CiteTEXT
...not be out of place for us to refer to some English decisions and to the relevant provisions in the Legal Practitioners Act, 1879 and the Legal Practitioners (Fees) Act, 1926 regarding th...liable to replace the money as a constructive trustee.22. In India, the matter is governed by the Legal Practitioners (Fees) Act, 1926. In the Legal Practitioners ...:“An Act 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...
...the High. Court of Bombay.2. The Indian Bar Councils Act, 1926 (Central Act 38 of 1926) and the Legal Practitioners Act, 1879 (Central Act 18 of ...(Central Act 3 of 1951) the Cochin Vakils' Act, 6 of 1095 has ceased to be operative from the date on which the whole of the Legal Practitioners Act, 1879 (Central Act 1..., Cochin Vakils' Act, 6 of 1095, will complicate the issue.4. We have, however, come to the conclusion that by virtue of S. 6, Part B States (Laws) Act, 1951...
...Court of Bombay.
2. The Indian Bar Councils Act, 1926 (Central Act XXXVIII of 1926) and the Legal Practitioners' Act, 1879 (Central Act XVIII o..., 1951 (Central Act III of 1951) the Cochin Vakils' Act, VI of 1095, has ceased to be operative from the date on which the whole of the Legal Practitioner's Act, 1879 (Central Act XVIII of 1879...those decisions the petitioner's prayer has to be allowed.
3. The only doubt that we had was whether Section 8 of the Cochin Vakils' Act, VI of 1095, will...
...Original Side scale but according to the rules of the City Civil Court under s. 4 of the Legal Practitioners (Fees) Act, 1926. The principal question raised in this appeal is...according to the rules of the City Civil Court under s. 4 of the Legal Practitioners (Fees) Act, 1926 and the question arises in these circumstances:In...was further prayed that the remuneration of the respondent-firm should be taxed according to the rules of the City Civil Court under s. 4 of the Legal Practitioners (Fees) Act, 1926 and...
...1. The question before me turns on the construction of Section 4 of the Legal Practitioners' (Pees) Act 21 of 1926. That section provides that where there has...entitled only to a reasonable remuneration. Before the Act of 1926 came into force it was open to a legal practitioner, in the absence of any agreement, to sue for reasonable remuneration. It has been...been no agreement between the legal practitioner and his client the legal practitioner may sue for a fee computed in accordance with the law for the time being in force in regard to the computation of...
...himself liable to the disciplinary jurisdiction of this Court.”15. Mr G argued that even if this was once the law, Section 3 of the Legal Practitioners (Fees) Act, 1926, ...XXI of 1926) changed it and that now every legal practitioner is competent to settle the terms of his engagement and his fees by private agreement with his client. This, Mr G said..., entitles him to enter into any agreement which the law permits in the case of ordinary persons. Legal practitioners, according to him, are now governed by the law of contract and not by rules imported...
..., the case must be governed by the second portion of section 4 of the Legal Practitioners (Fees) Act (XXI of 1926), which...was no specific contract between the legal practitioner and his client. The taxable fee in the case was Rs. 516. The applicant had engaged three legal practitioners to appear and work for him. The...already received a sum of Rs. 100.It is contended by the learned counsel for the applicant that there being three legal practitioners in the case, the plaintiff become entitled to only...
...the solicitors, which fact can only be investigated and found in a suit and not in an application. His last submission is that the Legal Practitioners' Fees Act, 1926 governs...discuss presently the effect of the Legal Practitioners' Fees Act, 1926, because Mr. Khaitan realising the grip of R. 74 wanted to get out of it by pleading that Statute...agreement.40. This argument suffers from many obvious defects. Its primary defect is that it completely misunderstands the object of the Legal Practitioners Fees Act (Act 21) of ...
...the first instance; and those are to be found in the Legal Practitioners (Fees) Act, 1926. Section 2(a) provides that the expression “legal practitioner” shall have the same...1933 All 417 (FB) (A), a Full Bench of the Allahabad High Court took the view that the Legal Practitioners (Fees) Act of 1926 draws a distinction between fees for acting...provisions of the Legal Practitioners (Fees) Act, 1926, cannot apply to services so rendered by an advocate because that ...
...of the Legal Practitioners' Fees Act of 1926, that a legal practitioner (which includes an attorney) may enter into a special agreement as to the terms of his remuneration. But there is no...incurred before the Pleaders Act of 1920 came into operation, but in my view that Act has no effect on the present question. The Act provides in s. 17 which has been replaced by s. 3...
...Y.V Chandrachud, J.— A question of practical importance concerning the dying profession of Solicitors arises in this appeal by special leave. The question is whether the bill of costs of a Solicitor or an Attorney who has rendered professional services to his client in the City Civil Court can be taxed by the Taxing Master, Original Side, Bombay High Court, and if so, whether it can be taxed on the original side scale. The dual system which was presrigiously in vogue in Bombay since the inception of the Bombay High Court has been abolished with effect from January 1, 1977 and therefore the question is not of growing importance. All the same, though the question will by and by cease to have the importance which it has today, we are informed at the Bar that quite a few cases are kept pending in Bombay to await the decision of this appeal.2. Certain properties belonging to appellants were attached by the City Civil Court, Bombay, in execution of a decree passed by a Court in Bellary. The appellants appeared in the execution proceedings through a firm of Solicitors, M/s Raghavayya Nagindas & Co., respondents herein, who by the vakalatnama executed in their favour by the appellants, agreed to act, appear and plead for them in the City Civil Court. The respondents took out three Chamber Summonses on behalf of the appellants for raising the attachment, which was eventually raised in about 1960. Thereafter, they submitte...
...found in a suit and not in an application. His last submission is that the Legal Practitioners' Fees Act, 1926, governs the solicitors and that Statute by giving the right to...will discuss presently the effect of the Legal Practitioners' Fees Act, 1926, because Mr. Khaitan realising the grip of Rule 74 wanted to get out of it by pleading that...Practitioners' Fees Act (Act XXI) of 1926. That Act is, its preamble shows, only “an Act to define in certain cases the rights of legal practitioners ...
...-50 is being made under section 11 of the Mysore Legal Practitioners Act, III of 1884, against the two petitioners who are advocates of this court practising in Tumkur and Bangalore respectively....force on such date as the Central Government may by notification in the Official Gazette direct. Both the Legal Practitioners Act, VIII of 1879, and the Indian Bar Councils Act, XXXVIII of ...the Legal Practitioners Act...
...legislature, called the Legal Practitioners (fees) act xxi of 1926, not only allows a legal practitioner to settle, by a private agreement with his client, the terms of his engagement and the fee to be...in the certificate, upon which the charge of misconduct is founded, was due to the belief that, as the new law enacted by the Legal Practitioners (Fees) Act of 1926 had.... 140. Now a new Act has come into force from 1926 and according to it a Vakil is entitled to get his legal fee and he can realize his money by filing a suit after the case is over. My clients are...
...M. Veerappa v. Evelyn Sequeira, AIR 1988 SC 506, where after noticing the preamble to the Legal Practitioners Fee Act, 1926 and the p...2 to 5 thereof, as also the definition of "Legal practitioner" under the Legal Practitioners Act, 1879, the Court observed : --
"A reading of these sections would go to show...that any legal practitioner who acts or agrees to act for any person may settle with the said person the terms of his engagement and the fee to be paid for his professional services; that the legal...
...Practitioners (Fees) Act, 21 of 1926, not only allows a legal practitioner to settle, by a private agreement with his client, the terms of his engagement and the fee to be paid to...the belief that, as the new law enacted by the Legal Practitioners (Fees) Act of 1926 had imposed upon his clients the obligation of paying the fee due on the promissory-note..., paid me Rs. 140. Now a new Act has come into force from 1926 and according to it a vakil is entitled to get his legal fee and he can realize his money by filing a suit after the case is over. My...
...), Legal Practitioners Amended Act (Act 15 of 1926), if the District Magistrate sends the names of persons suspected to be touts to a Subordinate Court and that Court holds an enquiry and reports ...Section 36, Legal Practitioners Act, framed and published by him. A preliminary objection is taken that no revision lies. We think that this...Section 15, High Courts Act, 1871 and Section 107, Government of India Act. We may point out that although this objection was not raised, another Bench also did entertain the application in...
...he is accused of any charge. But the explanation added to section 36 by the Legal Practitioners Amendment Act (Act No. XV of, 1926) provides that the passing of a...favour of the resolution and 14 against it. The rest obviously remained neutral.Ordinarily a mere resolution of an Association of this kind cannot be legal evidence against a person when...resolution declaring any person to be or not to be a tout by a majority of the members present at a meeting, specially convened for the purpose, of an association of persons entitled to practise as legal...
..., Legal Practitioners Act 1879
14 Report of the All-India Bar Committee (1953) 15
15 Ibid
...respect of enrolment. Thus, the 1926 Act empowered the Bar Councils to prescribe fees in respect of enrolment. However, the 1926 Act did not substantially fulfil the demands of the Indian legal ...class of legal practitioners known as advocates;
(iii) prescription of a uniform qualification for the admission of persons to be advocates;
(iv) division of advocates ...
...all the labour that was expected of him. He cannot therefore claim the fees according to the rate prescribed in the Legal Practitioners Fees Act of 1926.
10...that where the fee is not settled with the client under sec. 4 of the Legal Practitioners Fees Act, then under sec. 4, the pleader is entitled only to such fees as would come...client there is no agreement having the force of a contract anp consequently the fee is payable at the legal scale under sec 4 of the Legal Practilioners Fees Act.
11. These...