Click here to download the pdf versions of the Digest of case laws Advocates Act 1961
S.7 : Standards of professional conduct and etiquette for advocates – Professional Ethics –It was the duty of a lawyer to defend no matter what the consequences, and a lawyer who refuses to do so is not following the message of the Gita. Constitution of India , 1949, Art . 22(1), 142 ]
A.S. Mohammed Raf v. State of Tamil Nadu & Ors AIR 2011 SC 308 Central Excise Act 1944
S.35C :Appellate Tribunal- Duties -Natural justice – Non reasoned order- Absence of reasons suggestive of order being arbitrary and in breach of principle of natural justice-Order of Tribunal is set aside [ S.35B ]
S. 254(1) : Appellate Tribunal –Duties – Rectification of mistake apparent from the record – Unaware of date of hearing – Sufficient cause- Ex -pate order on merit can be set aside [ S.254(2) , ITAT Rule 24 Art .226 ]
Rainbow Agri Industries Ltd. v. ITAT (2003) 132 Taxman 752 /(2003) 185 CTR 482 /(2004) 266 ITR 38 (Bom.)(HC)Central Excise Act , 1944
Appellate Tribunal- Rectification of Mistake – Not referring to the judgments of the Tribunal of which the appellant was relying, is not proper.- Order of Tribunal is set aside .
Advocates act , 1961
S,7 :Professional ethics party cannot conduct case himself without discharging his counsel on record.
New Okhla Industrial Development Authority (NOIDA)
Residential premises – Professional activities -Housing Co -operative Societies – Apex Court directs that only lawyers, doctors and architects if staying in their residential flat can conduct professional activities in that flat using 25% of Floor Area Ratio (FAR) – No other commercial activity allowed in a residential flat-Review petition was dismissed . [ Contempt of Courts Act ,1971 ]
Chairman & Chief Executive Officer Noida & Anr. v Mange Ram Sharma (D) through LRs. & Anr. and Dr. Anupama Bisaria & Ors. [I.A Nos.4-6 of 2012 In A No.10535 of 2011 dt 4-05 -2012 (SC)]Indian Succession Act , 1925
S.213: Statutory tenancy – Can be bequeathed by Will – Unless it is specifically barred by some provision – Powers of Appellate Court – Subsequent events – Wherever subsequent events of fact or law which have a material bearing on the entitlement of the parties to relief or on aspects which bear on the moulding of the relief occur, the court is not precluded from taking a ‘cautious cognisance’ of the subsequent changes of fact and law to mould the relief. [ S. CPC 96, Registration Act , 1908 , S. 5 ]
Gaiv Dinshaw Irani & Ors. v. Tehmtan Irani & Ors. AIR 2014 SC 2326Delhi Municipal Corporation Act of 1957,
S. 2(3):Professional activity carried on in residential premises by lawyer – Levy of Property Tax – Activity of such kind cannot be termed as professional establishment and premises cannot be termed as business building within purview of Bye-law 9(b) – Levy of property tax on such premises – Not proper.[ S481, 116A(f) ]
Maharashtra Co-operative Societies Act ,1960
S.30 :Nominee – Nominee does not become ‘owner’ of property after death of member – Not competent to enter into ‘Agreement of Sale’ of property to the exclusion of legal heirs.[ Companies Act 1956 , S. 109A ]
Central Excise Act, 1944
Appellate Tribunal -Tribunal must be manned by person of proven integrity and any doubt about person’s integrity should be considered for disqualification- Vigilance clearance- Order of Admirative Tribunal is up held . [ CESTAT ]