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december 2014

Supreme Court of India · 2014-12-16

S.Seshachalam & Ors.Etc vs Chairman Bar Council Of Tamilnadu & Ors

Citation / case number
AIR 2015 SUPREME COURT 816
Court
Supreme Court of India
Petitioner
S.Seshachalam & Ors.Etc
Respondent
Chairman Bar Council Of Tamilnadu & Ors
Author
R. Banumathi
Bench
R. Banumathi, M.Y. Eqbal

Judgment text excerpt

The Supreme Court examined the constitutionality of the proviso to Section 16 Explanation II (5) of the Tamil Nadu Advocates' Welfare Fund Act, 1987, and Section 1(3) of the Bihar State Advocates' Welfare Fund Act, 1983, which deny benefits to advocates receiving pension or gratuity. The Court held that such classifications are arbitrary and violate Article 14 of the Constitution, as they unjustly discriminate against advocates who enroll after retirement. The Court upheld the decision of the Madras High Court that struck down the impugned provisions as unconstitutional, thereby favoring the appellants' claims for benefits.

S.Seshachalam & Ors.Etc vs Chairman Bar Council Of Tamilnadu & Ors · Niyam