Judgment Search Results Home > Cases Phrase: west bengal advocates welfare fund act 1991 Page 1 of about 6,666 results (0.129 seconds)

Pragatisheel Adhivakta Sahayak Kalyan Sansthan and anr. Vs. the State ...

Court : Patna

..... the existence, social security and similar other benefits for the advocates' clerks of patna high court who are registered under the provision of chapter xviii of part iv of patna high court rules, 1916 as has been provided in the states of west bengal and andhra pradesh which had enacted west bengal law clerks act, 1997 (annexure-13) and andhra pradesh advocates clerks' welfare fund act, 1992 (annexure-4) and andhra pradesh welfare fund rules, 1992 for the said purpose.3. ..... said circumstances, when the state has felt the necessity of promulgating a welfare scheme for the advocates of the state by bringing into force the bihar state advocates welfare fund act, 1983 and the bihar state advocates welfare fund rules, 1984, there cannot be any justification why such a welfare scheme should not be promulgated for the welfare of advocates clerks who generally belong to a segment of the society which is weaker ..... it may be made clear that for the purposes of providing a welfare scheme for the advocates of the state, the bihar state advocates' welfare fund act, 1983 and the bihar advocates welfare fund rules, 1984 have been promulgated by the state of bihar according to which welfare stamps were to be affixed on every vakalatnama without which no vakalatnama was to be received by ..... a fact that the respondent has no objection in improving the condition of advocate clerk by formulating and implementing law of the welfare scheme to be in the alleged pattern of west bengal and andhra pradesh. .....

The Chairman Bar Council of Tamil Nadu High Court and the Chairman Tru ...

Court : Chennai

Reported in : (2009)6MLJ107

..... 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. ..... . 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 ..... the original writ petitioners, that when the writ petitioners were admitted as members of the advocates welfare fund and when it is not denied that the amount contributed by them also forms part of the advocates welfare fund under section 3 of the welfare fund act, there is no authority on the part of the respondents in the writ petitions to pass the impugned amendment, discriminating between the advocates while granting the lumpsum benefits.20. it is his contention that the pension received by ..... law making powers regarding legal, medical and other professions is included in list iii (concurrent list) of schedule-vii of the constitution of india, the government of tamil nadu has passed the tamil nadu advocates welfare fund act, 1987 (act no ..... of west bengal ..... : air1966sc1044 and state of west bengal v. .....

Trilok Nath Mehra Vs. Commissioner of Police and ors.

Court : Kolkata

Reported in : 1960CriLJ1436

..... view of the show was held at prague in the presence of the indian ambassador, an application was then made through the indian embassy in prague, which forwarded it to the government of west bengal, for the grant of a visa to two representatives of an official organisation of the czechoslovakian government, oldrich lipsky and karel y beran. ..... promise to pay a sum of money to the military welfare fund amounts to a consideration and therefore there is a contract ..... by no means free from difficulty, but upon the whole we think that we may reasonably infer that the words 'executive power' in the constitution have substantially the same meaning as 'executive authority in the act of 1935 and that it is the superintendence, direction and control of the civil government of a state which is vested in the governor of the state...sapru j. ..... the learned advocate general argues that assuming that it is a contract, any violation of it is a matter that concerns the contracting parties, and the petitioner would have no locus standi to ..... the learned advocate general who has cited this case has argued that although everything that is done by government in the administration of property may be called executive action in an enlarged sense, because it is certainly not ..... the learned advocate general says that we might extend this analogy a little more and say that if in buildings belonging to government, it was necessary to put a nail in the wall, it may be described as an executive action and therefore .....

Trilok Nath Mehra Vs. Commissioner of Police, Calcutta and ors.

Court : Kolkata

Reported in : AIR1960Cal668,64CWN1017

..... an application was then made through the indian embassy in prague, which forwarded it to the government of west bengal, for the grant of a visa to two representatives of an official organisation of the czechoslovakian government, oldrich lipsky and ..... argued that the promise to pay a sum of money to the military-welfare fund amounts to a consideration and therefore there is a contract. ..... we have said, by no means free from difficulty, but upon the whole we think that we may reasonably infer that the words 'executive power' in the constitution, have substantially the same meaning as 'executive authority' in the act of 1935 and that it is the superintendence, direction and control of the civil government of a state which is vested in the governor of the state ....'. ..... the learned advocate general argues that assuming that it is a contract, any violation of it is a matter that concerns the contracting parties, and the petitioner would have no locus standi to challenge any defect in ..... the learned advocate general who has cited this case has argued that although everything that is done by government in the administration of property may be called executive action in an enlarged sense, because it is certainly not judicial or legislative, it ..... the learned advocate general says that we might extend this analogy a little more and say that if in buildings belonging to government, it was necessary to put a nail in the wall, it may be described as an executive action and therefore would have to be .....

Sakti Pada Roy Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1959Cal316

..... then the question of compensation could not be agitated, but the petitioner is not hit by it because article 31a is not retrospective and the 4th amendment, which came into operation in 1953, cannot affect the west bengal act i of 1954, which was enacted earlier, this argument suffers from a number of detects, firstly, the learned advocate has overlooked the first amendment (act of 1951). ..... case dealt with the bombay labour welfare fund act(bombay act xl of 1953). ..... under that act, a fund was constituted, known as the bombay labour welfare fund, which, inter alia, provided that all un paid accumulations and/or fines realised from the employees would vest in, and be held for the purpose of the act by a board of trustees, and subject to its ..... by the west bengal estates acquisition act (2nd amendment) act, 1957 (west bengal act xxv of 1957) this position has been ..... as the west bengal estates acquisition act, 1953 stood at the time when that decision, was given, the right to standing timber in a forest, or to the produce thereof, was not expressly vested in the ..... state of west bengal, : ..... under the bengal private forest act (xiv of 1948), wood could only be cut and taken away according to a working plan prepared in accordance with the provisions of the act, and that is what was ..... forest officer, midnapore, 62 cal wn 610, the foundation of ajit kumar bagchi's case : air1957cal350 (supra) has vanished, because the amending act makes all trees in a forest and forest produce vest in the state. .....

Bar Council of Tamil Nadu Vs. Commercial Tax Officer

Court : Chennai

Reported in : (2007)9VST542(Mad)

..... as an assessee and further whether the petitioner would come within the meaning of 'association of persons' as defined under section 2(g)(1) and the other activities, such as, printing, distributing and selling of welfare fund stamps under the tamil nadu advocates welfare act, 1987 requires consideration by the authorities and on that view of the matter, the tribunal passed the following order:having regard to the circumstances of the case we are of the opinion that it ..... 301 to 306 of 1999 to declare the orders of assessment made against it as illegal on the premise that the petitioner is a statutory body constituted under section 3 of the advocates act, 1961 and as per section 5 of the said act, every bar council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and can sue ..... state of west bengal [1991] 81 stc 185 and deputy ..... evident on record that as against assessment order passed against the petitioner for the assessment years 1990-91, 1991-92, 1992-93, 1993-94, 1994-95 and 1995-96, the petitioner moved the tamil nadu taxation special tribunal by filing ..... transaction for assessment, by couching the prayer in each one of the writ petitions 'to call for the records relating to the assessment orders dated january 31, 2002 for the assessment years 1990-91, 1991-92,1992-93,1993-94,1994-95, and 1995-96 and set aside the same as illegal'.3. ..... [1991] 82 stc 405, automobile .....

Universal Paper Mills Limited and ors. Vs. Regional Provident Fund Com ...

Court : Kolkata

Reported in : (2001)3CALLT186(HC),[2001]106CompCas518(Cal),[2001(91)FLR591],(2001)IILLJ1193Cal

..... company has no right to take shelter under section 22 in respect of statutory liabilities and the employees are entitled to have their statutory benefits under the employees' provident fund act and thereby any default on the part of the employer under the said act cannot attract the said section or can get away taking an advantage out of the said section and accordingly, in my opinion the purpose and object of section 22 ..... bench held that it is a statutory liability and the provident fund act is a piece of social welfare legislation enacted for the purpose of welfare of the labourers. ..... since the employees' provident fund act does not contain any non-obstante clause and the sica act and the said act are both special statutes and since sica act came into force later than that of the provident fund act, in that case, it has been contended that the said act must prevail over the same ..... lt 330 a learned single judge of this hon'ble court was pleased to set aside the impugned order passed under section 14b of the employees' provident fund & miscellaneous provisions act, 1952 in view of the provisions of section 22(1) of the sick industrial companies (special provisions) act, 1985 and to refer the matter back to the appropriate authority for a fresh decision upon considering the said provision.11. ..... fund commissioner, west bengal ..... advocate, appearing on behalf of the respondent submitted that there is nothing illegal in the attachment of bank account under section 8b(a) of the said act .....

Commissioner of Income-tax Vs. Calcutta Hydraulic Press Association

Court : Kolkata

Reported in : [1980]121ITR414(Cal)

..... (g) to secure the repeal of any legislation or prevent the passing of legislation which is damaging or may in any way damage the trade ; (h) to collect, classify and circulate statistics ; (i) to adopt common forms of agreements ; (j) to establish funds for the purposes of the members and/or for the benefit of employees of the members ; (k) to assist or amalgamate with other associations or societies or federations of associations or societies, having for the objects or one of their objects the promotion ..... also found that the assessee was administering a welfare fund utilised only for the benefit of the workers ..... that the assessee was administering a welfare fund utilised only for the benefit of the ..... application of the cit, west bengal-v, under section 256(1) ..... he submitted that the tribunal has found that the assessee had been registered under the indian trade unions act, 1926, and construing the objects set out in its rules has found further that the assessee was formed primarily for the purpose of regulating the relations ..... profits would not be divided amongst its members but the residue after meeting the expenses of the company would be utilised for promoting education, industry, social welfare and such other purposes of common good as resolved in the association's general meetings. ..... bagchi, learned advocate for the revenue, submitted that in the rules of the assessee a number of objects were mentioned, all of which enjoyed equal status and there was no basis to determine which of .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... west bengal industrial development corporation, a government company within the meaning of section 617 of the companies act, 1956, dated july 7th, 2006, and by reading out to me various provisions of the land acquisition act, 1894 and in particular the ones in sections 3(cc), (e) & (f), 4 & 6, he has contended that there was no scope for the petitioners to say that the acquisition was for a company simpliciter, when the requiring body was a government company, and the entire fund needed ..... petitioners since it has not been specifically mentioned in the said notification who is the requiring body, then also the said notification should be declared as bad in law but, in our opinion, as suggested by the learned advocate general due to inadvertence, it has not been struck out, particularly, specifying requiring body but it is clear from the said notification that one wing of the state authorities is the requiring body and there cannot ..... the term 'public purpose'; has been defined in blacks law dictionary (5th edition) as hereunder:a public purpose or public business has for its objective the promotion of the public health, safety, morals, general welfare, security, prosperity, and contentment of all the inhabitants or residents within a given political division, as for example, a state, the sovereign powers of which are exercised to promote such public purpose or public business ..... in the decision reported in 1991 supp (2) scc 587, jindal industries ltd. ..... also pointed out that 1991 land . .....

Jay Kishore and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Kolkata

..... of west bengal, department of relief and welfare by his letter at annexure 'a/8' for the purpose of determination of the status of the employees of the drc, kharagpur and giving them the service benefits of group insurance scheme and general provident fund scheme enquired with the project director, cacu, new delhi as to how long the government of india will continue to fund the ..... by the applicants that necessary budget has been provided for the financial year 1994-95 and 1995-96 and the expenditure has been shown to debitable to major head of social security and welfare and social welfare and welfare of the handicapped schemes and that budget grant for 1996-97 has also been sanctioned for drc, kharagpur and the first instalment of this shows that the central government consistently with their ..... so, in order to decide the question of jurisdiction as raised by the learned advocate of the respondents in their reply we are to first decide what would be the status of the aforesaid applicants as per letter of appointment and as per the scheme framed by the government of india with reference to ..... annexure 'a/2') that the project officer on behalf of the central government had appointed the aforesaid applicants in drc under the scheme and the project director being an employee of the state government is acting on behalf of the central government for implementation of the scheme. ..... whether or not the hirer had authority to control the manner of execution of the act in question. .....