Rules Made under Section
34(1) of the Advocates Act, 1961
(No.
25 of 1961)
Rules made by the High Court under
Section 34 (1)
of the
Advocates Act. 1961
R.O.C. 27/SO/71:- Under the
provision of Section 34 of the Advocates, Act. 1961 (Act No. 25 of 1961) the
following draft rules framed by the High Court of Andhra Pradesh are published for the
information of all the persons interested. It is notified that the said rules
as well as any objections or suggestions relating thereto which may be received
from any person will be considered by
the
High Court on or after
1. In these
rules, unless there is any thing repugnant in the subject or context, the word
advocate shall include a partnership or a firm advocates.
2. Save as otherwise provided for in any law
for the time being in force, no advocate shall be entitled to appear, plead or
act for any person in any court in any proceeding, unless the advocate fiIes an appointment in writing signed and dated by such person or his recognisod
agent or by some other person duly authorised by or under a power of attorney
to make such appointment and signed by the advocate in token of its acceptance
or the advocate files a memorandum of appearance in the form prescribed by the
High Court.
Provided that where an advocate has
already filed an appointment in any proceeding, it shall be sufficient for
another advocate, who is engaged to appear in the proceedings merely for the
purpose of pleading to file a memorandum of appearance.
Provided further that nothing herein contained shall
apply to any advocate who has been requested by the court to assist the court amicus
curie in any case or proceeding or who has been appointed a t the expense
of the Stare to defend an accused person in a criminal proceeding.
Note: - Form No. 12 at page 200 Civil Rules
of Practice, Volume II shall be used
for appointment of an advocate.
3.
Where the same advocate is
retained for the party in two or more connected proceedings, a separate
appointment or memorandum of appearance shall be flied in each of the several
connected proceedings notwithstanding that the same advocate is retained for
the party in all the connected proceedins.
4. An Advocate who is not on the roll of
advocates of the Bar Council of the State in which the court is situate, shall
not appear, act or plead in such court, unless he files an appointment dong
with an advocate who is on the Roll of such State Bar Council and who is
ordinarily practising in such court.
5. In cases in which a party is represented by
more than one advocate, it shall be necessary for all of them to file a joint appointment
or for each of them to file a separate one.
Provided that where an appointment in favour of one advocate has already
been filed, a fresh appointment in favour of all the advocates accepted by all
of them in substitution for the original or a separate appointment for each of
the additional advocates shall be filed.
6. The acceptance ofan appointment on behalf of
a firm or partnership of advocates shall be indicated by a partner affixing his
own signature as a partner on behalf of the firm or partnership of advocates.
7. An advocate at the time of acceptance of this
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 than one advocate accepts
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 of the Code of Civil Procedure.
8. Where an advocate appointed by a party in
any of the proceeding 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, with the leave of the court.
9. (1) In civil cases the appointment of an advocate. Unless othenvise
limited, 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, unless otherwise limited.
shall be deemed to be in force until determined with the leave of the court by writing signed by the party or the
advocate as the case may be and filed in court or until the party or the advocate dies, or until all proceedings in the
case are ended so
far as regards the party.
(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.
Provided that no fresh appointment need be filed
where the case or the proceedings is transferred from court to another and the
advocate who filed the appointment referred to in sub-rule ( 1 ) and (2) in the former court is willing to act in the court to which the case or
the proceedings is transferred.
10.
(1) Except when specially authorised by the court or by consent of the party,
an advocate who has advised in connection with the institution of a suit,
appeal or other proceedings or has drawn up pleadings in connection with such
matter or has during the progress of any suit, appeal or other proceeding appeared,
acted or pleaded for a party, shall not, unless he first gives the parry whom
he has advised or for whom he has drawn up pleadings, appeared, acted or
pleaded, an opportunity of engaging his services, appear, or act or plead in
such suit appeal or other proceeding or in an appeal or application for
revision arising therefrom or in any matter connected therewith for any person
whose interest is in any manner in conflict with that of such party;
Provided
that the consent of the party may be presumed if he engages another advocate to
appear, act or plead for him in such suit, appeal or other proceeding without
offering an engagement to the advocate whose services were originally engaged
by him or on his behalf.
(2)
Where it appears on the face of the record that the appearance of an advocate in any proceeding for any party is prejudicial to the interest
of the other party on account of the reasons mentioned in sub rule (1) above,
the court may refuse to permit the appearance to be filed or cancel such
appearance if it has already been filed after giving the said advocate a n
opportunity of being heard.
(3) An advocate who discloses to any party information confided to him
in his capacity as an advocate by another party without the latter's consent
shall not be protected merely by reason of his being permitted t o appear, act
or plead for the said party.
(4) When a suit or other proceeding is remitted by order of an Appellate
Court for a rehearing or finding on an issue, the proceeding on such order
shall be regarded as a further proceeding in the trial of the suit or
proceeding, and consequently an advocate shall not change sides and accept an
appointment for the party opponent to the one for whom he appeared at the first
hearing.
11. (1)
The appointment of a firm or partnership of
advocates may be accepted by any partner on behalf of the firm.
(2) No such firm or partnership shall be entitled to appear, act or plead
in any court unless all the partners thereof are entitled to appear, act or
plead in such court.
(3) The name of the firm or partnership may contain the names of the
persons who were or are members of the partnership but of no others.
(4) The words 'and company' shall not be affixed to the name of any such
partnership or firm.
(5) The names of all the members of the firm shall be recorded with the
Registrar of the High Court and or the District Judge, as the case may be, and
the State Bar Council, and the names of all the partners shall also be set out
in all professional communications issued by the partners of the firm.
(6) The firrn of advocates shall notify to the Registrar of the High Court
and or the District Judge, as the case may be, and the State Bar council, any change in the composition of the firm or the fact of its
dissolution as soon as may be from the date on which such change occurs or its
dissolution takes place.
(7) Every partner of
the firm of advocates shall be bound to disclose the names of all the partners
of the firm whenever called upon to do so by the Registrar of the High Court,
the District Judge, the State Bar Council, any court or any party for or against whom the firm or any
partner thereof has filed the appointment or memorandum of appearance.
(8) In every case where a partner of a firm of advocates signs any document
or writing on behalf of the firm he shall do so in the name of the partnership
and shall authenticate the same by affixing his own signature as partner.
(9) Neither the firrn of advocates nor any partner thereof shall advise
a party to appear, act or plead on behalf of a party in any matter or
proceeding where the opposite party is represented by any other partner of the
firm or by the firm itself.
12. No
advocate shall be permitted to file an appointment of 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 practice or has by reason
of infirmity of mind or body or otherwise become unable to continue to act.
13.
An advocate may correct any clerical error in any proceedings with the previous
permission of the Registrar or an officer of the court specially empowered in
this behalf by the court obtained on a memorandum stating the correction
desired.
14.
No advocate who has been debarred or suspended or whose name has been struck
off the Roll ofAdvocates shall be permitted to act as a recognised agent of any
party within the meaning of Order 3 of the Code of Civil Procedure, 1908.
15. No advocate who has been found guilty of
contempt of court sha11 be permitted to appear, act or plead in any court
unless he has purged himself of contempt.
16. Advocates appearing before the court shall wear
the following dress:-
( 1) Advocates
other than lady advocates:
(a) Black buttoned up-coat Chapkan. Achakan or Sherwani,
Barrister'sgown or Black Gown prescribed by the University for Degree of Bachelor of Law with bands, or
(b) Black open collar
coat. white shirt, stiff white collar with
Barrister's gown or a Black Gown prescribed by the
University for the
degree of Bachelor of Law and bands.
(2) Lady Advocates:-
Regional dress of subdued colour or colours with Black coat and Barrister's gown, or the Black Gown prescribed by the University for thedegree of Bachelor of Law, stiff white collar and bands.
No comments:
Post a Comment