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Supreme Court Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

Subject : Media and CommunicationContempt of Court

Acts : 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

Reported in : 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 … under the Advocates Act, this Court cannot assume that jurisdiction under Article 142 or 129 or even under Section 38 of the Advocates Act, 1961.9. To appreciate the submissions raised at the bar, let us first notice Article … 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

High Court on Its Own Motion Vs. Mr.N.B.Deshmukh

Court : Mumbai

Subject : Constitution

Acts : CONTEMPT OF THE COURT ACT, 1971 - Section 2(C); MAHARASHTRA LAND REVENUE CODE, 1966 - Sections 38, 39, 149, 156, 328, 2(11); Constitution of India - Articles 14, 21, 226, 227

The statutory right of the Advocate to practice conferred by the section 29 & 30 of the Advocates Act, 1961 to uphold and duly assist in the due & proper administration of justice according to law by the … petitioner and Govt. Lessee on since 3/9/1994. duly cast & saddled on the petitioner Govt. Lessee by the section 38,39,149, 156, 327.328, 2(11)(12)(13) To pay the land revenue & lease Rent incidentally & ancillarily as per the MAHARASHTRA

Mahesh Chandra Gupta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : 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

Reported in : 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 … would have been a bar to his practising as an advocate in 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

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

two failures but presumably encouraged by the ludicrous punishment, the appellant filed this appeal in this Court under Section 38 of the Advocates Act, 1961. By the order made on August 7, 1978, the appeal was admitted and … 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, … 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

D. Saibaba Vs. Bar Council of India and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Article 136; Advocates Act, 1961 - Sections 35, 37, 38, 44A and 48AA; Land Acquisition Act, 1894 - Sections 18; Uttar Pradesh Motor Vehicles Taxation Act, 1935 - Sections 15; Code of Civil Procedure (CPC) ; Code of Criminal Procedure (CrPC)

Reported in : AIR2003SC2502; 2003(4)ALLMR(SC)1186; 2003(3)AWC2495(SC); 2003(2)BLJR1293; 96(2003)CLT473(SC); (2003)3CompLJ123(SC); 2003(2)CTC497; 104(2003)DLT658(SC); 2003(69)DRJ116; 2003(6)SCC186

appeal by special leave. As against the order dated 31.3.2001 the appellant has filed a statutory appeal under Section 38 of the Advocates Act, 1961 and also an appeal by special leave.5. Section 48AA of the Advocates Act, … under Article 136 of the Constitution, an appeal under Section38 of the Advocates Act, 1961, and a civil writ petition layingchallenge to the constitutional validity … of two appeals by specialleave under Article 136 of the Constitution, an appeal under Section38 of the Advocates Act, 1961, and a civil writ petition layingchallenge to the constitutional validity of Section 48AA of theAdvocates Act, 1961, hereinafter,

R.D. Saxena Vs. Balram Prasad Sharma

Court : Supreme Court of India

Subject : Civil

Acts : Advocates Act, 1961 - Sections 35, 36B and 38; Solicitors Act, 1860; Limitations of Actions Act, 1958; Constitution of India - Article 22(1); Constitution of India - Article 22(1); Indian Contract Act, 1872 - Sections 148 and 171; Sale of Goods Act, 1930 - Sections 2(7), 76 to 123

Reported in : AIR2000SC3049; 2001ALLMR(Cri)375(SC); 2000(5)ALT1(SC); 2001(1)BLJR174; 2000(3)CTC757; JT2000(9)SC432; 2000(3)KLT438(SC); 2000MPLJ613(SC); 2000(6)SCALE42; (2000)7SCC264; [20; AIR 2000 SC 2912

- without any delay. This appeal is filed by the said advocate under Section 38 of the Advocates Act, 1961.2. As the question involved in this appeal has topical importance for the legal profession we heard learned Counsel

Adi Pherozshah Gandhi Vs. H.M. Seervai, Advocate General of Maharashtr ...

Court : Supreme Court of India

Subject : Constitution

Acts : Indian Penal Code (IPC), 1860 - Sections 193 and 228; Advocates Act, 1961 - Sections 35, 37 and 38; Chartered Accountants' Act; Code of Civil Procedure (CPC) - Sections 11, 91, 92 and 112;

Reported in : AIR1971SC385; (1970)2SCC484; [1971]1SCR863

CIVIL APPELLATE JURISDICTION: Civil Appeal.No. 2259 of 1969. Appeal under s. 38 of the Advocate's Act, 1961 from the order dated October 26, 1969 of the Disciplinary Committee of the Bar Council of India in … the disciplinary committee of the Bar Council of India which may pass such order, thereon as it deems fit.,,"Section 38. Appeal to the Supreme Court: Any person aggrieved by an order made by the disciplinary committee of the

Narendra Singh Vs. Chhotey Singh and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Advocates Act, 1961 - Sections 7, 37, 37(2) and 38

Reported in : AIR1983SC990; 1983(2)SCALE84; (1983)4SCC131

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

Madhav M. Bhokarikar Vs. Ganesh M. Bhokarikar (Dead) Through Lrs.

Court : Supreme Court of India

Subject : Civil

Acts : Advocates Act, 1961 - Sections 35(3) and 38; Advocates Rules - Rule 47

Reported in : AIR2004SC1877; 2004(5)ALLMR(SC)454; 2004(4)AWC3458(SC); (SCSuppl)2004(3)CHN110; [2004(101)FLR649]; 2004(3)SCALE337; (2004)3SCC607

ORDER1. These are two appeals under Section 38 of the Advocates Act, 1961.2. The appellant is an advocate duly enrolled under the provisions or the Advocates Act, 1961 therein after referred

Bar Council of Maharashtra Vs. M.V. Dabholkar and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Advocate Act, 1961 - Sections 3(2), 6, 6(1), 9, 10, 35 to 44 and 49; Advocate (Amendment) Act, 1974

Reported in : AIR1975SC2092; (1975)2SCC702; [1976]1SCR306

the question whether the Bar Council of a State is 'a person aggrieved' to maintain an appeal under Section 38 of the Advocates Act. 1961 hereinafter called the Act. 2. The Bar Council of Maharashtra on 8 August, … to speak, is not the soul of wit but a sign of something different. Civil - misconduct - Advocate Act, 1961 and Advocate (Amendment) Act, 1974 - whether Bar Council of State is 'a person aggrieved' to maintain appeal