Professional Documents
Culture Documents
Professional Ethics
Professional Ethics
OF COURT LAW
a 1960
b 1961
c 1962
d 1963
Ans: b
2 The Advocates Act, 1961 was passed with which of the following
purpose/s?
Ans: e
d.
Ans: a
Ans: b
5. Which of the following is/are (a) function of the State Bar Councils?
cates
on its roll
e.
Ans:f
a.
a person who has obtained a degree in law from any recognised University established
by law
Ans: a
a five years
b. three years
c seven years
d.two years
Ans: a
8 The Bar Council of India has power to make rules for the purpose or Advocates Act
under
a Section 16
b.Section 15
c Section 18
d. Section 20
Ans: b
India?
b to lay down the procedure to be followed by its disciplinary committee and the
disciplinary committee of each State Bar Council
c to safeguard the rights, privileges and interests of advocates
d.
e.
Ans: e
Ans: a
C.
Ans: b
a Entry 77 of Union List entry 14 of state list and schedule VII of Constitution of India
Ans: b
13. Disciplinary Committee of Bar Council is Conferred the pou civil court under CPC?
of
Ans: b
b. The CP
Ans: e
15 Which, among the following, is an advocate not prohibited from doing?
e.
Ans: a
least accurate?
a An advocate must accept any brief in the Courts or Tribunals or any other authorities.
b The fees charged by the advocaleslhould be consistent with tne advocate's standing at
the Bar and the nature of the case
e An advocate should not accept a brief or appear in a case in which an advocate has
reason to believe that he/she will be a witness.
Ans: d
17. Which of the following statements about the duties of advocates to their opponents
is least accurate?
Ans: b
18. 'A inherited a family business from her father. A subsequently enrolled as an
advocate, and continued to manage the business. Has A
a Yes, since A should have parted with the business' assets as soon as she inherited
them.
b No, as long as she does not solicit business for her family business from other
advocates or clients.
Tes, since A was also enrolled on the rolls of the Bar Council.
d.
No, Since this was a family business, and not a professional concern.
e.
Ans: c
19. Awas appearing as an advocate tor B in a case involving the partiio. an of certain
family property between B and his brother, B produced. ined affidavit from D, which
was critical to the case. The affidavit containoa
yes A case, since he/she could be called upon to prove the identity of Can A
Principle: A civil court has an inherent power to order a person to cease to appear as an
advocate, if the advocate has become a material witness and a bona fide application for
withdrawal of the advocate is made (S.151, CPC)
a Yes, A can be disbarred from the case, since he/she may be called upon as a material
witness to prove the identity of D.
b
No, A cannot be disbarred from the case, since he/she has done nothing wrong by
identifying D in the affidavit, but ratłher, has helped his/her client collate evidence.
c Yes, A can be disbarred from the case, since he/she had a personal
C.
No, A cannot be disbarred from the case, since he/she did not have
d.
Yes, A can be disbarred from the case because she had acted in furtherance of the
opposing side's case.
Ans: a
20. Which of the following sections of the Advocates Act, 1961 provides for the power
of Bar Council of India to withdraw to itself, any proceedings for disciplinary action
pending before any State Bar
Council?
a Section 35
b.Section 37
c Section 36(2)
Ans:C
Page 721. which famous case dealt with the following issue: "Whether the advocate had
committed professional misconduct and is guilty of the
offence of the criminal contempt of court for having interfered with and obstructed the
course of justice by trying to threaten, overawe and verbear the court by using insulting,
disrespectful and threatening
language."
a Vinay Chandra Mishra, re, (1995) 2 SCC 584
Ex-Capt. Harish Liypal v. Llnion of India, 1994 Supp (2) SCC 195 Hikmat Ali Khan a. Ishoar
Prasad Arya, (1997) 3 SCC 131
22, "Misconduct" would cover any activity or conduct which his professional brethren
ofgood repute and competency wouldreasonably regard as disgraceful or dis-
honourable. It may be noted that the scope of "misconduct" is not restricted by
technical interpretations of rules of conduct. This was proven conclusively in the case of
Ans: b
23 A Was appearing as an advocate for B in a case involving the recovery of a debt owed
by C to which C agrees to settle the matter and sends a briefcase containing the
disputed sum to A's chambers. In which of the following cases is A not in violation of the
BCI Rules?
or a client, the advocate must inform the client, as early as possible, of the receipt.
A informs B of the receipt of the money atterfteen days, as A was busy with other
matters in court for that time.
b a infórms B of the receipt of the money after fifteen days, as A was nolidaying with
his family during that time.
A informs B of the receipt of the money after fitteen days, as A was not aware of the
briefcase having been sent to him until that time,
A informs B of the receipt of the money after fifteen days, as A was travelling to another
city on work for that time.
d.
Ashould not have accepted money in a briefcase, so Ais in violation of BCI Rules in all of
the cases above.
Ans:b
24. Any person aggrieved by an ordermade by the Disciplinary Committee of the Bar
Council of India under Section 36 or 37 of the Advocates Act, may prefer an appeal to
the
a High Court
b Supreme Court
c State Government
d Central Government
Ans: b
25 What is the punishment for advocates if the established finding of the| 25.
a. Impose a fine
Ans: d
26 On being aggrieved by the order of State Bar Council, one can appeal
Ans:C
Ans: a
28. Which section of the Advocates Act provides punishment for misconduct of
advocates?
a. Section 29
b Section 35
C. Section 37
Ans: b
29. Punishment for advocates for misconduct is defined in the Advocates Act, 1961 by
a. Section 25
b. Section 33
C. Section 35
Ans: c
30. The Indian Legal System has evolved a new technique of alternate dispute resolution
which is popularly known as LokAdalat. It owes its origin to the statutory recognition by
passing of
Ans: C
misconduct?
a. Ethics Committee
b.
c Disciplinary Committee
d. High Court
ans c
Ans: c
33. The provisions relating to admission, enrolment & rights of an advocate are dealt by
which Act?
a Bar Council of India Act,
d.
Ans: b
34. The provisions relating to admission, enrolment & rights of an advocate are dealt by
which sections?
C.
Ans: a
freedom?
a Mandamus
b Habeas Corpus
c Quo warrant
d. Ceriorari
Ans:b
d.
Ans: a
37. Which of the following writs can been issued to force a public authority to perform a
public or statutory duty?
a Prohibition
b Quo warranto
C. Mandamus
d. Habeas Corpus
ans - b
38. The power to issue writs by the Supreme Court has been envisaged under which of
the following articles?
a. Article 226
b.Article 32
c Article 31
d. Article 25
Ans: 32
1 CIvil contempt means willful disobedience to any judgement and Publication of any
matter which lowers the authority of a court.
2 Criminal contempt means doing an act that obstructs the administration of Justice.
3. The Contempt of Courts Act, 1971, states that fair eriticism of any case which has
been heard and decided is not contempt.
a 1,2
b. 3 only
c 2,3
d. 1,2,3
Ans: c
40. Match the names of writs in list I with their meanings in list II.
List II
1. Habeas Corpus
To command
2. Mandamus
By what warrant
3. Certiorari
4. Quo Warranto
To inform
a.
b.
C.
Ans: d
41. Contempt of Courts Act, 1971 was enacted by the parliament to check unfair
criticism of the courts. Under this act which Indian Court(s) has/
have power to punish under the contempt? 1. Supreme court 2. High courts
3. Subordinate courls
a 1 only
b.2 only
c 1 and 2 only
d ,2 and 3 only
ans –c
42. For a tweet referring to the current Chief Justice of India S. Bobde,
the Supreme Court recently initiated contempt proceedings against an activist lawyer"
referred in the given passage who is
a M mehta
b Prashant Bhushan
c Rajeev Dhawan
Ans: b
43. Which of the following writs can be used against a person believed to be holding a
public office to which he is not entitled to0?
a Habeas Corpus
b Mandamus
c Prohibition
d Quo warranto
Ans: d
44. The power to punish for contempt is vested under in the Supreme Court and High
Courts under-
Ans: b
45 The Disciplinary Committee of the Bar Council of India may dispose any proceedings
for disciplinary action against any advocate pending Detore the Disciplinary Committee
of any State Bar Council-
46. The Disciplinary Committee of a Bar Council has the same powere are vested in a
Civil Court, namely
a Summoning and enforcing the attending ot any person and examining him on oath
AnS: d
47. Any person aggrieved by an order made by Disciplinary Committee of Bar Council of
India may prefer an appeal before
d. No appeal lies.
Ans:b
48. Which of the statements is/are true about the Contempt of Courts Act,
1971?
a 1
b Only 1&2
d. Only 2 &3
Ans: d
49. The preambi amble to the Contempt of the Court Act 1971 states which of
the following?
a to define and limit the powers of certain courts
b in punishing contempt of courts b.
c to regulate the process required to be followed in achieving the purpose of the act
Ans: d
Ans: d
Statement: 1. The Bar Council of India is a statutory body under the Advocates act, 1961
2. As per the Advocates Act, the Bar Council of India consists of members elected from
each state bar council.
3. The Attorney General of India and the Solicitor General of India who are ex officio
members.
a 1 and 2 only
b 2 and 3 only
c 1 and 3 only
d 1,2 and 3
Ans: d
52 Advocate A has been approached by the officers of XPrivate Limited to represent the
company in a matter before the court. Should X Private Limited get an unfavourable
verdict in the case, it would have to pay
a very big penalty to the regulator concerned, and ould e license to provide the services
on which its business ien Limited is the wholly owned subsidiary of Y Privato Advocate A
is a Director of Y Private Limited
Limited, ate
nsidete b. Advocate A cannot appear in the matter, since he may be cone:actor oy| as
employee of X Private Limited by virtue of being a Director
Advocate A can aPpear in the matte, since he do pecuniary interest in X Private Limite
Ptivate Limited
C. Advocate A has a pecuniary interest in the matter, since anady verdict against X
Private Limited would directly affect Y Pri Limited, of which he is a Director.
Advocate A does not have a pecuniary interest in the matter, since Private Limited may
have other business interests other than thoseiXPrivate Limited, and as such, an adverse
verdict against X Privae Limited would not affect Y Private Limited Correct
Ans c
ans . c
withins
period of six months from the date of such commenceneriod of one year Erom the date
or receipt of the complaint whichever is later, failing which such proceedings shall stand
transferred to the Bar Council of India for disposal.
a Section 36B
b Section 37B
c Section 38B
d Section 39B
Ans: a
a There shall be a Bar Council for the territories to which the Act
b There shall be a Bar Council for every district to which the Act extends
Ans: a
b Competent to contract and to acquire and hold movable and immovable property
Ans: d
57, The Bar Council of India consist of the following members, namely
c One member elected by each State Bar Council from among its members
Ans: d
maintaisuch roll
on its rol1
59. In which section of the Advocates Act, 1961 the Bar Council has to constitute
Disciplinary Committees?
a Section 7
b Section 8
c Section 9
d. Section 10.
Ans: c
advocates
to lay down the procedure to be followed by its disciplinary committee and the
disciplinary committee of each State Bar Council
b.
to deal with and dispose of any matter arising under this Act, which may be referred to
it by a State Bar Council
C.
Ans: d
ans c
Committee
b Aperson to whom a Bar Council selects as a Chairman
Ans: a
of
Ans: a
64. Which section of Advocates Act, 1961 provide for punishment of advocates for
misconduct?
a Section 32
b. Section 35
C. Section 36
d. d Section 38.
Ans: b
65. Which section of Advocates Act, 1961 provides for Disciplinary powers
a. Section 35
b. Section 36
C. Section 38
d. Section 39.
Ans: d
66. Where on receipt ot a complaint or otherwise a State Bar Co. ilty of | has reason to
believe that any advocate on its rolI has been guilt 1sposal professional or other
misconduct, it shall refer the case for dis
a. Standing Committee
b. Disciplinary Committee
Ans:b
67. 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
c Suspend the advocate from practice for such period as it may deem it
Ans:d
68. Which of the following is/are (a) function of the State Bar Councils?
Ans: f
Council
Ans: d
71. A person aggrieved by an order of the Disciplinary Committee of a State Bar Council
may prefer an appeal to the-
a. High Court
b. Supreme Court
Ans: C
72. Any person aggrieved by an order of the Disciplinary Committee of a State Bar
Council may prefer an appeal to Bar Council of India-
a Within sixty days from the date of communication of the order to him
b Within thirty days from the date of communication of the order to him b.
Within ninety days from the date of communication of the order to him
Ans: a
provided in
a. Section 36
b. Section 37
c. Section 38
d. Section 39
Ans: a
Ans: d
a. Appeal
b Revision
c Review
d.
Ans: c
The limitation period prescribed for preferring appeal against the order made by
Disciplinary Committee of Bar Council of India is days
76.
a Thirty days
b.Sixty days
c Ninety days
d Fifteen days
Ans: b
section 48A of the Advocates Act, 1961, the Bar Council of India
a Revision a.
b. Review
Appeal
C.
None of the above.
d.
Ans: a
78, Anyperson aggrieved by an order made by the Disciplinary Committee of the Bar
Council may prefer an appeal before
a Supreme Court
Ans: a
79 State Bar Council under the provisions of section 35 of the Advocates Act, 1961 has
the authority to-
b Suspend the advocate from the practice for such period of time as it may deem fit
c Remove the name of the advocate from the State roll of advocates
d All of these.
Ans: d
80 any person aggrieved by an Order made by the Disciplinary, Committee of the Bar
Council of India under section 36 or 37 of the Advocate Act, 1961 may prefer an appeal
to the-
a. State Government
b Central Government
c High Court
d. Supreme Court.
Ans: d
81 The Disciplinary Committee of a Bar Council may exercise its power of review
Ans: c
82. Under which section of the Advocates Act, 1961 an aggrieved person may go for the
appeal before Supreme Court against an Order made by the Disciplinary Committee of
the Bar Council of India
a Section 36
b.Section 37
C. Section 38
d. Section 39.
Ans: c
or office
Ans: C
84. Under section 42 of the Advocates Act, 1961 what are the powers given
a Summoning and enterin8 the attendance of any persoj examining him oath
Ans: d
85. A an advocate, received money on behalf of a client, A did not intimate cof the
receipt of money, but noted in his accounts that he had received
money on behalf of C and set aside the amount as his fees in full. On discovering that A
had received the money, C demanded the money. A a5sures C that once the proceeding
is over, C would have had to pay A fees anyway, and that he has already recorded in his
accounts that his fees have been paid in full. In light of these facts, which of the
following statements is the most accurate
a A has clearly fulfilled his duty by recording in the register that he has received C's
money as fees.
b A had fulfilled his duty by recording in the register that he has received C's money as
fees, but should have handed over the money to C on his demand.
c Aerred in setting aside C's money for fees without written permission.
d A is entitled to his fees, and was within his rights to set aside the d.
money as fees, as he noted in his accounts that his fees had been paid in full.
Ans: C
86. C has engaged an advocate, B is C's mother and she asks A to withdraw the suit filed
by C as the litigation is causing public embarrassment to the entire family. What should
A do?
c A has a duty to refrain from fomenting litigation, and should therefore withdraw the
suit.
d .A has a professional obligation to act solely on the instructions of the client, C, and
should not withdraw the suit orn B's instructions.
Ans: d
87 A is one of five children. A and the other four siblings are all equal eirs to a family
property. On account ofa quarrel between the siblings, aPproaches an advocate, C, who
advises them not to approach the Ourt and to instead settle their dispute amicably. A
insists that C take e matter to court. C is later reprimanded by the Bar Council of the
most
accurate
b No, Chas fulfilled his duty by advising the client to avoid litigation b.
and by encouraging settlement in the given case.
c Yes, C's duty to refrain from fomenting litigation extends beyond mere advice and he
should have avoided litigation at all costs.
d. Yes, C's duty to refrain from fomenting litigation overrules his duty to protect his
client.
Ans: b
88. Which section of the Advocates Act, 1961 provides sections 5 and 12 of the
Limitation Act, 1963 applies to Advocates Act, 1961
a Section 336
b. Section 37
C. Section 38
d. Section 39.
Ans: d
of
a Constitution of India
Ans: b
90 Which section of Advocates Act, 1961 provides that no suit or other legal proceeding
shall lie against any Bar Council or any Committoo thereof oramember of a Bar Council
or any Committee thereof fo act done in good faith done or intended to be done in
pursuance of # provisions of this Act or of any rules made thereunder
a Section 47
b Section 48
c Section 49
d. Section 50.
Ans: b
91. Which section ot the Advocates Act, 1961 provides that 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, 18600
a. Section 40(2)
b. Section 42(2)
c. Section 47(2)
d. Section 50(2).
Ans: b
92. In which Section of the Advocates Act, 1961 the term 'Advocate' is defined-
a Section 2(a)
b Section 2(b)
c Section 2(c) C.
Section 2(d).
d.
Ans: a
93. 'A' filed a suit in respect of an immovable property and had appointeed an Advocate
to represent him in the said case. 'A' visited the Advocate on different dates to ask
about the progress of the case. He was informed by the Advocate that the case was
pending in the Court of the Rent Controller. After a considerable time, 'A' discovered
that the
case had been dismissed for default long back. Thereafter, 'A's efforts to restore the
case through another Advocate did not yield any results and he was constrained to file a
fresh case. He filed a complaint against said Advocate before the disciplinary committee
of Bar Council of ndia. Decide which action by Bar Council would be correct
a Tt is well-settled that gross negligence on the part of an Advocate which leads to the
suffering and harassment of the client will amount to misconduct
Ans:c
94. Standards of Professional Conduct and Etiquette provides that. advocate shall
a maintain towards the court a respectful attitude, bearing in mind that the dignity of
the judicial office is essential for the survival of a free community.
b.appear in court at all times only in prescribed dress, and his appearance shall always
be presentable
c Both (a) and (b)
Ans: a
95. One Subhash Jain, brother of the Complainant was convicted under section 302, IPC,
and was sentenced to undergo life imprisonment. He applied under section 2 of the
Madhya Pradesh Prisoners Release on Probation Act, 1954 before the Indore Bench of
Madhya Pradesh High Court at M.P. No. 14/92. The same came to be dismissed by the
High Court on 8.1.1992. Against the Order of the High Court in M.P. No. 14/92, the
Complainant's brother wanted to prefer SLP and the Comnplainant engaged the
Respondent for the said purpose Respondent-Advocate demanded Rs. 15,000 towards
his professional fees and expenses. Complainant promptly paid the same to the
Respondent along with case papers. After some time, the Complainant enguired with
the Respondent about the progress in the case. Respondent informed that he had filed
S.L.. and show cause notices had been issued by the Hon'ble Supreme Court After
persistent demand from the Complainant, Kespondent sent a copy of s.I.P
and the alleged order of the Supreme Court. The Complainant suspicious about the
genuineness of these documents and no f. her wprobe into the matter found that they
were all forged documenocate. and no S.L.P. had in fact been filed by the Respondent-
Advoa. nary Thereafter complainant filed a complaint before the disciple committee of
State Bar Council. The State Bar Council and Bar
Page 29
Contem of Court Lau
misconduct. Whe T e vitiated on the ground that it is passed beyond the period of
2.29
a Section 36B(1) provides that proceedings shall be concluded within a Deriod of 1 year
from the date of receipt of the complaint or the date of initiation of the complaint at the
instance of S.B.C., as thecase may be.
b In this case the order was passed by S.B. beyond the period mentioned under section
365(1) Act i.e., beyond 1 year.
c After the lapse of 1 year, the case stands transferred to the B.C.I, and C.
the S.B. hasno jurisdiction to pass any order in the matter. Therefore, the order passed
beyond thee stipulated period by the S.B. is bad in as much as it was passed without any
jurisdiction.
d All of the above reasoning are correct.
Ans: d
96. An advocate is expected to act with utmost sincerity and respect. In all professional
functions, an advocate should be diligent and his conduct should also be diligent and
should conform to the requirements of the law by which an advocate plays a vital role in
the preservation of society and justice system. It was said in
Ans: C
97. Section of the Advocates Act, 1961, makes it clear that advocate
C the only recognised class of person who are entitled to pratise law.
a. 29
b.30
c 31
d 28
Ans: a
a Executive Committee
b.Enrolment Committee
c Disciplinary Committee
d.None.
Ans: c
99. According to section 24 of the Advocates Act, 1961 what is/are the qualification/s of
persons who may be admitted as advocates-
Ans: d
100. Any person who illegally practices as an "Advocate'" in any court shall be punished
with-
101. Which of the following persons shall not be admitted as an advocatea State Roll
Ans: d
102 Xis a Solicitor irmpractising in Delhi. trust most of the cases to the 'X' Firm.'Y
entrusted a case toused to sedem against a borrower for breach of financial discipline.
The e the Bank to file a criminal complaint and also a civil suit forrecovery of money
against t jodgsted the valuable original loan documents to the firm along
YBank and its branchesalodged a Police complaint and fileda civil suit through
the'XFirm.Thethe 'X' firnXadvised the Bank towith Bank fees and expenses. After few
days, the Bank enquired with the'X
against the said borrower. According to the Bank, itBank entrusted the next date of
hearir date of hearing. But no reply was received by it from the 'X'
Firm. Therefo Therefore, it became suspicious that the firm was withholding vital
1information regarding the case. It instructed the 'X Firm to retire e case and appointed
another Firm to look into the matter. Thebout the name of the Court in which the suit
had been filed andfrom the case and ank was informed by the new Firm that though the
suit had been&led by the 'X firm, but the plaint was not represented. Thereafter y filed a
complaint against x berore the Disciplinary Committee of Bar Council of India. Decide
which action by Bar Council would beappropriate.
a The senior partner of the firm can be held guilty of committing misconduct as it
withhold the valuable documents of the Bank is amisconduct
b The other partners cannot be vicarious liable for the misconduct of the senior partner.
Ans: c
103. Which of the following chapters of the Advocates Act regulates the
conduct of Advocates:
a. Chapter III
b. Chapter V
c Chapter IV
d. None
Ans: b
104. Which provision in the Advocates Act 1961, provide establishment of State Bar
Councils?
for th
a. Section 3
b. Section4
c Section 15
d Section 14
Ats: a
105. An ideal advocate should believe that the legal profession has an element of
service also and associates with legal activities. Most importantly, he should faithfully
abide by the standards of professional conduct and etiquette preseribed by the Bar
Council of India in Chapter IL, Part VI of the Bar Council of India Rules. It was said in
Ans: c
106. As a rule, an Advocate being a member of the legal profession has a social duty to
show the people a beacon of light by his conduct and actions rather than being adamant
on an unwarranted and uncalled for
issue. It was said in-
Ans: d
a Is criminal in nature
b. Is quasi-crininal in nature
Is civil in nature.
Ans: b
Ans:c
109 The Supreme Court in Indian Council of Legal Aid and Advice v. Bar
a. "It is generally believed that members of the legal profession have certain social
obligations, e-8, to render "pro bono publico" service to the poor and the
underprivileged.
b. The act of the advocate was misconduct of the highest degree as it not only
obstructed the administration of justice, but eroded the reputation of the profession in
the opinion of the public.
110 An advocate is under an obligation to uphold the rule of law and ensure that the
public justice system is enabled to function at its full potential. Any violation of the
principles of professional ethics by an advocate is unfortunate and unacceptable.
Ignoring even a minor Olation/misconduct militates against the fundamental foundation
of ne public justice system. It was said in-
Ans: b
Court, tohave integrihis fellow lawyers and to the litigants. He should have i
abundance and should never do anything that erodes his iniorscredi in the
An advocate has a duty to enlighten and encourage the juniors profession. It was said in-
d. O.P Sharma v. High Court of Punjab & Haryana, (2011)6 SCC 86.
Ans: d
112. In which case the Supreme Court ruled that has held that "misconduct has not
been defined in the Advocates Act, 1966 but misconduct envisages breach of discipline,
although it would not be possible to lay down exhaustively as to what would constitute
misconduct and indiscipline which, however, is wide enough to include wrongful
omission or commission, whether done or omitted to be done
intentionally or unintentionally"
Ans:a
113. "Court, be that of a Magistrate or the supreme Court is sacrosanct. The integrity
and sanctity of an institution which has bestowed upon itself the responsibility of
dispensing justice 1s ought to be maintaine. All the functionaries, be it advocates, judges
and the rest of the staff ought to act in accordance with morals and ethics."It was said in
in
Ans: d
114. dement against an Advocate who represented the client before him.
judgment?
a Issue Notice to the Presiding Officer under section 80 of CPC
Ans: c
115. When an Advocate abuses another Advocate without any reason or justification
and uses vulgar words, what is the guilty of
Ans:
116. State Bar Counsel under the provisions of section 35 of the Advocate Act, 1961, has
the authority to
d All of these.
Ans: d
117. If the State Bar Council is unable to dispose of the matter before it within one year
the matter
a. Stands disposed of
Ans: c
118. ABC entrusted his cases to a partner in the law firm in rela
relation had to recovery of money. However, it was found that the law firmn
and misappropriated the money given to it towards fees and expenses has failed to
account for the same. In this case who can be held gu
a Law firm
Ans:c
119. While exercising powers under which section of the Advocates Act, 1961, Bar
Council of India have framed Chapter II of Part VI of Bar Council of India Rules i.e.,
Standards of Professional Conduct and Etiquette
a Section 15
b Section 49
c Section 7
d.Section 28.
Ans: b
120. An advocate committed some professional misconduct. Complaint was filed by the
client at State Bar Council (SBC). In proceedings before the Disciplinary Committee (DC),
advocate filed a Memorandumn of
a Understanding (Compromise) signed by him and the complainant/
client
professional misconduct
d The DC must continue with the disciplinary only with the consent of the complainant
Ans: b
121. X (clien) enga but is and th hen engages Z (Advocate) to represent him. However, X
finds that bet re the court the other side is represented by Y. Choose the correctengages
Y (advocate) to represent his case before the court satisfied with his services. X
discharges Y as his Advocate
option:
a X cannot have any remedy agairnst Y in such situation as Y is free to be engaged by
other side
b. Xhas hired another advocate to represent him before the court, hence Y cannot be
faulted if he represented the other side before court
Ans: d
122. X(Advocate) demanded that the client first clears his fees before asking
for the return of the case documents. Such refusal by X to return the
b Amounted to misconduct
Did not amount to misconduct if there are no mala fides on the part d.
Ans: b
would getimmediate relief from the court as he is very friendly with the i
eptthe offer
Ans: a
125. An advocate is fined for jumping the red light. After paying the fine, he continued
his legal practice. Has he committed any professional misconduct?
a No, he is perfectly within his rights to continue his practise as the act of jumping the
red light does not amount to offence involving moral turpitude
b Yes, because section 24A of the Advocates Act, 1961 talks about b.
C.
a The disqualification under section 24A of the Advocates Act, 1961 applies only to
enrolment of the advocate and not to his continuation to practice as an advocate
Under section 44 of the Advocates Act, 1961, an order reviewed by
b. the Disciplinary Committee of State Bar Council will be effective only after the
approval of the Bar Council of India
If State Bar Council is unable to dispose of complaint within a period of one year from
the date of receipt of complaint or the date of initiation of proceedings at the instance
of State Bar Council. as the case may be, such proceeding shall stand transferred to
Council of India
C.Eor summoning and enforcing the attendance of any person and d. examining him on
oath, under section 42 of Advocates Act, 1961, the
isciplinary Committee of a Bar Council shall have same powers as are vested in a court
under Code of Civil Procedure, 1908.
Ans: a
127 AS per rule 172) ot Fart Vll of Bar Council of India Rules, the date af initiation of the
proceedings at the instance of State Bar Council is when
C.
Professional Conduct and Etiquette provides that an advocate shall not personally
engage in any business but he may be a sleeping partner in a firm doing business
provided that in the opinion of the appropriate
State Bar Council the nature of the business is not inconsistent with
a Rule 9
b.Rule 47
C. Rule 24
d Rule 35.
Ans:b
129 An advocate who has once accepted the brief and then wishes to withdraw must:
Ans: d
130. The Disciplinary Committee of State Bar Council does not have power to pass
following orders:
the
d Award cost.
Ans:b
d Is based on suspicion.
Ans:a
b.Yes, he can regardless of the nature of the business as long as it is the family business
c Yes, he can provided the nature of the business is not inconsistent with the dignity of
the profession in the opinion of the State Bar
d.None of the above.
Ans: C
is a Director?
a No, he cannot
b. Yes, he can
Ans: a
1908
1973
Ans: c
135 Which rule of the Bar Council of India Rules on Standards of Professional Conduct
and Etiquette provides that an advocate should not act or plead in any matter in which
he is himself peculiarly interested?
a Rule 11
b Rule 25
c Rule 9
d Rule 17
Ans: c
136. Which of the following is entrusted with the powers under the Advocates Act, 1961
for laying down the standards of professional conduct and etiquette for advocates in
India?
d Central Government.
Ans: c
137. Which rule of the Bar Council of India Rules on Standards of Professional Conduct
and Etiquette provides that an advocate shall not ordinarily withdraw from
engagements once accepted, without sufficient cause and unless reasonable, and
sufficient notice is given to the client?
a Rule 12
b Rule 9
c Rule 46
Rule 33.
Ans: a
138. What is the limitation period envisaged under section 36B(1) rela..
a Three years
b.Two years
c One year
d. Six months.
Ans: c
139. All proceedings before a Disciplinary Committee of a Bar Council within the
meaning of sections 193 and 228 of the Indian Penal Code shall be deemed to be a:
a quasi-judicial proceedings
b dministrative proceedings
c departmental proceedings
d. judicial proceedings.
.Ans: d
140. Under section 35 of the Advocates Act 1961, the Disciplinary Committee of the Bar
Council does not have the authority to:
d.award compensation
Ans: d
141. Mr. A took advice from an advocate Mr. X in relation to the instituiinn of the suit
for recovery of money against Mr. However, the suit was filed and argued by another
advocate and the same was decided in favour of Mr. Now, Mr. B wants to file an appeal
against this in the High Court and engaged Mr. X to represent him before the High Court
this will amount to prof fessional misconduct?
DruCSarta CO
Mr. X filed the appeal before the High Court on behalf of Mr. Whether
a no. this will not amount to professional misconduct since Mr. X is representing the
oppoSite party in an appeal before the different court
b No. this will not amount to professional misconduct since Mr. Xhad only advised in
connection with the institution of the suit but did not file or argue the matter before
the court
c This will amount to professional misconduct as the advocates cannot act, appeal or
plead for the opposite party in a matter where they have at any time advised in
connection with the institution of a suit
Ans:b
142. A disciplinary enquiry shall be dropped by the Disciplinary Committee of the State
Bar Council or Bar Council of India by reason of
Ans: c
143. What is the time period mentioned under section 24A of the Advocates Act, 1961,
after which the disqualification for enrolment shall cease to have effect?
a Five Years
b Two Years
c Three Years
d Six Months.
Aus: b
b Whether the Advocate is unfit to be entrusted with the respons. work of an Advocate.
nsible
Ans:d
145. The Disciplinary Committee of Bar Council of Delhi suspended an Advocate Mr. R,
for a period of six months. What is/are the option(s) available to Mr. R?
Ans: c
146. According to the provisions of rule 17(2) in Part VII of the Bar Council of India Rules,
which of the following is considered to be the date of receipt of the complaint:
Ans: a
147. According to the Bar Council of India, wlhich of the following happens immediately
on the lapse of the limitation period envisaged under
The as otherwise it wil Advocate. an act complained if an advocate has been convicted
under IPC under the Advocates Act, 1961 then:
C. could be convicted either under IPC or found guilty under Advocate Act, 1961
Ans: b
a Merely because the doors of civil and criminal courts are open, it does not mean that
the parallel remedy allowed under section 35 of the Advocates Act, 1961 is not available
b Categories of 'other misconduct' are not closed and new category of other misconduct
under section 35 of the Advocates Act, 1961 could arise in the changing time
c Advocate is only a mouth piece of his client and has no voice of his
own
d Moral turpitude means doing an act contrary to justice, honesty and modesty and of
wicked nature.
Ans: C
a Is civil in nature
b Is quasi-criminal in nature
c Is criminal in nature
Ans: b
enrolled advocate
b.
preponderance of probabilities
Ans: c
a No, it will not amount to professional misconduct as the advocate has a right to lien
b. It will amount to professional misconduct only when the documents are misused by
the advocate
Ans: c
153. Mr. G executed a vakalatnama in favour of two of the Partners of XYZ Law Firnm
based in Delhi. Mr. G established that he had handed over the valuable original
document to the said two partners of the law firm and they had withheld the same with
them. In this case of professional misconduct:
d Liability will depend upon the evidence against all the partners of
the firm.
Ans: c
154. proceedings being quasi-criminal in nature, the
b On preponderance of probabilities
Ans: a
155. under section 24A of the Advocates Act, 1961, if a person is convicted
Ans: b
156. An advocate shall not ordinarily withdraw from engagements, once accepted.
However if wishes to withdraw then such withdrawal must be accompanied with:
a. Sufficient cause
Ans: d
157 complinant had engaged the respondent for legal services and had
nim some amount towards fees and expenses. He had also signed vakalatnama
respondex
a.
5 years.
Ans:c
mean doing an act contrary to his duty to society in general due to vileness and
depravity
Ans:b
159. Persons illegally practicing in courts and before other authorities is to be punished:
c with imprisonment for a term which may extend to six months and with fine of Rs.
2,000
d.with imprisonment for a term which may extend to six months or with fine of Rs.
2,000.
Ans: b
160. X engages 1' (advocate) for filing a suit for recovery of money against Z who owned
10 lakhs to X. X then goes abroad and remains there without communicating anything to
his advocate. Ytries several times to communicate with X but without any success.
Thereafter, Y on behalf of his client settles the matter with Z at 7 lakhs. Two months
case ta lower amount. He did not authorize his advocate to settle.
of his client
b in the above situation, it was the fault of X that while he being b. hroad, he neither
communicated with Y, nor gave any further clearinstruction to Y
C.
of his clientIn the above situation, advocate cannot be attributed with any
d. misconduct.
Ans: b
161. Ram, an advocate, is the Director of a company, can he accept brief from the
company?
a (a) No, because Ram knows the internal functions of the company
b No, because an advocate should not act or plead in any matter in which he is himself
peculiarly interested
C.
d.
clients.
Ans: b
162 A (advocate) has been approached by the officers of X Private Limited tO represent
the company in a matter before the court. Should XPrivateLImited get the unfavourable
verdict in the case, it would have to pay a very big penalty to the regulator concerned,
and would even lose S cense to provide the services on which its business is based. X
tvate Limited is the wholly owned subsidiary of Y Private Limited, and Advocate A is a
Director of Y Private Limited.
a a can appear in the matter, since he does not haveapecuniary interest in X Private
Limited
C.A has a pecuniary interest in the matter, since an adverse veri:. against X Private
Limited would directly affect Y Private Limit of which he is a Directornited,
d. A can appear in the matter since he is not directly engaged Director of X Private
Limited.as a
Ans: c
b.the complainant
Ans:b
164. Can an advocate withdraw from a professional engagement once he has accepted
it?
a Yes, s/he has the liberty to withdraw at any time after refunding the money
165. Can an advocate be punished for the same act under the IPC and for professional
misconduct under Advocates Act?
c . rles framed by the various High Courts and the State Bar
C Councils
Ans: d
167. Whi doing' .. toh. among the following, an advocate is not prohibited from
Ans: c
168. The case P.N. v. Bar Council of Maharashtra, 15 (1&2) 1988 IBR 182
relates to:
a working for political ideology and conviction for offences involving moratl turputude
b Fictitious Compromise by Forging Documents
Ans: a
Ans: a
an op An advocate imust never commuricate or negotiate with ar
c unsel representing
ANS:b
171. If the court fee is unpaid or deficit at the time of filing of petition:
a petition is dismissed
b cost is imposed
AIS: d
172. The limitation period to prefer an appeal to the Bar Council of India against an
order passed by the Disciplinary Committee of a State Bar Council is:
a. within 30 days
b. within 60 days
c within 90 days
d within 1 year.
Ans – b
b.A business,
Ans: d
174. While punishin Supreme simultaneously?
a Yes
b No
c May be
Ans: b
b A pleader,
Ans: d
b.
C.
Ans:d
ans.. d
cates,
b. Two classes namely, senior advocates and other adv0ca.
advocats
c Two classes namely, Government advocates and private adiu
advocates,
Ans b
180. "Advocate" means an advocate entered in any roll under the provisin of Advocates
Act, 1961
a Correct,
b. Incorrect.
Ans: a
181. An advocate should appear in the Court in the prescribed dress and his appearance
should be presentable
a. Always necessary,
b. Not necessary,
c Sometimes necessary,
d. Never necessary.
Ans a
182. In exercise of powers conferred on it by Section &-A, tne * of India may constitute a
special committee consisting of of the if a State Bar Council fails conduct elections
before the
Coun"
expiry
term-
c Two nembers to be nominatecd by the Bar Council of India from ngst advocates on the
electoral roll of the Bar Council of India,
d Bo (a) and (b) above are correct.
Ans: d
Ans:d
a 5 years,
b 4 years,
C. 3 years,
d. 2 years.
Ans: a
185. An advocate-
a. Should not appear in any Court against the organization of which he is an executive
member or standing counsel,
b May appear at his discretion in any Court against the organization of which he is an
executive member or standing counsel,
186. when the Bar Council of one State refuses an application for enrolment
a. Correct statement,
b. Partly correy correct statement, because it is possible only with the written ons
t of the State Bar Council refusing the application and of theBar Council of India,
c Wrong statement, since the Bar Council of another State can entertain such
application, It is at the discretion of the Bar Council of another State whether to
entertain such application or not.
Ans: b
187. Any person who illegally practices in any Court shall be punished with
Ans: a
188. The Bar Council of India consists of the following members, namely-
c One member elected by each State Bar Council from among its
membersS,
Ans: d
roll-
Ans: d
c The Supreme Court or a High Court is of opinion that he is deserves such distinction by
virtue his special knowledge or experience in law,
d. All above.
Ans: d
192. An elected member of a Bar Council shall be disqualified from holding the office, if
a He remains absent from three consecutive meetings of the Council1 without sufficient
excuse,
of India,
Ans: d
C. Has fearless
d trust-worthiness for the cause of clients,
e. All above are correct.
Ans: d
194. The Advocate
a Should not appear in any matter in which he has a pecuniary niary interest.
May appear in any matter in which he has a pecuniary interest. witl the previous
sanction of the Court,
Ans:a
195. Every Bar Council shall constitute legal aid committee consisting of
Ans: a
196. If an advocate abstains from Court without informing his client it amounts to
negligence of duty to the client
a. Correct,
b. Incorrect.
Ans: a
Ans: a
a. Correct,
b.Incorrect.
Ans: a
199. Ethics fori the legal profession is a
a Code of conduct,
b Provides the duties of an Advocate and regulates their behaviour while performing
the duties,
Ans: C
Ans: a
201. For transfer of his name from one State roll to another, an advocate-
d Only (a) and (b) are correct, (c) is wrong since there is no fee payable for such
transfer.
Ans: d
a Fearlessly protect the interest of his client with all fair and honourable
means,
Ans: d
203. Any person aggrieved by an order of the disciplinary committee of a State Bar
Council mayy prefer an appeal to Bar Council of India-
a. Within sixty days from the date of the communication of the order to him,
b.Within thirty days from the date of the communication of the order to him,
Ans: a
204. Section 48-A confers on the Bar Council of India the power of-
a Appeal,
b.Revision,
c Review
d. None of above.
Ans: b
brief
a If the advocate is physically disabled and therefore unable to appear for the client,
Ans: d
C. To inspect Universities,
d All above.
Ans: d
b Accept any full time salaried employment but under intimation to the
Bar Council where he is registered, and in that case, he should cease the practice as an
Advocate till he continues in such employment,.
d None of above.
Ans:c
a Requisition any public record or copies thereof from any Court or office,
Ans: C
209. The following punishments may be inflicted on an advocate for the misconduct
committed by him-
c Removalof the name of the advocate from the State roll of advocates,
Ans: d
210. An Advocate should not advertise either directly or indirectly about the cases in
which he has been engaged
a Correct,
b Incorrect.
Aus: a
211. An application made to State Bar Council for enrolment as a shall be referred to
an advocate
a Legal aid committee of that Bar,
a Honest
b Reliable,
c Hard working
d. All above.
Ans: d
213. Bar Council of India may direct removal of name of any person from the roll of
advocates, if such person has got his name entered on the
roll of advocates
b By fraud,
c By undue influence,
Ans:d
advocates,
c committee and the disciplinary cormmittee of each State Bar Council, To safeguard the
rights, privileges and interests of advocates,
d All above.
Ans: d
evidence,
d All of above.
Ans: d
217. According to Section 26-A, a State Bar Council has power to remove name of any
advocate from roll, if
a He is dead,
State Bar Council has no power to remove the name as this power d.
Ans: c
218. the tollowing are some of the functions of the Bar Council of India-
to Conduct and organize the seminars and legal aid to the poor, d.
d All above.
Ans: d
219. An Advocate, while presenting his case or otherwise acting before the Court,
should
a Conduct himself with dignity and self-respect,
b.Maintain respectful attitude towards the Court maintaining the dignity of the judicial
officer,
c Even if the pleas and arguments of an Advocate do not find favour of the Court, he
should reconcile and maintain the dignity of the Court as well the majesty of law,
Ans: d
220. The order made by the disciplinary committee of the Bar Council of India-
a Is appealable,
b. ls non-aPpealable.
Ans: a
Ans: d
222. Any person aggrieved by an order made by disciplinary committee of Bar Council of
India may prefer an aPpeal before
d. No appeal lies.
Ans: c
of a Bar Council
a. Appeal,
b. Revision,
c Review,
d None of above.
Ans: C
224, The Bar Council of India may calI for the record of any proceeding which has been
disposed of by a State Bar Council and from which no appeal lies, for satisfying itself as
to legality, or propriety thereof andmay pass suitable orders-
a Incorrect,
b Correct.
Ans: b
226. An application for transfer of name from one State roll to another shall be rejected-
Ans: d
a True,
b False.
Ans: a
d.All above.
Ans: d
229. If a State Bar Council fails to conduct election before the expiry of its
a Extend the said term for a period not exceeding three months,
b. Extend the said term for a period not exceeding" six months,
Ans: b
230. The disciplinary committee of a Bar Council may exercise its power to
review
Ans: C
Ans: c
232. The disqualification for enrolment shall cease to have effect after lapse of a period
of.since the release or dismissal or removal of the person-
a Four years,
b Three years,
c Two years,
d One year.
Ans: c
233. The Advocate is never expected to influence the decision of the Court-
a By any illegal, unfair or improper means,
b By private communication relating to a pending case with a Judge,
234. After constitution of the Special Committee and until the State Bar Council is
constituted
a All properties and assets vesting in the State Bar Council shall vest in the Special
Committee,
b All rights, liabilities and obligations of the State Bar Council shall b.
be the rights, liabilities and obligations of the Special Committee,
c Al proceedings pending before the State Bar Council shall stand transferred to the
Special Committee,
d.All above are correct.
Ans: d
unsel
ctics, Refuse to take the case of such client who believes in improper tacis
or opposite parties.
Ans: d
236. The limitation period prescribed for preferring appeal against the order made by
disciplinary committee of Bar Council of India is days from the date of communication of
order
a Thirty days,
b.Sixty days,
C. Ninety days,
d. Fifteen days.
Ans:b
237. The seniority of the advocate shall be determined by date of enrolment but where
such date of two or more persons is the same
a The one having more appearances shall be reckoned senior to the other,
c The one practicing in High Court shall be reckoned as senior to the other who is
practicing in other Courts,
Ans: b
238. The disciplinary committee of a Bar Council has the same powers as are vested in a
civil Court, namely-
a Summoning and enforcing the attendance of any person and examining him on oath,
d All above.
Ans: d
239 Under Section 48-AA, the Bar Council of India enjoys the power of
a. revision,
b. review
C Appeal,
d. None of above.
Ans: b
240. Once engagea, the advocate shall not ordinarily withdraw without
sufficient cause-
a Correct,
b. inorrect.
Ans: a
b. Appear in a case in which there is already an AdvOcate on record except with his
consent,
Ans: d
242 A lawyer must, as a rule, take up a case for any member of public if
Ans: d
243 . Mark the ground for just refusal of brief by the advocate-
a The client is not prepared to pay him a reasonable fee,
Ans: d
244. An advocate should not practice before a Judge wh0 is related to him.
Ans: b
Ans: d
a Not to make allegations against the opponent which do not have the support of
evidence.
b.Not to negotiate in any way on the subject matter of controversy except through
adversary counsel,
Ans: d
247. An Advocate should behave with his colleagues with Courtesy, respect
and honour
a True,
b False.
Ans: a
ically, an Adv Stipulating the fees depending on the result of the litigation or charging
any percentage to share the proceeds of the result,
Ans: d
249. In which case, where the advocate of one of the parties was asking for continuous
adjournments to the immense inconvenience of the opposite party, it was held by the
Supreme Court that seeking adjournments for postponing the examination of witnesses
who were present without making other arrangements "for examining such witnesses is
a dereliction of the duty that an advocate owed to the
Ans: a
250. In which famous case this issue had come up. Whether the advocate had
committed a professional misconduct and is guilty of the offence of the criminal
contempt of the Court for having interfered with and obstructed the course of justice by
trying to threaten, overawe and Overbear the Court by using insulting, disrespectful and
threatening language:
b.
C.
Ans: a
251. Retention of money deposited with advocate for the decree holda
which case:
Ans: d
252. "Misconduct" would cover any activity or conduct which his professional brethren
of good repute and competency would reasonably regard as disgraceful or
dishonourable. It may be noted that the scope of "misconduct" is not restricted by
technical interpretations of rules of conduct. This was proven conclusively in the case of:
253. The maximum limit of the members of the State Bar Council:
a 15
b.20
c 25
d None.
Ans: c
Ans: b
a3
b4
c5
d none.
Ans: a
256. The Supreme Court held in VC. Rangadurai v. D. Gopalan that an advocate who has
been disbarred or suspended from practice must
257. Pick out the case that is popularly called as the Solicitor's Case.
258. State Bar Council under the provisions of Section 35 of the Advocates Act, 1961 has
the authority to
d. All of these
Ans: d
259. The Bar Council of India Rule which stipulated that persons aged 45 years and
above could not be enrolled as advocates was struck down by the Supreme Court in:
Ans: b
a Section 2(b)
b.Section 2(a)
Section 2(c)
d. Section 2(d)
Ans: b
a Section 25
b.Section 30
Section 15
C.
Section 10
d.
Ans: b
263. a. Which of the following sections deals with Bar Council of India's
revisional power?
a Section 48-A
b. Section 48-3
Section 49
C.
d. Section 48
Ans: a
264. The term of office of an elected member of a Slate Bar Council is:
a Two years
b Five years
c Six years
d Seven years
Ans: b
Ans: a
a 2(1h)
b 2(1)i)
2(1)G)
d. 2(1)(k).
Ans: b
267. Which of the following chapters of the Advocates Act regulates the conduct of
Advocates:
a Chapter III
b Chapter V
Chapter IV
None.
Ans: b
a 2(1)b)
b.2(1(a)
2(1%c)
C.
d2(1%d).
Ans:b
a 3 years
b. 4 years
c 5 years
d.None.
Ans: c
d.
Aus: a
50 sections
b 55 sections
c 60 sections
d. 62 sections.
Ans: c
a. Execulive commillee
b EnromentCommiltee
c DisciplinryCommitlee
dNonc.
Ans: c
d.
Ans: b
274. Punishmentof Advocates for misconduct has been given under section
a 30
b 32
c 35
d None.
Ans: C
Ans: a
276. In which case the Supreme Court has held that "misconduct has not been defined
in the Advocates Act, 1966 but misconduct envisages Dreach of discipline, although it
would not be possible to lay down exhaustively as to what would constitute misconduct
and indiscipline which, however, is wide enough to include wrongful omission or
commission, whether done or omitted to be done intentional. unintentionally"
onally or
Ans: a
a 48
b 48A
c 48AA
d.None.
Ans: b
278. Whether High Court is empowered to try offences committed or offenders found
outside the jurisdiction:
a Yes
b.No
a 2(a)
b 2(b)
c 2(c)
d.None.
Ans: a
a 1962
b 1959
c 1961
d 1966
Ans: c
281. The Bar Council of India consist of the following as ex-officio member:
282. Indian Bar Committee was constituted for the first time under the
a 1927
b 1961
c 1949
d 1923
Ans: d
a Section 42
b.Section 53
c Section 40
d.Section 36
Ans: a
284. The limitation to lie an appeal to the Supreme Court from the date a the order
appealed against, under Contempt of Courts Act is:
a. Within 30 days
b. Within 60 days
C. Within 90 days
d. None.
Ans:b
285. "Court, be that of a Magistrate or the Supreme Court is sacrosanct. The integrity
and sanctity of an institution which has bestowed upon itself the responsibility of
dispensing justice is ought to be maintained. All the functionaries, be it advocates,
judges and the rest of the staff ought to act in accordance with morals and ethics." It
was said in-
Ans: d
d. Shamsher Singh Bedi v. High Court of Punjab && Haryana, (1996) 7 SCC 99.
Ans: c
287. The Supreme Court in Indian Council of Legal Aid and Advice v. Bar
Ne o the abovo,
Ans a
288 A deal advocale ahold beleve that the legal profemionhan an element otaervicealao
an atriocinten with legal nervice activities. leatinportantly, he abould faithfully abide by
the ntandardn of profeaaionalconduel and cllquellepreneribed by the Bar Council of
India in Chapter 11, V'art VI ot the Bar Council of India Rulen. Il wan
said in
289. As a rule, an Advocate being a member of the legal profession has a s0cial duty to
shov the people a beacon of light by his conduct and actions rather than being adamant
on an unwarranled and uncalled for issue. It was said in
a l D. Jaikwal v. State of Lltar Pradesh, (1984) 3 SCC 405
b State of Punjab v. Ram Shugh, Ex-Coustable, AIR 1970 SC 919
c Shamsher Singh Bedi v. Higlh Court of Pnjab&&Haryama, (1996) 7 SCC 99
d 0P Slharnma v. High Court of Punjab & Haryana, (2011) 6 SCC 86. .
Aus: d
290, State Bar Counielundoerthoprovinionn of #ection 35 of the Advanss Act, 1961, han
the authorily to
b Supend the advocate from praclice for sauch period as it nay deem f
c Remove the name of the advocate from the slate roll of advocates
d.All of thee.
ans d
291. "The fundamental aim of legal ethics is to maintain the honour and dignily of the
Law Profession, to secure a spirit of friendly cooperation between the Bench and the Bar
in the promotion of the highest slandards of justice, to establish honourable and fair
dealings of the counsel with his elient opponent and witnesses; lo establish a spirit of
brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities
to the community generally" Whose statement is this?
Ans: a
292. The Supreme Court has held that an advocate cannot claim a lien over a litigation
file entrusted to him for his fees .. no professional can be given the right to withhold the
returnable records relating to the work done by him with his clients matter on the
strength of any claim for unpaid remuneration. The alternative is the professional
concerned can resort to other legal remedies for such unpaid remuneration. Refer
326
Ans: a
293 An advocate 15 under an obligation to uphold the rule of law and ensure that the
public justice system is enabled to function at its full potential. Any violation ot the
principles of professional ethics by an advocate is unfortunate and unacceptable.
Ignoring even a minor violation/misconduct milifates against the fundamental
foundation of the public justice system. It was said in-
a Hikmat Ali Khan v. Ishwar Prasad Arya, 1997 3 SCC 131
294. Indian Council of Legal Aid & Advice v. BO; (1995) 1 SCC 732 deals
Ans: a
295. For transfer of roll from one State to another, an application is made
to
Ans: a
296. Supreme Court held in VC. Rangaduraz u. D. Gopalan, (1979) 1 SCC3 308 that an
advocate who has been disbarred or suspended fromece must prove after the
expiration of a reasonable length of time that
Ans: c
Bar Council?
a Special Committee
b.Disciplinary Committee
Ans: d
298. General power of the Bar Council of India to make rules is envisaged under which
section of the Advocates Act, 1961?
a Section 48
b.Section 49
c Section 11-2
d.Section IV-A
Ans: b
299. Which section speaks of disciplinary powers of the Bar Council of India under the
Advocates Act, 1961?
a. Section 32
b. Section 39
C. Section 36
d.Section 37
Ans: c
300. Which section under Advocates Act, 1961 speaks about the constitution
a 9
b.10
C. 9-A
d. 10-A
Ans: c
301, Retention of money deposited with advocate for the decree-holder even after
execution proceedings was held as an instance of misconduect
in which case?
Ans: a
302. Which of the following is untrue regarding qualification for a person to be admitted
on the State rolls maintained by State Bar Councils?
turpitude.
d. They must not have been convicted of an offence under the provisions of the
Untouchability (Offences) Act, 1958.
Ans: b
303. The Bar Council of India Rules which stipulated that persons aged 45
years and above could not be enrolled as advocates was struck down
b indian Council of Legal Aid and Advise u. Bar Council of India, (1995) 1 SCC 732
Ans: b
anfactor?
persons
Ans: d
305. State Bar Council under the provisions of Section 35, Advocates Act, 1961 has the
authority to
d all of these
Ans: d
306. Duty of an advocate towards his client is detailed out in which rules of
a Rules 33 to 38
b Rules 11 to 33
Rules 23 to 27
C.Rules 33 to 36
d.
Ans: b
as to enrolmenť?
a Section 25-A
b.Section 26-A
c Section 27-A
d.Section 24-A
Ans: d
a State arCouncila
Aus: b
309 The Bar Council of lndin is a statulory body created by P'arliament under the
Advocates Act, 1961 lo regulate and represent the Indianbar?
310. An advocate should be dignified in his dealings to the Court, to his fellow lawyers
and to the litigants. He should have integrity in abundance and should never do
anything that erodes his credibility. An advocate has a duty to enlighten and encourage
the juniors in the profession. It was said in-
SCC 600
d O.P. Sharna v. High Court of Punjab & Haryana, (2011) 6 SCC 86. .
Ans: d
311 Which is the correct statement with regard to the professional cthics of a lawyer?
improper means. F
onduct, An advocate abuning, the proceiOl the: court is guilty of misu.
312. Which of the following can be done by a Senior Advocate in acordane with the
Rules of Bar Council of India?
advocale.
Ans: a
Ans:. a
314. Which of the followingrules of Chapter II of Part VI of the Bar Council Rules deal
with the duty of an Advocate in respect of any moneys received by him from the client?
a Rule 25
b.Rule 33
c Rule 24
d.
Ans: a
315. Which of the following case is the leading case in terms of deliberate delay in filing
of the suit resulting in huge losses to the complainant?2
a KrtshanralGoswamt v Vislwanath D
b Mukashikar, DC Appenl No. 40/1995 Pratay Narayan vn. Y.P. Raleja, BCI Tr Case No.
40/1993
Ans: a
a 1971
b1961
c 1969
d 1975
Ans: a
Ans: b
319. The term Contempt of Court defined in the Contempt of Courts Act
means_
b.wilful disobedience to any judgment, decree, direction, order, writ or other process of
a court or wilful breach of an undertaking givento a court
c means the publication of any matter or the doing of any other act whatsoever which
scandalises or tends to scandalise, or lowers or tends to lower the authority of, any
court
d None of the above
Ans: a
320. Contempt of court may be punished with simple imprisonment for a term which
may extend to_
a six month
b.a year
c two months
d.None of the above
Ans: a
321. No court shall initiate any proceedings of contempt, either on its own motion or
otherwise, after the expiry of a period of?
a three years
b.two years
c a year
d one of the above
Ans: c