member of the honourable profession to which he has been admitted and unfit to be entrusted with the responsible duties that an advocate is called upon to perform. There is a world of difference between the giving of improper legal advice and the giving of wrong legal ...
Suspension of practice
Suspension of practice, means voluntary suspen-sion of practice as an advocate or suspension of an advocate by a State Bar Council for misconduct. [Advocates Welfare Fund Act, 2001 (45 of 2001), s. 2(s)]...
Court-martial
Court-martial, a court for the trial of military offences, under the authority of the (English) Crown and the Army Act, 1881; the ordinary law of evidence must be applied in its proceedings (ibid. s. 128, and Rules of Procedure, r. 73). There are general, district, and regimental courts-martial. See JUDGE ADVOCATE. Their jurisdiction does not, however, exempt any officer or soldier from being proceeded against by the ordinary course of law, Consult Manual of Military Law and the King's Regulations; Clode's Military Forces of the Crown.As to Naval Courts-martial, see (English) Navy Discipline Act, 1866 (29 & 30 Vict. c. 109), ss. 58-69; JUDGE ADVOCATE.It means a court-martial held under this Act. [Army Act, 1950, s. 3 (vii); also see Air Force Act, 1950, s. 4 (xvi)]...
Instruct
Instruct, to convey information-as a client to a solicitor, or as a solicitor to a counsel; to authorise one to appear as advocate....
Attorney
Attorney [fr. tourne, Fr., or fr. attornatus, Medieval Lat., substituted], one who is appointed by another to do something in his absence, and who has authority to act in the place and turn of him by whom he is delegated. He is of two kinds.(1) Attorney at Law was a public officer belonging to the Superior Courts of Common Law at Westminster, who conducted legal proceedings on behalf of others, called his clients, by whom he was retained: he answered to the Solicitor in the Courts of Chancery, and the Proctor of the Admiralty, Ecclesiastical, Probate, and Divorce Courts. An attorney was almost invariably also a solicitor. The name 'Solicitor' was provided by the (English) Judicature Act, 1873, s. 87. The (English) Judicature Act, 1925, s. 215(2) provides that references in any enactment to solicitors, attorneys or proctors shall be construed as references to solicitors of the Supreme Court. see SOLICITORS.(2) Attorney in Fact, including all agents employed in any business or to do any ...
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