Court : Chennai
..... , which was received by the petitioner on 31.05.2014, informed the petitioner stating that the tamil nadu advocates' welfare fund act has been amended and the death benefit under the act was enhanced from rs.2,00,000/- to rs.5,25,000/- with retrospective effect from 08.09.2012 and the government has also notified the amendment and in the meeting held on 05.07.2013, the trust committee resolved that those advocates, who have filed the application on or after 08.09.2012 and paid the admission fee of rs.1,000 ..... the petitioner seeks for issuance of a writ of certiorarified mandamus to quash the communication sent by the respondent namely the secretary, trust committee, tamil nadu advocates welfare fund, dated 28.04.2014, communicating the resolution, dated 05.07.2013 and for a direction to the respondent to continue the petitioner as life member in the tamil nadu advocates' welfare fund on 01.08.2012.3. ..... the tamil nadu advocates' welfare fund act, 1987 was enacted to provide for 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. ..... the amendment act, 1990 was enacted to provide for welfare fund for the benefit of the advocates on cessation of practice and for matters connected therewith or incidental thereto in the state of tamil nadu. .....
Tag this Judgment!Court : Chennai
..... further, it is submitted that the resolution no.3 of 2013, dated 05.07.2013, passed by the second respondent was passed much after the petitioner's application and payment of money and the petitioner's application having not been either accepted or rejected, in terms of section 15 of the tamil nadu advocates' welfare fund act, 1987, and the amount of application fee was raised from rs.200/- to rs.1000/- under in sub-section (3) of section 15, by act no.2 of 2013, dated 23.02.2013, much after the petitioner's application and payment of money, which was made on ..... amendment act, 1990 was enacted to provide for welfare fund for the benefit of the advocates on cessation of practice and for matters connected therewith or incidental thereto in the state of tamil nadu. ..... amendment act 1992 made it compulsory for every advocate appearing before any court, tribunal or other authority to fix the welfare fund stamp on every vaka-latnama to the value of two rupees in addition to the court fee stamp affixed ..... it is submitted that the petitioner cannot challenge the resolution dated 02.09.2013 on the ground that he has already paid the sum of rs.2,700/- towards welfare fund scheme, which is deficient as per the amended act. ..... by the amendment act, 2000, the death benefit payable to the nominee or legal heir of the member of the advocates welfare fund was increased from rs.1,00,000/- to rs.2,00,000/- and by the amendment act, 2013, the death benefit was increased from rs.2,00,000/- to rs.5,25, .....
Tag this Judgment!Court : Chennai
Reported in : AIR2007Mad205; (2007)2MLJ824
..... practice:1) every advocate who has been a member of the fund for a period of not less than five years shall, on his cessation of practice be paid and amount at the rate specified in the schedule:1-a) notwithstanding anything contained in sub-section (1), every member of the fund who has completed or completes twenty-five years of practice as an advocate on the date coming into force of the tamil nadu advocates welfare fund (amendment) act, 2000 shall, on completion of five years as a member of the fund and on his ..... 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. ..... of the tamil nadu advocates welfare fund act, 1987 reads as follows:an act to provide for the constitution of a welfare fund for the benefit of advocates on cessation of practice and for matters connected thereon with or incidentally thereof in the state of tamilnadu.it is also relevant for the disposal of this case to incorporate the provision under 16 of the said act which reads ..... for the foregoing reasons, i find that the proviso found in section 16 explanation ii(5) of the tamil nadu advocates welfare fund act, 1987 is ultra vires the constitutional mandate of equality before law and equal protection of laws enshrined under article 14 ..... tamil nadu have introduced an amendment to the advocates welfare fund act .....
Tag this Judgment!Court : Chennai
Reported in : (2009)6MLJ107
..... on cessation of practice:1) every advocate who has been a member of the fund for a period of not less than five years shall, on his cessation of practice be paid and amount at the rate specified in the schedule:1-a) 'notwithstanding anything contained in sub-section (1), every member of the fund who has completed or completes twenty-five years of practice as an advocate on the date coming into force of the tamil nadu advocates welfare fund (amendment) act, 2000 shall, on completion of five years as a member of the fund and on his cessation of practice ..... the object for such amendment is stated as follows:the tamil nadu advocates welfare fund act, 1987 (tamil nadu act 49 of 1987) has been enacted to provide for the constitution of a welfare fund for the benefit of advocates on cessation of practice and for matters connected therewith or incidental thereto in this state.2. ..... under section 3(1) of the welfare fund act, the government has constituted 'tamil nadu advocates welfare fund', which consists of various amounts as contemplated under section 3(2) of the welfare fund act and the said fund is maintained by a 'trustee committee' constituted under section 4 of the welfare fund act. .....
Tag this Judgment!Court : Chennai
Reported in : 2007(4)KLT19
..... practice:1) every advocate who has been a member of the fund for a period of not less than five years shall, on his cessation of practice be paid and amount at the rate specified in the schedule:1-a) notwithstanding anything contained in sub-section (1), every member of the fund who has completed or completes twenty-five years of practice as an advocate on the date coming into force of the tamil nadu advocates welfare fund (amendment) act, 2000 shall, on completion of five years as a member of the fund and on his ..... 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. ..... of the tamil nadu advocates welfare fund act, 1987 reads as follows:an act to provide for the constitution of a welfare fund for the benefit of advocates on cessation of practice and for matters connected thereon with or incidentally thereof in the state of tamilnadu.it is also relevant for the disposal of this case to incorporate the provision under 16 of the said act which reads ..... for the foregoing reasons, i find that the proviso found in section 16 explanation ii(5) of the tamil nadu advocates welfare fund act, 1987 is ultra vires the constitutional mandate of equality before law and equal protection of laws enshrined under article 14 ..... tamil nadu have introduced an amendment to the advocates welfare fund act .....
Tag this Judgment!Court : Supreme Court of India
..... payment of amount on cessation of practice (1) every advocate who has been a member of the fund for a period of not less than five years shall, on his cessation of practice, be paid an amount at the rate specified in the schedule: (ia) "notwithstanding anything contained in sub-section (1), every member of the fund who has completed or completes twenty five years of practice as an advocate on the date coming into force of the tamil nadu advocates welfare fund (amendment) act, 2000 shall, on completion of five years as a member of the fund and on his cessation of 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. ..... challenging the impugned provision and explanation ii (5) of section 16 of the tamil nadu advocates' welfare fund act, the appellants filed writ petitions contending that the benefit of welfare fund act is denied to the kin of advocates who are in receipt of pension or gratuity or other terminal benefits from any state or central government or organization is arbitrary, unreasonable and violative of article 14 of the constitution of india.5. .....
Tag this Judgment!Court : Chennai
..... the registration of the second respondent association, under the provisions of the tamil nadu advocate s welfare fund act, 1987, and the rules framed thereunder, cannot give the second respondent association the status ..... for the petitioner had further submitted that the second respondent association is registered under the tamil nadu advocate s welfare fund act, 1987, and the rules framed thereunder. ..... for the petitioner had submitted that the writ petition, filed by the petitioner, is maintainable, in view of the fact that the bar council of tamil nadu, the first respondent herein, had approved and recognised the second respondent association, under the bar council of tamil nadu act and the advocates act, 1961. ..... it had been further stated that the bye-laws of the second respondent association had been amended, by way of a resolution passed in the extraordinary general body meeting, held on 8.4.2011, without a specific agenda relating to the debarring of the members from contesting for the same post, for ..... in fact, the bye-laws of the second respondent association has been amended, based on the resolution passed in the extraordinary general body meeting, held on 8.4.2011, making it clear that a member of the said association cannot contest in its election, for the same post held ..... stated that the bye-laws of the second respondent association cannot be amended without following the procedures established by law. ..... accordingly, the corresponding amendment had been made in the bye-laws of .....
Tag this Judgment!Court : Delhi
..... amount of grant every year as their contribution to the advocates welfare fund under section 3(d) of the advocates welfare fund act, 2001, in the light of the fact that vide an order passed on 25.02.2011, the state of tamil nadu has decided to sanction annual grant upto rs.2.50 crores for the tamil nadu advocates welfare fund; the case of the petitioner is that the advocates welfare fund act, 2001 was enacted by the central government inter alia providing for constituting a welfare fund for the benefit of advocates. ..... 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 issue a writ of mandamus, or any other appropriate writ ..... 2014 page 4 of 9 by the high court of punjab and haryana at chandigarh on 11.07.2013 reads as under: increasing the amount the petitioner, who appears in person, submits that suitable amendments have been incorporated by the haryana to rs.4,60,000/- on government, cessation of practice after completing ..... of the central act empowers the appropriate government to amend the rates specified ..... further, an order passed by the punjab and haryana high court on 11.07.2013 in civil writ petition (pil) no.12680/2012 is brought on record as annexure iv to say that the following directions have been issued by the high court of punjab and haryana and .....
Tag this Judgment!Court : Delhi
..... 2 lakhs under the tamil nadu advocates welfare fund act to the kin of advocates who enrolled after retiring from service and were receiving pension, gratuity and terminal benefits was ..... and member of a tribunal appointed before the commencement of the administrative tribunals (amendment) act, 2006 shall continue to be governed by the provisions of the act, and the rules made thereunder as if the administrative tribunals (amendment) act, 2006 had not come into force: provided that, however, such chairman and the members appointed before the coming into force of administrative tribunals (amendment) act, 2006 , may on completion of their term or attainment of the age ..... of sixty- five or sixty- two years, as the case may be, whichever is earlier may, if eligible in terms of section 8 as amended by the administrative tribunals (amendment) act, 2006 be considered for a fresh appointment in accordance with the selection procedure laid down for such ..... 2006, an amendment was carried out in the administrative tribunals act, 1985 ( at act ) by administrative tribunals (amendment) act 2006 with ..... the conditions of service of the chairman and members of the cat were made equivalent to those judges of the high court by the administrative tribunals (amendment) act, 2006 with effect from 19th february 2007. .....
Tag this Judgment!Court : Supreme Court of India
..... retired employees are already in receipt of pension from the government or other employer and to make them get another retiral benefit from the advocates' welfare fund would amount to double benefit and they are rightly excluded from the benefit of the lump sum amount of the welfare ..... per section 3(2)(d) any grant made by the government to the welfare fund is one of the sources of the advocates' welfare ..... as noticed earlier, the object of the act is to provide for the constitution of a welfare fund for the benefit of advocates on cessation of ..... it is pertinent to note that the breach of the 50% limit is the principal ground of attack, of the 76th constitutional amendment 1994 which inserted as entry 257a the tamil nadu backward classes, scheduled castes and scheduled tribes (reservation of seats in educational institutions and of appointments or posts in the services under the state) 93 act, 1993 in the ixth ..... it is clear from the language of article 145(3) of the constitution and order xxxviii rule 1(1) of the supreme court rules, 2013, the matters which involve substantial questions of law as to interpretation of constitutional provisions they are required to be heard a bench of five ..... . accordingly, writ petition (c) no.1081 of 2013 filed on behalf of muslim minority schools managers' association is allowed and writ petitions ..... . 416 of 2012, 152 of 2013, 60, 95, 106, 128, 144-45, 160 and 136 of 2014 filed on behalf of non-minority private unaided educational institutions .....
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