LexLords NRI Legal Services UK By NRI Legal Services LexLords

Apart from appearing in the courts he can be consulted by his clients, he can give his NRI legal services opinion whenever sought for, he can draft instruments, pleadings, affidavits or any other documents, he can participate in any conference involving NRI Legal Services discussions, he can work in any office or firm as a NRI legal services officer, he can appear for clients before an arbitrator or arbitrators, etc. He may even file vakalat on behalf of a client even though his appearance inside the court is not permitted.

345 of 1940 arising out of the Judgment and Decree dated the 24th August, 1940, of the Court of the Special Judge, 1st Grade of Shahjahanpur in Miscellaneous Case No. Though several contentions were sought to be raised by the appellant as well as the Income-tax authorities before the High Court as arising from the question, the only contention which was canvassed before the High Court and was held to be determinative of the enquiry before it was whether the deed of trust dated 27 198 the 15th March, 1946, was valid.

Many courts have framed rules in this behalf. After a critical examination of the registered deed of partition, this Court held that all the immovable properties inherited by Sri A. The right of the advocate to practise envelops a lot of acts to be performed by him in discharge of his professional duties. The relevant section provided that no suit shall be brought or maintained for recovering any such sum of money alleged to have been won upon a wager.

It is an admitted fact in the instant case that the assessee company has only one business and that is of leasing its property and earning rent therefrom. Such a rule would be valid and binding on all. Such a rule if framed would not have anything to do with the disciplinary jurisdiction of the Bar Councils. Submissions made by the learned counsel appearing for the Revenue is to the effect that the rent should be the main source of income or the purpose for which the company is incorporated should be to earn income from rent, so as to make the rental income to be the income taxable under the head Profits and Gains of Business or Profession.

Aggrieved by the judgment of the High Court, the Appellant filed Civil Appeal No. Thus Article 145 of the Constitution of India gives to the Supreme Court and Section 34 of the Advocates Act gives to the High Courts power to frame rules including rules regarding condition on which a person (including an advocate) can practise in the Supreme Court and/or in the High Court and courts subordinate thereto. Section 30 of the Advocates Act has not been brought into force and rightly so.

Thus, even on the factual aspect, we do not find any substance in what has been submitted by the learned counsel appearing for the Revenue Durden [1848] EngR 285; (1848) 2 Ex 22 : [1848] EngR 285; 154 ER 389 a question arose as to whether Section 18 of the Gaming Act, 1845 which came into effect in August 1845 was retrospective so as to defeat an action which had been commenced in June 1845. Appeal from the Judgment and Decree dated the 22nd August, 1944, of the High Court of Judicature at Allahabad (Verma and Hamilton JJ.

Let the Bar take note that unless self-restraint is exercised, courts may now have to consider framing specific rules debarring advocates, guilty of contempt and/or unprofessional or unbecoming conduct, from appearing before the courts. 5053 of 2009 which was allowed by this Court by a judgment dated 03. Chatterjee appearing on behalf of the appellant. Such a rule would have nothing to do with all the acts done by an advocate during his practice.

On the construction of the several provisions of the deed of trust the High Court held :- "I am of opinion that in view of these provisions of the trust deed coupled with the uncertainty as regards the beneficiaries and the absence of any obligation to grant any pension, no NRI legal services and effective trust was created, and the so-called trust must be held to be void," It further held that even if the ownership of the money had passed over to the trustees, still the further provision regarding the application of the money to the payment of pensions being entirely ineffective and void, the money cannot be said to have been expended for the purpose of the business, and that therefore was not an expenditure or an expenditure for the purposes of the business within the meaning of section 10(2)(xv) of the Act.

It would be concerning the dignity and orderly functioning of the courts. This was also the only contention urged before us by Shri N. Holding that the right of appearance in courts is still within the NRI Legal Services control and jurisdiction of courts, this Court noticed: (SCC pp. 52 of 1940 and Original Suit No. Control of conduct in court can only be within the domain of courts. This Court examined the scope of Section 29 A of the Hindu Succession (Tamil Nadu Amendment) Act, 1989 and held that the daughters who got married after 1989 would have equal share as that of a son.

Conduct in court is a matter concerning the court and hence the Bar Council cannot claim that what should happen inside the court could also be regulated by them in exercise of their disciplinary powers. At one stage, the learned Senior Counsel appearing for the appellant- plaintiff submitted that the Act in question is a beneficial legislation and, therefore, a liberal interpretation and wider meaning is to be given to such a beneficial and welfare legislation so as to protect the interest of the supplier who is being kept on a higher pedestal by giving a higher benefit in the Act.

It was held that it was not retrospective.