Court : Karnataka
Reported in : AIR2003Kant1; ILR2002KAR4363; 2002(5)KarLJ357
K. Bhakthavatsala, J.1. This writ appeal is directed against the order dated 29-10-1998 passed in W.P. No. 4235 of 1994 on the file of this Court. 2. The brief facts of this case leading to the filing of this writ appeal may be stated as under.-The respondent herein as a member of the Karnataka Advocates' Welfare Fund, filed an application for payment of retirement benefits under the Scheme. The appellants considered the application at Annexure-A in the meeting held on 6-3-1993 and passed the following Resolution No. 41 of 1992-93 at Annexure-B. 'Resolution No. 41 of 1992-93 It is resolved to communicate the applicant that he is not eligible to the retirement benefits as he intends to continue practice and it is not the case of cessation of practice, hence, it is rejected'. 3. Aggrieved by the resolution 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 appeal was d...
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker201
ORDERK.P. Balanarayana Marar, J.1. Alapuzha Bar Association by a resolution adopted in an extraordinary general body meeting held on 10-1-1992 resolved to remove 12 members from the Bar Association. The resolution Ext. R1(b) describes them as retired hands. That resolution is under challenge in this original petition filed by the expelled members who seek a writ of certiorari or other appropriate writ or direction to strike down that resolution.2. Before joining the Bar at Alapuzha, petitioners had been in service either under the Government of Kerala, the Government of India or public undertakings. They were duly enrolled as members of the first respondent Bar Association. The Alapuzha Bar Association was incorporated under Section 28 of the Travancore Companies Act. Article 4(1) of the Memorandum of Association stipulates that membership is open to all advocates and pleaders entitled to practice in all or in any of the Civil Courts of Travancore and permanently residing within the ju...
Tag this Judgment!Court : Chennai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22. 09.2014 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD) No.1139 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 S.Sankar ... Petitioner -vs- 1.The State of Tamil Nadu rep.by by it's Secretary to Government Home (Courts-V) Department Secretariat, Chennai 2.The Secretary Trustee Committee of Advocates Welfare Fund The Bar Council of Tamil Nadu High Court Buildings, Chennai-600 114 ... Respondents PRAYER Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records passed by the second respondent in it's proceedings, dated 02.09.2013, in T.N.A.W.F.No.1491 of 2013 and quash the same in sofar as the inclusion of the petitioner's name is concerned in the annexure list and consequently direct the second respondent to issue the advocates welfare bond to the petitioner within a stipulated time. !For Petitioner : Ms.M.Padmavathy For Respondents : Mr.N.S.Karthikeya...
Tag this Judgment!Court : Chennai
Reported in : 2007(4)KLT19
ORDERM. Jeyapaul, J.1. The common prayer in all these writ petitions is to issue a writ of declaration declaring that the proviso to Explanation II (5) to Section 16(1) of the Tamil Nadu Advocates Welfare Fund (Amendment) Act, 1995 as null and void being violative of Article 14 of the Constitution of India.2. As it is felt that common pleading have been putforth by both the parties aiming at the same object all the four matters, have been clubbed together for common disposal.3. The brief averments in these petitions seeking issue of writ of declaration are as follows:The petitioners are the retired officials from various Departments. Immediately on their retirement, they, having been qualified with Law Degree, enrolled themselves as Advocates and commenced their- practice. The Tamil Nadu Advocate Welfare Fund Act, 1987 was enacted for providing succour to the Advocates community. Those who become the member of the Fund are entitled to the benefits of the Welfare Fund under the Act. All...
Tag this Judgment!Court : Chennai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19. 09.2014 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD) No.11636 of 2014 S.Sundaram ... Petitioner -vs- The Secretary Trust Committee Tamil Nadu Advocates' Welfare Fund Bar Council Building High Court Campus Chennai-600 104 ... Respondent PRAYER Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the entire records in respect of the letter No.T.N.A.W.F.No.653/2014, dated 28.04.2014 and Resolution, dated 05.07.2013, passed by the respondent, quash the same and direct the respondent to admit and continue the petitioner as life member in Tamil Nadu Advocates' Welfare Fund. !For Petitioner : Mr.S.Sundaram (Party-in-Person) For Respondent : Mr.M.Subash Babu :ORDER Reserved on :12. 09.2014 Pronounced on :19. 09.2014 With the consent of both parties, this writ petition is taken up for final disposal.2. The petitioner seeks for issuance of a writ of certiorar...
Tag this Judgment!Court : Delhi
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. 08.2018 $~ * + W.P.(C) 3574/2014 O.P. FAIZI Through: Mr. S.N. Bhardwaj, Adv. ........ Petitioner versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Ms. Suparna Srivastava, Standing Counsel for UOI. Mr. Ramesh Singh, Standing Counsel for GNCTD. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO RAJENDRA MENON, CHIEF JUSTICE (ORAL): Seeking a writ of mandamus, petitioner, a practising Advocate and an 1. elected member of the Bar Council of Delhi has filed this petition in public interest seeking the following two reliefs: Issue a writ of Mandamus, or any other appropriate writ, (i) direction or order thereby directing the... RESPONDENTS Nos.1 and 2 to take a considered and conscious decision for amending Schedule-I to the Advocates Welfare Fund Act, 2001, for upward revision and review of the quantum of payment to which Advocate Members of the Welfare Fund are entitled on cessation of practice; (ii) To ...
Tag this Judgment!Court : Supreme Court of India
Reportable 2024 INSC558IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (C) No.352 of 2023 Gaurav Kumar Petitioner Versus Union of India and Ors. Respondents With T.C.(C) No.28 of 2023 With T.C.(C) No.29 of 2023 With T.C.(C) No.30 of 2023 With T.P.(C) No.2526 of 2023 With T.P.(C) No.1982 of 2023 With T.P.(C) Nos. 2088-2089 of 2023 With T.P.(C) No.2171 of 2023 With T.P.(C) No.2123 of 2023 And With T.P.(C) No.2734 of 2023 1 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI Table of Contents A. Background .......................................................................................................... 4 B. Issues .................................................................................................................... 8 C. Submissions ........................................................................................................ 8 D. Legal background .............................................................................................. 13...
Tag this Judgment!Court : Patna
S.N. Hussain, J.1. This writ petition has been filed by Pragatisheel Adhivakta Sahayak Kalyan Sansthan, Patna through its Secretary General along with a founder of the said Sansthan which is a society registered under the Societies Registration Act in the year 1988 bearing registration No. 508/1987-88 created by and for the Advocates' clerks of Patna High Court for the welfare and for upliftment of moral, intellectual, social and financial interest of its thousands of members Advocates' Clerks.2. Through this writ petition the petitioners want issuance of a writ in the nature of mandamus directing the respondents- State of Bihar to formulate and implement a law for regularizing welfare scheme and for making other necessary provisions required for the existence, social security and 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 W...
Tag this Judgment!Court : Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE27H DAY OF MAY20146TH JYAISHTA, 1936 WA.No. 242 of 2014 () IN WP(C).33683/2007 ------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 33683/2007 of HIGH COURT OF KERALA DATED2509-2013 APPELLANT(S)/PETITIONER: ------------------------ ADV.T.P.DAYANANTHAN PADMASREE, TC31571(1), PETTAH P.O. THIRUVANANTHAPURAM. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S)/RESPONDENTS: -------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LAW DEPARTMENT, THIRUVANANTHAPURAM-695001.2. KERALA ADVOCATES' WELFARE FUND TRUSTEE COMMITTEE REPRESENTED BY THE SECRETARY OF THE TRUSTEE COMMITTEE BAR COUNCIL BUILDING, KOCHI-682031. R2 BY ADV. SRI.T.A.SHAJI (SR.) R2 BY ADV. SMT.NAMITHA JYOTHISH R1 BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON2705-2014, THE COURT ON THE...
Tag this Judgment!Court : Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE B.P.RAY THURSDAY, THE25H DAY OF JULY20133RD SRAVANA, 1935 WP(C).No. 33683 of 2007 (I) ---------------------------- PETITIONER: ---------- ADV. T.P.DAYANANTHAN, PADMASREE, T.C.31/571(1), PETTAH P.O. THIRUVANANTHAPURAM. BY ADV. SRI.A.K.HARIDAS RESPONDENTS: ------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LAW DEPARTMENT THIRUVANANTHAPURAM.2. KERALA ADVOCATE'S WELFARE FUND TRUSTEE COMMITTEE, REP. BY THE SECRETARY OF THE TRUSTEE COMMITTEE, BAR COUNCIL BUILDINGS, KOCHI. R2 BY ADV. SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2507-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT --------- NONE APPEARS. DISMISSED FOR DEFAULT257.2013 Sd/- B.P.RAY, JUDGE / TRUE COPY / P.A. TO JUDGE VK A.V.RAMAKRISHNA PILLAI, J.---------------------------------------------- W.P(C) No.33683 of 2007 ----------------------------------------------- Dated this the 25th day of Sep...
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