State · Dadra and Nagar Haveli and Daman and Diu

Section 8 of The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981

Right to appear or act in proceedings transferred to the Bombay High Court.

Any person who, immediately before the appointed day, is an advocate entitled to practise in the Court of the Judicial Commissioner and was authorised to appear or to act in any proceedings transferred from that Court under section 7, shall have the right to appear or to act, as the case may be, in the High Court at Bombay in relation to those proceedings.

Summary

Any person who was an advocate (which means a lawyer) allowed to practice in the Court of the Judicial Commissioner right before the appointed day (the starting date of this Act) is covered.
This person must have been authorized to appear or act in proceedings (which means court cases) transferred from that old court.
The transfer of these pending court cases is done under Section 7 of the Act.
Such a person has the right to appear or act in the High Court at Bombay for those specific transferred cases.

Practical examples

1Ramesh was a registered lawyer representing a client in a property case in the Court of the Judicial Commissioner in September 1982. When the Act came into force on October 30, 1982, and the case was moved to the Bombay High Court, Ramesh was allowed to continue representing his client in the new court.

2Joseph was an advocate who had filed a civil appeal in the old court in early 1982. After the old court was abolished and the appeal transferred, Joseph was permitted to continue acting and appearing in the Bombay High Court for this appeal.

FAQ

1. Who does Section 8 apply to?

It applies to any person who was an advocate (which means a lawyer) entitled to practice in the old Court of the Judicial Commissioner immediately before the appointed day (the starting date of this Act).

2. What specific cases does this section cover?

It covers pending proceedings (which means court cases) that were transferred from the old Court of the Judicial Commissioner to the Bombay High Court under Section 7.

3. Does this section give an advocate the right to start new cases in the Bombay High Court?

No, this section only grants the right to appear or act in relation to the specific proceedings (which means court cases) that were transferred from the old court.

Test yourself

Q1.Which court's advocates (lawyers) are given rights under Section 8?

Q2.Which section of the Act is cross-referenced in Section 8 regarding transferred proceedings?

Q3.When must the advocate (lawyer) have been entitled to practice in the old court to get rights under Section 8?

Q4.What rights does a qualified advocate (lawyer) get under Section 8 regarding transferred cases?

Q5.To which High Court are the proceedings (court cases) transferred under the Act?

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