m.karthikeyan (Advocate) 14 October 2019

INTERPRETATION OF A PROVISION FROM MADRAS HIGH COURT APPELLATE SIDE RULES

" O. 3 R. 1.- Attorneys of the Court may appear, plead and act in all matters of appellate jurisdiction, civil or criminal, except that they shall not be entitled to appear and plead in appeals from the ordinary original civil jurisdiction of the
Court. "

The said provision is from Madras High court appellate side rule
s...
what does the provision really says..
what I understood is, attorneys who are appearing in all matters when the high court exercises appellate jurisdiction is not entitled to appear in high court when it exercises original jurisdiction.

Is that a correct meaning of that provision?

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9 Replies

Real Soul.... (LEGAL) 14 October 2019

Well understood...

1 Like

P. Venu (Advocate) 14 October 2019

The key to understanding the Rule is in understanding the import of "Ordinary Civil Jurisdiction of the Madras High Court"

m.karthikeyan (Advocate) 15 October 2019

The Appellate side rules of the High court uses the words ADVOCATE and ATTORNEY. Is there any difference in their meaning

m.karthikeyan (Advocate) 15 October 2019

I have referred Bombay High court to check whether similar is present in there too. I have found a below RULE 4 IN PART 3 of Bombay High court rules,

4. Advocate who is Attorney not to practise as Advocate on Original Side. —
An Advocate shall not be entitled to practice as an Advocate on the Original Side if
he is also enrolled as an Attorney; but, save as aforesaid, he shall have all the rights
and privileges of an Advocate. He may, however, after getting his name removed
from the Roll of Attorneys, practice as an Advocate on the Original Side

m.karthikeyan (Advocate) 15 October 2019

here also I confused with the usage of words advocate and attorney. There is also no seperate definition for those 2 words in the Bombay High court rules..If anyone could clear this, It would be really helpful

P. Venu (Advocate) 16 October 2019

First of all, could you discern the difference between 'original' side and 'appellate' side?

m.karthikeyan (Advocate) 26 October 2019

original jurisdiction is exercised by the court when case is filed for the first time.
Appellate jurisdiction is exercised by the court reverse the sentence or enhance the sentence, or against conviction or acquittal from judgement of lower court