Court : Allahabad
Reported in : 2002(1)AWC266; (2001)2UPLBEC1715
..... common law implies such a power in the state bar council.'47. in ghanshyam singh (supra), the delhi high court relying upon its earlier decision in bar council of delhi v. bar council of india, observed that the initial nomination of the petitioner (who was nominated as director of board of directors of indian farmers fertilizer cooperative ltd.) for further orders and ..... india (supra) in para 13 of the report, the court itself observed that no such tenure has been fixed for the chairman of the state bar council under the advocates act, on the contrary the common rule that the holder of an office can be removed for a cause even if he has a fixed tenure of ..... the chairperson of the board or any member thereof if he ; (a) is or becomes subject toany disqualificationspecified in section 16 ;or (b) refuses to act or is incapable of acting or acts in a manner which the state government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the waqfs ; or .....
Tag this Judgment!Court : Allahabad
Reported in : 2001CriLJ639
..... judgment on 22-2-1999 without hearing the arguments of either party.27. let us have a look at the following rules framed by the bar council of india under section 49(1)(c) of the advocates act, 1961 prescribing duties of an advocate to the court :-section i - duty to the court1. an advocate shall, during the presentation of his ..... -1999.second order on ordersheet by which he acquitted the accused by passing the judgment in session trial no. 377/86 under sections 302/34, 394, 323/34 ipc and discharged the sureties. this order sheet is duly signed by presiding officer and also by the accused persons and there is not a whisper in the order sheet that ..... that no high court shall take cognizance of a contempt alleged to be committed in respect of court subordinate to it where such a contempt is a punishable offence under indian penal code and the allegations made in the first information report as well as the report submitted to the registrar clearly makes out an offence, if committed, punishable .....
Tag this Judgment!Court : Allahabad
Reported in : 2001CriLJ1123
..... it has been emphatically argued by the learned counsel for the petitioner that opposite party no. 5 misrepresented before the u.p. bar council to get himself registered as an advocate by declaring himself as an indian citizen. in this connection, he has referred to internal page no. 3 of the application for registration contained in annexure no. ..... 5 are vague. further, it has been contended on behalf of the petitioner that in view of the provisions of the advocates act only a citizen of india can apply for registration with the bar council and since opposite party no. 5 is not a citizen of india, he misrepresented and fraudulently got himself enrolled as an advocate ..... has been also indicated that on one hand the petitioner has filed this petition and on the other he has made representation to the bar council of u.p. under the provisions of the advocate act for cancellation of registration of opposite party no. 5 on the ground of his citizenship, although first the petitioner has to move .....
Tag this Judgment!Court : Orissa
Reported in : 1994CriLJ296; 1993(I)OLR56
..... which may give rise to professional misconduct or criminal liability depending upon the facts of each case.5. it is known that a counsel performs three functions. he acts, appears and pleads. the bar council of india has framed some rules governing advocates as finding place in part vi of the rules, chapter of which deals with restrictions on senior advocates, stating, inter ..... b.l. hansaria, c.j.1. being seized with a case in which an advocate is facing prosecution under section 419/109, ipc, the quashing of which has been prayed for in this petition, the learned single judge desired that some issues of importance relating to the administration of justice may be ..... can be said to be an act authorised by law. that this is so has been held in hiralal v. delhi administration, air 1972 sc 2598, which case dealt with the question of committing an offence under section 102-b read with sections 419, 420, 511, ipc, and section 467 read with section 471, ipc by an advocate who falsely identifies .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H55
..... jurisdiction to assess a person by determining in the first instance that the case fails within section 34, income-tax act'. we then proceeded to examine the judgments of their lordships of the privy council and of indian courts and finally it was held :'i must, therefore, hold that the jurisdiction to proceed under section 34 is ..... of proceedings for recovery of income-tax, and one of the objections taken on behalf of the income-tax authorities was that section 67, income-tax act was a bar to the jurisdiction of this court. at that time the constitution had not come into force and there was also the prohibition under section 226, government ..... submit that section 34 is applicable to the assessment years, that the conditions precedent for the operation of the amended section are fulfilled, that the notices were not barred by limitation as section 34 is a procedural section and therefore retrospective and para, (d) was denied. the respondents also submit that action had been taken under .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H114
..... of the court had to do so within 3 years of his attaining majority under article 44 of the limitation act of 1908 which is in part materia with clause (a) of article 60 of the indian limitation act, 1963. indeed, council for the parties were agreed that at least prior to 1956 it was settled law without any discordant note that ..... that they have to bet set aside is correct. it further follows that the suit so far as the appellant is concerned, is barred by limitation.'(that is by art. 44 of the indian limitation act, 1908).this view that the real contracting party is the minor himself and not merely his guardian has the seal of approval by the ..... voidable has obviously been used to convey the latter sense in sub-section (3) because by virtue of the provisions of sub-section (2) the guardian is absolutely barred from making any alienation without the prior sanction of the court. the alienation made by the guardian without the permission of the court would be against the mandatory provisions of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1952]22ITR418(P& H)
..... to assess a person by determining in the first instance that the case falls within section 34 of the income-tax act.'we then proceeded to examine the judgments of their lordships of the privy council and of indian court and finally it was held :-'i must, therefore, hold that the jurisdiction to proceed under section 34 is by ..... proceedings for recovery of income-tax, and one of the objections taken on behalf of the income-tax authorities was that section 67 of the income-tax act was a bar to the jurisdiction of this court. at that time the constitution had not come into force and there was also the prohibition under section 226 of the ..... submit that section 34 is applicable to the assessment years, that the conditions precedent for the operation of the amended section are fulfilled, that the notices were not barred by limitation as section 34 is a procedural section and therefore retrospective and paragraph (d) was denied. the respondents also submit that action had been taken under section .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2001P& H41
..... . in this regard, reference has been made to section 7(1)(h) of the advocates act, 1961. section 7 primarily deals with the functions of bar council of india, the relevant portion reads as under :-'7. functions of bar council of india:- (1) the functions of the bar council of india shall be : (a) to (g) xxx xxx xxx xxx (h) to ..... running evening sessions whereas the university is running morning and evening sessions. the consensus arrived at was communicated vide letter dated april 5, 2000 to the secretary of bar council of india categorically stating that the amended rule is not applicable to the department of laws, panjab university, chandigarh (copy of the letter is annexed as annexure ..... last 32 years and has been elected as a member of the syndicate from the faculty of law, and further an elected member of the governing body of the indian law institute, new delhi, by way of public interest litigation (cwp no. 7738 of 2000) and the candidates seeking admission to three years' degree of law .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC540; [1957]1SCR488
..... affirmed the decisions of the commissioner in january, 1926. the petitioner applied for leave to appeal to the privy council. on april 1, 1926, came the indian income tax amendment act, 1926 which added s. 66a to the indian income tax act which gave a right to appeal. the learned judges of the high court were of opinion that the petitioners had ..... he also refused to grant a certificate. notwithstanding this refusal, the appellant sought to prefer an appeal against this judgment to a division bench, and with reference to the bar created by the amendment, he contended that he had vested in him on october 7, 1920, when he commenced his action, a right of appeal to all the courts ..... neglect or default. the suit was actually filed on november 14, 1898. and the question was whether the right which had accrued to the plaintiffs on september 13, 1893, was barred by this enactment, which came into force on december 5, 1893. it was held that it was. 72. in attorney-general v. sillem [1864] 10 h.l.c. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2440; 2004(3)AWC2167(SC); [2004(3)JCR168(SC)]; JT2004(4)SC552; RLW2004(2)SC284; 2004(4)SCALE755; (2004)5SCC689; (2004)3UPLBEC2428
..... proceeding. the matter ultimately appeared to have been transferred to the disciplinary committee of the bar council of india.impugned order of the bar council: 4. the disciplinary committee of the bar council of india noticed that in relation to the aforementioned acts of omission and commission on the part of the respondents, no criminal proceeding was ..... profession is upon it. this court although enjoys extensive and wide jurisdiction under section 38 of the act, the opinion of the bar council shall carry great weight. the appellant herein had lodged complaint with the state bar council on 5.3.1995 in relation to the 3 incidents allegedly occurred on 8.10.1993, ..... 1997]1scr632 the concerned advocate assaulted his opponents with a knife. he was prosecuted and found guilty of commission of an offence under section 307 of the ipc. in the aforementioned situation, it was held that the advocate deserves the extraordinary punishment of removal of his name from the state rolls of advocates.22. .....
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