Judgment Search Results Home > Cases Phrase: the assam advocates welfare fund act 1998 Court: karnataka Page 1 of about 1,781 results (0.228 seconds)

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

Court : Karnataka

Reported in : II(1987)ACC1; AIR1989Kant104

..... section 110-aa provides that, notwithstanding anything contained in the workmen's compensation act, 1923, where the death of or bodily injury to any person gives rise to a claim for compensation under the workmen's compensation act, the person entitled to compensation may claim such compensation under either of those acts, but not under both.in this case, claimants did not initiate and prosecute any remedy under the workmen's compensation act, 1923. ..... in the normal fatal accident case, the damages ought as a general rule, to be split into two parts: (a) the pecuniary loss which it is estimated the dependants have already sustained from the date of death up to the date of trial ('the pre-trial loss') and (b) the pecuniary loss which it is estimated they will sustain from the trial onwards ('the future loss.').2. ..... the sums so deposited, it would appear, had been withdrawn by the claimant-, during the pendency of the proceedings before the tribunal sri ramachandra rao says that in view of this withdrawal, the claimants must be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. ..... it has nothing to do with what erosion the fund suffers thereafter owing to future inflation. ..... the provisions are a piece of social and welfare legislation. .....

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 the prescribed form ..... 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 respondent herein as a member of the karnataka advocates' welfare fund, filed an application for payment of retirement benefits under the ..... -'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 connected therewith or ..... 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 or incidental ..... the whole legislation has to be read harmoniously as a legislation meant for providing welfare fund for an advocate on ..... thus, it is 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 ..... in that view of the matter the writ appeal is allowed and the order dated 29-10-1998 in w.p. no. ..... writ appeal is directed against the order dated 29-10-1998 passed in w.p. no. .....

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

Court : Karnataka

Reported in : AIR2001Kant53

..... 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 refuse to accept that vakalathnama. ..... i have perused section 23 of the karnataka advocates welfare fund act, 1983. ..... 2 of 1985, every 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. ..... ' a reading of this 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. ..... 24-1-1998 whereby the trial court 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. .....

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). ..... to reasons other than death, the member, shall be entitled to receive an amount specified in the schedule, from out of the fund: provided that the following categories of members shall be entitled to receive an amount 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 or business or for appointment to an office of chairperson, vice- chairperson or member of any commission, corporation, committee, board, body or other authority, either statutory or non-statutory .....

Canara Bank Golden Jubilee Staff Welfare Fund Vs. Deputy Commissioner ...

Court : Karnataka

Reported in : (2009)222CTR(Kar)286; [2009]308ITR202(KAR); [2009]308ITR202(Karn); [2009]184TAXMAN508(Kar)

..... is also submitted by the learned counsel for the appellant that for the relevant assessment years there was no donation or receipt of money from any third party including the bank which has not been controverted by the revenue.it is noticed that the funds of the assessee have been invested in a term deposit with a bank which is not a member of the assessee's welfare fund and earned interest on the investment made. ..... death and superannuation relief fund : [1998]234itr308(kar) this court while examining the trust deed and its various clauses and after referring to several decisions on the concept of mutuality held that the ingredients of mutuality were missing in the said case as apart from the contribution made by the members, there were other sources of funding of the trust fund, the trust fund could be augmented by contribution made by the tci management, donations, interest or other income accrued or earned from the said fund or any investments thereof ..... being aggrieved by the said orders of the tribunal the assessee has filed these appeals on the above noted substantial questions of law.under the general law relating to mutual concerns, the surplus accruing to a mutual concern cannot be regarded as income, profits or gains for the purpose of the act (section 4), and where the contributors are to receive back a part of their own contributions, the complete identity between the contributors and recipients negatives the idea of any profit, for no man can make profit out of .....

Gulisthan Shadi Mahal Trust, Bangalore Vs. the Karnataka Board of Wake ...

Court : Karnataka

Reported in : ILR2002KAR2592; 2002(3)KarLJ115

..... before the apex court, it was a common ground by both the parties, that if the trust is held to be a wakf within the meaning of the relevant provisions of the wakf act and its registration under section 28 of the act is found to be valid, the impugned regulations and the rules framed thereunder would be inapplicable to the said trust and if on the other hand, it is held that the trust is not a wakf and the provisions of the wakf act are inapplicable to it, then its registration under section 28 of the act would be invalid. ..... the 13 persons, who are the members of the managing committee of the 'islamic club' are persons interested in the wakf, and they do come within the meaning of 'persons interested therein' which finds a place in section 6(1) of the act since they are muslims and staunch followers of islam religion and they should have questioned the notification issued by the board within the period prescribed under section 6(1) of the act, for the reason, the expression 'the person interested therein' which finds a place in section 6(1) of the act is explained by apex court in board of muslim ..... , : [1998]1scr398 , punjab wakf board v. .....

Chitalia Bros. Vs. the South Indian Bank, Trichur and ors.

Court : Karnataka

Reported in : AIR1988Kant59; ILR1987KAR1242

..... the supreme court ruled that the prior mortgagee when he himself purchased the mortgaged property, becomes entitled as assignee of the equity of redemption to redeem the subsequent mortgage& if there is a conflict between the tight of the prior mortgagee as assignee of the equity of redemption to redeem the puisne mortgagee and the right of the puisne mortgagee to redeem the prior mortgagee, the right of the prior mortgagee takes priority ..... 52 of the act does not apply to the facts of the case; (3) the plaintiff having not filed a suit to set aside the order made against it under 0. ..... 95 of 1971 filed against the 1st defendant nor the doctrine of lis pendens as propounded under section 52 of the act affects his right. ..... 60 of the act touching the rights of the prior mortgagee when he himself purchased the mortgaged property. ..... that takes us to the last point for consideration, that is, whether section 52 of the- act applies to the facts of this case.mr. ..... 52 of the act nor any question was raised in that case as to the applicability of the doctrine of lis pendens ..... 17 of the indian registration act'in our view, the facts of that case are applicable on all fours to the facts in this case ..... 55(l)(f) of the act; (2) if the mortgage is valid, s ..... act (in short the act) is not applicable to court auction/sale see ilr (1986) 2 kant 3776, syndicate bank v ..... 52 of the act to court auction sales ..... 52 of the act 6 t may be strictly not applicable to court auction sale ..... 52 of the act to court auction sales .....

M/S. Kirloskar Computer Service Limited, Bangalore Vs. Union of India ...

Court : Karnataka

Reported in : 1998(98)ELT355(Kar)

..... it is apparent from a plain reading of the above, that the proviso is in the nature of an exception to the main provision and that in order that the same may be attracted it must be alleged in the show-cause notice that the duty had not been levied or paid by reason of fraud, collusion, wilful misstatement or suppression of fact on the part of the assessee or by reason of contravention of any of the provisions of the act or and the rules made thereunder with intent to evade payment of duty by such person or his agent. ..... 15488 of 1985, dd: 11-8-1992, where this court while considering the question of classification of goods under the excise act, declared that such matters have to be dealt with by the authorities under the provisions of the act, which provide a comprehensive machinery for the same including an appeal before the central excise and gold control appellate tribunal and one even to the supreme court under section 35-l. ..... he urged that even if the department were to bring the petitioner's case in the residuary item of the 1st schedule to the central excises and salt act, or the tariff act, 1985, yet it was essential for the authorities to establish further that what was sought to be subjected to duty were 'goods' and that the same were manufactured by the petitioner. .....

Shankaragouda Vs. Sirur Veerabhadrappa

Court : Karnataka

Reported in : AIR1963Mys81; ILR1960KAR766

..... that by viruses of section 116-a of the act, the provisions of order 41 rule 22 of the civil procedure code are attracted, has been accepted by the assam high court in the case of tazuddin ahmed v. ..... it is argued on the other hand, by sri krishna murthy, the learned advocate for the appellant that in spite of the reorganisation of the states, the hyderabad act xviii of 1955 continues to be in force, and hence the appellant is not disqualified for election to the mysore legislative assembly. ..... way and that such use was objectionable; it has now been contended on behalf of the appellant that mahatma gandhi's photo and the bust alleged to have been used for election propaganda purposes, are not national symbols and that their use, even if true, would not be a corrupt practice.in support of his contention, the learned advocate for the appellant has relied on two decisions of the allahabad high court; one of them is reported in : air1959all427 , karan singh v. ..... it is argued by the learned advocate for the appellant that when these items of expenditure had not even been alleged by the petitioner, there was no justification for the tribunal to have made out a special case for the petitioner on the basis of mere conjectures in regard to the expenditure that might have been incurred by the appellant on account of these items, particularly when the appellant had stated on oath that he had not incurred any expenses on account of these items. .....

Chandrakant S/o Tammanna Majagi Vs. Karnataka State Bar Council

Court : Karnataka Dharwad

..... . the bar association is a collective of advocates, and has certain statutory obligations which it is required to discharge under the advocates welfare fund act, 2001 (for short the 2001 act) ..... . the kollam bar association in writ petition no.89/2020 was pleased to observe in paragraph 10 as under: though it is contended that by the insertion of a provision for sale of welfare stamps through outlets set up by the bar council for the said purpose as well, the public duty of bar associations to supply welfare fund stamps stands terminated, i am of the clear view that the primary responsibility cast on the bar associations in the state to supply welfare stamps to their members renders them amenable to writ jurisdiction ..... . 85 - (h) to establish and manage or assist in the management of canteens, co-operative societies, legal aid centres, benevolent or welfare funds and the conduct of sports, entertainments etc ..... after consultation with such bar associations, important policy and administrative decisions such as rules to allot chambers, use of common spaces, allotment of commercial spaces, their identification (all meant for the use of the litigant public and members of the bar) earmarking of parking lots, policies and rules for designation of senior counsel under the advocates act, are - 74 - taken, more often than not, with the consultation and inputs from these bar associations, in view of their representative nature ..... . registrar of trade marks: (1998) 8 scc1 .....