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indra Bahadur Singh Vs. Bar Council of U.P., Allahabad and ors.

Court : Allahabad

Subject : Constitution

Acts : Advocates Act, 1961 - Sections 7, 34, 49 and 49(1); Constitution of India - Articles 14, 19(1) and 220; Evidence Act, 1872 - Sections 115

Reported in : AIR1986All56

and 21 of the Rules framed by the Bar Council of India under Section 49(c) of the Advocates Act, 1961 regulating professional conduct and etiquette specifically lay down that an Advocate shall not stipulate for a fee contingent … nullify the said Rule by framing another rule in the exercise of the power conferred on it by section 49A of the Act. As is clear from Sub-section (4) of Section 49A, if any provision of a rule

S. Deepika Bhat and Others Vs. Union of India, Represented by Departme ...

Court : Karnataka

Subject : Education

be affiliated to the BCI, a statutory body corporate, constituted under the Advocates Act, 1961 (Hereinafter referred to as the '1961 Act', for brevity) . … in law are required to be affiliated to the BCI, a statutory body corporate, constituted under the Advocates Act, 1961 (Hereinafter referred to as the '1961 Act', for brevity) . The BCI has made Rules on standards of … is conferred on the Bar Council of India under Section 49(1 )(ag) and on the Central Government under Section 49A of the Act. The role which a State Bar Council has to play undeSection 28 is distinct from

Anees Ahmed and anr. Vs. University of Delhi and ors.

Court : Delhi

Subject : Constitution

Acts : Advocates Act, 1961 - Sections 2(1), 24, 24(1), 26, 26(1), 26(2), 26(3), 28, 28(2), 29, 33A, 48A, 48AA, 48B, 49, 49(1), 49A, 49A(4) and 218(2); Advocates (Right to take up Law Teaching) Rules, 1979 - Rule 3; Delhi Bar Council Rules - Rules 49, 102 and 103; Bar Council of India Rules, 1975; University Grants Commission Act, 1956; Delhi University Act, 1922; Constitution of India - Articles 19(1), 19(6) and 21

Reported in : AIR2002Delhi440

arguments referred to various statutes andordinances of the University of Delhi as also the provisions of the Advocates Act, 1961 and the rules framed by the Bar Council of India and in the light thereof submitted that the … of the Act deals with the General power of the Bar Council of India to make rules whereas Section 49A deals with the power of the Central Government to make rules. Section 49-A provides that the Central Government … not be a full-time salaried employee of any person, Government, firm, corporation or concern. Section 24(1) of the Advocate Act specifically states that a person in addition to satisfying other conditions has also to satisfy the provisions of

Raghunandan Ramchandra Laharia Dead Through Lrs. Sharad Raghunandan La ...

Court : Mumbai

Subject : Tenancy

Acts : Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 6, 6(2), 8, 8(3), 19, 20, 21, 36(2), 42, 46, 46(1A), 48, 49, 49A, 49B, 89, 89(1), 107, 111 and 120; Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961; Berar Regulation of Agricultural Leases Act, 1951; Constitution of India - Article 227

Reported in : 2006(3)BomCR460; 2006(1)MhLj822

have already purchased 56 acres of land and ceiling limit under the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 was 54 acres and hence they were not entitled to purchase/get more land. The Sub-Divisional Officer therefore maintained … under Section 6(2) of Tenancy Act. As such, by operation of law Ramchandra became owner in terms of Section 49A or Section 46 of Tenancy Act. He states that Section 42 permitted Ramchandra to purchase land upto 3 … was moved by petitioner on 7-9-1984 in this background.7. I have heard Advocate Shri R.K. Deshpande for petitioner and Advocate Shri Kaptan with Advocate Shri

Raj Kumar Prasad Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

Subject : Civil

Acts : Advocates Act, 1961 - Sections 1, 2, 3, 4, 16(1), 17(1), 24, 29, 30, 33, 41(C), 49, 49A and 49(1); Bar Council of India Rules; Code of Civil Procedure (CPC) - Order 3, Rules 1, 2 and 4 - Order 6, Rules 14 and 15 - Order 12, Rule 7 - Order 19, Rules 1, 3 and 4 to 15; Constitution of India - Articles 21 and 226; Gauhati High Court Rules - Sections 1(A) and 25; Indian Penal Code (IPC) - Sections 191 and 193; Rules of Court, 1952 - Rule 1(2)

question for consideration.6. In order to deal issue it is necessary to indicate Section 16(1) of the Advocates Act, 1961, (in short the 'Act 1961') which acknowledges two classes of advocates, i.e., Senior Advocates and other Advocates. Section … make rules. Section 49(1)(c) deals with the standards of professional conduct and etiquette to be observed by advocates. Section 49A deals with the power of the Central Government to make rules.Part VI, Chapter II of the Bar Council … any person (not even as an advocate) to appear in a particular case. Though not specifically provided in Advocate Act, or rules of Bar Council of India, or rules of State Bar Council, the advocate, however, has to

Vidarbha Maharogi Seva Mandal Vs. The Member, Maharashtra Revenue Trib ...

Court : Mumbai Nagpur

Subject : Land Acquisition

they had become absolute owners thereof by virtue of sub-section (1) of Section 46 and sub-section (1) of Section 49A of the said Act, as they were in cultivating possession of the lands in question on the tillers' … S.D.O. Reveals that the petitioner trust is in existence since atleast 1957. Under these circumstances, the arguments of Advocate Deshpande depending upon date of registration of the petitioner-trust are misconceived and unsustainable. 10. Perusal of explanation to … to the petitioner-Trust on 3-10-1950. The Trust was registered in the year 1961-1962 as a Public Trust. The tenancy continued and Bhagwansingh died in the

Harikishan and ors. Vs. Krishna Dhanaji Shelki and anr.

Court : Mumbai

Subject : Tenancy

Acts : Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 2(12), 2(13), 2(16), 2(21), 21, 31A, 33B, 33B(5), 34(2), 36, 36(3), 38, 38(1), 38(2), 38(3), 38(4), 38(5), 38(6), 39, 39A, 41, 42, 43, 43(14-A), 44, 45, 46, 47, 48, 49, 49A, 49A(4), 49A(5), 50, 52, 84, 88D and 88C; Code of Civil Procedure (CPC), 1908 - Order 7, Rule 7; Constitution of India - Article 31A; Special Tenancy Act

Reported in : AIR1977Bom330; 1976MhLJ537

intent.25. The Division Bench decision in Special Civil Applns. Nos. 1263 of 1961; 943 of 1960 and 785 of 1962, decided respectively on 16-3-1962, 9-1-1964 … of Sections 41 to 50 of the Act. The remote possibility of the landlord getting the land under Section 49A (5) read with Section 21 due to tenant's disability to purchase is not relevant in this context. The … also on its being the principal source of income. That is why Shri R. R. Deshpande, the learned Advocate for the petitioner, strenuously urged that events subsequent to the institution of the proceedings cannot be taken into

Bengal Assam Steamship Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 154

Reported in : [1978]114ITR327(Cal)

Section 154 of the Income-tax Act, 1961, should be computed from the order of the Income-tax Officer under Section 49A of the Indian Income-tax Act, 1922, dated, February 22, 1961, and not from his order dated September 4, … Deb, J. 1. The following questions are involved in this reference under Section 256(2) of the Income-tax Act, 1961 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law … as the assessee's applications for rectification were time-barred.5. Dr. D. Pal, learned advocate for the assessee, contended before us that the time to make an

Pratap Chandra Mehta Vs. State Bar Council of M.P. and ors

Court : Supreme Court of India

Subject : Civil

Acts : State Bar Council of Madhya Pradesh Rules - Rules 121, 122A; Advocates Act, 1961 - Section 15(1) (2), 24(1)(e), 49, 35, 36, 37, 2(a), 4, 3, 6, 7, 8, 54, 28, 47 A(1)(a); U.P. Panchayati Raj, Act, 1947. - Section 14, 11(1); U.P. Municipalities Act, 1916 - Section 87A

(for short, the `M.P. Rules') are ultra vires Section 15 of the Advocates Act, 1961 (for short, `the Advocates Act'), inter alia for the reason … Council of Madhya Pradesh Rules (for short, the `M.P. Rules') are ultra vires Section 15 of the Advocates Act, 1961 (for short, `the Advocates Act'), inter alia for the reason that there is no nexus between the rule … the Advocates Act they will not take effect unless they have been approved by the Central Government. Under Section 49A of the Advocates Act, the Central Government is vested with the general power of making rules and these

Sri. Anil Kumar K N, vs Bar Council of India

Court : Kerala

State Bar Council (s) to continue to function beyond their extended tenure under Section 3 of the Advocates Act, 1961 in order to complete the process of verification and in order to ensure that the non- practicing Advocate … vests with the BarCouncil of India, the power to make Rules for discharging its functions under the Act. Section 49A gives power to the Central Government to make rules by notification in the official gazette for carrying out