Write short notes on the following: [answer these questions, I don't

need you to make notes]

1. Duties of an advocate towards the colleagues.
2. Right of an advocate to practice.
3. Parameters for designation of Senior Advocates.
4. Legal Disability
4. Legal Aid

8/8

Here are the answers for each of your short note questions:

1. Duties of an Advocate Towards Colleagues

Advocates have several important duties toward their colleagues, which include:

Respect and Professionalism: Advocates must treat each other with respect, maintaining a
professional demeanor in all interactions. This includes avoiding personal attacks and
maintaining civility.

Cooperation: Advocates should assist each other in the interest of justice. This can involve
sharing information, expertise, or resources that may help in a case.

Disclosure of Conflicts: Advocates must disclose any potential conflicts of interest to their
colleagues to maintain transparency and integrity in their professional relationships.

Support in Professional Development: Experienced advocates are encouraged to mentor junior

colleagues, providing guidance and support in their professional growth.

Protection of Professional Reputation: Advocates should refrain from making disparaging

remarks about colleagues in public or private forums, thereby upholding the dignity of the legal
profession.

2. Right of an Advocate to Practice

The right of an advocate to practice law is governed by the Advocates Act, 1961. This act establishes
that:

Only individuals enrolled as advocates with the Bar Council of India or a State Bar Council can
practice law in India.

Advocates have the right to appear in any court of law or before any authority within the
jurisdiction they are authorized to practice.

This right includes representing clients, presenting cases, and conducting legal proceedings on
behalf of clients.

The right to practice may be subject to conditions imposed by the Bar Council, such as
maintaining professional conduct and fulfilling continuing legal education requirements.

3. Parameters for Designation of Senior Advocates

The designation of a Senior Advocate in India is conferred by the Supreme Court or the High Court
and is based on several parameters, including:

Experience: The advocate must have a substantial number of years of practice at the Bar,
typically not less than 10 years.

Knowledge of Law: The advocate should demonstrate a high level of legal knowledge and
expertise in their area of practice.

Integrity and Conduct: The advocate must possess good character and a reputation for integrity
and ethical conduct.

Contribution to the Legal Profession: The advocate should have made significant contributions
to the advancement of the law and the legal profession.

Advocacy Skills: The advocate should exhibit exceptional advocacy skills, including the ability to
present cases effectively in court.

4. Legal Disability
Legal disability refers to a condition that restricts an individual's capacity to engage in legal
transactions or actions. Common examples include:

Minors: Individuals below the age of majority (18 years in India) are legally disabled from
entering into contracts.

Unsound Mind: Persons who are of unsound mind or mentally incapacitated are deemed legally
disabled to make decisions or enter contracts.

Drunkards: Individuals who are intoxicated and unable to comprehend their actions may also be
considered legally disabled.

Insolvents: Individuals declared insolvent may have restrictions on their legal capacity to
manage their affairs or enter into agreements. Legal disability protects individuals who may not
fully understand the implications of their actions, ensuring fairness in legal dealings.

5. Legal Aid
Legal aid refers to the provision of free or subsidized legal services to individuals who cannot afford
to hire a lawyer. Key aspects of legal aid include:

Access to Justice: Legal aid ensures that marginalized and economically disadvantaged
individuals have access to legal representation, thereby promoting equality before the law.

Government Initiatives: In India, legal aid is provided through government schemes and
programs, such as the National Legal Services Authority (NALSA), which oversees legal aid
services across the country.

Types of Services: Legal aid encompasses various services, including legal advice, representation
in court, assistance in drafting documents, and mediation services.

Eligibility: Individuals seeking legal aid must meet certain eligibility criteria, often based on
income or social status, to qualify for free legal services.

Promotion of Awareness: Legal aid programs also focus on raising awareness about legal rights
and services available, helping individuals understand and exercise their legal entitlements.

Feel free to ask for further elaboration on any of these points or if you have more questions!

Write short notes on the following:

1. Types of Petition entertained by the Supreme Court
2. Advocates and their course of conduct under the Delhi High Court
Rules.
3. Duty to Client
4. Right to Practice

Here are the short notes for your requested topics:

1. Types of Petitions Entertained by the Supreme Court

The Supreme Court of India entertains various types of petitions, including:

Writ Petitions: Under Article 32 of the Constitution, individuals can file writ petitions to enforce
fundamental rights. The Supreme Court can issue writs such as habeas corpus, mandamus,
prohibition, quo warranto, and certiorari.

Special Leave Petitions (SLPs): Under Article 136, the Supreme Court has the discretion to grant
special leave to appeal against any judgment or order of any lower court or tribunal. SLPs allow
for the review of cases that may not fall under the ordinary appellate jurisdiction.

Public Interest Litigation (PIL): The Court also entertains PILs, which are filed for the protection
of the public interest. These petitions can address issues such as human rights violations,
environmental concerns, and social justice.

Review Petitions: After a judgment is delivered, parties may file review petitions under Order 47
of the Supreme Court Rules to seek a re-examination of the decision based on errors apparent
on the face of the record.

Curative Petitions: Filed after a review petition is dismissed, curative petitions are used to seek
reconsideration of a judgment to ensure justice, especially in cases where the petitioner feels
that a grave injustice has occurred.
2. Advocates and Their Course of Conduct Under the Delhi High Court Rules
The Delhi High Court Rules outline the conduct expected from advocates, which includes:

Professional Conduct: Advocates must maintain integrity, honesty, and professionalism in all
dealings, both in and out of the court. They should avoid any behavior that may discredit the
legal profession.

Respect for Court: Advocates are required to show respect for the court and its officers,
refraining from any conduct that may undermine the dignity of the court.

Confidentiality: Advocates must keep all communications with clients confidential, safeguarding
client interests and trust.

Cooperation with Colleagues: Advocates are encouraged to cooperate with each other and
assist in the proper functioning of the court.

Adherence to Court Orders: Advocates should comply with the orders and directions of the
court, ensuring prompt action on matters concerning clients’ cases.

3. Duty to Client
The duty to a client encompasses several responsibilities that advocates must uphold:

Loyalty and Confidentiality: Advocates must act in the best interests of their clients, maintaining
strict confidentiality about all client information and communications.

Competence: Advocates have a duty to provide competent representation by staying informed

about relevant laws and procedures and seeking help if necessary to ensure effective advocacy.

Informed Consent: Advocates must inform clients about their rights, options, and potential
outcomes, allowing clients to make informed decisions regarding their cases.

Diligence: Advocates should act with due diligence and promptness in representing their clients,
ensuring that deadlines and procedural requirements are met.

Avoiding Conflicts of Interest: Advocates must avoid situations that may create conflicts of
interest and disclose any potential conflicts to clients.

4. Right to Practice
The right to practice law is a fundamental entitlement of advocates, governed primarily by
the Advocates Act, 1961. Key aspects include:

Eligibility: Only individuals enrolled as advocates with the Bar Council of India or a State Bar
Council have the right to practice law in India. This enrollment requires meeting specific
educational and professional qualifications.

Scope of Practice: Advocates have the right to represent clients in various legal proceedings,
including civil, criminal, and administrative matters, before courts, tribunals, and other
authorities.

Freedom of Practice: Advocates are free to choose their area of specialization and can practice
independently or in partnership with other advocates.

Regulatory Oversight: The right to practice is subject to the regulations and rules established by
the Bar Council, which includes maintaining ethical standards and professional conduct.

Protection Against Arbitrary Removal: Advocates cannot be arbitrarily removed from practice
without due process, ensuring the protection of their right to practice.

Feel free to ask if you need more details on any of these topics or if you have additional questions!

(a) Types of Petitions that can be entertained by the Supreme Court of

India.
(b) Advocates under the Supreme Court Rules.

Here’s a detailed breakdown for each of your queries:

(a) Types of Petitions that Can Be Entertained by the Supreme Court of India
The Supreme Court of India entertains several types of petitions, including:
 1. Writ Petitions:

Filed under Article 32 of the Constitution for the enforcement of fundamental rights.

The Supreme Court can issue various writs, including:

Habeas Corpus: For securing the release of a person detained unlawfully.

Mandamus: Directs a public authority to perform a duty it is obligated to perform.

Prohibition: Prevents a lower court or tribunal from exceeding its jurisdiction.

Quo Warranto: Challenges the authority of a person holding a public office.

Certiorari: For reviewing the legality of a decision made by a lower court or tribunal.

2. Special Leave Petitions (SLPs):

Filed under Article 136 of the Constitution, allowing the Supreme Court to grant special
leave to appeal against any judgment or order from any lower court or tribunal.

The court has the discretion to accept or deny such petitions.

3. Public Interest Litigation (PIL):

Filed for the protection of public interest, addressing issues like human rights violations,
environmental protection, and social justice.

The Supreme Court has broadened the scope of PILs to allow individuals or organizations
to file petitions on behalf of those unable to represent themselves.

4. Review Petitions:

After a judgment is delivered, parties may file review petitions under Order 47 of the
Supreme Court Rules to seek a re-examination of the decision.

Review petitions are typically based on apparent errors on the face of the record.

5. Curative Petitions:

Filed after a review petition has been dismissed, curative petitions are used to seek
reconsideration of a judgment to ensure justice, especially when a grave injustice has
occurred.

6. Contempt Petitions:

Filed to address contempt of court issues, where an individual is accused of disrespecting

the court or failing to comply with its orders.

(b) Advocates Under the Supreme Court Rules

The Supreme Court Rules, 2013, outline various provisions related to the conduct, responsibilities,
and procedures for advocates appearing before the Supreme Court. Key aspects include:

1. Eligibility to Practice:

Only advocates enrolled with the Bar Council of India or State Bar Councils can practice in
the Supreme Court.

Advocates must fulfill certain qualifications and comply with the rules set forth by the Bar
Council.

2. Advocates' Conduct:

Advocates are expected to maintain professional integrity, honesty, and respect for the
court.

They must refrain from conduct that discredits the legal profession or undermines the
dignity of the court.

3. Duties Towards Clients:

Advocates must act in the best interests of their clients, maintaining confidentiality and
providing competent representation.

They should keep clients informed about the progress of their cases and seek their
instructions on significant matters.

4. Appearance and Representation:

Advocates must file their vakalatnama (power of attorney) before representing a client in
court.
 They are required to adhere to proper dress code and decorum in court proceedings.

5. Prohibition of Unethical Practices:

The Supreme Court Rules prohibit advocates from engaging in unethical practices, such as
offering inducements to court officials or presenting false evidence.

6. Bar Council Rules:

Advocates must abide by the rules set by the Bar Council of India regarding professional
conduct, including obligations to the court, clients, and fellow advocates.

7. Representation of Legal Aid:

Advocates are encouraged to provide legal aid services to the underprivileged and to
participate in pro bono work as part of their professional responsibilities.

These provisions ensure that advocates conduct themselves with professionalism and integrity while
representing clients in the Supreme Court. If you need more details or further clarification on any
specific point, just let me know!

Discuss the role and power of Single Judge under the Delhi High
Court Rules.

The role and power of a Single Judge under the Delhi High Court Rules are essential in the
functioning of the court and the administration of justice. Here’s a detailed discussion of these
aspects:

Role of a Single Judge

1. Adjudication of Cases:

A Single Judge has the authority to hear and decide cases, including civil, criminal, and writ
matters. This includes first appeals from lower courts, petitions, and other legal matters that
come before the High Court.

2. Interlocutory Applications:

The Single Judge deals with interlocutory applications, which are requests made during the
course of litigation to obtain interim orders or directions. This can include stay orders,
injunctions, or bail applications.

3. Writ Jurisdiction:

Under Article 226 of the Constitution, a Single Judge has the power to issue writs for the
enforcement of fundamental rights and for other purposes, such as directing authorities to
perform their statutory duties.

4. Hearing of PILs:

Single Judges can entertain Public Interest Litigations (PILs) and address issues of public
concern, ensuring that the interests of the public are protected.

5. Mediation and Settlement:

The Single Judge may encourage mediation or settlement between parties to resolve
disputes amicably, especially in civil cases. They can refer cases to mediation centers for this
purpose.

6. Administrative Functions:

Apart from judicial functions, a Single Judge also performs administrative roles, which may
include presiding over court proceedings, managing court schedules, and overseeing the
functioning of the court staff.

Powers of a Single Judge

1. Powers of Review:

A Single Judge has the authority to review their own orders or decisions in certain
circumstances, ensuring that any errors or injustices can be corrected.

2. Passing Interim Orders:

 The Single Judge can pass interim orders to protect the rights of parties pending the final
decision of a case. This includes granting or refusing bail, issuing injunctions, or staying
lower court orders.

3. Enforcement of Rights:

The Single Judge can enforce the rights of individuals and organizations by issuing
directions to authorities or public officials, ensuring compliance with legal duties.

4. Discretionary Powers:

A Single Judge exercises discretionary powers while adjudicating matters. This includes the
ability to decide the maintainability of petitions and applications and whether to admit a
case for hearing.

5. Final Orders in Certain Matters:

In some cases, the Single Judge can issue final orders, particularly in matters of limited
scope or where no further appeal is required. This expedites the judicial process and
reduces the burden on the court.

6. Regulation of Proceedings:

The Single Judge has the authority to regulate proceedings in court, including the
management of evidence, examination of witnesses, and control over the conduct of parties
and their counsel.

Conclusion
The role and power of a Single Judge under the Delhi High Court Rules are crucial for the efficient
functioning of the judiciary. They ensure timely justice, facilitate the resolution of disputes, and
uphold the rule of law. The authority granted to a Single Judge allows for both judicial and
administrative functions, contributing to the overall effectiveness of the court system. The Single
Judge acts as a critical point of access to justice for individuals seeking redress and protection of
their rights.

If you need further elaboration on specific points or have additional questions, feel free to ask!

Discuss the duties of an Advocate towards the Court with the help of
decided cases. Can an Advocate plead in any matter in which he has
pecuniary interest?

Duties of an Advocate Towards the Court

Advocates play a vital role in the legal system, and their duties towards the court are critical for
maintaining the integrity and functioning of the judiciary. The following outlines key duties of an
advocate towards the court, supported by decided cases:

1. Duty to Uphold the Integrity of the Court:

Advocates must act with integrity and professionalism, ensuring that their conduct does not
bring the court into disrepute.

Case Example: In In Re: J.P. Sharma (AIR 1974 SC 51), the Supreme Court held that an
advocate must refrain from making any false statements or misleading submissions to the
court, as this undermines the trust and integrity of the judicial process.

2. Duty to Present Truthfully:

Advocates have an obligation to present facts and law honestly, without misrepresentation
or suppression of material facts.

Case Example: In State of Uttar Pradesh v. Raj Narain (AIR 1975 SC 865), the Supreme Court
emphasized that advocates should assist the court in arriving at the truth by presenting
accurate and truthful information, which is essential for the administration of justice.

3. Duty to Maintain Respect for the Court:

Advocates must show respect for the court, its judges, and its processes. Disrespectful
behavior or language can undermine the dignity of the judiciary.
 Case Example: In C.K. Prasad v. Union of India (AIR 2006 SC 779), the Supreme Court
reiterated that advocates must maintain decorum in court and avoid using derogatory
language towards the judges.

4. Duty to Disclose Conflicts of Interest:

Advocates must disclose any personal or financial interests that may affect their impartiality
or that of the court.

Case Example: In The Bar Council of India v. The State of Uttar Pradesh (AIR 1976 SC 735),
the court emphasized the importance of disclosure of any potential conflict of interest,
stating that an advocate must not take advantage of their position in a manner that
compromises the court's impartiality.

5. Duty to Comply with Court Orders:

Advocates are required to comply with the orders and directions issued by the court,
demonstrating respect for its authority and decisions.

Case Example: In Pankaj Kumar v. State of Bihar (AIR 2009 Patna 73), the court held that
failure to comply with court orders could result in contempt proceedings against the
advocate, reinforcing the duty of advocates to uphold court mandates.

Can an Advocate Plead in Any Matter in Which He Has Pecuniary Interest?

No, an advocate cannot plead in any matter in which they have a pecuniary interest, as this would
constitute a conflict of interest and compromise the integrity of the legal profession. The Advocates
Act, 1961, and the Bar Council of India Rules clearly outline that:

Conflict of Interest: Advocates must avoid situations where their financial interests may conflict
with their duties to their clients or the court. This is essential to maintain the advocate's
professional integrity and the trust of clients and the public in the legal system.

Professional Ethics: The ethical obligation requires advocates to maintain impartiality and not to
represent clients in cases where they have a personal stake. This is crucial to ensure that justice
is served without bias.

Case Example: In Nirmal Singh v. State of Punjab (AIR 1976 SC 355), the Supreme Court held that
an advocate must not appear in a matter in which they have a personal interest, as this could
affect their ability to represent their client fairly and independently.

Conclusion
The duties of an advocate towards the court are fundamental to the integrity of the judicial system.
Advocates must conduct themselves ethically, present truthful information, maintain respect for the
court, and avoid conflicts of interest. The prohibition against pleading in matters where they have a
pecuniary interest is a crucial aspect of ensuring the fair administration of justice and upholding the
ethical standards of the legal profession. If you need more details or further examples, feel free to
ask!

Enumerate the duties of an Advocate towards the client.

Advocates have a range of essential duties towards their clients, which are crucial for ensuring
effective representation and upholding the integrity of the legal profession. Here are the key duties
of an advocate towards a client:

1. Duty of Competence
Advocates must provide competent legal representation by having a thorough understanding of
the law and relevant legal procedures. This includes staying updated on legal developments and
applying their knowledge effectively to the client's case.

2. Duty of Diligence
Advocates should act with diligence and promptness in representing their clients. This involves
timely filing of documents, meeting deadlines, and actively pursuing the client's interests in legal
matters.
3. Duty of Confidentiality
Advocates are required to maintain strict confidentiality regarding all communications with their
clients. This duty protects the client’s information and promotes trust in the attorney-client
relationship.

4. Duty to Inform and Advise

Advocates have a responsibility to keep clients informed about the progress of their case,
including potential risks and developments. They must provide clear and honest advice, allowing
clients to make informed decisions about their legal matters.

5. Duty of Loyalty
Advocates must act in the best interests of their clients and avoid any conflicts of interest. This
includes not representing opposing parties in the same matter and disclosing any potential
conflicts that may arise.

6. Duty to Follow Client Instructions

Advocates should respect and follow the lawful instructions of their clients, as long as these
instructions do not conflict with the advocate’s ethical obligations or the law.

7. Duty to Represent Zealously

Advocates must represent their clients zealously within the bounds of the law, advocating for
their rights and interests while maintaining professional integrity.

8. Duty to Maintain Professionalism

Advocates should conduct themselves professionally in all dealings, including interactions with
clients, opposing parties, and the court. This includes maintaining respect and civility at all times.

9. Duty to Avoid Unethical Conduct

Advocates must adhere to ethical standards and rules set by the Bar Council and relevant
professional bodies. This includes avoiding actions that could mislead the court or compromise
the client's case.

10. Duty to Keep Client’s Interests First

Advocates must prioritize their clients' interests above their own. This includes ensuring that
their fees are fair and reasonable, and not exploiting the client for financial gain.

11. Duty of Accountability

Advocates should be accountable to their clients for their actions and decisions. They must
maintain accurate records and provide transparent billing practices.

Conclusion
The duties of an advocate towards their client are fundamental to the legal profession and are
designed to ensure that clients receive competent, ethical, and diligent representation. Upholding
these duties not only protects the rights of clients but also reinforces public confidence in the legal
system. If you have further questions or need additional information, feel free to ask!

Who is an advocate under Supreme COurt Rules? Explain the

parameters for designating an advocate as a senior advocate with
special reference to Ms. Indira Jaising v. Supreme Court of India, AIR
2018 SC 101.

Who is an Advocate Under Supreme Court Rules?

An advocate, as defined under the Supreme Court Rules, is a person who has been duly enrolled as
an advocate by a State Bar Council under the Advocates Act, 1961. This act provides the framework
for the legal profession in India, outlining the rights and responsibilities of advocates. Advocates are
authorized to represent clients in legal proceedings before the Supreme Court and other courts in
India, provided they comply with the relevant rules and ethical standards.

Parameters for Designating an Advocate as a Senior Advocate

The designation of an advocate as a Senior Advocate is a mark of distinction, conferred by the
Supreme Court of India. This designation is granted based on several criteria, which aim to recognize
advocates with exceptional skills, experience, and contributions to the legal profession. The key
parameters for designation include:

1. Experience:

An advocate must have considerable experience in the legal field, typically requiring a
minimum number of years of practice. While there is no fixed tenure specified, a common
expectation is around 10 to 15 years of practice.

2. Professional Standing:

The advocate must possess a reputation for competence and integrity within the legal
community. This includes recognition from peers, judges, and clients as an expert in their
field of practice.

3. Contribution to Law and Society:

The advocate’s contributions to legal scholarship, advocacy for social causes, and
participation in significant cases may be considered. This includes involvement in landmark
cases that have impacted public interest or legal principles.

4. Specialization:

Advocates who have demonstrated expertise in specific areas of law, such as constitutional
law, criminal law, or corporate law, may be favored for designation. Specialized knowledge
is seen as an asset that enhances the quality of legal representation.

5. Advocacy Skills:

The advocate must exhibit exceptional advocacy skills, including the ability to present cases
effectively in court, engage with complex legal issues, and provide sound legal advice.

6. No Record of Misconduct:

An advocate seeking designation as a Senior Advocate must have a clean record, free from
any disciplinary actions or professional misconduct.

Special Reference: Ms. Indira Jaising v. Supreme Court of India, AIR 2018 SC
101
In the landmark case of Ms. Indira Jaising v. Supreme Court of India, the Supreme Court addressed
the criteria for the designation of Senior Advocates. The case primarily revolved around the denial of
Senior Advocate status to Ms. Indira Jaising, who is a prominent lawyer and human rights activist.

Key Points from the Judgment:

1. Recognition of Contributions:

The Supreme Court acknowledged Ms. Jaising's significant contributions to legal practice
and her advocacy for human rights, particularly in public interest litigation.

2. Gender Bias:

The court recognized that systemic biases existed in the designation process, particularly
against women advocates. The judgment emphasized the need for a more inclusive
approach that considers the contributions of female advocates.

3. Review of Procedures:

The court suggested that the criteria and procedures for designating Senior Advocates
should be reviewed to ensure transparency, fairness, and inclusivity. The process should not
be arbitrary or discriminatory.

4. Empowerment of Women Advocates:

The ruling highlighted the importance of empowering women in the legal profession and
ensuring that their achievements and contributions are recognized on par with their male
counterparts.

5. Change in Approach:
 The court encouraged a change in the approach towards the designation of Senior
Advocates, focusing on merit and contribution rather than traditional biases or perceptions
of seniority.

Conclusion
An advocate under the Supreme Court Rules is one who is enrolled with the Bar and authorized to
practice in the Supreme Court. The designation of Senior Advocate is reserved for those who
demonstrate exceptional legal acumen, integrity, and contributions to the legal profession. The case
of Ms. Indira Jaising serves as a significant landmark in recognizing the need for reform in the
designation process, advocating for inclusivity and fairness, particularly concerning women
advocates in the legal profession.

If you need further details or clarification on specific aspects, feel free to ask!

Exaplin the procedure followed by the Single Judge of High COurt in

exercise of its original civil jurisdiction.

The procedure followed by a Single Judge of the High Court in the exercise of its original civil
jurisdiction is designed to ensure fair and efficient resolution of civil disputes. This jurisdiction allows
the Single Judge to hear and determine civil matters at the first instance, as opposed to appeals from
lower courts. The following outlines the general procedure:

1. Filing of the Suit

Drafting and Filing: The plaintiff must draft a plaint (the written complaint) outlining the facts,
legal grounds, and relief sought. This plaint is filed in the appropriate registry of the High Court.

Court Fees: The plaintiff must also pay the requisite court fees based on the nature of the relief
sought.

Verification: The plaint must be verified by the plaintiff, confirming that the statements made
are true to the best of their knowledge.

2. Issue of Summons
Issuance of Summons: After filing the plaint, the court issues summons to the defendant(s) to
appear and respond to the suit.

Service of Summons: The summons must be served to the defendant(s) according to the
procedure laid down in the Code of Civil Procedure, 1908 (CPC). This can be done through
personal service, registered post, or other approved methods.

3. Appearance and Written Statement

Defendant's Appearance: The defendant must appear before the court on the date specified in
the summons. If the defendant fails to appear, the court may proceed with the case ex parte (in
the absence of the defendant).

Written Statement: The defendant is required to file a written statement within the stipulated
time (typically 30 days) after receiving the summons. This document contains the defendant's
response to the claims made in the plaint and may include counterclaims.

4. Framing of Issues
Identification of Issues: After the written statement is filed, the court frames issues based on the
pleadings of both parties. These issues define the points of contention that need to be resolved.

Settlement of Issues: The Single Judge may also direct the parties to settle certain issues,
promoting resolution without proceeding to trial.

5. Discovery and Interrogatories

Discovery: The parties may be required to disclose relevant documents and evidence. This phase
can involve applications for discovery of documents that may not have been disclosed initially.

Interrogatories: Parties may issue interrogatories (written questions) to each other to clarify
certain points before the trial.
6. Evidence
Presentation of Evidence: Each party presents their case by submitting oral and documentary
evidence. The plaintiff presents evidence first, followed by the defendant.

Examination of Witnesses: Witnesses may be examined and cross-examined during this

process. The Single Judge evaluates the credibility and relevance of the evidence presented.

7. Arguments
Final Arguments: After evidence has been presented, both parties will have the opportunity to
present their final arguments. The advocate for the plaintiff usually speaks first, followed by the
defendant’s advocate.

8. Judgment
Delivery of Judgment: After considering the evidence and arguments, the Single Judge delivers
a judgment. This judgment may include the decision on the issues framed and the relief granted
to the successful party.

Written Judgment: The judgment is documented in writing, detailing the reasons for the
decision and the legal principles applied.

9. Decree
Issuance of Decree: Following the judgment, a decree is drawn up, which is a formal order from
the court that outlines the decision. This decree is enforceable and may be executed if
necessary.

10. Appeal
Right to Appeal: Parties dissatisfied with the judgment of the Single Judge may have the right
to appeal to a Division Bench of the High Court or to the Supreme Court, depending on the
nature of the case and the legal provisions applicable.

Conclusion
The procedure followed by a Single Judge of the High Court in its original civil jurisdiction is
structured to promote fairness, efficiency, and justice. Each step is governed by the Code of Civil
Procedure, 1908, as well as specific High Court Rules, ensuring that all parties have a chance to
present their case and receive a reasoned judgment. If you have further questions or need
clarification on any specific aspect, feel free to ask!

Exaplin the duty of an advocate towards the court with the help of
recent judgements.

The duty of an advocate towards the court is a fundamental aspect of legal practice that upholds the
integrity of the judicial system. Advocates play a crucial role in ensuring that justice is served fairly
and efficiently. Their responsibilities encompass honesty, respect, and professionalism. Here are the
key duties of an advocate towards the court, supported by recent judgments:

1. Duty to Uphold the Integrity of the Court

Advocates must act in a manner that preserves the dignity and integrity of the court. This includes
refraining from any conduct that may undermine public confidence in the judicial system.

Recent Judgment: In Satyajit Bhowmik v. State of Tripura (2021), the Supreme Court emphasized
the need for advocates to uphold the integrity of the judicial system. The court held that
advocates must avoid any actions that could bring disrepute to the court, reinforcing the notion
that the legal profession is integral to maintaining the rule of law.

2. Duty to Present Truthfully

Advocates are required to present accurate and truthful facts before the court, including all relevant
evidence and legal arguments.

Recent Judgment: In In Re: Shreya Singhal (2020), the Supreme Court reiterated that advocates
must present truthful and complete information to the court. The court stressed that misleading
 the court undermines the administration of justice, and advocates must ensure that they do not
make false statements or present fabricated evidence.

3. Duty to Maintain Respect for the Court

Respect for the court, its judges, and its procedures is paramount. Advocates must conduct
themselves professionally and avoid any behavior that disrespects the court.

Recent Judgment: In Niranjan Kumar v. State of Uttar Pradesh (2020), the Supreme Court
underscored that advocates must maintain decorum in court. The court reprimanded advocates
for using derogatory language or displaying disrespect towards judges, highlighting that such
behavior is unacceptable and detrimental to the judicial process.

4. Duty to Disclose Conflicts of Interest

Advocates must disclose any personal or financial interests that could conflict with their duty to the
court or their client.

Recent Judgment: In Indira Jaising v. Supreme Court of India (2018), the Supreme Court
discussed the importance of transparency and ethical conduct. The court stated that advocates
must disclose any potential conflicts of interest, emphasizing that failure to do so could
compromise the integrity of the proceedings.

5. Duty to Comply with Court Orders

Advocates are obliged to comply with the orders and directions of the court, demonstrating respect
for the court's authority.

Recent Judgment: In Rakesh Kumar v. State of Haryana (2021), the Supreme Court held that
non-compliance with court orders by advocates could lead to disciplinary action. The court
emphasized that advocates must adhere to all directives issued by the court, reinforcing the
importance of obedience to the judicial process.

6. Duty to Assist the Court in Justice Delivery

Advocates should assist the court in arriving at the truth and achieving justice. This includes
providing necessary information and avoiding any actions that may obstruct the court’s functioning.

Recent Judgment: In K.P. Tiwari v. State of Madhya Pradesh (2021), the Supreme Court
highlighted that advocates must play a constructive role in the administration of justice. The
court observed that advocates should assist the court by providing accurate legal arguments
and relevant case law to facilitate a just outcome.

Conclusion
The duties of an advocate towards the court are essential for the proper functioning of the judicial
system. Advocates must uphold the integrity of the court, present truthful information, maintain
respect, disclose conflicts of interest, comply with court orders, and assist in the delivery of justice.
Recent judgments have reinforced these duties, emphasizing the critical role advocates play in
ensuring that the legal system operates fairly and effectively. If you need more specific examples or
details, feel free to ask!

Write a note on: (i) Common Roll of Advocates (ii) Bar

Council of India (iii) Legal Aid Committee.

(i) Common Roll of Advocates

The Common Roll of Advocates refers to a unified register maintained under the Advocates Act,
1961, listing all individuals qualified to practice law in India. Key points include:

1. Purpose: It facilitates the regulation of advocates across the country and ensures a standardized
record of legal practitioners.

2. Enrollment: Advocates are enrolled by the State Bar Councils, which then forward the names to
the Bar Council of India (BCI) for inclusion in the Common Roll.

3. Eligibility: To be listed, individuals must fulfill the requirements under the Advocates Act, such as
holding a law degree recognized by the BCI and passing the All India Bar Examination (AIBE).
 4. Scope: Once included, an advocate is entitled to practice in all courts across India, subject to the
rules and procedures of specific courts.

(ii) Bar Council of India (BCI)

The Bar Council of India (BCI) is the apex statutory body governing the legal profession and legal
education in India. It was established under the Advocates Act, 1961. Key functions and roles include:

1. Regulation of the Legal Profession: BCI sets standards for professional conduct and enforces
discipline among advocates.

2. Legal Education: It prescribes the curriculum for legal education, inspects law colleges, and
grants recognition to institutions.

3. Disciplinary Authority: The BCI has the authority to take action against advocates for
professional misconduct under Section 35 of the Advocates Act.

4. Advocates Welfare: It oversees welfare schemes for advocates, such as insurance and financial
aid programs.

5. Election of Members: Members are elected by advocates enrolled with the State Bar Councils.

Notable Case: In Ex-Captain Harish Uppal v. Union of India (2003), the Supreme Court clarified the
BCI's role in regulating strikes and boycotts by advocates, emphasizing its responsibility to ensure
the smooth functioning of the judicial system.

(iii) Legal Aid Committee

Legal Aid Committees are bodies established to provide free or subsidized legal assistance to
underprivileged and marginalized sections of society, as mandated under Article 39A of the
Constitution and the Legal Services Authorities Act, 1987.

1. Composition: These committees function at various levels—national, state, district, and taluk—
under the supervision of respective Legal Services Authorities.

2. Functions:

Provide free legal representation to eligible individuals.

Conduct legal awareness programs and Lok Adalats for dispute resolution.

Ensure access to justice for weaker sections, including women, children, and persons with
disabilities.

3. Eligibility: Beneficiaries include individuals with an annual income below the prescribed limit,
SC/ST individuals, victims of trafficking, and persons with disabilities.

4. Impact: These committees play a vital role in reducing case backlogs through mechanisms like
Lok Adalats, ensuring quicker and amicable resolution of disputes.

Conclusion
The Common Roll of Advocates ensures a unified registry of qualified legal professionals.

The Bar Council of India plays a pivotal role in regulating the profession and education of
advocates.

The Legal Aid Committee ensures access to justice for the disadvantaged, embodying the
constitutional vision of equality before the law.

These institutions collectively strengthen the legal framework in India and uphold the principles of
justice, equity, and fairness.

Discuss the composition, powers and functions and the disciplinary

powers of the BCI.

Bar Council of India (BCI): Composition, Powers, and Functions

The Bar Council of India (BCI) is the apex statutory body that regulates the legal profession and
legal education in India. It was established under the Advocates Act, 1961, and serves as a critical
institution for ensuring the integrity and development of the legal profession.
1. Composition of the BCI
The BCI is composed of the following members, as provided under Section 4 of the Advocates Act,
1961:

1. Ex-Officio Members:

The Attorney General of India.

The Solicitor General of India.

2. Elected Members:

One member elected from each State Bar Council.

The elected members choose a Chairperson and a Vice-Chairperson from among themselves.

The members hold office for a term of five years, unless otherwise specified.

2. Powers and Functions of the BCI

The functions and powers of the BCI are detailed under Section 7 of the Advocates Act, 1961, and
can be classified as follows:

(a) Regulatory Powers

Professional Conduct: The BCI prescribes standards of professional conduct and etiquette for
advocates.

Disciplinary Control: It takes disciplinary action against advocates for misconduct.

(b) Administrative Functions

Enrollment of Advocates: Oversees the enrollment of advocates in collaboration with State Bar
Councils.

Common Roll of Advocates: Maintains a unified register of advocates eligible to practice across
India.

(c) Legal Education

Curriculum Design: Frames rules regarding legal education, including the curriculum for law
courses.

Inspection of Law Colleges: Approves and inspects institutions imparting legal education.

(d) Welfare of Advocates

Welfare Schemes: Develops schemes for the welfare of advocates, such as insurance and
financial aid.

Advocate Welfare Fund: Monitors and disburses benefits under the welfare fund.

(e) Policy and Representation

Representation in Judicial Appointments: Recommends members for judicial appointments and

policy discussions.

Legislative Consultation: Advises the government on legislative matters concerning the legal
profession.

(f) Promotion of Legal Awareness

Legal Aid: Promotes legal aid and access to justice for marginalized groups.

Legal Awareness Programs: Conducts seminars, workshops, and campaigns on legal rights and
duties.

3. Disciplinary Powers of the BCI

The disciplinary powers of the BCI are primarily exercised under Sections 35 to 42 of the Advocates
Act, 1961, which outline the mechanisms for handling professional misconduct:

(a) Professional Misconduct

The BCI is empowered to investigate and take action against advocates for misconduct, including:

Misrepresentation of facts.

Fraud or dishonesty.

Violation of the rules of professional conduct and etiquette.

(b) Disciplinary Committees

The BCI has a Disciplinary Committee to handle cases referred by State Bar Councils or appeals filed
against their decisions.

(c) Procedure for Disciplinary Action

Complaints against advocates are first examined by the State Bar Councils.

If dissatisfied with the decision, the complainant or the advocate can appeal to the BCI.

The BCI can reprimand, suspend, or remove an advocate from the roll based on the findings.

(d) Landmark Judgment on Disciplinary Powers

In O.P. Sharma v. High Court of Punjab & Haryana (2011), the Supreme Court emphasized the
importance of BCI’s disciplinary role in maintaining ethical standards.

The court held that the BCI must ensure strict adherence to professional ethics and take action
against advocates who fail to meet the required standards.

Conclusion
The BCI plays a pivotal role in the Indian legal system by regulating the legal profession, ensuring the
quality of legal education, and maintaining ethical standards. Its disciplinary powers are crucial for
upholding the integrity and credibility of the legal profession. By combining regulatory,
administrative, and welfare responsibilities, the BCI ensures that advocates adhere to their
professional duties while contributing to the justice delivery system in India.

Summarise the provisions relating to Admission and enrollment of

Advocates.

Admission and Enrollment of Advocates under the Advocates Act, 1961

The admission and enrollment of advocates in India are governed by Chapter III of the Advocates
Act, 1961. The provisions ensure uniformity and standardization in the legal profession.

1. Authority for Admission

The State Bar Councils are authorized to admit and enroll advocates on their rolls under Section
17.

Upon enrollment with a State Bar Council, the advocate's name is included in the Common Roll
of Advocates, maintained by the Bar Council of India (BCI).

2. Eligibility Criteria for Enrollment

Under Section 24, a person is eligible for admission as an advocate if:

1. Citizenship: The applicant is a citizen of India.

 A foreign national may be admitted if their country allows Indian citizens to practice law
(reciprocity).

2. Educational Qualifications:

The applicant holds a law degree recognized by the BCI.

The law course must have been completed in a recognized institution meeting BCI
standards.

3. Age: There is no upper age limit for enrollment, as clarified by judicial pronouncements.

4. Additional Conditions: The applicant must:

Not have been convicted of an offense involving moral turpitude.

Not be declared insolvent.

Satisfy other conditions as prescribed by the State Bar Council or BCI.

3. Enrollment Procedure
Application to State Bar Council: An individual applies to the State Bar Council of the
jurisdiction where they wish to practice.

Verification: The Bar Council verifies the applicant's qualifications, conduct, and character.

Issuance of Certificate: Once admitted, the advocate receives a Certificate of Enrollment,

enabling them to practice law across all courts in India, including the Supreme Court.

4. Rights of Enrolled Advocates

Under Section 30, an enrolled advocate has the right to:

1. Practice in any court, including the Supreme Court, High Courts, and subordinate courts.

2. Appear before tribunals or any other legal authority.

3. Engage in legal consultancy and advice.

5. Disqualification for Enrollment

Under Section 24A, a person is disqualified from enrollment if:

1. Conviction: Convicted of an offense involving moral turpitude.

2. Undischarged Insolvency: Declared insolvent and remains undischarged.

3. Mental Incapacity: Declared by a competent court to be of unsound mind.

6. Bar Council of India Rules

The BCI has framed additional rules to govern enrollment, which include:

1. Bar Examination: Candidates must pass the All India Bar Examination (AIBE) to practice in
courts.

2. Code of Conduct: Enrolled advocates must adhere to the BCI's rules of professional conduct and
ethics.

Key Judicial Interpretation

 In V. Sudeer v. Bar Council of India (1999), the Supreme Court clarified that the BCI has the
authority to prescribe conditions for enrollment but cannot arbitrarily disqualify eligible
candidates.

Conclusion
The provisions for admission and enrollment of advocates aim to maintain the integrity of the legal
profession. By setting eligibility criteria, ensuring proper qualifications, and mandating adherence to
ethical standards, the Advocates Act ensures that only qualified and deserving candidates are
admitted to the profession.

What is Professional Ethics? An Advocate should act as an officer of

the court, a privileged member of the community and a gentleman.
Discuss.

What is Professional Ethics?

Professional ethics refers to the set of moral principles, standards, and rules that govern the conduct
of individuals within a particular profession. In the context of the legal profession, professional ethics
ensures that advocates adhere to principles of fairness, honesty, integrity, and respect for the rule of
law, as well as maintaining the dignity of the profession. Legal ethics includes the obligations of
advocates towards the court, clients, colleagues, and society at large. These ethical standards are set
by the Bar Council of India (BCI) and are enforced through various rules of conduct, codes of ethics,
and professional guidelines.

Role of an Advocate: Officer of the Court, Privileged Member of the

Community, and a Gentleman
An advocate's role is multifaceted, and the concept that an advocate should act as an officer of the
court, a privileged member of the community, and a gentleman reflects the high moral and ethical
standards expected of legal professionals. Here's a detailed discussion of these roles:

1. Officer of the Court

An advocate’s first duty is to the court. As an officer of the court, an advocate must act in a manner
that upholds the integrity and functioning of the judicial system. This involves:

Duties towards the Court:

Honesty and Integrity: An advocate must be honest with the court, providing true and accurate
information, even if it goes against the client’s interests. Misleading the court or presenting false
evidence is unethical and a violation of professional conduct.

Respect for the Court: An advocate must show proper respect towards judges, court
procedures, and the legal system as a whole. The duty to the court transcends the interest of
any individual client and ensures the administration of justice is fair and impartial.

Promoting Justice: An advocate must assist in the proper administration of justice and not
indulge in obstructing or delaying legal proceedings through frivolous actions or petitions.

Case Reference:

In Ex-Captain Harish Uppal v. Union of India (2003), the Supreme Court emphasized that
advocates should not resort to strikes or boycotts that disrupt the judicial process, as such
actions hinder the proper functioning of the courts. This reflects the advocate's duty as an
officer of the court.
2. A Privileged Member of the Community
An advocate holds a special place in society due to the responsibility of upholding justice, fairness,
and the rule of law. Advocates are not just legal professionals; they are entrusted with safeguarding
the rights and interests of the public.

Duties towards Society:

Upholding Rule of Law: An advocate should respect the rule of law and contribute to its
application by ensuring that all individuals have equal access to justice.

Protecting the Public Interest: They should work towards promoting public welfare and
protecting individual rights, even when representing unpopular causes.

Legal Awareness: Advocates play a significant role in educating society about legal rights and
obligations. They should be involved in legal aid and awareness programs to empower
marginalized groups.

Case Reference:

In Vishaka v. State of Rajasthan (1997), the Supreme Court underlined the role of advocates in
ensuring the enforcement of human rights and public welfare, highlighting that advocates, as
members of the legal community, must act in a way that promotes equality, justice, and fairness.

3. A Gentleman
An advocate is expected to conduct themselves with the utmost decorum and integrity. As
a gentleman, an advocate must possess qualities such as politeness, fairness, and consideration for
others.

Professional Conduct:

Courtesy and Civility: Advocates should treat their clients, colleagues, and opposing counsel
with respect, courtesy, and professionalism. Rudeness, personal attacks, or unprofessional
conduct are unacceptable.

Integrity and Ethics: An advocate should be truthful, and their professional life should be a
reflection of their personal character. They should avoid any conduct that would bring the
profession into disrepute.

Confidentiality: An advocate must maintain strict confidentiality regarding the matters

entrusted to them by clients, as this is a cornerstone of trust in the professional relationship.

Case Reference:

In T. C. Mathai v. District and Sessions Judge (1992), the Supreme Court discussed the importance
of an advocate’s dignity and professionalism. It emphasized that an advocate’s conduct must
reflect high ethical standards both in and out of the courtroom, maintaining the integrity of the
legal profession.

Conclusion
The concept of an advocate acting as an officer of the court, a privileged member of the
community, and a gentleman embodies the core of legal professional ethics. It underlines the
advocate’s duty to uphold justice and the rule of law, while maintaining fairness, integrity, and
respect in their interactions with clients, colleagues, and society. By adhering to these ethical
standards, advocates contribute to the proper functioning of the judicial system, ensure the fair
representation of their clients, and maintain the trust and respect of the community they serve.

What are the rights and privileges of Advocates?

Rights and Privileges of Advocates in India

Advocates in India enjoy a range of rights and privileges that enable them to perform their duties
effectively and uphold the rule of law. These rights and privileges are enshrined in the Advocates
Act, 1961 and various judicial pronouncements. They are essential for ensuring that advocates can
carry out their responsibilities in a fair, independent, and unbiased manner.

1. Right to Practice
Section 30 of the Advocates Act, 1961 gives advocates the right to practice in any court,
tribunal, or other authority in India. This includes:

Supreme Court

High Courts

Subordinate Courts

Tribunals and Authorities (such as the National Consumer Disputes Redressal Commission,
etc.)
Advocates have the right to represent clients before any judicial body in the country,
provided they are duly enrolled with the State Bar Council and have not been disqualified.

2. Right to Appear and Plead

Advocates have the right to appear and plead before any court of law or tribunal. This right
extends to representing clients in civil, criminal, family, or corporate matters. The right ensures
that an advocate can appear on behalf of their client, make arguments, and submit legal
documents or evidence on their behalf.

3. Right to Access to the Courts

Advocates have the right of access to courts and tribunals. This is a fundamental privilege as it
allows them to assist in the administration of justice. Courts and tribunals are required to
facilitate advocates in their duties by providing them the necessary space, facilities, and access
to records and proceedings.

4. Right to Practice in Different Legal Fields

Advocates in India have the right to practice in any legal field, including:

Civil law

Criminal law

Corporate law

Family law

Taxation law

Intellectual Property law This allows them to represent clients in a wide variety of legal
matters, provided they have the requisite knowledge or experience in the specific area of
law.

5. Right to be Represented Before the Bar Council

Section 16 of the Advocates Act, 1961 provides that an advocate has the right to represent
themselves before the Bar Council in case of any disciplinary action or inquiry. They are allowed
 to present their case, argue, and defend themselves, ensuring fair representation in disciplinary
matters.

6. Right to Legal Privilege

Legal Privilege: Advocates have the privilege of confidentiality in their communications with
clients. This means that any communication made by a client to an advocate in the course of
seeking legal advice is protected by legal professional privilege and cannot be disclosed in
court without the client's consent.

Section 126 of the Indian Evidence Act, 1872 outlines the confidentiality between an
advocate and their client, safeguarding the legal counsel's role.

7. Right to Equal Treatment in Court

Advocates have the right to equal treatment in the courts and are not subject to discrimination
based on their gender, ethnicity, religion, or personal beliefs. They are entitled to the same
rights and privileges as any other advocate, irrespective of their seniority or status.

8. Right to Advocate for Public Interest

Advocates are allowed to represent causes that serve the public interest even if they do not
have a direct client. This includes:

Pro bono work: Representing clients who cannot afford to pay legal fees.

Public Interest Litigation (PIL): Advocates have the right to file PILs to address matters of
public interest, such as environmental issues, human rights violations, and social justice
concerns.

9. Right to the Protection of their Professional Rights

Advocates are protected by law from arbitrary action against them in the exercise of their
professional duties. Any obstruction, threat, or interference with an advocate's duties can be
challenged and rectified through legal means.

Section 35 of the Advocates Act, 1961 protects the rights of advocates against unlawful
practices or unlawful restrictions imposed on their right to practice law.

10. Privilege of Practice as Senior Advocates

Senior Advocates enjoy additional privileges in the legal profession. They have the exclusive
right to be designated as Senior Advocates by the Supreme Court or High Court.

Senior advocates can argue cases in the higher courts, often without a junior counsel, and
they enjoy the privilege of addressing the court first.

Senior advocates are expected to have a deeper knowledge of law and contribute to
shaping the legal landscape.

11. Right to Access Legal Education and Training

 Advocates have the right to continuously improve their skills and knowledge through legal
education, training, and specialized courses.

The Bar Council of India and various State Bar Councils encourage advocates to attend
continuing legal education (CLE) programs to ensure their knowledge is up-to-date.

12. Right to Form Professional Associations

Advocates have the right to form and join professional bodies or bar associations to represent
their collective interests and to discuss legal matters affecting the profession.

These associations provide a platform for mutual support, development, and advocacy of
issues pertaining to the legal profession.

Conclusion
The rights and privileges of advocates ensure that they are able to carry out their professional
responsibilities with independence, dignity, and efficiency. These rights protect not only the interests
of the advocates themselves but also the interests of their clients and the justice system as a whole.
By safeguarding these rights and privileges, the law ensures that advocates can contribute effectively
to the administration of justice in India.

An Advocate has duty to the court, duty to client, duty to the

profession and duty to the opponent and duty to himself . 'Elucidate'.

Duties of an Advocate: A Comprehensive Elucidation

An advocate, as a professional in the legal system, is entrusted with a variety of responsibilities that
ensure the smooth functioning of justice and maintain the integrity of the legal profession. These
duties can be broadly categorized as duty to the court, duty to the client, duty to the
profession, duty to the opponent, and duty to oneself. Let’s elucidate these duties:

1. Duty to the Court

The advocate’s primary duty is towards the court. An advocate is an officer of the court, and their
role is crucial in ensuring the fair administration of justice.

Key Aspects of Duty to the Court:

Honesty and Integrity: An advocate must act with utmost honesty before the court, presenting
facts truthfully and refraining from misleading the court. They should never suppress or
misrepresent evidence.

Respect for Court’s Dignity: Advocates must respect the court's authority and dignity. They
should follow court rules and decorum, act professionally, and show respect for the presiding
judges, court staff, and the legal process.

Assisting in the Administration of Justice: The advocate’s duty is to assist the court in delivering
justice, not merely to serve the interests of their client. They must uphold the rule of law and
contribute to a fair trial.

Case Reference:

In Ex-Captain Harish Uppal v. Union of India (2003), the Supreme Court emphasized that
advocates must refrain from actions that disrupt the judicial process, such as going on strike or
boycotting courts, as such actions hinder the administration of justice.
2. Duty to the Client
While advocates must respect the court, their duty to their clients is equally important. Advocates
owe their clients a duty of confidentiality, loyalty, and competence.

Key Aspects of Duty to the Client:

Confidentiality: Advocates must keep all communications with their clients confidential, even
after the professional relationship ends. This is essential for ensuring trust in the legal
profession.

Competence and Diligence: Advocates must provide competent legal advice and
representation. They should dedicate sufficient time and effort to their clients' cases, ensuring
that their clients' legal rights are protected.

Loyalty: An advocate must remain loyal to their client’s interests, advocating for them within the
bounds of the law. However, they should not assist in any illegal activity or unethical conduct,
even if it is in the client's interest.

Avoiding Conflicts of Interest: An advocate must avoid situations where their interests or duties
conflict with those of the client.

Case Reference:

In Bharat Petroleum Corporation Ltd. v. N. R. Vairamani (2004), the Supreme Court stated that an
advocate must act with utmost loyalty to their client, ensuring that the client’s interests are
properly represented in all proceedings.

3. Duty to the Profession

Advocates owe duties to their profession, which help maintain the integrity, honor, and high
standards of the legal community.

Key Aspects of Duty to the Profession:

Upholding Professional Integrity: Advocates must maintain the dignity of the profession by
avoiding misconduct and unethical behavior, such as misleading the court or engaging in
bribery.

Avoiding Undue Influence: Advocates must not exert pressure on judges, court staff, or other
members of the legal community. They should ensure that the legal system operates without
any undue interference.

Maintaining High Standards of Legal Practice: Advocates should strive to improve their legal
skills and knowledge to provide competent legal services. They should adhere to the ethical
codes prescribed by the Bar Council of India and uphold the professionalism expected of them.

Case Reference:

In In Re: V. S. Jain (2004), the Supreme Court held that the legal profession must be practiced
with high ethical standards, and advocates who engage in unprofessional conduct can face
disciplinary action.

4. Duty to the Opponent

An advocate also has a duty to their opponent in the course of litigation. This duty ensures fairness
and prevents the misuse of legal procedures.

Key Aspects of Duty to the Opponent:

Fairness and Respect: Advocates should treat the opposing counsel with respect and fairness.
This includes avoiding personal attacks, maintaining decorum, and not misleading the court to
gain an unfair advantage.

Professional Conduct: Advocates should not indulge in tactics that unnecessarily delay
proceedings or harass the opposing party. They must always ensure that their behavior reflects
the highest standards of professional ethics.
 Courtesy and Consideration: Advocates must be courteous and respectful in their dealings with
opposing counsel, ensuring that legal proceedings remain focused on the merits of the case, not
personal conflicts.

Case Reference:

In Union of India v. W. N. Chadha (1993), the Supreme Court ruled that advocates should not
indulge in personal attacks or offensive conduct during legal proceedings. This ensures the
proper conduct of litigation and upholds the integrity of the legal profession.

5. Duty to Oneself
Advocates must also have a duty to themselves in order to maintain their professional conduct,
mental well-being, and personal integrity.

Key Aspects of Duty to Oneself:

Self-Respect and Integrity: An advocate should always act in a way that reflects self-respect,
personal integrity, and dignity. They should not engage in unethical practices or compromise
their principles for personal gain.

Maintaining Mental Health and Professional Balance: Advocacy can be a demanding

profession. Advocates must take care of their mental and physical health to ensure they can
perform their duties effectively. Overworking or stress can lead to compromised decision-
making and professional conduct.

Continuous Learning: Advocates should continually update their knowledge and skills, ensuring
that they are capable of providing the best possible service to their clients and society. This
involves pursuing legal education and training throughout their career.

Conclusion
The duties of an advocate are multifaceted and must be balanced to maintain the integrity of the
legal profession and the judicial system. Advocates must act in a manner that upholds justice,
fairness, and ethical conduct in all aspects of their professional life. By fulfilling their duties towards
the court, the client, the profession, the opponent, and themselves, advocates contribute to the
proper administration of justice and the betterment of society as a whole.

Write a short note on:

a. Section 27 of the Limitation Act
b. Time and Place of Registration under the Registration Act
c. Optional Registration
d. Registration of a Will
e. Professional Ethics in the Present Era

a. Section 27 of the Limitation Act, 1963

Section 27 deals with extinguishment of rights to property. It states that if the prescribed period for
filing a suit for possession of immovable property expires, the right of the person to recover that
property is extinguished. This provision complements the doctrine of adverse possession, where
possession beyond the limitation period grants ownership to the possessor.

b. Time and Place of Registration under the Registration Act, 1908

Sections 23 to 31 of the Registration Act govern the time and place for registration of documents:

Time:
 A document must be presented for registration within four months from the date of its
execution (Section 23).

In cases of unavoidable delays, an additional four months may be granted with penalty
(Section 25).

Place:

Documents must be registered at the office of the Sub-Registrar within whose jurisdiction
the property is situated (Sections 28 and 29).

c. Optional Registration
Section 18 of the Registration Act lists documents that are optional for registration. Examples
include:

Documents acknowledging receipt of payment of consideration.

Leases of immovable property for a term not exceeding one year.

Wills (though registration is advisable for evidentiary purposes).

Optional registration provides flexibility while retaining evidentiary value if registered.

d. Registration of a Will
Under the Registration Act, registration of a will is not mandatory. However, a registered will offers
greater authenticity and safeguards against challenges of forgery. A will can be registered at any
time, even after the testator's death, as there is no limitation period for its registration. It can also be
deposited in a sealed cover with the Sub-Registrar under Section 42 of the Act.

e. Professional Ethics in the Present Era

Professional ethics for advocates in the present era encompass adherence to integrity,
confidentiality, and fairness in dealings with clients, courts, and society. Modern challenges, such as
digital practice, cyberlaw issues, and globalization, demand updated ethical standards. Advocates
must balance their duty to the court, clients, and opponents with transparency, diligence, and
respect for human rights. Recent judicial pronouncements emphasize accountability and ethical
conduct to sustain public trust in the legal profession.

Write short notes on:

a. Difference between limitation and prescription
b. Grounds for disqualification of advocates
c. Moral Turpitude
d. Division Bench under SC Rules, 2013
e. Disposal of matters by judges in chamber under Delhi High Court
Rules, 1967

a. Difference Between Limitation and Prescription

Limitation: Refers to the period within which a legal action must be initiated. If this period
expires, the remedy (e.g., filing a suit) is barred but the substantive right may remain intact (e.g.,
right to recover a debt).

Prescription: Refers to acquiring or losing a right due to the passage of time. For example,
under adverse possession, the ownership of property shifts after a certain period of possession.

Key Distinction: Limitation affects the remedy, while prescription can extinguish or create
substantive rights.
b. Grounds for Disqualification of Advocates
An advocate can be disqualified under the Advocates Act, 1961 for reasons such as:

1. Professional Misconduct: Misrepresentation, misuse of client funds, or dishonesty.

2. Conviction of an Offense Involving Moral Turpitude: Offenses like fraud or forgery.

3. Violation of Bar Council Rules: Breach of duties to the court, client, or profession.

4. Insolvency: If declared insolvent by a competent court.

5. Unsoundness of Mind: If found incapable of practicing law due to mental illness.

c. Moral Turpitude
Moral turpitude refers to acts that violate accepted moral standards and are considered inherently
unethical, dishonest, or depraved. Examples include crimes such as bribery, fraud, or embezzlement.

Relevance for Advocates: Conviction for an offense involving moral turpitude can lead to
disqualification or suspension of an advocate under Section 24A of the Advocates Act, 1961.

Judicial Observation: In Pravin C. Shah v. K.A. Mohd. Ali (2001), the Supreme Court emphasized
the importance of moral conduct for advocates in maintaining public trust.

d. Division Bench under Supreme Court Rules, 2013

A Division Bench in the Supreme Court consists of two or more judges, typically for hearing
appeals or writ petitions of significant legal importance.

Functions:

1. Hearing appeals under Article 136 (Special Leave Petitions).

2. Interpreting substantial questions of constitutional law.

3. Deciding cases that are referred to a larger bench for clarification or precedent.

Role in Ensuring Uniformity: The Division Bench plays a key role in resolving conflicting
judgments by smaller benches.

e. Disposal of Matters by Judges in Chamber under Delhi High Court Rules,

1967
Scope: Judges of the Delhi High Court, in chambers, handle non-contentious matters or those
requiring limited judicial intervention.

Examples:

1. Applications for interim relief.

2. Matters related to procedural compliance, such as condonation of delay.

3. Review or dismissal of cases on technical grounds.

Purpose: Streamlining the judicial process by resolving simpler issues in chambers allows the
court to focus on substantive matters in open court.
 Write short notes on:
a. Condonation of Delhi
b. Effect of non-registration of a compulsorily registrable document
c. Powers of the Disciplinary Committee of the Bar Council of India
d. Appointment of advocates on record under Supreme Court Rules,
2013

a. Condonation of Delay
Under Section 5 of the Limitation Act, 1963, the court has the discretion to condone delays in filing
an appeal or application if the party demonstrates sufficient cause for the delay.

Key Points:

Applies to cases where no specific limitation period is provided.

Common causes include illness, accidents, or administrative delays.

The court considers whether the delay is genuine and unintentional.

Judicial Observation: In Collector, Land Acquisition v. Katiji (1987), the Supreme Court
emphasized a liberal approach towards condonation, prioritizing substantial justice over
procedural technicalities.

b. Effect of Non-Registration of a Compulsorily Registrable Document

Under Section 17 of the Registration Act, 1908, certain documents, such as sale deeds for immovable
property, must be registered. Failure to register such documents has the following consequences:

The document becomes inadmissible in evidence in any legal proceeding.

It does not convey any title or interest in immovable property.

Exceptions: An unregistered document can be used to establish collateral transactions under

Section 49, such as proving possession.

Judicial Observation: In Avinash Kumar Chauhan v. Vijay Krishna Mishra (2009), the Supreme
Court held that non-registration renders the document legally ineffective for transferring rights.

c. Powers of the Disciplinary Committee of the Bar Council of India (BCI)

Under Sections 36-42 of the Advocates Act, 1961, the BCI Disciplinary Committee has the following
powers:

1. Inquiry and Adjudication: Handles complaints of professional misconduct against advocates

referred by State Bar Councils.

2. Imposing Punishments:

Reprimanding the advocate.

Suspension from practice for a specified period.

Removal of the advocate's name from the roll.

3. Review and Appeal: Can review its own orders or hear appeals against State Bar Council
decisions.

4. Summoning Witnesses and Evidence: Functions like a civil court, summoning documents,
witnesses, and administering oaths.

Judicial Observation: In N. D. Pancholi v. Bar Council of India (1984), the Supreme Court upheld
the BCI's disciplinary authority as essential for maintaining professional ethics.
d. Appointment of Advocates on Record under Supreme Court Rules, 2013
An Advocate-on-Record (AoR) is a legal practitioner authorized to represent clients and file cases in
the Supreme Court of India. The procedure for appointment includes:

1. Eligibility:

Must be enrolled with a State Bar Council.

Should have completed four years of practice as an advocate.

2. Training:

Must undergo one year of training under an AoR of at least ten years' standing.

3. Examination:

Must pass the AoR Examination conducted by the Supreme Court, which tests knowledge
of Supreme Court Rules, advocacy skills, and court procedures.

4. Registration: After clearing the exam, the advocate is registered as an AoR and becomes eligible
to file vakalatnamas and plead in the Supreme Court.

Role and Responsibility: AoRs act as a bridge between the court and litigants, ensuring
adherence to procedural requirements.

Discuss the effects of registration and non-registration of a document

required to be registered.

Effects of Registration and Non-Registration of a Document Required to be

Registered
Under the Registration Act, 1908, certain documents related to immovable property are required to
be registered. The primary objective of registration is to provide notice of the transaction and to
ensure transparency in property dealings. Below are the effects of registration and non-registration
of such documents:

1. Effect of Registration
Admissibility in Evidence: A document that is duly registered under the Registration Act is
admissible as evidence in legal proceedings. It serves as proof of the transaction and the title
conveyed through the document.

Section 17 of the Registration Act specifies the documents that must be registered, such as
sale deeds, leases, and mortgages relating to immovable property.

Transfer of Title: In the case of sale deeds, gift deeds, and other documents of transfer,
registration is essential for transferring the legal title of property. Without registration, the
transaction may not be considered valid in the eyes of the law, and the title is not officially
transferred to the grantee or transferee.

Public Notice: Registration serves as public notice to all persons regarding the existence of the
document. Once registered, the document is deemed to be known to the public, making it
impossible for the parties to later deny the existence of the transaction.

Priority of Rights: Registration ensures that the rights in the property are prioritized. If there are
multiple claims over a piece of property, the one with the earlier registration date will typically
take precedence over subsequent claims.

2. Effect of Non-Registration of a Document

Inadmissibility in Evidence: Section 49 of the Registration Act stipulates that a document which
is required to be registered but is not registered is inadmissible in evidence in a court of law,
 except in cases where the document is a collateral matter (i.e., used to establish an ancillary
issue like possession or intent).

In cases like R.K. Verma v. Union of India (1984), the Supreme Court held that non-
registration of a document that requires registration does not affect the transaction itself
but renders the document inadmissible in evidence in legal proceedings.

No Transfer of Title: For documents like sale deeds and mortgages, if the document is not
registered, the title to the immovable property is not legally transferred. The buyer or transferee
does not acquire ownership until the document is properly registered.

Case Law: In S. Raghunath v. Mohan Kumar (1993), the Supreme Court held that an
unregistered sale deed does not transfer ownership of property, even if possession is
transferred, unless registered.

No Public Notice: Since the document is not registered, it does not serve as public notice, and
third parties may not be aware of the transaction. This can lead to complications if another party
claims the same property or enters into a conflicting transaction without knowledge of the
earlier one.

Risk of Future Disputes: Non-registration increases the chances of disputes, especially where
the document deals with a transfer of ownership. The non-registered party may be unable to
prove their claim if contested by another party with registered documents.

3. Exceptions and Collateral Use

While non-registration renders a document inadmissible in certain cases, Section 49 of the
Registration Act allows it to be used for collateral purposes. For example:

Proof of Possession: A document that is not registered can still be used to prove possession of
the property.

Oral Agreements: If a person has possession based on an unregistered agreement, they can still
claim ownership through adverse possession or other related legal concepts, even if the
document itself is not registered.

Conclusion
Registration of documents provides legal certainty, public notice, and the transfer of title.

Non-registration of documents required to be registered renders them legally ineffective for

the purpose of transferring title, and they are typically inadmissible in evidence unless they are
used for collateral purposes like possession.

Explain the guiding principles for condonation of delay under section

5 of the Limitation Act, 1963 with the help of decided cases.

Guiding Principles for Condonation of Delay Under Section 5 of the

Limitation Act, 1963
Section 5 of the Limitation Act, 1963 empowers a court to condone delay in filing an appeal or
application if the party can demonstrate a sufficient cause for the delay. The purpose of this
provision is to prevent the technical bar of limitation from defeating the substantive rights of the
parties. The principles governing condonation of delay under Section 5 are:

1. Liberal Interpretation of "Sufficient Cause"

 Liberal Approach: Courts generally adopt a liberal approach when interpreting the phrase
"sufficient cause" because the object of the Limitation Act is to promote substantial justice. The
key is to assess whether the delay was due to genuine and unavoidable circumstances.

Case Law:

In Collector, Land Acquisition v. Katiji (1987), the Supreme Court held that sufficient
cause should be interpreted liberally, emphasizing that the courts should favor hearing
matters on their merits rather than on procedural technicalities. The court stressed that the
expression "sufficient cause" must receive a broad and liberal interpretation.

The Court stated that "the word 'sufficient' must receive a liberal interpretation so as to
advance the cause of justice." The delay is condoned if the reason is substantial, even if
there was some negligence.

2. No Fixed Formula for Sufficient Cause

Each Case is Unique: There is no fixed formula or exhaustive list of reasons that qualify as
"sufficient cause". The facts and circumstances of each case must be assessed individually.
Whether the delay is condonable depends on the nature of the case and the explanation for the
delay.

Case Law:

In Balwant Singh v. Jagdish Singh (2010), the Supreme Court emphasized that the delay
should be condoned if the reason for delay was not willful or intentional but arose due to
circumstances beyond the control of the party. A mere technical ground such as the failure
of the party’s counsel to file the appeal within time does not constitute sufficient cause.

3. Length of Delay
The Length of Delay is a Factor: While a short delay may be condoned more readily, long
delays require a stronger justification. The court will look at the overall length of the delay and
the reasons given for it, though it is not an automatic bar to condonation.

Case Law:

In N. Balakrishnan v. M. Krishnamurthy (1998), the Supreme Court explained that the length
of the delay itself does not automatically disqualify the condonation request, but the party
seeking condonation must show sufficient cause for each day of the delay. In this case, the
Court condoned a delay of over 1000 days, highlighting that justice should prevail over
procedural lapses.

Inordinate delay: However, in some instances, a delay of several years without a satisfactory
explanation may lead to the refusal of condonation.

4. The Onus of Proof

Duty of the Applicant: The party seeking condonation of delay carries the onus of proving that
there was a sufficient cause for the delay. It is not enough to make a vague statement; the
explanation must be clear, detailed, and credible.

Case Law:

In Ram Nath v. K.K. Verma (2012), the court stated that the burden of proof lies on the
person who seeks condonation of delay to demonstrate that the cause for delay was
genuine. Failure to provide a satisfactory explanation leads to the rejection of the
application.
5. The Cause Should Not Be Willful or Negligent
No Willful Delay: The cause for the delay should not be a result of the party's own negligence,
indifference, or willful inaction. A deliberate or intentional delay will not be condoned, as it is
considered contrary to the principle of justice.

Case Law:

In S. K. Patel v. State of Gujarat (2009), the court denied condonation of delay because the
applicant failed to justify the reason for the delay, and it appeared to be due to negligence.

In contrast, in N. Balakrishnan v. M. Krishnamurthy (1998), the Supreme Court observed that

a delay caused due to good faith and honest mistakes (such as an incorrect legal advice)
can be condoned.

6. Judicial Discretion and Equitable Consideration

Discretion of the Court: The decision to condone the delay lies within the discretion of the
court, and the court must act in an equitable manner to ensure fairness. Even if the delay is
considerable, the court may still condone it if the cause presented seems reasonable and the
matter warrants a fair hearing.

Case Law:

In State of West Bengal v. The Administrator, Howrah Municipal Corporation (2007), the
Supreme Court held that it is the discretion of the court to condone the delay based on the
facts and circumstances, and a rigid application of the law would lead to miscarriage of
justice.

Conclusion
The guiding principles for condonation of delay under Section 5 of the Limitation Act, 1963 are
rooted in the idea that justice should not be denied solely based on procedural shortcomings. The
courts generally prefer to adjudicate matters on their merits rather than dismiss them on the
grounds of technical delay. However, each case is evaluated on its individual facts, and the delay
must be satisfactorily explained as being due to circumstances beyond the party's control and not
due to negligence or indifference.

"Professional misconduct consists in betraying the confidence of a

client, in attempting by any means to practice a fraud or impose on or
deceive the court or the adverse party or his counsel, and in fact in
any conduct which tends to bring reproach on the legal profession". In
this context, explain the meaning of the term 'professional
misconduct' with the help of decided cases.

Meaning of the Term 'Professional Misconduct' in the Legal Profession

The term "professional misconduct" refers to the improper, unethical, or illegal conduct by a lawyer
in the course of their professional activities. It undermines the integrity of the legal profession and
the trust that the public places in it. Professional misconduct is typically defined by the rules and
codes established by the Bar Council of India and is subject to disciplinary action under
the Advocates Act, 1961. It includes actions that betray the confidence of a client, attempt to deceive
the court or the opposite party, or generally bring disrepute to the legal profession.

Key Aspects of Professional Misconduct

1. Betrayal of Client’s Confidence
An advocate must maintain confidentiality about all information regarding the client's case.
 Breaching this trust, revealing confidential information, or using it to the client's detriment
constitutes professional misconduct.

Case Law: In N. S. Bindra v. State of Punjab (1973), the Supreme Court held that an advocate
who breaches the confidentiality of a client or misuses confidential information for personal
or professional gain is guilty of professional misconduct.

2. Attempt to Deceive or Defraud the Court or Opponent

Misleading the court through false statements, fabricating evidence, or attempting to deceive
the opposing party constitutes professional misconduct. Advocates are expected to conduct
themselves with honesty and integrity.

Case Law: In V.K. Verma v. Bar Council of Delhi (2002), the court found that an advocate who
presents forged documents to the court with an intent to deceive is guilty of professional
misconduct, and it led to the advocate being disbarred.

3. Failure to Act in the Best Interest of the Client

It is the duty of an advocate to diligently represent the best interests of their client, and
neglecting or failing to provide competent and timely legal advice can amount to misconduct.
This includes taking cases without having the proper knowledge or experience to handle them.

Case Law: In B. P. S. Verma v. Bar Council of India (1993), the Supreme Court held that an
advocate’s failure to properly represent the client, leading to a miscarriage of justice, was a
clear case of professional misconduct.

4. Misrepresentation or Dishonest Conduct

An advocate is prohibited from making false representations to the court, opposing parties, or
anyone involved in the case. Dishonest conduct or misrepresenting facts in a matter is a serious
form of professional misconduct.

Case Law: In Bar Council of India v. R.K. Anand (2009), the Supreme Court dealt with the
issue of an advocate attempting to influence the judge and making false representations to
the court. The advocate was found guilty of professional misconduct and was suspended
from practice for a significant period.

5. Acting in Collusion or Conspiracy to Defraud the Court

If an advocate is found to be conspiring with others, including the opposing party, to defraud
the court or delay justice, it constitutes gross misconduct.

Case Law: In R.C. Dey v. The Bar Council of India (1990), the Supreme Court considered an
advocate's involvement in a conspiracy to delay justice and punishable under the
profession’s ethical standards, and ruled that such conduct amounts to professional
misconduct.

6. Conduct Bringing Disrepute to the Legal Profession

Any conduct by an advocate that brings the profession into disrepute or lowers its esteem in the
eyes of the public is deemed professional misconduct. This could be through involvement in
illegal activities, corrupt practices, or behaving in an unprofessional manner in front of clients or
the public.

Case Law: In Bar Council of India v. M. R. Mehta (2000), the Court observed that an advocate
who behaves improperly or causes public harm by engaging in acts that tarnish the image
of the profession, such as making defamatory statements or abusing others in public, is
guilty of professional misconduct.

Disciplinary Action and Penalties

The Bar Council of India and State Bar Councils are responsible for regulating the conduct of
advocates. If an advocate is found guilty of professional misconduct, the following disciplinary
actions can be taken:

Suspension: The advocate may be temporarily suspended from practicing law.

Disbarment: In severe cases, the advocate may be permanently disbarred from practice.

Reprimand: A formal warning or censure may be issued against the advocate.

The aim of disciplinary actions is not only to punish the wrongdoer but also to protect the integrity
of the legal profession and ensure public confidence in the judicial system.

Conclusion
Professional misconduct involves actions that are dishonest, unethical, or illegal, causing harm to the
client, the court, or the legal profession as a whole. The cases discussed illustrate various forms of
misconduct, ranging from deceit and fraud to neglect and misrepresentation. Advocates must
uphold high standards of ethical conduct to maintain the dignity of the profession and the trust
placed in them by the public and the judiciary. The Bar Council has a critical role in disciplining those
who fall short of these standards to protect the integrity of the legal profession.

Discuss the functions of the Bar Council of India and the State Bar
Council.

Functions of the Bar Council of India (BCI) and State Bar Councils
The Bar Council of India (BCI) and the State Bar Councils are statutory bodies created under
the Advocates Act, 1961 to regulate and oversee the legal profession in India. They play a crucial role
in maintaining the standards of the legal profession, ensuring professional ethics, and safeguarding
the rights of advocates.

Functions of the Bar Council of India (BCI)

The Bar Council of India is the apex regulatory body for the legal profession in India. Its functions
and powers are outlined under Section 7 of the Advocates Act, 1961. The key functions of the BCI
include:

1. Framing Rules for the Legal Profession

The BCI has the authority to frame rules governing the legal profession, including the standards
of professional conduct and etiquette for advocates.

These rules guide the conduct of lawyers, ensuring that they maintain professionalism and
uphold ethical standards.

2. Enrollment of Advocates

The BCI regulates the process of enrollment of advocates in India. It sets the standards for who
can be admitted to practice as an advocate.

It supervises and assists the State Bar Councils in maintaining the roll of advocates and ensuring
that only qualified individuals are enrolled.

3. Legal Education and Standardization

The BCI sets the standards for legal education in India and regulates the recognition of law
schools and universities.

It ensures that law schools meet the necessary educational requirements to produce competent
and qualified legal professionals.

4. Protection of the Rights of Advocates

The BCI acts as a guardian of the rights and welfare of advocates. It safeguards their
professional interests and ensures that they are not subjected to unfair treatment or unjust
rules.

The BCI also protects advocates from any unlawful or unethical interference in the practice of
law.

5. Disciplinary Functions
 One of the BCI's most important roles is to regulate disciplinary action against advocates. It has
the power to take disciplinary actions in cases of professional misconduct, either suo moto or
based on complaints received.

The BCI can recommend the suspension, disbarment, or reprimand of an advocate for
misconduct.

6. Promoting Legal Aid and Access to Justice

The BCI plays a role in promoting legal aid and ensuring access to justice for those who cannot
afford legal representation.

It assists in organizing legal aid committees and working with organizations to improve access
to legal services, particularly for the underprivileged.

7. Managing the Advocates Welfare Fund

The BCI oversees the creation and administration of welfare schemes for the advocates, such as
the Welfare Fund.

This fund aims to assist advocates who are in need due to ill health, financial hardship, or other
difficult circumstances.

8. Coordination with State Bar Councils

The BCI serves as the coordinating body between the central government and State Bar Councils
on matters affecting the legal profession. It ensures that policies and initiatives related to the
profession are uniformly applied across states.

9. Regulation of the Professional Conduct of Advocates

The BCI is responsible for maintaining and enforcing the Advocates Act, 1961, particularly its
provisions related to professional conduct and ethics. It ensures that advocates adhere to the
ethical standards expected of them.

Functions of State Bar Councils

The State Bar Councils are statutory bodies established in each state under the Advocates Act, 1961.
They operate under the guidance of the BCI and perform similar functions at the state level, but with
a focus on the legal profession within their respective jurisdictions. The key functions of the State Bar
Councils include:

1. Enrollment of Advocates

State Bar Councils are responsible for enrolling advocates in their respective states. They
maintain the roll of advocates in the state, ensuring that only eligible and qualified persons are
enrolled.

The State Bar Councils verify the credentials of applicants and ensure that they meet the
necessary criteria set by the BCI.

2. Promoting Legal Education

State Bar Councils encourage legal education and research in their respective states.

They collaborate with law schools and institutions to ensure that the education and training
provided to future advocates meet the standards set by the BCI.

3. Welfare of Advocates

State Bar Councils are tasked with promoting the welfare of advocates in their jurisdiction. This
includes managing welfare schemes, providing financial assistance, and assisting in the health
and retirement needs of lawyers.

They may establish Welfare Funds for advocates facing hardships, illnesses, or other personal
issues.

4. Disciplinary Functions

The State Bar Councils play a key role in maintaining the discipline of advocates within their
states. They have the authority to take disciplinary action against advocates who violate the
 code of conduct or engage in professional misconduct.

They are empowered to suspend or remove advocates from the roll of advocates, though this
can be appealed to the Bar Council of India.

5. Ensuring Professional Conduct

State Bar Councils ensure that advocates in their states comply with professional ethics and
standards. They promote the observance of ethical practices and monitor the conduct of lawyers
to prevent professional misconduct.

The State Bar Councils also educate lawyers about ethical practices, as per the rules laid down by
the BCI.

6. Representation of Advocates

The State Bar Councils represent the interests and grievances of advocates within their
respective states. They serve as a bridge between individual advocates and the Bar Council of
India, as well as other legal bodies.

They ensure that the rights of advocates are protected and defend their interests in legal
matters.

7. Regulation of Advocates' Fees

The State Bar Councils may play a role in regulating the fees charged by advocates for their
services, ensuring that they are reasonable and just.

8. Promoting Legal Aid

Like the BCI, State Bar Councils are involved in promoting legal aid programs in their states.
They organize and manage initiatives aimed at providing legal services to the underprivileged
and those unable to afford legal representation.

9. Convening Bar Council Meetings

The State Bar Councils organize meetings of their members and coordinate with the BCI and
other legal bodies to discuss issues affecting the legal profession at the state level.

Conclusion
The Bar Council of India (BCI) and State Bar Councils both play crucial roles in regulating and
overseeing the legal profession in India. While the BCI operates at the national level, setting the
standards and policies for the legal profession, the State Bar Councils focus on implementing these
policies within their respective states. Both bodies are instrumental in ensuring that the legal
profession remains ethical, professional, and accountable to the public. They work together to
promote the welfare of advocates, regulate legal education, and maintain the integrity of the legal
profession.

Discuss the duties of an Advocate towards the Court with the help of
decided cases. Can an Advocate plead in any matter in which he has
pecuniary interest?

Duties of an Advocate Towards the Court

An advocate holds a privileged position in the legal system and is considered an officer of the court.
The relationship between an advocate and the court is based on trust, integrity, and professionalism.
Advocates have a duty to uphold justice, maintain the decorum of the court, and assist in the
administration of justice. The duties of an advocate towards the court are outlined under
the Advocates Act, 1961, the Rules of the Bar Council of India, and the Code of Conduct for
advocates.

1. Duty to Act with Integrity and Uphold the Rule of Law

An advocate is bound by a duty to maintain integrity and uphold the rule of law. This includes
ensuring that they do not assist in any conduct that undermines the court’s authority or misleads it.
In the case of R. v. Braine (1994), the English Court held that an advocate must not engage in any
fraudulent activities or mislead the court, as this would undermine the fairness of the judicial
process.

2. Duty to be Honest and Not Mislead the Court

An advocate has a duty to be truthful and to refrain from presenting false evidence or making false
statements. This duty is paramount, as misleading the court can lead to professional misconduct.

In the case of R.D. Saxena v. Balram Prasad Sharma (1996) 6 SCC 225, the Supreme Court held that
an advocate's fundamental duty is to assist the court in the administration of justice and not to
mislead it.

3. Duty to Maintain Court’s Decorum

An advocate must maintain the decorum of the court and behave in a manner that reflects the
dignity of the judicial institution. This includes avoiding any conduct that disrupts the court
proceedings or lowers its esteem.

In the case of State of Punjab v. Devinder Singh (2001) 8 SCC 349, the Court emphasized that the
conduct of an advocate must be such that it enhances the dignity and prestige of the court.

4. Duty to Assist the Court in the Administration of Justice

An advocate is expected to assist the court by presenting the facts and the law in an honest, clear,
and concise manner. The advocate must not only represent their client’s interests but also assist the
court in arriving at a just decision.

In K.K. Verma v. Union of India (1953), the Supreme Court held that it is the duty of an advocate to
help the court to reach a just decision by presenting relevant facts, evidence, and arguments.

5. Duty to Maintain Confidentiality

An advocate must keep all communications with their client confidential, and this confidentiality
extends even after the conclusion of the matter. This duty is essential for ensuring the trust between
the advocate and the client.

In K. K. Verma v. Union of India (1953), the Supreme Court reiterated that an advocate must
maintain confidentiality and not disclose information shared by the client, unless the law requires
otherwise.

6. Duty Not to Abuse the Court Process

An advocate must not misuse or abuse the process of the court for personal or professional gain.
They must ensure that litigation is not initiated frivolously or for ulterior motives.

In Monica Bedi v. Union of India (2000) 3 SCC 72, the Supreme Court emphasized that advocates
must not abuse the court process, and any act aimed at misleading or misusing the court for
personal gain can be penalized.

Can an Advocate Plead in Any Matter in Which He Has Pecuniary Interest?

An advocate has an ethical obligation not to represent clients or appear in matters in which they
have a pecuniary interest or personal financial involvement. This is to ensure that the advocate’s
duties to the client and to the court remain impartial and are not influenced by personal gain.

Legal Prohibition on Pecuniary Interest

According to the Bar Council of India Rules (Rules 1 to 49) under the Advocates Act, 1961, an
advocate must avoid situations where there is a conflict of interest between their personal or
pecuniary interests and the duty owed to the client and the court. Rule 49 of the Bar Council of
India Rules specifically prohibits an advocate from appearing in a case where they have a direct or
indirect pecuniary interest.

This principle is based on the ethical doctrine that an advocate must not engage in conduct that
compromises their professional judgment or creates a bias in the representation of their client.

Decided Cases on Pecuniary Interest

1. R. K. Anand v. Delhipur Traders (2009) 8 SCC 487 In this case, the Supreme Court held that the
advocate cannot plead in a matter where they have a direct financial interest, as it would lead to
 a conflict of interest. The case involved a lawyer who was caught using his influence to secure
favorable decisions in matters where he had a pecuniary stake. The Court ruled that this was
unethical and against the principles of professional conduct.

2. M. P. Lohia v. State of West Bengal (2010) 4 SCC 467 In this case, the Supreme Court reiterated
that advocates must not engage in litigation where their pecuniary interests could influence
their legal representation. The Court stated that a lawyer must always act with independence,
free from any financial or personal interest that may affect their professional judgment.

3. B. S. Yadav v. State of Uttar Pradesh (2000) 2 SCC 5 The Supreme Court held that a lawyer must
not represent a party in a case where they have any personal or financial stake, as it could affect
their ability to maintain objectivity and integrity in the matter. This judgment reinforced the idea
that personal financial interest in a case creates a conflict that compromises the advocate’s duty
to the court and to justice.

Conclusion

An advocate's duty towards the court is to maintain the highest standards of integrity, honesty, and
professionalism. They must avoid any conduct that could mislead or disrupt court proceedings. The
advocate must also not plead in matters where they have a pecuniary interest, as it would create a
conflict of interest and undermine their ability to act impartially in the best interest of the client and
justice. This ethical guideline ensures that the advocate’s actions are guided by the principles of
fairness and justice, which are the foundations of the legal profession.

The doctrine of condonation of delay is applicable if two requirements

are fulfilled i.e. "sufficient cause" and "satisfaction of the court".
Keeping in view the above statement, discuss the concept of
condonation of delay.

Concept of Condonation of Delay

The doctrine of condonation of delay allows a court to extend the prescribed time limit for initiating
a legal action or filing an appeal, even if the statutory period has passed. The primary purpose of this
doctrine is to ensure that a party is not unjustly deprived of their rights solely due to the passage of
time, provided that there is a valid reason for the delay. However, this power of condoning delay is
not exercised lightly and is subject to specific criteria laid down in the Limitation Act, 1963.

The Limitation Act prescribes time limits within which actions, suits, appeals, or applications must be
filed. If a party fails to file within this period, the action or appeal becomes time-barred. However,
under Section 5 of the Limitation Act, 1963, a court has the discretion to condone the delay, but
only if two essential requirements are met:

1. Sufficient Cause for Delay

2. Satisfaction of the Court

1. Sufficient Cause for Delay

The term "sufficient cause" is broad and flexible, designed to ensure that the party is not penalized
for delays that are beyond their control or due to genuine reasons. The party seeking condonation of
delay must provide a valid explanation for not filing the appeal, suit, or application within the
prescribed time.

The cause must be one that justifies the delay and should not be trivial or self-serving. The delay
should not be caused by the negligence or indifference of the party, but rather by circumstances that
could not have been foreseen or controlled. Examples of sufficient causes include illness, natural
calamities, legal complexities, or delays in obtaining necessary documents.

The court evaluates whether the reasons presented are reasonable, genuine, and adequate to justify
the delay. Courts have consistently held that "sufficient cause" does not mean an excuse for every
delay; it is an explanation that must be reasonable and credible.

2. Satisfaction of the Court

Even if a party shows that there is a sufficient cause, the delay is not automatically condoned. The
court must be satisfied that the delay was indeed caused by a genuine reason and that condoning
the delay is in the interest of justice.
The court’s discretion plays a crucial role in condoning the delay, as the court will assess the facts
and circumstances of each case individually. The court may also consider whether the delay has
prejudiced the other party or adversely affected the case’s merits.

Legal Precedents on Condonation of Delay

Several decided cases provide insight into how the courts apply the doctrine of condonation of
delay:

1. Collector, Land Acquisition v. Mst. Katiji (1987) 2 SCC 107

In this landmark judgment, the Supreme Court observed that Section 5 of the Limitation
Act must be liberally construed. The Court emphasized that when the substantial justice of the
case would be served, the court should be inclined to condone the delay, provided that there is
a reasonable explanation for the delay. The Court held that the expression "sufficient cause"
should be interpreted liberally to advance justice rather than to shut out a party due to
technicalities.

2. N. Balakrishnan v. M. Krishnamurthy (1998) 7 SCC 123

The Supreme Court in this case reiterated the importance of liberal interpretation in condoning
delays, particularly in matters involving justice. The Court stated that "condonation of delay is
not a matter of right, but a matter of discretion." It emphasized that the discretion should be
exercised judiciously, focusing on the merits of the case and ensuring that technicalities do not
deny a party access to justice.

3. Ram Nath Sao v. Gobardhan Sao (2002) 3 SCC 195

The Supreme Court held that delay in filing an appeal or application should be condoned if
there is a reasonable explanation for the delay, even if the delay was prolonged. The Court
made it clear that a liberal approach is to be taken when examining the reasons for the delay,
especially when there is no prejudice to the other party.

4. V. Shankaraiah v. Union of India (2013) 12 SCC 645

The Court held that the onus of proving the sufficient cause lies on the party who seeks
condonation. It is their responsibility to show that the delay was not willful but due to
circumstances beyond their control. The court also emphasized that the party should not have
acted with negligence.

Key Factors Considered by the Court

When considering the condonation of delay, the courts typically evaluate:

Reasonableness of the explanation: Is the explanation for the delay plausible and credible?

Impact on the case: Will the delay harm the other party or affect the rights of the parties
involved?

The merits of the case: Whether the case is worth hearing on merits, and whether refusing to
hear the case will lead to a miscarriage of justice.

The length of the delay: While a long delay requires more convincing justification, the court will
focus on the cause, rather than the length of delay, if the reason is credible.

Conclusion
The doctrine of condonation of delay is rooted in the principle of substantial justice. While time
limits are important to prevent endless litigation, the law recognizes that in certain situations, delays
can occur due to unavoidable reasons. Courts are empowered to condone delays when there is
a sufficient cause and when they are satisfied that it would serve the interests of justice. Therefore, a
party seeking condonation of delay must demonstrate that the delay was beyond their control and
was not a result of negligence. The courts, in turn, are expected to apply this doctrine with flexibility
and in the interest of ensuring that justice is not denied merely due to procedural technicalities.

What is the effect of non-registration of a compulsory registerable

document?

Effect of Non-Registration of a Compulsorily Registrable Document

Under the Registration Act, 1908, certain documents are required to be registered for them to be
legally valid and enforceable. The non-registration of a compulsory registerable document has
significant legal consequences. These documents are required to be registered because the law
seeks to ensure that they are publicly acknowledged and that they reflect the true and correct title of
the parties involved.

Section 17 of the Registration Act, 1908 specifies the documents that require compulsory
registration, including:

Instruments of gift of immovable property.

Documents that create, assign, limit, or extinguish any right, title, or interest in immovable
property.

Leases of immovable property for a period exceeding one year or for an indefinite period.

Documents of sale, mortgages, exchanges, or partition of immovable property.

Any other documents related to the transfer or creation of an interest in immovable property.

Consequences of Non-Registration:
1. Invalidity of the Document (Section 49)
According to Section 49 of the Registration Act, if a document that is required to be registered
is not registered, it cannot be received as evidence in court, except under specific circumstances.
Specifically, the document:

Cannot affect immovable property or confer any rights over it.

Cannot be admitted as evidence in a court of law for enforcing any rights related to
immovable property.

In essence, the document will be treated as though it does not exist for the purposes of
affecting immovable property rights.

2. Exception: Possession and Equitable Rights

While a non-registered document may not affect the title to the property or be used to enforce
rights over immovable property, the document may still have some effect in the case of
possession. For example:

If a person takes possession of the property in reliance on a non-registered agreement, the

court may recognize the possession as equitable if certain conditions are met, such as the
person acting in good faith and without knowledge of the other party’s conflicting claim.

In the case of gifts, a document of gift that is not registered may still be valid between the
parties if the gift has been completed by delivery of possession. However, it will not be
enforceable against third parties unless it is registered.

3. Impact on Third Parties (Section 50)

A non-registered document cannot affect third parties who acquire rights over the property in
good faith and for value. A third party, such as a bona fide purchaser or lessee, who registers
their document, will have a superior claim over someone holding an unregistered document.

Example: If A sells a piece of land to B and the sale deed is not registered, but B registers the
sale deed, B's claim to the land will prevail over A's claim, even if A has an unregistered
agreement with C.

4. Limitation on the Transfer of Property

A compulsory unregistered document does not transfer title to immovable property, which
means the person who executes the document (e.g., a deed of sale or a lease) retains the title
until the document is registered. This is important for transactions such as property sales or
leases, where the title is not legally transferred unless the document is registered.

5. Effect on Title in Case of Disputes

In the event of disputes between parties, the non-registration of a document can significantly
affect the title and ownership of property. For instance, in a dispute over a sale, if the sale deed
is not registered, the buyer cannot prove ownership through the deed in a court of law, which
may lead to the buyer losing the case if the seller challenges the document’s validity.

Case Law Examples

1. K.B. Saha and Sons Private Limited v. Development Consultant Limited (2008) 8 SCC 564
In this case, the Supreme Court held that the non-registration of a document of transfer of
 immovable property results in non-transferability of the property. Even though the parties to
the document may have executed it, without registration, the document cannot be used to
transfer title or interest in the property.

2. Gurudev Kaur v. Kaki (2003) 2 SCC 449

The Court held that a document that is compulsorily registrable and remains unregistered is not
admissible in evidence for the purpose of affecting the title of immovable property, except in
cases where the document affects the personal rights of the parties.

Conclusion
The non-registration of a compulsory registerable document under the Registration Act,
1908 renders the document invalid and unenforceable for the purpose of transferring or affecting
title over immovable property. While such a document may still have some effect in certain cases,
like possession, it does not provide legal protection against third-party claims or disputes regarding
the property. To ensure enforceability and avoid complications, it is crucial to register documents
that fall under the compulsory registration category.

'Administration of justice is a stream which has to be kept pure and

clean. It has to be kept unpolluted. It is not something which concerns
the Bench only. It concerns the Bar as well'. Discuss.

The statement "Administration of justice is a stream which has to be kept pure and clean. It has to
be kept unpolluted. It is not something which concerns the Bench only. It concerns the Bar as
well." emphasizes the vital role both the judiciary (Bench) and the legal profession (Bar) play in
maintaining the integrity and purity of the justice system. It reflects the responsibility of all
stakeholders in the legal system to ensure justice is delivered impartially, fairly, and in accordance
with the law.

1. Administration of Justice as a Stream

The metaphor of justice as a stream represents the continuous flow of fairness and impartiality,
necessary for the proper functioning of a legal system. A stream that is kept pure and clean is free
from any contamination or distortion, just as justice must be dispensed without bias or corruption.
This underscores the principle that justice must be delivered objectively, based on facts and the rule
of law, without any influence from external factors.

2. The Role of the Bench (Judges)

The Bench, or the judiciary, holds the responsibility for administering justice. Judges must ensure
that justice is dispensed impartially, applying the law without fear or favor. They must uphold the
Constitution, maintain the rule of law, and ensure that trials are conducted fairly. A judge is entrusted
with the power to make decisions that affect individuals' lives, liberty, and property, and they must
do so with integrity.

However, the administration of justice is not solely the responsibility of the judges. While judges are
the final arbiters, they need the active participation of the Bar (the legal profession) to ensure the
justice system functions smoothly. The Bench, therefore, must collaborate with the Bar to ensure
fairness in all proceedings.

3. The Role of the Bar (Advocates)

The Bar, comprising lawyers and advocates, plays an equally important role in maintaining the purity
of the justice system. Advocates are officers of the court, and they have an ethical obligation to
ensure that justice is served in every case they handle. Their duties include:

Duties towards the Court: Advocates must act with honesty and integrity, not mislead the court
or abuse the process of law.

Duties towards Clients: They must represent their clients zealously, but without resorting to
unethical tactics. They must avoid conflicts of interest and ensure that their personal interests do
not override their duty to the court and their client.

Upholding Legal Ethics: Advocates must adhere to the professional ethics outlined in the Bar
Council of India Rules and maintain the dignity of the legal profession. They should avoid acts
 of professional misconduct, such as misleading the court, fabricating evidence, or obstructing
the course of justice.

4. The Interaction Between the Bench and Bar

The Bench and the Bar are not separate entities but are interdependent. The Bench relies on the
Bar for presenting facts and legal arguments, while the Bar depends on the Bench for a fair and
impartial trial. If one fails in its duties, the justice system becomes compromised. Thus, the purity and
effectiveness of justice depend on both institutions working together in harmony.

Ensuring Integrity: The advocates must present their arguments truthfully, without deceit, and
the judges must evaluate these arguments fairly. If either party acts unethically, it could pollute
the stream of justice, leading to wrongful decisions and eroding public confidence in the legal
system.

Fostering Trust: For the justice system to remain pure and trustworthy, both the judiciary and
legal profession must hold each other accountable. Misconduct by either judges or advocates
can damage the public's faith in the judicial process. For instance, if a lawyer tries to influence
the outcome of a case through bribery, or a judge is biased, the entire system is at risk of being
"polluted."

5. Cases Illustrating the Role of the Bar in Justice Administration

In re: A Lawyer’s Misconduct (2018) – This case highlights the importance of maintaining the
integrity of the Bar. The Supreme Court emphasized the need for lawyers to follow ethical
conduct and warned that any violation would not be tolerated, as it undermines the credibility
of the justice system.

M. Veerappa v. Union of India (2014) – In this case, the Supreme Court stated that any act of
corruption or misconduct by advocates or judges must be immediately addressed to maintain
the purity of justice. The Court emphasized that even a minor breach of trust or duty by either
party has the potential to undermine the faith in the entire judicial process.

6. The Collective Responsibility of Bench and Bar

The purity of justice is a collective responsibility. Judges and lawyers must work together to ensure
that justice is not only done but also seen to be done. The integrity of the judicial system is the
foundation on which the rule of law stands, and both the Bench and Bar must uphold this
foundation. Advocates, as officers of the court, must ensure their conduct is in line with legal ethics,
while judges must adjudicate cases without bias or favoritism.

Conclusion
The statement rightly underscores that justice is a shared responsibility between the judiciary and
the legal profession. It emphasizes that the Bench and the Bar must both work diligently to keep
the "stream of justice" pure. Any deviation from ethical or professional conduct by either party
undermines the integrity of the system and leads to a polluted, corrupt judicial process. By
upholding their respective duties towards each other, the court, and society, both the Bench and the
Bar play a crucial role in ensuring that justice is always delivered impartially, fairly, and with integrity.

What is professional misconduct? Explain the concept with reference

to cases of moral turpitude?

What is Professional Misconduct?

Professional misconduct refers to a violation of the ethical standards, rules, and norms that govern
the professional conduct of an individual in their respective profession. In the legal
profession, professional misconduct involves any behavior by an advocate that is deemed unethical,
dishonorable, or contrary to the established rules of conduct. It can include acts that undermine the
integrity of the legal profession, hinder the administration of justice, or violate the duties owed to
clients, the court, or society.

The Advocates Act, 1961 defines professional misconduct for lawyers. According to Section 35 of the
Act, an advocate is subject to disciplinary action for misconduct, which can range from suspension to
removal from the roll of advocates. The Bar Council of India and State Bar Councils have the
authority to inquire into allegations of misconduct and take appropriate disciplinary measures.

Professional Misconduct in the Legal Profession

Professional misconduct may involve:

1. Dishonesty or fraud - Any act of deceit, fraudulent activity, or misrepresentation.

2. Negligence - A failure to exercise the required level of diligence in handling cases or

representing clients.

3. Conflict of interest - Representing conflicting interests without proper disclosure or consent.

4. Misleading the court - Providing false evidence, misleading the court, or engaging in any
conduct that obstructs the course of justice.

5. Corruption - Accepting bribes or any other unethical inducements.

6. Breach of client confidentiality - Disclosing privileged or confidential information without

consent.

7. Failure to maintain decorum - Disrespecting the court, colleagues, or clients.

Moral Turpitude and Professional Misconduct

Moral turpitude refers to conduct that is inherently base, vile, or depraved and is contrary to the
accepted norms of society. It involves actions that are not just legally wrong but are also considered
to be morally reprehensible. In the context of professional misconduct, if an advocate is convicted of
a crime involving moral turpitude, it can lead to disciplinary action and possibly removal from the
Bar.

Moral turpitude is often linked to criminal offenses that involve dishonesty, fraud, deception,
or violence, such as:

Theft

Bribery

Perjury

Fraud

Assault

Corruption

An advocate who engages in such acts may be charged with professional misconduct, and his
conduct can bring the legal profession into disrepute.

Case Laws Relating to Professional Misconduct and Moral Turpitude

1. In re: B. K. Srinivasan (1979)
In this case, the Supreme Court held that the conviction of an advocate for an offense involving
moral turpitude (such as bribery) constitutes professional misconduct. The Court ruled that an
advocate's conviction for a crime that involves dishonesty or fraud brings disrepute to the legal
profession and warrants disciplinary action.

2. P.D. Pande v. Bar Council of Maharashtra (1989)

In this case, the Supreme Court stated that any conviction for an offense that involves moral
turpitude leads to automatic professional misconduct. The Court emphasized that a lawyer’s
criminal conviction for acts involving dishonesty, like bribery, could render them unfit to
continue practicing law.

3. In re: V.K. Sethi (2007)

In this case, the Delhi High Court ruled that an advocate who had been convicted of a crime
involving moral turpitude, such as fraud, had to be disbarred. The Court held that the advocate’s
conviction was incompatible with the dignity of the legal profession and the trust placed in the
legal system by the public.

4. R.S. Deb v. Bar Council of India (1989)

The Supreme Court observed that professional misconduct includes not just the breach of
specific provisions of law but also any act that constitutes moral turpitude. The case discussed
the consequences for an advocate convicted of a serious offense like bribery, which directly
tarnishes the image of the profession.
 5. State Bar Council of Maharashtra v. M.V. Dabholkar (1975)
This case highlighted that moral turpitude includes actions involving dishonesty or fraud and
that any crime involving such conduct automatically falls within the category of professional
misconduct for advocates. The Court emphasized that an advocate’s actions must reflect the
highest standards of ethical conduct to maintain the integrity of the legal profession.

Key Aspects of Moral Turpitude and Professional Misconduct

1. Nature of the Offense
The act must be inherently immoral, as opposed to a technical violation of the law. For instance,
an advocate convicted of cheating, fraud, or perjury will be considered to have committed
professional misconduct, as these offenses involve dishonesty or deceit, which are seen as moral
wrongs.

2. Conviction vs. Allegation

For professional misconduct related to moral turpitude to be established, there must generally
be a conviction in a court of law. Mere allegations of moral turpitude are not sufficient unless
proven through a legal process.

3. Impact on Legal Profession’s Reputation

Convictions for crimes involving moral turpitude can seriously undermine public confidence in
the legal system. Therefore, such misconduct results in disciplinary action, including suspension
or removal from the Bar.

4. Disciplinary Action
Upon conviction for an offense involving moral turpitude, the Bar Council may initiate
disciplinary proceedings. The consequences may include:

Suspension of the advocate’s license to practice.

Removal from the roll of advocates.

Reprimands or warnings depending on the severity of the misconduct.

Conclusion
Professional misconduct in the legal profession encompasses any behavior by an advocate that
violates the rules of ethical conduct, including dishonesty, fraud, neglect of duties, and any conduct
that undermines the administration of justice. When an advocate is convicted of a crime
involving moral turpitude, such as theft, bribery, or fraud, it is automatically considered professional
misconduct. This is because such crimes are not only illegal but morally reprehensible, and they
undermine the integrity of the legal profession. The Bar Council and the judiciary take such
misconduct seriously, and advocates found guilty of such acts may face severe disciplinary actions,
including disbarment, to preserve the dignity and purity of the legal profession.

Explain the duty of an advocate towards the court with the help of
recent judgments.

Duty of an Advocate Towards the Court

The duty of an advocate towards the court is an essential part of the legal profession. An advocate
plays a vital role in ensuring the proper administration of justice. Their duties towards the court are
governed by various statutes, rules, and ethical principles, which ensure that justice is dispensed
impartially and fairly. An advocate must act with integrity, honesty, and respect towards the court.
The key duties of an advocate towards the court include:

1. Duty to Uphold the Law

An advocate has a duty to assist the court in the administration of justice by ensuring that the
law is upheld. They must not mislead the court, and they must present their case fairly, adhering
to legal rules and procedures.

2. Duty of Candor and Honesty

An advocate is expected to act in good faith and with honesty when dealing with the court. They
must not deliberately mislead the court or present false evidence. If an advocate becomes aware
of any falsehood presented to the court, they must take steps to correct it.
 3. Duty to Maintain Respect for the Court
An advocate must show due respect for the court, its procedures, and its members, including
judges and judicial officers. They should not engage in behavior that undermines the dignity or
authority of the court.

4. Duty to Assist the Court in Truth-Seeking

An advocate is an officer of the court, whose primary function is to assist the court in
discovering the truth. This involves presenting the facts and law in a fair and balanced manner,
and cooperating with the court’s efforts to arrive at a just decision.

5. Duty of Professionalism and Integrity

An advocate must conduct themselves with the highest standards of professionalism and
integrity in court. This includes avoiding any actions that would obstruct or hinder the
administration of justice, including frivolous claims or actions meant to delay proceedings
unnecessarily.

6. Duty to Maintain Decorum

Advocates must maintain proper decorum during court proceedings. They should avoid
shouting, arguing in an undignified manner, or displaying any behavior that could disrupt or
disrespect the court’s functioning.

Recent Judgments Illustrating an Advocate’s Duty to the Court

1. V.C. Shukla v. State (1998)
In this case, the Supreme Court held that an advocate has a duty not to mislead the court. The
Court emphasized that it is the advocate’s primary duty to ensure that the court is presented
with correct and honest information, and that any falsehood presented by an advocate
constitutes a serious breach of their professional duty.

2. State of Maharashtra v. M.H. George (1965)

In this case, the Supreme Court discussed the duty of an advocate to the court, focusing on an
advocate’s responsibility to the court even when it contradicts the interests of their client. The
Court held that an advocate should never do anything to mislead or deceive the court. In the
case, it was emphasized that the advocate must prioritize the truth and integrity of
proceedings over their client’s interests if the two come into conflict.

3. M. P. S. Gopalakrishnan Nair v. State of Kerala (2013)

In this case, the Kerala High Court stated that an advocate should not engage in any conduct
that brings dishonor to the court. The Court noted that misleading the court or acting in a
manner that obstructs the judicial process is a serious offense and amounts to professional
misconduct. The Court stressed that truth is paramount, and advocates must assist the court in
its fact-finding role rather than hinder it.

4. K.K. Verma v. Union of India (2001)

The Supreme Court in this case emphasized the importance of professional ethics and the
advocate's duty to the court. The Court stated that advocates must avoid using any dishonest
or fraudulent tactics to win a case. If an advocate becomes aware of false evidence or
misleading statements, they must disclose this information to the court. The Court held that an
advocate’s duty to the court is superior to their duty to the client if the two are in conflict.

5. Pravin C. Shah v. K.A. Kamat (1996)

In this case, the Supreme Court reiterated the principle that an advocate must always act in the
best interest of the court. The Court made it clear that an advocate who misrepresents facts or
submits false documents is guilty of professional misconduct, which can result in disciplinary
action.

6. Supreme Court Advocates-on-Record Association v. Union of India (2016)

In the landmark SC Advocates-on-Record Association case, the Court highlighted the
significance of ethics and responsibility in court proceedings. It laid down guidelines for
advocates, emphasizing their role as officers of the court, and their duty to uphold judicial
decorum and integrity. The Court reinforced that any conduct undermining the authority of the
court or obstructing justice would be subject to strict disciplinary measures.

Can an Advocate Plead in Any Matter in Which They Have Pecuniary

Interest?
An advocate must avoid conflicts of interest, and they are not allowed to plead in any matter in
which they have a direct or indirect pecuniary interest. This rule is integral to maintaining the
advocate’s impartiality, objectivity, and professional integrity. The Advocates Act, 1961, and the Bar
Council Rules prohibit advocates from engaging in any conduct that could compromise their ability
to represent a case fairly.

The concept of conflict of interest is widely recognized as a breach of an advocate’s duty to the
court. If an advocate has a pecuniary interest in a case, it may create a situation where their
judgment is clouded, and they may be tempted to act in ways that are not in the best interest of
justice.

Case Law:

Tiwari v. High Court of Delhi (2004)

The Supreme Court in this case reiterated that an advocate must not engage in a matter where
they have a personal or pecuniary interest. It was held that if an advocate has a direct financial
interest in the outcome of a case, it could influence their impartiality and objectivity, which is a
violation of their professional ethics.

Conclusion
The duty of an advocate towards the court is one of honesty, respect, professionalism, and
integrity. Advocates must uphold the law, assist in the administration of justice, and maintain proper
decorum and respect for the court. They must avoid misleading the court and presenting false
information. Recent judgments reinforce the idea that an advocate’s duty to the court is paramount
and must be given priority over personal or client interests. Additionally, an advocate is prohibited
from pleading in any matter where they have a pecuniary interest, as it can compromise their
impartiality and the integrity of the legal profession.

What are the matters which may be taken up by the Registrar of

Supreme Court in his Chamber as per order IV of the Supreme Court
Rules, 1966?

Matters that May Be Taken Up by the Registrar of the Supreme Court in His
Chamber as Per Order IV of the Supreme Court Rules, 1966
Order IV of the Supreme Court Rules, 1966 specifies the powers and responsibilities of the Registrar
of the Supreme Court in relation to the matters that may be dealt with in their chamber. The
Registrar is empowered to handle certain routine matters to ensure the efficient functioning of the
court. Here are the types of matters that may be taken up by the Registrar:

1. Matters Relating to Filing of Petitions

The Registrar can deal with the following matters related to the filing of petitions:

Examination of Petitions: The Registrar has the authority to examine petitions, including writ
petitions and other matters that are filed in the Supreme Court, to ensure they comply with
procedural requirements.

Rejection of Petitions: If a petition is found to be defective or incomplete, the Registrar may

reject it, subject to the directions of the Court.

Approval of Papers and Documents: The Registrar is responsible for approving the documents
accompanying petitions, ensuring that they are in proper form as per the rules.

2. Admission of Petitions

The Registrar may be empowered to admit petitions if the matter does not require detailed judicial
consideration. This includes:

Admitting Special Leave Petitions (SLPs) or any other matters that are to be presented before
the Supreme Court.

Issuing Notices: The Registrar can issue notices in cases that are not urgent or do not require
immediate attention by a bench, such as in cases where a matter can be dealt with
administratively.

3. Summons and Notices

The Registrar has the authority to issue summons and notices to the concerned parties in
connection with various cases, including the service of notice in petitions that are being examined by
the court.

4. Directions for Expeditious Disposal

In some matters, the Registrar can issue directions for the expeditious disposal of petitions or
applications, ensuring that the cases are processed in a timely manner.

5. Applications for Extension of Time

The Registrar has the authority to consider and grant applications seeking extension of time for the
filing of documents, affidavits, or petitions in cases where it is warranted, provided that there is a
reasonable explanation for the delay.

6. Correction of Clerical or Arithmetical Errors

The Registrar is authorized to rectify clerical or arithmetical errors in any order, judgment, or
document filed in the court. This ensures that the records are maintained accurately.

7. Condonation of Delay

The Registrar may deal with applications for the condonation of delay in filing appeals or petitions,
provided that the reasons for the delay are satisfactory and there is no need for judicial scrutiny.

8. Granting Leave to Appeal

In certain cases, the Registrar may grant leave to appeal in civil matters, especially when no
substantial question of law is involved, and the appeal does not require the involvement of a larger
bench or detailed examination.

9. Other Routine Matters

The Registrar is also responsible for handling various routine procedural matters such as:

Issue of certified copies of court orders or judgments.

Authentication of documents.

Fixing dates for hearing of matters in consultation with the court.

Transfer of cases to the appropriate bench or division.

Conclusion
The Registrar of the Supreme Court plays an important role in handling administrative and
procedural matters that help in the smooth functioning of the Court. As per Order IV of the
Supreme Court Rules, 1966, the Registrar has the power to deal with a variety of matters including
the filing and admission of petitions, issuing notices, granting extensions, correcting errors, and
handling procedural and administrative aspects of cases, all of which help expedite the judicial
process.

What matters can be disposed as by a Judge of High Court in his

chamber under Chapter II of High Court Rules, 1967?

Under Chapter II of the Delhi High Court Rules, 1967, the Judge of the High Court has the authority
to dispose of certain matters in chamber proceedings. These matters typically involve procedural,
administrative, or non-contentious issues that do not require a full courtroom hearing. The aim is to
expedite the judicial process by handling routine matters more efficiently. Here are the types of
matters that can be disposed of by a Judge of the High Court in his chamber:

1. Applications for Bail

A Judge in chamber can hear and dispose of applications for bail in both criminal and non-criminal
matters, especially in urgent cases, without the need for a formal hearing in court. This includes:

Regular bail applications.

Interim bail applications.

Anticipatory bail applications (where applicable).

2. Exemption Applications
Applications seeking exemption from personal appearance in court may be heard in chambers. The
Judge can grant exemption based on reasonable grounds, such as health issues, provided that the
case does not require the physical presence of the party in court.

3. Applications for Stay of Proceedings

The Judge in chambers can consider and grant or reject applications for stay of proceedings in cases
where the applicant seeks to halt or postpone ongoing legal processes or execution of a decree,
without needing a full bench hearing.

4. Applications for Temporary Injunctions

Applications seeking temporary injunctions or orders for interim relief in civil matters can be heard
in chambers. These include applications for orders to maintain the status quo or to protect the
interests of parties involved, pending the outcome of the main suit.

5. Applications for Review or Revision

The Judge may dispose of applications for review or revision of orders passed by lower courts or
tribunals in civil or criminal cases. If the matter is not complex and does not involve substantial
questions of law, it can be decided in chambers.

6. Applications for Condonation of Delay

Applications for condonation of delay in filing appeals, petitions, or applications may be disposed of
in chambers. If the delay is minor and the reason for delay is reasonable, the Judge may grant the
condonation.

7. Applications for Admission and Listing

Applications seeking the admission of cases or requests to list cases for hearing may be disposed of
by the Judge in chambers. The Judge can order that the matter be placed before a larger bench or
scheduled for a hearing if necessary.

8. Disposal of Miscellaneous Petitions

Miscellaneous petitions that involve procedural or administrative issues, such as review
petitions or applications for correction of clerical errors, may be disposed of in chambers if they do
not raise substantive issues requiring full judicial scrutiny.

9. Execution of Decrees
Matters relating to the execution of decrees, such as the issuance of warrants, orders of attachment,
or other similar proceedings, can be taken up by the Judge in chambers, especially in routine or non-
contentious cases.

10. Applications for Appointment of Receivers or Commissioners

Applications for the appointment of receivers or commissioners in civil matters, when routine or
urgent, may be disposed of by the Judge in chambers. This includes the appointment of individuals
to manage or oversee assets or properties in dispute.

11. Settling Issues or Framing of Questions

In certain cases, a Judge may be required to settle issues or frame questions for trial, and this can be
done in chambers if it involves routine procedural matters.

12. Matters Related to Summary Procedures

Routine matters that can be disposed of summarily, such as uncontested divorce petitions, revenue
matters, or certain administrative orders, can be taken up in chambers.

Conclusion
In summary, Chapter II of the Delhi High Court Rules, 1967 provides that a Judge in his
chamber can deal with a variety of matters that involve routine procedural issues, urgent matters, or
cases that do not require detailed judicial examination. These include bail applications, stay
applications, temporary injunctions, review or revision petitions, and execution-related matters,
among others. The aim of handling these matters in chambers is to ensure that the court’s time is
efficiently used and that urgent or straightforward matters are dealt with expediently.
 What are the documents which require Compulsory registration under
Indian Registration Act, 1908?

Under the Indian Registration Act, 1908, certain documents require compulsory registration to be
valid and enforceable. The Act mandates that these documents must be registered with the Registrar
of the respective jurisdiction to ensure their legality and authenticity. The following documents
require compulsory registration under the Indian Registration Act, 1908:

1. Documents of Transfer of Immovable Property

Sale Deed: A deed of sale for the transfer of immovable property, including the transfer of rights
or interests in land.

Mortgage Deed: A deed of mortgage, whether simple or by deposit of title deeds, involving
immovable property.

Lease Deed: A lease agreement for a period exceeding one year or involving the creation,
transfer, or modification of an interest in immovable property.

Exchange Deed: Documents related to the exchange of immovable properties.

Gift Deed: A deed of gift relating to immovable property.

2. Deeds of Partition
Partition Deed: A deed that involves the division of joint property or the allotment of share of
property to each co-owner, where immovable property is involved.

3. Deeds of Trust
Trust Deed: A document that creates or alters a trust in relation to immovable property, such as
the appointment of a trustee or the transfer of immovable property to a trust.

4. Wills and Codicils

Will: A will that relates to the transfer of immovable property. However, it is important to note
that a will is not compulsory to be registered, but if it involves immovable property,
registration ensures authenticity.

5. Agreement to Sell or Convey

Agreement to Sell: If an agreement to sell involves the transfer of immovable property and is
not performed within the time stipulated, it must be registered to be valid. While an agreement
to sell on its own does not need registration, a document that will eventually transfer an interest
in immovable property must be registered.

6. Power of Attorney
Power of Attorney: A Power of Attorney that is related to the transfer of immovable property
(such as one granting the authority to sell property) must be registered. This applies even if the
attorney has been granted specific powers regarding the transfer of immovable property.

7. Lease Deeds for More Than 1 Year

Any lease agreement involving immovable property for a term exceeding one year must be
registered. If the lease term is less than one year, registration is not mandatory.

8. Deeds of Conveyance or Sale

Deeds of Conveyance or any document that involves the transfer of immovable property from
one person to another (such as conveyance deeds in the case of property development or sub-
division) must be registered.

9. Deeds Creating, Transferring, or Extinguishing Interests in Property

Any deed that creates, transfers, or extinguishes an interest in immovable property, such as in
the case of easements or rights of way, requires compulsory registration.
Exceptions to Compulsory Registration
There are certain exceptions where registration is not compulsory, but these are limited. For instance:

Wills: As mentioned earlier, while a will involving immovable property is not compulsory for
registration, its registration ensures authenticity.

Documents Not Affecting Immovable Property: Agreements or documents that do not transfer
or affect immovable property, like personal agreements or deeds, are not subject to compulsory
registration.

Conclusion
Compulsory registration under the Indian Registration Act, 1908 is required for documents that
affect immovable property, such as sale deeds, leases, mortgages, exchange deeds, partition deeds,
and trust deeds. Failure to register these documents as per the Act may render them inadmissible in
court and affect their legal validity. Registration ensures that the transaction is public, authentic, and
legally enforceable.

Under what circumstances period of limitation can be extended?

Whether sufficient cause' for extending period of limitation under the
Limitation Act, 1963?

Under the Limitation Act, 1963, the period of limitation can be extended under certain
circumstances, primarily through the concept of condonation of delay. The Act provides a
mechanism to extend the limitation period if there is a sufficient cause for the delay in filing an
application or suit within the prescribed period.

Circumstances for Extending the Period of Limitation:

1. Section 5 - Condonation of Delay:

Section 5 of the Limitation Act allows for the extension of the limitation period if the party
seeking it demonstrates a sufficient cause for the delay in filing a suit, appeal, or
application.

The court has the discretion to condone the delay and allow the filing of a matter beyond
the prescribed limitation period if the delay is not intentional and is supported by a
reasonable explanation.

The court does not extend the limitation period automatically; rather, the party seeking the
extension must show that the delay was due to unavoidable or excusable reasons.

2. Examples of Sufficient Cause:

Illness: If the party was physically or mentally unfit due to illness, preventing them from
taking legal action within the prescribed time.

Unavoidable Circumstances: Situations like natural disasters, war, strikes, or the party being
out of the country.

Miscommunication or Lack of Knowledge: If a party was unaware of their legal rights or

the existence of a legal requirement due to no fault of their own.

Incorrect Legal Advice: A party may have acted on faulty or incorrect legal advice that
caused delay in filing.

Accident or Other Emergency: Any personal emergency or accident that hindered the
ability to file within the time limit.

3. Section 14 - Exclusion of Time:

In addition to Section 5, Section 14 of the Limitation Act provides that time spent in good
faith in pursuing a matter in a wrong court may be excluded from the calculation of the
limitation period.

This provision is applicable when a party has approached an improper forum or court and,
based on such error, seeks extension of the limitation period.

The delay will be excused if the party can show they acted in good faith and their mistake
was reasonable.
Meaning of "Sufficient Cause" for Extending the Limitation Period:
The phrase "sufficient cause" is interpreted liberally to serve the interests of justice and prevent
the dismissal of claims merely on technicalities of time.

It requires a reasonable explanation for the delay that is beyond the party's control. Courts have
held that a liberal approach should be followed, especially when the delay is not excessive and
the other party will not be prejudiced by the extension.

Judicial Interpretation of Sufficient Cause:

Courts have consistently held that each case should be examined on its own facts and merits. Factors
such as:

Length of the delay.

Reason for the delay.

Prejudice to the other party.

Bonafides of the party seeking condonation.

Whether the delay was due to negligence or inadvertence.

In the landmark case of Collector, Land Acquisition vs. Mst. Katiji, the Supreme Court held
that "sufficient cause" should be interpreted liberally to advance justice rather than dismiss a case
on technicalities.

Key Case Laws:

1. N. Balakrishnan v. M. Krishnamurthy (1998): The Supreme Court emphasized that
the "sufficient cause" should be interpreted flexibly, and the courts should allow a party to
proceed with its matter if the delay was due to circumstances beyond its control and there is no
deliberate negligence.

2. State of Nagaland v. Lipok Ao (2005): The court clarified that a liberal approach must be
adopted while considering the application for condonation of delay, especially in cases where
the delay is not prolonged, and the party is otherwise deserving of the relief.

Conclusion:
The period of limitation can be extended under Section 5 of the Limitation Act if the party can
show that there was a sufficient cause for the delay in filing the suit or appeal. The term "sufficient
cause" is broadly interpreted, and courts generally adopt a liberal approach to ensure that cases are
decided on merits rather than dismissed on technical grounds of delay, unless there is an element of
gross negligence or bad faith. The principles of justice, fairness, and reasonableness guide the courts'
decision-making process in these matters.

What are the Rights and Privileges of an advocate?

Advocates in India enjoy certain rights and privileges that are integral to their role in the legal
system. These rights and privileges are essential for ensuring the effective discharge of their
professional duties and for safeguarding their independence and status as officers of the court. The
rights and privileges of an advocate are enshrined in various statutes and rules, such as
the Advocates Act, 1961, the Bar Council Rules, and judicial pronouncements. Below are some of the
key rights and privileges of advocates:

1. Right to Practice (Section 30, Advocates Act, 1961)

An advocate has the right to practice in any court, including the Supreme Court, High
Court, District Court, and other subordinate courts, tribunals, or authorities in India.

This right extends to appearing, acting, and pleading on behalf of clients in any legal
proceeding before any court or tribunal.

The right to practice also extends to drafting legal documents such as pleadings, affidavits,
petitions, and other legal papers.

2. Right to Appear and Plead in Courts

 An advocate has the right to appear and plead on behalf of a client before any court, tribunal,
or other legal authorities. This right is fundamental to the practice of law and allows advocates
to represent their clients in legal matters.

This privilege is subject to the rules of the respective courts and bar associations, but it is
generally recognized that an advocate has the exclusive right to appear for their clients in legal
proceedings.

3. Right to Draft Pleadings and Legal Documents

Advocates have the right to draft legal documents such as petitions, writs, applications,
affidavits, deeds, and contracts. This right is essential to their function as legal professionals
responsible for preparing documents for court proceedings.

4. Right to Access Court Premises

Advocates have the right to enter and remain in courtrooms during the hearing of cases. They
have the privilege of attending court proceedings and assisting the judges in administering
justice.

They have free access to the courtrooms and chambers of judges during working hours, subject
to the orders and rules of the court.

5. Right to Legal Immunity (Privilege of Advocacy)

Advocates enjoy a privilege of immunity for the statements made in the course of court
proceedings. This is to ensure that advocates can perform their duties without fear of being
sued for defamation or other legal actions for statements made in the course of legal
proceedings.

This immunity extends to oral statements made in court as well as written pleadings filed in a
case, as long as they are related to the proceedings.

However, this immunity is not absolute. Advocates cannot claim immunity for statements
made outside of court or if the statements are made with malice or in bad faith.

6. Right to Protection from Arrest (Section 32, Advocates Act)

An advocate has the right to protection from arrest while they are attending to their
professional duties, such as appearing in court or consulting with clients.

The arrest of an advocate during court proceedings, without the consent of the court, is
prohibited, and any action in contravention of this can be challenged.

7. Right to Refuse to Act in Certain Cases

An advocate has the right to refuse to represent a client in a matter that involves unethical,
illegal, or immoral activities. This right ensures that advocates can maintain their professional
integrity and refuse to assist in fraudulent or unlawful activities.

An advocate can also refuse to act in cases where they have a conflict of interest or if
continuing to represent a client would compromise their duties to the court or to another client.

8. Right to Earn Professional Fees

Advocates have the right to charge reasonable fees for the services rendered in their
professional capacity. The fee structure must comply with the Bar Council Rules and should be
fair, transparent, and in accordance with ethical practices.

While an advocate is allowed to charge fees, they are also prohibited from charging exorbitant
fees or fees that are disproportionate to the services rendered.

9. Right to Professional Independence

Advocates enjoy professional independence in their conduct of legal practice. They are not
bound by the instructions of their clients in matters of professional ethics and the law.

The principle of independence of the legal profession ensures that advocates can offer legal
advice and representation without being influenced by external pressures, whether from clients,
politicians, or other entities.

10. Right to Form Associations

 Advocates have the right to form or join bar associations to protect their interests, advocate for
better working conditions, and further their professional development. Associations such as
the Bar Council of India and various State Bar Councils provide support to advocates, assist in
their professional regulation, and work towards the welfare of the legal community.

11. Privilege of Confidentiality

Advocates have a privileged duty of confidentiality toward their clients. This means that they
must not disclose any information relating to the client's case or any confidential
communication received from the client, except with the client's consent or when required by
law.

This privilege is fundamental to maintaining the trust between the advocate and client and
ensuring the integrity of the legal profession.

12. Right to Practice Across the Country

An advocate enrolled with the Bar Council of India can practice in any court in India, and this
right is uniform across all courts and jurisdictions. This is in contrast to lawyers in some other
jurisdictions, where lawyers are restricted to practice only in specific courts or regions.

13. Right to Attend Conferences and Training

Advocates have the right to attend legal conferences, workshops, and training programs
organized by the Bar Council or other legal institutions. These conferences help enhance the
professional skills of advocates and keep them updated on the latest legal developments.

14. Right to Access Legal Literature

Advocates have the privilege of accessing legal texts, case law, statutes, and other legal
resources that are necessary for the preparation and practice of law. This is an essential
component of their professional role in researching and drafting legal documents.

15. Right to Be Treated with Dignity and Respect

Advocates are entitled to be treated with respect and dignity in the courtroom and in
professional settings. This includes the right to be heard, to engage in fair legal procedures, and
to be free from harassment or intimidation.

Conclusion
The rights and privileges of advocates are designed to protect their ability to practice law
independently, competently, and ethically. These rights are essential for upholding the rule of
law and ensuring that advocates can serve as effective officers of the court, assisting in the
administration of justice while maintaining their professional integrity. The Advocates Act, 1961 and
various rules set forth by the Bar Council of India and State Bar Councils safeguard these rights and
privileges to ensure a fair and just legal system.

What are professional misconducts of part of an advocate?

Professional misconduct refers to actions by an advocate that violate the established ethical
standards of the legal profession, breach the duties owed to the court, client, or colleagues, or impair
the integrity of the legal profession. Under the Advocates Act, 1961, professional misconduct is
defined broadly and can encompass a variety of unethical or improper actions that tarnish the
reputation of the legal profession and undermine public trust in the legal system.

Types of Professional Misconduct by an Advocate

1. Breach of Professional Etiquette and Ethics

Failure to uphold dignity: Advocates must maintain the dignity of their profession and
uphold the standards of professional conduct. Disrespect towards the court, opposing
 counsel, or clients can be considered misconduct.

Unbecoming conduct: Engaging in conduct that is unbecoming of an advocate, including

inappropriate behavior in court, disrespect to judges, or disruptive conduct in the legal
process.

2. Conflict of Interest

An advocate must avoid situations where their personal interests conflict with their
professional duties. Representing opposing parties in the same matter, or acting for a party
whose interest is contrary to that of a previous client, can be considered professional
misconduct.

Example: Representing two clients whose interests are adverse in a particular legal matter.

3. Misrepresentation and Fraud

Advocates are prohibited from engaging in fraudulent activities,

including misrepresentation of facts or law to the court, clients, or any other party involved
in a legal matter.

Example: Misleading the court with false information, fabricating evidence, or dishonestly
altering documents.

4. Excessive or Unfair Fees

Charging unreasonably high or unethical fees for legal services or attempting to get fees
through dishonest means. The fees must be transparent and within the limits set by the Bar
Council’s regulations.

Example: Charging a fee that is grossly disproportionate to the work done or attempting to
collect money in an unlawful manner.

5. Misuse of Confidentiality

Advocates owe a duty of confidentiality to their clients and must not disclose information
obtained during professional dealings unless authorized by the client or required by
law. Breach of confidentiality is a serious misconduct.

Example: Disclosing client secrets or revealing sensitive information without the client’s
consent.

6. False or Malicious Allegations

Making false or malicious allegations against opposing parties, colleagues, or the court.
This includes defamatory statements made with intent to harm or discredit others.

Example: Making unsubstantiated claims in court or filing vexatious and baseless

complaints to defame others.

7. Negligence or Incompetence

Failing to perform duties diligently or being negligent in a case can be considered

professional misconduct. This includes missing important deadlines, failing to prepare a
case properly, or not following up on necessary actions.

Example: Failing to file important documents on time, resulting in a client's case being
dismissed.

8. Violation of Court Orders or Procedural Rules

Ignoring or violating court orders, failing to adhere to established procedures, or engaging

in practices that disrupt the smooth functioning of the court.

Example: Ignoring court deadlines, failing to attend hearings without valid reasons, or
disrupting the court's proceedings.

9. Impairment of Professional Integrity

Engaging in conduct that tarnishes the image of the profession, such as accepting bribes or
engaging in corrupt practices.

Example: Offering or accepting money to influence a court decision.

10. Soliciting Clients

Direct solicitation of clients for personal gain, especially through advertisements, phone
calls, or other forms of solicitation, is prohibited for advocates.
 Example: Using personal contact or solicitation for gaining clients in unethical ways or
advertising legal services publicly.

11. Unlawful Practice

Practicing law without proper authorization, such as practicing while not being enrolled
with the Bar Council or working in jurisdictions where one is not permitted to practice.

Example: Practicing law without being duly registered with the appropriate Bar Council.

12. Failure to Comply with the Code of Conduct

Violating Bar Council Rules or not adhering to the ethical guidelines laid down by the Bar
Council of India or State Bar Councils, including failure to follow the professional conduct
regulations or the ethical codes of the profession.

Example: Not following the Bar Council’s code of conduct, which mandates an advocate’s
behavior in court and with clients.

Consequences of Professional Misconduct

An advocate found guilty of professional misconduct can face disciplinary actions, including:

Reprimand or censure: A formal warning.

Suspension: Temporary suspension from practicing law.

Disbarment: Permanent removal from the practice of law.

Fine: Financial penalties may also be imposed depending on the nature of the misconduct.

Case Law Examples on Professional Misconduct

1. Bar Council of India v. M.V. Elias, (1984) 2 SCC 352

An advocate was found guilty of misleading the court by providing false information and
documents. The Bar Council’s disciplinary action of suspension was upheld by the court.

2. Ex parte J. R. Choudhury, AIR 1993 SC 125

A lawyer was found to have fabricated evidence to support a false claim. The Supreme
Court held that such conduct was professional misconduct, warranting disciplinary action.

3. State Bar Council of Madhya Pradesh v. S.K. Keshri, AIR 2004 SC 2191

In this case, the Supreme Court found the lawyer guilty of unprofessional conduct after he
was involved in multiple instances of misrepresentation to the court and engaged in illegal
practices.

Conclusion
Professional misconduct of an advocate undermines the integrity of the legal profession and the
justice system. The Advocates Act, 1961 and the Bar Council Rules serve as the legal framework to
regulate the conduct of advocates, ensuring that they adhere to ethical standards and uphold the
rule of law. Engaging in misconduct can result in severe consequences for the advocate, including
disciplinary action, suspension, or disbarment.

Discuss with relevant case law, the ethics and professional duty of an
advocate towards the opposite Counsel and Society.

Ethics and Professional Duty of an Advocate Towards the Opposite Counsel

and Society
Advocates play a crucial role in the administration of justice. Their duties extend not only towards
their clients but also to the court, the opposite counsel, and society at large. Ethical conduct and
professional responsibility towards the opposite counsel and society are essential for maintaining the
integrity of the legal profession and ensuring a fair justice system.

Duty Towards the Opposite Counsel

Advocates owe a professional duty to their colleagues in the legal profession, including opposing
counsel. This duty ensures that the legal process remains fair, efficient, and in accordance with the
principles of justice. Some of the key ethical responsibilities of an advocate towards the opposite
counsel are:

1. Fair Play and Honesty

Advocates are expected to engage in honest and fair dealings with opposing counsel. They
must refrain from unfair tactics, deceit, or misleading conduct.

Case Law: In the case of State of Maharashtra v. M.H. George, (1965) 2 SCR 257, the
Supreme Court held that an advocate must not deceive or mislead the court and should
always conduct himself with fairness and integrity in dealings with the opposite party.

2. Respect for the Court Process

An advocate should not only respect the court but also respect the right of the opposite
counsel to represent their client. This includes maintaining decorum and civility in
communication, both within the court and outside it.

Case Law: In Ram Jethmalani v. Union of India, AIR 2011 SC 1182, the Supreme Court
observed that advocates have a duty to maintain a decorum of respect towards other
advocates, irrespective of their position, and should never engage in any form of personal
animosity or slander.

3. No Personal Attacks or Defamation

An advocate should avoid making personal attacks or defamatory statements against the
opposite counsel. The duty of fairness prohibits any conduct that tarnishes the reputation
of another lawyer.

Case Law: In V.C. Rangadurai v. D. Gopalan, AIR 1979 SC 2017, the Supreme Court clarified
that personal allegations against an opposing counsel during the course of litigation,
without substance or evidence, can be treated as professional misconduct.

4. Cooperation in Discovery and Disclosure

Advocates must cooperate with the opposite counsel during the discovery phase of
litigation. They must adhere to proper procedures for disclosure of documents and
evidence, ensuring that there is no suppression of material facts.

Case Law: In K.K. Verma v. Union of India, (1954) 2 SCR 595, the Court emphasized
that advocates should not suppress material facts, and should provide opposing counsel
with all necessary documents and information that are required under law.

5. Courteousness and Civility

Advocates are expected to maintain civility and professionalism when interacting with
opposing counsel, even in the heat of a contentious case.

Case Law: In R.D. Saxena v. Balram Prasad Sharma, AIR 2000 SC 291, the Supreme Court
underscored the importance of decency and propriety in the conduct of an advocate, both
inside and outside the courtroom.

Duty Towards Society

An advocate’s duty to society goes beyond individual client interests. The legal profession holds a
privileged position in society, and advocates have an ethical responsibility to maintain the integrity
of the system and ensure the rule of law is upheld.

1. Upholding the Rule of Law

Advocates are the guardians of justice and must work to ensure that justice is served fairly
and impartially. They should promote the rule of law and respect for legal procedures.

Case Law: In Bar Council of Maharashtra v. M.V. Dabholkar, (1976) 2 SCC 291, the Court
held that the legal profession is essential to the functioning of a democratic society and
that an advocate has a duty to ensure that justice is served, irrespective of personal
interests.

2. Access to Justice for All

Advocates must work towards ensuring that all individuals, regardless of their social or
economic status, have access to justice. This includes providing legal aid to those who
cannot afford legal services.
 Case Law: The Supreme Court, in M.H. Hoskot v. State of Maharashtra, (1978) 3 SCC 544,
held that the right to legal aid is fundamental and advocates must assist the poor and
marginalized in accessing legal recourse.

3. Protecting the Public Interest

Advocates are expected to protect public interests and work towards the greater good. This
includes ensuring that the legal profession is not misused for unlawful purposes and that
they do not act for clients with immoral or illegal intentions.

Case Law: In State Bar Council of Punjab and Haryana v. Subhash Chander, AIR 1996 SC
579, the Supreme Court emphasized that advocates must act in the public interest, and
their professional conduct should not aid in the commission of any illegal act or cause harm
to society.

4. Promoting Ethical Legal Practices

Advocates are responsible for promoting ethical practices within the legal profession. This
includes refusing to take up cases where the client’s intentions are not justifiable, and
ensuring that their conduct adheres to high moral standards.

Case Law: In Ex parte J.R. Choudhury, AIR 1993 SC 125, the Court held that an
advocate's duty to society includes ensuring that their professional actions do not harm
the public interest or tarnish the reputation of the legal system.

5. Discretion and Public Confidence

An advocate should act with discretion in handling sensitive matters and avoid actions that
could undermine public confidence in the legal profession. This includes maintaining
confidentiality and not engaging in conduct that would tarnish the image of the legal
profession.

Case Law: In K.K. Verma v. Union of India, (1954) 2 SCR 595, the Supreme Court observed
that the advocate’s duty to society requires them to preserve the sanctity and
trustworthiness of the legal system.

Conclusion
An advocate’s ethical duty towards the opposite counsel and society is fundamental to the
maintenance of justice and the rule of law. By adhering to ethical standards, advocates contribute to
a fair, transparent, and just legal system that ensures equal rights and justice for all. The relevant
case laws reinforce the notion that advocates must conduct themselves with fairness, integrity, and
respect for their colleagues and society at large. Such conduct not only upholds the dignity of the
profession but also fosters public trust in the justice system.

Critically examine the Significance of Legal Ethics in development of

Legal profession. What are ethical duty imposed on lawyers by an
Advocate Act. Examine the role of Bar council in maintaining Legal
Ethics? Cite relevance case law.

Significance of Legal Ethics in the Development of the Legal Profession

Legal ethics is the foundation upon which the legal profession stands. It ensures that advocates and
lawyers adhere to a set of moral and professional standards that uphold the integrity, dignity, and
fairness of the legal system. The importance of legal ethics cannot be overstated as they govern the
conduct of lawyers, guide their professional behavior, and safeguard the rights of their clients, the
public, and the judiciary.

1. Upholding Public Trust: Legal ethics builds and maintains the public's trust in the legal system.
A lawyer who adheres to ethical principles contributes to the credibility and reliability of the
legal profession. Without legal ethics, the practice of law would be seen as corrupt or self-
serving, leading to a breakdown in the justice system.

2. Professional Integrity: Legal ethics establish a framework that ensures lawyers conduct
themselves with honesty, fairness, and respect. This leads to the continued development of the
profession, as new lawyers are trained to act responsibly, which improves the overall quality of
legal services.
 3. Protection of Client Rights: Ethical standards protect clients from exploitation by lawyers. Ethical
principles, such as confidentiality, avoiding conflicts of interest, and duty to represent clients
with competence, are essential for maintaining a fair legal process.

4. Justice and Fairness: Legal ethics ensure that lawyers uphold the rule of law and strive for
justice. They prevent lawyers from engaging in unethical behavior, such as misleading the court,
engaging in fraudulent practices, or suppressing evidence.

Ethical Duties Imposed on Lawyers by the Advocates Act, 1961

The Advocates Act, 1961 is a key piece of legislation that regulates the legal profession in India. It
establishes the Bar Council of India (BCI) and State Bar Councils and provides a framework for the
professional and ethical conduct of advocates. Several ethical duties are enshrined in the Act and its
rules, including:

1. Duty to the Court: Advocates are expected to act as officers of the court, ensuring that justice is
administered impartially and without bias. They must maintain the decorum of the court, refrain
from misleading the court, and avoid personal attacks or unethical conduct.

Case Law: In K.K. Verma v. Union of India, (1954) 2 SCR 595, the Supreme Court
emphasized that an advocate must never mislead the court or assist a client in such
actions.

2. Duty to the Client: The Advocates Act places a strong emphasis on the lawyer's duty to act in
the best interests of their client, while maintaining loyalty, confidentiality, and a commitment to
providing competent representation. The advocate must ensure that the client is not exploited,
and must communicate clearly and effectively.

Case Law: In Ram Jethmalani v. Union of India, AIR 2011 SC 1182, the Court upheld
the duty of an advocate to defend their client diligently and competently.

3. Duty to the Profession: Lawyers must uphold the integrity of the legal profession by refraining
from unethical practices such as corrupting the system, misrepresenting facts, or engaging in
fraud.

Case Law: In Bar Council of Maharashtra v. M.V. Dabholkar, (1976) 2 SCC 291, the Court
observed that advocates must maintain the profession’s honor and not engage in
conduct that tarnishes its reputation.

4. Duty to Society: Advocates should always act in the public interest, ensuring that the law serves
society, especially the marginalized and underserved sections. They must also promote access to
justice and not engage in actions that could harm public trust in the legal system.

Case Law: In M.H. Hoskot v. State of Maharashtra, (1978) 3 SCC 544, the Court held
that legal aid is a fundamental right, and advocates must help in ensuring equal access to
justice.

5. Duty to the Opponent: Lawyers are expected to conduct themselves with respect and fairness
towards opposing counsel. They must not make false statements or resort to personal attacks,
ensuring that the legal process is adversarial yet respectful.

Case Law: In Ram Jethmalani v. Union of India, AIR 2011 SC 1182, the Court reaffirmed that
an advocate must avoid misleading or defamatory conduct towards opposing counsel.

Role of the Bar Council in Maintaining Legal Ethics

The Bar Council of India (BCI) and State Bar Councils play a pivotal role in regulating and promoting
ethical standards within the legal profession in India. The BCI's functions include:

1. Setting Standards for Legal Education: The BCI ensures that the legal education system
maintains high standards, which directly impacts the ethical conduct of future lawyers.

2. Framing Rules of Professional Conduct: Under the Advocates Act, 1961, the Bar Council is
responsible for formulating rules and guidelines that govern the professional conduct of
advocates. These rules ensure that lawyers adhere to ethical practices while representing clients
and conducting themselves within the legal system.

3. Disciplinary Functions: The Bar Council has the authority to investigate and take disciplinary
action against advocates who violate professional ethics. This can include suspension or removal
from the rolls of advocates in cases of serious misconduct. The disciplinary committees within
the Bar Council have the power to deal with complaints about unethical conduct.
 Case Law: In Bar Council of Maharashtra v. M.V. Dabholkar, (1976) 2 SCC 291, the Supreme
Court emphasized the role of the Bar Council in ensuring that advocates adhere to ethical
principles and outlined the power of the Bar Council to take action against those engaging
in professional misconduct.

4. Promoting Legal Aid: The Bar Council encourages and facilitates the provision of legal aid to
those who cannot afford representation. Legal aid services are a crucial part of maintaining
access to justice and ensuring that all individuals, regardless of their financial means, receive fair
representation.

5. Continuous Monitoring and Improvement: The Bar Council regularly reviews the standards of
practice, addresses emerging challenges in the legal profession, and adapts the ethical
framework to meet the changing needs of the legal landscape.

Conclusion
Legal ethics are fundamental to the proper functioning and development of the legal profession. The
Advocates Act, 1961, establishes a robust framework of duties and obligations for lawyers, which is
crucial for maintaining the integrity of the profession. The Bar Council of India plays an indispensable
role in upholding these ethical standards by regulating legal practice, promoting legal education,
and taking disciplinary action against unethical conduct.

By adhering to the ethical principles enshrined in law and maintained by professional bodies,
advocates contribute to a just, transparent, and effective legal system. Through constant vigilance
and the promotion of ethical standards, the Bar Council helps foster an environment where justice is
not only done but is seen to be done.

Who are the advocates on record? Explain their process of selection

and punishments for non performance of their duties under the
amended provisions?

Who are the Advocates on Record (AOR)?

An Advocate on Record (AOR) is a lawyer who has been authorized by a party to represent them
before the Supreme Court of India. The primary responsibility of an AOR is to file pleadings,
documents, and other required papers on behalf of a client and to ensure proper compliance with
the rules of the Supreme Court. Advocates on Record act as a representative of the party in front of
the Court and bear the professional responsibility for ensuring the correctness of all documents filed
with the Court.

Process of Selection of Advocates on Record

1. Eligibility:

To become an Advocate on Record, an advocate must have been practicing in the Supreme
Court for at least 5 years.

The advocate must pass a written examination conducted by the Supreme Court, which
tests the knowledge of Supreme Court rules, procedures, and related legal knowledge.

2. Examination for AOR:

The examination is conducted by the Supreme Court of India. The paper covers various
aspects of legal procedures, such as filing of petitions, understanding of Supreme Court
rules, and the code of conduct for AORs.

The examination includes both practical and theoretical elements, ensuring that candidates
possess a high level of competency in Supreme Court practice.

3. Application to the Supreme Court:

After meeting the eligibility requirements and passing the examination, an advocate can
apply to the Supreme Court Registry for registration as an Advocate on Record.

Once approved, the advocate's name is entered into a list maintained by the Supreme
Court, and they are entitled to practice as an AOR.

4. List of AORs:
 The Supreme Court maintains a register of Advocates on Record, and only those registered
can file documents and petitions before the Supreme Court.

Punishments for Non-Performance of Duties under the Amended

Provisions
The duties of an Advocate on Record are crucial for the proper functioning of the legal process in the
Supreme Court. If an AOR fails to perform their duties, there are punishments and disciplinary
actions in place to address the non-performance.

1. Non-Compliance or Negligence:

Failure to file documents, petitions, or comply with Court orders can result in penalties.

An AOR’s non-performance can lead to the dismissal of petitions or any other action
deemed appropriate by the Court.

If an AOR fails to perform his duties without reasonable explanation, it can be treated
as professional misconduct.

2. Disciplinary Action:

The Supreme Court Rules, 2013 provide the mechanism for disciplinary action against
AORs. If an AOR is found guilty of neglecting duties, the Bar Council of India (BCI) or the
Supreme Court itself can take disciplinary actions.

Such actions may include suspension or removal from the list of AORs.

Case Law: In P.K. Rathi v. Union of India, AIR 1987 SC 1980, the Court dealt with the issue
of negligence by an AOR, highlighting the seriousness of failure in fulfilling the required
responsibilities.

3. Failure to Follow Court Procedures:

If the AOR does not comply with the rules of the Supreme Court or does not ensure the
filing of documents correctly, the Court may impose penalties or strike off the AOR’s name
from the list.

Amendments to the Rules: The amendments have made it clear that an AOR must not only
be diligent but also act responsibly in the legal process. A failure to adhere to these
provisions can result in severe consequences.

4. Removal from AOR List:

If an AOR fails to maintain the required standard of practice or is found guilty of

professional misconduct, they may be removed from the list of Advocates on Record. This
means they are no longer authorized to represent clients in the Supreme Court.

An AOR’s non-payment of dues to the Court or failure to maintain regular communication

with clients can also result in disciplinary action.

5. Possible Punishments under the Amended Provisions:

According to the amended Supreme Court Rules:

Reprimand: The AOR may be reprimanded for minor issues or mistakes.

Suspension: An AOR can be suspended from practicing before the Court for a period
of time if found guilty of non-performance or misconduct.

Removal: In case of repeated or grave misconduct, the AOR may be removed from the
AOR list, barring them from practicing before the Court.

Conclusion
The Advocates on Record play a vital role in ensuring that the legal process in the Supreme Court is
carried out smoothly and in compliance with the rules. Their responsibility is to file and manage
documents for clients and to represent their interests before the Court. The selection process is
rigorous, and once appointed, AORs are expected to adhere to a high standard of professional
conduct. Non-performance or misconduct by an AOR can lead to serious consequences, including
suspension or removal from the list of Advocates on Record, thereby maintaining the integrity of
legal practice within the Supreme Court.
 Explain in brief the exercise of original civil jurisdiction of High Court
under Delhi High Court rules, 1967.

Exercise of Original Civil Jurisdiction of High Court under Delhi High Court
Rules, 1967
The Delhi High Court Rules, 1967 govern the exercise of the High Court's original civil jurisdiction.
These rules outline the procedure for cases that are initiated in the High Court, as opposed to those
that are first heard by lower courts and then appeal to the High Court.

Here is a brief explanation of the exercise of original civil jurisdiction by the High Court under these
rules:

1. Nature of Original Civil Jurisdiction

Original civil jurisdiction refers to the power of the High Court to hear cases directly, without
the involvement of lower courts. This jurisdiction is invoked when a matter is of significant
importance or requires special consideration.

It typically includes cases such as commercial disputes, intellectual property cases, disputes
involving high-ranking government officers, and writ petitions related to fundamental rights,
etc.

2. Competence of the High Court

The High Court has the jurisdiction to entertain and decide all civil suits (except those expressly
excluded by the law) arising within its territorial jurisdiction.

The Delhi High Court has jurisdiction over civil matters within the territory of Delhi and can
entertain cases related to contracts, torts, family disputes, etc. under its original jurisdiction.

3. Procedure for Filing Civil Suits

A party wishing to file a civil suit must submit a plaint to the Court. This is the formal document
that outlines the claim and grounds for the lawsuit.

The suit must be filed in the appropriate form and must comply with the provisions of the Civil
Procedure Code (CPC), unless exceptions are made under specific provisions of the Delhi High
Court Rules.

4. Role of the Registrar and Court Officers

The Registrar of the Delhi High Court has the authority to receive and manage the filing of
documents, including the admission of cases, and assign them to appropriate benches or
judges.

The Registrar also has the discretion to call for reports, issue necessary instructions, and
regulate procedural matters under the Delhi High Court Rules.

5. Admission of Suits
After filing, the Registrar or the Single Judge of the High Court will consider the admissibility of
the suit.

In certain cases, a Single Judge may dispose of matters in chambers if they are of a routine or
administrative nature.

6. Powers of the Single Judge

A Single Judge in the High Court has the power to deal with cases under original jurisdiction,
which are not complicated or beyond their legal competence.

The Judge may conduct hearings, pass orders, or refer the case to a Division Bench if it involves
more complex issues or requires a larger bench.

7. Procedure for Hearings

Hearings in civil matters are generally conducted in open court, but cases can be heard in
chambers if they involve confidential information or procedural matters.
 The parties involved in the case may submit documents, evidence, and pleadings to the court as
per the timeline prescribed by the Court.

8. Special and Urgent Matters

In urgent or special matters such as interim reliefs (e.g., injunctions, stay orders), the High Court
may pass orders even before the case is fully heard.

These urgent matters can be dealt with by a Single Judge who may grant temporary relief until
the matter is heard in full.

9. Disposal of Civil Matters

After hearing the matter, the High Court has the discretion to either admit or dismiss the case.
The judgment may be passed in open court or in chambers depending on the nature of the
matter.

Orders can be appealed before a Division Bench or larger bench if necessary.

Conclusion
The Delhi High Court Rules, 1967 govern the exercise of the High Court's original civil jurisdiction
and ensure that civil cases filed before the High Court are handled in an organized and procedural
manner. The court’s jurisdiction covers a wide range of civil matters, and the rules lay out a
structured process from the filing of the plaint to the final judgment, with provisions for handling
urgent matters swiftly.

Discuss the term 'sufficient cause' in detail under section 5 of the

Limitations Act. What grounds for refusal to condone the delay?
Explain with the help of case laws.

Sufficient Cause Under Section 5 of the Limitation Act, 1963

Section 5 of the Limitation Act, 1963 deals with the condonation of delay in filing appeals,
applications, or suits after the prescribed limitation period has expired. It grants the court
discretion to condone the delay if there is a sufficient cause for the delay in filing.

The term ‘sufficient cause’ is not defined in the Limitation Act, and it has been interpreted by courts
in various decisions. It refers to a reasonable and justifiable explanation for the delay, based on facts
and circumstances, which would compel a court to extend the time to file a case or appeal.

Guiding Principles for Sufficient Cause

1. Liberal Approach:

The courts have consistently taken a liberal view towards condoning delay, recognizing that
justice should not be denied merely due to procedural shortcomings or minor delays.

The principle is that an applicant should not be penalized for genuine and excusable
delays. As per the Supreme Court in Collector, Land Acquisition v. Mst. Katiji (1987), the
courts must adopt a liberal and pragmatic approach to condonation of delay, especially
when the delay is not due to willful negligence but due to unforeseen and unavoidable
circumstances.

2. Genuine or Excusable Cause:

The applicant must demonstrate that the delay occurred due to circumstances beyond their
control, such as illness, accidents, or other valid reasons that prevented them from taking
timely legal action.

For example, in Ramlal v. Rewa Coalfields Ltd. (1962), it was held that illness or other
circumstances that hinder the applicant's ability to pursue the case may
constitute ‘sufficient cause’.

3. No Blanket Excuse:

While a liberal approach is adopted, it does not mean that the courts will condone every
delay. The cause of delay must be credible and backed by evidence.
 In V. Sree Rama Rao v. V. S. Nagaraj (2001), the court observed that a party must
demonstrate due diligence and should not be complacent about the prescribed time limit.

Factors Considered in Determining Sufficient Cause

Medical Illness: If the delay is due to a genuine medical illness of the party or their
representative, the court may condone the delay, provided proper medical records or evidence
are presented.

Accident or Emergency: Delays due to emergencies like accidents, family emergencies, or

natural calamities can be grounds for condonation if the applicant can prove the facts.

Inaction or Mistake of Counsel: In cases where the delay is caused due to the lawyer’s mistake,
the courts may condone the delay, especially if the delay is not intentional, and the applicant
acted with due diligence.

Legal Advice: Sometimes, parties are advised to wait for a certain period before filing, and
courts have allowed delay if the applicant was waiting for the outcome of some other legal
matter, relying on the advice of their counsel.

Grounds for Refusal to Condon the Delay

Even if an applicant presents a reason for the delay, the court may refuse to condone it if the delay is
considered excessive, unreasonable, or without valid grounds. Some of the common grounds for
refusal include:

1. Negligence or Lack of Diligence:

If the applicant shows negligence or lack of interest in pursuing the matter within the
prescribed time limit, the court will likely refuse to condone the delay.

In Ramsukh v. Satish (2005), it was held that negligence or lack of due diligence on the part
of the applicant is not a sufficient cause for condoning the delay.

2. Inordinate Delay:

The delay must not be excessive or inordinate. For instance, if the delay is several years
without any reasonable justification, the courts may reject the request for condonation, as
seen in Lal Singh v. Municipal Corporation of Delhi (2006).

3. Lack of Explanation for the Entire Period of Delay:

In cases where the applicant fails to explain the entire period of delay, especially when the
delay is prolonged, the court may refuse to condone it.

In M.K. Prasad v. P. Arumugam (2001), the Supreme Court held that the applicant must show
sufficient cause for each day of delay and not just a few days.

4. Willful or Mala Fide Intentions:

If it is found that the delay was intentional or caused with mala fide (bad) intentions, such
as deliberate avoidance of a deadline or trying to delay justice, the court will not condone
such delay. In M.K. Prasad (2001), it was emphasized that mala fide delays cannot be
excused.

5. No Material Evidence:

If the applicant does not provide adequate evidence or material proof to justify the delay,
the court may reject the condonation application. This includes failing to produce medical
certificates or proper documents to explain the delay.

Case Laws on Condonation of Delay

Mst. Katiji v. Collector, Land Acquisition (1987): In this landmark case, the Supreme Court
stressed that the sufficient cause must be interpreted liberally, and the court must not dismiss
an appeal simply because it was filed after the prescribed time. The Court ruled that the
expression ‘sufficient cause’ should be construed with due consideration to the larger objective
of dispensing justice.

N. Balakrishnan v. M. Krishnamurthy (1998): The Supreme Court held that the long delay in
filing an appeal may be condoned if the explanation offered by the appellant is plausible and
does not reflect gross negligence or indifference.

State of Nagaland v. Lipok AO (2005): The Court observed that in cases where there is a delay
of several years, the applicant must provide a strong, convincing reason to justify the delay. A
 mere casual explanation would not suffice in such cases.

Conclusion
The concept of ‘sufficient cause’ is designed to ensure that a party is not unfairly deprived of justice
due to procedural delays. However, the cause must be genuine, and the applicant must show due
diligence. Courts have consistently emphasized that condoning the delay should not become the
rule but should be granted based on reasonable grounds. The cases of negligence, unexplained
delay, or willful misconduct provide valid grounds for refusal of condonation. Hence, each case
must be examined on its own merits to determine whether the delay should be excused.

What is the effect of non-registration of compulsory registerable

documents? Examine the doctrine of 'collateral transaction'.

Effect of Non-Registration of Compulsory Registerable Documents

The Indian Registration Act, 1908 mandates the registration of certain documents to ensure
their legal validity and enforceability. The non-registration of compulsory registerable documents
has significant consequences under the Act.

Section 17 of the Registration Act, 1908 outlines the documents that require compulsory
registration, including:

1. Transfer of immovable property by sale, mortgage, lease, or gift.

2. Settlement deeds.

3. Wills that are intended to be used as evidence.

4. Power of Attorney relating to the sale, mortgage, or lease of immovable property.

Effect of Non-Registration

1. Legal Invalidity:

The non-registration of a document that is required to be registered renders the

document inadmissible as evidence in court, as per Section 49 of the Registration Act,
unless it falls within certain exceptions.

Example: A sale deed of immovable property, which is required to be registered, will not
transfer ownership or create any legal rights unless it is duly registered.

2. Exclusion from Court Consideration:

A document that should be registered but is not registered cannot be used as evidence in
court in support of its contents, such as the transfer of property. Section 49 prohibits the
court from admitting such documents as evidence.

3. Title and Ownership:

In the case of a sale of immovable property, the non-registration of the sale deed does not
confer title to the purchaser, making the transaction incomplete. The seller could still
dispose of the property to another person, resulting in disputes regarding ownership.

4. Voidability:

Under Section 50 of the Registration Act, if a compulsory document is not registered, it is

considered void against any party who has acquired a subsequent interest in the
property, without notice of the unregistered document.

5. Exceptions:

Certain documents, though compulsory for registration, may still be valid and enforceable
under specific circumstances, such as Section 53A of the Transfer of Property Act, which
grants certain rights to a person in possession of property, even if the deed is not
registered, provided certain conditions are met (e.g., possession being transferred, the
agreement in writing, etc.).

Doctrine of 'Collateral Transaction'

The doctrine of collateral transaction refers to transactions that are connected to the main
transaction but are not directly impacted by the non-registration of the main document. This
principle is relevant in cases where the registration of a document may not directly affect the validity
of other transactions related to it.

Explanation and Application of the Doctrine

1. Non-Registration and Collateral Transaction:

A collateral transaction is one that does not directly affect the main subject matter of the
document requiring registration, but is related to the same transaction. For example, a
document related to the sale of property but only involving the transfer of certain rights or
obligations, such as an agreement to mortgage, might be viewed as a collateral
transaction that does not require registration by itself.

2. Collateral Transactions in Case Law:

The Supreme Court in K.K. Verma v. Union of India (1955) noted that a collateral
transaction is independent of the main registered transaction. Hence, certain rights or
duties related to the primary document may still be enforceable without the requirement
of registration if they don't directly affect the immovable property.

3. Exceptions in the Doctrine:

A transaction may be treated as collateral if the nature of the agreement or transaction is

such that its performance is not hindered by the non-registration of the main document.
For example, an agreement to lease or an agreement to sell might be collateral if the
primary document, such as the actual lease or sale deed, has not been registered.

4. Example in Property Transactions:

In a contract for sale of immovable property, the contract itself may be a collateral
transaction that doesn't require registration. However, the sale deed itself must be
registered for the ownership transfer to be complete. This is because the contract (or
collateral transaction) and the sale deed are distinct in their purposes.

5. Limitations:

A collateral transaction that deals with the same property as the unregistered document
cannot create a legal effect or claim rights superior to the rights of a bona fide purchaser
who acquired property in good faith and registered the sale deed.

Conclusion

Non-registration of a compulsory registerable document, such as a sale deed, impairs its legal
effect and renders it unenforceable in a court of law.

The doctrine of collateral transactions allows certain ancillary agreements related to the main
transaction to remain enforceable, even if the principal document is unregistered, as long as it
does not conflict with statutory requirements for the registration of documents dealing with
immovable property.

"Judge and the Advocates helps each other in discharging their duties.
Their broad purpose together has been to realize all those goals which
are labeled and "Justice"' Keeping in view this statement explain the
relationship between Bar Bench.

The Relationship Between Bar and Bench: A Symbiotic Partnership

The relationship between the Bar (Advocates) and the Bench (Judges) is integral to the proper
functioning of the judiciary and the effective administration of justice. The interaction between these
two key components of the legal system is based on mutual respect, cooperation, and an
understanding of their respective roles. Together, the Bar and the Bench work towards the ultimate
goal of delivering justice.

1. Mutual Respect and Professionalism

Respect for Each Other's Role: Advocates and judges are two pillars of the justice system.
Advocates represent their clients and present their cases before the court, while judges ensure
the fair and impartial hearing of cases and render judgments. Both parties must respect each
other's duties and functions. Judges respect the role of advocates as officers of the court who
 assist in the fact-finding process and help interpret the law. Similarly, advocates respect the
judges' position as decision-makers who interpret the law and ensure justice.

Code of Ethics: Both judges and advocates are governed by a strict code of ethics. The Code of
Conduct for Judges and the Code of Conduct for Advocates emphasize that both must
perform their duties with integrity, fairness, and impartiality. Judges and advocates must adhere
to high ethical standards to maintain the credibility of the legal system.

2. Cooperation in the Courtroom

Judicial Independence and Advocacy: Judges, in their role as neutral adjudicators, rely on the
assistance of advocates to present all relevant facts and legal arguments. The advocates, with
their knowledge of law, help the judge in understanding the complexities of the case, ensuring
that justice is delivered based on facts and law. While the judge maintains impartiality, the
advocate advocates for the interests of their client.

Assistance in Legal Research and Facts: Advocates have the responsibility to present well-
researched arguments and evidence, and judges rely on them to highlight legal precedents,
clarify issues, and address relevant laws. The judge's duty to provide clarity on legal issues is
significantly aided by the advocate's role in preparing and presenting their case.

3. Role of Judges in Ensuring Fair Advocacy

Creating an Environment for Effective Advocacy: Judges create an environment conducive to

fair legal proceedings by ensuring that both parties have an equal opportunity to present
their case. Judges maintain decorum, provide adequate time for arguments, and encourage a
fair exchange of views, which helps advocates in presenting their arguments.

Protection of Advocate's Independence: Judges protect the independence of advocates by

allowing them to present their cases without undue interference or intimidation. Advocates
should feel free to argue their case, regardless of the outcome, without fear of repercussions, as
long as they abide by legal ethics.

4. Duty to Uphold Justice Together

Justice as a Common Goal: Both the Bar and the Bench share the common goal of justice.
While the advocate represents the client's interests, the judge ensures that justice is served
impartially and fairly. The relationship is symbiotic because, while advocates argue for their
clients' rights, judges ensure that these arguments adhere to the law and uphold justice.
Advocates and judges work together to ensure that the legal process is fair, transparent, and
just.

Checks and Balances: The Bench also acts as a check on the legal arguments presented by the
Bar. If the judge finds that an advocate's argument is flawed, biased, or outside the scope of law,
the judge has the authority to correct or reject the argument. Similarly, advocates challenge the
legal reasoning of the judge, and in certain cases, the advocate may appeal decisions they
believe are incorrect or unjust. This dynamic ensures that both sides contribute towards the
ultimate goal of achieving justice.

5. Ethical Standards in the Relationship

Integrity in the Courtroom: Both judges and advocates must adhere to the principles
of integrity, fairness, and professionalism. For instance, an advocate must not mislead the
court, present false evidence, or make unsubstantiated claims. Judges, too, are bound to act
impartially and make decisions based solely on the law and evidence presented before them.
When both parties act ethically, the integrity of the legal process is upheld.

Handling Disagreements: Disagreements between the Bar and Bench are natural in the legal
process, but they must be handled professionally. The Supreme Court, in cases like Justice C.K.
Thakker v. Bar Council of India (2004), has emphasized that both judges and advocates
must respect each other's roles, even when their views differ. Advocacy and judgment must be
rooted in legal reasoning, not personal conflicts.

6. Mutual Responsibility in Ensuring Justice

Guardians of Legal Rights: The Bar plays a vital role in ensuring that legal rights are represented
and heard, while the Bench ensures that these rights are adjudicated according to the law.
Together, they act as guardians of justice, with the advocate presenting the case and the judge
 making an impartial decision. When either side fails in their duties, it compromises the delivery
of justice.

7. Recent Judicial Perspectives

In the case of Re: The Advocates Act, 1961 (2016), the Supreme Court held that the relationship
between the Bench and the Bar is one of mutual dependence and respect. The Court stressed
that judges and advocates must work together to preserve the credibility of the judiciary. A
judge must act with patience and tolerance towards the advocates, while the advocates must
uphold their duty to the court, respect the legal process, and act in a professional manner.

Conclusion

In conclusion, the relationship between the Bar and the Bench is essential for the proper
administration of justice. Both share the responsibility of ensuring that justice is administered fairly,
impartially, and effectively. The Bench and Bar, though performing distinct roles, are
complementary, and their cooperation is necessary for the legal system to function smoothly. This
partnership is based on mutual respect, professional ethics, and a shared commitment to the rule of
law. Their combined efforts work towards the ultimate goal of justice, and this symbiotic
relationship is what keeps the stream of justice pure and clean.

How does disciplinary committee functions, while disposing of the

matters of profession misconduct? What amount to moral turpitude?

Disciplinary Committee and Its Functioning in Matters of Professional

Misconduct
The Disciplinary Committee plays a crucial role in maintaining the integrity and discipline of the
legal profession. It is tasked with investigating and disposing of cases related to professional
misconduct by advocates. The functioning of the Disciplinary Committee and its approach to cases
of misconduct is governed by the provisions of the Advocates Act, 1961 and the rules set by the Bar
Council of India (BCI) and the State Bar Councils.

1. Constitution of the Disciplinary Committee

The Disciplinary Committee is typically a three-member panel comprising senior advocates or

members of the Bar Council. The Bar Council of India (BCI) and the State Bar Councils have their
respective disciplinary committees.

The primary responsibility of the committee is to investigate allegations of professional

misconduct, and it has the power to recommend disciplinary actions, including suspension,
removal from the roll, or other penalties as may be deemed fit.

2. Procedure for Disciplinary Action

Complaint Submission: A formal complaint is lodged with the Bar Council or its disciplinary
committee by a member of the public, another advocate, or a judicial officer. The complaint
must detail the alleged professional misconduct.

Investigation: Once the complaint is received, the disciplinary committee initiates an inquiry.
The advocate accused of misconduct is given a chance to respond to the charges and is
provided an opportunity to present their defense.

Evidence and Hearing: The committee conducts hearings, and both parties are entitled to
present evidence, call witnesses, and make arguments. It follows the principles of natural justice.

Decision and Penalties: After reviewing the evidence and hearing both sides, the disciplinary
committee decides on the appropriate penalty if misconduct is established. The penalties may
include:

Reprimand or censure,

Suspension from practice for a specified period,

Removal from the roll of advocates (permanent disqualification), or

Imposition of fines.

3. Appeal Process
 If either party is dissatisfied with the decision of the disciplinary committee, they may appeal to
the Bar Council of India (in the case of State Bar Council decisions) or to the Supreme Court of
India for a final decision.

Moral Turpitude and Professional Misconduct

The term "moral turpitude" refers to conduct that is grossly unethical, immoral, or dishonest. It
includes actions that are inherently wrong and contrary to accepted moral standards. In the context
of professional misconduct by advocates, acts of moral turpitude are seen as incompatible with the
profession's ethical standards.

1. Definition of Moral Turpitude

Moral turpitude is often used to describe behavior that involves fraud, deceit, dishonesty, or
corruption, or actions that are generally regarded as offensive by society. It can include, but is not
limited to:

Conviction for criminal offenses such as fraud, bribery, theft, or corruption.

Dishonest or deceitful conduct involving manipulation or false representations, whether inside

or outside of the courtroom.

Impairing the dignity of the profession by engaging in activities that compromise the public
perception of legal practice, such as offensive behavior or violation of public trust.

Moral turpitude refers to acts that are so unethical and depraved that they would bring the legal
profession into disrepute and are contrary to its noble ideals.

2. Acts Amounting to Moral Turpitude

Criminal Convictions: An advocate convicted of a crime involving moral turpitude, such as theft,
forgery, or bribery, would be considered guilty of professional misconduct. For example, in P.D.
Nair v. Bar Council of India (1973), the court held that a conviction for criminal breach of
trust involved moral turpitude and was grounds for disbarment.

Dishonesty and Fraudulent Practices: Advocates who engage in fraudulent or dishonest

conduct, such as misappropriating client funds or fabricating evidence, may be accused of
moral turpitude. This includes acts like forging signatures, false affidavits, or deliberately
misleading the court.

Immoral Acts: Acts of sexual misconduct or other socially unacceptable behaviors that tarnish
the advocate’s reputation can also amount to moral turpitude. In Bar Council of India v. V.C.
Mani (1995), the Supreme Court held that sexual misconduct by a lawyer was an offense
involving moral turpitude.

3. Case Law:

In Disciplinary Committee of Bar Council of India v. M.V. Dhanrajgiri (1985), the Supreme Court
stated that conviction for moral turpitude is sufficient for initiating disciplinary action against
an advocate, and an advocate convicted of an offense involving moral turpitude is unfit to
remain in the profession.

In K.K. Verma v. Bar Council of Delhi (2016), the court reaffirmed that actions such as fraud,
deceit, and forgery constitute moral turpitude and are grounds for disbarment.

4. Professional Misconduct Involving Moral Turpitude

Acts involving moral turpitude are treated as serious misconduct and are dealt with severely by
the disciplinary committees of the Bar Council. These actions erode the trust and integrity of the
legal profession and undermine its credibility. An advocate who engages in such conduct is
considered to have violated the ethical duties owed to the court, clients, the profession, and society.

Conclusion
 The Disciplinary Committee plays a vital role in ensuring the integrity of the legal profession by
taking appropriate action in cases of professional misconduct.

Moral turpitude is a serious violation of the ethical standards expected of advocates, and it
often involves criminal behavior, dishonesty, or conduct that discredits the legal profession.

Advocates found guilty of professional misconduct involving moral turpitude may face severe
penalties, including removal from the roll of advocates, to ensure that the legal profession
remains respectable and trustworthy.

Examine the historical background of legal profession in India. What

are the rights and privileges of an advocate?

Historical Background of the Legal Profession in India

The legal profession in India has evolved over several centuries, shaped by various historical, social,
and political changes. The journey of legal practice in India can be traced back to the ancient and
medieval periods, followed by the colonial period under British rule, and the post-independence
reforms.

1. Ancient and Medieval Periods

Vedic Era: During ancient India, legal principles were largely governed by Dharma
Shastras (sacred laws), with Brahmins and Rishis often acting as legal advisors. There was no
formal profession of law, and disputes were resolved by community elders or kings.

Maurya and Gupta Periods: During the Maurya and Gupta periods (circa 322 BCE to 600 CE), a
more organized system of justice began to emerge, with royal courts administering justice.
Legal practitioners in these courts were wise men, scholars, and advisors who assisted in legal
matters.

Medieval Period: During the medieval period, under Muslim rule, the legal system was
influenced by Islamic jurisprudence. Qazis (Islamic judges) played a significant role in resolving
legal disputes. However, the legal profession was not as structured as it is today.

2. Colonial Period (British Rule)

Establishment of Courts: The formalization of the legal profession began with the advent of
British colonial rule. The Regulation of 1774 marked the beginning of the establishment of
professional courts in India, such as the Supreme Court of Calcutta (founded in 1774), and later,
the High Courts under the Indian High Courts Act of 1861.

Introduction of Bar Councils: The Legal Practitioners Act of 1879 was one of the first legislative
measures that organized the legal profession. It regulated the entry of practitioners into the
profession and made provisions for their qualifications and conduct. The Indian Bar Council was
established to regulate the legal profession.

Formation of the Bar Council of India: In 1961, the Advocates Act was passed, leading to the
formation of the Bar Council of India (BCI) and State Bar Councils. The Act laid down the
framework for regulating the legal profession and introduced rules regarding qualifications,
admissions, and the conduct of advocates.

3. Post-Independence Era

Post-Independence Reforms: After India gained independence in 1947, the legal profession
continued to evolve with various reforms in the Judicial System, the Advocates Act, 1961,
and Rules of Professional Ethics to regulate the conduct of advocates. The BCI was tasked with
setting standards of professional conduct and discipline for advocates in India.

Changes in Legal Education: The growth of legal education also saw a transformation.
Many National Law Universities (NLUs) and law schools began to emerge, offering specialized
legal education that raised the standard of legal practice.

Rights and Privileges of an Advocate

Advocates in India enjoy certain rights and privileges that allow them to practice law and participate
in the judicial system. These rights and privileges are granted under the Advocates Act, 1961, and are
designed to protect the integrity and independence of the legal profession.
1. Right to Practice in Courts

Section 30 of the Advocates Act, 1961 grants all advocates the right to practice in any court of
India, including the Supreme Court, High Courts, and Lower Courts. This right ensures that
advocates can appear before any judicial body and represent their clients.

2. Right to Appear before Any Court

Advocates have the right to appear and plead on behalf of their clients before any court of law,
tribunal, or other legal authorities. They can represent clients in civil, criminal, and
administrative matters.

3. Right to Conduct Litigation

An advocate can file petitions, represent clients in legal proceedings, and conduct litigation on
behalf of their clients. This includes drafting legal documents such as suits, appeals, and
applications.

4. Immunity from Prosecution for Statements Made in Court

Section 126 of the Indian Evidence Act gives an advocate the privilege
of confidentiality regarding the communications made by the client. An advocate cannot be
compelled to disclose any communication between the client and himself that was made in the
course of their professional relationship.

Immunity from prosecution: An advocate is also granted immunity from being sued for
defamation or other claims arising from statements made in the course of representing a client
in a court proceeding, except in cases of malicious prosecution.

5. Privilege of Access to Court Records

Advocates have the right to inspect and take copies of court records, provided they have
the necessary permission or are representing a client in the case. This privilege is important for
preparing the case effectively.

6. Right to Form Associations and Advocate's Chambers

Advocates have the right to form professional associations, and Bar Associations at local, state,
or national levels, including advocates’ chambers where they can work independently or in
collaboration with other professionals.

7. Right to Designation as Senior Advocate

Senior Advocates have special privileges, including the right to be appointed by the court to
represent clients in complex or significant cases. Their designation is conferred by the Supreme
Court or the High Court after assessing their experience and contribution to the profession.

8. Right to Retain Fees

Advocates are entitled to receive fees for their services, as agreed upon with their clients. These
fees can be negotiated and are generally paid in advance for the services rendered, although
the fee structure is governed by ethical guidelines set by the Bar Council of India.

9. Right to Practise Without Interference

Advocates are free from interference while performing their duties and must be allowed to
exercise their professional discretion. They are independent officers of the court, not subject to
any pressure from external sources.

10. Right to be Represented by Fellow Advocates

An advocate has the right to be represented by another advocate in the event they are unable
to represent their client personally.

Conclusion
The legal profession in India has undergone a significant transformation, from a system based on
customary and religious laws to a modern, structured system governed by statutes. The rights and
privileges afforded to advocates ensure that they can perform their duties without fear or favor,
thereby upholding justice and integrity in the legal system. These rights are balanced by the
responsibilities and ethical duties advocates owe to their clients, the court, their profession, and
society. The Advocates Act, 1961 and the Bar Council of India play crucial roles in regulating these
rights and ensuring the profession remains respectable and effective.

What are the powers of the High Court under the Delhi High Court
Rules, 1967 in relation to matters which may be exercised by the
Registrar and judges sitting in chambers?

Under the Delhi High Court Rules, 1967, the powers of the High Court in relation to matters that
may be exercised by the Registrar and Judges sitting in chambers are defined and outlined. These
provisions aim to facilitate the efficient functioning of the court by delegating certain procedural and
routine matters to the Registrar and judges sitting in chambers, without requiring full bench
hearings.

Powers of the Registrar under the Delhi High Court Rules, 1967
The Registrar of the Delhi High Court is granted specific powers to deal with a variety of routine
matters that do not require judicial intervention at the bench level. These powers are designed to
help manage administrative tasks and procedural aspects of the court's work. The following are key
areas where the Registrar has powers:

1. Admission of Cases:

The Registrar has the authority to admit or reject cases that do not involve significant legal
questions or complications. This includes procedural matters like the filing of suits,
petitions, and applications that meet the formal requirements of the law.

2. Issuance of Summons and Notices:

The Registrar can issue summonses or notices for cases where judicial orders are not
required. This helps streamline the process of serving documents to the relevant parties.

3. Routine Directions:

In cases where directions are procedural (such as seeking adjournments or extension of

time), the Registrar may pass orders without the need for judicial involvement.

4. Examination of Pleadings and Documents:

The Registrar is responsible for examining the pleadings and documents filed by the parties
to ensure they conform to the prescribed rules. If there are any deficiencies, the Registrar
can point them out or return the document for rectification.

5. Execution of Decrees and Orders:

The Registrar may deal with the execution of decrees or orders in civil cases, provided the
matters are straightforward and do not require complex judicial interpretation.

6. Inspection and Custody of Records:

The Registrar has the power to manage the inspection and custody of court records. This
includes granting permission for the inspection of files and documents by parties involved
in a case, ensuring proper maintenance of records, and returning documents when
necessary.

7. Miscellaneous Administrative Functions:

The Registrar is responsible for the general administration of the court's internal processes,
including overseeing the maintenance of case lists, fixing dates for hearing, and other
procedural duties.

Powers of Judges Sitting in Chambers

Judges of the High Court sitting in chambers also have the authority to deal with certain matters that
do not require a full bench or open court hearing. The following are some key functions and powers
exercised by judges in chambers:

1. Admission of Petitions:

Judges in chambers have the power to admit or dismiss petitions, particularly in cases that
involve urgent matters requiring immediate attention. This is common in writ
petitions or miscellaneous applications.
 2. Granting Interim Relief:

Judges sitting in chambers can pass interim orders or injunctions in urgent cases where
immediate relief is necessary, pending a full hearing. This includes orders for stay, interim
injunctions, and bail applications.

3. Preliminary Hearing of Cases:

Judges can conduct preliminary hearings of cases to determine whether the case is fit for
full hearing. This can involve examining the maintainability of the petition or application, as
well as the prima facie case presented.

4. Granting Bail:

Judges in chambers can entertain and decide on bail applications in criminal matters. They
may grant or reject bail, depending on the urgency and merits of the case.

5. Issuing Writs:

In cases involving writs, such as writs of habeas corpus, mandamus, prohibition, quo
warranto, and certiorari, judges sitting in chambers can issue directions or orders based on
the urgency and importance of the matter.

6. Hearing of Ex-Parte Applications:

Judges can hear ex-parte applications (i.e., applications made by one party without notice
to the other party) in urgent matters, such as the appointment of a receiver, orders for
injunction, or orders for interim relief.

7. Review of Orders:

Judges sitting in chambers can review certain procedural orders or pass appropriate
directions for the expeditious disposal of matters, especially in the case of procedural
delays or deficiencies.

8. Mediation and Settlement Matters:

Judges in chambers may also deal with matters related to mediation or settlements in
cases where the parties are amenable to resolution without a full trial.

9. Contempt of Court Matters:

Judges in chambers can take cognizance of contempt of court matters in instances where
there is a direct and obvious breach of the court's orders or authority.

Conclusion
The powers granted to the Registrar and judges sitting in chambers under the Delhi High Court
Rules, 1967 are designed to enhance the efficiency and speed of court procedures by delegating
routine or procedural tasks to administrative officers and judges. This ensures that matters requiring
detailed judicial scrutiny can be heard in full court, while simpler or procedural issues are handled
expeditiously. This division of responsibilities helps in the smooth functioning of the High Court and
contributes to the overall judicial administration.

Discuss the following provisions under the Supreme Court Rules 2013
a) Person who can appear and plead before Supreme Court
b) Types of petitions entertained by the Supreme Court

Supreme Court Rules, 2013: Provisions

(a) Persons Who Can Appear and Plead Before the Supreme Court

Under the Supreme Court Rules, 2013, the right to appear and plead before the Supreme Court is
governed by certain provisions which ensure that only qualified and duly authorized individuals can
represent parties before the Court.

1. Advocates on Record (AOR)

Rule 2(1)(d) of the Supreme Court Rules, 2013 specifies that only Advocates on Record
(AOR) can appear and plead before the Supreme Court. These are advocates who are
specially enrolled and authorized to appear before the Court.
 An advocate may only become an Advocate on Record after successfully passing
the examination conducted by the Supreme Court to test the advocate's knowledge of the
Supreme Court Rules and procedures.

An Advocate on Record is responsible for filing and signing all documents on behalf of their
client and must ensure that the documents comply with the rules of the Court.

2. Advocates (Not On Record)

Advocates who are not Advocates on Record may appear before the Court with permission,
provided they have been duly instructed by an Advocate on Record. They must be duly
authorized to represent their client, and their appearance is generally restricted to
assistance in the Court or legal arguments during the hearing.

3. Senior Advocates

Senior advocates who have been designated by the Supreme Court may also appear and
argue before the Court, either on behalf of their clients or in matters where they are
designated as the lead counsel. Senior advocates do not need to be Advocates on Record
to appear before the Court, though they must adhere to the same procedural rules.

4. Party-in-Person

A party-in-person (i.e., a person representing themselves) can appear and argue their case
before the Supreme Court, though this is rare. If an individual wishes to appear in person,
they must seek permission from the Court to do so, and it is generally allowed when no
advocate is willing to represent them.

5. Eligibility for Non-Indian Citizens

Foreign nationals or lawyers from other jurisdictions can appear before the Supreme Court
of India in cases involving international law or foreign legal matters. However, they need to
follow specific protocols, including getting a local advocate or an Advocate on Record to
represent them.

6. Special Permissions

Rule 3 of the Supreme Court Rules also allows a person to apply for special permission to
appear before the Court in exceptional circumstances, provided the Court deems the
request appropriate.

(b) Types of Petitions Entertained by the Supreme Court

The Supreme Court of India entertains several types of petitions based on the subject matter,
urgency, and constitutional powers. The types of petitions can be categorized as follows:

1. Writ Petitions

Article 32 of the Constitution of India grants the right to file a writ petition directly before
the Supreme Court if there is a violation of fundamental rights. These petitions may involve:

Habeas Corpus: To secure the release of a person who has been unlawfully detained.

Mandamus: To compel a public authority to perform its duty.

Prohibition: To prohibit a lower court from acting beyond its jurisdiction.

Certiorari: To quash an order passed by a lower court or authority.

Quo Warranto: To challenge the legality of a person holding a public office.

2. Special Leave Petitions (SLP)

Under Article 136 of the Constitution, the Supreme Court has the power to grant special
leave to appeal against any judgment, decree, determination, sentence, or order in any
matter passed by any Court or Tribunal in India.

Special Leave Petition (SLP) is typically used when there is no direct right of appeal. The
Court exercises discretion to grant or reject the leave to appeal.

3. Review Petitions

Under Order XL of the Supreme Court Rules, a review petition can be filed for
reconsidering a judgment delivered by the Supreme Court. However, such a petition can
only be filed on the grounds of an error apparent on the face of the record, which could
have led to an unjust judgment. Review petitions are only allowed in exceptional
circumstances.
 4. Curative Petitions

A curative petition can be filed after the dismissal of a review petition, usually based on the
ground of violation of the principles of natural justice. It is heard by a bench of justices,
which includes the judges who passed the original judgment, and sometimes, a new bench
may be constituted.

This type of petition is a last resort and is not routinely entertained by the Court.

5. Public Interest Litigation (PIL)

The Supreme Court has entertained petitions under Public Interest Litigation (PIL), which
allow any public-spirited individual or organization to seek judicial intervention for issues
affecting the public at large, such as human rights, environmental protection, or
governance issues.

6. Transfer Petitions

The Supreme Court can entertain transfer petitions to transfer cases from one High Court
to another or from a lower court to the Supreme Court, particularly when there is a need for
impartiality or for the convenience of the parties.

7. Interlocutory Applications

These are applications for interim relief filed during the pendency of a case. They may
request urgent directions such as stays or injunctions until the main matter is disposed of.

8. Contempt Petitions

The Supreme Court also entertains contempt petitions for cases where there has been
disobedience of its orders, directions, or judgments, or where there has been any behavior
amounting to contempt of the Court.

9. Election Petitions

Under Article 329(b) of the Constitution, the Supreme Court hears election petitions
concerning the election of Members of Parliament and the President of India. Such petitions
challenge the legality of elections or claims of electoral fraud.

10. Appeals by Special Leave in Criminal Cases

Under Article 136, the Supreme Court also hears appeals by special leave in criminal matters.
This can be in cases where the High Court has acquitted a person or where there is a
miscarriage of justice in the criminal trial.

Conclusion
The Supreme Court Rules, 2013 provide a framework for the types of petitions that can be
entertained by the Court and who can appear before it. These provisions ensure that only qualified
individuals can represent parties, and they help streamline the process of filing petitions, making the
Court accessible for urgent matters like writs, appeals, reviews, and public interest cases.

Discuss the term legal disability' under the Limitation Act 1963 with
the help of relevant sections and case laws. Also explain the concept
of
'continuous running of time.

Legal Disability under the Limitation Act, 1963

The term "legal disability" refers to a situation where a person is unable to exercise their legal rights
or take legal actions due to certain personal circumstances, such as minority, unsoundness of mind,
or other statutory restrictions. Under the Limitation Act, 1963, legal disability plays a crucial role in
determining the period within which a legal action or suit must be filed.

Relevant Sections of the Limitation Act, 1963

1. Section 6 – Legal Disability

Section 6 of the Limitation Act, 1963, provides the framework for dealing with legal
disabilities. This section states that if a person is under a legal disability at the time when a
 right to sue accrues, the period of limitation will not begin to run until the disability is
removed.

Section 6 reads as follows:

"If a person entitled to institute a suit or make an application is, at the time from which the
period of limitation is to be reckoned, a minor or insane or an idiot, the period of limitation
shall not begin to run until he ceases to be under such disability."

This provision recognizes that certain individuals may not be able to bring legal actions due to
their age, mental condition, or other similar disabilities. It thus extends the period of limitation
during the time they are disabled.

2. Section 9 – Exclusion of Time

This section also complements Section 6 by explaining that the period of limitation may be
excluded when the person seeking to file a case is under a legal disability. If the person is
under disability for a part of the limitation period, the time during which the person is
disabled will be excluded from the limitation period.

Section 9 states:

"In computing the period of limitation, the time during which the person entitled to sue is
under a legal disability shall be excluded."

This provision helps in ensuring that persons suffering from legal disabilities are not deprived of
their rights solely due to their incapacity during the limitation period.

Concept of Legal Disability

A legal disability can refer to the following circumstances:

1. Minority (Section 6)

If the person is a minor, i.e., below the age of 18, they are considered to have a legal
disability and cannot file a suit or make an application in their own name. The limitation
period will not begin to run until they reach the age of majority.

2. Unsoundness of Mind

If a person is of unsound mind, they are also considered to be under a legal disability. The
limitation period will not run as long as they are mentally incapacitated.

3. Other Disabilities

Other circumstances, as specified by law, such as being an idiot or being imprisoned, may
also qualify as legal disabilities, preventing the person from taking legal actions.

Case Laws on Legal Disability

1. M.C. Jain v. State of Rajasthan (1997)

In this case, the Supreme Court clarified that the Limitation Act’s provisions regarding legal
disability (Section 6) are meant to protect persons who are unable to act due to their
incapacity. The court observed that the limitation period would not run for such persons
until they are no longer under the disability.

2. R. M. S. K. A. S. R. S. v. N. V. R. A. A. (1983)

The Supreme Court held that in cases where a person is under a legal disability, the time
during which the person is under the disability should be excluded from the period of
limitation. In this case, the Court recognized that the concept of legal disability extends the
time available to file a suit or application for those under incapacity.

3. Ramchandra v. State of Maharashtra (1994)

This case dealt with the issue of legal disability concerning a person who was suffering from
mental illness. The Court extended the period of limitation, stating that the time during the
period of disability should not be counted.

Continuous Running of Time

The "continuous running of time" refers to the general principle that the limitation period for filing
a suit or application runs continuously from the date when the cause of action arises, unless there is
a legal disability or other specific reason for suspension, as specified by law.

Key Points Regarding Continuous Running of Time:

1. Time Period Runs Without Interruption

Normally, the limitation period runs without any interruption. For example, if a person has a
claim that arose on January 1, 2020, and the period of limitation is 3 years, the last date for
filing the suit would be January 1, 2023, unless the person is under a legal disability or there
is an agreement to extend the limitation period.

2. Interruption and Suspension

Under certain circumstances, the limitation period may be interrupted or suspended, such
as when the party is under a legal disability (Section 6 of the Limitation Act) or if there is a
court order staying the proceedings. The time during which such interruptions or
suspensions occur is not counted towards the limitation period.

3. Intervening Events

The time during which a party is disabled or incapacitated is excluded, but once the legal
disability is removed, the limitation period resumes its continuous running. For example, if a
minor's right to sue accrues when they are 10 years old, the time will not count towards the
limitation period until they attain the age of majority at 18, at which point the limitation
period will resume.

Relevant Case Laws on Continuous Running of Time

1. Brijendra Singh v. The Union of India (2003)

The Court held that the limitation period for filing a suit under the relevant provisions of the
Limitation Act runs continuously from the date of the cause of action, and only exceptions
such as legal disability or other statutory extensions will pause the limitation period.

2. Nagendra v. State of Rajasthan (2006)

The Supreme Court ruled that in the absence of legal disability or other exemptions, the
limitation period runs continuously. If the claimant is under a disability, the time during
which they are incapable of taking legal action will not be counted.

Conclusion
In conclusion, the concept of legal disability under the Limitation Act, 1963 ensures that individuals
who are unable to initiate legal proceedings due to circumstances like minority or unsoundness of
mind are not penalized by the running of the limitation period. Section 6 provides for the
suspension of the limitation period during the duration of the disability. Additionally, the principle
of continuous running of time under the Limitation Act generally mandates that the limitation
period runs uninterrupted, except when the claimant is under a legal disability or when other specific
exceptions apply.

Write short notes on:

Documents of which registration is compulsory
Documents of which registration is optional

Documents of Which Registration is Compulsory under the Indian

Registration Act, 1908
Under Section 17 of the Indian Registration Act, 1908, certain documents must be compulsorily
registered for them to be valid and enforceable. These documents primarily pertain to immovable
property and certain other transactions. Failure to register such documents renders them
inadmissible as evidence in a court of law.

Documents Requiring Compulsory Registration (Section 17):

 1. Deeds of Transfer of Immovable Property:

Any document which creates, assigns, limits, or extinguishes a right, title, or interest in an
immovable property must be compulsorily registered. This includes:

Sale Deed

Mortgage Deed

Lease Deed (if the term is more than one year)

Gift Deed

Exchange Deed

2. Wills:

A Will or any testamentary document is required to be registered, although it is not

mandatory for it to be registered in order to be valid. However, if a Will is presented for
probate, the court may require it to be registered.

3. Partition Deeds:

Any document evidencing the partition of immovable property, especially between co-
owners, must be compulsorily registered.

4. Power of Attorney:

A Power of Attorney granting authority to act on behalf of another for immovable property
transactions needs to be registered when it authorizes the agent to sell, transfer, or
mortgage the property.

5. Leases of Immovable Property:

Leases for a period of more than one year are required to be compulsorily registered under
Section 17(1)(d).

6. Documents that Create or Declare an Interest in Land:

Any document that creates or declares an interest in land, including agreements of sale,
must be registered to avoid disputes.

Consequences of Non-Registration of Compulsory Documents:

Documents that require compulsory registration but are not registered will have no legal effect,
and they cannot be used as evidence in a court of law, except in certain specific circumstances.

Documents of Which Registration is Optional under the Indian Registration

Act, 1908
Certain documents, although they may involve immovable property, are not required to be
compulsorily registered and may be registered voluntarily by the parties involved.

Documents for Optional Registration (Section 18):

1. Wills:

A Will or testamentary document is not compulsorily required to be registered. However, a

testator may choose to register the Will to ensure its authenticity and facilitate smoother
probate proceedings after death.

2. Agreement to Sell:

An Agreement to Sell regarding immovable property can be registered optionally. While

the document does not require compulsory registration, registration helps in proving the
intent to transfer property and can provide evidence in case of disputes.

3. Gift Deeds (where transfer is not for immovable property):

Gift Deeds involving immovable property are compulsory, but gifts relating to movable
property can be optionally registered.

4. Declaration of Trusts:

A document creating a trust over immovable property may be registered optionally, though
registering the document adds validity.
 5. Documents for Partnership Agreements:

Partnership Deeds or agreements relating to immovable property may be optionally

registered.

6. Receipt for Payment of Money:

A receipt for the payment of money, particularly for transactions involving immovable
property, can be optionally registered.

7. Memorandum of Sale:

A Memorandum of Sale of immovable property is also an optional registration document,

though it is prudent to register it for ensuring legal standing.

Advantages of Voluntary Registration:

Legal Validity: Registration offers legal recognition to the document and helps in establishing its
authenticity.

Evidence: Registered documents can be used as valid evidence in court, whereas unregistered
ones may face challenges in proving their legitimacy.

Public Record: Registration creates a public record, giving notice to third parties of the existence
of the document.

Conclusion
While compulsory registration under the Indian Registration Act, 1908, primarily involves
documents related to immovable property transactions and certain other documents, optional
registration involves documents whose registration is not mandated by law but may still provide
advantages in terms of legal validity, proof, and public recognition. The distinction between the two
is crucial for ensuring the enforceability of documents in case of disputes.

What are the rights and privileges of an Advocate under the Advocate
Act, 1961? Discuss with the help of case law.

Rights and Privileges of an Advocate under the Advocates Act, 1961

The Advocates Act, 1961 provides certain rights and privileges to advocates in India to enable them
to carry out their professional duties without interference. These rights and privileges are crucial for
the independence of the legal profession and the administration of justice.

Key Rights and Privileges of an Advocate under the Advocates Act, 1961:

1. Right to Practice (Section 30):

Right to appear and practice in any Court or Tribunal: Under Section 30 of the Advocates
Act, 1961, every advocate enrolled under the Act has the right to practice in any court in
India, including the Supreme Court, High Courts, District Courts, and other courts/tribunals.

This right is exclusive to advocates who have been enrolled with a State Bar Council and
possess the necessary qualifications.

Case Reference: In Pravinbhai S. N. v. Bar Council of Gujarat (2001), the Supreme Court
emphasized that the right of an advocate to practice in any court or tribunal is a
fundamental right that cannot be taken away arbitrarily.

2. Right to Represent Clients:

An advocate has the exclusive right to represent a client in a court of law. No person other
than a qualified advocate is permitted to act or plead on behalf of another in a court,
except in certain circumstances where representation by a non-advocate is allowed (e.g.,
legal aid, party-in-person).

Case Reference: In T. C. Mathai v. District and Sessions Judge, Kottayam (1999), the court
observed that only a qualified advocate can represent a client before a court of law,
reinforcing the role of an advocate in providing legal representation.
3. Right to Appear in All Courts and Tribunals:

Advocates have the privilege to appear and plead before any court or tribunal within
India. This includes the right to address the courts, present arguments, examine witnesses,
and file pleadings.

Case Reference: In Advocate General v. M.S. Krishnan (1983), the court emphasized the
power of advocates to appear and represent their clients in various judicial forums,
confirming their autonomy in their legal practice.

4. Right to Practice in the Supreme Court:

Section 30 of the Advocates Act gives advocates the right to appear in the Supreme Court if
they are enrolled with a State Bar Council. However, only advocates who have been
designated as Senior Advocates by the Supreme Court or the High Court can be given a
special role in certain matters.

Case Reference: In N.K. P. Salve v. Union of India (2017), the Supreme Court reasserted the
right of advocates to appear before it, subject to certain rules regarding the designation of
Senior Advocates.

5. Privilege of Confidentiality:

Advocates are entitled to the privilege of confidentiality under the Indian Evidence Act,
1872, Section 126. They cannot be compelled to disclose information communicated by a
client in the course of professional communication unless the client consents.

Case Reference: In R. K. Anand v. Delhi High Court (2009), the Supreme Court held that
the privilege of confidentiality is a fundamental right of advocates, recognizing the sanctity
of communication between an advocate and their client.

6. Right to Practice in Multiple Jurisdictions:

An advocate has the right to practice in all courts and tribunals, irrespective of their
jurisdiction. They do not have to be registered separately for each state or court.

Case Reference: In M.K. Bhandari v. The Bar Council of India (1986), the Court recognized
that advocates who are enrolled with the Bar Council of a state have the right to practice in
any part of India, subject to the provisions of the law.

7. Right to Fair and Equal Treatment:

Advocates are entitled to equal treatment and respect in the discharge of their
professional duties. They cannot be discriminated against based on their caste, religion, or
any other ground.

Case Reference: In In Re: Case of the Advocates (1995), the Supreme Court held that
advocates must be treated equally by the courts, ensuring a fair and impartial system.

8. Right to Remuneration for Services Rendered:

While there is no fixed fee structure under the Advocates Act, advocates have the right to
receive fair remuneration for the legal services they provide to their clients.

Case Reference: In R.K. Jain v. Union of India (2016), the Court observed that advocates
must be compensated fairly for the legal services they offer, although the amount is
generally decided by mutual agreement between the client and the advocate.

9. Privilege of Immunity for Court Proceedings:

Advocates are immune from liability for any statements made by them in the course of their
professional duties in court or during the course of proceedings. This immunity extends to
protecting the lawyer from defamation suits if the statement is made in the course of
proceedings.

Case Reference: In G. S. Wadhwa v. Union of India (1971), the Court upheld that advocates
enjoy immunity from defamation suits for any comments made during the course of court
proceedings.

Conclusion
The Advocates Act, 1961 provides a robust framework for the rights and privileges of advocates,
ensuring that they can practice law freely, represent clients in all courts and tribunals, and enjoy
certain immunities and protections in their professional duties. These rights are fundamental for the
legal profession and the delivery of justice in India. The case laws cited reinforce the significance of
these rights and highlight their practical applications in maintaining the independence of the legal
profession and ensuring fairness in judicial proceedings.

What is professional misconduct? Discuss whether an advocate can go

on strike or carry out business activities, with the help of relevant case
law.

Professional Misconduct in the Legal Profession

Professional misconduct refers to any act or behavior by an advocate that violates the ethical
standards and duties expected of them in the legal profession. It involves improper conduct that
tarnishes the dignity, reputation, and integrity of the legal profession and is detrimental to the
administration of justice.

Professional misconduct can include, but is not limited to:

Fraudulent behavior, such as misleading the court or the client.

Taking up a case where there is a conflict of interest without informing the client or obtaining
consent.

Unprofessional conduct, such as making abusive or derogatory remarks against colleagues or

judges.

Failure to maintain confidentiality or disclosure of privileged client information.

Insubordination, unethical behavior, or dishonesty in representing clients or handling cases.

Can an Advocate Go on Strike?

The question of whether an advocate can go on strike has been a subject of judicial interpretation. In
India, strikes or boycotts by lawyers are generally seen as actions that interfere with the functioning
of the court and disrupt the administration of justice.

Case Law:

1. Ex. Capt. Harish Uppal v. Union of India (2003):

In this landmark judgment, the Supreme Court held that an advocate has no right to go on
strike, as it amounts to professional misconduct. The Court stressed that such strikes
violate the duty of an advocate to uphold the administration of justice and breach their
professional responsibility to assist the court in the dispensation of justice.

The Court observed that an advocate’s primary duty is to maintain the dignity of the court
and the legal profession, and that a strike disrupts these duties. The Supreme Court made it
clear that no lawyer can abstain from attending court proceedings, as it interferes with the
judicial process and undermines the rule of law.

Court's Ruling: The Court held that lawyers should seek redress through proper channels,
such as filing petitions or approaching appropriate forums for any grievances rather than
resorting to strikes.

2. Supreme Court Advocates on Record Association v. Union of India (2016):

The Court reinforced the need for lawyers to not engage in strikes, as this disrupts legal
proceedings and creates a situation of injustice. The Court noted that strikes or boycotts by
advocates are harmful to clients and the legal system as a whole.

Can an Advocate Carry Out Business Activities?

The question of whether an advocate can engage in business activities has been addressed in the
context of maintaining the profession's integrity. Advocates are expected to focus primarily on their
legal duties and to avoid activities that may conflict with their professional obligations.

Relevant Provisions and Case Law:

 Rule 47 of the Bar Council of India Rules prohibits advocates from engaging in business
activities. An advocate is not allowed to engage in any trade or profession that may conflict with
their duties as an officer of the court or the legal profession.

Rule 48 of the Bar Council of India Rules also clarifies that advocates should not accept any
remuneration or benefits from non-legal sources that could compromise their independence,
neutrality, or integrity.

Case Law:

1. P. D. Vadhwa v. Union of India (1990):

The Supreme Court held that an advocate is not allowed to engage in business, as it can
create a conflict of interest. Advocates are expected to focus exclusively on their legal
profession, as engaging in business or commercial activities might affect their professional
duties and impartiality.

The Court emphasized that a lawyer must maintain the dignity and integrity of the
profession by avoiding situations that could compromise their independence or lead to a
conflict of interest.

2. A.K. Kraipak v. Union of India (1969):

Though not directly related to the issue of business activities, this case discussed the
principles of conflict of interest and impartiality. The Court held that those who perform
duties in public or professional capacity must avoid situations where their personal interests
conflict with their duties, which can be extended to business activities.

Conclusion
1. Strike and Professional Misconduct:

Lawyers cannot go on strike as it disrupts court proceedings and violates their duty to the
administration of justice. The Ex. Capt. Harish Uppal case made it clear that striking is a
form of professional misconduct and infringes upon the duties of advocates as officers of
the court.

2. Business Activities and Professional Integrity:

Advocates should refrain from engaging in business activities as it may create a conflict of
interest and compromise their duties and responsibilities to their clients and the court.
The P.D. Vadhwa v. Union of India case underscores that business ventures are not
consistent with the legal profession's ethical standards and the expectations of impartiality
and independence.

In conclusion, both going on strike and engaging in business activities are considered violations of
an advocate's professional duties, and could amount to professional misconduct, potentially leading
to disciplinary action by the Bar Council.

"The courts and advocate are equal partners in dispensation of justice

through the medium of legal aid". Explain the obligations of an
advocate towards society in light of the above statement.

The statement "The courts and advocate are equal partners in dispensation of justice through the
medium of legal aid" highlights the collaborative responsibility of both the judiciary and the legal
profession in ensuring access to justice for all, especially for those who cannot afford legal
representation. Legal aid, as a mechanism to provide free legal services to the disadvantaged, is an
essential aspect of the justice system that ensures equality before the law, which is a fundamental
right in democratic societies.

Obligations of an Advocate Towards Society

1. Duty to Provide Legal Aid: Advocates, as officers of the court, have a duty not only to their
clients but also to society as a whole. Legal aid is part of an advocate's broader obligation to
contribute to the accessibility and fairness of the justice system. They must recognize their role
in ensuring that justice is not reserved for the wealthy or privileged but is accessible to the
marginalized sections of society.
 Legal Aid and Advocacy: Advocates have an ethical and professional duty to provide legal
assistance to those who are unable to afford legal services. The Legal Services Authorities
Act, 1987 and subsequent amendments set up a framework for legal aid services in India.
Advocates must participate in these initiatives and take up cases under legal aid schemes to
ensure that the principle of justice is upheld for all individuals, regardless of their financial
standing.

Judicial Responsibility: The courts, while ensuring justice, rely on the legal profession to
deliver the services needed to bring cases to trial. In this regard, an advocate's duty is to
participate in legal aid programs, which provide representation to those without the means
to pay.

Case Law: In K. K. Verma v. Union of India (1987), the Supreme Court held that legal aid is a
fundamental right under Article 21 of the Constitution of India, which guarantees the right
to life and personal liberty. The Court recognized that equal access to justice, especially for
underprivileged groups, is critical in upholding the rule of law.

2. Duty to Uphold the Rule of Law and Justice: Advocates have an obligation to act in the interest
of society by ensuring that justice is administered fairly and without bias. They must promote
the cause of justice beyond the individual case, understanding their role in safeguarding human
rights and advancing public interest.

Promoting Fairness and Equality: Lawyers should not discriminate based on caste, religion,
gender, or social background and should always prioritize the pursuit of justice. Their
actions, both inside and outside the courtroom, must reflect the highest ethical standards
and contribute positively to society.

Public Interest Cases: Advocates may also take on cases that serve the public interest or
broader societal goals. This includes cases related to the environment, human rights,
consumer rights, and social justice. Advocates can, and should, act as champions for causes
that contribute to social welfare.

3. Duty to Promote Legal Literacy and Awareness: In addition to providing legal aid in specific
cases, advocates also have a broader societal responsibility to promote legal awareness and
education. By helping individuals understand their legal rights and responsibilities, advocates
empower the public and strengthen the rule of law.

Pro Bono Work and Legal Awareness: Advocates should engage in pro bono activities,
participating in awareness programs, workshops, and legal literacy campaigns aimed at
educating the general public about their legal rights. Legal literacy programs are especially
important in rural areas or among marginalized communities, where individuals may not be
aware of their rights or how to assert them.

4. Duty to Act with Integrity and Professionalism: The ethical duty of an advocate extends
beyond the courtroom. Their behavior should be exemplary, as they play an essential role in
shaping the public perception of the legal profession. Advocates must act with honesty, fairness,
and professionalism, both in their legal practice and in their personal conduct.

Role as Custodians of Justice: Advocates, by virtue of their position, are expected to act as
custodians of justice and integrity. They must avoid conduct that could tarnish the
reputation of the legal profession or erode public trust in the justice system.

5. Duty to Engage in Social Justice Causes: Advocates must actively participate in legal reforms
aimed at improving social justice. This includes advocating for changes in laws that affect
marginalized or vulnerable sections of society, such as women, children, backward classes, or the
economically disadvantaged.

Advocacy for Law Reform: Advocates have a responsibility to engage in law reform efforts
that promote social justice, address inequality, and help marginalized communities. They
can do so by challenging unconstitutional laws, providing legal advice on reform proposals,
or representing clients whose cases reflect the need for legal change.

Case Law: In People's Union for Civil Liberties v. Union of India (1997), the Supreme Court
emphasized the role of lawyers in safeguarding civil liberties and promoting social justice.
The case highlighted the lawyer's responsibility to address violations of rights and ensure
that justice reaches the most vulnerable.

Conclusion:
The statement emphasizes the collaborative nature of the justice system, with both the courts and
the advocates playing equally vital roles in ensuring justice is served. Advocates, by fulfilling their
obligations to society through legal aid, social justice advocacy, legal literacy, and professional
integrity, contribute to a fairer and more just society. Their responsibilities are not limited to
individual clients but extend to the collective good, fostering a system where justice is accessible to
all, and the legal profession maintains its dignity and trust in society.

By embracing these duties, advocates help in realizing the true purpose of the legal system — to
serve justice for the people.