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Kaushik Kantilal Trivedi and anr. Vs. Secretary, Gujarat Public Servic ...

Court : Gujarat

Subject : Civil

Acts : Constitution of India - Article 217(2); Bombay Industrial Relations Act, 1946 - Sections 10(4); Advocates Act, 1961

Reported in : (2002)3GLR83

G.P.S.C. is not tenable at all. It is required to be mentioned that, so far as the Advocates Act, 1961 is concerned, it defines 'Advocate' as under :''Advocate' means an Advocate entered in any roll under the provisions … or Vakil on the roll of any High Court under the Letters Patent constituting such Court, or under Section 41 of this Act, or enrolled as a Pleader in the Chief Court of the Punjab under Section 8

Dattusing Giridharsingh Rajput (Thakur) Vs. Bhagwant Devasthan and ors ...

Court : Mumbai

Subject : Property

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 10 and 107 - Order 3, Rule 4(2) - Order 41, Rule 23A; Advocates Act, 1961 - Sections 34; Advocate Rules - Rule 1

Reported in : AIR2005Bom86; 2005(1)ALLMR298; 2005(2)BomCR290; 2005(2)MhLj743

the proceedings of the suit are terminated.14. This Court has framed Rules under Section 34 of the Advocates Act, 1961 (hereinafter referred to as 'the said Act of 1961'). The said Rules are very relevant so far as … Judge passed further orders on the basis of the pursis at Exh. 41. Pursis at Exh. 41 dated 3rd January 1984 was filed by the … decide Regular Civil Suit No. 586 of 1976 in the absence of Defendant No. 1 Dattusing after his Advocate filed 'no instruction pursis'. The said suit was decreed on 30th January 1984. In so far as Regular

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 … or Vakil on the roll of any High Court under the Letters Patent constituting such Court, or under Section 41 of this Act, or enrolled as a pleader in the Chief Court of the Punjab under Section 8

Pallavi S. Mayor Vs. Commissioner of Income-tax, Gujarat

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 45, 80T, 160, 161, 161(1), 164 and 166

Reported in : [1981]127ITR701(Guj)

of different categories of representative assessees is to be found in ss. 160 to 167 of the I.T. Act, 1961. Section 16(1) is a machinery section and enabling provision. Under this section, th e tax to be realised from … it is attracted in the present case, as contended by the assessee, we must agree with the learned advocate for the assessee before us that the Tribunal was clearly in error of law in upholding the order … Section 164 is in pari materia with the two provisos to s. 41(1) of the 1922 Act. Chief Justice, Chagla, as he then was, speaking

Sarabhai M. Chemicals Private Ltd. and Telerad Private Ltd. Vs. P.N. M ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 41(2), 43(6), 45, 45(1), 47, 269A, 269C, 269C(1), 269C(2), 269D and 269D(2); Constitution of India - Article 226

Reported in : [1980]126ITR1(Guj)

issued to it by the first-respondent, the competent authority, under the provisions of Chap. XX-A of the I.T. Act, 1961. The notices initiating acquisition proceedings under Section 269D(2) of the Act have been issued in respect of a … issuance of notices under Section 269D(1). On the other hand, the learned Advocate-General appearing for the respective petitioner in each petition has contended that what … Act which deal with tax on such income arising from a transfer. Those provisions are balancing charge under Section 41(2) of the I.T. Act and capital gains under Section 45(1) of the Act. under Section 41(2) :' Where

Commissioner of Income-tax, Gujarat Ii Vs. Vimlaben Bhagwandas Patel a ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 52, 131, 132(5), 147, 148, 148(2), 269, 269A, 269A(1), 269C, 269C(1), 269C(2), 269D, 269D(1), 269D(2), 269E, 269E(3), 269F, 269F(6), 269G, 269H, 269-I, 269J, 269J(4), 269P, 269P(1), 269S, 271, 271(1) and 279A; Wealth Tax Act, 1957 - Sections 18

Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)

B.K. Mehta, J.1. These two appeals under s. 269H of the I.T. Act, 1961, at the instance of the Commissioner of Income-tax, Gujarat-II, Ahmedabad, are directed against the common order of the … necessary if it is to be capable of doing its work efficiently'. 41. In De Verteuil v. Knaggs [1918] AC 557 (PC), the Judicial Committee … refer to at the appropriate stage. 16. The above contentions were sought to be repelled by the learned advocate for the respondent-transferees by urging that the competent authority lacked the initial jurisdiction to initiate proceedings because there … 3. The IAC, Acquisition Range-II, Ahmedabad, therefore, decided to issue notice under section 269D(1) initiating proceeding for acquisition of the two sheds in question in

The Management of Madras Atomic Power Project Employees Consumers (Co- ...

Court : Chennai

Subject : Labour and Industrial

Acts : Tamil Nadu Shops and Establishments Act, 1947 -- Sections 2(12), 4(1), 5, 31, 41(2), 43, 49, 50 and 51; Tamil Nadu Shops and Establishments Rules, 1948 -- Rule 9A and 9(2); Tamil Nadu Co-operatives Societies Act, 1983 -- Sections 90 and 152; Andhra Pradesh co-operative Societies Act, 1964 -- Sections 61; Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1951); Industrial Disputes Act, 1947 -- Sections 10 and 33C(2)

Reported in : 2000(3)CTC738; [2001(88)FLR620]; (2000)IILLJ1451Mad

filed on 30-6-92 against the orders of termination dated 6-7-91 with a delay of about one year under section 41 of the Shops Act. The first respondent entertained the appeal by condoning the delay on the ground that … and the second respondent in both cases as well as learned Government Advocate for first respondent in W.P No. 2050 of 1994.6. Mr. N. Jothi, … Tamil Nadu exempted permanently all societies registered or deemed to be registered under the Tamil nadu Co-operative Societies Act, 1961(Tamil Nadu Act 53 of 1951) from the provisions of the Tamil Nadu Shops Act XXXVI of 1947, except

Prof. Chandra Prakash Agarwal Vs. Chaturbuj Das Parikh and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 217(2) and 233(2); Advocate Act, 1961 - Sections 16; Government of India Act, 1915 - Sections 101(3)

Reported in : AIR1970SC1061; 1970MhLJ934(SC); (1970)1SCC182; [1970]3SCR354

High Court' in Article 217(2)(b) has no significance in any event after the coming into force of the Advocate Act, 1961, as by virtue of Section 16 of that Act there are now only two classes of persons entitled … or Vakil on the roll of any High Court under the Letters Patent constituting such Court, or under Section 41 of this Act, or enrolled as a pleader in the Chief Court of the Punjab under Section 8

Shaikh Sikandar Sk. Haidar and ors. Vs. Saraswati Education Society an ...

Court : Mumbai

Subject : Property

Acts : Bombay Public Trusts Act - Sections 36(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18 and 29; Specific Relief Act, 1963 - Sections 41; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(4), 34 and 35; Income Tax Act, 1961; Income Tax (Certificate Proceedings) Rules, 1962; Code of Civil Procedure (CPC) - Sections 47 and 94 - Order 39, Rules 1 and 2

Reported in : 2007(1)ALLMR836; 2007(4)BomCR387; 2007(4)MhLj185

provisions of Schedule-II of Income Tax (Certificate Proceedings) Rules, 1962 and Second and Third Schedules to the Income-tax Act, 1961, make it explicit that the suit is maintainable in contrast with all proof bar of suit incorporated in … wrote letters dated 23rd January, 1999, 5th February, 1999, 17th February, 1999, and then served a notice through Advocate on 3rd March, 1999. Though plaintiffs persuaded-requested the trustees to execute the sale-deed, they did not comply. Plaintiffs, … the Trustees furnished application to the Joint Charity Commissioner seeking permission under Section 36(1)(b) of the Bombay Public Trusts Act to sell the property.When the … or execution thereof by way of a suit is not maintainable. Section 41(b) of the Specific Relief Act, 1963 bars such relief, as well that

Deepak Khosla Vs. Montreaux Resorts Pvt Ltd and Others

Court : Delhi

Subject : Land Acquisition

audience for co-suitor under clause 8 is concerned, the same is contrary to Section 32 of the Advocates Act, 1961. We need not examine whether Section 32 negates or overrides clause 8 of the Letters Patent Act, in … the parties. We also had the assistance of Mr. Arvind Nigam, Sr. Advocate, who was asked to assist as Amicus Curiae. We appreciate the effort … recalled for valid and just grounds. It is not absolute and forever. Sanction/injunction to institute legal proceedings 53. Section 41(b) of the Specific Relief Act reads as under:- “41. Injunction when refused.-An injunction cannot be granted- Xxx (b)