Roll No.

R450218004
SAP ID 500070380
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
Mid Semester Examination, March 2023

Course: Professsional Ethics and Professional Accounting System Course Code: CLCC5006
Programme: BA LLB/BBA LLB/ BCOM LLB/ B.Tech (CSE) LLB/ BSc LLB/EL/CrL/CL/IPR/
/CL/ITIL/Tax Law/Labour Law Semester: X

Time: 02 hrs. Max. Marks: 100 (weightage 20% in the grade sheet)

Instructions: All questions are compulsory.

S. No. Marks CO
Q.1 Judge Edward Abbot Parry stated that the good Lawyer is not the man who has an 20 CO1
eye to every side and angle of contingency and qualifies all his qualifications, but
who throws himself on your prat so heartily that he can get you out of a scrape.
Referring to above mentioned statement discuss the essential qualities that an
advocate must possess to succeed in his profession. 

An advocate is the person who helps the client in darkness, an advocate helps
him/her with the situation and suggest the best outcome in that situation. There are
certain qualities which an advocate must have, which are following:

A good advocate must be aware about the seven lamps of the advocacy, Judge
Edward Abbot Parry brought these seven lamps of advocacy in existence.

I. Honesty
II. Courage
III. Industry
IV. Wit
V. Eloquence
VI. Judgement
VII. Fellowship

I. Honesty

The most important quality that an advocate must have is honesty, which should be
reflected in his thoughts, words, and actions. In a fiduciary capacity, an advocate
should be dependable and trustworthy to all who seek his services and advice.
Honesty in the workplace improves both professional and personal reputation and
respect in society.

II. Courage

It is an advocate's duty to use all reasonable means to protect the interests of his or
her clients, without regard for the consequences to himself or others. Knowledge and
skill give an advocate the courage and confidence to put their best foot forward in a
case that is in the best interests of the client.

III. Industry
It denotes hard work, which is essential for an advocate. An advocate's legal
knowledge should be up to date and not ignorant of the current law in force, and in
order to gain the necessary knowledge, an advocate must conduct a systematic study
to become acquainted with the most recent law. If they disregard the applicable law,
the law will also disregard them. That is why it is said that "law is a jealous
mistress," requiring one to keep up with changes and amendments.
IV. Wit

The lamp of wit is required to illuminate the darkness of advocacy. Wit is defined as
a clever and humorous expression of ideas; lively nature of spirit. It stems from
intelligence, comprehension, and mental agility. Having a quick wit reduces an
advocate's workload and relieves mental strain. Often, an advocate's wit saves a
Judge from taking an unwise path where judgment or discourse would almost
certainly fail.

V. Eloquence

is associated with oratory art, which involves fluent oral communication and the
skillful use of language with persuasion to appeal to the emotions of others. The
eloquence quality is critical to the success of advocates in their profession because
fluent speaking impresses the bench and attracts observers.

VI. Judgement

The inspiration that enables a man to translate good sense into right action is referred
to as judgment. An advocate must be able to estimate, consider, and form an opinion
on the subject matter with good judgment and ability. In this context, judgment refers
to a thorough examination of the case and the formation of an informed opinion
about it, as well as the potential consequences. After assessing the clients' issues, he
should openly inform them of the correct legal position.

VII. Fellowship

Membership in a friendly association or companionship is represented by the lamp of

fellowship. It is important to remember that, while advocates are adversary parties
before the bench, they are not enemies, and their conflict should end when they leave
the courtroom. Advocates should keep the fellowship lamp burning and encourage
one another in the legal field while clearly expressing individual thoughts and views.
 There is another 8th lamp of advocacy which is given by the Justice K.V
Krishnaswamy Aiyer named as “TACT”, it refers to the person’s ability to handle
the situation skillfully without causing any offence, for an instances in few cases the
arguments get really heated and in such situation a lawyer must know how to handle
the client, his opponent and came up with the solution.

Q.2 The term Vakil was first used under the Mughal Era. Vakils were not true representatives 20 CO 1
of their clients. They were not given any fixed amount as fees, rather were given an amount
of valuation of the suit as remuneration. In reference to this illustrate the journey of the legal
system in India
In India, secular law varied greatly from region to region and from ruler to ruler. Court
systems for civil and criminal matters were essential features of many ancient Indian ruling
dynasties. The Mauryas (321-185 BCE) and the Mughals (16th - 19th centuries) had
excellent secular court systems, with the latter giving way to the current common law
system.
In the Mughal period, there was a legal system in which Vakils were there to represent the
client, the courts were known to be as qazi’s Muftis and Maulvis. The vakils were not the
true representatives of clients but tend to explain the situation in the courts they were not
given any fixed fees but amount of valuation of the suit as remuneration was provided.
Later, Britishers introduced a mix of their laws (laws of their country) and Indian customs,
traditions, rules, and regulations in order to maintain their rule in the country with minimal
opposition from Indians.
The British established the common law system, which is a legal system based on recorded
judicial precedents. King George I granted the East India Company a charter in 1726 to
establish "Mayor's Courts" in Madras, Bombay, and Calcutta. (now Chennai, Mumbai and
Kolkata respectively). After the victory at Plassey, the company's judicial functions
expanded significantly, and by 1772, the company's courts had spread out to various other
parts of the country from the three major cities. The company gradually replaced the existing
Mughal legal system in those parts of the country during the process. The control of East
India Company territories in India passed to the British Crown following the First War of
Independence in 1857. India Being a part of the empire brought about the next major change
in the Indian legal system. The existing mayoral courts were replaced by supreme courts.
Through letters of patent authorized by the Indian High Courts Act passed by the British
parliament in 1862, these courts were converted to the first High Courts.
The supervision of lower courts and the enrollment of legal practitioners were delegated to
the respective high courts.
The Privy Council served as the highest court of appeal during the British Raj. The law lords
of the House of Lords decided cases before the council. The state sued and was sued on
 behalf of the British sovereign as Empress of India. During this time, parties in court were
represented by VAKILS. However, Indians were not permitted to practice before the newly
formed Supreme Court. Only English, Irish, and Scottish doctors were permitted to practice
there. Subsequent rules and statutes, culminating in the Legal Practitioners Act of 1846,
allowed anyone, regardless of nationality or religion, to practice law.
The Law Commission of India was established by the Charter Act of 1833 to ensure a
uniform and simple legal system in India. Following that, various law commissions were
established, which drafted various laws such as the IPC 1860, CRPC, Indian Evidence Act
1872, Indian Contract Act 1872, Indian Succession Act, and others.
India's Legal System After Independence: Following independence, India's leaders faced the
enormous task of drafting a constitution to govern a country with a population of more than
350 million and such diversity. The task fell to a constituent assembly, which includes
representation from all sections of society, with Dr. B.R. Ambedkar as the chief of the
constitution's drafting committee and Dr. Rajendra Prasad as its President. Thus, nearly three
years later, on January 26, 1950, the Indian Constitution went into effect, and India became a
republic. While India forms it new laws some of the acts remain same with some changes.

Q.3 An advocate is a citizen of India, provided that subject to the other provisions contained in 20 CO 3
this Act, a national of any other country may be admitted as an advocate on a state roll, if
citizens of India, duly qualified, are permitted to practice law in that other country. Referring
to this mention the qualifications and disqualifications to become an advocate as mentioned
in the Advocates Act
There are qualification and disqualification of an Advocate to be enrolled as an advocate
under Advocate act 1961,
QUALIFICATIONS
According to the section 24 of the act, If a person can be admitted as an Advocate on a State
Roll,

 he is an Indian citizen.
 A foreign national, on the other hand, may be admitted to a State Roll if qualified
Indian citizens are permitted to practice in that country.
 He has turned twenty-one years old.
 He has a law degree from a university or college that is recognized by the Bar
Council of India.
 He meets any other requirements imposed by the relevant State Bar Council.
 So, anyone who meets the above criteria can apply to the State Bar Council in whose
jurisdiction he wishes to practice as an Advocate. The application must include the
prescribed fees payable to the State Bar Council and the Bar Council of India.
 He fulfils the conditions specified in the rules of State Bar council
 He has fulfilled the stamp duty, an enrolment fee.
 He has been a vakil or mukhtar or was entitled at any time to be enrolled under any
law or work as an advocate of a high court
DISQUALIFICATIONS

 Section 24A discusses disqualification for enrollment. According to the section, no

 one shall be admitted as an Advocate on a State Roll.

 If he is found guilty of a crime involving moral turpitude.

 If he is convicted of a crime under the Untouchability (Offenses) Act.
 If he was fired or removed from a state-sponsored job or service for a moral
turpitude offense.
 However, such disqualification will be null and void two years after his removal,
dismissal, or release. In addition, the Bar Council of India has the authority to
remove a person's name from the State Roll if it is satisfied that he obtained his
name through misrepresentation, undue influence, or fraud.
In the case of Dr Hansraj Chulani vs bar council of Maharashtra and Goa, in this case the
petitioner was a medical practitioner and wants to enrol himself as an advocate, the Bar
council of Maharashtra and Goa stated that a person cannot practice being in a profession as
law itself is a profession that required skills hence, he cannot work simultaneously on both
the professions.

Q.4 The Advocates Act, 1961, has made provisions for the establishment of Bar 20 CO 4
Councils. The Bar Council will be two patterns - Bar Council of India and State Bar
Council.  Under Section 3 of the Act State Bar Council will be established. One of
the most important functions of the State Bar is to maintain the roll of advocates.
Explain
Section 4 of the Act allows for the formation of an All-India Bar Council. The body
will be made up of the attorney general of India, who serves as an ex officio
member, the solicitor general of India, who also serves as an ex officio member, and
one member chosen by each State Bar Council from among its members. The All
India Bar Council will be led by a chairman and vice-chairman chosen by the
Council itself in accordance with established procedures. Section 5 of the Act applies
to any corporate body, including the Bar Council of India and all state Bar Councils
with perpetual succession and their own common seal. Each Bar Council is
empowered to acquire and hold real estate in its own name. It has the ability to sue,
to be sued in its name, and to enter into contracts in its name. A Bar Council can
continue to exist because it is a corporate entity with perpetual succession; thus, the
members' terms of office are unaffected.
Section 3 of the Act provides for the formation of a Bar Council in each state.
Neighboring countries join Union territories. The union territory of Delhi has its own
Bar Council. This is based on the recommendations of the All India Bar Committee.
The respective State Bar Council will elect a chairman and vice chairman for each
State Bar Council.
According to section 17 of the act, the state bar council maintains the roll of the
advocates,
Every state bar council shall maintain the roll of advocates which include name and
address of the advocates, including all the advocates which entered as advocates on
the roll of any high court under bar council act, 1926 and also citizen of India who
were enrolled before 15th august 1947. Such rolls consists of two parts- the first part
 includes the name and address of senior advocates and the other part name and
address of other advocates.
According to the section 19 of the act, the state bar council shall send the copies of
such rolls to the Bar council of India as well as the authenticated copy which is
prepared by it first time, the state bar council shall also communicate any alterations
made in it later.

Q.5 An advocate who is suspended from practise is debarred from practising in any court 20 CO 2
or before any authority or persons in India. The disciplinary committee of a state Bar
Council may of its own motion or otherwise review any order passed by it, but no
such order shall have effect unless it has been approved by the Bar Council of India.
Elaborate!
 Section 42 of the Advocate's Act of 1961 establishes disciplinary committee
powers. According to the section, the disciplinary committee will have the
same powers as a civil court under the Code of Civil Procedure 1908,
requiring discovery and production of any documents; receiving evidence on
affidavits; requisitioning any public record or copies thereof; issuing
commissions for the examination of witnesses or documents; and any other
matter which may be prescribed. A suspended advocate is not permitted to
practice in any court or before any authority or person in India. The
disciplinary committee of a state Bar Council may review any order passed
by it on its own initiative or otherwise, but no such order shall have effect
unless approved by the Bar Council of India. The Act empowers the Bar
Council of India's disciplinary committee to conduct investigations into
complaints of misconduct referred to it, to withdraw cases for investigation
before itself, to hear appeals and order stays, and to review its own orders. It
has the authority to order the costs of any proceedings before it as it sees fit.
Any such order shall be executable as if it were a Supreme Court order.

 Sections 35-44 address the conduct of the advocates. It establishes penalties

for advocates for professional and other misconduct, as well as the
disciplinary powers of the Bar Council of India. Section 35 of the Advocates
Act may be invoked for misconduct that is not solely professional in nature.
Professional or other misconduct is the phrase used in the section. As a result,
even conduct unrelated to the profession, such as a criminal conviction, can
account for misconduct, even if the crime was not committed in the
professional capacity.
 Any person who is dissatisfied with an order made by the disciplinary
committee of a state Bar Council under section 35 may file an appeal with the
Bar Council of India within sixty days of receiving notification of the order.
Every such appeal is to be heard by the Bar Council of India's disciplinary
committee, which may issue whatever order it sees fit. A fee of Rs. 50 has
been prescribed by the Bar Council of India for filing an appeal before the
Bar Council of India.
 Section 44 delegated review powers to a Bar Council's disciplinary
committee on its own motion or otherwise. However, no order or review of
the state Bar Council's disciplinary committee shall be effective unless
 approved by the Bar Council of India. The Supreme Court upheld the Bar
Council of India's view in O.N. Mahindroo v. Dist. Judge, Delhi that the Bar
Council of India has no power to review an order made by its disciplinary
committee on appeal. However, the Bar Council may refer matters to the
disciplinary committee for reconsideration.
 Application to the Supreme Court
Any person who is dissatisfied with an order made by the disciplinary committee of
the Bar Council of India under sections 36 or 37 may file an appeal with the
Supreme Court within sixty days of the date on which the order is communicated to
him, and the Supreme Court may pass such order as it deems fit. The Supreme Court
of India issued Order V. Rules govern appeals to the Supreme Court from orders of
the Bar Council of India's disciplinary committee made under sections 36 or 37 of
the Advocates Act.