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Karnataka State Level Advocates' Clerk's Association (R) Vs. State of ...

Court : Karnataka

Reported in : ILR2008KAR2700; 2008(4)KCCRSN307

..... accordingly, the petition is disposed of with a direction to the first respondent to constitute a fund called the 'karnataka registered clerk's welfare fund' as contemplated under section 27 of the karnataka advocates welfare fund act, 1983 and notify the rules as expeditiously as possible, but not later than six months from today. ..... , to the registered clerks of advocates in the state of karnataka, in terms of section 27 of the karnataka advocates welfare fund act, 1983.2. ..... as such, the petitioner is before this court stating that section 27 of the karnataka advocates well are fund act, 1983 (hereinafter referred to as 'the act' for brevity) makes it mandatory for the state government to constitute a fund called the 'karnataka registered clerks' welfare fund'.4. ..... one of the manners indicated therein is for providing the bar council with the clerks welfare fund stamps, which would be affixed to the vakalathnama that would be filed by the advocates in the manner what is being done in the case of advocates welfare fund and this is an aspect which is to be considered by the state government and such method of distribution of the welfare fund stamps is to be assigned to the bar council by the state government.9. ..... the first respondent in fact has realised that there is an obligation under section 27 of the said act to constitute such welfare fund but has only explained the procedural aspect in doing so. .....

Pragatisheel Adhivakta Sahayak Kalyan Sansthan and anr. Vs. the State ...

Court : Patna

..... circumstances, when the state has felt the necessity of promulgating a welfare scheme for the advocates of the state by bringing into force the bihar state advocates welfare fund act, 1983 and the bihar state advocates welfare fund rules, 1984, there cannot be any justification why such a welfare scheme should not be promulgated for the welfare of advocates clerks who generally belong to a segment of the society which ..... it may be made clear that for the purposes of providing a welfare scheme for the advocates of the state, the bihar state advocates' welfare fund act, 1983 and the bihar advocates welfare fund rules, 1984 have been promulgated by the state of bihar according to which welfare stamps were to be affixed on every vakalatnama without which no vakalatnama was ..... similar other benefits for the advocates' clerks of patna high court who are registered under the provision of chapter xviii of part iv of patna high court rules, 1916 as has been provided in the states of west bengal and andhra pradesh which had enacted west bengal law clerks act, 1997 (annexure-13) and andhra pradesh advocates clerks' welfare fund act, 1992 (annexure-4) and andhra pradesh welfare fund rules, 1992 for the said ..... on 23.05.2007 stating that it has got no objection for introduction of welfare scheme of the advocates clerks as they are part and parcel of the institution, but the bihar state bar council had no authority to make any such act, rule and regulations, rather such power is vested in the state .....

Karnataka State Bar Council and anr. Vs. P. Janakiram

Court : Karnataka

Reported in : AIR2003Kant1; ILR2002KAR4363; 2002(5)KarLJ357

..... the learned counsel for the appellants vehemently submitted that as per the karnataka advocates' welfare fund act, 1983, and the rules framed thereunder the respondent-advocate is not entitled for any benefit as he has not indicated the date of retirement or cessation of practice as required in ..... at annexure-b the respondent-advocate preferred an appeal under section 21 of the karnataka advocates' welfare fund act, 1983 (hereinafter referred to as 'the act'). ..... the respondent herein as a member of the karnataka advocates' welfare fund, filed an application for payment of retirement benefits ..... -'an act, to provide for the constitution of a welfare fund for the payment of retirement benefits to advocates in the state of karnataka and for matters ..... whereas, it is expedient to provide for the constitution of welfare fund for the payment of retirement benefits to advocates in the state of karnataka and for matters connected therewith ..... to be read harmoniously as a legislation meant for providing welfare fund for an advocate on retirement. ..... of the matter the learned judge was in error in holding that section 16(3) gives an advocate the right to continue practice and to claim retirement benefit without declaring his intention to retire ..... clear that the respondent who is the member of the advocate association is entitled to the benefit of section 16(3} of the act in the event of cessation of practice or retirement. ..... advocate appearing for the appellants drew our attention to section 16(3) of the act .....

The Executive Engineer, Zilla Parishad Engineering Sub-division and an ...

Court : Karnataka

Reported in : AIR2001Kant53

..... of the karnataka advocates welfare fund act, 1983. ..... there being no exception created in favour of the state law officers who are none else, but the advocates enrolled under section 17 of the advocates' act, 1961, in my opinion, they are also liable to pay the welfare fund stamp under the karnataka advocates' welfare fund act and to affix the same on the vakalathnama and if the same is not affixed, the court is bound to ..... person who is enrolled on the roll of the state bar council is an advocate including a legal practitioner whose rights have been protected and saved under section 55 and if he is ordinarily practising in the state of karnataka, he is bound to pay the karnataka advocates' welfare fund stamp and to affix the same on the vakalathnama filed by him or her ..... section per se reveals that it is mandatory on every advocate to affix the welfare fund stamp on every vakalathnama filed by him and section 23(1) prohibits the courts, tribunals and other authorities from receiving any such vakalathanama on which advocates' welfare fund stamp is not affixed. 5. ..... has refused to accept the appearance and vakalathnama put up by the additional government pleader, laxmeshwar, as it did not contain the advocates' welfare fund stamp which is required by law to be affixed on the vakalathnama. 3. ..... parte, the learned additional government pleader should be given an opportunity to file the vakalathnama withthe karnataka advocates' welfare fund stamp affixed thereon, before proceeding ex parte. .....

S.Seshachalam and Ors.Etc. Vs. Chairman Bar Council of Tamilnadu and O ...

Court : Supreme Court of India

..... similar challenge is made to section 1(3) of the bihar state advocates' welfare fund act 1983 which excludes the persons who have retired from service and are in receipt of retiral benefits from their employers from the purview of the bihar state advocates' welfare fund act. ..... as the appellants are already in receipt of pension from their employers, in our view, there is no arbitrariness in excluding them from the applicability of bihar state advocates' welfare fund act 1983. ..... corresponding acts of various states namely kerala advocates welfare fund act (section 15), orissa advocates welfare fund act (section15) and rajasthan advocates welfare fund act (section16) contain similar provisions making differentiation between advocates who enrolled themselves as advocates after demitting their office and the other class of advocates who enrolled as advocates straight from the law college and set up the practice. ..... the objects and reasons of tamil nadu advocates' welfare fund act reads as under:- statement of objects and reasons tamil nadu advocates welfare fund act, 1987 (tamil nadu act 49 of 1987) "the constitution of a welfare fund for the payment of retirement benefits to the advocates in the state of tamil nadu and for conferring on them the benefits connected therewith or incidental thereto has been engaging the attention of this government for quite some time. .....

Sri. Channabasappa Lingappa Mokhashi Vs. Karnataka State Bar Council

Court : Karnataka

..... therefore, he surrenders his sanad and takes benefits that were available to the advocate who surrenders their sanad from the karnataka advocates welfare fund under the karnataka advocates welfare fund act, 1983 ( the act for short). ..... at the rate of ten thousand rupees for every completed year of practice subject to a maximum of rupees three lakhs namely:- (i) an advocate who becomes member after attaining an age of forty years except those who have become 13 members prior to the commencement of the karnataka advocates welfare fund (amendment) act, 2010; (ii) an advocate enrolled after attaining an age of forty years; (iii) an advocate who has voluntarily suspended practice for a period exceeding three years for the purpose of any employment, avocation ..... provided also that a member who has already paid a lumpsum amount of rupees fifteen thousand before the date of commencement of the karnataka advocates welfare fund (amendment) act, 2017 shall pay the balance amount of rupees ten thousand within one year from the date of such commencement or pay a sum of rupees one thousand every year on or before thirty first day of december till .....

M. Mohan Shet and Others Vs. the State of Karnataka and Others

Court : Karnataka

Reported in : 1992CriLJ1403; ILR1991KAR4347

..... and 9, which read as follows :'the learned counsel sri madhava rao appearing for the petitioner submits that in view of the fact that the petitioner finds it exceedingly difficult to secure the services of any advocate to defend his case this court may consider the desirability of granting the prayer in the transfer petition. ..... the accused is satisfied that he is defended properly the proceeding should not be allowed to proceed and in this case the accused swears to an affidavit to the effect that he found exceedingly difficult to get an advocate to defend his case and that he approached several advocates but nobody was taking up his case in order to defend him. ..... 'the petitioner categorically states that he could not secure the services of any advocate at karimnagar to defend him and that he entertains a reasonable apprehension as regards the fair treatment of his case from the hands ..... position that where no practitioners in a district ordinarily employed in criminal cases is willing to act for the accused, it is a good ground for transfer of the case to another district ..... is said :'where no practitioner in a district ordinarily employed in criminal cases is willing to act for the accused, it is a good ground for transfer of the case to another district. ..... (2) the high court may act either on the report of the lower court, or on the application of a party interested, or on its own initiative; provided that no application shall lie to the high court for transferring a case from one .....

Chandrana Brothers Vs. Jalajalaxmi S. Bhat

Court : Karnataka

Reported in : AIR1985Kant33; ILR1984KAR141

..... advocate appearing on behalf of the petitioners, urged that the trial court has acted in excess of its jurisdiction in imposing terms while granting leave unconditionally. ..... 3867 of 1983 submitted that the c.r.p. ..... 3867 of 1983 has been admitted and the impugned order has been stayed. c.r.p. no. ..... they have challenged the order dated 25-10-1983 passed on i. a. s. ..... 129 of 1983 on the file of the principal civil judge, mangalore. ..... 3867 of 1983 has been filed by defendants 1, 3 and 4 in o. s. no. ..... 3867 of 1983. ..... prior to the coming into force of act 104 of 1976 0. 37 r. 3 c. p.c. ..... 3867 of 1983.3. ..... these two sub-rules have been split into sub-rules (1) to (7) by the amending act. .....

State of Kadugodi Police, Bangalore Vs. Gulzar Khan

Court : Karnataka

Reported in : 1996CriLJ624; ILR1995KAR2626; 1995(6)KarLJ721

..... ., the court ruled that it was necessary for the prosecution to show some act or conduct on the part of the accused from which a reasonable inference may arise that the witnesses have gone back on their statements as a result of an intervention by or on behalf of the accused, to allow a prayer for cancellation of bail ..... . state of karnataka, 1989 crl lj 1050, a learned single judge of this court held that it lays down a salutary guideline to a principle to be applied to and acted on in cases in which the offence charged is murder and in which the investigation is incomplete ..... . 29, 1983 when he moved an application for anticipatory bail under section 438 of the criminal p.c ..... . was added and applied for anticipatory bail but the court proceeded to grant the same in spite of opposition by the public prosecutor on 30th september 1983 ..... . on august 24, 1983 .....

Managing Director, Karnataka Power Corporation Ltd. Vs. Geetha and ors ...

Court : Karnataka

Reported in : II(1987)ACC1; AIR1989Kant104

..... when the courts award damages to a widow under the fatal accidents act, they award one lump sum calculated by taking the yearly pecuniary loss and multiplying it by a number of years' purchase. ..... but having regard to the general discretion under s.110-cc of the 'act' is not strictly necessary to award different rules of interest on different heads of damages and a rate can yet be tailored which, as a composite rate, may take into account the different considerations that guide the award of interest on ..... withdrawn by the claimant-, during the pendency of the proceedings before the tribunal sri ramachandra rao says that in view of this withdrawal, the claimants must be held to have claimed compensation under the workmen's compensation act, 1923 and that, accordingly, the claim petition under s. ..... there is no reason why this class of holders of funds should alone receive separate treatment. ..... the provisions are a piece of social and welfare legislation. ..... british railways board, (1983-2 ac 773).lord diplock said:'my lord, in cookson v. ..... british railways board, (1983) 2 ac 773, observed :'...cookson v. ..... on 20-4-1983, ravindra, in the course of the employment, was travelling in appellants van (mye-5007) to bangalore. .....