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Sections
Rule 1.
THE ADVOCATES
RULES REGARDING THE CONDITIONS SUBJECT TO WHICH AN ADVOCATE SHALL PRACTICE[1]
PREAMBLE
Notwithstanding
contained in the Rules made by the High Court regarding the conditions subject
to which an Advocate shall practice, the High Court, in exercise of the powers
conferred by section 34(1) of the Advocates Act, 1961, makes the following
Rules which shall come into effect from the 1st of February, 1973 :--
Rule 1.
?
(a)
In these Rules, unless there is anything repugnant in the subject or context,
the word 'Advocate' shall include a firm of Advocates.
(b)
The word 'Court' shall mean the High Court of Judicature at Bombay and
the Courts subordinate thereto.
Rule 2.
(1)
No Advocate shall act for any person in any Court unless he has been
appointed for the purpose by such person by a Vakalatnama in the form annexed
hereto and signed by such person or by his recognised agent or by some other
person duly authorised by or under a Power of Attorney to make such
appointment.
(2)
No Advocate who has been engaged for the purpose of pleading only shall
plead on behalf of any party unless he has filed in Court a memorandum of
appearance signed by himself and stating (a) the names of the parties to the
suit, (b) the name of the party for whom he appears and (c) the name of the
person by whom he is authorised to appear :
Provided that, nothing in sub-rule (2) shall apply to any
Advocate engaged to plead on behalf of any party by another Advocate or
Attorney who has been duly appointed to act in Court on behalf of such party :
Provided that, nothing in this rule shall apply to a
Public Prosecutor or an Advocate who has been requested by the Court to assist
the Court amicus curiae in any case or a proceeding or who has been appointed
at the expense of the State to defend the accused person in a criminal
proceeding :
Provided further that, when any Advocate appears on
behalf of Government or any public servant suing or sued in his official
capacity it shall be sufficient for him to file a memorandum of appearance.
Rule 3.
An Advocate who is not on the roll of Advocates of the
Bar Council of Maharashtra shall not appear or act in any Court, unless he
files a Vakalatnama along with an Advocate who is on the roll of the Bar
Council of Maharashtra and who is ordinarily practising in such Court.
Rule 4.
(a)
In all cases in which a party is represented by more than one Advocate,
all of them may file a joint appointment.
(b)
In such cases where the lawyer engaged is not able to sign the
Vakalatnama in token of his acceptance at the time of filing it, the same may
be signed by another lawyer on his behalf provided that the former acknowledges
and ratifies the acceptance of the Vakalatnama within two weeks from the date
of its being filed in the Court by making an endorsement on the Vakalatnama to
that effect.
Rule 5.
The acceptance of an appointment on behalf of a firm of
Advocates shall be indicated by a partner affixing his own signature as a
partner on behalf of the firm.
Rule 6.
An Advocate at the time of acceptance of his appointment
shall also endorse on it his address, which address shall be regarded as one
for service within the meaning of rule 5 of order 3 of the Code of Civil
Procedure, 1908 :
Provided that, where more Advocates than one accept the
appointment, it shall be sufficient for one of them to endorse his address,
which address shall be regarded as one for service within the meaning of rule 5
of order 3, Civil Procedure Code.
Rule 6-A.
When an Advocate instructed by a party to act or appear
in a matter has not been able to secure a Vakalatnama in the prescribed form
duly signed by the client, he may file a statement signed by him stating that
he has instructions from or on behalf of his client to act or appear in the
matter and also undertaking to file within a week a Vakalatnama in the
prescribed form, duly signed, by the party.
Rule 7.
(1)
An Advocate shall be bound to appear 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 appointed by the party.
(2)
Where an Advocate appointed by a party in any of the proceedings is
prevented by reasonable cause from appearing and conducting the proceedings at
any hearing, he may instruct another Advocate to appear for him at that
hearing.
(3)
Where an Advocate is not able to instruct another Advocate on account of
some sudden or unexpected cause, he may intimate or cause to be intimated-in
writing, to the Court, the cause that prevented him from appearing and conducting
the proceedings and thereupon the hearing of the proceedings may be stayed for
such period not exceeding four days as the court may think proper in order to
enable the Advocate to make necessary arrangements :
Provided that, the hearing of the proceeding may not be
stayed where there is on record another Advocate who not similarly prevented
and who is duly empowered to act, appear or plead on behalf of the party.
(4)
The provisions of sub-rule (3) above shall not apply to Criminal Cases,
Special Civil Applications and matters specially fixed for hearing or expedited
by the order of the Court, in the High Court in its appellate jurisdiction.
(5)
In uncontested suits or matters where consent order is to be obtained an
Advocate may hold a brief of another Advocate provided that the Court at any
time may require the presence of the Advocate to whom the brief really belongs.
Rule 8.
(1)
In Civil Cases, the appointment of an Advocate, shall be deemed to be in
force to the extent provided in that behalf by rule 4 of order 3 of the Code of
Civil Procedure, 1908.
(2)
In Criminal Cases, the appointment of an Advocate, shall be deemed to be
in force until determined with the leave of the Court by writing signed by the
client or the Advocate, as the case may be and filed in Court or until the
client or the Advocate dies, or until all proceedings in the case are ended so
far as regards the client.
(3)
For the purposes of sub-rule (2), a case shall be deemed to mean every
kind of enquiry, trial or proceeding before a Criminal Court whether instituted
on a Police Report or otherwise. The following shall be deemed to be
proceedings in the case :--
(i)
an application for bail or reduction, enhancement or cancellation of
bail in the case;
(ii)
an application for transfer of the case from one Court to another;
(iii) an application for stay of the case pending
disposal of a civil proceeding in respect of the same transaction out of which
the case arises;
(iv)
an application for suspension, postponement or stay of the execution of
the order or sentence passed in the case;
(v)
an application for the return, restoration or restitution of the
property as per the order of disposal of property passed in the case;
(vi)
an application for leave to appeal against an order of acquittal passed
in the case;
(vii) any appeal or application for revision
against any order or sentence passed in the case;
(viii) a reference arising out of the case;
(ix)
an application for review of an order or sentence passed in the case or
in an appeal, reference or revision arising out of the case;
(x)
an application for making concurrent sentences awarded in the case or in
an appeal, reference, revision or review arising out of the case;
(xi)
an application relating to or incidental to or arising in or out of any
appeal, reference, revision or review arising in or out of the case (including
an application for leave to appeal to the Supreme Court);
(xii) any application or act for obtaining copies
of documents or for the return of articles or documents produced or filed in
the case or in any of the proceedings mentioned hereinbefore;
(xiii) any application or act for obtaining the
withdrawal or the refund or payment of or out of the moneys paid or deposited
in the Court in connection with the case or any of the proceedings mentioned
hereinbefore (including moneys paid or deposited for covering the costs of the
preparation, printing and transmission of the transcript record of appeal to
the Supreme Court;
(xiv) any application for the refund of or out of
the moneys paid or recovered as fine or for the return, restitution or restoration
of the property forfeited or confiscated in the case or in any appeal,
reference, revision or review arising out of the case as per final orders
passed in that behalf;
(xv)
any application for expunging remarks or observations on the record of
or made in the judgment in the case or any appeal, reference, revision or
review arising out of the case; and
(xvi) any application or proceeding for sanctioning
prosecution under Chapter XXXV of the Code of Criminal Procedure, 1898, or any
appeal or revision arising from and out of any order passed in such an
application or proceeding :
Provided that, where the venue of the case or the
proceedings is shifted from one Court (subordinate or otherwise) to another,
the Advocate filing a Vakalatnama referred to in sub-rules (1) and (2) above
shall not be bound to appear, act or plead in the latter Court unless he files
a memorandum stating that he has instructions from his client to appear, act
and/or plead in that Court.
(4)
When an Advocate who has filed a Vakalatnama for a party wishes to
withdraw his appearance he shall serve a written notice of his intention to do
so on his client at least seven days in advance of the case coming up for
hearing before the Court. Leave of the Court to withdraw appearance may also be
applied for if the client has instructed the Advocate to that effect. The Advocate
shall file a note in writing requesting the Court for permission to withdraw
appearance and shall also file along with the Note letter of the client
instructing him to withdraw his appearance or a copy of the intimation given to
the client as above together with his written acknowledgement by the client.
The Court if it is satisfied that no inconvenience is likely to be caused to
the Court or the client may permit the Advocate to withdraw his appearance and
while permitting the Advocate to do so may also impose such terms and
conditions as it may deem proper either in public interest or in the interest
of the parties.
(5)
A party who wishes to discharge the Advocate engaged by him may apply to
the Court for an order of discharge by following a similar procedure and the
Court if it is satisfied may pass orders discharging the Advocate shall while
doing so impose such terms and conditions as it may deem proper.
Rule 9.
An Advocate who has advised in connection with the
institution of a suit, appeal or other proceeding or has drawn up pleadings or
has during the progress of any suit, appeal or other proceedings appeared,
acted or pleaded for a party, shall not act, appear or plead in the suit,
appeal or other proceeding or in an appeal or application for revision arising
therefrom or in any matter connected therewith for the opposite party.
Rule 10. (a) The appointment of a firm of Advocates may be accepted by any partner on behalf of the firm.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Rule 11.
No Advocate shall be permitted to file an appointment or
memorandum of appearance in any proceeding in which another Advocate is already
on record for the same party save with the consent of the former Advocate on
record or the leave of the Court, unless the former Advocate has ceased to
practise or has by reason of infirmity of mind or body, or otherwise become
unable to act.
Rule 12.
No Advocate who has been disbarred or suspended or whose
name has been struck off the Roll of Advocates shall be permitted to act as a
recognised agent of any party within the meaning of Order III of the Code of
Civil Procedure, 1908.
Rule 13.
No Advocate who has been found guilty of Contempt of
Court shall appear, act or plead in any Court unless he has purged himself of
contempt.
The Court may in its discretion permit an Advocate who
has found guilty of Contempt of Court to appear, act or plead without purging
himself of Contempt of Court.
Rule 14.
Advocates appearing before the Court shall wear the
following as part of their dress which shall be sober and dignified.
(1)
Advocates other than lady Advocates :
(a)
Black buttoned up coat, achakan or sherwani with Barrister's gown and
bands.
or
(b)
Black open breast coat, transparent collar, stiff or soft, with Barrister's
gown and bands.
(2)
Lady Advocates :
Indian or Western dress of subdued colour or colours with
Barrister's gown and bands.
Rule 15.
The above rules shall be subject to rules made or deemed
to have been made by the High Court under section 34(2)(iii) of the Advocate
Act, determining the persons who shall be entitled respectively to plead and to
act in the High Court in the exercise of its Original Jurisdiction.
VAKALATNAMA
In the Court
of............................................................................
Civil
Suit/Criminal Case
Appeal
Revision/etc...................No..................of 19.....................
Plaintiff/Appellant/Petitioner
Complainant
etc.
Versus
Defendant/Respondent/Opnonent/
Accused etc.
Amount of
Claim in Suit etc.
I,
...................................... inhabitant of the
........................... in the said matter
.......................hereby
appoint.................to appear and act for me as my Advocate/s in the
matter. Witness my hand this Witness :
day of
19..............
Accepted :
Signature of
Advocate/s
Filed in
Court on........................
Signed...........