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Om Prakash Joshi, Advocate and ors Vs. State of Rajasthan and ors

Court : Rajasthan

Subject : Constitution

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 24(1), 24(4), 24(8), 35 and 321; Constitution of India - Articles 13, 13(3), 14, 16, 16(1), 124(2), 126, 162, 163, 165, 165(2), 165(3), 216, 217, 217(1), 217(2), 222, 222(1), 226, 319, 361(1), 367 and 368 ;Code of Civil Procedure (CPC), 1908 - Sections 2(7) - Order 3, Rule 4(2) and Rule 4(6); General Clauses Act - Sections 13; Advocates Act, 1961 ;

Reported in : AIR2002Raj33; 2001(3)WLC199; 2001(3)WLN632

Lakshmanan, C.J. (1). The petitioners in the instant writ petition are the practicing advocates at Jodhpur. They filed the writ petition with the followingprayers:-'It is, therefore, prayed that a writ, direction or … application in response to an advertisement. Similar was the position as regards the professional engagement prior to Advocates Act, 1961, except the disciplinary control.(29). Mr. Dinesh Maheshwari in support of his contention that the lawyers cannot solicit brief … work or advertise either directly or indirectly as per Rule 36. The preamble of Chapter-11 of Standard of Professional Conduct and etiquettes of the Bar

U.K. Acharya and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Subject : PropertyConstitution

Acts : Gujarat Housing Board Act, 1961 - Sections 82; Constitution of India - Article 14; Disposal of Property Regulations - Regulation 33

Reported in : AIR1989Guj81; (1988)1GLR209

parties will have to be resolved.30. The matter is governed by the Act known as Gujarat Housing Board Act, 1961 (Gujarat Act 23 of 196 1) (which is hereinafter referred to as 'the Act') and the rules and … the two colonies. The above portion is mentioned in the resolution as preamble but' the main resolution thereafter follows and says that out of the … diverse grounds.16. It must be kept in view that no grievance was made before us by the learned Advocate for the petitioners about the decision taken by the State of Gujarat to convert H and L colony-houses

Basant Kumar Choudhary Vs. Union of India (Uoi) and ors.

Court : Patna

Subject : Constitution

Acts : Advocates Act, 1961 - Sections 16, 16(1), 16(2), 16(3) and 16(4); Constitution of India - Articles 18, 18(1), 51A, 73 and 162; Contempt of Courts Act; Indian Bar Councils Act, 1926 - Sections 2(1); Patna High Court Rules, 1916 - Rules 1, 2 and 3

for the following reliefs,--(i) For issuance of an appropriate writ declaring Section 16(1)(2) and (3) of the Advocates Act, 1961 as ultra vires the Constitution of India.(ii) For issuance of an appropriate writ declaring Para-A of Chapter-XXIV of … Councils Act, 1926 and number of other laws on the subject. The Preamble of the Act says that it is an Act to amend and … R.S. Garg, J.1. This writ Application has been filed by Mr. Basant Kumar Choudhary, an Advocate practising in this Court for the following reliefs,--(i) For issuance of an appropriate writ declaring Section 16(1)(2) and

B. Sundaresan Vs. State of Kerala and ors.

Court : Kerala

Subject : Constitution

Acts : Kerala Raw Cashew Nuts (Procurement and Distribution) Act, 1981; Constitution of India - Articles 19(1), 19(6), 245 and 304

Reported in : AIR1995Ker307

is an essential article under Clause (2) of Section 2 of the Kerala Essential Articles Control (Temporary Powers) Act, 1961. Then the State Government issued Kerala Raw Cashew Nuts (Procurement and Distribution) Order 1977. The 1977 order was … total lack of legislative competence in enacting this three Acts. Though the preamble of the Act indicates that the Act is to provide for trade … ORDERD.J. Jaganadha Raju, J. 1. This batch of 10 Original Petitions are filed questioning the constitutional validity … Bearing in mind the above historical background, we have to judge this batch of Writ Petitions. Though different advocates have argued the case with regard to the prayers pertaining to their Writ Petitions, comprehensive arguments were advanced

P. Bhuvaneswaraiah and ors. Vs. State of Mysore and ors.

Court : Karnataka

Subject : Constitution

Acts : Mysore Buildings Tax Act, 1962 - Sections 3(2) and 4; Constitution of India - Articles 14 and 304; Mysore Buildings Tax Act; Mysore Rent Control Act, 1961 - Sections 14 and 29

Reported in : AIR1965Kant170; AIR1965Mys170; (1964)2MysLJ470

assessee cannot be taken into consideration in fixing fair rent under S. 14 of the Mysore Rent Control Act, 1961 (see S. 29 of the 'Act') does not make it any the less a 'building tax'(11) It was … act to provide for the levy of a tax on buildings. Its preamble says that it was enacted because it was found expedient to provide … same person the building tax shall be levied on the aggregate floorage of all such buildings.' The learned Advocate-General told us that the word 'owned' found in that proviso should not be read in the light of … from enforcing on them the provisions of the Mysore Buildings Tax Act, 1962 (Mysore Act No. 4 of 1963)(to be hereinafter referred to as the

M. Veerabhadra Rao Vs. Tek Chand

Court : Supreme Court of India

Subject : PropertyConstitution

Acts : Advocates Act, 1961 - Sections 38

Reported in : AIR1985SC28; 1984(2)SCALE608; 1984Supp(1)SCC571; [1985]1SCR1003

Ram Mohan Rao, who was described as a senior of appellant M. Veerabhadra Rao has been a practising advocate at Hyderabad. Appellant M. Veerabhadra Rao was enrolled as an advocate in the year 1961 as stated in … appeal started.3. Respondent Tek Chand filed a complaint No. 14 of 1974 under Section 35 of the Advocates Act, 1961 before the Bar Council of the State of Andhra Pradesh alleging that one Mr. M. Ram Mohan Rao, … Rules of 1975 prescribe 'Standards of Professional conduct and Etiquette. In the preamble to this part, it is stated that an advocate shall, at all … Appellant M. Veerabhadra Rao was enrolled as an advocate in the year 1961 as stated in his evidence. He joined the chamber of his senior

Oil and Natural Gas Corpn. Ltd. Vs. Jindal Drilling and Industries Ltd ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 36, 37(1) and 85; Bombay Court-fees Act, 1959 - Schedule - Articles 1, 3 and 13; Bombay General Clauses Act, 1897 - Sections 8, 8(1) and 9; Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) , 1908 - Sections 149; United Nations Commission on International Trade Law Conciliation Rules, 1980

Reported in : 2008(6)BomCR546

the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. It is further observed that in the Statement of Objects and Reasons appended to the Bill in respect … not a mere re-enactment of the Old Act. In fact, the very preamble of the New Act provides that whereas the United Nations Commission on … exclude reference to the New Act in Article 3 of Schedule I of the B.C.F. Act.10. The learned Advocate General, however, referring to Section 8 of the General Clauses Act submitted that the said provision of law … filed arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, hereinafter called as 'the New Act' and the said petitions came to

Niranjan Soni Vs. State of M.P.

Court : Madhya Pradesh

Subject : Civil

Acts : Advocates Act, 1961 - Sections 49; Standards of Professional Conduct and Etiquette Rules - Rule 1; Constitution of India

Reported in : 1999(2)MPLJ156

Rules and in regard to the rules framed by the High Court under Section 34 of the Advocates Act, 1961. He is supposed to know that the memo of appearance is not an application and no endorsement can … and Etiquette have been framed by the Bar Council of India. The preamble of these rules states that an Advocate shall, at all times, comport … Soni, (numbered as Misc. Criminal Case No. 1140/97) was moved before this Court by Shri N. S. Ruprah, Advocate, which, after hearing him, was rejected on 28-3-1997. Subsequent thereto, another application, (numbered as Misc. Criminal Case No. … ORDERD.P.S. Chauhan, J.1. It was on 12-12-1997 that the Court passed the following order, which led to the nomination

K. Kungu Govindan and ors. Vs. Parakkat Kunhilekshmi Amma and ors.

Court : Kerala

Subject : Tenancy

Acts : Kerala Buildings (Lease and Rent Control) Act, 1959 - Sections 2(1); Kerala Buildings (Lease and Rent Control) (Amendment) Act, 1961

Reported in : AIR1966Ker244

the period, within which the surrender was to be made, the Kerala Buildings (Lease and Rent Control) Amendment Act, 1961, Act 29 of 1961, had come into force, amending the original Act of 1959. The Amendment Act was … has come into force on the 3rd day of April 1959. The preamble to the Act states three purposes for which the statute provides, namely, … nave been taken before us by Mr. V. K. K. Menon, learned counsel for the lessors, the learned Advocate General to whom notice appears to have been issued by the Division Bench during the hearing of the … within the ambit of the Kerala Buildings (Lease and Rent Control) Act, 1959, Act XVI of 1959 (hereinafter to be referred to as the Act),2.

Sanjay R. Kothari and anr. Vs. South Mumbai Consumer Disputes Redressa ...

Court : Mumbai

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 13(4), (5) and (6); Maharashtra Consumer Protection Rules, 2000 - Rules 4(7), 8(7), 9(1) and (6)

Reported in : AIR2003Bom15; 2002(4)ALLMR617; 2002(6)BomCR637; (2002)4BOMLR760; 2003(1)MhLj804

short, 'State Commission') are entitled to be represented by authorised agents who are not enrolled under the Advocates Act, 1961 and such Authorised Agents have the right of audience. The counsel appearing for the parties confined their arguments … In the Statement of Objects and Reasons as well as in the Preamble of the Act of 1986, the new fora set up are referred … represented by authorised agents who are not enrolled under the Advocates Act, 1961 and such Authorised Agents have the right of audience. The counsel appearing … the permission of the authority concerned, he does not practise the profession and contravene Section 33 of the Advocate Act. Section 32 of the said Act in fact permits such appearance notwithstanding the fact that the person concerned