Bare ActsThe Bihar Shops & Establishments Act, 1953

Section 28A

Appearance by legal practitioner

Amendment status not verified — confirm the current text below against the official source.

Appearance by legal practitioner.—A legal practitioner may, in any proceeding under this Act, appear, plead or act on behalf of any party on such conditions as may be prescribed. Comments & Case-law [The power to prescribe conditions under which a legal practitioner may practice may not ordinarily include the power to completely prohibit him from practising in respect of any proceeding. The conditions mentioned in this section must be taken to be somewhat of a regulatory nature and it is well settled that power to regulate implies the continued existences of the scope to be regarded. Hence total prohibition would not come within the scope of the regulatory power. It must, therefore be held that rule 41 is no longer valid. Shiwaji Singh v. Presiding Officer, 1966 BLJR 418: 1966 (2) LW 128. A lawyer’s service can be obtained by an employee who is uneducated and illiterate. M/s Kavitha Movie House v. L.M. Mary, 1979 (1) LLJ 10. An officer of a registered trade union can appear, even if he is a practising lawyer. M.N.Verma v. Basu Shakur, 1960 BLJR 784.]

Section 28A – The Bihar Shops & Establishments Act, 1953 | DailyLaw.ai