Advocates Rules Regarding the Conditions Subject to which an Advocate shall Practice 8

धारा 8 · Section 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 judgement 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.

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