Section 9 of The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968
Any person who immediately before the appointed day is an advocate entitled to practise in the High Court at Patna or the High Court of Judicature at Allahabad and was authorised to appear in any proceedings transferred under section 7 or section 8 shall have the right to appear in the High Court to which the proceedings have been transferred, in relation to those proceedings.
Summary
- A lawyer who was already authorized to appear in a case that got transferred has the right to keep representing their client.
- This right applies to any legal proceeding moved from Patna to Allahabad under the rules of the Act.
- This right also applies to any legal proceeding moved from Allahabad to Patna under the rules of the Act.
- The lawyer must have been entitled to practice in their original High Court immediately before the official boundary change date.
- The lawyer can appear in the new High Court specifically for those transferred proceedings without needing a separate general license for that court.
Practical examples
FAQ
1. Does a lawyer lose their client if a case moves to a different state under the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968?
No, Section 9 ensures that the advocate has the right to appear in the High Court where the case was moved.
2. Does an advocate need to register again to finish a case moved under Section 7 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968?
No, Section 9 gives them the specific right to appear in the new court for that transferred proceeding.
3. Which sections of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 does Section 9 cross-reference?
Section 9 cross-references Section 7 and Section 8, which deal with the transfer of proceedings between the Patna and Allahabad High Courts.
4. Who has the right to appear in a transferred proceeding under Section 9 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968?
Any person who was an advocate entitled to practice in the original High Court and was already authorized for that case.
Test yourself
Q1.Under Section 9 of The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, what right is granted to an advocate if their case is transferred?
Q2.Section 9 of The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, applies to proceedings transferred under which other sections?
Q3.To qualify under Section 9 of The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, when must the advocate have been entitled to practice in the original court?
Q4.If a proceeding is transferred from the High Court at Patna to the High Court at Allahabad under Section 8, what does Section 9 of The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, allow the original advocate to do?