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Mahesh Chandra Gupta Vs. Union of India (Uoi) and ors.
Supreme Court of India
Jul-06-2009
Service
Advocates Act, 1961 - Sections 16, 17, 29, 30, 35, 36, 37, 38 and 41; Indian Bar Councils Act, 1926 - Sections 1(2), 2, 2(1), 3, 7, 8, 9, 10, 8 to 16 and 16(1); Government of India Act, 1935 - Sections 101(3) and 220(3); General Clauses Act, 1897 - Sections 3; Legal Practitioners Act, 1879 - Sections 4, 36 and 38; Advocates (Amendment) Act, 1976; Indian Medical Council Act, 1956; Indian Nursing Council Act, 1947; Dentists Act, 1948; Chartered Accountants Act, 1949; Pharmacy Act, 1948; High Court Rules - Rules 10, 14 and 15; Constitution of India - Articles 124, 124(3), 136, 138, 138(2), 145(1), 217, 217(1), 217(2), 224, 224(1), 226, 233, 233(2) and 246
JT2009(9)SC199; 2009(9)SCALE206; (2009)8SCC273; 2009(3)SLJ385(SC); 2009(7)LC3083(SC); [2009] 10 SCR 921
advocate of a High Court' in Article 217(2)(b) have no significance after coming into force of the Advocates Act, 1961 ('1961 Act' for short), which lays down that, after the 1961 Act, there are only two classes of … Courts subordinate to this Court. But Section 38, Legal Practitioners Act, provides that nothing in that Act, except Section 36, shall apply to persons enrolled as advocates of any High Court under the Bar Councils Act, 1926. From
Tag this Judgment! AI Brief & AskH.H. Shri Natwarsinghji Vs. Commissioner of Wealth-tax
Gujarat
Feb-11-1992
Direct Taxation
Income Tax Act, 1961 - Sections 36(1); Wealth Tax Act, 1957 - Sections 7 and 27(3)
(1992)108CTR(Guj)386; [1993]201ITR133(Guj)
books of account as was required to be done under the provisions of section 36(1)(vii) of the Income-tax Act, 1961. Learned counsel, Mr. B. J. Shelat, appearing for the Revenue, on the other hand, strongly contended that there … assesse ?' 3. It was urged on behalf of the assessee by Mr. K. H. Kaji, the learned advocate appearing for the assessee, that there was ample material on record which clearly suggested that the debt in
Tag this Judgment! AI Brief & AskVithaldas H. Dhanjibhai Bardanwala Vs. Commissioner of Income-tax, Guj ...
Gujarat
Aug-20-1980
Direct Taxation
Income Tax Act, 1961 - Sections 28, 36, 36(1), 36(2), 155 and 155(6)
(1981)21CTR(Guj)190; [1981]130ITR95(Guj)
were not written off as required by law as per the provisions of section 36 of the Income-tax Act, 1961 ?' 2. In order to appreciate the nature of the controversy posed for our consideration in the present … question of law and referred the same to us, as we have already stated above. 8. The learned Advocate-General appearing for the assessee contended that the Tribunal was apparently in error when it held that the assessee
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Devendra Bhai Shankar Mehta Vs. Rameshchandra Vithaldas Sheth and Anot ...
Supreme Court of India
Apr-22-1992
Civil
Advocates Act, 1961 - Sections 35, 36B and 43; Constitution of India - Articles 226 and 227; Inocme-tax Act, 1961 - Sections 230A
AIR1992SC1398; 1993(41)BLJR17; JT1992(3)SC560; 1992(1)SCALE875; (1992)3SCC473; [1992]2SCR687; 1992(2)LC303(SC); (1992)2UPLBEC803
36B under Section 43 of Advocates' Act, 1961. Civil - fraud - Sections 35, 36 and 43 of Advocate Act, 1961 - advocate and his racket fraudulently took money from complainants - disciplinary committee of Bar Council of India
Tag this Judgment! AI Brief & AskN.G. Dastane Vs. Shrikant S. Shivde and anr.
Supreme Court of India
May-03-2001
Civil
Advocate Act, 1961 - Sections 35 and 36(2)
AIR2001SC2028; (2001)3CompLJ149(SC); JT2001(Suppl1)SC386; 2001(2)KLT754(SC); 2001(3)SCALE619; (2001)6SCC135; [2001]3SCR442; 2001(4)SCT723(SC); 2001(2)LC1142(SC)
to consider whether the acts attribute to the respondents amounted to professional misconduct.15. Chapter V of the Advocates Act 1961 (for short 'the Act') contains provisions for dealing with the conduct of Advocates. The world 'misconduct' is not … granted.2. We are much grieved, if not peeved, in noticing how two advocates succeeded in tormenting a witness by seeking numerous adjournments for cross-examining him … hold that the complaint of the appellant would stand referred to the Disciplinary Committee of the State Bar Council.Section 36(2) of the Advocates Act reads thus: 'Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar
Tag this Judgment! AI Brief & AskBelapur Co. Ltd. Vs. Maharashtra State Farming Corporation
Mumbai
Aug-22-1968
Property
Evidence Act, 1872 - Sections 91 to 98; Code of Civil Procedure (CPC), 1908
AIR1969Bom231; 1970MhLJ330
of sugarcane that the plaintiffs were cultivating the said lands. Under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act 1961, however, all surplus lands of the plaintiffs, i.e. lands in excess of the ceiling fixed in the manner … It is also the case of the plaintiffs in paragraphs 34 and 36 of the plaint that the minimum prices of sugarcane fixed by the … Statement which deals inter alia with paragraph 27 of the plaint, it has been contended by the learned Advocate General that the same has been denied in paragraph 27 of the plaint, it has been contended by … State Government, subject, of course, to payment of compensation as therein provided. Section 28 of the said Act which is important for the purpose of
Tag this Judgment! AI Brief & AskSupreme Court Bar Association Vs. Union of India and anr.
Supreme Court of India
Apr-17-1998
Media and CommunicationContempt of Court
Constitution of India - Articles 32, 129, 136, 139-A, 140, 141, 142, 161 and 215; Advocates Act, 1961 - Sections 9, 30, 33, 37, 38, 35(3), 42(1), 49 and 50; Contempt of Courts Act, 1971 - Sections, 10, 12 and 15; Contempt of Courts Act, 1952 - Sections 4; Contempt of Courts Act, 1926 - Sections 2; Code of Criminal Procedure (CrPC) - Sections 320 or 321 or 482, 386 and 406-407
AIR1998SC1895; 1998(2)BLJR1497; (1998)2GLR1711; JT1998(3)SC184; 1998(2)SCALE745; (1998)4SCC409; [1998]2SCR795; (1998)2UPLBEC1320; 1995IBR118; AIR 1998 SC 1845
writ, direction, or declaration, declaring that the disciplinary committees of the Bar Councils set up under the Advocates Act, 1961, alone have exclusive jurisdiction to inquire into and suspend or debar an advocate from practising law for professional … been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. Section 36, provides that where on receipt of a complaint or otherwise, the Bar Council of India has reason to … of India Rules' (hereinafter referred to as the Rules) in exercise of its rule making power under the Advocate Act 1951.69. Part VII of the Rules deals with disciplinary proceedings against the advocates. In chapter I of Part
Tag this Judgment! AI Brief & AskNarendra Singh Vs. Chhotey Singh and anr.
Supreme Court of India
Aug-09-1983
Constitution
Advocates Act, 1961 - Sections 7, 37, 37(2) and 38
AIR1983SC990; 1983(2)SCALE84; (1983)4SCC131
Section 9 to set up. Similarly, disciplinary jurisdiction is also conferred on the Bar Council of India under Section 36 in respect of any advocate whose name is not entered on any State roll. Section 37 provides for … remand that has been questioned in this appeal preferred by the appellant under Section 38 of the Advocates Act, 1961.5. Miss Thomas, learned advocate for the appellant, relied upon the decision of this Court in Makeshwor Nath Srivastava
Tag this Judgment! AI Brief & AskOm Prakash Joshi, Advocate and ors Vs. State of Rajasthan and ors
Rajasthan
Jul-06-2001
Constitution
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 ;
AIR2002Raj33; 2001(3)WLC199; 2001(3)WLN632
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 … 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 … with the Rajasthan taw & Legal Affairs Department Manual (1999 read with Section 24 of the Code of Criminal Procedure, 1973.(c) The petitioners have not … General purporting to be made under Article 165 by reasons of Article 361(1) of the Constitution. Article 217(2) of the Constitution prescribes the qualifications for
Tag this Judgment! AI Brief & AskBar Council of India Vs. High Court of Kerala
Supreme Court of India
Apr-27-2004
Contempt of Court
Advocates Act, 1961 - Sections 2, 19, 30, 34, 34(1), 35, 35(1), 36 and 49; Kerala Advocates Rules - Rule 11; Constitution of India - Articles 14, 19(1), 129, 142, 145 and 215; Contempt of Courts Act, 1971; Code of Criminal Procedure (CrPC) - Sections 345 and 346; Indian Penal Code (IPC) - Sections 175, 178, 179, 180 and 228
AIR2004SC2227; 2004(3)ALD115(SC); 2004(3)ALT53(SC); [2004(3)JCR97(SC)]; JT2004(Suppl1)SC428; 2004(2)KLT485(SC); 2004(5)SCALE232; (2004)6SCC311; 2004(2)LC1243(SC)
in this writ petition.BACKGROUND FACT:2. The Bar Council of India is a statutory body constituted under the Advocates Act, 1961 ('the Act'). In terms of Section 34(1) of the Act, the High Court of Kerala framed rules; Rule … been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.'24. Section 36 provides for the disciplinary powers of Bar Council of India.25. An appeal lies to the Bar Council of … v. Union of India and Anr. : [1998]2SCR795 , that as in terms of the provisions of the Advocate Act, the Bar Council of India is entitled to punish an Advocate counsel for commission of misconduct - whether
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