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State of Gujarat - Section

Section 433 in Gujarat High Court Rules, 1993

433. Extent of appearance by Vakalatnama in Civil and Criminal cases.

(1)In civil cases, the appointment of an advocate, unless otherwise limited, shall be deemed to be in force to the extent provided in that behalf by Rule 4 of Order 3 of the Code of Civil Procedure, 1908.
(2)In Criminal cases, the appointment of an advocate, unless otherwise limited, shall be deemed to be in force until determined with the leave of the Court by writing signed by the party or the Advocate, as the case may be, and filed in Court or the advocate dias, or until all proceeding in the case are ended so far as regards the party.
(3)For the purpose of sub-rule (2), a case shall be deemed to mean every kind or enquiry, trial or proceeding before a Criminal Court whether instituted on a policy report or otherwise than on a police report and shall include :-
(i)An application for bail or reduction, enhancement or cancellation of bail in the case,
(ii)an application for transfer of the case from one Court to another,
(iii)an application for stay of the case pending disposal of a civil proceeding in respect of the same transaction out of which the case arises,
(iv)an application for suspension, postponement or stay of the execution of the order or sentence passed in the case,
(v)an application for the return, restoration or restitution of the property as per the order of disposal of property passed in the case,
(vi)an application for leave to appeal against an order or acquittal passed in the case,
(vii)any appeal or application for revision against any order or sentence passed in the case,
(viii)a reference arising out of the case,
(ix)an application for review of an order or sentence passed in the case or in an appeal, reference or revision application arising out of the case,
(x)an application for making concurrent sentence awarded in the case or in an appeal, reference, revision or review applications arising out of the case,
(xi)an application relating to or incidental to or arising in or out of any appeal, reference, revision or review application arising in or out of the case (including an application for leave to appeal to the Supreme Court).
(xii)any application or act for obtaining copies of documents or for the return of articles or documents produced or filed in the case or in any of the proceeding mentioned hereinbefore.
(xiii)any application or act for obtaining the withdrawal or the refund or payment or out of the moneys paid or deposited in the court in connection with the case or any of the proceedings mentioned herein before (including moneys paid or deposited for covering the costs of the preparation and the printing of the Transcript Record or Appeal to the Supreme Court).
(xiv)any application for the refund of or out of the moneys paid or recovered as fine or for the return, restitution or restoration of the property forfeited or confiscated in the case or in any appeal reference, revision or review application arising out of the case as per final orders passed in that behalf.
(xv)any application for expunging remarks or observations in the judgment in the case or any appeal, reference, revision or review application arising out of the case, and
(xvi)any application or proceedings for sanctioning prosecution under Chapter XXVI of the Code of Criminal Procedure, 1976, or any appeal or revision application arising from and out of any order passed in such an application or proceeding :
Provided that where the venue of the case is shifted from one Court (Subordinate or otherwise) to another, the advocate filing the appointment referred to in sub-rules (1) and (2) in the former Court shall not be entitled to appear, act or plead in the latter Court, unless he files or has filed a memorandum signed by him in the latter Court that he has instructions from his client to appear, act and plead in that Court.