Chanderprabhu Jain College of Higher Studies School of Law

Chanderprabhu Jain College of Higher
Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University,
Delhi)
Class : BA LLB 9th Sem
Paper Code : 501
Subject : Legal Ethics and Court Craft
Unit 1- Supreme Court Rules 1966 and Delhi High Court Rules 1967
a. Supreme Court Rules 1966.

1. Registrar of Supreme Court.
The Registrar shall have the custody of the records of the Court and shall
exercise such other functions as are assigned to him by these Rules.
2. The Chief Justice may assign, and the Registrar may, with the approval of the
Chief Justice, delegate, to a Deputy Registrar or Assistant Registrar, any
function required by these rules to be exercised by the Registrar.
3. In the absence of the Registrar, the Deputy Registrar may exercise all the
functions of the Registrar
4. The official seal to be used in the Court shall be such as the Chief Justice
may from time to time direct, and shall be kept in the custody of the Registrar.
5. Subject to any general or special directions given by the Chief Justice, the
seal of the Court shall not be affixed to any writ, rule, order, summons or other
process save under the authority in writing of the Registrar or Deputy Registrar.
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6. The seal of the Court shall not be affixed to any certified copy issued by the
Court save under the authority in writing of the Registrar or of a Deputy
Registrar or Assistant Registrar.
7. (1) The Registrar shall keep a list of all cases pending before the Court, and
shall, at the commencement of each term, prepare and publish on the notice
board of the Court a list of all cases ready for hearing in each class separately,
to be called the “ready list”. The cases in the “ready list” shall be arranged year
wise in each class separately in the order of their registration, and the list shall
be added to from time to time as and when fresh cases become ready for
hearing.
(2) Out of the “ready list” the Registrar shall publish on the notice board of the
Court at the end of each month a list of cases to be heard during the following
month. Subject to any general or special directions that may be given by the
Chief Justice and subject to the orders of the Court and the other provisions of
these rules, the cases listed for hearing in the monthly list in each class shall be
in the order in which the cases have been registered. From out of the monthly
list, the Registrar shall publish at the end of each week a list of cases to be
heard in the following week, as far as possible, in the order in which they
appear in the monthly list, subject to the directions of the Chief Justice and of
the Court, if any, and out of the weekly list shall publish at the end of each day
a daily list of cases to be heard by the Court on the following day.
8. In addition to the powers conferred by other rules, the Registrar shall have
the following duties and powers subject to any general or special order of the
Chief Justice, namely: -
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(i) to require any plaint, petition of appeal, petition or other proceeding

presented to the Court to be amended in accordance with the practice and
procedure of the Court or to be represented after such requisition as the
Registrar is empowered to make in relation thereto has been complied with;
THE SUPREME COURT RULES, 1966
(ii) to fix the date of hearing of appeals, petitions or other proceedings and issue
notices thereof;
(iii) to settle the index in cases where the record is prepared in the Court;
(iv) to make an order for change of advocate on record with the consent of the
advocate on record;
(v) to direct any formal amendment of record;
(vi) to grant leave to inspect and search the records of the Court and order the
grant of copies of documents to parties to proceedings; and without interfering
or dispensing with any mandatory requirement of these rules;
2. Types of petitions in supreme court..
A writ petition is a filing that a party makes with an appeals court in order to
secure a speedy review of some issue. Writ petitions are facets of English
common law, and are used in legal systems following the common law model,
including those of the United States, Australia, and India. A writ petition is
essentially a court petition for extraordinary review, asking a court to
intervene in a lower court’s decision.
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A writ means an order. A warrant is also a type of writ. Anything

that is issued under an authority is a writ. In this sense, using the
power conferred by Article 32, the Supreme Court issues
directions, orders or writs. Article 32(3) confers the power to
parliament to make law empowering any court to issue these writs.
But this power has not been used and only Supreme Court by
Article 32 (2) and High Courts (Article 226) can issue writs. Habeas
corpus, mandamus quo warranto and certiorari are Latin words.
They have different meaning and different implications. Let’s
understand one by one:
1. Writ of Habeas corpus

By Habeas corpus writ the Supreme Court or High Court can cause any person
who has been detained or imprisoned (this means violation of his fundamental
right to liberty) to be physically brought before the court. The court then
examines the reason of his detention and if there is no legal justification of his
detention, he can be set free.
 Is body (physical presence) compulsory?

Ordinarily yes, but in Kanu Sanyal v/s District Magistrate (AIR) (1974) case
the Supreme Court laid down that the physical presence is NOT a part of the
writ.
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 When the writ of Habeas corpus is issued?

When the person is detained and not produced before the magistrate within
24 hours When the person is arrested without any violation of a law. When a
person is arrested under a law which is unconstitutional When detention is
done to harm the person or is mala fide.
 Who can file the petition?

A general rule of filing the petition is that a person whose right has been
infringed must file a petition. But Habeas corpus is an exception to that. This
is because, a person detained or imprisoned may be severely handicapped. So
anybody on behalf of the detainee can file a petition.
 Is it applicable to Preventive Detention?

Yes, it is applicable.
 What is the core philosophy of Habeas corpus

To set at liberty a person who is confined without legal justification.
 Can Habeas corpus issued against state and individuals?

Yes, the writ can be issued against authorities of states or individuals or
organizations.
2. Writ of Mandamus
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Mandamus means “we order”. The Supreme Court or High Court orders to a
person, coropration, lower court, public authority or state authority.
 What order?
The order to do something. It’s a command or directive to perform something
or some act.
 What kind of act?

Performance of the ministerial acts or public duty. The Mandamus is also
called awakening call. It awakes the sleeping authority to perform their duty.
It demands an activity and sets the authority in action.
 Who can file a writ petition?

A person can file a writ petition against anybody who seeks a legal duty from
that person.
 What is legal duty?

Legal duty means some duty which is by a law viz. constitution, act,
subordinate, legislation etc.
 But did the person move to the authority?

Yes, the petition requires that the person moved to the authority and the
authority refused to do this duty. This is demand and refusal.
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 What is the core philosophy of Mandamus?

The core philosophy is that a person or authority despite of fulfillment of such
conditions which demand an action refuses to act then, the Supreme Court or
High Court can ask the person or authority to perform that duty. For example,
if a person fulfills all the preconditions & formalities to be issued a license but
still the authority refuses to issue a license even after that person approaches
to that particular authority, the person may seek writ petition.
 What are essential conditions to file to request the court

issue Mandamas writ?
1. The person must have a real or special interest in the subject matter.
2. The person must have specific legal right
3. No other equally effective remedy is there.
The third condition can be understood by the example: A person fulfils all the
conditions of an appointment and the authority has completed the selection
procedure then he must be issued an appointment letter. But when the
authority refuses to do this duty, the person is eligible to file a writ petition
under Mandamus.
3. Writ of Prohibition
The writ of prohibition means that the supreme court and High Courts may
prohibit the lower courts such as special tribunals, magistrates, commissions,
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and other judiciary officers who are doing something which exceeds to their
jurisdiction or acting contrary to the rule of natural justice. This implies that if
a judicial officer has personal interest in a case, it may hamper the decision
and the course of natural justice. Writ of Prohibition means to be issued in this
case.
4. Writ of Certiorari
Certiorari means a writ that orders to move a suit from a inferior court to
superior court.
5. Quo Warranto
Quo warranto means “by what warrant”? This means that Supreme Court and
High Court may issue the writ which restrains the person or authority to act in
an office which he / she is not entitled to. This writ is applicable to the public
offices only.
Election petition
An Election petition is a procedure for inquiring into the validity of the election
results of Parliamentary or local government elections. In other words, it is a
means under law to challenge the election of a candidate in a Parliamentary,
Assembly or local election. Election petitions are filed in the High Court of the
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particular state in which the election was conducted. Therefore, only the High
Courts have the original jurisdiction on deciding on election petitions. Such
jurisdiction shall be exercised ordinarily by the Single Judge of the High Court and
Chief Justice shall from time to time assign one or more Judges for that purpose.
An election petition can be filed by any candidate, or an elector1 relating to the
election personally, to the authorized officer of the High Court An election petition
calling in question an election shall be filed within the time period of forty-five
days from the date of declaration of results. The petitioner shall have to deposit a
sum of Rs. 2000/= in accordance with rules of the concerned High Court.
However, the fees may vary according to the individual rules of a particular High
Court. An election petition should consist of – a) A concise statement of the
material facts on which the petitioner relies b) Full particulars of any corrupt
practice that the petitioner alleges, including the names of the parties alleged to
have committed such corrupt practice and date and place of the commission of
each such practice in the form of an affidavit. c) Any schedule or annexure to the
petition shall be signed by the petitioner and verified. 1 An elector is a person who
was entitled to vote at the election to which the election petition relates, whether
he/she has voted at such election or not d) The petition shall also be accompanied
by an affidavit in the prescribed form in support of the allegation of such corrupt
practice .A petitioner may, in addition to claiming that the election of a particular
candidate is void, can also claim that he/she himself/herself has been duly elected.
The election of a particular candidate can be declared void under section 100 of the
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Representation of People Act, 1951, if the High Court is of the opinion that - a) On
the date of his election a returned candidate was not qualified or was disqualified
to be chosen to fill the seat.
b) Any corrupt practice (as explained below) has been committed by a returned
candidate or his election agent or by any other person with the consent of a
returned candidate or his election agent.
c) By improper acceptance of any nomination.
d) By any improper reception, refusal or rejection of any vote or the reception of

any vote which is void.
e) By any non-compliance with the provisions of the Constitution or RPA or any

rules or orders made under this act.
following are considered corrupt practices: a) Bribery (any gift, offer, promise or
gratification of any sort by the candidate or his/her agent to the voter or to another
candidate contesting elections)
b) Undue influence: direct or indirect influence exercised by the candidate or

his/her agent; includes threats, attempts to induce voters or other candidates,
declaration of public policy or action or the mere exercise of a legal right etc.
c) Use of Force/coercion
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d) Appeal by a candidate or his election agent to refrain from voting on grounds of

religion, race, caste, community or language. This also includes the promotion of,
or attempt to promote, feelings of enmity or hatred between different classes of the
citizens of India on grounds of religion, race, caste, community, or language, by a
candidate or his agent or any other person with the consent of a candidate or his
election agent to improve prospects of the election of that candidate or for affecting
the election of any other candidate.
e) Use of national symbols, national emblem, national flag to further the prospect
of the election of the candidate or for prejudicially affecting the election of any
other candidate.
f) Publication by the candidate or his election agent of any false statement of fact
which he either believes to be false or does not believe to be true, in relation to the
personal character or conduct of any other candidate, or in relation to his/her
candidature. Such a statement can also include a statement which is reasonably
calculated to prejudice the prospects of that candidate's election.
g) Use of/hiring/permanent fixing of vehicles by a candidate or his election agent

prohibited under Section 25 and 29(1) of the Representation of People Act, 1951.
h) Making false statements relating to elections expenditure.
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i) Abetting or attempting to obtain the service of government servants for the

furtherance of the prospects of elections. These government servants can be
gazetted officers, magistrates, members of the armed forces, police officers, excise
officers, revenue officers other than the village revenue officers e.g lambardars,
deshmukhs etc.
j) Booth capturing by a candidate or his/her election agent. (For the detailed list of
corrupt practices please see section 123 of the Representation of Peoples Act:
Where more election petitions than one are presented to the High Court in respect
of the same election, all of them shall be referred for trial to the same judge who
may, in his discretion, try them separately or in one or more groups. The
Representation of Peoples Act recommends every election petition shall be tried as
expeditiously as possible and as far as practicable for the interests of justice. Every
endeavor, its suggests, should be made on the part of the High Court to conclude a
trial for an election petition within six months from the date on which the election
petition is presented to the High Court for trial. When the election of a candidate is
declared void, any of his acts or proceedings in which that candidate has
participated as a Member of Parliament or State Legislature, shall not be
invalidated by reason of that order, nor shall such candidate be subjected to any
liability or penalty on the ground of such participation. Any election petition may
be withdrawn only by leave of the High Court. Where an application for
withdrawal is made, notice thereof fixing a date for the hearing of the application
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shall be given to all other parties to the petition and shall be published in the
official gazette. An election petition can abate only on the death of the sole
petitioner or of several petitions. The High Court shall, thereafter, publish the same
in such a manner as it may deem fit. The High Court shall as soon as after the
conclusion of the trial of an election petition, intimate the substance of the decision
to the Election Commission of India and the Speaker of the House or Chairman of
the State Legislature as the case may be. The High Court shall also send an
authenticated copy of the decision to the ECI. An appeal shall lie to the Supreme
Court on any question (whether of law and fact) from every order made by a High
Court. Every appeal shall be preferred within a period of thirty days from the date
of the order of the High Court. Supreme Court may entertain an appeal after the
expiry of the said period of thirty days if it is satisfied that the appellant had
sufficient cause for not preferring the appeal within such period. An election
petition usually stands infructuous by reasons of efflux of time, expiry of the
membership of the concerned candidate, death of the party related to the petition.
Examples of election petitions that have been filed.
- An election petition was filed against Ashok Chavan and Madhu Koda for
understating his election expenses on newspaper advertisements during the 2009
elections. Now as per the Supreme Court ruling dated 5th of May, 2013 in the
matter of both Mr. Ashok Chavan and Mr. Madhu Koda, the Election Commission
has been ordered to conduct an enquiry and decide on the matters within a period
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of 45 days. - Election Commission of India had disqualified Umlesh Yadav

(woman MLA from Uttar Pradesh) for filing an incorrect amount of expenses
incurred by her during the elections. - An election petition had been filed against
Indira Gandhi for corrupt electoral practices and she was disqualified from
contesting elections for a period of six years. - An election petition had been filed
against Chidambaram on the grounds of corrupt practices and manipulation of
votes.
b. Delhi High Court Rules 1967.
1. civil and criminal jurisdiction of high court.
The High Court has several jurisdictions – appellate, original, revisional, tax and
writ. It is one of the few High Courts in India where original civil cases (e.g.
injunction, partition, recovery suits, commercial disputes, intellectual property
rights disputes, arbitration cases etc.) are decided. Cases, to be tried, have to be of
value exceeding Rs.20 Lakhs. Appeals from the orders and judgments of single
Judges in such cases are decided by Division Benches. Other appeals against
orders and judgments of District Courts are assigned to Division Benches and in
some instances single Judges. Writ proceedings are initiated under Article 226 of
the Constitution of India; they are also called “judicial review” against orders of
administrative or statutory bodies or agencies, except in the case of proceedings for
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the writ of habeas corpus, where someone alleges unlawful detention by police or
State agencies.
**Criminal jurisdiction of Delhi high court in Delhi high court rules 1967.
Criminal Matters
 Appeals from order or decision of session and additional session court
judge lie to High Court if sentence of imprisonment is more than 7 yrs. But
death sentence shall get approval of High Court whether an appeal made by
convict or not.
 Appeals from decision of assistant session, metropolitan or other judges
lie to High Court in some specified cases other than petty cases as under
section 374, 376, 376G of CrPC (1973).

Unit 2- The Limitation Act, 1963 and The Registration Act, 1908
The Limitation ACT,1963
5. Extension of prescribed period in certain cases.—Any appeal or any application,
other than an application under any of the provisions of Order XXI of the Code of
Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if
the appellant or the applicant satisfies the court that he had sufficient cause for not
preferring the appeal or making the application within such period. Explanation.—
The fact that the appellant or the applicant was missed by any order, practice or
judgment of the High Court in ascertaining or computing the prescribed period
may be sufficient cause within the meaning of this section.
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6. Legal disability.—(1) Where a person entitled to institute a suit or make an

application for the execution of a decree is, at the time from which the prescribed
period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or
make the application within the same period after the disability has ceased, as
would otherwise have been allowed from the time specified therefor in the third
column of the Schedule. (2) Where such person is, at the time from which the
prescribed period is to be reckoned, affected by two such disabilities, or where,
before his disability has ceased, he is affected by another disability, he may
institute the suit or make the application within the same period after both
disabilities have ceased, as would otherwise have been allowed from the time so
specified. 5 (3) Where the disability continues up to the death of that person, his
legal representative may institute the suit or make the application within the same
period after the death, as would otherwise have been allowed from the time so
specified. (4) Where the legal representative referred to in sub-section (3) is, at the
date of the death of the person whom he represents, affected by any such disability,
the rules contained sub-sections (1) and (2) shall apply. (5) Where a person under
disability dies after the disability ceases but within the period allowed to him under
this section, his legal representative may institute the suit or make the application
within the same period after the death, as would otherwise have been available to
that person had he not died. Explanation.—For the purposes of this section,
„minor‟ includes a child in the womb.
7. Disability of one of several persons.—Where one of several persons jointly
entitled to institute a suit or make an application for the execution of a decree is
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under any such disability, and a discharge can be given without the concurrence of
such person, time will run against them all; but, where no such discharge can be
given, time will not run as against any of them until one of them becomes capable
of giving such discharge without the concurrence of the others or until the
disability has ceased. Explanation I.—This section applies to a discharge from
every kind of liability, including a liability in respect of any immovable property.
Explanation II.—For the purposes of this section, the Manager of a Hindu
undivided family governed by the Mitakshara law shall be deemed to be capable of
giving a discharge without the concurrence of the other members of the family
only if he is in management of the joint family property.
8. Special exceptions.—Nothing in section 6 or in section 7 applies to suits to
enforce rights of pre-emption, or shall be deemed to extend, for more than three
years from the cessation of the disability or the death of the person affected
thereby, the period of limitation for any suit or application.
9. Continuous running of time.—Where once time has begun to run, no subsequent
disability or inability to institute a suit or make an application stops it: Provided
that, where letters of administration to the estate of a creditor have been granted to
his debtor, the running of the period of limitation for a suit to recover the debt shall
be suspended while the administration continues.
-Important Cases on sec 5 to 9 of limitation act.
Raj Bahadur Singh & Another v. D.J. & Others(Civil Misc.Writ Petition No.12718 of 2002) :
According to the learned Judge the application 4-Ga had been rejected on two grounds
firstly being barred by limitation and secondly being without any valid ground. Thus, the
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appeal filed by the respondents was fully maintainable. He further submitted that the
learned District Judge vide order dated11.2.2002 had admitted the appeal while over ruling
the preliminary objections and the writ petition filed by the petitioners is not maintainable.
In the present case the question is as to whether an appeal lies against an order passed by
the trial Court wherein it had by a common order rejected both the applications under
section 5 of the Limitation Act and Order9 Rule 13 C.P.C. on the ground that the application
is barred by Limitation and no ground for condonation of delay has been made out, or a
revision lies. If it is held that no appeal lies then the order admitting the appeal is wholly
without jurisdiction and in such a circumstance a writ petition is maintainable.
Sec 14 15 of limitation act
14 Exclusion of time of proceeding bona fide in court without jurisdiction. —
Sec 14 (1) In computing the period of limitation for any suit the time during which
the plaintiff has been prosecuting with due diligence another civil proceeding,
whether in a court of first instance or of appeal or revision, against the defendant
shall be excluded, where the proceeding relates to the same matter in issue and is
prosecuted in good faith in a court which, from defect of jurisdiction or other cause
of a like nature, is unable to entertain it.
(2) In computing the period of limitation for any application, the time during which
the applicant has been prosecuting with due diligence another civil proceeding,
whether in a court of first instance or of appeal or revision, against the same party
for the same relief shall be excluded, where such proceeding is prosecuted in good
faith in a court which, from defect of jurisdiction or other cause of a like nature, is
unable to entertain it.
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(3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of

Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in
relation to a fresh suit instituted on permission granted by the court under rule 1 of
that Order where such permission is granted on the ground that the first suit must
fail by reason of a defect in the jurisdiction of the court or other cause of a like
nature. Explanation.— For the purposes of this section,—
(a) in excluding the time during which a former civil proceeding was pending, the
day on which that proceeding was instituted and the day on which it ended shall
both be counted;
(b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting
a proceeding;
(c) misjoinder of parties or of causes of action shall be deemed to be a cause of a
like nature with defect of jurisdiction.
Sec 15 of Limitation Act, 1963.
(1) In computing the period of limitation any suit or application for the
execution of a decree, the institution or execution of which has been stayed by
injunction or order, the time of the continuance of the injunction or order, the
day on which it was issued or made, and the day on which it was withdrawn,
shall be excluded.
(2) In computing the period of limitation for any suit of which notice has been
given, or for which the previous consent or sanction of the Government or any
other authority is required, in accordance with the requirements of any law for
the time being in force, the period of such notice or, as the case may be, the
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time required for obtaining such consent or sanction shall be excluded. As per
explanation, in excluding the time required for obtaining the consent or
sanction of the Government or any other authority, the date on which the
application was made for obtaining the consent or sanction and the date of
receipt of the order of the Government or other authority shall both be
counted.
(3) In computing the period of limitation for any suit or application for
execution of a decree by any receiver or interim receiver appointed in
proceedings for the adjudication of a person as an insolvent or by any
liquidator or provisional liquidator appointed in proceedings for the winding up
of a company, the period beginning with the date of institution of such
proceeding and ending with the expiry of three months from the date of
appointment of such receiver or liquidator, as the case may be, shall be
excluded.
(4) In computing the period of limitation for a suit for possession by a

purchaser at a sale in execution of a decree, the time during which a
proceeding to set aside the sale has been prosecuted shall be excluded.
(5) In computing the period of limitation for any suit the time during which the
defendant has been absent from India and from the territories outside India
under the administration of the Central Government, shall be excluded.
Section 15 of the Limitation Act applies to a special or local law unless

expressly excluded as per Section 29(2) of the Limitation Act, 1963. In
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Trustees of the Port of Madras v. Mettur Chemical & Industries Ltd., Salem,
(AIR 1967 Mad. 109), it has been held that in a suit against the Port Trust the
period of notice can be excluded in computing limitation prescribed in Section
110 of the Port Trust Act.
The object of Section 15(1) is to safeguard the interest of the person who is
precluded by an injunction or order of Court from exercising a right of suit or
execution of a decree passed in his favour against his being injured or
damnified on that account.
As Section 15 refers to a suit or an application for execution, Section 15(1)

does not apply to appeals or applications other than the application for
execution. Section 15(1) is attracted for excluding the period of stay for any
suit institution of which has been stayed by an injunction or order issued by
Court. In order to invoke Section 15(1), there must be a decree which is
operative.
A party seeking to take advantage of Section 15(1) must show that he was
earlier restrained by an order from making the prayer which he is now making.
But if he could have done earlier what he is trying to do now, Section 15(1) will
not be attracted to his case.
In Ganpat Singh v. Kailash Shankar, (AIR 1987 SC 1443), the Supreme Court
has held that an application under Order XXI, Rule 95 of the CPC cannot be
construed as an application for execution.
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The principle of Section 15(1) has been applied when the suit is stayed under
Order XXXII, Rule 10 of CPC, in Govind Naik v. Basavanneva, (AIR 1941
Bom. 203).
Section 15(1) comes into play only where the institution of a suit or execution
of decree has been stayed by an injunction or order. In such a case the whole
period during which the injunction or order is in force must be excluded in
computing the period of limitation for such suit or application. It is immaterial
whether the stay is direct or indirect. Consequence of the order of the Court,
but the period of injunction is a period of time which has to be fully cut out,
removed out of reckoning and excluded in the computation of limitation for
execution.
The expression “stayed by injunction or order” in Section 15(1) has reference

to order of the Court and not to disability to sue or apply for execution. Section
15(1) applies only to injunction or order judicially made by the Courts but do
not extend to administrative instructions issued to Courts to keep execution
cases pending until further orders. In order to attract Section 15(1), it is only
the order of stay passed by the Court is necessary and not that the order is
proper or valid. In Jurawan v. Mahabir, (40 All. 198), it has been held that an
order merely giving time to the judgment- debtor for payment is not an order
staying execution or an injunction, and Section 15 does not apply.
In B. Singh v. S. Singh, (AIR 1983 P&H 174), it has been held that Section
15(1) of the Limitation Act applies also to cases of a partial stay, but only so as
to allow exclusion of the period of the stay in the computation of time for a
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further execution against the person or the property as against whom or which
execution was previously stayed and not so as to allow exclusion of that
period for the purposes of a future execution against persons or properties not
affected by the stay order.
Section 15(1) is not confined to cases of direct stay or injunction, but can be
executed to orders which indirectly but very affirmatively and effectually cause
a stay.
The period of exclusion under Section 15Ш starts from the date on which the
injunction or order staying the suit or execution is passed and continues till the
date of its withdrawal. For that purpose both the starting and closing days as
well as the period intervening them should be excluded.
As per Section 15(2), the period of notice given in accordance with the
requirement of any enactment for the time being in force shall be excluded.
In IPS Trading Co. v. Union of India, (AIR 1973 Cal. 74), it has been held that
where a plaintiff is required to give notice to the Government under Section 80
of the CPC, he is entitled to exclude the period of notice in computing the
period of limitation prescribed for the suit as per Section 15(2) of the Limitation
Act.
Section 15(2) expressly provides for the exclusion of the period required for
obtaining the previous consent or sanction of the Government or any other
authority in computing limitation.
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In Premlata v. Lakshman, (AIR 1970 SC 1525), it is held that under sub-

section (2) of the Section 15, the notice must be a notice of suit and the
enactment requiring the notice to be given must prescribe the period of notice
before the expiry on which the claimant cannot institute a suit.
In TPK Nair v. Union of India, (AIR 199 Ker. 80), it has been held that even if
notice under Section 80 of the CPC was not strictly needed to be served upon
the Government but when such a notice was served and the suit was
instituted two months of the last date of limitation, then it is within time in view
of Section 15(2) of the Limitation Act.
Section 15(2) will not be attracted where the plaintiff has no cause of action
against the Union of India.
Where the notice under Section 80 of the CPC was issued before the accrual
of cause of action the period of notice will not be excluded under Section
15(2).
Under Section 15(3) of the Limitation Act, a receiver including an interim

receiver or a liquidator including a provisional liquidator appointed in a
proceeding for adjudication of a person as an insolvent or in proceeding for
the winding up of a company as the case may be is entitled for the exclusion
of the period between the date of application and the date of appointment and
also additional period of three months thereafter in computing the period of
limitation for filing suit or execution as such receiver or liquidator. Section
15(3) has specifically provided for giving him a period of three months after his
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appointment to file a suit or a petition for executions as he requires time to

acquaint himself with the affairs of the estate or of the company, as the case
may be.
To obtain the benefit of Section 15(4), the following conditions have to be

fulfilled:
(i) The suit should be one for possession by the purchaser at a sale in
execution of the decree; and
(ii) It should be a suit and not an application.
If the above conditions are fulfilled then the time during which a proceeding for
setting aside the sale had been prosecuted shall be excluded. As Section
15(4) only attracts a suit and not an application, the application under Order
XXI, Rules 95 and 96 of the CPC will not attract Section 15(4) of the Limitation
Act.
Section 15(5) of the Limitation Act has reference only to the absence of the
defendant from the realm, not to that of the plaintiff. A plaintiff out of the realm
may prosecute a suit by his attorney, but when the defendant is out of the
realm it is very hard to call upon the plaintiff to institute a suit.
The plaintiff’s voluntary absence in a foreign country cannot bar the operation
of limitation. Section 15(5) is equally inapplicable even if the plaintiff’s
absence may be involuntary through transportation.
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In sub-section (5) of Section 15, the defendant is one who was at one time
present in India and later has been absent from India. A person who has never
been in India cannot be considered as having been ‘absent from India’. The
onus is upon the plaintiff to prove that the defendant has been absent from
India or from the territories under the administration of Government of India.
In P.J. Johnson v. Astrofied Armadorn, [AIR 1989 Ker. 53 (FB)], the Court has
held that in a suit for recovery of money for goods and services supplied to the
ship of a foreign Corporation the foreign corporation was never present in
India and necessarily, therefore, was never absent from India and Section
15(5) cannot, therefore, be attracted while computing the period of limitation
for a suit filed in India against such corporation to recover the price of goods
and services.
In Jivanraj v. Babaji, [29 Bom. 68 (70)], it has been held that the period of
defendant’s absence would be deducted from computation, no matter whether
such absence took place before or after the accrual of the cause of action.
In Muthukanni v. Andappa, [AIR’ 1955 Mad, 96 (FB)], it has been held that in a
suit against partners, where one of the partners is absent from India, it has
been held that the fact of his absence entitles the plaintiff b. to deduct the time
not against all the defendants, but against the absentee defendant only; and
the fact that the plaintiff has allowed the suit to be barred against the other
partners who are present in India during the absence of the absentee is not a
ground for holding that the claim against the absentee is also barred by
limitation.
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Section 15(5) of the Limitation Act applies even where to the knowledge of the
plaintiffs, the defendants (partners in a firm) are during the period of their
absence carrying on business in India through an agent, who is empowered to
institute and defend suits.
Sec 18, 19 of Limitation Act, 1963.
Sec 18
Section 18 of the Limitation Act, 1963 provides that:
(1) Where, before the expiration of the prescribed period for a suit or
application in respect of any property or right, an acknowledgment of liability in
respect of such property or right has been made in writing signed by the party
against whom such property or right is claimed, or by any person through
whom he derives his title or liability, a fresh period of limitation shall be
computed from the time when the acknowledgment was so signed.
(2) Where the writing containing the acknowledgment is undated, oral

evidence may be given of the time when it was signed; but subject to the
provisions of the Indian Evidence Act, 1872, oral evidence of its contents shall
not be received.
Explanation:
For the purpose of this Section, —

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(a) An acknowledgment may be sufficient though it omits to specify the exact

nature of the property or right or avers that the time for payment, delivery,
performance or enjoyment has not yet come or is accompanied by a refusal to
pay, deliver, perform or permit to enjoy, or is coupled with a claim to set off, or
is addressed to a person other than a person entitled to the property or right;
(b) The word ‘signed’ means signed either personally or by an agent duly
authorized in the behalf; and
(c) An application for the execution of a decree or order shall not be deemed
to be an application in respect of any property or right;
Acknowledgement is a statement in writing that a debt is due and unpaid.

Under the Indian Law, acknowledgment means a definite admission of liability;
it is not necessary that there should be a promise to pay, and the simple
admission of a debt is sufficient. In India, an acknowledgment in which there is
no express promise implying a new contract to pay, must be made before the
debt is barred by time, and in this respect an acknowledgement under Section
18 of the Limitation Act differs from a promise to pay a barred debt under
Section 25(3) of the Contract Act. An Acknowledgement does’ not create a
new right of action but merely extends the period of limitation.
The acknowledgment, if any has to be prior to the expiration of the prescribed

period for filing the suit, in other words, if the limitation has already expired, it
would not revive under Section 18. It is only during subsistence of a period of
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limitation, if any such document is executed, the limitation would be received

fresh from the said date of acknowledgement.
An acknowledgment is not limited in respect of a debt only it may be in

respect of ‘any property or right’ which is the subject-matter of the suit.
In Preet Mohinder Singh v. Mohinder Parkash [AIR 1989 SC 1775] it has been
held by the Supreme Court that a recital in a sale deed executed by the
mortgagee in respect of the transfer to the purchaser the right of recovering
the principal amount and interest according to the mortgage deed as an
acknowledgement that mortgage money remains unpaid and also that the
mortgagor had subsisting right of redemption which he could exercise against
the mortgagee.
Mere statement expressing jural relationship between parties does not

constitute acknowledgement. The endorsement itself must contain the
acknowledgement either express or implied but surrounding circumstances
can be taken into consideration in construing the words used in writing.
Promise to pay is not acknowledgement. An acknowledgement need not

contain a promise to pay either in express terms or even in an implied way;
what is necessary is that there should be an admission of the subsisting
liability. Even if such admission is accompanied by a refusal to pay, its
character as an acknowledgement will not be altered.
The acknowledgement of liability must be in writing. Oral evidence is to be

excluded. The acknowledgement has to be signed by the party against whom
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the property or right is claimed. It has to be within the period of limitation. So,
just sending a letter to the higher authorities to settle the dues does not
amount to acknowledgement.
The acknowledgement within the meaning of Section 18 of the Limitation Act

must be unqualified. It must be an acknowledgement of an existing liability. An
admission of liability coupled with a declaration as to the arrangement
proposed for its satisfaction is an acknowledgement of liability, or with a prayer
to grant time for payment, in such a case limitation will be saved only to the
date of the letter of acknowledgement and not upto the time mentioned in the
letter.
A mere reference to arbitration does not amount to an acknowledgement. An

agreement to refer the matter in dispute to arbitration and the award thereon
would amount to an acknowledgement of the debt.
Section 18 of the Limitation Act deals with the requirement for an authority of
acknowledgement which can be summarised as under:
(i) An admission of the acknowledgement;
(ii) Such acknowledgement must be in respect of a liability in respect of

property or right;
(iii) It must be made before the expiry of the period of limitation; and
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(iv) It should be in writing and signed by the party against whom such property
or right is claimed or an agent duly authorised in this behalf.
Section 18 of the Limitation Act is applicable to local or special laws, unless

expressly excluded as per Section 29 of the Limitation Act. Section 18 is not
applicable for execution of decree.
An acknowledgement does not create any new right. It only extends the
period of limitation. The person claiming benefit of an acknowledgement must
be bona fide. The onus lies on the creditor to prove that the acknowledgement
was made within time.
The correct interpretation of the words ‘prescribed period’ in Section 18 is that

the acknowledgement or payment should have been made before the claim
had become time-barred, and that is prescribed period. The Section 18
requires that the payment must be made within the prescribed period. It does
not require that the writing should be made before the expiry of the prescribed
period where the plaintiff in a suit for redemption relies on acknowledgement
he must show that it was made before the expiry of the period of limitation.
In Sampuran Singh v. Niranjan Kaur [AIR 1999 SC 1047], the Supreme Court
has held that the acknowledgement of liability has to be made prior to the
expiry of the period of limitation and if the limitation has already expired, it
would not revive a suit under Section 18 of the Limitation Act, 1963.
It is pointed out that it is only during the subsistence of the period of limitation,
if any document is executed acknowledgement the dues, the limitation would
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be received afresh from the said date of acknowledgement. Thus the

acknowledgement of liability which must be in writing by the party against
whom the property or right is claimed has to be within the period of limitation.
In P. Sreedevi v. P. Appu [AIR 1991 K.er.76], it has been held that an

admission of past liability, that is, a debt already barred by limitation is not
material and it is the admission of subsisting liability that is an
acknowledgement of liability giving rise to fresh start of limitation. Therefore,
there must appear that the statement is made with relation to admit an
existing jural relationship of debtor and creditor.
An acknowledgement has the effect of making a new period run from the date
of acknowledgement. It does not create a new contract. It must, therefore
distinct from a novation of contract within the meaning of Section 62 of
Contract Act. Therefore, an acknowledgement of a barred debt cannot give a
fresh period of limitation in favour of the credit. However, a time barred debt
cannot be revived by an acknowledgement but it can be revived only by a new
contract that is by promise to pay under Section 25(3) of the Limitation Act.
Even if the acknowledgement be a conditional one, the condition must be

fulfilled that such acknowledgement should save limitation.
It is not necessary that the acknowledgement of liability must be made to the

person who is entitled to the right in respect of which the liability arises, or to
any one through whom he claims. An acknowledgement, to whomsoever
made, is a valid acknowledgement if it points with reasonable certainty to the
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liability under dispute. Thus an admission of liability in respect of a decree

amounts to an acknowledgment although the admission is not made to the
decree-holder.
An admission of liability contained in a deed of gift executed by the debtor or

in a will of a deceased is a valid acknowledgement. A statement contained in a
Kabala that a certain mortgage on some of the properties comprised in the
Kabala is still subsisting is an acknowledgment.
If the insolvent writes down a debt in his schedule as owing the debt to a
named person and signs the schedule, it would operate as an
acknowledgement under Section 18 of the Limitation Act.
An acknowledgement without signature is no acknowledgement. Signature

need not necessarily be by writing one’s name. Making his mark by an
illiterate debtor is sufficient. Under Section 3(52) of the General Clauses Act,
“Sign should, with reference to a person who is unable to write his name,
includes his mark”. Initials are equivalent to signature.
As per explanation (b) of Section 18 of the Limitation Act, it is not necessary

that the acknowledgement must be in the handwriting of the maker. But it
must be signed by the person making it or by his agent otherwise it will not be
valid.
In the case of acknowledgement made by an agent, it is necessary for the

plaintiff to prove that the agent was duly authorised by the defendant to make
an acknowledgement of a liability on his behalf. In the case of
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acknowledgement made by an agent, it is further necessary for the plaintiff to

prove that the agent was duly authorised by the defendant to make an
acknowledgement of a liability on his behalf. An acknowledgement by an
agent being sufficient to affect has principal – acknowledgement by one party
will, it is apprehended, be regarded as an acknowledgement by the firm.
To attract the explanation (b) of Section 18(1), a special power of attorney

acknowledging debt is not necessary, general authroisation is sufficient.
Unstamped acknowledgement is not acknowledgement. If any

acknowledgement is unstamped, it, no doubt, comes within the mischief
In Tanjore Ramchandra v. Vellyanandan, [14 Mad. 258 (PC)] it has been held
that the acknowledgement does not entitle the creditor to claim interest at a
higher rate than that which was prevailing upto the date of acknowledgement.
In Velayudu v. Narasimha, [32 MLJ 263] -it has been held that an
acknowledgement of a mortgage -debt is good not only as against the person
acknowledging, but also as against those deriving title under him even prior to
the date of acknowledgement and subsequent to the debt acknowledged.
Sec 19-
Where payment on account of a debt or of interest on a legacy is made before

the expiration of the prescribed period by the person liable to pay the debt or
legacy or by his agent duly authorized in this behalf, a fresh period of
limitation shall be computed from the time when the payment was made.
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Provided that save in the case of payment of interest made before the 1st day
of January, 1928, an acknowledgement of the payment appears in handwriting
of, or in a writing signed by, the person making the payment.
For the purposes of Section 19, according to the explanation,
(a) Where mortgaged land is in the possession of the mortgagee, the receipt
of the rent or produce of such land shall be deemed to be a payment;
(b) ‘Debt’ does not include money payable under a decree or order of a Court.
Section 19 does not prevent the operation of Section 18 and the two sections
are not mutually exclusive. Section 18 only operates against the person who
makes the acknowledgement, but Section 19 makes the part- payment good
in favour of any suit on that liability. Under Section 19 all that is necessary is
that an acknowledgement of payment should appear in the handwriting of or
be signed by the person making it. But this is not enough under Section 18.
Under Section 18 there must be an admission of existing liability, while under
Section 19 it is enough if the writing merely records the fact of payment.
An acknowledgement under Section 18 must be by the person against whom

property or right is claimed or by some person through whom he derives his
title or liability to payment. For the purpose of Section 19 it will only be by the
person liable to pay debt.
Mere endorsement of payment without anything more will not operate as an

acknowledgement under Section 18 of the Limitation Act and it will be too
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broad a proposition to lay down that every endorsement of subsisting liability

for debt would amount to acknowledgement. In Ramchandra v. Giridharilal,
[ILR (1964) 15 Raj. 282] it has been held that endorsement of the debtor on
the back of the hand note in the handwriting of the debtor that certain amounts
were paid by the debtor on a certain date attracts only Section 19 but that
does not amount to acknowledgement of liability within the meaning of Section
18.
If the endorsement is not by the debtor but by the creditor that would not
amount to payment to attract Section 19. In Today Stationers and Gift Centres
v. Allahabad Bank, [2004(1) ICC 166 (P&H)] it has been held that mere entry
by the bank in its books of account of the interest due to the debtor would not
stop the time running because such unilateral entry by the bank in his books
of account was not based on mutual transactions and are unilateral action by
the bank.
Section 19 of the Limitation Act applies only to a suit for a debt both secured
and secured or legacy or to the case of a mortgage with possession. It does
not apply to a suit for redemption of a mortgage. The proviso to this section
does not apply where the mortgaged land is in possession of the mortgagee.
Section 19 of the Limitation Act does not make a distinction between a

payment of interest and a payment of principal.
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The word ‘prescribed’ in Section 19 means the period prescribed in the first
schedule and the Limitation Act and not the period within which the plaintiff
may bring his suit.
A payment by cheque satisfies the requirement of Section 19 of the Limitation

Act in as much as the acknowledgement of payment appears in the
handwriting of or in a writing signed by the person making the payment in the
form of a cheque. Regarding post-dated cheque, the payment for purposes of
Section 19 can only the date which the cheque bears and cannot be on the
date of the cheque is handed over, for the cheque, being postdated, can never
be paid till the date on the cheque arrived.
A payment saves limitation under Section 19 if it is made by a person liable to

pay it. The expression ‘person liable to pay is of wide connotation. It is not
restricted to personal liability only. It will cover the property liability also.
The fact of part-payment of the principal of a debt, interest on principal must

appear in the handwriting of, or in a writing signed by the person making the
payment and not in that of any other person, even though the latter may have
been expressly authorized to endorse the fact of payment. Where the
payment is made by a person who does not know how to write the
endorsement it may be made in the handwriting of a third party and the payer
may subscribe his mark to the endorsement.
In order to attract Section 19, payment has to be made within the period of
limitation and not that the acknowledgement of such payment has to be made
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within the period of limitation. It will suffice if it is signed before the suit is
commenced.
Under Section 19 it is the payment which extends the limitation and such
payment has to be proved in a particular way, namely, a written or signed
acknowledgement. That is the only mode of proof of such payment.
Payment of part of the mortgage-debt made by one of the mortgagors will give
a fresh start of limitation to the mortgagee not only against the mortgagor
making the payment but also against all the mortgagors..
The agent who can give the creditor the benefit of Section 19 has to act within
the terms of his authority. The guardian of a minor appointed under the
guardians and wards Act is an agent authorized to make a part- payment of
the principal of a debt due by the ward, if it is shown that the guardian’s act is
for the protection and benefit of the wards property.
It is not necessary that the agent should be authorized in writing to make a

payment, nor that he should be expressly authorized; it is sufficient that the
authority is implied. Payment by the principal debtor does not give a fresh
starting point against the surety. If a suit is barred by limitation as against the
principal debtor, but if the surety has made certain payments and
endorsements on the bond on which the suit is based, the plaintiff is entitled to
a decree against the surety.
Explanation (a) to Section 19 is meant to extend the time for a suit by the
mortgagee to recover a debt secured by the Usufructuary mortgage, and does
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not apply to a suit for redemption by the mortgagor. If the mortgagee is in

possession of the mortgaged land and receive the produce of the land in lien
of interest, such receipt of produce must be deemed to be payment of interest
in Dadia Bhailal Motichand v. Vanad Maganlal Hirabhai, [AIR 1966 Guj. 59] it
has been held that where rent note is executed by the mortgagor
simultaneously with the mortgage, the transaction is a mortgage with
possession, and limitation runs from the date when the part-payment was
made by the mortgagor to the mortgagee. ‘Land’ in Explanation (a) to Section
19 includes house.
Explanation (b) to Section 19 of Limitation Act lays down that ‘debt’ does not
include money payable under a decree or order of the Court.
Sec 25 of Limitation Act, 1963.
25. Acquisition of easements by prescription.—(1) Where the access and use of

light or air to and for any building have been peaceably enjoyed therewith as an
easement, and as of right, without interruption, and for twenty years, and where
any way or watercourse or the use of any water or any other easement (whether
affirmative or negative) has been peaceably and openly enjoyed by any person
claiming title thereto as an easement and as of right without interruption and for
twenty years, the right to such access and use of light or air, way, watercourse, use
of water, or other easement shall be absolute and indefeasible. (2) Each of the said
periods of twenty years shall be taken to be a period ending within two years next
before the institution of the suit wherein the claim to which such period relates is
contested. (3) Where the property over which a right is claimed under sub-section
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(1) belongs to the Government that sub-section shall be read as if for the words
“twenty years” the words “thirty years” were substituted. 10 Explanation.—
Nothing is an interruption within the meaning of this section, unless where there is
an actual discontinuance of the possession or enjoyment by reason of an
obstruction by the act of some person other than the claimant, and unless such
obstruction is submitted to or acquiesced in for one year after the claimant has
notice thereof and of the person making or authorizing the same to be made.
Sec 27 of limitation act.
According to the Section 27 of the Limitation Act, 1963, at the determination of

the period hereby limited to any person for instituting a suit for possession of
any property, his right to such property shall be extinguished.
The principle underlying the Section 27 of the Limitation Act is that the person
having the right to possession suffers his right to the property barred by law of
limitation.
Section 27 only applies to persons who are out of possession and seeks to
recover possession, but not to the case of a person who is still in possession
of the property. Where no period of limitation is provided, then Section 27
does not apply. Section 27 applies only to suits and not to applications.
Section 27 is an exception to the general principle that the law of limitation

only bars the remedy but does not extinguish the right itself. So far as a suit
for possession is concerned, Section 27 states that at the determination of the
period thereby limited to any person instituting a suit for possession being out
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of possession, his right to such property shall be extinguished. Section 27 is

not actually related to the law of limitation but to a law of prescription which
has to be distinguished from the law of limitation.
Section 27 is not merely procedural but substantial. The Section 27 only

extinguishes the title of the rightful owner.
If the rightful owner, therefore, does not institute any suit for recovery of
possession within a period prescribed for such suit, then the right of the said
rightful owner is extinguished and the person in wrongful possession shall
acquire title over it.
The principle of Section 27 also applies in areas where the Limitation Act does
not apply. In Kartar Singh v. Khankha, (AIR 1935 Lah. 787), it has been held
that even though the Section 27 does not apply in terms to Special or Local
Acts, but the principle underlying Section 27 applies to local laws. In
Balwantah v. Ganpat, 1975 MVLJ 9), it has been held that failure to sue for
possession within the time prescribed by the time prescribed in Bombay
Tenancy Act has also the effect of extinguishing the right of that person to
entitle to sue under the Act.
Where a person goes out of India voluntarily or under compulsion, it is his

duty, to make some arrangement to look after his property left in India. When
he does not do that and a person enters the land openly and continues to
possess in assertion of his right and completes the requisite number of years,
he acquires title by adverse possession under Section 27 of the Limitation Act.
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Section 27 of the Limitation Act is limited to suits for possession of the

property. So it does not apply to a suit by a mortgagee for recovery of the
money due to him by sale of the mortgage property. The mortgagor’s remedy
may be barred if he omits to sue within the statutory period, but his right is not
extinguished.
In Unify & Co. v. D. Sugar Mills, (AIR 1970 Cal. 80), it has been held that
Section 27 applies to both movable and immovable property for the
possession of which the right has to be exercised within the period of
limitation prescribed for such recovery failing which the right to such property
shall be extinguished by virtue of Section 27 of the Limitation Act.
In Shankaram v. Veeramani, (AIR 1957 Ker. 117), it has been held that a suit
for redemption of a usufructuary mortgage and the suit for recovery of
property under Article 65 of the Limitation Act would attract Section 27 of the
Limitation Act.
The effect of Section 27 is that right to property shall be extinguished after

expiry of the period limited for instituting a suit for possession of the property.
Where the plaintiff fails to bring the suit for possession based on his title within
12 years of dispossession of the immovable property by the defendant his suit
would fail as there would be complete extinguishment of his title. However,
any suit brought before expiry of 12 years of dispossession would arrest the
period of adverse possession and a decree passed in his favour would relate
back to the date of institution of the suit, irrespective of the time taken for
prosecuting the suit and the execution.
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Once the person’s title to the property has been extinguished by adverse
possession his re-entry to the property will not revive the lost title.
In Fakirappa v. Ningappa, (AIR 1949 Bom. 266), it has been held that under
Section 27 of the Limitation Act right itself is extinguished. Twelve years
adverse possession of land by a wrong-doer not only bars the remedy of the
original owner to recover possession but also extinguishes his title and
confers a good title upon the wrong-doer.
A person who claims adverse possession has to prove that he has remained
in uninterrupted possession of the property to the knowledge of the true owner
and has denied the title of the true owner and asserted his own rights of
ownership in the property to the exclusion of the true owner. Otherwise mere
possession for any number of years cannot constitute adverse possession.
Adverse possession implies that it commenced in wrong and is maintained
against right.
‘Possession’ means effective physical control or occupation. There are three

requisites of possession:
(i) There must be actual or potential physical control;
In Zile Singh v. Munshi, (AIR 1990 P&H 50), it has been held that when after
the order of eviction was passed the tenant was continuing in possession for
more than 12 years and the landlord did not file any execution for possession
within the above period the right to recover possession has been lost by lapse
of time. However, it is a case in which right may be subsisting but remedy lost.
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In Ajit Chopra v. Sadhuram, (AIR 2000 SC 212), the Supreme Court has made
it clear that even if the execution of the decree for execution is barred by
limitation that does not debar the landlord filing a suit for recovery of
possession based on title.
In Manmohan Service Station v. Md. Haroon Japanwala, (AIR 1994 Del. 337),
it has been held that when a tenant encroached upon the portion of landlord’s
property which is not part of his premise he cannot claim adverse possession
in respect of such encroached land.
The Registration Act, 1908
Sec 17 of the act.
The Registration Act, 1908 serves the purpose of proper recording and
registration of documents/instruments, which give them more authenticity.
Registration means recording of the contents of a document with a
Registering Officer and preservation of copies of original document.
Documents are registered for the purpose of conservation of evidence,
assurance of title, publicity of documents and prevention of fraud.
Object of Registration Act
The object of Registration and inter-alia Registration Act is elaborately

discussed by Hon’ble Supreme Court in case of Suraj Lamp and Industries
Pvt. Ltd. versus State of Haryana and Another AIR 2012 SC 206, as under:
“The Registration Act, 1908, was enacted with the intention of providing
orderliness, discipline and public notice in regard to transactions relating to
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immovable property and protection from fraud and forgery of documents of

transfer.”
Registration of Document
The documents registrable under the Act fall under three categories.
In the first category, documents relating to transactions which according to

the substantive law, can be affected only by registered documents. In order for
a transaction to be valid must be effected by a registered instrument only.
What it provides is that when there is a written instrument evidencing a
transaction, it must, in certain cases, be registered. Under section 17 of the
Registration Act, the compulsorily registrable documents are given.
In the second category, certain transactions can be effected without writing,

i.e. partitions, releases, settlements etc. But, if the transaction is evidenced by
a writing and relates to immovable property, the Registration Act steps in and
clauses (b) and (c) of Section 17(1) of said Act require registration of such
documents, subject to the exception specified in sub-section 2 of that section.
If an authority to adopt is conferred in writing, other than a Will, it is also
required to be registered vide section 17(3).
In the third category, it is open to the parties, if they so choose, to get certain
documents registered at their option and this is permitted by section 18. ‘Will’
need not be registered but it is open to the parties to get it registered under
the third category.
Under the Registration Act, the following documents are compulsorily

registrable.
1. Instruments of gift of immovable property.

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2. Other non-testamentary instruments which purport or operate to create,

declare, assign, limit or extinguish, whether in present or in future, any
right, title or interest, whether vested or contingent, of the value of one
hundred rupees and upwards, to or in immovable property.
3. Non-testamentary instruments which acknowledge the receipt or

payment of any consideration on account of the creation, declaration,
assignment, limitation or extinction of any such right, title or interest.
4. Leases of immovable property from year to year, or for any term

exceeding one year, or reserving a yearly rent.
5. Non-testamentary instruments transferring or assigning any decree or

order of a Court or any award when such decree or order or award purports
or operates to create, declare, assign, limit or extinguish, whether in
present or in future, any right, title or interest, whether vested or contingent,
of the value of one hundred rupees and upwards, to or in immovable
property.
Limitation for registration of a document
Limitation for registration of a document under Section 23 of the Act, subject

to certain exceptions, any document other than a Will has to be presented for
registration within four months from the date of its execution. The term
‘execution’ means signing of the agreement.
Section 17 deals with documents of which registration is compulsory.
Sec 18 of the Registration act.

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The real purpose of the Registration Act, 1908 (the Act) is to provide a method
of public registration of documents so as to give information to people
regarding legal rights and obligations arising or affecting a particular property,
and to perpetuate documents which may afterwards be of legal importance,
and to secure every person dealing with any property against fraud. The
scheme of the Act is to consolidate the law relating to registration.
Registration lends inviolability and importance to certain types of documents.

At the time of registration, it is very essential to see that the officer is duly
competent to register a document and that the document is not presented to
unqualified or a wrong registration circle, as otherwise such registration would
be of no use or validity. If the language in the document is not understood by
the registering officer, he shall refuse to register the document. Also, no non-
testamentary deed relating to immovable property would be accepted for
registration, unless it contains a description of such property sufficient to
identify the same.
If an instrument is compulsorily registrable, it should be presented for

registration before an officer who is competent to register such document
which can be read under Section 17 of the Act. However, in case of an
instrument which is not compulsorily registrable, it is complete without
registration.
At this juncture, it is very essential to refer Section 18 of the Act, 1908 which
deals with “Documents of which registration is optional”.
Section 18 of the Registration Act, 1908- Documents of which registration is

optional
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Any of the following documents may be registered under this Act, namely:
(a) instruments (other than instruments of gift and wills) which purport or
operate to create, declare, assign, limit or extinguish, whether in present or in
future, any right, title or interest, whether vested or contingent, of a value less
then one hundred rupees, to or in immovable property;
(b) instruments acknowledging the receipt or payment of any consideration on

account of the creation, declaration, assignment, limitation or extinction of any
such right, title or interest;
(c) leases of immovable property for any term not exceeding one year, and
leases exempted under Section 17;
(cc) instruments transferring or assigning any decree or order of a Court or

any award when such decree or order or award purports or operates to
create, declare, assign, limit or extinguish, whether in present or in future, any
right, title or interest, whether vested or contingent, of a value less than one
hundred rupees, to or in immovable property;]
(d) instruments (other than wills) which purport or operate to create, declare,
assign, limit or extinguish any right, title or interest to or in movable property;
(e) wills; and
(f) all other documents not required by Section 17 to be registered.
** Sec 23 to 31 of The Registration Act 1908.

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Introduction
The provisions relating to the registration of documents are now scattered about in seven
enactments. This will make the law more easily ascertainable. It will further clear the Statute-
book of three entire Acts and will enable two more Acts to be entirely removed from it on the
coming into force of the Code of Civil Procedure, 1908, and of the Indian Limitation Bill, now
before Council. The opportunity has been taken to incorporate alterations of a formal character
intended merely to improve and simplify the language of the existing Act. The numbering of the
sections of the Act of 1877 has been preserved. It has been found that the mere process of
consolidation might result in the law being changed in some respects. To avoid this some few
amendments appear to be necessary.
Purpose of the Act
The purpose of the Registration Act, amongst other things, is to provide a method of public
registration of documents so as to give information to people regarding legal rights and
obligations arising or affecting a particular property, and to perpetuate documents which may
afterwards be of legal importance, and also to prevent fraud. Registration lends inviolability and
importance to certain classes of documents.
Registration procedure in the Act
The scheme of the Act is to consolidate the law relating to registration and to provide for the
establishment of its registration. It lays down what documents require compulsory registration.
S. 23 of the Act provides the time for presenting the documents for registration.
It provides limitation for getting a document registered. S.25 provides for condonation of delay in
presenting documents for registration. S. 34 specifically provides for that enquiry, that can be
held before the registration by the Registering Officer: Central WarehousingIt is well settled that
an instrument which creates a right or interest in the rents, profits, benefits and income from an
immovable properly, is a document which is compulsorily registrable. Thus, a document creating
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an assignment of a debt will not require registration, but a document assigning rents will require
registration. If the power of attorney in question is to be treated as creating an equitable
assignment of rents, it will require registration and if not registered, will be void and
unenforceable. The power of attorney does not create or recognize any right in or relating to any
immovable property or benefit arising there from in favor of the bank. It merely authorizes the
bank to act as the company's agent to perform the acts stated therein.
The question whether a machinery which is embedded in the earth is movable property or an
immovable property, depends upon the facts and circumstances of each case; primarily, the
Court will have to take into consideration the intention of the parties when it decided to embed
the machinery whether such embedment was intended to be temporary or permanent (case
under Stamp Act, 1899)
Conclusion
The registrations act illustrates about the procedure of registering, what documentations should
be registered and how it should be done. The registration of Will documents, powers and duties
of the registrations department. It also explains about the penalties and punishment for not
following the procedure and not completing things on time. This Acts brings a good
administration system among government offices and the court system that everything should
be managed with in time and in a proper procedure in order to avoid future confusions.
** Sec 47- 50
47. Time from which registered document operates.—A registered document shall
operate from the time from which it would have commenced to operate if no
registration thereof had been required or made, and not from the time of its
registration. 48. Registered documents relating to property when to take effect
against oral agreements.— All non-testamentary documents duly registered under
this Act, and relating to any property, whether movable or immovable, shall take
effect against any order agreement or declaration relating to such property, unless
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where the agreement or declaration has been accompanied or followed by delivery

of possession 1 [and the same constitutes a valid transfer under any law for the
time being in force: Provided that a mortgage by deposit of title-deeds as defined
in section 58 of the Transfer of Property Act, 1882 (4 of 1882), shall take effect
against any mortgage-deed subsequently executed and registered which relates to
the same property]. 49. Effect of non-registration of documents required to be
registered.—No document required by section 17 1 [or by any provision of the
Transfer of Property Act, 1882 (4 of 1882)], to be registered shall— (a) affect any
immovable property comprised therein, or (b) confer any power to adopt, or (c) be
received as evidence of any transaction affecting such property or conferring such
power, unless it has been registered: 1 [Provided that an unregistered document
affecting immovable property and required by this Act or the Transfer of Property
Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in
a suit for specific performance under Chapter II of the Specific Relief Act, 1877.
Unit -3 Bench Bar Relations
1. The Advocates Act , 1961
 To implement the recommendations of the All India Bar Committee (fully

endorsed by fourteenth Report of the Law Commission in 1955), the
Advocates Act, one thousand nine hundred sixty one was enacted. The Act
extends to the whole of India, except the State of Jammu and Kashmir. The
Act provides for amending and consolidating the law relating to legal
practitioners and to provide for the constitution of State Bar Councils and an
All India Bar Council (for the first time in India). The Act took away the
powers till then vested in the Courts, in the matter of admission of advocates
and the maintenance of the rolls, and their disciplinary conduct (subject to an
ultimate appeal to the Supreme Court). These powers now vest in the Bar
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Councils. Every Bar Council constituted under the Act is a body corporate
having a common seal, and may, by the name of which it is known sue arid
be sued.
 The main features of the Act are,
 (1) Establishment of an All India Bar Council and a number of State Bar
Councils – a federal structure for legal profession. An advocate is initially
enrolled with a State Bar Council and a common roll of all the advocates in
the country is maintained by Ail India Bar Council.
 2) Integration of the bar into a single class of legal practitioners known

as advocates.
 (3) A uniform qualification for the admission as advocates viz, degree in law.
 (4) Division of advocates into senior advocates and other advocates based on
merit.
 (5) No advocate can get himself enrolled with more than one State Bar
Council, though he can get himself transferred from one State Bar Council
to another.
 Bar Council of India
 Composition – The Bar Council of India consists of
 (a) the Attorney-General of India ex-officio

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 (b) the Solicitor-General, ex-officio,
 (c) one member elected by each State Bar Council from amongst its
members.
 There are elected Chairman and a Vice-Chairman of the Council, and, a

Secretary and an Accountant The Bar Council of India has been authorized
to constitute one or more of the following committees,
 (1) Legal Aid Committee
 (2) Disciplinary Committee
 (3) Executive Committee
 (4) Enrolment Committee
 (5) Legal Education Committee,
 Every Disciplinary Committee is to consist of three members, two persons to

be elected from amongst its members and one other to be co-opted from
such members as have at least ten years’ practice. The senior-most advocate
from amongst its members is to be chairman of the committee. The Legal
Education Committee consists of ten members of whom five persons elected
by the Council from amongst its members and the other five are those who
are not members of the Council.
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 The main source of income of the Bar Council of India is the contribution of
forty per cent out of the fee of Rupees two hundred fifty paid by each
applicant for enrolment to the State Bar Council.
 Functions – Main functions of the Bar Council of India include,
 (1) To prepare and maintain a common roll/roster of all the advocates in the
country.
 (2) To lay down standards of professional conduct and etiquette for

advocates and rules regarding enrolment, suspension, etc., of advocates.
 (3) To safeguard the rights, privileges and interests of advocates.
 (4) To exercise general supervision and control over State Bar Councils, to
deal with and dispose of any matter arising under Act, which may be
referred to it by a State Bar Council.
 (5) To promote and support law reforms.
 (6) To promote legal education and to lay down standards of such education
in consultation with Universities and State Bar Councils.
 (7) To recognize Universities whose degree will qualify a person to be

enrolled as an advocate and to recognize foreign law degrees,
 (8) To conduct seminars and talks on legal matters and to publish legal
journals.
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 (9) To organize legal aid to the poor.
 (10) To manage and invest the funds of the Bar Council.
 (11) To provide for the election of its members.
 Powers –Apart from the powers already enumerated, the Bar Council of
India (BCI) has been specifically conferred special powers,
 (1) Power to remove name from the rolls– The BCI is empowered, either on
a reference made to it or otherwise, if it is satisfied that any person has got
his name entered in the roll of the Advocates by misrepresentation, to
remove such person from the roll after giving him an opportunity of being
heard. Besides, the name of advocate may be removed from the roll as
punishment for misconduct in disciplinary proceedings.
 (3) Directives- Section 48B empowers the BCI for the proper and efficient
discharge of the functions of a State Bar Council or any Committee thereof,
to give such directions to the State Bar Council or its Committee as may
appear it to be necessary, and the latter has to comply with the directions.
Where a State Bar Council is unable to perform its functions for any reason
whatsoever, the BCI may give such directions to the ex-officio member
thereof as may appear to it to be necessary, and such directions shall have
effect, notwithstanding anything contained in the rules made by the State
Bar Council.
 (4) Rule-making power- Section 15 enumerates the powers of the State Bar
Councils/BCI to make rules relating to the Bar Councils. Section 28 gives
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power to the State Bar Councils to make rules on some matters connected
with the preparation of rolls, training and examination for admission as
advocates, form of application for enrolment, and conditions for enrolment.
Any rule made by State Bar Council shall have effect only if it has been
approved by the BCI. Section 49 confers on the BCI a general power to
make rules for discharging its functions under the Act. Rules include rules
the statement of the grounds in support of the refusal to the Bar Council of
India, and has to dispose of the application finally in conformity with such
opinion.
 Qualifications for Admission as an Advocate
 The person has to be a citizen of India and has completed the age of 21
years, and has obtained a degree in law (LL.B.) from any university in India
or of any university outside India considered equivalent to Indian degree, A
person eligible to pursue the course in law (LL.B.- Three Year Course)
should be a graduate of a university or have other equivalent academic
qualification.
 With regard to a barrister also, the Bar Council of India has specified the
same requirement as to a degree in law. It may be noted that the Advocates
Act, one thousand nine hundred sixty one has done away with the distinction
between advocates and vakils. Now all members enrolled shall be called
‘advocates’. But among advocates, there shall be Senior Advocates also.
Those who were senior advocates as on 1 12.one thousand nine hundred
sixty one shall be deemed to be senior advocates. Besides, power has been
conferred under Section 16 of the Act to the Supreme Court and the High
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Courts to designate any advocate as senior advocate if in its opinion by

virtue of his ability, experience (10 years’ practice) and standing at the Bar,
he is deserving of such distinction. Senior advocates are governed by the
rules of the Supreme Court applicable to them, and are also subject to the
restrictions laid down by the Bar Council of India in the interest of the legal
profession.
 Disqualification for Enrolment
 No person shall be admitted as an advocate .f he is convicted of an offence

involving moral turpitude, if he is convicted of an offence under the
provisions of Unsociability (Offences) Act, 1955, Section 28 of the
Advocates Act generally prohibit the enrolment of a person who, though he
may be otherwise qualified, is in full or part-time service or employment
(except when he is a law officer) or is engaged in any trade, business or
occupation (except when he is a sleeping partner). An advocate may edit
legal books at a salary, coach pupils for legal examinations and subject to the
rules against full-time employment, engage in journalism, lecturing and
teaching subjects both legal and non-legal,
 Right to Practice
 Every advocate, whose name is entered in the State roll, shall be entitled as
of right to practice throughout the territories to which the Act extends-
 (1) in all courts including the Supreme Court

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 (2) before any tribunal or person legally authorised to take evidence (Section
29). Under Section 33, advocates alone are entitled to practise in any court.
However, this right to practice is subject to rules framed by the High Court
under Section 34.
 Persons illegally practising in Courts or before other authorities when they

are not entitled to practise under the provisions of the Act are liable for
punishment with imprisonment for a term which may extend to six months.
** Professional Misconduct and punishments Sec 35
Meaning of Misconduct -
Misconduct is the antonyms of conduct. Conduct means behavior with good

manners and treatment shown towards others . Misconduct represents
misbehavior. Misconduct as explained in the Dictionary is 'improper conduct'. The
term 'misconduct' has been defined in Black's Dictionary as 'a transgression of
some established and defined rule of action, a forbidden act , a dereliction of duty,
unlawful behavior, wilful in character, improper or wrong behavior'. Its synonyms
are misdemeanor, impropriety, mis management,offence , but not negligence or
carelessness.
Professional misconduct is conduct which is disgraceful, dishonorable, improper or
unbecoming a pastoral leader in the Convention of Atlantic Baptist Churches. A
pastor’s conduct may be considered to be professional misconduct if it is
established that the pastor has engaged in immoral or unethical behavior which
transgresses standards of Scripture, examples of which include but are not limited
to the following: Abuse of any kind Harm or threatened harm to a person’s health
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or welfare which occurs through non-accidental physical or mental injury. Abuse of

pastoral power and position Pastoral power and position are abused in order to
exert and maintain control over others to accomplish one’s goals or for personal
gratification. Pastoral abuse of power comes in many forms, including misusing
one’s position of power and trust to:
Cultivate relationships that are immoral or destructive.
 Attack an individual or individuals deliberately and personally from the pulpit.
 Seek personal financial gain, such as personal loans and other benefits.
 Disseminate false information and rumors to discredit those who are opposed to
one’s vision
 and plans for the future of the church. Threaten eternal consequences to maintain
one’s control over the life decisions and the support
 of their congregants. Set oneself up as the sole channel through whom God
speaks to the congregation, and charging
 those who dissent with disobedience to God and calling for their removal from
the membership. Criminal activity of any kind as defined in the Criminal Code
Gambling Improper influence of Pastoral Search Committees The use of one’s
influence to interfere with the process of a pastoral search committee for personal
gain or to promote a favored candidate. Racist comments or conduct Sexual
Misconduct Marital Infidelity
 Sexual Intercourse outside the bonds of marriage.
 Sexual Harassment: Comments or conduct that is known, or ought to be known
that has the
 effect of undermining, coercing, intimidating, humiliating or demeaning an
individual on the basis of sex ( gender). Such behavior would include but not be
limited to unwelcome sexual remarks, jokes, taunting about a person’s body or
sexual orientation, distribution by mail or 2 Definition of Professional Misconduct
Convention of Atlantic Baptist Churches Aug/2005 electronic means material of a
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sexual nature which potentially could be offensive, unnecessary physical contact

such as patting or pinching. Sexual Exploitation: Taking advantage of the
vulnerability of a person with whom there is a fiduciary and/or pastoral
relationship through any form of sexual contact or invitation to sexual contact
whether or not there is consent.
35. Punishment of advocates for misconduct-
(1) Where on receipt of a complaint or otherwise a State Bar Council has

reason to believe that any advocate on its roll has been guilty of
professional or other misconduct, it shall refer the case for disposal of its
disciplinary committee.
(1A) [(Note:- Sub-section (1-A) ins. by Act 60 of 1973, sec.24) The

State Bar Council may, either of its own motion or on application
made to it by any person interested, withdraw a proceeding pending
before its disciplinary committee and direct the inquiry to be made by
any other disciplinary committee of that State Bar Council.]
(2) The disciplinary committee of a State Bar Council (Note:- Certain words
omitted by Act 60 of 1973, sec.24) shall fix a date for the hearing of the
case a notice thereof to be given to the advocate concerned and to the
Advocate General of the State.
(3) The disciplinary committee of a State Bar Council after giving the
advocate concerned and the Advocate –General an opportunity of being
heard, may make any of the following orders, namely-
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a. Dismiss the complaint or, where the proceedings were initiated at

the instance of the State Bar Council, direct that the proceedings be
filed.
b. Reprimand the advocate
c. Suspend the advocate from practice for such periods as it may

deem fit.
d. Remove the name of the advocate from the State roll of advocates
(4) Where an advocate is suspended from practice under clause (c) of sub
section (3) he shall, during the period of suspension, be debarred from
practicing in any court or before any authority or person in India.
(5) Where any notice is issued to the Advocate-General under sub-section

(2) the Advocate –General may appear before the disciplinary committee of
the State Bar Council either in person or through any advocate appearing
on his behalf.
42. Powers of disciplinary committee. –
(1) The disciplinary committee of the Bar Council shall have the same powers as
are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in
respect of the following matters, namely ;-
a. summoning and enforcing the attendance of any person and examining

him on oath ;
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b. requiring discovery and production of any documents ;
c. receiving evidence on affidavits ;
d. requisitioning any public record or copies thereof from any court or office
;
e. issuing commissions for the examination of witness or documents ;
f. any other matter which may be prescribed ;
Provided that no such disciplinary committee shall have the right to require
the attendance of
a. any presiding officer of a court except with the previous sanction of the
High Court to which court is subordinate ;
b. any officer of a revenue court except with the previous sanction of the
State Government.
(2) All proceedings before a disciplinary committee of a Bar Council shall be

deemed to be judicial proceedings within the meaning of sections 193 and 228 of
the Indian Penal Code, 1860 (45 of 1860), and every such disciplinary committee
shall be deemed to be a civil court for the purpose of sections 480, 482 and 485 of
Code of Criminal Procedure, 1898 (5 of 1898).
(3) For the purpose of exercising any of the powers conferred by sub section (1), a
disciplinary committee may send to any civil court in the territories to which this
Act extends, any summons or other process, for the attendance of a witness or the
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production of a document required by the committee or any commission which it

desires to issue, and civil court shall cause such process to be served or such
commission to be issued as the case may be, and may enforce any such process as
if it were a process for attendance or production before itself.
(4) (Note:- Sub-sections (4) and (5) ins. by Act 60 of 1973, sec.32) Notwithstanding
the absence of the Chairman or any member of a disciplinary committee on a date
fixed for the hearing of a case before it, the disciplinary committee may, if it so
thinks fit, hold or continue the proceedings on the date so fixed and no such
proceedings and no order made by the disciplinary committee in any such
proceedings shall be invalid merely by reason of the absence of the Chairman or
member thereof on any such date.
Provided that no final orders of the nature referred to in sub-section (3) of Section
35 can be made in any proceedings unless the Chairman and other members of the
disciplinary committee are present.
(5) Where no final order of the nature referred to in sub section (3) of section 35
can be made in any proceedings in accordance with the opinion of the Chairman
and the members of a disciplinary committee either for want of majority opinion
amongst themselves or otherwise, the case, with their opinion thereon, shall be laid
before the Chairman of the Bar Council concerned or if the Chairman if the Bar
Council is acting as the Chairman or a member of the disciplinary committee,
before the Vice Chairman of the Bar Council, and the said Chairman or the Vice
Chairman of the Bar Council, as the case may be, after such hearing as he thinks
fit, shall deliver his opinion and the final order of the disciplinary committee shall
follow such opinion.
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State bar Council and Bar council of India: Duties and functions
1. Bar Council of India-Section 4 State Bar Council-Section 3 The

Advocates Act,1961 provides for the constitution of two types of councils
:The Advocates Act, 1961 is an act to consolidate and amend the law relating
to legal practitioners and to provide for the constitution of the Bar Councils
and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of
the Republic of India.
2. It prescribes standards of professional conduct, etiquettes and exercises
disciplinary jurisdiction over the bar. It also sets standards for legal
education and grants recognition to Universities whose degree in law will
serve as a qualification for students to enroll themselves as advocates upon
graduation.
3. Its members are elected from amongst the lawyers in India and as such
represents the Indian Bar. The Bar Council of India is a statutory body
established under Section 4 of The Advocates Act, 1961 that regulates the
legal practice and legal education in India.
4. To promote legal education.
5. To provide legal aid to the poor.
6. To provide for the election of its members
7. To manage and invest the funds of the Bar Council
8. To recognize Universities whose degree in law shall be a qualification for
enrollment as an advocate and for that purpose inspect Universities
9. Rule making power
10. To exercise general supervision and control over State Bar Council.
11. To promote and support law reforms
12. There shall be a Chairman and a Vice-Chairman of each State Bar Council
elected.
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13. A State Bar Council shall consist of the members according to the clause
(2) of Section 3 of the Advocates Act, 1961.
14. It shall consist of the following members, namely: (a) in the case of the
State Bar Council of Delhi, Additional Solicitor General of India ex officio.
According to section 3, there shall be a bar council for each of the states .
It provides for the establishment and organisation.
15. i. Admission as an advocate on state roll (S.24)
16. ii. Maintenance of roll of advocates (S.17)
17. iii. Rule- making power (Section 16 to 27)
18. iv. Power to punish for professional or other misconduct (s. 35)
19. v. Appointment of committees and staff members
20.vi. To safeguard the rights, privileges and interest of advocates on its roll.
vii. To promote and support law reform
viii. To manage and invest the funds of the Bar Council
ix. To provide for the election of its members
21. 1. Indian Council of Legal Aid and Advice v. Bar Council of India, AIR
1995 SC 691 The Supreme Court held that the rule debarring a person who
has completed the age of forty five to be enrolled as an advocate is
arbitrary , unreasonable and beyond the power of the Bar Council of India.
2. V. Sudeer v. Bar Council of India, AIR 1999 SC 1167 The Supreme Court
held that the Bar Council can exercise power and fame rules for effectively
discharging its statutory function as laid down by the Act.
Unit – 4 Legal Ethics

Duty to court
RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

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1. Act in a dignified manner
During the presentation of his case and also while acting before a court, an
advocate should act in a dignified manner. He should at all times conduct himself
with self-respect. However, whenever there is proper ground for serious complaint
against a judicial officer, the advocate has a right and duty to submit his grievance
to proper authorities.
2. Respect the court
An advocate should always show respect towards the court. An advocate has to
bear in mind that the dignity and respect maintained towards judicial office is
essential for the survival of a free community.
3. Not communicate in private
An advocate should not communicate in private to a judge with regard to any

matter pending before the judge or any other judge. An advocate should not
influence the decision of a court in any matter using illegal or improper means
such as coercion, bribe etc.
4. Refuse to act in an illegal manner towards the opposition
An advocate should refuse to act in an illegal or improper manner towards the

opposing counsel or the opposing parties. He shall also use his best efforts to
restrain and prevent his client from acting in any illegal, improper manner or use
unfair practices in any mater towards the judiciary, opposing counsel or the
opposing parties.
5. Refuse to represent clients who insist on unfair means

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An advocate shall refuse to represent any client who insists on using unfair or
improper means. An advocate shall excise his own judgment in such matters. He
shall not blindly follow the instructions of the client. He shall be dignified in use of
his language in correspondence and during arguments in court. He shall not
scandalously damage the reputation of the parties on false grounds during
pleadings. He shall not use unparliamentary language during arguments in the
court.
6. Appear in proper dress code
An advocate should appear in court at all times only in the dress prescribed under
the Bar Council of India Rules and his appearance should always be presentable.
7. Refuse to appear in front of relations
An advocate should not enter appearance, act, plead or practice in any way before
a judicial authority if the sole or any member of the bench is related to the
advocate as father, grandfather, son, grandson, uncle, brother, nephew, first cousin,
husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law,
son-in-law, brother-in-law daughter-in-law or sister-in-law.
8. Not to wear bands or gowns in public places
An advocate should not wear bands or gowns in public places other than in courts,
except on such ceremonial occasions and at such places as the Bar Council of India
or as the court may prescribe.
9. Not represent establishments of which he is a member

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An advocate should not appear in or before any judicial authority, for or against
any establishment if he is a member of the management of the establishment. This
rule does not apply to a member appearing as “amicus curiae” or without a fee on
behalf of the Bar Council, Incorporated Law Society or a Bar Association.
10. Not appear in matters of pecuniary interest
An advocate should not act or plead in any matter in which he has financial
interests. For instance, he should not act in a bankruptcy petition when he is also a
creditor of the bankrupt. He should also not accept a brief from a company of
which he is a Director.
11. Not stand as surety for client
An advocate should not stand as a surety, or certify the soundness of a surety that
his client requires for the purpose of any legal proceedings.
RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT
1. Bound to accept briefs
An advocate is bound to accept any brief in the courts or tribunals or before any
other authority in or before which he proposes to practise. He should levy fees
which is at par with the fees collected by fellow advocates of his standing at the
Bar and the nature of the case. Special circumstances may justify his refusal to
accept a particular brief.
2. Not withdraw from service
An advocate should not ordinarily withdraw from serving a client once he has
agreed to serve them. He can withdraw only if he has a sufficient cause and by
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giving reasonable and sufficient notice to the client. Upon withdrawal, he shall
refund such part of the fee that has not accrued to the client.
3. Not appear in matters where he himself is a witness
An advocate should not accept a brief or appear in a case in which he himself is a

witness. If he has a reason to believe that in due course of events he will be a
witness, then he should not continue to appear for the client. He should retire from
the case without jeopardising his client’s interests.
4. Full and frank disclosure to client
An advocate should, at the commencement of his engagement and during the

continuance thereof, make all such full and frank disclosure to his client relating to
his connection with the parties and any interest in or about the controversy as are
likely to affect his client’s judgement in either engaging him or continuing the
engagement.
5. Uphold interest of the client
It shall be the duty of an advocate fearlessly to uphold the interests of his client by
all fair and honourable means. An advocate shall do so without regard to any
unpleasant consequences to himself or any other. He shall defend a person accused
of a crime regardless of his personal opinion as to the guilt of the accused. An
advocate should always remember that his loyalty is to the law, which requires that
no man should be punished without adequate evidence.
6. Not suppress material or evidence

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An advocate appearing for the prosecution of a criminal trial should conduct the
proceedings in a manner that it does not lead to conviction of the innocent. An
advocate shall by no means suppress any material or evidence, which shall prove
the innocence of the accused.
7. Not disclose the communications between client and himself
An advocate should not by any means, directly or indirectly, disclose the

communications made by his client to him. He also shall not disclose the advice
given by him in the proceedings. However, he is liable to disclose if it violates
Section 126 of the Indian Evidence Act, 1872.
8. An advocate should not be a party to stir up or instigate litigation.
9. An advocate should not act on the instructions of any person other than his
client or the client’s authorised agent.
10. Not charge depending on success of matters
An advocate should not charge for his services depending on the success of the
matter undertaken. He also shall not charge for his services as a percentage of the
amount or property received after the success of the matter.
11. Not receive interest in actionable claim
An advocate should not trade or agree to receive any share or interest in any
actionable claim. Nothing in this rule shall apply to stock, shares and debentures of
government securities, or to any instruments, which are, for the time being, by law
or custom, negotiable or to any mercantile document of title to goods.
12. Not bid or purchase property arising of legal proceeding

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An advocate should not by any means bid for, or purchase, either in his own name
or in any other name, for his own benefit or for the benefit of any other person, any
property sold in any legal proceeding in which he was in any way professionally
engaged. However, it does not prevent an advocate from bidding for or purchasing
for his client any property on behalf of the client provided the Advocate is
expressly authorised in writing in this behalf.
13. Not bid or transfer property arising of legal proceeding
An advocate should not by any means bid in court auction or acquire by way of
sale, gift, exchange or any other mode of transfer (either in his own name or in any
other name for his own benefit or for the benefit of any other person), any property
which is the subject matter of any suit, appeal or other proceedings in which he is
in any way professionally engaged.
14. Not adjust fees against personal liability
An advocate should not adjust fee payable to him by his client against his own
personal liability to the client, which does not arise in the course of his
employment as an advocate.
RULES ON ADVOCATE’S DUTY TO OPPONENTS
1. Not to negotiate directly with opposing party
An advocate shall not in any way communicate or negotiate or call for settlement
upon the subject matter of controversy with any party represented by an advocate
except through the advocate representing the parties.
2. Carry out legitimate promises made

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An advocate shall do his best to carry out all legitimate promises made to the
opposite party even though not reduced to writing or enforceable under the rules of
the Court.
RULES ON AN ADVOCATE’S DUTY TOWARDS FELLOW ADVOCATES
1. Not advertise or solicit work
An advocate shall not solicit work or advertise in any manner. He shall not
promote himself by circulars, advertisements, touts, personal communications,
interviews other than through personal relations, furnishing or inspiring newspaper
comments or producing his photographs to be published in connection with cases
in which he has been engaged or concerned.
2. Sign-board and Name-plate
An advocate’s sign-board or name-plate should be of a reasonable size. The sign-

board or name-plate or stationery should not indicate that he is or has been
President or Member of a Bar Council or of any Association or that he has been
associated with any person or organisation or with any particular cause or matter or
that he specialises in any particular type of work or that he has been a Judge or an
Advocate General.
3. Not promote unauthorized practice of law
An advocate shall not permit his professional services or his name to be used for
promoting or starting any unauthorised practice of law.
4. An advocate shall not accept a fee less than the fee, which can be taxed
under rules when the client is able to pay more.
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5. Consent of fellow advocate to appear
An advocate should not appear in any matter where another advocate has filed a
vakalt or memo for the same party. However, the advocate can take the consent of
the other advocate for appearing.
In case, an advocate is not able to present the consent of the advocate who has filed
the matter for the same party, then he should apply to the court for appearance. He
shall in such application mention the reason as to why he could not obtain such
consent. He shall appear only after obtaining the permission of the Court.
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Chanderprabhu Jain College of Higher

Class : BA LLB 9th Sem

Paper Code : 501

Subject : Legal Ethics and Court Craft

a. Supreme Court Rules 1966.

(i) to require any plaint, petition of appeal, petition or other proceeding

(v) to direct any formal amendment of record;

2. Types of petitions in supreme court..

A writ means an order. A warrant is also a type of writ. Anything

1. Writ of Habeas corpus

 Is body (physical presence) compulsory?

 When the writ of Habeas corpus is issued?

 Who can file the petition?

 Is it applicable to Preventive Detention?

 What is the core philosophy of Habeas corpus

 Can Habeas corpus issued against state and individuals?

 What kind of act?

 Who can file a writ petition?

 What is legal duty?

 But did the person move to the authority?

 What is the core philosophy of Mandamus?

 What are essential conditions to file to request the court

c) By improper acceptance of any nomination.

d) By any improper reception, refusal or rejection of any vote or the reception of

e) By any non-compliance with the provisions of the Constitution or RPA or any

b) Undue influence: direct or indirect influence exercised by the candidate or

d) Appeal by a candidate or his election agent to refrain from voting on grounds of

g) Use of/hiring/permanent fixing of vehicles by a candidate or his election agent

i) Abetting or attempting to obtain the service of government servants for the

of 45 days. - Election Commission of India had disqualified Umlesh Yadav

b. Delhi High Court Rules 1967.

1. civil and criminal jurisdiction of high court.

6. Legal disability.—(1) Where a person entitled to institute a suit or make an

14 Exclusion of time of proceeding bona fide in court without jurisdiction. —

(3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of

(4) In computing the period of limitation for a suit for possession by a

Section 15 of the Limitation Act applies to a special or local law unless

As Section 15 refers to a suit or an application for execution, Section 15(1)

The expression “stayed by injunction or order” in Section 15(1) has reference

In Premlata v. Lakshman, (AIR 1970 SC 1525), it is held that under sub-

Under Section 15(3) of the Limitation Act, a receiver including an interim

appointment to file a suit or a petition for executions as he requires time to

To obtain the benefit of Section 15(4), the following conditions have to be

(ii) It should be a suit and not an application.

Sec 18, 19 of Limitation Act, 1963.

Section 18 of the Limitation Act, 1963 provides that:

(2) Where the writing containing the acknowledgment is undated, oral

For the purpose of this Section, —

(a) An acknowledgment may be sufficient though it omits to specify the exact

Acknowledgement is a statement in writing that a debt is due and unpaid.

The acknowledgment, if any has to be prior to the expiration of the prescribed

limitation, if any such document is executed, the limitation would be received

An acknowledgment is not limited in respect of a debt only it may be in

Mere statement expressing jural relationship between parties does not

Promise to pay is not acknowledgement. An acknowledgement need not

The acknowledgement of liability must be in writing. Oral evidence is to be

The acknowledgement within the meaning of Section 18 of the Limitation Act

A mere reference to arbitration does not amount to an acknowledgement. An

(i) An admission of the acknowledgement;

(ii) Such acknowledgement must be in respect of a liability in respect of

Section 18 of the Limitation Act is applicable to local or special laws, unless

The correct interpretation of the words ‘prescribed period’ in Section 18 is that

be received afresh from the said date of acknowledgement. Thus the