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State of Maharashtra - Section

Section 50 in Caste questions, Pleaders

50. Pleaders to file vakalatnama. - First.

- A pleader shall not be allowed to act In any suit or proceeding until he has obtained from the party, and filed in Court, a power of attorney (vakalatnama) according to the form contained in Appendix K, appointing him pleader in the cause.[Second. - Retaining fee to be paid to pleader. [Cf. Act 1 of 1846, Sections 7 and 8.] - If a party engages a pleader to act in his behalf, he shall present him with eight annas as a retaining fee, for which the pleader shall grant him a written acknowledgement, specifying the date of payment; and; if the said retaining fee be not offered, the pleader shall demand it, and abstain from all proceeding until it be delivered].Third. - Penalty for failure to perform engagement. - If, after receiving the retaining fee, a pleader shall engage with, or act for, the other party, or refuse or omit to act on behalf of his client, he may be punished by a fine not exceeding rupee five hundred: or, if the matter in litigation be less than rupees two hundred and fifty, then not exceeding twice the amount of the sum in dispute between the parties: or, if the circumstances are of an aggravated nature, may be suspended or dismissed [* * *] [The words and figures 'under the rules contained in section 56 of this Regulation' were repealed by the Amending Act, 1895 (16 of 1895).]Fourth. - Court empowered to fine. - The fine may be inflicted by the Court in which the suit relative to which the failure of duty occurred may be pending [* * *] [Words repealed by Act 12 of 1873 are omitted. Cf. Act 1 of 1846. Sections 10 and 12.]