. And it is hereby enacted, that the Office of Pleader in the Court of the East India Company shall be open to all persons of whatever nation or religion, provided that no person shall be admitted a Pleader in any those Courts unless he have obtained a Certificate in such manner as shall be directed by the Sudder Courts that he is of good character and duly qualified for the Office, any Law or Regulation to the contrary notwithstanding.
East India India Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more Company Law Law νόμος: Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it.
ACT No I OF 1846
(Rep., Act Act Greek πράξη 48 of 1952)
[7th January, 1846.]
Passed by the Hon’ble the President of the Council of India in Council on the 7th January 1846, with the assent of the Right Hon’ble the Governor General of India.
AN Act for amending the Law regarding the appointment and remuneration of Pleaders in the Courts of the East India Company.
I. It is hereby enacted, that Section 15, Regulation XXIII. 1814, Clause Seventh, Section 2, Clause Eleventh, Section 3, Clause Fourth, Section 8, Regulation XXVI. 1814, Clause Third, Section 3, Section 7, Clause First, Section 15, Sections 23, 24, 28, 29, 32, 33, 34, 35, Clause First, Section 39, Regulation XXVII. 1814, Clause Second, Section 10, Regulation XXVIII. 1814, Section 9, Regulation XIX. 1817, Section 6, Regulation XI. 1826, Section 30, Regulation V. 1831, Section 7, Regulation IX. 1831, Section 11, Regulation VII. 1832, Regulation XII. 1833 of the Bengal West Bengal Bengal derived its name from Vedic king Vanga (Son of Vali). Banga was part of the Magadha Kingdom of Jarasandha and later Nanda dynasty. After the Garuda Dynasty ( history lost) the region was named Gouda Bhumi. Districts North 24 Parganas South 24 Parganas Bankura Birbhum CoochBihar Dakshin Dinajpur Darjeeling Hooghly Howrah Jalpaiguri Jhargram Kalimpong Kolkata Malda Murshidabad Nadia Paschim Burdwan Purba Burdwan Paschim Medinipur Purba Medinipur Purulia Uttar Dinajpur Alipurduar Govt Site Calcutta High Court KMC Code, and Act No. XIII. of 1832, be repealed.
II. And it is hereby enacted, that Clause Second and Third, Section 4, Regulation VI. 1816, Section 7, Clause First, Section 15, Section 23, 24, 28, 29, 32, 33, 34, 35, Regulation XIV. 1816, Clause Seventh, Section 4, Clause Eleventh, Section 5, Clause Fourth, Section 8, Regulation XV. 1816, Clause Third, Section 6, Regulation I, 1827, Clause Third Section 6, Regulation VII. 1827, Section 5, Regulation VI. 1828, Section 4, Regulation IV. 1832 of the Madras Code, be repealed.
III. And it is hereby enacted, that Clause Third, Section 47, Clause Second, Section 48, Section 55, Regulation II. 1827 of the Bombay Code and so much of Clause First, Section 7, Regulation XXIX. 1827 of the same Code, as empowers the Zillah Judges of the Deccan and Kandeish to examine Pleader and grant Certificates of qualification to practice in the Courts, be repealed.
IV. And it is hereby enacted, that the Office Office Αξίωμα > Officer > Office-bearer (1593) > Opus, officium, ex officio (Latin). Box-office (Cash Box). of Pleader in the Court of the East India Company shall be open to all persons of whatever nation Nation A collective consciousness, founded in ancient origin within a geographic area, with definite history and heritage, culture and way of life, language and literature, food and clothing, coupled with a deep understanding of war and peace is to be known as a nation. Rasra is the Vedic word for it. or religion Religion ‘The word ‘Religion’ -Re Legion- A group or Collection or a brigade, is a social-cultural construction and Substantially doesn’t exist. Catholic religion is different from Protestant religion. It is not Dharma. , provided that no person shall be admitted a Pleader in any those Courts unless he have obtained a Certificate in such manner as shall be directed by the Sudder Courts that he is of good character and duly qualified for the Office, any Law or Regulation to the contrary notwithstanding.
V. Provided nevertheless, and it is hereby enacted, that every Barrister Barristers They are specialist legal advisers and courtroom advocates. They are trained to advise clients on the strengths and weaknesses of their case. They have specialist knowledge and experience in and out of court. Practising barristers must hold a practising certificate issued by us. Barristers’ Register is an online database which displays details of all barristers who have a current practising certificate. read more about BSB. The Inns of Court or “Inns” are professional membership associations for barristers in England and Wales. The Bar Council is the representative body for barristers. of any of Her Majesty’s Courts of Justice Justice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία) in India, shall be entitled as such to plead in any of the Sudder Courts of the East India Company, subject however to all the Rules in force in the said Sudder Courts applicable to Pleaders whether relating to the language in which the Court is to be addressed or to any other matter.
VI. And it is hereby enacted, that Section 25, Regulation XXV. 1814 , of the Bengal Code, Section 25, Regulation XIV. 1816, of the Madras Code, and Section 52, Regulation II. 1827, of the Bombay Code, shall cease to be enforced, excepting for the purpose Specified in Section VII. of this Act.
VII. And it is hereby enacted, that parties employing authorized Pleaders in the said Courts shall be at liberty to settle with them by private agreement Contract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. the remuneration to be paid for their professional services and that it shall not be necessary to specify such agreement in the Vakalutnama; provided that when costs Costs Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. are awarded to a party in any regular Suit, original or appeal, decided on the merits Merits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. , against another party, the amount to be paid on account of fees of Pleaders, shall be calculated according to the Rules contained in the Sections of Regulations specified in Section VI. Of this Act; and that when costs are awarded in other cases the amount to said on account of such fess shall be one-fourth of what it would have been in a regular Suit decided on its merits.
VIII. And it is hereby enacted, that private agreements between parties and their Pleaders respecting the remuneration to be paid for professional services shall not be enforced otherwise than by a regular Suit.
IX. And it is hereby enacted, that so much of Section 20, Regulation XVII. 1814, of the Bengal Code, and of Section 20, Regulation XIV. 1816 of the Madras Code, as prescribes the rate of fess to be received by authorized Pleaders for legal opinion Opinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. , be repealed ; and that persons taking such opinions from shall authorized Pleaders shall be at liberty to settle with them by private agreement the remuneration to be paid for such opinions.
X. And it is hereby enacted, that whenever a Pleader has rendered himself liable to a fine in the Courts of a Principal Sudder Ameen or Sudder Ameen, it shall be competent to such Principal Sudder Ameen or Sudder Ameen to impose such fine; provided that an appeal from all orders imposing such fine shall lie to the Zillah or City Judge, whose decision thereon shall be final.
XI. And it is hereby enacted, that the Rules applicable to Pleaders the Courts of the Zillah and City Judges, shall henceforth, be applicable far as they are capable of application, to Pleaders in the Moonsiffs’ Courts.
XII. And it is hereby enacted, that whenever a Pleader has conducted himself in such a manner in the Court of a Moonsiff as would have rendered him liable to a fine if he had so conducted himself in the Court of a Zillah or City Judge, it shall be competent to such Moonsiff to impose such fine;
provided that an appeal from all orders imposing such fines shall lie to the Zillah or City Judge, whose decision thereon shall be final.
XIII. And it is hereby enacted, that nothing in this Act contained shall apply to Vakeels who may be employed in the Courts of the Villages Moonsiffs, or before the Village or District Punchayets, or before the Collectors of Zillah, under the Provisions of Regulations IV., V., VII. and XII. 1816 of the Madras Code.
