Court : Kerala
Reported in : AIR1994Ker24
..... when the kerala advocates' welfare fund act, 1980 (hereinafter referred to as 'the act') came into force, on his application he was admitted to the fund and he continued as a member of the same till 31-3-1990 when he was removed from the rolls of the bar council on his request for retirement on account of poor health. ..... the 2nd respondent, the kerala advocates welfare fund trustee committee, ernakulam by order dated 8-7-1990, produced as ext. ..... along with his application for removal of his name from the rolls he had also applied on 12-1-1990 for payment of the amounts due to him from the advocates' welfare fund constituted under the act. ..... the act was passed for the constitution of a welfare fund for payment of retirement benefits to advocates in the state of kerala. ..... the question involved in this original petition is regarding the amount due to the petitioner who was an advocate from the welfare fund. 2. ..... provision is made in the act as to how an advocate can become a member of the fund and the benefits accruing to him on cessation of practice and in certain other contingencies. .....
Tag this Judgment!Court : Kerala
..... the only issue that arises for consideration in this writ petition is the justifiability of the demand of the first respondent that, for disbursing the dues under the kerala advocates welfare fund act, 1980, the petitioners should produce a succession certificate. ..... the welfare fund in question has been constituted under s.3 of the kerala advocates welfare fund act, 1980 and the rules framed thereunder. 6. ..... it is in these circumstances this writ petition has been filed, seeking the following reliefs: (b) declare that the first respondent, the kerala advocates welfare fund trustee committee, is the sole authority to decide regarding the legal heirs entitled to receive the amount due from the welfare fund and the insistence of production of a succession certificate issued by the civil court is unwarranted. ..... venugopal was a member of the kerala advocates welfare fund administered by the first respondent. ..... venugopal and on satisfying that the petitioners are the sole legal heirs release the advocate welfare fund amount due to the petitioners forthwith. ..... venugopal joined the advocates welfare fund, he had nominated his wife smt. ..... venugopal, petitioners submitted ext.p4 application to the first respondent, claiming disbursement of an amount of rs.3,14,285/-, being the welfare fund due to the deceased. .....
Tag this Judgment!Court : Supreme Court of India
..... we may point out at this stage that the legislature of the kerala state has also enacted a law known as the kerala advocates' welfare fund act, 1980. ..... rules are also framed under the said act which are called as the kerala advocates' welfare fund rules, 1981. ..... the welfare fund act is aimed at providing of a welfare fund for the payment of retirement benefits to advocates in the state of kerala and for the matters connected therewith or incidental thereto. ..... it becomes clear from clause (e) of sub-section (2) of section 3 that the amount set apart from the legal benefit fund constituted under section 76 of the cf act is to be credited to the advocates' welfare fund, for providing efficient legal services for the people of the state and social security measures for the legal profession. ..... (2) there shall be credited to the fund (a) all amounts paid by the bar council under section 12; (b) any other contribution made by the bar council; (c) 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; (d) any grant made by the state government to the fund; (e) the amount set apart from the legal benefit fund constituted under sub- section (2) of section 76 of the kerala court fees and suits valuation act, 1959 (10 of 1960), for providing social .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD266; 2001(2)ALT419
..... the state of kerala had already enacted the kerala advocates welfare fund act, 1980 (act 21 of 1980) and the state of karnataka is also having a proposal in this regard. ..... 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 group ..... 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. .....
Tag this Judgment!Court : Delhi
..... similarly, under the kerala advocates welfare fund act, 1980, an advocate on completing 32 years of practice is entitled to an amount of `3 lakhs. ..... and 2 to appropriate sufficient and reasonable 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. ..... which is required to consider various aspects of the matter and take an administrative decision, we deem it appropriate to allow this petition to the extent of issuing a mandamus to the respondent no.2 and direct them to consider the grievance of the petitioners and take a conscious decision after adverting to various facts as are detailed hereinabove including the benefit extended under the act in the states of rajasthan, kerala, tamil nadu and haryana and consider taking a decision for upward revision and make a review of the quantum by payment made to the advocates under the welfare fund. .....
Tag this Judgment!Court : Kerala
Reported in : 2006(1)KLT989; [2006]145STC250(Ker)
..... sub-rule (2) of rule 11 stipulates that the amount available in the fund as on 31st march of every year, shall be equally apportioned for the purposes of providing efficient legal service for the people of the state and to provide social security measures for the legal profession the amount intended to provide for social security measures for the legal profession, shall be entrusted to the secretary, bar council of kerala who is the convener of the advocate welfare fund for crediting the same to that fund constituted under the kerala advocates welfare fund act, 1980 for being utilized in accordance with the provision of that ..... and submitted that as per the rule, the fund shall be utilized for making provision for working space for the advocates' clerks, resting place and other facilities for the parties and witnesses attending the court, conducting legal aid camps for people interested in the legal service, expenditure for engaging advocates for special cases, publication relating to legal issues and important decisions of the kerala high court to create legal awareness among people of the state and such other matters .....
Tag this Judgment!Court : Chennai
Reported in : 2004(3)CTC189
..... there was a fair and proper conduct of elections and the elections that have been conducted after the appointment of the advocate commissioner and the advocate receiver have advanced the welfare of the society they have put up constructions, increased the funds of the society etc. ..... these issues have been 'heard' and decided and cannot be raised again and further the advocate commissioner's powers were granted by this court, unlimited by the statutory restraints which were present in the case before supreme court; (i) article 227 of the constitution of india cannot be invoked, since the declaring of results and handing over of charge which are apparently the causes of action for the filing of the civil revision petition are not fresh causes of action but are in fact ..... kuttappan, : air2000sc2378 , the supreme court considered the provisions of the karnataka act and the kerala act with regard to the appointment of a special officer by the state government on a report made by the registrar. ..... surjeet singh, : [1980]3scr946 in which the elections held on the basis of void and ultra vires rules or provisos were set aside by the supreme court. .....
Tag this Judgment!Court : Kerala
..... according to learned counsel for appellant, section 16(5) of tamil nadu advocates welfare fund act and section 15(1a) of kerala advocates welfare fund act stand on similar situation, therefore, decision of the high court of judicature, madras in r.veeraragavan v. ..... section 15(1a) of kerala advocates welfare fund act reads as under: "15(1a) an advocate who is eligible for or availed of any kind of retirement benefits for the service under the central or state government or any public or private sector undertaking, shall not be admitted as a member of the fund or permitted to resume membership in the fund" 2. ..... the challenge before learned single judge is section 15(1a) of kerala advocates welfare fund act, wherein a restriction is brought for an advocate who was previously under service of central or state government or any public or private sector undertaking to get admission as a member of welfare fund. ..... so far as kerala advocates welfare fund act is concerned, the very admission is denied to such members as provided under section 15(1a) of the act. ..... kerala advocates' welfare fund trustee committee represented by the secretary of the trustee committee bar council building, kochi-682031. ..... said provision is entirely different from present section 16(5) of tamil nadu advocate welfare fund act, which reads as under: wa.242/14 2 "16(5) where a member of the fund dies, his nominee or legal heir, as the case may be, shall be paid an amount of two lakh rupees. .....
Tag this Judgment!Court : Kerala
..... 27706 of 2011 (k) ------------------------------------------ dated this the 10th day of july, 2015 judgment the petitioner, a retired advocate clerk, is before this court seeking pension, which he claims to be entitled under the kerala advocates' clerks welfare fund act, 2003 and the kerala advocates' clerks welfare fund rules, 1981.2. ..... a true copy of the kerala advocates clerks welfare funds (amended) rules2011 exhibit p6. ..... the consolidated amount is prescribed as per the schedule, on the total year of service, even taking into account the years prior to the enrolment of the advocate clerk in the welfare fund. ..... kerala advocates' clerks welfare fund committee, tc26580 (1) sera24 thiruvananthapuram, represented by its, secretary - 695 001.2. ..... it is directed that the petitioner shall be paid the entire arrears computing the pension at the rate of rs.250/- since the petitioner had, at the time of retirement, completed five years and five months of enrollment in the welfare fund. ..... the act, as it stands, under section 18, enables a member of the fund, on cessation of employment, to receive from the fund, a consolidated amount and a pension, based on his number of years of employment as an advocate clerk, but at such w.p. ..... a reading of the above act and rules would indicate that there is a stalemate insofar as the advocate clerks who retired before the prescribed date of 10.4.2012, at least in computing the pension payable. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker201
..... in order to appreciate the contentions raised on both sides and to ascertain whether the bar association has a statutory or a public duty to the members of the association it is only appropriate to refer to the relevant provisions of the kerala advocates welfare fund act (for short) and the rules framed thereunder. ..... on the other hand, learned counsel for the petitioners urges that the bar association has a public duty to the members of the association, since the implementation of the kerala advocates welfare fund act. ..... neither the membership in the kerala advocates welfare fund nor the right of petitioners to practice law as an advocate on the roll of the bar council is in any way affected by the action taken against them. ..... petitioners are also members of kerala advocates welfare fund. ..... neither the welfare fund act nor the rules contemplate such a classification or division among the advocates. ..... bar association means an association of advocates recognised by the bar council under section 13, section 3 directs the government to constitute a fund called the advocates welfare fund, a trustee committee has to be constituted to administer the fund. ..... the act was enacted to provide for the constitution of a welfare fund for the payment of retirement benefits to advocates in the state of kerala. ..... they were admitted as members and continuing as such and were admitted to the advocate welfare fund as well. .....
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