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Report No. 75

III. History

7. History-Act of 1879.-

So much as regards the present law. Before the passing of the Advocates Act, 1961, the law on the subject was to be found principally in two enactments. The Legal Practitioners Act, 1879 empowered a High Court1 to make rules governing the admission and discipline of pleaders who practised in the courts subordinate to it and before revenue officers and tribunals within its territorial jurisdiction.

Under that Act, the High Court could suspend or dismiss a pleader for taking instructions from a party, or the servant, friend or relative of a party who had not retained him, or for attempting to secure employment through a tout or other person remunerated for the service, or for offering part of his fee as a reward for having procured employment, or for fraudulent or grossly improper professional conduct,2 or on conviction of a criminal offence implying such a defect of character as to render him unfit for pleadership.3

The inquiry could be initiated by the subordinate court4 in relation to whose proceedings misconduct was alleged to have been committed, and the district court or the Collector could suspend the pleader during his investigation, but the final order was to be passed by the High Court.

1. Sections 6 and 7, Legal Practitioners Act, 1879 (81 of 1879).

2. Section 13, Legal Practitioners Act, 1879.

3. Section 12, Legal Practitioners Act, 1879.

4. Section 14, Legal Practitioners Act, 1879.

Disciplinary Jurisdiction under the Advocates Act, 1961 Back

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