Legal Practitioner - Law Dictionary Search Results
Home Dictionary Name: legal practitionerLegal practitioner
Legal practitioner, means an advocate [or vakil] or any High Court, a pleader, mukhtar or revenue agent. [Advocates Act, 1961 (25 of 1961), s. 2 (i)]It means an advocate entered in any roll under the provisions of the Advocates Act, 1961. [Notaries Act, 1952 (53 of 1952), s. 2 (c)]It shall have the meaning assigned to it in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961. [Foreign Exchange Management Act, 1999 (42 of 1999), s. 2 (r)]...
Tout
Tout, 'tout' means a person who procures, in consideration of any remuneration moving from any Advocate or from any person on his behalf, the employment of such Advocate in any legal business, or who proposes to any Advocate to procure, in consideration of any remuneration moving from such Advocate or from any person on his behalf, the employment of the Advocate in such business, or who for purposes of such procurement frequents the precincts of the Court. In re Sant Ram AIR 1960 SC 932: (1960) 3 SCR 499.-means a person-(a) who procures, in consideration of any remunera-tion moving from any legal practitioner, the employment of the legal practitioner in any legal business; 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 Crimina...
Friend or agent
Friend or agent, a 'friend' who, in truth and substance, is a friend of the detenu may appear for the detenu but if such a 'friend' also happens to be a legal practitioner, he cannot, as of right, appear before the Advisory Board on behalf of the detenu. The same reasoning will apply to appearance by an 'agent'. In other words, if an 'agent' is in 'truth and substance' an agent, the detenu may appear through him. But if the 'agent' is a legal practitioner, appearance by him as of right will be barred. But a 'friend' or an 'agent' of the detenu who in essentially a comrade in the profession of the detenu for which he is detained, such a 'friend' or 'agent' will also be barred from appearance on behalf of the detenu, Devji Vallabhbhai Tandel v. Administrator of Goa, AIR 1982 SC 1029: (1982) 2 SCC 222: (1982) 3 SCR 553....
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 ...
Surrogate
Surrogate, one that is substituted or appointed in the room of another, as by a bishop, chancellor, judge, etc., especially an officer appointed to dispense licences to marry without banns, 2 Steph. Com.A substitute; esp., a person appointed to act in place of another, Black's Law Dictionary, 7th Edn., p. 1458.By the Legal practitioners Act, 1877 (repealed by, and see now Part IV. of the Solicitors Act, 1932 [22 & 23 Geo. 5, c. 37)], any surrogate, not being 'a qualified practitioner,' i.e., a barrister, solicitor, etc., who for a fee prepares papers on which to found a grant of probate, etc., is liable to a penalty....
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
Common Law
Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...
Law List
Law List, a list of barristers, solicitors, and other legal practitioners, giving their addresses, and the dates of their entering the profession. The present 'Law List,' which has been published annually since 1801, is prima facie evidence that the persons therein named as solicitors or certificated conveyancers, are such, (English) Solicitors Act, 1850 (23 & 24 Vict. c. 127), s. 22.It means (1) A publication compiling the names and addresses of practicing lawyers and other information of interest to the profession, such as court calendars, lawyers with specialized practices, stenographers, and the like. (2) A legal directory such as Martindale-Hubbell. Many states and large cities also have law lists or directories, Black's Law Dictionary, 7th Edn., p. 892....
Contentious business
Contentious business, the business of legal practitioners where there is a contest, as opposed to non-contentious business when there is no such contest; the latter term is most frequently used in connection with obtaining probate or administra-tion, but is also applied to business in the Chancery Division where there are no facts in dispute, and the aid of the Court is only invoked to determine some point of law or construction, or to direct trustees or executors in the discharge of their duty....
Subordinate Court
Subordinate Court, means all Courts subordinate to the High Court, including court of Small causes established under Act No. 9 of 1850 or Act No. 11 of 1865. [Legal Practitioners Act, 1879 (18 of 1879), s. 3]...
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