LEGAL PRACTITIONERS
(FEES) ACT, 1988 (1931 A.D.)
(Act No. VII of Samvat 1988)
LEGAL PRACTITIONERS (FEES) ACT, SVT 1988 395
THE LEGAL PRACTITIONERS (FEES) ACT, 1988
(1931 A. D.)
(Act No. VII of Samvat 1988 )
CONTENTS
Preamble.
Section Section.
1. Short title, extent and com- 4. Right of legal practitioner
mencement. to sue for fees.
2. Interpretation. Libility of legal practitioner
to be sued.
3. Agreement for engagement
of legal practitioners 6. Repeal.
–––––
LEGAL PRACTITIONERS (FEES) ACT, SVT 1988 397
THE LEGAL PRACTITIONERS (FEES) ACT, 1988
(1931 A. D.)
(Act No. VII of Samvat 1988 )
[Sanctioned by His Highness the Maharaja Bahadur vide
Notification No. 8-L/88, dated 15th, 1931/1st Har, 1988 and
published in Government Gazette dated 18th Har, 1988.]
An Act to define in certain cases the right of legal practitioners to
sue for their fees and their liabilities to be sued in respect of negligence
in the discharge of their professional duties.
Whereas it is expedient to define in certain cases the rights of
legal practitioners to sue for their fees and their liabilities to be sued in
respect of negligence in the discharge of their professional duties ; it is
hereby enacted as follows :—
1. Short title, extent and commencement.—(1) This Act may
be called the Legal Practitioners (Fees) Act, 1988.
(2) It extends to the whole of Jammu and Kashmir State.
(3) It shall come into force on such date as 1[the Government]
may, by notification in the Jammu and Kashmir Government Gazette,
appoint.
2. Interpretation.—For the purpose of this Act, unless there is
anything repugnant in the appoint,––
(a) “legal practitioner” means a legal practitioner as define in
section 3 of the legal Practitioners Act, 1977 ; and
(b) a legal practitioner shall not be deemed to “act” if he only
pleads, or to “agree to act” if he agrees only to plead.
3. Agreement of engagement of legal practitioner.—Any legal
practitioner, who acts or agrees to act for any person may by private
1. Substituted for “His Highness the Maharaja Baharadur” by Act X of Samvat 1996.
398 LEGAL PRACTITIONERS (FEES) ACT, SVT 1988
agreement settle with such person the terms of his engagement and the
fee to be paid for his professional service.
4. Right of legal practitioner to sue for fees.—Any such legal
practitioner shall be entitled to institute and maintain legal proceedings
for the recovery of any fee due to him under the agreement or, if no
such fee has been settled, a fee computed in accordance with the law
for the time being in force in regard to the computation of the costs to
be awarded to a party in respect of the fee of his legal practitioner.
5. Liabil ity of legal practi tioner to be sued .—No legal
practitioner who has acted or agreed to act shall, by reason only of
being a legal practitioner, be exempt from liability to be sued in respect
of any loss or injury due to any negligence in the conduct of his
professional duties.
6. Repeal.—Sections 28 to 31 of the Legal Practitioners Act, 1977
are hereby repealed.
–––––––