# CONDUCT OF PERSONAL CASES BY LEGAL PRACTITIONERS

- **Citation:** C.L. No. 76/VIIf-249/Admn
- **Court:** Allahabad High Court
- **Decided:** 1990-07-28
- **Case number:** C.L. No. 76/VIIf-249/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/conduct-of-personal-cases-by-legal-practitioners-163986
- **Pages:** 5

## Text

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4.
CONDUCT OF PERSONAL CASES BY LEGAL PRACTITIONERS
G.L. No. 2599/45 dated 6th May, 1927

When a Lawyer appears in a case in which he has any personal interest, he must
not attend court in robes to argue the case. His position in such a case is that of any other
member of the public. He may draft plaints, written statements, affidavits applications
and other legal documents on his own behalf, but they must be signed as coming from a
litigant ―in person‖, and not as coming from a legal practitioner. In the event of his
success in any action, he cannot recover from the opposite party any costs other than and
beyond those awarded to a litigant member of the public who has conducted his own
case.
5.
ADVOCATE
WELFARE
FUND
(AMENDMENT)
ACT,
1988-
IMPLEMENTATION
(i)
Implementation of the provisions of the U.P. Advocates welfare Fund
(Amendment) Act, 1988
C.L. No. 76/VIIf-249/Admn. (G) dated: July 28, 1990
I am directed to send herewith a copy of Government letter No. 48/VII-Ka-Ni302/75, dated February 28, 1990, on the above subject, and to say that the contents of the
said letter may kindly be brought to the notice of all concerned for compliance.
(ii)
Affixation of Advocate Welfare Stamp on Vakalatnama
C.L. No. 1/VIIf Dated: January 8, 1999
Uttar Pradesh Advocates Welfare Fund (Amendment) (Second) Ordinance 1998
(U.P. Ordinance No.14 of 1998) has been promulgated vide notification No. 1880 (2)
XVII-V-1-2 (KA) 20-1998 dated 15.10.1998. The provisions of the aforesaid Ordinance
521
have also come into force from 3.12.1998 vide Notification No.1053/VII-Nyay-7-127/90
dated 31.10.1998.

By virtue of amendment in Section 2 of Uttar Pradesh Advocates Welfare Fund
Act, 1974 every Advocate is now required to affix on every Vakalatnama accepted by
him a Welfare Stamp of the Value of Rs.5/- and no Court, Tribunal, Authority or person
shall receive any Vakalatnama in favour of such Advocate unless it is so stamped in
addition to any stamp required under any other law for the time being in force. Further,
the deficiency of Welfare Stamp in the Vakalatnama already filed in the pending cases
shall also be made good.

I am desired to inform you that the provisions of the Ordinance should be strictly
followed and the Vakalatnama unless bears the Welfare Stamp of Rs.5/- should not be
accepted.
(iii)
Affixation of new Advocates Welfare Stamp on Vakalatnama from 1.5.2001.
C.L. No. 16/VIIf-249 Dated: 30.04.2001

I am directed to send herewith a copy of Government letter No. 611/VII-Nyay-72001, dated April 20, 2001 along with specimen copy of the new stamp of Advocates
Welfare Stamp and to inform you that the Govt. have issued new Advocates Welfare
Stamp which is to be used from 1.5.2001 by the Advocates on every Vakalatnama
accepted by them.

I am, therefore, further directed to request you that the Government order
aforesaid, be strictly followed and Vakalatnama bearing only the new advocates Welfare
Stamp should be accepted.
(iv)
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(v)
To ensure strict compliance of the provisions as contained in Section 12 of
the U.P. Advocates Welfare fund (Amendment) Act, 1999 (U.P. Act No. 3 of
1999)
C.L. No. 43/VIIf-249, Dated: 10th December, 2002
In continuation of the Court's C.L. No. 1/VIIf-249, dated 8.1.1999, I am directed
to say that as per the provisions contained in Section 12 of the U.P. Advocates Welfare
Fund (Amendment) Act, 1999 (U.P. Act No. 3 of 1999) where an Advocate has filed Act
Vakalatnama in a case before commencement of this Act and continues to appear, act or
plead in that case in pursuance of such Vakalatnama, after such commencement he shall
file a welfare Stamp through an application on or before the first date of hearing of that
case.

In this regard, I am further directed to say that the Advocates Welfare Stamp may
be supplied on watermark paper, which would not require any court fee.
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You are, therefore, requested to kindly bring the contents of this circular letter to
the notice of all the concerned in your Judgeship for strict compliance of the aforesaid
statutory provision.
 (vi)
Order Dated 17.01.2003 of Hon'ble Court passed in Criminal Contempt No.
25 of 1999- In Re Sri Shitla Prasad Mishra and 22 other Advocates of Civil
Court, Allahabad.
C.L. No. 7/2003 Dated: 28th February, 2003

In Criminal Contempt No. 25 of 1999- In Re Sri Shitla Prasad Mishra & 22 other
Advocates of Civil Court, Allahabad, the Hon'ble Court has observed with concern that
a large number of incidents are coming to the notice of the Court about hooliganism of
the lawyers of the district courts in the State and the times has now come to take strong
action in the matter and to put down this hooliganism. The Hon'ble Court, is therefore,
of the view that this kind of hooliganism will not be tolerated by this Court and whoever
indulges in such activities shall be given harsh punishment.
The Hon'ble Court has further observed that if the lawyers have any grievance
against any particular Judge of the district court, it is always open to them to approach
the District Judge or the Administrative Judge of the respective district and if they have
any grievance against the District Judge, they can approach the Administrative Judge or
Hon'ble the Chief Justice, but it is not open to them to take law into their own hands and
misbehave with the Judge and indulge in hooliganism. The Court will not tolerate
infringement of its authority by lawyers who misbehave with the Judges or interfere with
the judicial process.

 I am, therefore, directed by the Court to send a copy of the judgment passed by this
Court in Criminal contempt No. 25/99 for your information and necessary action.
[For Judgement see 2003 All.L.J. 1592(F.B.)]
(vii) Affixation of Advocates Welfare Stamp of Rs.10/- on each Vakalatnama by
the Advocates
C.L. No. 42/VIIf-249, Dated: 12th December, 2003
Under the Gazette Notification No. 853 (2) /VII-V-1-2(KA)-17-2003, Dated July
11, 2003, the Govt. of Uttar Pradesh has made some amendments in Section 9 of Uttar
Pradesh Advocates Welfare Fund Act, 1974 with effect from 11.07.2003.
Now, by virtue of the ordinance (Uttar Pradesh Welfare Fund (Amendment)
Ordinance, 2003) every Advocates is required to affix on every Vakalatnama a Welfare
Stamp of Rs. 10/- in place of Rs. 5/- and where in any case the Welfare Stamp referred to
in sub-section (1) of the aforesaid Ordinance is not affixed on the Vakalatnama or is not
filed by any Advocate the Court shall not permit such Advocate for further proceedings
in that case.
I am, therefore, directed to send herewith a copy of Government Notification No.
853(2)/VII-V-1-2 (KA) -17-2003, dated July 11, 2003 alongwith the copy of the
Ordinance, aforesaid with the request to kindly ensure strict compliance of the provisions
as contained in the Ordinance and to kindly bring the contents of the circular letter to the
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notice of all the Judicial Officers as well as to all concerned in your Sessions Division for
strict compliance.
(viii)
Affixation of Advocates Welfare Stamp of Rs. 10/- on each Vakalatnama.
C.L. No. 4/2005: VIIf-249: Dated: 22nd January, 2005
By virtue of the Uttar Pradesh Advocate's Welfare Fund Act, 1974 and the U.P.
Advocates Social Security Fund Scheme Rules, 1989, it has been made mandatory that
every Advocate is required to affix on the Vakalatnama accepted by him a Welfare Stamp
of Rs. 10/- and if it is not so stamped no Court, Tribunal or Authority shall receive it.
Thereafter, in accordance with these provisions The Hon'ble Court issued marginally
noted Circular letters to all the District Judges, Subordinate to the Court for strict
compliance.
C.L. No.1/VIIf-249, dated Jan. 8, 1999
G.L. No.10239/VIIf-249, dated Aug.10, 2001
C.L. No. 43/VIIf-249, dated Dec. 10, 2002
C.L. No. 42/VIIf-249, dated Dec. 12, 2003
Recently, the Bar Council of Uttar Pradesh, Allahabad has brought to the notice
of the Hon'ble Court that in many districts, the Advocate's Welfare Stamp is not being
affixed on the Vakalatnama accepted by the Advocates.
I am, therefore, again directed to request you kindly to ensure compliance of the
provision as contained in the U.P. Advocates Welfare Fund Act, 1974 and U.P.
Advocates Social Security Fund Scheme Rules 1989 as well as the directions contained
in the marginally noted Circular letters issued by the Hon'ble Court in this regard.

Kindly bring the contents of this Circular letter to the notice of all the Judicial
Officers and other concerned for strict compliance.
(ix)
For taking punitive action against the persons indulging in Printing and
selling forged U. P. advocates welfare stamps.
C.L.No.26/VIIf-249: Dated: 18th June, 2000

I am directed to enclose herewith a copy of Government letter No-137 /SATNyaya-155/90 T.C. dated February 2000 on the above subject wherein it has been stated
that in some districts stamps vendors are indulging in printing and selling forged
―Advocates Welfare Stamps‖ causing loss to the state revenue/benevolent fund meant for
advocates.

I am, therefore, to request you kindly to see that the forged ̳Advocates Welfare
Stamps' are not issued and in cases any such instance comes to your knowledge
appropriate action be taken in the matter.