LP 0704
Practical Training Paper I - Professional Ethics and Contempt of Court Law :
Objectives of
the Course : The professional ethics encompasses an ethical code governing
the conduct of persons engaged in the practice of law as well as persons
engaged in the legal sector. The objective of this course is to acquaint the
students as to (a) legal profession in India during - ancient, medieval and
modern period, (b) professional ethics or duties, (c) the provisions of the
Advocate Act, 1961, and (d) the provisions of the Contempt of Courts Act, 1971.
The purpose of the course shall also be to provide or to enhance the practical
knowledge of the students and to acquaint them with the link between theory and
practice.
Scheme of Marking :
Part
A :
University Written Examination : 80 Marks
Part
B :
Written Submissions (10 Marks) & Viva voce Examination (10 Marks) :
20 Marks
Part A : Syllabus for University Written Examination :
|
Module 01 |
History of Legal
Profession in India : 1.
Legal profession in India in ancient and
medieval period 2.
Changes underwent in Legal profession during
British rule 3.
Development of Legal Profession in India after
Independence 4.
Impact of globalization on legal profession in
India |
|
Module 02 |
Norms of Professional Ethics and Duties : 1.
Need and necessity of Professional ethics in
the legal profession 2.
Professional ethics and duties of advocates
towards his clients, Court, public, his fellow advocates, self, society, duty
in imparting training, duty to render legal aid, etc. 3.
Restrictions on other Employments 4.
Restrictions on advertising 5.
Form of Dresses or Robes to be worn by
Advocate 6. Rules as to Vakalatnama |
|
Module 03 |
Introduction and Authorities
(the Advocates Act, 1961) : 1. Objects of and definitions under the Act 2. Bar
Council of State : a)
Establishment of Bar Councils for Each States
and Union Territories b)
Composition of State Bar Council c)
System of Election d)
Term of office of Members of State Bar Council
and Establishment of Special Committee e)
Disqualification of Member of Bar Council of State
f)
Powers and Functions of Bar Council of State 3. Bar
Council of India : a)
Composition of Bar Council of India b) Term
of office of Members of Bar Council of India c)
Disqualification of Member of Bar Council of
India d) Powers
and Functions of Bar Council of India e)
Membership in International Bodies 4. Provisions Common to Bar Council of India and Bar Council of
State : a)
Bar Council to be Body Corporate b) Constitution
of Committees of Bar Council c)
Transaction of Business, Staff and Audit of
Accounts of Bar Council d) Power
of Bar Council to make Rules |
|
Module 04 |
Admission and
Enrolment of Advocates (the Advocates Act, 1961) : 1. Senior and other Advocates |
|
|
2.
Preparation of Roll of Advocates 3.
Order of Seniority amongst the Advocates 4.
Transfer of Name from one State Roll to
another 5.
Right of Pre-audience 6.
Qualification for Admission of Person as
Advocate on State Roll 7.
Disqualification for Admission of Person as
Advocate on State Roll 8.
Disposal of Applications for Admission as
Advocate 9.
Power of State Bar Council to make rules |
|
Module 05 |
Enrolment and Right to Practice and
Limitations of such Right (the Advocates Act, 1961) : 1.
Right of Advocates to Practice 2.
Power of Court to Permit Appearances in
Particular Cases 3.
Advocates alone entitled to Practice 4.
Power of High Court to make rules 5.
Skills essential for a lawyer to have a good
practice and profession – qualities to succeed in legal profession - honesty,
courage, industry, wit, eloquence, judgment, fellowship, etc. 6.
Decisions of Courts on Advocate's right to
strike 7.
Role of advocate in the administration of
justice and duty towards legal reforms |
|
Module 06 |
Conduct of Advocates
(the Advocates Act, 1961) : 1.
Complaint of Professional or other Misconduct 2.
Punishments for Professional or other
Misconduct 3.
Disciplinary Powers of Bar Council of India
and State Bar Council 4.
Disposal of Disciplinary Proceedings 5.
Review of Orders by Disciplinary Committee 6.
Appeal to Bar Council of India 7.
Appeal to Supreme Court 8.
Stay of Order 9.
Alteration in Roll of Advocates |
|
Module 07 |
Cases Prescribed for
Study on Professional Ethics : 1.
Vishram Singh Raghubanshi v. State of UP, AIR
2011 SC 2275 2.
Vijay Singh v. Murarilal, AIR 1979 SC 1719 3.
SJ Chaudhary v. State of Delhi, AIR 1984 SC
618 4.
Chandra Shekhar Soni v. Bar Council of
Rajasthan, AIR 1983 SC 1012 5.
Ex-Capt Harish Uppal v. Union Of India, AIR
2003 SC 739 6.
John D'Souza v. Edward Ani, AIR 1994 SC 975 7.
Himalayan Cooperative Group Housing Society v.
Balwan Singh, AIR 2015 SC 2867 8.
Brajendra Nath Bhargava v. Ramchandra
Kasliwal, AIR 1999 SC 2866 9.
A S Mohammed Rafi v. State of Tamil Nadu, AIR
2011 SC 308 10. D
Saibaba v. Bar Council of India, AIR 2003 SC 2502 |
|
Module 08 |
The Contempt of
Courts Act, 1971 : |
1. Historical
development of law of contempt of court in India
2. Freedom
of speech, Law of defamation and contempt of Court - Constitutional
perspectives
3. Meaning
of contempt - Civil contempt and Criminal contempt
4. Defenses
for contempt - Civil and Criminal contempt
5. Punishments
for contempt
6. Procedure
for initiating contempt proceeding
7. Contempt
by Judges, Magistrate, Lawyers, Companies and others
8. Contempt
of Supreme Court, High Court and Subordinate Court
9. Remedies,
Apology, Appeal and Review
10. Comparison
with Order 39 Rule 2A of Civil Procedure Code Module 09 Cases Prescribed for Study on Contempt of Court :
1. In
Re Arundhati Roy, AIR 2002 SC 1375
2. Pushpaben
v. Narandas V Badiani, AIR 1979 SC 1536
3. LD
Jaikwal v. State of UP, AIR 1984 SC 1734
4. Charan
Lal Sahu v. Union of India, AIR 1988 SC 107
5. PN
Duda v. V P Shiv Shankar, AIR 1988 SC 1202
6. Noorali
Babul Thanewala v. KMM Shetty, AIR 1990 SC 464
7. Bal
Kishan Giri v. State of UP, AIR 2014 SC (Supp) 469
8. High
Court of Judicature of Bombay v. Manisha Koirala, 2003 CriLJ 1634 (Bom HC)
9. Dr.
Subramanian Swamy v. Arun Shourie, AIR 2014 SC 3020
10. In
Re S Mulgaokar, AIR 1978 SC 717
Learning Videos
This Video is on Contempt of Court Case of LD Jaikwal Vs. State of UP. Please watch this video till end for full understanding. Citations: 1984 AIR 1374, 1984 SCR (3) 833
This Video explains Conduct of Advocate under The Advocate Act, 1961. Complaint against advocate against Professional and other misconduct. Punishment to Advocate for misconduct and Remedies available against punishment. Please watch this video till end for full understanding.
Note :
1. The
college shall organise Interaction Session(s) of experts in the area of
professional ethics, contempt of courts, etc. with the students.
2. The
purpose of the interaction session(s) should be to provide or to enhance the
practical knowledge of the students with respect to the course.
3. The
concerned teacher is advised to orient the students, before organisation of
interaction session, as to purpose of interaction, concerned legal provisions,
etc.
Part B : Contents of Written
Submissions (Journal) :
The Written Submissions (Journal) shall contain the
following :
1. Essay
on the topic from law relating to Legal Profession in India, assigned by
concerned teacher.
2. Essay
on the topic from Law relating to Contempt of Court, assigned by concerned teacher.
3. Report
on an Interaction Session(s) of experts with the students.
4. Case
Comments on 2 cases on Professional Ethics, assigned by concerned teacher.
5. Case
Comments on 2 cases on Contempt of Court,
assigned by concerned teacher. Note
:
1. A
Report on interaction session shall consists of : (a) Purpose of the
Interaction, (b) Observations / Information Collected by the student, (c)
Relevant Provisions of Law, (d) Comments
on Linkage between Law and Practice. The concerned teacher may add in or modify
the specified contents of report.
2. The
case comment shall consists of : (a) Citation of the case, (b) Facts of the
case, (c) Issues of facts and of laws, (d) Arguments advanced, (e) Decision of
the Court, (f) Ratio of the case, and (g) Comments on the decision.
Recommended Readings :
1. K.V.
Krishnaswamy Iyer, Professional Conduct
and Advocacy, Oxford University Press.
2. Dr.
Kailash Rai, Legal Ethics – Accountancy
for Lawyers and Bench - Bar Relations Central Law Publications, Allahabad,
2015.
3. B.R.
Aggarwala, Supreme Court Practice and
Procedure, Eastern Book Co.
4. P.
Ramanath Iyer, Advocate his Mind and Art,
Wadhwa Nagpur, 2003.
5. Dr.
S.P.Gupta, Professional Ethics,
Accountancy for Lawyers and Bench-Bar Relations, Central Law Agency,
Allahabad, 2004.
6. M.P.
Jain, Outline of Indian Legal History,
Chapter : Development of Legal Profession, LexisNexis, 2014.
7. M.R.
Mallick, The Advocates Act, 1961 with
Professional Ethics, Advocacy, and BarBench Relationship. Kamal Law House,
Calcutta, 2000.
8. Dr
B Malik, The Art of a Lawyer The
University Book Agency, Allahabad, 1999.
9. Raju
Ramachandran : Professional Ethics for
Lawyers, Changing Profession, Changing Ethics, LexisNexis, 2004.
10. Saadiya
Suleman, Professional Ethics &
Advertising by Lawyers, Universal Law Publishing, New Delhi, 2014.
11. M.K.
Gandhi, The Law and the Lawyers,
Navjeevan Publication, Ahemadabad.
12. Law
Commission of India, Report No.274 on Review of the Contempt of Courts Act,
1971, April 2018.
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