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Prakash Yedhula (Lawyer)     24 March 2010

Notification regarding appearance of law firms in HC Madras

 

NOTIFICATION NO. 68/2010
        			~~~~~~~~~~~~~~~~~~~~~~~~
        

        	All the advocates are required to strictly adhere with
        Rule 5, 6 and Rule 10 of the  Rules  (1969)  as  given  below,
        framed  under  Section  34(1)  of  the  Advocates  Act,  1961,
        relating to Law Firms,  while  filling  up  vakalats  and  are
        requested  to  make  necessary  changes  in  the name of their
        partnerships.
        
        	Rule 5 :  The  acceptance  of an 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.
        
        	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, 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, Code of Civil
        Procedure, 1908.
        
        .....
        
        Rule 10 : (a) The appointment of  a  firm  or  partnership  of
        advocates  may  be  accepted  by  any partner on behalf of the
        firm.
        
        (b) 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.
        
        (c) 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.
        
        (d) The words "and company" shall not be affixed to  the  name
        of any such partnership or firm.
        
        (e) The names of all the members of the firm shall be recorded
        with the Registrar of 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 or the firm.
        
        (f) the firm 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.
        
        (g) 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.
        
        (h) In every case where a partner of a firm of advocates signs
        any  document  of 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 partners.
        
        (i) Neither the firm of  advocates  nor  any  partner  thereof
        shall  advise  a  party or appear, act or plead on behalf of a
        party in any matter or proceedings where the opposite party is
        represented by any other partner of the firm or  by  the  firm
        itself.
        


Learning

 4 Replies

Swami Sadashiva Brahmendra Sar (Nil)     25 March 2010

Thanks for valuable information!

Though I am an individual Advocate and though in Allahabad High Court there is no system of law firms , I am curious about the procedures relating to formation of and appearance through law firms . I am planning about formation of a Law firm in Allahabad High Court. This message provides  a guide line to me.

girishankar (manager)     25 March 2010

Thank U Sir,

I think Ur one of some genuines in Madras HC...Thank U once more

Varsha Pathak (Independent Lawyer)     01 April 2010

Respected Sir,

 

Thanks for providing us such a valuable information n I am happy to know the new developments in different H.C. of India.

Best Regards.

Varsha Pathak

Advocate

New Delhi 

natarajan nr (freelancer)     13 April 2010

Restoration of application for civil contempt petition which had been dismissed on default of the lawyer. Can I be favoured with a case law? Thanks experts! - ramalingam3j@gmail.com


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