LEGAL PRACTITIONERS ACT 1846

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LEGAL PRACTITIONERS ACT 1846

In 1846 the Legal Practitioners act enabled all persons of good character and required qualifications, to be pleaders. ... This Act allowed the barristers and attorneys to appear before any of the Courts of the Company. They were entitled to appear and plead before the Court subject to its rules and directions.

The Legal Practitioners Act, 1846:

       The legal practitioners Act 1846 allowed at the people of any nationality or religion to act as leaders. It also allowed attorneys and barristers enrolled in any of Her Majesty's courts in India to plead in the company's  Sardar Adalat.

History of Legal Profession of India:

     The history of the legal profession in India can be track from the establishment of the First British Court in Bombay in the year of 1672 by respective Governor Aungier. The admissions of attorneys were placed in hands of Governor-in-Council and not with the Court. Before the establishment of Mayor’s Courts in 1726 in Madras and Calcutta, there were no legal experts in India.

Mayor's Courts- There was no established legal profession until the establishment of the Mayor's Court. Those who practised law were devoid of legal training and some of the functionaries under the Mayor's courts were dismissed servants of the British East India Company. There were some years which played important roles in setting up the courts in India.

THE LEGAL PRACTITIONERS ACT, 1846

It was the first All-India law concerning the pleaders in the mofussil, made several important innovations, namely:

(1) The office of the pleader in the courts of the Company was thrown open to all persons of whatever nation or religion, provided he was duly certified (in such manner as directed by the Sadar Courts) to be of good character and duly qualified for the office.Thus, religious test was abolished for enrolment as a Pleader.

(2) Every Barrister enrolled in any of Her Majesty's Courts in India was made eligible to plead in the Sadar Adalats subject to the rules of those Courts applicable to pleaders as regards language or any other matter.

(3) Vakils were allowed freedom to enter into agreement with their clients for their fees for professional services .This Act is regarded as the "first charter of the legal profession" although it left unsolved the important question of the right of Vakils to practice in the Supreme Courts.

References https://www.lawctopus.com