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News Letter No. 2 of September 23 2004

 

I am placing this Newsletter to communicate the events which have taken place after Newsletter No.1 was issued on 5th July 2004.

1. HOUSING SOCIETY:

The new Executive Committee took up on priority basis the matter of getting land or flats for the members of the Supreme Court Bar Association.

The election took place on 23rd April 2004 and a general body meeting was held on 27th April 2004. A meeting of the general body of the Supreme Court Lawyers' Welfare Society was held on 6th May 2004.

The office bearers of the Association inquired from two private builders who were ready to offer housing complex for the purpose of the Supreme Court Bar Association in Greater NOIDA. A visit to both the sites showed that the areas are far away although they are very close to the express highway. The usable area in the flats was smaller because they have counted it on super carpet basis. After further interaction, we came to the conclusion that the flats in Greater NOIDA will not be suitable for the members.

Two meetings were held with Mr. Mulayam Singh Yadav, the Hon'ble Chief Minister, Uttar Pradesh, seeking allotment of land. One in the month of May and other in the month of June, 2004. We then met Mr. Deo Datta, the Chairman and the chief Executive officer of NOIDA and some of the Additional and Deputy Chief Executive Officers.

On 8th July 2004, a meeting took place with the Chairman and members of the NOIDA Development authority. We handed over to them a copy of the Memorandum of Association of the Supreme Court Lawyers' Welfare Society and a request was made to allot the land to the Society. Prima facie view of the officers was that land is allotted only to co-operative group housing societies and not to welfare societies. The Supreme Court Lawyers' Welfare Society formed on 21.9.1998 and registered on 11.9. 2000 suffers from two defects:

(i) It is not a co-operative group housing society but is a society registered under Societies Registration Act, 1860. (Note: Both Neeti Bagh and Supreme Enclave are registered as Group Housing Societies under the Cooperative Societies Act.)

(ii) It is a Delhi society and not an All India Society.

We represented to Noida authority that one of the objects of the Supreme Court Lawyers' Welfare Society was to acquire land and construct building and therefore it should be treated as a Housing Society, We requested that the NOIDA Development Authority have a look at the Memorandum of Association of the Welfare Society and thereafter let us know whether land can be allotted to the Supreme Court Lawyers Welfare Society. Ultimately, in the meeting which was held with the Chairman and other officers of the NOIDA Development Authority on Friday, the 3rd September 2004, it was categorically informed by them that the Welfare Society formed by the Supreme Court Bar Association is neither eligible for allotment of land nor for participating in special auction confined to housing societies.

The Welfare Society could bid only in the general auction, which is open to all, including the builders. It was pointed out that there is going to be an auction on 4th October 2004 for eight different plots in NOIDA in which the Welfare Society can bid. The following are the plots to be auctioned:

(i) Two plots in Sector No. 93A and 93 having a reserve price of Rs. 8,000/-per sq.mtr but in the auction since the builders will be participating, the price is likely to go up to Rs. 11,000/ - per sq.mtr.

(ii) Two plots in Sector 44 having a reserve price of Rs. 16,800/- per sq.mtr. But with the builders participating in the auction, is likely to go up to Rs.22,000/- per sq.mtr.

(iii) Two plots in sector 50 having a reserve price of Rs. 9,1 50/- but this is also likely to go up to Rs. 12,000/ - to Rs. 13,000/- since builders are participating the auction.

(iv) Two plots in Sector 110 do not have good location.

On calculating the price of the land in the general auction, it will not be economically viable for the members of the Bar.

The NOIDA authority is going to have a separate auction for housing societies. In the special auction the bidding is not as high as in general auction. However, it will not be possible for the Welfare Society to participate in the housing society auction.

Therefore, an emergent meeting of the members of the general body of the Welfare Society was held on Saturday, the 4th September 2004 at 5.30 p.m. It was found that it is not possible to register under the provision of Delhi Cooperative Societies Act. The members therefore took the following decisions:

(i) That a new Co-operative Group Housing Society should be formed and registered under the provisions of The Mufti State Co-operative Societies Act 2002 or under any appropriate law and all the members of the Welfare Society should automatically be enrolled to that Society, on signing application forms. The admission fee paid by them as members of the Welfare Society should be transferred to this account and they will not be asked to pay any admission fees to become member.

(ii) Other members of the Supreme Court Bar Association as on 23rd April 2004 may also be enrolled as members of the Co-operative Society but first preference in the allotment would be given to the old members of the Welfare Society and thereafter, to the other members who join the Co-operative Society.

The NOIDA Development Authority also advertised sale of flats and the last date for submitting application was 10th September 2004. The application forms were purchased by the Association and handed over to those members who were interested in submitting their applications. The necessary details were circulated in the general body meeting. A site visit was arranged on Monday, the 6th September 2004 for the members of the Association who wanted to see the flats. The application forms and cheques received by the Bar Association were forwarded to the authority,

2. CONSTRUCTION OF THE CHAMBERS AT DHOBI GHAT:

The foundation stone was laid on 9th April, 2003. Bhoomi punjan was done on 26th February 2004. However, no construction could commence because there was no sanctioned plan. The new committee took action by talking to Hon'ble the Chief Justice of India and followed up with the Learned Registrar General.

The plan was sanctioned on 5th July 2004 and has been handed over by the Architect of the NDMC to the construction division of the CPWD on 6th July 2004 after payment for shifting underground cable was received. After that there was another trouble in starting the construction work, which was lack of getting temporary electricity connection. For that purpose, the contractor in-charge of the construction was required to submit the application in the prescribed format. That application had been submitted on 2nd August and temporary electricity connection has been given in August 2004. The construction work started on 12th August 2004. At present the digging work for the basement, where the vehicles are going to be parked, has been started. There is space for 12 cars in the basement and 15 cars in the open space. The water pumps are also functioning. We are keeping an eye on the construction work. The authorities have assured us that the momentum of speed of construction will pick up by the first week of October once the basement work is over. They are expecting the construction of the Dhobi Ghat chambers to be over by August 2005. I anticipate about 3 months delay. By August the allotment of chambers must be done by 31st August, 2005 so that as soon as the chambers are ready there should be no further delay. There will be seven chambers on the ground floor, 21 chambers on the first floor and 22 chambers each on the 2nd and 3rd floor. Total 72 chambers will be available for allotment at the Dhobi Ghat. Provision for a canteen and a Bar hall on the ground floor has also been earmarked.

3. ALLOTMENT OF CHAMBERS:

Hon'ble the Chief Justice of India has accepted the recommendation of the Chamber Allotment Committee after the new Executive Committee took over, to invite fresh applications from Senior Advocates, Advocates-on-Record and junior advocates. (Letter issued by the Registrar on 10th August 2004). The period for which the appearance and filing of cases etc. will be at the option of the applicant for any two consecutive calendar years during the calendar years 1998, 1999, 2000, 2001, 2002 and 2003. This will facilitate the advocates who may not have enough filing or appearance during some years due to they being unwell, out of station or other special circumstances. They have now option to ignore those years and to choose any two consecutive years from 6 years and therefore larger number of advocates will become eligible for allotment of chambers. Those who had applied pursuant to the notification dated 29th March 2001 or earlier and whose applications were found in order as eligible for allotment of chambers do not have to apply afresh. Those whose applications were not found in order are eligible to apply again. The duly completed application forms together with the documents were required to be submitted on or before 15th September 2004 to the Assistant Registrar (Admn.). On a representation made by the Hon'ble Members that obtaining copies of orders was taking long time, the Office Bearers represented to the Hon'ble Chief Justice of India and the time to submit applications is recommended to be extended till 15th November 2004. Fresh applicants who comply with requisite filing, appearances etc. will be shown below the applications, which are already received earlier and found to be in order.

4. PROVIDING LOCKERS TO THE MEMBERS:

The members of the Bar and specially junior members who are not allotted any chamber, were in dire need of lockers. There were pending applications for lockers from the members for last three years. The entire wait list of the applications for the allotment of lockers for last three years have been cleared by purchasing new lockers and allotting to each and every person in the wait list. The Association has collected only the actual expenditure for the lockers from the new allottees.

After the list was cleared we have received 35 new applications for allotment of lockers. There are some old lockers, which are lying unused. The members, who have been allotted lockers, if they are occupancy chambers or are otherwise not using the lockers, are requested to surrender those lockers so that it can be allotted to the 35 new applicants.

5. FUND RAISING:

The following members have contributed a sum of Rs. 1 lakh each for the purpose of library, holding lectures, seminars and functions.

(1) Mr. P.P. Rao

(2) Mr. K.T.S. Tulsi

(3) Mr. Gopal Subramanium

(4) Mr. Arun Jaitley

(5) Mr. K. Parasaran

(6) Mr. G.L. Sanghi

(7) Mr. P.H. Parekh.

Mr. F.S. Nariman, Mr. K.K. Venugopal and Mr. Harish N. Salve are also going to send a contribution of Rs. 1 Lakh each.

We request more members to make their contribution. Any member of the Bar who donates either Rs.50,000/- or Rs. 1 lakh and who is not a member of the Supreme Court Bar Association, will be invited to become a member of the Supreme Court Bar Association.

6. OVERDRAFT BY SCBA:

For the first time on 25th September, 1 995, an overdraft was taken by SCBA for Rs. 15 lakhs and the interest charged was @ 11.22%. Year after year, the overdraft figure kept on increasing. In the year 2001. it became Rs. 25 lakhs and in the year 2004, it became Rs. 51.48 lakhs. The rate of interest paid on the overdraft has been @ 11.22%, 14.28%, 15% and 14%. I am happy to inform you that we have been able to reduce the rate of interest on the overdraft from 1 4% on 16.3.2004 to 6.25% with effect from 1.7.2004. I request all the Hon'ble members to help in reducing the overdraft.

7. GROUP LIFE AND HEALTH INSURANCE:

There was a meeting of Insurance Cos with the members of the Executive Committee on 02.07.2004. By end of September 2004 we will be circulating to all the members the proposals which we find to be most attractive for the purpose of having group life insurance and separately medical insurance for the member of the Supreme Court Bar Association. The group insurance, premium is much lower than what members will have to pay if they go on their own for the insurance. The premium will get substantially reduced if larger members opt for the group insurance. As far as Group Life Insurance is concerned; we have short listed two companies. (1) Metlife India Insurance and (2) ING Vyasa Life Insurance. We are negotiating with both the companies and which ever company gives the best terms, will be selected and we will circulate to the honourable members. Similar work is going on as far as Group Medical Insurance is concerned. Then we will have an insurance mela in the Supreme Court.

8. SUPREME COURT ORDER GIVING REFUND OF SECURITY TO SUPREME COURT WELFARE FUND:

In the case of Commissioner of Gift Tax, Bombay vs. Shri J.N. Marshal - C.A. No. 2270 of 1979, a Bench consisting of Hon'ble Mr. Justice Y.K. Sabharwal and Hon'ble Mr. Justice D.M. Dharmadhikari passed an order on 6th August 2004 that the unclaimed security deposit of Rs.2,000/- in the above matter should be paid to the Supreme Court Bar Association Welfare Fund. We thank Their Lordships for passing this Order. A copy of that Order is annexed to this news letter. Whenever the question of refund of security payment or any amount by way of cost are token up, the Hon'ble members may kindly cite this precedent and request that instead of the money going to the legal aid committee, it should be given to the Supreme Court Bar Association Welfare Fund account. In fact, the Legal Aid Committee has surplus money. It is for that reason that the members of the Bar appearing in their respective matters may request that the money should be paid to Supreme Court Bar Association Welfare Fund.

9. CONSTRUCTION OF SECURITY BARRACKS:

The construction of limited security barracks as mentioned in the Newsletter No. 1 of 2004 was concluded. Thereafter the security personnel wanted that more barracks should also be constructed near the same place. The suggestion of the Supreme Court Bar Association was that the construction of the Barracks already done has affected the parking space adversely and more construction near the same place would cause great inconvenience to the members of the Bar having chambers in Chamber Block No. 1 and 3. The President, the Secretary and four members of the Association, who have their chambers in Chamber Block No. 1, namely, Mr. Sushil Kumar Jain, Mr. A.V. Rangam, Ms A. Subhashini and Ms. Priya Hingorani, were given a hearing by the Hon'ble Chief Justice of India on 5th August 2004. Hon'ble the Chief Justice of India, Hon'ble Mr. Justice N. Santosh Hegde and Hon'ble Mr. Justice Y.K. Sabharwal visited the area on 11th August 2004 and heard the members of the Association. We hope and pray that the representation made by the Association will be accepted.

10. MEDICAL FACILITY:

I am happy to inform you that Chamber No. 2 in the new chambers building has been allotted on 17.7.2004 by the Hon'ble Chief Justice of India to the Supreme Court Bar Association, to be used as a medical room for the members of the Bar.

The Supreme Court will not collect any rent nor charge us for the electricity consumed for that room. We are thankful to the Hon'ble the Chief Justice of India for this kind gesture. The Escort Hospital, through the good offices of our member Ms. Indu Malhotra, are ready to set up a free clinic for the exclusive use of members of the SCBA, if an area of 1000 sq.ft is made available, The area made available in Chamber No. 2 is too small. The Escort Hospital is also ready to set up a pharmacy so that members can purchase genuine medicine at reasonable price. We are making a request to Hon'ble the Chief Justice of India to allot more space in addition to chamber No. 2 so that we can look after the health of the Hon'ble members.

11. LADIES BAR ROOM:

Whatever changes and amendments asked by the members in the Ladies Bar Room have been carried out. Our President has contributed a Window AC to the Ladies Bar Room.

12. NEW CHAMBER BLOCK LIBRARY:

The new chamber block library at the 4th floor has started functioning. Forty-eight new chairs have been purchased for the Library No. 4 in the New Chamber block. Two Air Conditioners have been purchased and installed in Library 4. One Air conditioner has been donated by our Vice President. Any members are welcome to donate the second Air Conditioner. An Air Conditioner has been donated by our Vice President, for the 4th Floor Library in the New Chamber block. I welcome suggestions from the Hon'ble members for improvement of this Library.

13. LUNCH ROOM :

In lunch room carpets have been changed and blinds installed in the windows. Some extra lockers have been shifted from lunch room to ground floor for the convenience of the members using the lunch room.

14. FAX MACHINE :

A fax machine has been donated by Mr. K.K. Venugopal, former President of the Supreme Court Bar Association for the office use. We thank him.

15. DISPLAY BOARD IN COURT ROOMS:

We have made a representation to the Hon'ble Chief Justice of India that the Display Board showing the position of matters going on in different Courts should also be installed in all the Court rooms so that a member sitting in a particular court need not go out to see the display board. On an experimental basis the Court is going to set up the Display Board in the Hon'ble Chief Justice's Court and thereafter will take a final decision.

16. CALENDAR OF EVENTS:

i) 6th July, 2004:

On 6th July, 2004, Hon'ble Mr. Justice K. Ramaswamy, former judge of the Supreme Court was kind enough to visit the Supreme Court library and meet the Hon'ble members of the Bar on Tuesday, 6th July 2004.

ii) 8th July, 2004 :

The Office Bearers of the Welfare Society went to the Office of the Noida Authorities and met the Chairman and the Chief Executive Officer and other Officers, requesting for allotment of land.

iii) Felicitation Function: - 15th July, 2004:

On 15th July the Supreme Court Bar Association felicitated six of its members, Hon'ble Mr. Somnath Chatterjee, who is a member since 27.10.1969, Hon'ble Mr. Pranab Mukherjee, who is a member since 23.3.1988; Hon'ble Mr. H R Bhardwaj, who is a member since 20.11.1980; Hon'ble Mr. P Chidambaram, who is a member since 4th February, 1980; Hon'ble Mrs. Meira Kumar, who is a member since 31.12.1986 and Hon'ble Mr. Kapil Sibal who is a member since 5.2.1974. We received Messages of good wishes from H.E. Mr. Bhairon Singh Shekhawat, Vice President of India; Dr. Manmohan Singh, Hon'ble Prime Minister of India and former Judges of the Supreme Court. All the six Honourable members to be honoured came for the function sharp at 7.00 p.m. Hon'ble the Chief Justice of India, Hon'ble Judges of the Supreme Court and Hon'ble Judges of the Delhi High Court also graced the occasion. Mr. K. Venkatapathy, Hon'ble Minister of State for Law and Justice; H.E, Sir Michael Arthur, British High Commissioner and other members of the diplomatic missions attended the function. At the dinner which followed the function, Smt. Shiela Dikshit, Hon'ble Chief Minister of Delhi joined us.

We received thanks from all the Six Hon'ble Ministers. I will like to quote the letter dated 17th July, 2004 received from Hon'ble Ms. Meira Kumar:

"Dear Shri PH. Parekhji,

The felicitation function and dinner on 15th July, 2004 in honour of me, and my colleagues was magnificent. It was very nice of you and the members of the Reception Committee to organize a function at such a grand scale. We all enjoyed ourselves. Please accept my thanks for the beautiful gesture and convey my deep appreciation to all those who worked for it

I wish the Bar all success in its endeavours under your Presidentship,

Regards.

Yours sincerely,
Meira Kumar (Smt.)"

The Supreme Court Bar Association has not spent any amount for this entire function which was raised by forming a Reception Committee specially for this function. We are thankful to each and every member of the Reception Committee who contributed to meet the expenditure of the function as well as the dinner and the publication of the brochures.

iv) 17th July, 2004 - Allotment of Chamber for Clinic:

We received a letter from the Supreme Court Registry dated 17th July, 2004 about the allotment of Chamber No. 2 for purpose of running the clinic.

v) 20th July, 2004 - Inauguration of Lecture Series:

On 20th July 2004 the Lecture Series (having 19 Lectures during the period July 2004 to April 2005) was inaugurated by Hon'ble Mr. Justice R.C. Lahoti, the Chief Justice of India. The subject was "Substantive and Procedural Reforms in Supreme Court". Mr. Millon Kumar Banerjee the Learned Attorney General for India, Mr. Fali S. Nariman, President of Bar Association of India, Mr. S. Murlidhar and Mr. Manoj Swarup addressed the gathering and gave their suggestions. Around 500 members of the Bar attended this lecture and looking at the tremendous response and the fact that donations are forthcoming, all the 19 lectures will be held in the Main Auditorium of the Indian Society of International Law. All the Hon'ble members of the Bar are cordially invited to participate in the lecture series and speak on any topic of their choice.

vi) 23rd July 2004 : Registration of Clerks

On 23rd July, 2004, a representation was made to the Registrar General of the Supreme Court that identity cards be issued to the clerks of the advocates who are neither Senior Advocates and nor Advocates on Record. The junior advocates who are members of the SCBA, require a registered clerk who can carry their briefs, books etc. to the courtroom. A lot of inconvenience is being caused to them because of lack of registration of their clerks.

Some of the office bearers met the Registrar-General on 20th September, 2004 and reminded him about this issue.

vii) 3rd August 2004 - Visit of Hon'ble Judges of Supreme Court of Thailand:

On Tuesday, the 3rd August 2004 a delegation of five Supreme Court Judges and 10 other judges from Thailand joined the members of the Supreme Court Bar Association. The delegation discussed about Environmental Law and Public Interest Litigation in the field of Environmental Law. The Hon'ble Judges exchanged their views with the members of the Bar and the leader of the delegation, a senior Judge of the Supreme Court of Thailand, gave an excellent speech. Our President pointed out the contribution of the Supreme Court Judges and the members of the Bar in the field of Environmental Law.

viii) 5th August 2004:

The meeting of the Office Bearers and Members of the Association having their offices in chamber block No. 1 with the Hon'ble Chief Justice of India regarding construction of security barracks.

ix) 5th August, 2004 - Visit by Hon'ble Mr. Justice S.H. Kapadia:

On Thursday, the 5th August 2004 Hon'ble Mr. Justice S.H. Kapadia, judge of the Supreme Court, on invitation by the Supreme Court Bar Association, joined the members of the Bar over a cup of tea.

x) 10th August, 2004 -Visit by Hon'ble Mr. Justice A.K. Mathur and Hon'ble Mr. Justice C.K. Thakkar:

On Tuesday the 10th August, 2004 Hon'ble Mr. Justice A.K. Mathur, Judge of the Supreme Court and Hon'ble Mr. Justice C.K. Thakkar, Judges of the Supreme Court, on invitation by the Supreme Court Bar Association joined the members of the Bar over a cup of tea.

xi) 10th August 2004:

The decision of the Supreme Court conveyed by the letter inviting applications for allotment of Chambers from Senior Advocates, Advocates-on-Record and other Advocates.

xii) 10th August, 2004 - Lecture Series:

On 10th August 2004 there was a lecture on "Welfare Schemes for Members of the Bar". Hon'ble Mr. Justice N. Santosh Hegde presided over the lecture and delivered the Presidential Address. Very useful suggestions were made by the following speakers:

i) Mr. Goolam Vahanvati

The Learned Solicitor General of India

ii) Mr. RR Rao

Former President, Supreme Court Bar Association

iii) Ms Indu Malhotra

Advocate, Supreme Court

iv) Mr. Sunil Kumar Jain

Advocate, Supreme Court

xiii) 11th August 2004:

Visit by the Hon'ble Chief Justice of India, Hon'ble Mr. Justice N. Santosh Hegde and Hon'ble Mr. Justice Y.K. Sabharwal to see the difficulty of parking in view of construction of the security barracks.

xiv) 11th to 13th August 2004 -Online Legal Library Demonstration:

A demonstration of 'on-line Legal Library of Manupatra' was organized in the Computer Room by the Supreme Court Bar Association on 11th, 12th and 13th August 2004. The demonstration was given free of charge and large number of members of the Association took advantage of this demonstration.

xv) 24th August, 2004- Condolence Meeting:

On 24th August 2004 a special General Body meeting of the Supreme Court Bar Association was held to condole the sad demise of the following members of the Association;

i) Mr. Justice D.R. Khanna, Senior Advocate.

ii) Mr. M.S. Gill, Advocate.

iii) Mr. D. Goburdhun, Advocate.

The members passed condolence resolutions and stood in silence to pray for the departed soul.

xvi) 24th August, 2004 - Lecture Series:

On 24th August 2004 a lecture was organized by the Supreme Court Bar Association on 'Justice Delayed'. Hon'ble Mr. Justice Y.K. Sabharwal, Judge, Supreme Court of India, presided over the function. The following speakers made very useful suggestions:

i) Mr. K.T.S. Tulsi
Senior Advocate, Supreme Court

ii) Mr. Sushil Kumar Jain,
Senior Advocate/ Supreme Court

iii) Ms. Sushma Manchanda
Advocate, Supreme Court.

iv) Mr. Ashok Arora

xvii) 31st August, 2004 - Lecture by German Minister:

On 31st August 2004 a lecture was delivered by Hon'ble Madam Dr. Beate Merk, State Minster for Justice, Free State of Bavaria, Germany on 'European Constitution'. Hon'ble Mr. Justice N. Santosh Hegde, Judge, Supreme Court of India, presided over the function. There were questions answers after the lecture.

xviii) 1st September 2004 - Lecture by Dr. Kamal Hossain:

On 1st September 2004 a lecture was delivered by Dr. Kamal Hossain, Vice Chairman of the International Law Association and an eminent jurist from Bangladesh. The topic was "International Law and Sustainable Development - Need for International cooperation". Hon'ble Mr. Justice Y.K. Sabharwal, Judge, Supreme Court of India, presided over the function.

xix) 2nd September 2004 - Visit by Former Judge of International Court of Justice:

On 2nd September Hon'ble Mr. Justice C.G. Weeramantry (Rtd.), Supreme Court of Sri Lanka and a former Judge of International Court of Justice gave a very interesting and informative talk to the members of the Association against nuclear arms. He described what would happen if a nuclear war takes place in future. He also informed the members that in the month of March 2005 there is going to be an international conference in Sri Lanka and has invited the members of the Barto join.

xx) 3rd September 2004:

A meeting held by the Office Bearers of the Welfare Society with the Chairman and the Chief Executive Officers of the Noida Authorities. The office bearers were informed that the land can't be allotted to the SCBA Lawyers' Welfare Society nor can they bid in auctions reserved for Housing Societies, because it is not a group Housing Cooperative Society.

xxi) 4th September, 2004:

An emergent meeting of the General Body of the Welfare Society was held where the Hon'ble members decided to form a Cooperative Society.

xxii) 4th September, 2004 -Emergent Meeting to Condemn Attack on Lucknow Lawyers' by Police:

An Emergent Executive Committee Meeting of the SCBA was held on 4th September, 2004 in view of the barbaric incident of the Police brutally assaulting the members of the Oudh Bar, the Supreme Court Bar Association demanded an immediate and strong action against the erring police officials and expressed solidarity with the Oudh Bar Association. Our President was in touch with the Office Bearers of the Oudh Bar Association including Dr. Ashok Nigam, the President of the Allahabad High Court Bar Association at Lucknow as well as Mr. Chhote Lal Pandey, the President of the Allahabad High Court Bar Association. It was further resolved to show solidarity amongst the lawyers fraternity by the SCBA members by wearing red ribbons as protest day.

xxii) 4th September 2004 - High Tea in Honour of Chief Justices of the High Courts:

The Executive Committee of the Supreme Court Bar Association invited all its members to a High Tea in honour of the Hon'ble Chief Justices of the High Courts attending the Chief Justices Conference at 4.30 p.m. at the Supreme Court Lawns., New Delhi.

Hon'ble the Chief Justice of India, Hon'ble Judges of Supreme Court, Hon'ble Chief Justice and Hon'ble Judges of Delhi High Court also joined.

xxiii) 6th September 2004

Site visit was organized to see the flats of the Noida by the members of the Bar, who were interested in purchasing the flats,

xxiv) 8th Sept. 2004 - Members wore red ribbon to express solidarity with Lucknow Lawyers.

The members of the Association while attending the Court on 8th September, 2004 wore red badges to register our protest at the police assaults made on our brothers and sisters to express our solidarity with our brothers and sisters at Lucknow Bar.

xxv) 13th Sept. 2004 - Earnest request to accommodate juniors:

We had requested junior members of the Bar who wanted to work with seniors in the profession or the law firms to give their names. We have received 87 names. On 13th September, 2004, we requested the designated senior advocates and seniors in profession and the law firms to give an opportunity to the 87 young applicants. We request the wholehearted support of the members of the Bar in giving an opportunity to the struggling juniors who very much need a helping hand from those of us who are doing well.

xxvi) 14th Sept. 2004:

Hon'ble Mr. Justice Tarun Chatterjee and Hon'ble Mr. Justice P.K. Balasubramanyan's visit to the Bar Association:

On Tuesday the 14th September 2004 Hon'ble Mr Justice Tarun Chatterjee and Hon'ble Mr. Justice P.K. Balasubramanyan Judges of the Supreme Court on the invitation by the Supreme Court Bar Association joined the members of the Bar over a cup of tea.

xxvii) 14th Sept. 2004 - Lecture Series:

On Tuesday, the 14th September, a lecture on Disciplinary jurisdiction by Bar Councils was held at the Indian Society of International Laws at 4.30 p.m. Hon'ble Mrs. Justice Ruma Pal presided over this function. The other speakers were Mr. Gopal Subramanium, Sr. Advocate, Mr.N.S. Bhatt, Vice-Chairman, Bar Council of India, Mr. K. K. Sareen, Chairman, Bar Council of India and Mr. Satish Agnihotri, Advocate.

xxviii)16th Sept. 2004 - Hon'ble Mr. Justice P. P. Naolekar's visit to the Bar Association:

On thursday, the 16th September on the invitation by the Supreme Court Bar Association, Hon'ble Mr. Justice P.P. Naolekar, Judge, Supreme Court joined the members of the Bar over a cup of tea.

xxix) 20th Sept. 2004 - Lecture by British Minister for Constitutional Affairs:

On Monday, the 20th September the Supreme Court Bar Association, Dr. L.M, Singhvi Foundation and Delhi High High Court Bar Association jointly held a function at the Indian Society of International Law. Mr. David Lammy, M.P, Minister for Constitutional Affairs, U.K. addressed on British Constitutional Reforms. Hon'ble Mr. Justice Shivraj V. Patil presided over this function.

17. EVENTS TO TAKE PLACE:

i) 24th Sept. 2004 - Blood Donation Camp:

On Friday, the 24th Sept.2004, the Supreme Court Bar Association has organized a Blood Donation Camp in the Supreme Court premises in cooperation with Rotary Club of Delhi, Safdarjung. Hon'ble Mr. Justice Y.K. Sabharwal, Judge, Supreme Court, will inaugurate this Camp at 10.00 a.m. and the Blood Donation will continue from 10.00 to 5.00 p.m. Members are requested to donate Blood. Donors and their family members can get blood according to their scheme which is already circulated.

ii) 24th Sept 2004: Lecture on Legal Aid System in Israel:

Dr. Kenneth Mann, Director, Programme on Legal Aid, Faculty of Law, Tel-Aviv University will address Members on the "Legal Aid System in Israel" on Friday, the 24th Sept. 2004 at 4.30 p.m. This programme is organized in collaboration with Human Rights Law Network. Hon'ble Mr. Justice K.G. Balakrishnan, Judge, Supreme Court will preside over this function.

iii) 28th Sept. 2004: General Body Meeting:

There is going to be a General Body Meeting of the Supreme Court Bar Association on Tuesday, the 28th of Sept. 2004 at 1.1 0 p.m. in the Main Auditorium of Indian Society of International Law. The main agenda will be the formation of a Multi-State Cooperative Society under the provisions of Multi-State Cooperative Societies Act, 2002. We propose to have a society with area of operation in four States - Delhi, U.P., Haryana and Rajasthan. This will enable us to acquire land in any of the four States. It is necessary that there are at least 50 members of the proposed cooperative society from each one of these four States before we make an application for registration of the Cooperative Society, the name of which will be SCBA Multi-State Cooperative Group Housing Society. The members of the Bar who have already become members of the Supreme Court Lawyers' Welfare Society would be entitled to automatically become member of the New Cooperative Society on filling up the Application Form. They do not have to pay Admission Fee of Rs.1000/-. The Admission Fee paid by them in the old society will be transferred to this new society. They will have to pay Rs. 100/- for purchase of shares of the new society. Other members of the Supreme Court Bar Association as on 23rd April, 2004 who are members of the Supreme Court Bar Association, will become members by paying an Admission Fee of Rs.1000/- and Rs.100/- for purchase of shares. Those applicants of the Society who have address in Delhi and in U.P., Haryana or Rajasthan, are requested to give their address in those States and not Delhi Address so that we complete the requirement of having atleast 50 members from each one of these States to complete it early.

The other issue which the General Body will deliberate upon is a requisition received from the junior advocates or advocates who are neither Sr. Advocates nor Advocates-on-record. They have made a request that the requirement for allotment of chambers for the Sr. Advocates is 50 numbers per year, however, for the junior advocates it should be lesser number. The Executive Committee finds that this is a genuine request and the President is going to request the General Body to accept this reasonable request. Once the request is accepted in the General Body meeting, a representation can be made to the Chamber Allotment Committee as well as to the Hon'ble the Chief Justice of India.

iv) 28th Sept. 2004: Lecture Series:

On Tuesday, 28th September 2004 there is a lecture on Use of Modern

Technology in Administration of Justice at the Indian Society of International Laws at 4.30 p.m. Hon'ble Mr. Justice S.N. Variava, Judge, Supreme Court has kindly agreed to preside over this function.

v) 18th Oct. 2004 - Lecture by Chairman of ICC, France:

On 18th October, 2004, the Association has invited Dr. Robert Briner, the Chairman of ICC International Court of Arbitration, France to address the members at 4.15 p.m.

vi) 26th Oct. 2004: Lecture Series:

On Tuesday, the 26th October, 2004, there is a Lecture on "Reforms in Criminal Justice System". Hon'ble Mr. Justice K.G. Balakrishanan, Judge, Supreme Court will preside over this Lecture.

vii) December, 2004 - AOR Exams:

The next examination of the Supreme Court Advocates on Record will be held from 20th to 23rd December, 2004. The last date for submitting applications is 20th Nov. 2004. List of Leading Cases with regard to Paper-IV is available in the office of the SCBA and can be collected by any candidate who is interested. Following books are recommended for the candidates appearing for the examination:

Part I:

a) Advance Accounting -- By Shukla and Grewal.

b) Book Keeping and Accountancy - By Batliboy.

Part II:

a) The Advocates Act and Cases reported under the Advocates Act particularly disciplinary proceedings.

b) Cases relating to Contempt of Court involving Advocates.

c) Bar Council of India Rule.

d) Supreme Court of India Rules.

The following books will be allowed in the Examination Hall in Paper-Ill :-

a) Elementary Book Keeping by Dalal and Dalal.

b) Book-keeping and Accounts by Spicer and Pegler.

c) Advance Accounting by Shukla and Grewal.

d) Book Keeping and Accountancy by Batliboy.

Ms. Pareena Swarup
Hony. Secretary


SECTION III A

Court No. 3

SUPREME COURT OF INDIA

RECOR OF PROCEEDINGS

The Commissioner of Gift-Tax (Central) vs Shri J.N. Marshall (Office Report on default)

Civil Appeal No. 2270/1979

CORAM: Hon'ble Mr. Justice Yk. Sabharwal Hon'ble Mr. Justice D.M. Dharmadhikari

6 August 2004

Mr. Vishnu Sharma, Adv. and Mr. B.V. Balaram Das, Adv. for Appellant (s)
Mr. P.H. Parekh, Adv. for Respondent (s)

UPON hearing counsel the Court made the following

ORDER

Let the amount be sent to Supreme Court Bar Association Welfare Fund.

- Sd -

S. Thapar
P.S. to Registrar

- Sd -

(V.P. Tyagi)
Court Master