Bombay act 017 of 1920 : Bombay Pleaders Act, 1920

Section 1. Short title and extent

1. Short title and extent.- (1) This Act may be called the Bombay Pleaders Act, 1920.

¹(2) It extends to the whole of the ²[State of Maharashtra]

³(3) In that part of the State of Bombay to which it is extended by the Bombay Pleaders (Extension and Amendment) Act, 1958 (Bom. LV of 1958), it shall come into force on such date as the State Government may, by notification in the Official Gasztte, appoint.]

Section 2. Definitions

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(1) "the High Court" means the High Court of Judicature at Bombay;

(2) "court subordinate to the High Court" means any court, tribunal, or person whose decree, order, decision or award is, or may hereafter be, subject to the appellate or re visional jurisdiction of the High Court;

(3) "Pleader" means a pleader admitted under this or any previous Act, and includes an attorney of the High Court appear in, pleading or acting for a client, elsewhere than in ¹[the Greater Bombay], but no thing in sections 3, 4, 5, 6, 11, 12, 13, 24, 25, 27 or 30, shall apply to an attorney of the High Court;

(4) "district" means the local limits of the jurisdiction of a principal civil court of original jurisdiction other than the High Court;

(5) "the Letters Patent" means the Amended Letters Patent of the High Court of Judicature for the Presidency of Bombay, dated the 28th December 1865 subject to any amendments thereto and alterations therein made or herein after to be made pursuant to clause 44 thereof or; Section 100(1A) of the Government of India Act;

(6) "prescribed" means prescribed by rules made under this Act.

Section 3. Classes of pleaders

3. Classes of pleaders.- Repealed by Act 26 of 1961 Section 50(2)(b).

Section 4. Sanads

4. Sanads.- Repealed by Act 25 of 1961, Section 50(2)(b).

Section 5. Extent and transfer of sanads

5. Extent and transfer of sanads.- (1) No district pleader shall hold a sanad in Respect of more than one district at the same time:

¹[Provided that when a district for which a sanad is to be issued comprises any area which for the, purposes of administration of revenue or criminal justice or both is also included in any other district the sanad may be held in respect of both such districts.]

(2) On the application of a district pleader holding a sanad which is available for any ²district the High Court may from time to time, by endorsement on such sanad, render the same available for any other district.

(3) A pleader holding a sanad in respect of any district may appear, plead and act for a client in any particular civil proceeding in a Court of any other district with the previous written authority of the District Judge in such other district.

Section 6. Conditions of admission

6. Conditions of admission.- Repealed by Act 25 of 1961, Section 50(2)(b).

Section 7. Where vakils of High Court are entitled to practise

7. Where vakils of High Court are entitled to practise.- (1) Subject to the provisions of any law for the time being in force and, with respect to the right of vakils of the High Court to practise in the High Court, subject to any rules for the time being in force under clause 10 of the Letters Patent, a vakil of the High Court shall be entitled to practise)-

(a) in the Hight Court;

(b) in any court substituted to the High Court;

(c) before the tribunal of appeal constituted under the ¹City of Bombay; Improvement Act, 1898;

(d) in or before any other count, tribunal of person in or before which or whom vakils of the High Court are or may hereafter be entitled bylaw to practise; and

(e) before any public officers in any of the following proceedings:-

an investigation held in accordance with the first paragraph of Section 73 and on 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 ²[area to which this Act extends] as the ³[⁴[State] Government], by notification in the ⁵[Official Gazette] may specify.

(2) The provisions of sub-section (1) shall apply, mutatis mutandis, to attorneys of the High Court.

Section 8. Where district pleaders are entitled to practise

8. Where district pleaders are entitled to practise.- 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 practise-

(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 practise; and

(d) before any public officer in any of the following proceedings an investigation held in accordant with the first paragraph of Section 73 and an appeal under Section 77 of the Bombay Hereditary Offices Act (Bom. III of 1874);

proceedings under Section 87 of the Bombay Land Revenue Code, 1879 (Bom. V of 1879);

proceedings before a Tribunal of Arbitration under the Bombay Town Planning Act, 1915 (Bom. I of 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 sane 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 practise 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 Kagpur under the Legal Practitioners Act, 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 Hight Court under the Legal Practitioners Act, 1879, may be issued sanads restricting their rights to practise 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 Hight Court under the Legal Practitioners Act, 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 Chil Courts inferior to the District Court and to cases triable by the Civil Judge, Junior Division, only such sanada may also restrict the right of practise in Criminal Courts inferior to Sessions Court.]

Section 8-A. Right to issue restricted Sanads to non-qualified pleaders practising in Indian States

¹[8-A. Right to issue restricted Sanads to non-qualified pleaders practising in Indian States.- Subject for the provisions of any law for the time being in force, the High Court may issue sanads restricting the right of practice to any specified court or courts in favour of non-qualified (sanadi) pleaders practising in the Indian State in the Schedules to the Administration of the Indian States Order, 1948, and who held temporary sanads or who put in less than 10 years' practice at the date of the merger of the states in which they practised. The right to practise in respect of pleaders with such restricted sanads shall be determined accordingly.]

Section 9. Appearance in civil court by unauthorized person forbidden

9. Appearance in civil court by unauthorized person forbidden.- No person shall appear, plead or act for and party in any civil proceeding in any court unles the is a pleader as defined in the Act and is entitled and duly empowered to appear, plead and act for such party in such proceeding:

Provided that nothing in this section shall apply-

(a) to any party appearing, pleading or acting on his own behalf, or appearing or acting by his recogized agent as defined in rule 2, Order III of the Code of Civil Procedure, 1908 (V of 1908), or

(b) to any advocate of the High Court.

Section 10. Cases in which vakalatnama is required

10. Cases in which vakalatnama is required.- Repealed by Act 22 of 1926, s. 3.

Section 11. Retaining fee

11. Retaining fee.- (1) A party engaging a pleader shall pay him a retaining fee of an amount not less than one rupee.

(2) Where a party fails so to do, the pleader shall demand such fee and shall not perform any services for such party until the fee has been paid.

(3) Every pleader receiving such fee ¹[shall, at the time when such fee is received by him, give] a receipt in writing for the same, specifying the date of receipt.

Section 12. Pleader not to act for party adverse to his client, and not to refuse to act for his client without the permission of the Court

12. Pleader not to act for party adverse to his client, and not to refuse to act for his client without the permission of the Court.- No pleader after accepting a retaining fee shall without the permission of the Court-

(a) appear, plead or act, or agree so to do, on behalf of any other party whose interest in the case is adverse to that of his client, or

(b) refuse or omit to appear, plead or act for his client.

Section 13. Receipt to be given for documents

13. Receipt to be given for documents.- Every pleader receiving a document of any kind from his client shall-

(a) on demand give a receipt in writing for such document at the time when he receives it, and

(b) subject to the provisions of Section 30 return such document if his client requires the same and gives a receipt in writing therefor.

Section 14. Pleaders bound to attend on day fixed for proceedings except in certain cases

14. Pleaders bound to attend on day fixed for proceedings except in certain cases.- (1) A pleader shall be bound to attend in court on any day which, by notice duly given or in accordance with the practice of the court, is fixed for the hearing of a proceeding in which he is employed.

(2) Where a pleader employed in any such proceeding is, from indisposition or any other reasonable cause, unable to attend on such day or at the time when the proceeding is called on, he shall notify the came to the court and thereupon the proceeding shall be stayed for such time as the court may deem reasonable:

Provided that in proceedings in which a party is represented by more than one pleader and one of such pleaders is present, the court may proceed therewith.

(3) In any proceeding in which a pleader ceases, temporarily or permanently, to act for his client, because he has accepted Government service, or has been permitted to withdraw from the proceeding, or has been suspended or dismissed, or has died, or for any other reason, the proceeding shall be stayed for such time as the court may deem reasonable.

Section 15. Pleaders not to give or take commission

15. Pleaders not to give or take commission.- No pleader shall tender, give, retain or consent to retain any gratification for procuring or having procured the employment of himself or of any other pleader in any legal business.

Section 16. Pleaders not to take instructions except from client or authorised agent, or accept employment through a tout

16. Pleaders not to take instructions except from client or authorised agent, or accept employment through a tout.- No pleader shall-

(a) take instructions in any proceeding except from the party on who is behalf he is retained or from some person who is within the meaning of the Code of Civil Procedure, 1908 (V of 1908), the recognised agent of such party, or from some person authorised by such party to give such instruction, or

(b) accept any employment in any legal business through a person who has been proclaimed as a tout.

Section 17. Fee may be settled by private agreement

17. Fee may be settled by private agreement.- Repealed by Act 21 of 1926, s. 6.

Section 18. Computation of taxed fee

18. Computation of taxed fee.- (1) Where costs are awarded to a party is any proceeding, the amount of the pleaders' fee to be taxed in the bill of costs as recoverable by such patty, if represented by a pleader, from has adversary, shall be computed in accordance with the rules in Schedule III unless such fee has been settled under the provisions of section ¹[3 of the Legal Practitioners (Fees) Act, 1926] for a lesser; amount in which care no more than such lesser amount shall be recoverable.

(2) Nothing contained in sub-section (1) of this section or is Section 20 shall apply to fees payable to pleaders in the Court of in ill Causes of Bombay.

Section 19. Amount Payable by client to pleader

19. Amount Payable by client to pleader.- Repealed by Act 21 of 1926, s. 6.

Section 20. When fees of two pleaders may be taxed

20. When fees of two pleaders may be taxed.- (1) Where party has, before the first hearing of a proceeding, engaged more than one pleader, the fees, of two pleaders a may be taxed in the bill of costs in the following cases:-

(a) in any original suit, of which the amount or value of the subject-matter exceeds Rs. ¹[10,000], in any court subordinate to the High Court;

(b) in any contested proceeding under the ²Indian Succession Act, 1865 (X of 1865), the ²Probate and Administration Act, 1881 (V of 1881), or the ³Land Acquisition Act, 1894 (I of 1894) of which the amount or value of the subject-matter exceeds ¹[Rs. 10,000], in any court subordinate to the High Court;

(c) in any appeal to the High Court, from a decree deciding on the merits any suit or any contested proceeding of the kind referred to in clause (a) or clause (b);

(d) in any suit of which the amount or value of the subject-matter ⁴[is Rs. 10,000 or less] where the court certifies by order in writing that the fees of two pleaders may be taxed:

Provided that nothing in this section shall affect suits or appeals by paupers, or suits or appeals governed by the Dekkhan Agriculturists Relief Act, 1879 (Bom. XVII of 1879).

(2) Except in the cases specified in this section, a party employing more than one pleader shall not lie entitled to recover from his adversary move than one set of pleader's fees.

Section 21. Cases where than are several parties having the same interest of putting forward the same ???

21. Cases where than are several parties having the same interest of putting forward the same ???.- Where in any proceeding there are several parties having the same interests or putting forward the same defence they shall not, if awarded costs, be allowed more than one set of pleaders' fees on party and party taxation unless the Court otherwise directs.

Section 22. Taxation, of costs in appeals to High Court

22. Taxation, of costs in appeals to High Court.- In any civil appeal or application to the High Court from the decree or order of a court, subordinate to the High Court, if costs between party and party are awarded by the High Court, such costs shall be taxed by an officer of the High Court and included in the bill of costs attached to the decree or order of that Court in the prescribed manner.

Section 23. Taxation of costs in mofuesil courts

23. Taxation of costs in mofuesil courts.- In any court subordinate to the High Court situate elsewhere than in ¹[the Greater Bombay], the amount of the pleader's fee to be taxed on the bill of costs attached to the decree or order of that Court shall not be in excess of the amount computed in accordance with the rules in Schedule III:

Provided that nothing in this section shall apply to bills of costs framed under the provisions of the ²[Indian Companies Act, 1913 (VII of 1913).

Section 24. Suspension or removal of pleader by High Court on conviction of criminal offence

24. Suspension or removal of pleader by High Court on conviction of criminal offence.- Repealed by Act 25 of 1961, Section 50(4)(b).

Section 25. Punishment of pleader by High Court for improper conduct

25. Punishment of pleader by High Court for improper conduct.- Repealed by Act 25 of 1961, Section 50(4)(b).

Section 26. Powers of District Court or Court of Session in respect of improper conduct of pleader

26. Powers of District Court or Court of Session in respect of improper conduct of pleader.- Repealed by Act 25 of 1961, Section 50(4)(b).

Section 27. Conduct of case in High Court against pleader

27. Conduct of case in High Court against pleader.- Repealed by Act 25 of 1961, Section 50(1)(b).

Section 28. Legal proceedings against pleaders not affected

28. Legal proceedings against pleaders not affected.- Repealed by Act 21 of 1926, s. 6.

Section 29. Recovery of taxed fees

29. Recovery of taxed fees.- A pleader whose bill of cost has been taxed may apply to the Court by which or by whose officer the same has been taxed, for an order against his client for the sum allowed on taxation or such sum as may remain due. The Court may make such order or may refer the pleader to a suit.

Any such order may be executed under order 21 of the Code of Civil Procedure, 1903 (V of 1903), as a decree for money.

Section 30. Lien for ??? fees

30. Lien for ??? fees.- In every matter in which costs are due to a pleader by his client which have been or are capable of being taxed the pleader shall as against his client be entitled to a lien for the amount of such costs, as taxed, upon-

(a) all documents come into his possession in the course of his engagement in collection with such matter, and for which he has given a receipt in accordance with the provisions of Section 13(a) and

(b) all movable property recovered or preserved by his exertions in such matter.

Section 31. Rules

31. Rules.- (1) The High Court may make rules consistent with the provisions of this Act-

(a) prescribing the qualifications and mode of admission of pleaders and the fees payable for admission;

(b) prescribing the fees payable in respect of examinations (if any) held for the office of pleader;

(c) regulating, and providing for the recognition of, bar associations and for granting sanction to the rules of such associations;

(d) requiring that a pleader shall be a member of, and submit to the rules of, a bar association;

(e) requiring that a pleader shall be a member of, and subscribe to, the law library attached to the principal Court in which he practises;

(f) providing for the taxation of costs between party and party;

(g) providing for the allowance and taxation of costs between pleader and client whether in litigious or non-litigious business;

(h) proscribing, in lieu of the forms in Schedule II, the form of sanad to be given to pleaders and the form of vakalatnamas;

(i) prescribing, in lieu of or in addition to the rules in Schedule III, the manner in which the pleader's fee shall be computed, and the amount of the pleader fee, and determining the amount or value of the subject matter in particular classes of cases or in cases generally, for the purpose of calculating the pleader's fee;

(j) prescribing the manner in which costs in appeals or applications to the High Court from decrees or orders of courts subordinate to the High Court shall be taxed, in cases where costs between party and party are awarded by the High Court;

(k) fixing this scale of costs of which may be awarded sub-section (2) of Section 27;

(l) generally, to give effect to such provision is of this Act as may require to be provided for by rules.

(2) Where the High Court prescribes any new forms in lieu of the forms in Schedule IX, or makes any new Rules in lieu of or in addition to the rules in Schedule III, such new forms or rules respectively shall on publication be deemed to be enacted in such Schedule in lieu of or in addition to the forms or rules now therein enacted.

(3) All rules made under this Act shall be published in the ¹[Official Gazette] and shall thereupon have effect as if enacted in this Act.

Section 32. Savings

32. Savings.- Nothing in this Act shall be deemed to limit or otherwise affect the powers conferred upon the High Court by sections 106 and 107 of the Government of India Act, 1915, for by clauses 9 and 10 of the Letters Patent or by any law for the time being in force.

Section 33. Pending cases

33. Pending cases.- Nothing in this Act regarding the appointment, appearance or remuneration of pleaders of the taxation of costs shall apply in respect of any proceedings pending in any court at the commencement of this Act, and all Mich proceedings, until their final disposal by the court in which they are pending shall be governed, in respect of such matters, by the laws and rules in force immediately before the commencement of this Act.

Section 34. Repeal

34. Repeal.- The enactments mentioned in Schedule I are hereby repealed to the extent specified in the third column thereof.