Court : Supreme Court of India
Decided on : Oct-18-1984
Reported in : AIR1985SC28; 1984(2)SCALE608; 1984Supp(1)SCC571; 1SCR1003
..... oath or on affirmation before an authorised magistrate or officer. affidavit has been defined in sub-clause (3) of section 3 of the general clauses act, 1897 to include 'affirmation and declaration in the case of person by law allowed to affirm or declare instead of swearing.' the essential ingredients of an affidavit are that the statements or declarations are made by the ..... for an advocate.' there follows enumeration of the conduct expected of a member of the profession. it is however, made clear that the rules in chapter-ii contain canons of conduct and etiquette adopted as general guides; yet the specific mention thereof shall not be construed as a denial of the existence of others equally imperative though not specifically mentioned. it inter ..... and comes within the mischief of professional misconduct and contrary to the norms of the professional etiquette. the state committee also concluded that on account of this misconduct on the part of the appellant, income-tax clearance certificate was obtained and therefore, the appellant was guilty of professional misconduct. having found the appellant guilty of serious misconduct, namely, attesting an ..... actions indulged in by the appellant by becoming a party to the forged documents so as to facilitate commission of fraud would constitute professional misconduct.23. provisions contained in chapter ii in part vi of the bar council of india rules of 1975 prescribe 'standards of professional conduct and etiquette. in the preamble to this .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-09-1984
Reported in : 57CompCas241(Bom)
..... a 'no objection certificate' to a cinema theatre. the supreme court held that he had no legal right under the statutory provisions or under the general law which can be said to have been subjected to or threatened with injury as a result of grant of 'no objection certificate' to the rival ..... meaning is implied by the use of the same expression in every part of an act and from the general presumption that the same expression is presumed to be used in the same sense throughout an act, or a series of cognate acts, there follows the further presumption that a change of wording denotes a ..... a zamindari, that separate registration and sub-assessment of the appellant's village situate therein be made under regulation xxv of 1802, section 8, act i of 1876. the plaintiff asked for no further specific relief. their lordships summarised the contention that a mere declaratory relief should not be granted thus :' ..... tulzapurkar, as he then was, speaking for the court referring to gower's principles of modern company law, 3rs edition, p. 583; buckley on the companies acts, 13th edition, p. 169; and the decision in pender v. lushington  6 ch 70, observed (p. 107 of 47 comp cas) :'... the normal rule is ..... (g) for a declaration that the impugned circular no. 18 dated september 19, 1983, does not and cannot in law operate with retrospective effect and that respondents nos. 1 and 2 did not have the power or authority to bring into operation the said impugned circular with retrospective effect, so as to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-23-1984
..... has found most varied application. thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the court will decide only the latter. siler v. louisville & nashville r. co., 213 u. s. 175 , 213 u. s. 191 ." ashwander v. tva, 297 u. s. 288 , 297 u ..... . physical facilities, due to consistent underfunding by state legislatures, have been grossly inadequate -- especially in light of advanced knowledge and techniques for the treatment of the mentally ill. see generally id. at 2, 4; the president's committee on mental retardation, mr 68: the edge of change 11-13 (1968); president's committee on mental retardation, changing patterns in residential services for ..... (1886); allen v. baltimore & ohio r. co., 114 u. s. 311 , 114 u. s. 315 -316 (1885); board of liquidation v. mccomb, 92 u. s. 531 , 92 u. s. 541 (1876). cf. united states v. lee, 106 u. s. 196 , 106 u. s. 219 -222 (1882) (sovereign immunity of the united states not a defense against suit charging officers of the ..... constitutional bar to federal court jurisdiction. ex parte young rests instead on recognition that the eleventh amendment simply does not apply to suits seeking to restrain illegal acts by state officials -- whether those acts are illegal because they violate the constitution, as in young, or federal or state law." brief for united states 23 (citations omitted). [ footnote 2/28 ] see quern v. jordan, 440 u .....Tag this Judgment!