Court : Rajasthan Jodhpur
..... a similar kind of enactment is in existence in the state of andhra pradesh in the name of the andhra pradesh advocates' welfare fund act, 1987 .. ..... -10- in the state of orissa also the orissa advocates' clerks welfare fund act, 2008 . ..... the kerala advocates' clerks welfare fund act, 2003 . ..... is in operation and that too provides advocates welfare fund and several other amenities to the advocates' clerks. ..... was enacted by the state legislature of the state of kerala for constitution of a welfare fund for benefit of advocates' clerks. ..... while feeling necessity of the provisions for regulating service conditions of the advocates' clerks, the court is aware about the limitations of its authority in giving directions to frame the provisions, therefore, instead of giving any direction as claimed for, i deem it appropriate to direct the state government to constitute a committee under the chairmanship of the secretary to the government of rajasthan, department of law to examine viability of an enactment for welfare of the advocates' -11- clerks. ..... under the act of 2003 a fund has been established to ensure welfare of the advocates' clerks. ..... pertinent to mention here that the rules of the gauhati high court enacted under the assam high court order 1948 also provides several protections to the advocates' clerks. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD266; 2001(2)ALT419
..... advocates welfare fund act, 1987, the government by notification constitute a fund to be called the andhra pradesh advocate's welfare fund and all the amounts paid under section 12, any contribution made by the bar council, any voluntary donation or contribution made to the fund by the bar council of india, any bar association, any other association or institution, any advocate or any other person, any grant made by the central government or the state government to the fund, any sum borrowed under section 10, any profit or dividend received from the life insurance corporation of india in respect of policies of ..... this writ petition is filed to issue a writ or direction quashing the proceedings of the respondent in roc no.apwf/419/92 dated 2-12-1992 and for a consequential direction to grant the death benefits of late sri shaik mahaboob, advocate, guntur entitled under the andhra pradesh advocates welfare fund act, 1987 to the petitioners with interest from june, 1989 and costs.2. ..... advocates welfare fund act, 1987 which is as under:' the bar council of the state of andhra pradesh had represented originally in 1975 and later in 1985 for the formulation of some welfare schemes for the advocates of the state of andhra pradesh ..... . the respondent is directed to grant the death benefits of late sri shaik mahaboob, advocate guntur entitled under the andhra pradesh advocates welfare fund act, 1987 to the petitioners herein within eight weeks from the date of receipt of copy of this .....
Tag this Judgment!Court : Chennai
Reported in : (2009)6MLJ107
..... these appeals are filed by the bar council of tamil nadu and the government of tamil nadu against the common order of the learned judge dated 9.3.2007 made in w.p.nos.1991 of 1996, 11133 of 1998, 1932 of 2003 and 4533 of 2004, by which the learned judge has struck down a proviso to explanation ii(5) to section 16 of the tamil nadu advocates' welfare fund act, 1987 (for brevity, 'the welfare fund act').2. ..... krishnan, learned senior counsel that under section 3(2) of the welfare fund act, while speaking about the source of advocates welfare fund, various sources are explained, including the contributions and payment of subscriptions, which includes the payment by bar council from the enrollment fees and in such circumstances, and when the contribution of the contesting respondents is also forming part of the advocates welfare fund, there is no authority on the state government or the bar council to discriminate and distinguish between the advocates for the purpose of providing the lumpsum benefit from the advocates welfare fund.23. ..... 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. .....
Tag this Judgment!Court : Chennai
Reported in : AIR2007Mad205; (2007)2MLJ824
..... the object 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 as follows:16. ..... when the petitioners also discharge the very same nature of work as that of the advocates straight from the law college and they also adhere to all the other mandates under the welfare fund act, it is quite discriminatory to group them as a separate class to deprive them of the benefits flowed from explanation ii (5) of section 16 of the tamil nadu advocates welfare fund act. ..... the sum and substance of the counter filed by the respondents reads as follows:the proviso to explanation ii (5) to section 16 of the tamil nadu advocates welfare fund act, 1987 imposes a reasonable condition that a legal heir of an advocate who was in receipt of pension, gratuity or other terminal benefits from any state government or the central government or any other authority or an employer shall not be entitled to payment of the lumpsum amount under the scheme of the act. ..... the advocates, who pay membership fee, subscription fee and affix the welfare stamp alone are entitled to the benefits under the tamil nadu advocates welfare fund act. .....
Tag this Judgment!Court : Chennai
Reported in : 2007(4)KLT19
..... the object 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 as follows:16. ..... when the petitioners also discharge the very same nature of work as that of the advocates straight from the law college and they also adhere to all the other mandates under the welfare fund act, it is quite discriminatory to group them as a separate class to deprive them of the benefits flowed from explanation ii (5) of section 16 of the tamil nadu advocates welfare fund act. ..... the sum and substance of the counter filed by the respondents reads as follows:the proviso to explanation ii (5) to section 16 of the tamil nadu advocates welfare fund act, 1987 imposes a reasonable condition that a legal heir of an advocate who was in receipt of pension, gratuity or other terminal benefits from any state government or the central government or any other authority or an employer shall not be entitled to payment of the lumpsum amount under the scheme of the act. ..... the advocates, who pay membership fee, subscription fee and affix the welfare stamp alone are entitled to the benefits under the tamil nadu advocates welfare fund act. .....
Tag this Judgment!Court : Delhi
Reported in : 166(2010)DLT558
..... out of the said amounts, the cellular operators association of india has volunteered to donate a sum of rs 7.5 lacs to sos children village of india, a-7 nizamuddin west, new delhi and a sum of rs 7.5 lacs to the delhi high court bar association for its advocates welfare fund. ..... whether it is the district consumer forum or the state consumer forum or the national consumer forum, they have to function within the precincts of the consumer protection act, 1986 and they have to decide the quantum of compensation on a case to case basis. ..... insofar as the directions contained in paragraph 40 are concerned, we find that the same are also outside the scope and purview of the state commission inasmuch as directions have been given to the trai, which is the sole regulatory body under the telecom regulatory authority of india act, 1997. ..... with regard to the penalties of rs 50 lacs and rs 25 lacs, as indicated in paragraphs 38(i) and 38(ii) of the impugned order, we find that the state commission does not have any power for making a penalty order other than the power given under section 27 of the consumer protection act, 1986. ..... we also feel that the parties, who wish to approach the national commission in respect of the directions given in paragraph 38 (iii) of the said act, ought to be permitted to do so.9. ..... we find no reference to any such fund under the consumer protection act, 1986. .....
Tag this Judgment!Court : Delhi
Reported in : 140(2007)DLT509; 2007(96)DRJ589
..... 2000/- payable to advocates welfare fund. ..... the relevant provisions of the pharmacy act are as under:- section 12 of the pharmacy act is as under:section 12(1):-any authority in the state, which conducts a course of study for pharmacists may apply to the central council for approval of the course, and the central council, if satisfied, after such enquiry as it thinks fit to make, that the said course of study is in conformity with the education regulations, shall declare the said course of study to be an approved course of study for the purpose of admission to an approved examination for pharmacists. ..... 2 asserted that examination of an institution should be held by an examining authority which should either be a statutory indian university or a body constituted by the central and the state government and that the examining authority has to be approved by the pharmacy council of india under section 12(2) of the pharmacy act for the conduct of examination and the approval would be granted only if the examining authority fulfills the conditions specified in appendix c of the education regulation, 1991. .....
Tag this Judgment!Court : Kolkata
..... soon after incorporation as a public limited company, between 28th march, 1984 and 30th march, 1984 the assessee raised a welfare fund of rs.4 crores from assam frontier tea limited, singlo (india) co.ltd.and empire plantation (india) ltd.all the aforesaid three companies also belonged to apeejay group of companies and controlled by the same mr.jeet pal and mr.surindra pal. ..... 18th august, 2000 passed by the learned income tax appellate tribunal, e bench, calcutta pertaining to the assessment year 1988-89 affirming an order of the cit(a) allowing exemption under section 10(22a) of the income tax act (hereinafter referred to as the act ).the following questions of law were formulated at the time of admission of the appeal:i)whether on the facts and in the circumstances of the case, the income tax appellate tribunal was justified in law in granting exemption under section 10(22a) of the act ignoring the fact that the assessee had lent money on interest ..... mr.kapoor, learned senior advocate, on the other hand contended that the assessee exists solely for the philanthropic purposes and not for any purpose of profit ..... (j2) in the high court at calcutta special jurisdiction (income tax) original side present: hon ble justice girish chandra gupta and hon ble justice indrajit chatterjee ita no.32 of 2001 commissioner of income tax, central i, calcutta versus apeejay medical research & welfare association (p) ltd.advocate for the appellant: mr.s.b.saraf, adv.advocate for the respondent: mr.s.k .....
Tag this Judgment!Court : Supreme Court of India
..... statement of objects and reasons - the advocates' welfare fund act, 2001: the advocates' welfare fund act, 2001 enacted by the parliament enjoins the appropriate government to constitute a fund to be called the "advocates' welfare fund" with the object of providing social security in the form of financial assistance to junior lawyers and welfare scheme for indigent or disabled advocates. ..... 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. .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)GLR690; (1972)ILLJ253Guj
..... both the learned advocates no doubt attempted to make a distinction from the settled legal position on the ground that the concept of employment was sought to be extended by an artificial definition in this act to cover this contract labour and home-workers, and that is why the present restrictions were unreasonable, especially when the act was sought to be applied without laying down any limit on number of workers which must be employed in the manufacturing process before the act is applied to such an establishment. ..... if, therefore, the industrial dispute legislation can be supported under this wider entry regarding the welfare of labour, it is obvious that the present act, which has only a limited scope of laying down conditions of employment, would surely to covered in this wide entry including even the provision of the artificial definition of employment, whereby the legislature seeks to prevent circumvention or evasion of the benefits of this salutary labour welfare measure. ..... their lordships in this connection relied upon the widest entry 27 'welfare of labour, conditions of labour, provident fund, employer's liability and workmen's compensation, health insurance, invalid pensions, old age pensions. ..... entry 23 is social security, employment and unemployment; and entry 24 is welfare of labour including conditions of work, provident funds, employer's liability, workmen's compensation, invalidity and old age pensions and maternity benefits. .....
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