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State of Bihar and anr. Vs. Bal Mukund Sah and ors.

Court : Supreme Court of India

Reported in : AIR2000SC1296; JT2000(3)SC221; 2000(2)SCALE415; (2000)4SCC640; [2000]2SCR299

..... no candidate who does not belong to a scheduled caste or a scheduled tribe shall be allowed to take more than five enhances at the examination ; (b) be a graduate in law of a university recognised by the governor or a barrister-at-law or a member of the faculty of advocates in scotland, or an attorney on the rolls of a high court, or possess other educational qualifications which the governor may, after consultation with the high court and the commissions, decide to be equivalent to those prescribed above; and(c) be a practitioner ..... not already in the service of his majesty shall only be eligible to be appointed a district judge if he has been for not less than five years a barrister, a member of the faculty of advocates in scotland, or a pleader and is recommended by the high court for appointment. ..... despite the aforesaid observations, the stand of the respondent high court that for recommending direct recruitment of advocates as district judges the suggested preference to be given to reserved category candidate of equal merit with general category candidate has to be followed by the high court as agreed to in the present proceedings till appropriate scheme of reservation ..... article 233 sub article (2), even though the minimum eligibility qualification laid down under the said provision is that the candidate should have been practising for not less than seven years as an advocate or a pleader, any further eligibility as belonging to a reserved category is envisaged for a given post. .....

N. Devasahayam Vs. State of Madras, by Secretary, Home Department and ...

Court : Chennai

Reported in : (1958)1MLJ38

..... flowing from this construction of article 311 that it does not apply to ' any reduction in rank ' not ordered as a punishment the learned advocate-general urged that any other variation in the order of seniority to the prejudice of an officer in the civil service could not give rise to a right whose violation could be remedied by invoking the ..... in the service of his majesty shall only be eligible to be appointed a district judge if he has been for not less than five years a barrister, a member of the faculty of advocates in scotland or a pleader and is recommended by the high court for appointment. ..... the service of the union or of the state shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the high court for appointment.234. ..... however dealing with the submission of the learned advocate-general, i shall set out and discuss ..... based on that, it was urged by the learned advocate-general that the rule of expressly unius was attracted and that the service rules whose violation could give rise to enforceable claims were (a) in relation to punishments, (b) the punishments being ..... had been recruited from, inter alia, advocates of three to six or seven years ..... . the argument addressed by the advocate-general of india to the federal court in support of asubmission that under section 240 the tenure of civil officers was wholly at pleasure subject to one condition that the dismissal must be by an .....

State of Punjab Vs. Om Parkash Dharwal and anr.

Court : Punjab and Haryana

Reported in : 1972CriLJ1349

..... (2) a person not already in the service of his majesty shall only be eligible to be appointed a district judge if he has been for not less than five years a barrister a member of the faculty of advocates in scotland, or a pleader and is recommended by the high court for appointment. ..... those observations merely notice the contention made ex concessis by the learned advocate-general and apparently based upon the judgment of this court in manmohan singh tandon's case. ..... (2) a person not already in the service of the union or of the state shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the high court for appointment.article 234. ..... i am unable to find a word in this judgment which could possibly lend support to the doctrine advocated on behalf of the respondent.49. .....

The State of West Bengal Vs. Nripendra Nath Bagchi

Court : Supreme Court of India

Reported in : AIR1966SC447; (1968)ILLJ270SC; [1966]1SCR771

..... [2] a person not already in the service of his majesty shall only be eligible to be appointed a district judge if he has been for not less than five years a barrister, a member of the faculty of advocates in scotland, or a pleader and is recommended by the high court for appointment. ..... at an earlier hearing this court ordered that notices be issued to all the advocates general of the states and to the high courts, because the questions involved were of considerable general and constitutional importance. .....

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

Court : Supreme Court of India

Reported in : JT2009(9)SC199; 2009(9)SCALE206; (2009)8SCC273; 2009(3)SLJ385(SC); 2009(7)LC3083(SC)

..... pleader of any high court, or of two or more such courts in succession: provided that a person shall not, unless he is, or when first appointed to judicial office was, a barrister, a member of the faculty of advocates or a pleader, be qualified for appointment as chief justice of any high court constituted by letters patent until he has served for not less than three years as a judge of a high court. ..... (3) a person shall not be qualified for appointment as a judge of a high court unless he - (a) is a barrister of england or northern ireland, of at least ten years standing, or a member of the faculty of advocates in scotland of at least ten years standing, or (b) is a member of the indian civil service of at least ten years standing, who was for at least three years served as, or exercised the powers of, a ..... person has held judicial office in the territory of india, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a high court or has held the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law;(aa) in computing the period during which ..... this sub-section the standing of a barrister or a member of the faculty of advocates, or the period during which a person has been a pleader, any period during which the person has held judicial office after he became a barrister, a member of the faculty of advocates, or a pleader, as the case may be, shall be included.analysis .....

Lloyds Banking Group Plc Vs. Lloyds Tsb Foundation for Scotland

Court : UK Supreme Court

..... the dean of faculty forcefully advocated the foundation's case as reflecting an appropriately mechanical application of the combination of clauses 1 and 3. ..... like lord clarke, i was inclined at the end of the argument to accept the dean of faculty's submission that the phrase "group profit before taxation shown in the audited accounts" in clause 1 of the 1997 deed should be given its ordinary meaning. ..... but, as the table produced by the dean of faculty demonstrated, there had over the years been considerable discrepancies in particular years between the group profit before tax and the actual dividend payments made by individual group companies. ..... at the end of the argument i was inclined to accept the submissions made by the dean of faculty on behalf of the foundation. ..... as the dean of faculty pointed out, the unrealised gain on acquisition was due to lloyds tsb group's decision to acquire hbos in january 2009 by which date ifrs 3 had already been issued. ..... the dean of faculty suggested that this was not unfair because, if the unrealised gains did not in fact materialise, that would inure to the foundation's detriment in the calculation of group profit or loss before taxation in future accounts. ..... the dean of faculty submits that this conclusion would create problems in later accounting periods. .....

Manilal (Manibhai) Gopalji Desai Vs. the Union of India

Court : Mumbai

Reported in : (1959)61BOMLR976

..... the act similarly empowers this high court to provide for the special reservation of seats in the council to advocates entitled as of right to practise on the original side and to barristers, provides they have a certain minimum standing ..... find that in the list maintained by the bar council the relevant information is given against the names of advocates who were as of right entitled to practise on the original side prior to 7-11-49 and those who are ..... out that the provisions empower the high court to make a reservation only in respect of advocates who have practised for a certain minimum period and thus presumably possess some additional qualifications. ..... of the bar council for this high court now is (a) advocate general (b) four persons nominated by the high court, (c) 10 persons elected by the advocates of whom 4 will be persons entitled to practise on the original side of the high court and out of these 4, 2 will be barristers of england or ireland or members of the faculty of advocates in scotland. ..... period of ten years, been entitled to practise in the high court in the exercise of its original jurisdiction, and four, out of the said one half, shall be barristers of england or ireland or members of the faculty of advocates in scotland. ..... to practise in the high court in the exercise of its original jurisdiction, and such number as may be fixed by the high court out of the said proportion shall be barristers of england or ireland or members of the faculty of advocates in scotland. .....

Aswini Kumar Ghosh and anr. Vs. Arabinda Bose and anr.

Court : Supreme Court of India

Reported in : AIR1952SC369; [1953]4SCR1

..... the proper interpretation of its scope, and inasmuch as that clause supersedes only those provisions of the bar councils act, and of any other law which exclude persons not entered in the roll of advocates of a high court from the right to practise in that court, the enacting clause must be construed as conferring only a right co-extensive with the disability removed by the opening clause; that is ..... of its ordinary original jurisdiction, was the successor of the supreme court, and that, on the appellate side, it inherited the jurisdiction and powers of the sudder courts, with the result that advocates were allowed only to appear and plead instructed by attorneys empowered to act on the original side as in the supreme court, while on the appellate side, they were allowed both to act and ..... rule 38, of the original side of the calcutta high court provides as follows :- 'an advocate of any other high court or chief court may with the permission of the chief justice appear and plead for parties in matters arising in or out of the original jurisdiction, or in or out of appeals therefrom, provided he is a member of the bar of england or of northern ireland, or a member of the faculty of advocates in scotland, or a person entitled to appear and plead on the original side ..... in the exercise of its original jurisdiction, and such number as may be fixed by the high court out of the said proportion shall be barristers of england or ireland or members of the faculty of advocates in scotland.' 93 .....

Anderson (Appellant) Vs. Shetland Islands Council and Another (Respond ...

Court : UK Supreme Court

..... she asked the dean of the faculty of advocates to assist her by nominating counsel to undertake this responsibility, but he declined to do so as he was of the opinion that her appeal could not be regarded as reasonable. ..... mr anderson undertook to consult the dean of faculty as to whether it was proper for him to continue to represent the pursuer as her counsel. .....

In Re: S.B. Sarbadhicary

Court : Mumbai

Reported in : (1907)9BOMLR9

..... made with impunity upon judges in their public capacity ; and, having regard to the fact that in this case a contempt of court was undoubtedly committed (and, as the evidence shows, not for the first time) by an advocate in a matter concerning himself personally in his professional character, their lordships agree with the conclusion at which the judges of the high court arrived, and that there was 'reasonable cause' for the order which ..... rule 180 of the court 'any barrister of england or ireland, and any member of the faculty of advocates in scotland may present an application for his admission to the roll of advocates of the court';, and on compliance with certain conditions specified in rule 181 may, under rule 182, if 'the chief justice, and judges then present in allahabad' think fit, be admitted as an advocate of the court. ..... question which their lordships have to consider is whether the publication of such a libel constitutes 'reasonable cause' for the suspension of an advocate from practice under the power conferred by the letters patent.8. ..... sar-badhicary endeavoured to draw a distinction between 'his capacity as an advocate, and his capacity as an editor,', and cited the case of in re wallace (1875) ..... sashi bhushan sarbadhicary, is a barrister of gray's inn, and an advocate of the high court of judicature at allahabad;, and he complains of an order of that court whereby he was suspended from practice in that court for a period of four years, from the 5th july 1906, for ' .....