AIR 1917 MADRAS 49 ::(1916) 31 Mad LJ(134) 698 ::1916 (31) Mad LJ 698 ::1916 Mad WN 529

Madras High Court

Hon'ble Judge(s): Coutts-trotter , J

(A) Madras High Court Original Side Rules (1902) , R.533— Rule 533 is not ultra vires of Letters Patent and is binding on legal practitioners- Letters Patent (1866) , S.9, S.10, S.37, S.44— (Madras) Rule 533, Original Side Rules of the Madras High Court, 1902, which gives the right of audience to vakils and withholds it from the attorneys on the Original Side of the High Court is not ultra virea of the Lettsrs Patent of 1866, and is binding on practitioners: (B) Legal Practitioners Act (18 of 1879) , S.27, S.4 Proviso— Construction of-Does not contain legislative prohibition regarding audience to vakils. The proviso to S. 4, Legal Practitioners Act, (18 of 1879) cannot be construed as a varistion by the Indian Legislature, under C1.44 the Lettete Patent, of the rule giving to vakils the rights of audience on the original Side, or as, by implication, preventing a vakil from appearing on the Original Side. The words in the proviso 'under this section' govern the whole section. Nor can such a prohibition be inferred from the absence in S. 27 of any reference to the fees payable to vakila appearing on the Original Side. Act 18 of 1879, which was passed after the privilege of audience on the Original Side had been enjo....