Legal Ethics
Accountancy
The main objectives of the accounting are as follows :
Accountability
Contempt of Court
Art of Advocacy
PART I
CHAPTER I
1. Importance of Legal Profession
2. Legal Profession in Pre-British India
3. Legal Profession during British Period
Legal Practitioners Act, 1879
Indian Bar Committee, 1923
Indian Bar Councils Act, 1926
4. Legal Profession after Independence : All India Bar Committee, 1951
Advocates Act, 1961
CHAPTER II
1. Admission and Enrolment
(1) Senior Advocates and other advocates (Section 16)
(2) Persons who may be admitted as advocate on a State roll (Section 24).
(2A) All India Bar Examination
(3) Disqualification for enrolment (Section 24-A)
(4) Authority to whom application for enrolment may be made (Section 25)
(5) Disposal of applications for admission as an advocate (Section 26)
(6) Removal of names from roll (Section 26-A)
(7) Special provision for enrolment of certain Supreme Court advocates (Section 20)
(8) Disputes regarding seniority (Section 21)
(9) Certificate of enrolment (Section 22)
(10) Right of pre-audience (Section 23)
2. Rights of Advocates
CHAPTER III
BAR COUNCILS
1. Introduction
2. State Bar Councils
(1) Establishment and Organisation
(2) Powers and Functions of the State Bar Council
3. Bar Council of India
(1) Organisation
(2) Powers and Functions
4. Bar Councils and Observance of the Principles of Natural Justice
CHAPTER IV
ETHICS OF LEGAL PROFESSION
1. Meaning, Nature and Need
2. Professional Ethics
1. Duty to the Court
2. Duty to the client
Right of lien.
3. Duty to opponent
4. Duty to the colleagues
5. Other Duties
3. Punishment for the breach
PUNISHMENT FOR PROFESSIONAL OR
OTHER MISCONDUCT
1. Professional or other Misconduct—Meaning and Ambit.
2. The body or authority empowered to punish for professional or other misconduct.
I. State Bar Council and its disciplinary committee
II. Bar Council of India—Its disciplinary committee
3. Complaint against advocates and procedure to be followed by the Disciplinary Committee.
4. Remedies against the order of punishment
1. Review
2. Appeal
CHAPTER VI
SOME IMPORTANT CASES RELATING TO
PROFESSIONAL OR OTHER MISCONDUCT
Decisions of Disciplinary Committee of the Bar Council of India
1. Smt. Siya Bai v. Sita Ram
2. Smt. Urmila Devi v. Sita Ram Singh
3. Secretary, Karnataka Khadi Gramudyog Samyukata Sangh, Benguri, Hubli v. J.S. Kulkami
4. Mrs. M.S. Patwardhan v. V.V. Karmarkar
5. Upendra D. Bhatt v. Vijay Singh M. Kapadia
6. Allahabad Bank v. Girish Prasad Verma
7. Regional Officer, Allahabad Bank v. J.P. Srivastav
8. Prof. Krishnaraj Goswami v. Vishwanath D. Mukashikar
9. Smt. Sudesh Rani v. Munish Chandra Goel
10. Surendra Nath Mittal v. Daya Nand Swaroop
11. Smt. Farida Chaudhary v. Dr. Achyut Kumar Thakuria
12. Pratap Narain v. Y.P. Raheja
13. Vikramaditya v. Smt. Jamila Khatoon
14. S.K. Nagar v V.P. Jain
15. Smt. P. Pankajam v. B.H. Chandrashekhar
16. Rajendra V. Pai v. Alex Fernandes
17. Suo Motu Enquiry v. Nand Lai Balwani
18. Saiyed Anwar Abbas v. Shri Krishna Singh,
Shri Badre Habib Siddique and Shri Sadre Habib Siddique
19. Babu Lai Jain v. Subhash Jain
Decisions of the Supreme Court and High Courts
20. Prahlad Saran Gupta v. Bar Council of India
21. Hikmat Ali Khan v. Ishwar Prasad
22. V.P. Kumaravelu v. The Bar Council of India
23. P.D. Gupta v. Ram Murti
24. U.P. Sales Tax Service Association v. Taxation Bar Association, Agra
25. John D’Souza v. Edward Ani
26. Dalai, D.S. v. State Bank of India
27. Mr. Roma Banneiji v. Ushapati Baneiji
28. Rajendar Lai v. Ram Krishna Gupta
29. Emperor v. Jodh Singh
30. In the matter of Girendra Kishore Jha
31. D.P. Chadha v. Triyugi Narain
32. Bhupinder Kumar Sharma v. Bar Association
33. Shambhu Ram Yadav v. Hanuman Das Khatry
34. Harish Chandra Tiwari v. Baiju
35. Rama Talkies v. Government of A.P.
PART II
CHAPTER VII
BENCH-BAR RELATION
Bench Bar Relation
CHAPTER VIII
I. Contempt of Court—Its Meaning, Nature and Main Features
The followings are Court
II. Kinds of Contempt of Courts ;
1. Difference between Civil Contempt and Criminal Contempt
2. Kinds of Contempt of Court
A. Civil Contempt.
B. Criminal Contempt
(A) Publication or other act
(B) Scandalizing or lowering the authority of the court
or interfering with judicial proceeding or administration of justice
(i) Scandalizing the Court or Lowering the authority of the Court
Statement casting aspersions on a Judge after retirement
False Affidavit
False verification of statement of facts
Complaint against a Judge
(ii) Prejudice to or Interference with, the due course of any judicial proceeding (Media Trial)
(iii) Interference or obstruction with administration of justice in any other manner
Interference with parties
Interference with witnesses
Abuse of process of Court
ORIGIN, DEVELOPMENT, OBJECT AND
CONSTITUTIONAL VALIDITY OF CONTEMPT LAW
1. Origin and Development
2. Object of Contempt Law
3. Constitutional Validity of the Contempt of Courts Act.
CHAPTER X
BASIS AND EXTENT OF CONTEMPT JURISDICTION
1. Contempt jurisdiction of the High Court and Supreme Court
2. Contempt Jurisdiction of the Subordinate Court
CHAPTER XI
CONTEMPT BY LAWYERS, JUDGES, STATE
AND CORPORATE BODIES
1. Contempt by Lawyers
2. Contempt by Judges, Magistrates or other persons acting judicially
3. Contempt Liability of State, Corporate Bodies and their Officers
CHAPTER XII
CONTEMPT PROCEEDINGS—NATURE AND MAIN FEATURES
1. Nature and Main Features
2. Cognizance and Procedure in case of contempt in face of the Court
A. Contempt in the face of the Supreme Court or High Court
B. Contempt in the face of the Subordinate Courts
3. Contempt outside the Court (Constructive Contempts)
4. Period of Limitation for initiation of contempt proceedings
5. Parties to contempt proceedings
CHAPTER XIII
DEFENCES OPEN TO CONTEMNER
A. DEFENCES IN CRIMINAL CONTEMPT
B. DEFENCES IN CIVIL CONTEMPT
1. Disobedience or Breach was not willful
2. The order has been passed without jurisdiction
3. Order disobeyed is vague or ambiguous
4. Order involves more than one reasonable interpretation
5. Compliance with the order is impossible
6. No knowledge of order
CHAPTER XIV
AGAINST THE ORDER OF PUNISHMENT
I. Nature and extent of Punishment
II. Remedies against the Order of punishment
1. Apology
2. Appeal
3. Review
CHAPTER XV
1. E.M.S. Namboodaripad v. T.N. Nambiar
2. Delhi Judicial Services Association, Tis Hazari Court v.
State of Gujarat
3. Mohd. Aslam v. Union of India
4. In re Dr. D.C. Saxena and Dr. D.C. Saxena, Contemnor v. Hon’ble the Chief Justice of India
5. Sukumar Mukhopadhyay v. T.D. Karamchandani
6. T.R. Dhananjaya v. J. Vasudevan
7. J. Vasudevan v. T.R. Dhananjaya
8. In re Vinay Chandra Mishra
9. Supreme Court Bar Association v. Union of India
10. State of Rajasthan v. Prakasli Chand
11. T. Deen Dayal v. High Court of Andhra Pradesh
12. Kashinath Kher and others v. Dinesh Kumar Bhagat and others
13. In re Ajay Kumar Pandey
14. Income-tax Appellate Tribunal through President v.
V.K Agarwal
15. Om Prakash Jaiswal v. D.k. Mittal
16. Mrityunjoy Das v. Sayed Hasibur Rahman
PART III
ADVOCACY
CHAPTER XVI
HOW TO BE A SUCCESSFUL ADVOCATE
Art of Cross-examination of Witnesses
I. Examination-in-Chief
II. Cross-examination.
III. Re-examination.
WRIT JURISDICTION
Writ jurisdiction of the Supreme Court (Article 32).
The person against whom the writ can be issued
When the Supreme Court can refuse to grant remedy under Article 32
(i) Res judicata.
(ii) Delay.
(iii) Malicious petition.
(iv) Misrepresentation or Suppression of Material facts.
(v) Infructuous petition.
(vi) Existence of adequate alternative remedy
Writ jurisdiction of the High Court (Article 226)
Difference between Article 32 and Article 226
WRITS
I. Habeas Corpus
Against whom issued.
Conditions for the issue
II. Mandamus
Meaning and Object.
Conditions for the issue :
Alternative remedy
When it may be refused.
Against whom it will lie.
Against whom it does not lie.
Who may apply?
III. Certiorari
Who may apply?
Against whom lie.
Conditions for the issue.
Judicial act.
Inferior Court or Tribunal.
The inferior Court or Tribunal or body must be within the jurisdiction of the superior court.
When certiorari would not lie.
Alternative Remedy.
Difference between Certiorari & Prohibition.
Difference between Certiorari & Mandamus.
IV. Prohibition
Alternative remedy.
Distinction between Certiorari and Prohibition
Distinction between Prohibition and Mandamus
V. Quo-Warranto
Meaning and Object.
Conditions for the issue.
Public office of substantive character.
Who may apply?
When may be refused?
A. ADVOCATES ACT, 1961
B. CONTEMPT OF COURTS ACT, 1971
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