Judgment Search Results Home > Cases Phrase: the assam advocates welfare fund act 1998 Court: us supreme court Page 1 of about 1,615 results (0.242 seconds)

S.Seshachalam and Ors.Etc. Vs. Chairman Bar Council of Tamilnadu and O ...

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. .....

Janhit Abhiyan Vs. Union Of India

Court : Supreme Court of India

..... the 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 fund. ..... as per section 3(2)(d) any grant made by the government to the welfare fund is one of the sources of the advocates' welfare fund. ..... 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 practice. ..... for these retired persons, some amount of financial stability is ensured in view of the pension and terminal benefits and making them eligible for lump sum welfare fund under the act would actually amount to double benefits. ..... . in seshachalam, the exclusion from payment of lump sum amount, under an advocate s welfare scheme, of lawyers receiving pension from their erstwhile employers, was held to not offend article 14 ..... the various welfare fund schemes are in actuality intended for the benefit of those who are in the greatest need of them. .....

Common Cause (A Regd. Society) Vs. Union of India

Court : Supreme Court of India

..... influence the decision if the person had capacity; and the other factors that he or she would be likely to consider if able to do so; and 172 section 4, mental capacity act 2005 116 part j taking into consideration, if it is practicable and appropriate to consult them, the views of anyone named by the person as someone to be consulted on the matter in question or on matters of that kind; anyone engaged in caring for the person or interested in his or her welfare; any ..... and dying, especially as it appears to embody a spirit of self-determination that advocates of voluntary euthanasia crave.106) once we examine the matter in the aforesaid perspective, the inevitable conclusion would be that passive euthanasia and death with dignity are inextricably linked, which can be summed up with the following pointers: (i) the opportunity to die unencumbered by the intrusion of medical technology and before experiencing loss of independence and control, appears to ..... the claimant, in reliance on rights guaranteed by the european convention for the protection of human rights and fundamental freedoms as schedule to the human rights act, 1998, ..... ; enduring suffering that is intolerable to the individual in the circumstances of his or her condition is required; informed consent is required; capacity to make the decision is required at the time of either the advance or contemporaneous request; and eligible individuals must be insured persons eligible for publicly funded health care services in canada. .....

Dr. Upendra Baxi and ors. (ii) Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR1987SC191; JT1986(1)SC23; 1986(2)SCALE146; (1986)4SCC106

..... the district judge reiterated in his inspection report dated 5th january 1985 that 'since the writ petition concerning the welfare of the inmates and smooth running of the protective home is pending before the hon'ble supreme court and the shifting of the home to new building is concerned with this subject, hence it will be advisable for the administration and the government to seek prior approval of the hon'ble supreme court before shifting the home to the new building'. ..... we would also like the commissioner, agra division to produce the correspondence which took place between the landlord and the administration relating to the decision to surrender possession of the old building and accept the new building for the protective home as also to inform the court as to what was the purpose for which the new building had been used prior to the shifting of the protective home. ..... fifthly, we would direct the district judge, agra to nominate two socially committed advocates who would by turns visit the protective home once in a fortnight and enquire from the inmates in regard to their needs and requirements and provide them legal aid and assistance, where required. ..... thirdly, we find that despite directions given by this court on various occasions, the state government has not yet constituted a board of visitors as prescribed in rule 40 of the rules made under the suppression of immoral traffic in women & girls act. .....

United States Vs. Butler

Court : US Supreme Court

..... (12) if the novel view of the general welfare clause now advanced in support of the tax were accepted, that clause would not only enable congress to supplant the states in the regulation of agriculture and of all other industries as well, but would furnish the means whereby all of the other provisions of the constitution, sedulously framed to define and limit the power of the united states and preserve the powers of the states, could be broken down, the independence of the individual states obliterated, and the united states converted into a central government ..... payment was to be made to the collector of the port by the master, owner, consignee or agent of the ship; the money was to be paid into the treasury, was to be called the immigrant fund, and to be used by the secretary of the treasury to defray the expense of regulating immigration, for the care of immigrants and relieving those in distress, and for the expenses of effectuating the act. ..... hamilton himself, the leading advocate of broad interpretation of the power to tax and to appropriate for the general welfare, never suggested that any power granted by the constitution could be used for the destruction of local self-government in the states. .....

Commr.of Income Tax-i,new Delhi Vs. Vatika Township P.Ltd.

Court : Supreme Court of India

..... seen from the following table prescribing surcharge for different assessment years: | | |part i | |finance |relevant |para - a |para b |para |para d|para - e | |act |section | | |c | | | | |of | | | | | | | |finance | | | | | | | |act | | | | | | | | |ind, huf,|co-operati|firm |local |companies| | | |boi, aop |ve society| |authorit| | | | | | | |y | | | | | | | | | | |1995 |section 2|- |- |- |- | | | |(3) | | | | | | |1996 |section 2|- |- |- |- |15% | | |(3) | | | | | | |1997 |section 2|- |- |- |- |7.50% | | |(3) | | | | | | |1998 |section 2|- |- |- |- |- | | |(3) | | | | | | |1999 |section 2|- |- |- |- |- | | |(3) | | | | | | |2000 |section 2|10% |10% |10% |10% |10% | | |(3) | | | | | | |2001 |section 2|12% or |12% |12% |12% |13% | | |(3) |17% | | | | | |2002 |section 2|2% |2% |2% |2% |2% | | |(3) | | | | | | |2003 |section 2|5% |5% |5% |5% |5% | | |(3) | | | | | | rate at which tax, or for that matter surcharge is to be levied is an essential component of the tax ..... is no scope for accepting the libertarian theory which postulates among others, no taxation by the state as it amounts to violation of individual liberty and advocates minimal interference by the state. ..... and taxes for purposes of the union notwithstanding anything in articles 269 and 270, parliament may at any time increase any of the duties or taxes referred in those articles by a surcharge for purposes of the union and the whole proceeds of any such surcharge shall form part the consolidated fund of india. 14. .....

Power Machines India Limited Vs. State of Mahdya Pradesh and Ors.

Court : Supreme Court of India

..... however, the question in the instant case is whether it was permissible to the state government to enact rule 5 of the rules for recovery of the amount as arrears of land revenue and whether speedy remedy could have been provided under the rules framed under the act of 2006, notwithstanding the remedy as provided in section 36 of the act of 1996 for executing the arbitral award as a decree in accordance with the provisions of the cpc, while providing remedy the state has exceeded its ken of powers.13. ..... this court has laid down that given the level of indebtedness and npas on the balance- sheets of banks and financial institutions, the time taken for recovery of debts via the civil courts, the importance of liquid and solvent banks and financial institutions to economic progress, especially in the present day global economy with a need to give up old and conventional methods of financing and recovery of debts, and the failure of the 1993 act to bring about the desired results, it could not be said ..... the cost is quantified at rs.50,000/- to be deposited in advocates on record welfare association within six weeks. .j. .....

Om Kumar and Others Vs. Union of India

Court : Supreme Court of India

Reported in : 2000(7)SCALE524; [2000]Supp4SCR693

..... it has to satisfy itself that the decision was based on an 'acceptable assessment of the relevant facts' and that the interference was no more than reasonably necessary to achieve the legislative aim pursued.explaining 'strict scrutiny' or 'proportionality' as above, in the wake of the human rights act, 1998, the lord chancellor referred to the principles laid down by simon brown lj in ex. p. ..... under article 3(1) of the human rights act, 1998, the english court can now declare the legislative action as incompatible with the rights and freedoms referred to in the schedule. ..... company, all this litigation could have been easily avoided.show cause notice by this court proposing to refer the matter to the vigilance commission by re-opening the quantum of punishment:11, this court felt that the officers of the dda who dealt with these matters at the relevant time were solely responsible for the misery of hundreds of claimants who had put in their life's earnings in the skipper construction company, and that these depositors were virtually taken for a ride. ..... lord cooke went further and said that lord green's test in wednesbury was 'tautologous and exaggerated' and he advocated a simpler test:'was the decision one which a reasonable authority could reach?'50. ..... it was the case of the purchasers that the company had also diverted funds elsewhere.9. ..... union of india ( : [1986]159itr856(sc) ), supreme court employees' welfare association vs. .....

State of West Bengal and ors. Vs. Shivananda Pathak and ors.

Court : Supreme Court of India

Reported in : AIR1998SC2050; [1998(79)FLR684]; JT1998(3)SC701; 1998(3)SCALE411; (1998)5SCC513; [1998]1SCR811

..... (b) confirmed labour welfare workers of the labour directorate, west bengal (now placed under the west bengal labour welfare board constituted under the west bengal labour welfare fund act, 1974) matriculates or have equivalent qualification, who were appointed to the same post prior to the 1st july, 1976, the date on which the west bengal labour welfare board started functioning, and have rendered not less than 10 (ten) years continuous service in the post of labour welfare workers under labour directorate. ..... judgment and order dated 17.1.1985, allowed the appeal by the following order:'after hearing the learned advocates of the parties and after considering the facts and circumstances of the case, we modify the impugned order of the learned trial judge and direct that the authorities concerned shall consider the cases of promotion to the west bengal subordinate labour service of the appellants as also of the writ petitioners and the added respondents in accordance with law and the prescribed rules including the appointment rules, within three months from ..... subsequently, under the 1998 notification, the eligibility was a little expanded and the promotion was to be made from amongst:(a) confirmed upper division clerk of the labour directorate, and of the shops and establishments directorate. .....

M/S L.N. Gadodia, and Sons, and ors. Vs. Regional Provident Fund Commi ...

Court : Supreme Court of India

..... the provident funds act, is a welfare enactment brought into force for that purpose. ..... this special leave petition raises the question as to whether the respondent herein had erred in clubbing the two appellant concerns for the purposes of applying the provisions of the employees provident funds and miscellaneous provisions act, 1952 (hereinafter referred to as the provident funds act). ..... or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with or incidental or ancillary thereto, journalistic and printing establishments, contractors and auditors establishments quarries, and mines not governed by the mines act, 1952 (xxxv of 1952), educational or other institution run for private gain and premises in which business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, but does not include a shop or a factory ..... separate registration under the factories act, the sales tax act and the esic act were held to be of no relevance and the two units were held to be one establishment for the purpose of provident funds act. 14. ..... the regional provident funds commissioner was therefore, entirely justified in taking the view that on the facts and law, the two petitioners had to be clubbed together for the purposes of their coverage under the provident funds act. ..... advocate for petitioners, and ms. ..... reported in [1998 (2) scc 446] and regional provident fund commissioner v. .....