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[Cites 0, Cited by 0] [Section 34] [Entire Act]

State of Rajasthan - Subsection

Section 34(1) in The Rajasthan Law And Judicial Department Manual, 1952

(1)When a Private Legal Practitioner is engaged to represent Government in any criminal case before any court, other than the High Court he shall receive fee at the following rates:-
(i)For the first day of each criminal trial - Rs. 25/- at Jaipur, Jodhpur or Ajmer and Rs. 20/- at other stations.
(ii)For each subsequent hearing in such trial- Rs. 20/- at Jaipur, Jodhpur or Ajmer and Rs. 15/- at other stations.
Note: - A day on which only a spot inspection is made or a witness is examined on commission shall be deemed to be a day of subsequent hearing.
(iii)For each appeal Rs. 20/-.
(iv)For a reference or revision or miscellaneous criminal proceeding (not specifically provided for) involving any number of persons whether they have applied jointly or severally but subject to the proviso that there is a joint hearing in respect of all- Rs. 15/-:
Provided that -
(a)no fee shall be paid for a hearing fixed for delivering judgment only:
(b)when two or more person convicted in a single case appeal, whether jointly or severally, and the appeals are all heard together, the case fee shall be at the rate of Rs. 10/- for each appellant, subject to a minimum of Rs. 25/- and a maximum of Rs. 75/-;
(c)when one or more criminal cases are fixed for hearing on the same day; then-
(i)if none of such cases is taken the Private Legal Practitioner shall be entitled to a fee of Rs. 10/-, and
(ii)if one or more such cases is taken, he shall be entitled to the day’s fee for each case taken and to no fee for any case not taken,
(iii)if no case the fees payable under item (ii) shall exceed Rs. 100/- for the same day, irrespective of the number of cases taken on that day.
Explanation. - A case will be deemed to be taken on a day. when some progress is made in the trial, e.g., examination of witnesses or accused, framing of charges or hearing of arguments. It will be considered as not taken if it is merely adjourned for want of time or due to absence of magistrate or witnesses or at the request either party, or for a similar cause.