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PROFESSIONAL ETHICS AND CONTEMPT

OF COURT LAW

MULTIPLE CHOICE QUESTIONS

1 The Advocates Act was passed in the year

a 1960

b 1961
c 1962

d 1963

Ans: b

2 The Advocates Act, 1961 was passed with which of the following

purpose/s?

a To amend and consolidate the law relating to the legal practitioners

b To provide for the constitution of Bar Councils

c To provide for the constitution of All-India Bar


d None of the above
e All of the above

Ans: e

3 The Advocates Act was passed on?


a 19th May, 1961

b. 9th May, 1961 C. 21st April 1961

d.

20th March 1960

Ans: a

4 Advocate's Act extends to

a. the whole of India except J&K

b. the whole of India

C.certain specified parts of India

d.None of the above

Ans: b
5. Which of the following is/are (a) function of the State Bar Councils?

a to admit persons as advocates on its roll

b. to prepare and maintain such rol

d. to safeguard the rights, privileges and interests of advocates on its roll

to entertain and determine cases of misconduct against advoca. C.

cates

on its roll

None of the above

e.

f All of the above

Ans:f

6 The term 'advocate' defined under section 2 of this Act means:.

a an advocate entered in any role under the provisions of this Act

a.

a person who has obtained a degree in law from any recognised University established
by law

All of the above

C.None of the above

Ans: a

7 The term of office of an elected member of a State Bar Council (other .

than an elected member thereof referred to in section 54) shall be .

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

9 Which of the following is/are not a function of the Bar Council of 9.

India?

a to lay down standards of professional conduct and etiquette for


advocates

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 to promote and support law reform

d.

None of the above

e.

e. All of the above

Ans: e

10. The Designation 'Senior Advocates' is provided under.

a Section 16, Advocates Act 1961

b Section 26, Advocates Act 1961


c Section 6, Advocates Act 1961
d. Section 15, Advocates Act, 1961

Ans: a

11. Right to pre-audience is provided byy_

a Section 33 of Advocates Act 1961


b Section 23 of Advocates act 1961

Section 16 of advocates act 1961

C.

Section 36 of Advocates act 1961

Ans: b

12. The 'Contempt of Court' belongs to

a Entry 77 of Union List entry 14 of state list and schedule VII of Constitution of India

b Entry 70 of Union List and entry 40 of state list

Entry 67 of Union List and Entry 13 of state list

None of the above

Ans: b

13. Disciplinary Committee of Bar Council is Conferred the pou civil court under CPC?

of

a Section 36 of Advocates Act, 1961

b. Section 42 of Advocates Act, 1961

c Section 42(Amendment) of Advocates Act, 1961

d. Section 28 of Advocates Act, 1961

Ans: b

14. Which of the following governs the conduct of advocates?


a The rules framed by the Bar Council of Indi

b. The CP

c The Advocates Act, 1961.

d. The rules framed by the various High Courts.

e All of the above. e

Ans: e
15 Which, among the following, is an advocate not prohibited from doing?

a personally engaging in business.

b Being the managing director of a company.

c Being a full-time salaried employee of a company.

d Running for political office.

Participating in the management of a business that he/she has inherited

e.

Ans: a

16. Which of the following statements about the duties of advocates 15

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

c If an advocate witlhdraws from an engagement, the advocate mu refund any part of


unearned fee to the client.

d An advocate may never refuse to accept any briefs.

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?

a An advocate must only communicate or negotiate with an opposinng party through


the counsel representing the opposing party.

b An advocate must never communicate or negotiate with an opposing party at all.


c An advocate must only communicate or negotiate with an oPposing party regarding
the controversy, through the counsel representing the opposing party.

An advocate must never communicate or negotiate with an opposing party regarding


the controversy.

None of the above.

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

violated the Advocates' Code of Conduct?

Principle: An advocate who has inherited, or succeeded by survivorship to a family


business may continue in the family business. An advocate may not, however,
personally participate in the management of such a business. (BCI Rules, Part VI,
Chapter II, Section VII, Rule 50)

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.

c Yes, since A was personally involved in the management of the business.

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

identification by the advocate, C then filed an application to have

barred from the case, claiming that A was a material witness in th

be disbarred from the case?

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.

interest in the matter.

No, A cannot be disbarred from the case, since he/she did not have

d.

a personal interest in the matter.

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)

d.None of the Above

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

None of the above


Ans:a

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

a. NoratanmniChouraria . M.R. Murh, (2004) 5 SCC 689

b. Bar Council of Maharashtra v. M.V. Dabholkar, (1976) 2 SCC 291

N.C. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135

C d. B.M. Verma v. Uttarakhand Electricity Regułatory Commission, 2007

SCC OnLine APTEL 29

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?

Frinciple: Where an advocate receives any amount given by or on behalf

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.

Bar Council is misappropriation?

a. Impose a fine

b Name of the advocate will be struck off from the rolls

c Suspension from practice

d All of the above

Ans: d

26 On being aggrieved by the order of State Bar Council, one can appeal

a the High Court

b the Supreme Court

c the Bar Council of India

d the Indian Law Commission

Ans:C

27. Section 24, Advocates Act deals with

a qualification of advocates who should be enrolled in the Bar


b qualification to become the Advocate General

C. qualification to become Solicitor General of India

d. both (b) and (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

d. All of the above

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

d. None of the above

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

a.the Legal Service Corporation Act, 1974

b. the Legal Aid and Advice Act, 1949

C. the Legal Services Authorities Act, 1987

d. none of the above

Ans: C

31 Which is the body that award punishments to the advocates fo

misconduct?

a. Ethics Committee

Professional Development Committee

b.

c Disciplinary Committee

d. High Court
ans c

32. Which of the following are the 4 duties of a lawyer?

a To Society, To the Bar, to the Constitution, to the People


bTo Society, To the Republic, to the Church, to the Client

C. To Society, To the Courts, To the Bar, to the Client

d. To Society, to the Courts, to the IBP, to the Bar

Ans: c

33. The provisions relating to admission, enrolment & rights of an advocate are dealt by
which Act?
a Bar Council of India Act,

b. Advocates Act, 1961

c. Contempt of Courts Act, 1971

None of the above

d.

Ans: b

34. The provisions relating to admission, enrolment & rights of an advocate are dealt by
which sections?

a Sections 16 to 28 of Advocates Act

b. Sections 29 to 56 of Advocates Act

Sections 16 to 28 of Bar Council of India Act,

C.

Sections 29 to 56 of Bar Council of India Act,

Ans: a

35 Which of the following writs is said to be a guarantor of personal

freedom?

a Mandamus

b Habeas Corpus

c Quo warrant

d. Ceriorari

Ans:b

36. Section 24-A, Advocates Act, 1961 provides


a disqualification for enrolment

b regular attendance at Law College


c admitted for enrolment in Bar or State roll

d election to State Bar Council

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

39 COnsider the following statements about Contempt or Court.

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.

Which of the above statements is/are correct?

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.

Name of the writ

Meaning of the writ


List I

List II

1. Habeas Corpus

To command

2. Mandamus

By what warrant

3. Certiorari

You should have the body

4. Quo Warranto

To inform

1-B; 2-D; 3-A; 4-C

a.

b.

1-B; 2-A; 3-D; 4-C

1-C; 2-D;3-A; 4-B

C.

d. 1-C;2-A; 3-D; 4-B

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

Select the correct answer using the code given below:

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

d None of the above

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-

a. Articles 215 and 129 of the Constitution respectively

b. Articles 129 and 215 of the Constitution respectively

C. Articles 128 and 215 of the Constitution respectively

d.Articles 129 and 214 of the Constitution respectively

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-

a.on its own motion

b on a report by a State Bar Council

c on an application made to it by any person interested

d All of the above.


Ans: d.

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

b.Requiring discovery and production of any documents


c Recellzing evidence on affidavits

d All of the above.

AnS: d

47. Any person aggrieved by an order made by Disciplinary Committee of Bar Council of
India may prefer an appeal before

a Any High Court


b. Supreme Court of India

C. Appellate Committee of Bar Council of India

d. No appeal lies.

Ans:b

48. Which of the statements is/are true about the Contempt of Courts Act,

1971?

1. It divides contempt into 2 categories


2. Civil contempt is willful disobedience to any judgement, decreeor direction

3 Criminal contempt is 'the publication of any matter which Scandalises or tends


scandalize, or lowers or tends to lower the authority of, any Court

a 1

b Only 1&2

c All of the above

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

d. all of the above

Ans: d

50. What is the meant by the term "professional misconduct"?

a An act done willfully with wrong intention


b Conduct which amounts to dereliction of duty by an advocate towards his client or
towards his case.

c Gross negligence in the discharge of duties.

d All of the above.

Ans: d

51. Consider the following statements.

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.

Which of the above statements is/are correct?

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

Principle: An Advocate should not act or plead in any matter in whia


he is himself pecuniarily interested

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

ince he does not haye

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.

d. Advocate A can appear in the matter since he is not directly engage

as a Director of X Private Limited

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

53. What do you understand by the "Professional Ethics" of Lawyers

a It is the code of conduct which lawyers have to observe in the coi


b. It is the code of conduct which lawyers have to observe diurg proceedings of the
court.
c It is the code of conduct which every lawyers has to oDse themselves, public at large,
their clients and courts durng of their profession.

d None of the above

ans . c

54. Which section provides that where any proceeding

IS pending betore disposed by the Disciplinary Committee of State 5ar or w ncilwithini

Disciplinary Committee of a State Bar Councicili

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

55. According to section 4 of the Advocates Act, 1961

a There shall be a Bar Council for the territories to which the Act

extends to be known as Bar Council of India

b There shall be a Bar Council for every district to which the Act extends

c Both (a) and (b)

d Neither (a) nor (b).

Ans: a

56. Every Bar Council is

a A body corporate having perpetual succession and a common seal

b Competent to contract and to acquire and hold movable and immovable property

c May sue and be sued

d All the above.

Ans: d

57, The Bar Council of India consist of the following members, namely

aThe Attorney-General of India, ex-officio

b The Solicitor-General of India, ex-officio

c One member elected by each State Bar Council from among its members

d.All of the above.

Ans: d

58. What are the general functions of State Bar Council-

a To admit persons as advocates on its roll and to prepare and m:

maintaisuch roll

b. To entertain and determine cases of misconduct against advocah

on its rol1

To safeguard the rights, privileges and interests of advocates on


roll
d. All of the above.
Ans: d

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

60. What are the functions of the Bar Council of India-

a to lay down standards of professional conduct and etiquette for

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.

d All of the above.

Ans: d

61. A Bar Council shall constitute

a One or more Disciplinary Committee

b Consists of three persons, two to be elected and other to be co-optedb

c Both (a) and (b)

d Neither (a) nor (b).

ans c

62 Who shalll be the Chairman of Disciplinary Committee?

a The senior-most advocate amongst the members of a Disciplinary

Committee
b Aperson to whom a Bar Council selects as a Chairman

C. Deputy Chairman of Bar Council

d. None of the above.

Ans: a

63 Every Bar Council shall constitute "Legal Aid Committee" consisting

of

a At least 5 members but maximum 9 members

b. At least 3 members but maximum 9 members

c At least 5 members but maximum 7 members

d At least 3 members, but maximum 7 members.

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

of Bar Council of India-

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

c Legal Aid Committee

d None of the above.

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

a. Dismiss the complaint

b. Reprimand the advocate

c Suspend the advocate from practice for such period as it may deem it

d All of the above.

Ans:d

68. Which of the following is/are (a) function of the State Bar Councils?

a to admit persons as advocates on its roll

b.to prepare and maintain such roll

c. to entertain and determine cases of misconduct against advocates on its rol

d. to safeguard the rights, privileges and interests of advocates onits roll

e None of the above.

f. All of the above

Ans: f

69. Where an advocate is suspended from practice, by the disciplinar committee of


State Bar Council, he shall during the period or, suspension, be debarred from practising

a in the court where he was practising

b .in the High Court

c .in the Supreme Court

d.in any court or before any authority or person in India.


Ans: d

70 What are the remedies to the advocate against order of punishment

a. Review the order by Disciplinary Committee

b Appeal against the orders of Disciplinary Committee of State Bar b.

Council

c Appeal before Bar Council of India

d. All the above.

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

c Bar Council of India

d. None of the above.

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

No appeal lies against such order.

Ans: a

73 Wnere on receipt of a complaint or otherwise the Bar Council of India ds reason to


believe that any advocate whose name is not entered on 73. uy state roll has been guilty
of professional or other misconduct, it

provided in

a. Section 36

b. Section 37
c. Section 38

d. Section 39

Ans: a

74. The Bar Council of India may-

a. Review any order passed by it

b. Review any order passed by it either suomotu or otherwise b.

c Review within sixty days of the date of the order

d. All of the above. d.

Ans: d

75. Section 44 confers the powers of of a Bar Council

on the Disciplinary Committee

a. Appeal

b Revision

c Review

None of the above.

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.

from the communication of the order

a Thirty days

b.Sixty days

c Ninety days

d Fifteen days

Ans: b

7. Under section 48. enjoys the power of

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

b. Any High Court C. Any Court in India

d. None of the above.

Ans: a

79 State Bar Council under the provisions of section 35 of the Advocates Act, 1961 has
the authority to-

a. Reprimand the advocate

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

a on its own motion or otherwise


b. within sixty days of the date of the order

c Both (a) or (b)


d Neither (a) nor (b).

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

83. The Disciplinary Committee of a Bar Council has power to?

a. Requisition of any public record or copies thereof from any court

or office

b.Issue commissions for the examination of witness or documents

c Both (a) and (b)

Neither (a) nor (b).

Ans: C

84. Under section 42 of the Advocates Act, 1961 what are the powers given

to the Disciplinary Committee?

a Summoning and enterin8 the attendance of any persoj examining him oath

b Requiring discovery and prOduction of any document

c Receiving evidence on affidavit

d All of the above.

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?

a. A should withdraw the suit since the family name is at stake.

b. B has a fiduciary relationship with C, and A would therefore be obliged to withdraw


the suit for the benefit of the C's family on B's instructions.

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

oncerned State, for not having insisted on a settlement. Is Cat faulp

In light of these facts, which of the following statements is the mo

most

accurate

a Yes, C is at fault as he effectively pushed A into litigation by not providing proper


advice.

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

89 "Advocate" means an advocate entered in any roll under the provisions

of

a Constitution of India

b. Advocate Act, 1961

c Advocate Act, 1948

d.None of the above.

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

b once it is proved that Advocate has committed prof misconduct he should be


suspended from practice

C. Both (a) and (b)

d. Neither (a) nor (b).

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)

d.Neither (a) nor (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

limitati ion of 1 year envisaged under section 36B(1) of the Advocates

1both held the Respondent-Advocate guilty of professional

Council both held the Re.

duct. Whether the impugned judgment and order of the D.and

Act, 1961. Decide.

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

Shamsher Singh Bedi v. High Court of Punjab &Haryana, (1996) 7 SCC 99

b. LD Jaikwal v. State of Uttar Pradesh, (1984) 3 SCC 405

c O.P. Sharma v. High Court of Punjab &Hlaryana, (2011) 6 SCC 86

4.State of Punjabu Ram Singh, Ex-Constable, AIR 1970 SC 919

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

98. Section 9 of the Advocate's Act deals with:

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-

a. he must be citizen of India

b. he has completed the age of 21 year


C. he has obtained a degree in law

d. All the above.

Ans: d

100. Any person who illegally practices as an "Advocate'" in any court shall be punished
with-

a imprisonment which may extend to six months

b.imprisonment which may extend to three months

c . Fine which may extend to five thousand rupees.

d imprisonment which may extend to one month


Ans: a

101. Which of the following persons shall not be admitted as an advocatea State Roll

a A person convicted of an offence involving moral turpitude


b A person convicted of an oftence under the provisions of untouchability (offences)
Act, 1955

c A person who is dismissed or remOved from employment C.

charge involving moral turpitude

d. All of the above.

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.

c Both (a) and (b)

d. Neither (a) nor (b).

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

a State of Punjab u. Ram Singh, Ex-Constable, AIR 1970 SC 919


b. L.Jaikwal v. Staie of Uttar Pradesh, (1984) 3 SCC 405
c O.P Sharma v. High Coiurt of Punjab & Haryana, (2011) 6 SCC 86
d ShansherSinglhBedi v. High Court of Punjab & Haryana, (1996)7 SCC 99

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-

a. LD Jaikuwal v. State of Uttar Pradest, (1984) 3 SCC 405

. State of Punjab v. Ram Singl, Ex-Consiable, AlR 1970 SC 919


C.Shamsher Singh Bedi v. High Court of Punjab & Haryana, (1996) 7 SCC 99
d O.P. Sharma v. High Court of Punjab & Haryana, (2011) 6 ScC 86

Ans: d

107. That nature of proceedings in thie cases or professional misconduct:

a Is criminal in nature

b. Is quasi-crininal in nature

Is civil in nature.

Neither civil or criminal.

Ans: b

108 ancate's duty is as important as that of a Judge. Advocates have a large


responsibwesponsibility towards the society. A client's relationship withyocate is
underlined by utmost trust. It was said it-
a is/h Ctate of Punjab v. Ram Singh, Ex-Constable, AIR 1970 SC 919

b L.Jaikwal o. State of Llttar Pradesh, (1984) 3 SCC 405

c O.P. Sharna v. High Court of Punjab & Haryana, (2011) 6 SCC 86

ShamsherSingtBedi u. High Court of Ptunjab& Haryana, (1996)7 SCC 99

Ans:c

109 The Supreme Court in Indian Council of Legal Aid and Advice v. Bar

Council of India reporTedtn (1995)1 SCC 732, observed that:

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.

c. Misconduct of advocates should thus be understood in a context- specific, dynamic


sense, which captures the role of the advocate in the society at large.

d. None of the above.


Ans: a

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-

a ikmat All Khan v. Ishwar Prasad Arya, 1997 3 SCC 132

b O Sharma v High Court of Punjab & Haryana, (2011) 6 SCC 86


c DJakoal v State of Lttar Pradesh, (1984) 3 SCC 405 C
otinslher Singh Bedi v. High Court of Punjab & Haryana, (1996) 7 SCC 99.

Ans: b

111. An advocate should be dignified in his dealings to the his credibil

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-

a. M.Sanghi, Advocate v. High Court of Punjab & Haryana, (1991) 3 SCC


b. State of Punjab v. Ranm Singh, Ex-Constable, AlR 1970 SC 919

c Supreme Court Bar Association v. Union of India, (1998) 4 SCC 409

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"

a NoratanmalChaurasia v. M.R. Murli, (2004) 5 SCC 689

b State of Punjab o. Ram Singh, Ex-Constable, AIR 1970 SC 919


C. Hikmat Ali Khan v. Ishwar Prasad Arya, 1997 3 SCC 131

d. None of the above

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

State of Punjab v. Ramn Singh, Ex-Constable, AIR 1970 SC 919

b. L.Jaikwal v. State of Uttar Pradesh, (1984) 3 SCC 405


c Hikmat Ali Khan v. Ishwar Prasad Arya, 1997 3 SCC 137

d None of the above.

Ans: d

114. dement against an Advocate who represented the client before him.

Professional bthics and Contempt of Court Law

Wh What should an Advocate do to get the remarks removed from the

#he Presiding Officer of the court make certain remarks in the

judgment?
a Issue Notice to the Presiding Officer under section 80 of CPC

b. File a suit against the Presiding Officer for damages


C. In the appeal filed by the client, seek expunging of the remarks

None of the above

Ans: c

115. When an Advocate abuses another Advocate without any reason or justification
and uses vulgar words, what is the guilty of

a Lowering the dignity of the legal profession

b Committing Professional Misconduct

c Violating the duty towards Colleagues

d All of the above

Ans:

116. State Bar Counsel under the provisions of section 35 of the Advocate Act, 1961, has
the authority to

a. Reprimand the advocate


b. Suspend the advocate from practice for such period as it may deem fit
c Remove the name of the advocate from the state roll of advocates C.

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

b. State Bar Council can request for an extension

c Automatically stands transferred to the Bar Council of India

d. None of the above

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

for professional misconduct:

a Law firm

b. All the partners in a firm

c Partner who signed on the vakalatnama

d. None of the above

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

b The DC has no option but to exonerate the lawyer of the charge o.

professional misconduct

c The DC must continue with the disciplinary proceedings C.

d The DC must continue with the disciplinary only with the consent of the complainant

e None of the above.

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

c There is no more client-lawyer relationship existing between X and

Y in the above situation.

d Y is guilty of protessional misconduct in the above situation as he .

was earlier the counsel for X.

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

case documents upon demand by the client:

a. Did you amount to misconduct?

b Amounted to misconduct

c Did not amount to misconduct, if no loss is caused to complainant by such non-return


of documents

Did not amount to misconduct if there are no mala fides on the part d.

of advocate in not returning the documents ot complainant.


Ans b

123. an Advocate is convicted for contempt of court and thereafterinary proceedings


are also initiated against him for the said OTences, Whether Disciplinary Proceedings are
maintainable?

a No, because it would amount to Double Jeopardy

b yes, because both the proceedings are different irn nature


c yes, only if the contempt was of the trial court
d None of the above.

Ans: b

124. Y (Advocate) approaches X and guarantees him that he wol.

would getimmediate relief from the court as he is very friendly with the i

the judge.Choose the correct option:

a Y's promise amounts to professional misconduct

b Y's promise does not amount to any professional misconduct. b.

asaccording to Y, it happens normally

c Y's promise does not amount to any professional misconduct as i C

was, open to X to accept or reject Y's offer, and X chose to accen

eptthe offer

d Y acted in order to help his client, which was his paramount

d.professional duty, and hence he committed no wrong

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.

admission which includes continuance

Yes, because he has acted in a manner unbecoming of an Advocate

C.

d. None of the above.


Ans:a

126. Choose the incorrect statement:

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

a Office report is prepared and presented before State Bar Council.

b Resolution to refer the complaint to Disciplinary Committee by State


Bar Council is passed.

Disciplinary Committee of State Bar Council takes cognizance.

C.

Complainant makes first appearance.


Ans: b

128. Which rule of the Bar Council of India Rules on Standards of

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

the dignity of the profession?

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:

a.Has sufficient cause

b.Has given sufficient notice

c Has refunded sufficient part of the fees

d. All of the above.

Ans: d

130. The Disciplinary Committee of State Bar Council does not have power to pass
following orders:

the

a Suspend the Advocate from practice

b.Award compensation to the complainant

c Remove the name of advocate from State Roll

d Award cost.

Ans:b

131. The standard of proof required in a case of professional misconduct

a. Is beyond reasonable doubt

b.Is preponderance of probabilities

c Depends upon case to case

d Is based on suspicion.

Ans:a

132. Can an Advocate while practicing as an advocate, be a sleepingpartner in his family


business?

a No, because it will amount to professional misconduct

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

133. Whether an Advocate can accept a brief from a company of which he

is a Director?

a No, he cannot

b. Yes, he can

c , he can as long as he confines himselt to court appearances

d None of the above.

Ans: a

134. de Disciplinary Committee of the Bar Council:

a is hound by the procedure laid down by Code of Civil Procedure,

1908

b Te bound by the procedure laid down by Code of Criminal Procedure,

1973

c Is bound to follow Principles of Natural Justice C.

d Need not follow any of the above.

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?

a Supreme Court of India

b. State Bar Councils


c Bar Council of 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..

Committee of the State Bar Council?

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:

a reprimand the advocate

b.suspend the advocate from practice


c remove the name of the advocate from the state roll

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

Contempt of Court Lau

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

d. None of the above.

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

a. Complaint being withdrawn

b Compromise reached between complainant and advocate

c Complainant not wanting to proceed with the enquiry

d None of the above.

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

144. What is the test to be applied in cases where an advocate is alleged to


have committed an act which involves 'moral turpitude'?
a whether the Advocate concerned is unworthy to remain a member of this profession.

b Whether the Advocate is unfit to be entrusted with the respons. work of an Advocate.
nsible

c Neither (a) nor (b)

d Both (a) and (b)

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?

a Mr. R may prefer an appeal to the Bar Council of India


b Mr. R may seek review of the order by the Disciplinary Committee of the Bar Council
of Delhi

c Both (a) and (b)

d Neither (a) nor (b).

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:

a Date of actual receipt of the complaint by the State Bar Council

b Date of sending the complaint to the State Bar Council


c Date as explicitly mentioned on the complaint by the complainant
d Date on which the State Bar Council refers the case for disposal to its Disciplinary
Committee under section 35(1) of the AdvocatesAct, 1961.

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

section 36B(1) of the Advocates Act, 1961:

a.The case stands transferred to the Bar Council of India


b The evidence is closed, and the case is mandatorily put on the fast track by the
Disciplinary Committee of the state Bar Council, and then disposed of within a period of
three months
c The case stands transferred to the competent High Court
d the complaint is ordinarily dismissed after hearing the complainant,
otherwise it will lead to unjustifiable prejudice to the respondent
Ans: a

148. For. and nd thereafter professional misconduct proceedings are initiated

The as otherwise it wil Advocate. an act complained if an advocate has been convicted
under IPC under the Advocates Act, 1961 then:

a it amounts to double jeopardy

b there is no question of double jeopardy as the nature of the two

proceedings are different

C. could be convicted either under IPC or found guilty under Advocate Act, 1961

d. None of the above.

Ans: b

149. Chose the incorrect statement:

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

150. The nature of the proceedings of professional misconduct:

a Is civil in nature

b Is quasi-criminal in nature

c Is criminal in nature

d Neither civil nor criminal in nature

Ans: b

is The standard of proof in cases of professional misconduct :.


151. Choose the correct statement:

a. already Section 24A of the Advocates Act is not applicable to an alra


b.
c.

enrolled advocate

b.

preponderance of probabilities

c An advocate is not prohibited from aPpearing for his own relation

such as wife or children

An advocate receiving money from the client for exercisin8 personal d.

influence over the judge does not amount to protessional misconduct

Ans: c

152. Whether refusal to return documents by the advocate on account of non-payment


of fees amounts to professional misconduct?

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

c It will amount to professional misconduct only when the non-return of the


documents will result into any loss or damage
d.None of the above.

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:

a XYZ Law would be liable

b All the partners would be vicariously liable

c Only the partners in whose favourvakalatnama was executed would


be liable

d Liability will depend upon the evidence against all the partners of

the firm.

Ans: c
154. proceedings being quasi-criminal in nature, the

Ourn Law pisciplinary proceeding complainant has to prove mensea:

a Beyond reasonable doubt

b On preponderance of probabilities

Clear and convincing evidence pifferent standards of proot in difterent circumstances.

d.Under. an offence involving moral turpitude he is disqualified from

Ans: a

155. under section 24A of the Advocates Act, 1961, if a person is convicted

of hocoming an Advocate. But the disqualification for enrolment on orOunds of moral


turpitude shall cease to have effect:

a. After two and a halt years from his release or dismissal

b. After two years from his release or dismissal

CAfter one year from his release or dismissal

d. After three years from his release or dismissal.

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

b Reasonable and sufficient notice given to client

c Refund such part of the fee as has not been earned

d. All of the above.

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

in his favour Respondent advised the complainant that

be informed about the progress of the proceedings. But in


veral reminders respondent did not inform the complainant progress in the matter.
Record clearly showed that there was about the pre

heater no intentional lapse on the part of the respondent. Latoegard of the

a The act of the respondent was a willful and callous disre.

respondex

refunded the entire amount to the client.

a.

interest of the client

b The lapse of the respondent should be condoned b.

C. The punishment be reduced from suspension to reprimand

d. Respondent should be suspended from practice for a period at.

5 years.

Ans:c

158. Meaning of the phrase "Moral Turpitude":

a depends on facts and circumstances of each case a.

b may mean doing an act contrary to justice, honesty and modesty b.

and of wicked nature

mean doing an act contrary to his duty to society in general due to vileness and
depravity

test applicable is whether the Advocate concerned is unworthy to d.

remain a member of this profession.

Ans:b

159. Persons illegally practicing in courts and before other authorities is to be punished:

a with fine of Rs. 2,000

b with imprisonment for a term which may extend to six months

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.

return from abroad, X finds out that Y already settled the

Choose the correct option:


a the above situation, advocate can settle even without authorization

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

Tn the above situation, advocate cannot settle without authorization

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

Yes, because company has a right to hire any advocate

C.

Yes, because an Advocate cannot be stopped from representing her

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.

Choose the correct option:

a a can appear in the matter, since he does not haveapecuniary interest in X Private
Limited

b a cannot appear in the matter,. since he may be considered as

ployee of X Private Limited by virtue of being a Director. of Y 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

163. Burden of proof in a complaint of misconduct againsta lawyer lies on:


a. the lawyer

b.the complainant

c the Disciplinary Committee

d.none of the above.

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

b.Yes, because it is guaranteed under Article 19(1)(g)

c Yes, after providing notice to the client


d S/he cannot withdraw without sufficient cause and unless reasonable and sufficient
notice is given to the client.
Ans: d

165. Can an advocate be punished for the same act under the IPC and for professional
misconduct under Advocates Act?

a No, it wil amount to double jeopardy


b No, IPC will prevail over Advocates Act
c Yes. because the advocate is punished by criminal courts under the IPC, but at the
same time s/he is also guilty of professional misconduct under the Advocates Act

d.None of the above.


Ans: c

166. Which of the followlowing governs the conduct of advocates?

a The rules framed by the Bar Council of India

b Advocates Act, 1961 and the Code of Civil Procedure, 1908

c . rles framed by the various High Courts and the State Bar

C Councils

d. All of the above.

Ans: d

167. Whi doing' .. toh. among the following, an advocate is not prohibited from

a. Personally engaging m business

b. Being the Managing Director of a company

C. Running for political office

d. Being a full-time salaried employee of a company.

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

c Filing Forged Vakalatnama, Representing a Client without Authority

d Other Misconduct by Making Allegations Against Various Authorities.

Ans: a

169 'Right of advocates to practise' is dealt under:

a section 33 of Advocates Act, 1961

b section 29 of Advocates Act, 1961

c Section 34 of Advocates Act, 1961

d section 30 of Advocates Act, 1961.

Ans: a
an op An advocate imust never commuricate or negotiate with ar

170. Which of the following statements about the duties ( incorrect?

a An advocate must never communicate or negotiate with ano

b An advocate must only communicate or negotiate with an o party regarcing the


controversy, through the Counsel renng the opposing party

c unsel representing

party regarding the controversy

None of the above.

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

c petition is dismissed as withdrawn

d time is given to deposit deficit court fee.

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

173. The legal profession is


a. A noble profession,

b.A business,

C. Meant for serving the cause of people,

d. Both (a) and (c) are correct but (b) is not.

Ans: d
174. While punishin Supreme simultaneously?

Wh Court can also punish for professional misconduct

a Yes

b No
c May be

d. None of the above.

Ans: b

175. "Legal practitioner" means-

a An advocate, or vakil of any "High Court,

b A pleader,

C. Amukhtar or revenue agent,

d. Each one of above.

Ans: d

176. The Bar Council of India may-

a. Review any order passed byit,

Review any order passed by it either suomotu or otherwise,

b.

Review within sixty days of the date of that order,

C.

d. All above are correct.

Ans:d

177. While at home, the Advocate has a duty to-

a. Attend to his clients,

b. Listen them carefully about their grievance,

CBnsure that no injustice is done to his clients,

d. Each one of above.


ans – d
178. Every Bar Council is

a A body Corporate having perpetual succession anda common seal,

mpetent to contract and to acquire Bind hold movable and


mmovable property

c May sue and be sued,

d. All above are correct.

ans.. d

179. According to Section 16 (1), there are following claso.


a Three classes namely, senior advocates, junior advo

ocakes advocates and o

cates,
b. Two classes namely, senior advocates and other adv0ca.

advocats
c Two classes namely, Government advocates and private adiu

advocates,

d. Three classes namely, senior advocates,

e. government advocates and junior 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-

a The ex officio member of the State Bar Council to be tnChaimat

b.Two members to be nominated by the Bar Council oa amongst advocates on the


electoral roll of the State Da

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

183 section 24 prescribes following qualifications of persons who may be


admitted as advocates
a. he must be a citizen of India,
b. He has completed the age of twenty-one years,
c. He has obtained a degree in law,
d. . All above.

Ans:d

184, The term of office of members of State Bar Council is

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,

c Both (a) & (b) are correct,

d.Both (a) & (b) are incorrect.


Ans: a

186. when the Bar Council of one State refuses an application for enrolment

the Bar Council of another State may entertai it

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

a Imprisonment which may extend to six monthsS,

b.Imprisonment which may extend to three months,

c Imprisonment which may extend to one month,

d.Fine which may extend to five thousand rupees.

Ans: a

188. The Bar Council of India consists of the following members, namely-

a The Attorney-General of India, ex officio,

b.The Solicitor-General of India, ex officio,

c One member elected by each State Bar Council from among its
membersS,

d.Each one of above.

Ans: d

189. The following persons shall not be admitted as an advocate on a State

roll-

a A person convicted of an offence involving moral turpitude,

b A person convicted of an offence under the provisions; Untouchability (Offences) Act,


1955,
c person who is dismissed or removed from enmployment on anv charge involving
moral turpitude
d None of above persons is entitled to be enrolled.

Ans: d

190 The ciplinary Committee-


a Is constituted by every Bar Council

b Consists of 3 persOns, two to be elected and the other to be co-opted, b.

c Both (a) and (b),

d. Neither (a) nor (b).


Ans: c

191. An advo n advocate may be designated as senior advocate if


a He gives consent,
b The Supreme Court or a High Court is of opinion that he is deserves b.

Such distinction by virtue of his ability, standing at the Bar

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,

b His name is removed from the roll of advocates, b.

c He is otherwise disqualified under any rule made by the Bar Council C.

of India,

d. Each of above is a disqualification.

Ans: d

193. The legal profession-

a. Has a very high morality

b.Is a service of public,

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.

b.May appear in any matter in which he has a pecuniary interest

May appear in any matter in which he has a pecuniary interest. witl the previous
sanction of the Court,

thThere is no such restriction. d

Ans:a

195. Every Bar Council shall constitute legal aid committee consisting of

a Atleast 5 members but maximum 9 members,

b. At least 3 members but maximum 9 members,

c At least 5 members but maximum 7 members,

d. At least 3 members but maximum 7 members.

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

197. The seniority of an advocate is determined on the basis of-

a. His date of enrollment,

b His age C. His clientele,

c Number of his appearances before High Court.

Ans: a

198. Only advocates are entitled to practice law

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,

C Both (a) and (b) are correct,


d. Both (a) and (5) are wrong.

Ans: C

200, In public place other than Court, an advocate-

a Should not wear band or gown,

b. May wear the gown but not the band,

c May wear the band but not the gown,

d There is no such restriction.

Ans: a

201. For transfer of his name from one State roll to another, an advocate-

a Shall have to apply to Bar Council of India,

b The Bar Council of India shall direct that name of applicant be b.

removed from the roll of transferor Bar Council and to be entered

in the roll of transferee Bar Council,

c The applicant shall have to pay the prescribed fee,

d Only (a) and (b) are correct, (c) is wrong since there is no fee payable for such
transfer.

Ans: d

202. It is the duty of the advocate to-

a Fearlessly protect the interest of his client with all fair and honourable

b Defend a person accused of a crime regardless of his personal opinion b.

means,

c as to the guilt of the accused,

Avoid conviction of the innocent,


d.All above.

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,

c Within ninety days from the date order to him,

of the communication of the

d.No appeal lies against such order.

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

205. In the following circumstances, an advocate shall refuse to accept a

brief

a If the advocate is physically disabled and therefore unable to appear for the client,

b If he is not available to present the case in the Court,

c If he is trained in a special branch and is unable to practice in other branch,


d. All above.

Ans: d

206. The State Bar Council shall perform following functions


a. To promote the growth of BarAssociations and to support law reform;

b To organize legal aid to the poor,

C. To inspect Universities,

d All above.
Ans: d

207. An advocate may-

a Become Director or Chairman of the Board of Directors of a Company provided that


his duties are not of executive character,

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,.

c Both (a) and (b) are correct,

d None of above.

Ans:c

208. The disciplinary committee of a Bar Council has power to-

a Requisition any public record or copies thereof from any Court or office,

b Issue commissions for the examination of witness or documents,

c Both (a) and (b),

d Neither (a) nor (b).

Ans: C

209. The following punishments may be inflicted on an advocate for the misconduct
committed by him-

a Reprimand of the advocate,

b Suspension of the advocate from practice for a specified period, b.

c Removalof the name of the advocate from the State roll of advocates,

d Any one of above.

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,

b Disciplinary committee of that Bar,

c Enrollment Committee of that Bar,


d Bar Council of India.
Ans:c

212. An advocate must be

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

a By misrepresentation as to an essential fact,

b By fraud,

c By undue influence,

d Any one of above.

Ans:d

214. The functions of the Bar Council of India includc

a To lay down standards of professional conduct and etiquette for

advocates,

b To lay down the procedure to be followed by its disciplinary b.

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

215. Every advocate whose practice

name is entered in the State roll has a right to

a In all Courts including the Supreme Court,


b Before any tribunal or authority or person legally authorized to take b.

evidence,

c Both (a) and (6) are correct, C.

d No right vested in an advocate to practice law.


Ans: c

216. An advocate is permitted to--

a Review parliamentary bills for remuneration,

b Edit legal text books at a sala

c Teach the students and set and examine question papers,

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,

b He has made a request in that behalf,

c Either (a) or (b), C.

State Bar Council has no power to remove the name as this power d.

is vested in BELT Council of India.

Ans: c

218. the tollowing are some of the functions of the Bar Council of India-

a lo promote legal education and support law reforms,

b lo recognize Universities whose degree in law shall be a qualification b. or enrollments


as an advocate,

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,

d. All above are correct.

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

221. An advocate should not

a Act in a professional capacity as well as in the capacity ofa constituted power of


attorney in the same matter,

b Act on the instructions of the person other than his client,

c Buy or demand or agree to receive a share or interest in arny actionable claim,

d All above are correct.

Ans: d

222. Any person aggrieved by an order made by disciplinary committee of Bar Council of
India may prefer an aPpeal before

a Any High Court,


b Appellate committee of Bar Council of India, b.

c Supreme Court of India,

d. No appeal lies.

Ans: c

223. Secti 44 confe the power of on the disciplinary committee

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

225. What an advocate should not do is

a To promote the administration of justice,

b To observe the norms to win the confidence of the community as a b.


vehicle of social justice,
c To behave in a doubtful manner,
d. To maintain high moral values.
Ans: C

226. An application for transfer of name from one State roll to another shall be rejected-

a if any disciplinary proceeding is pending against the applicant,


b it appears to the Bar Council of India that the application for ranster has not been
made bona fide, and that the transfer should not be made,
c the application cannot be rejected,
d On the ground of both (a) and (b) above.

Ans: d

227. An advocate is an officer of the Court

a True,

b False.

Ans: a

228.The functions of a State Bar Council are


a To prepare and maintain the roll of advocates and to admit persons
as advocates on such roll,

b. To entertain and determine cases of misconduct against advocate on its rol1,

c To safeguard the rights, privileges and interests of advocates on its roll,

d.All above.

Ans: d
229. If a State Bar Council fails to conduct election before the expiry of its

term of five years, the Bar Council of India may-

a Extend the said term for a period not exceeding three months,

b. Extend the said term for a period not exceeding" six months,

c Dissolve the State Bar Council

d Constitute special committee.

Ans: b

230. The disciplinary committee of a Bar Council may exercise its power to

review

a On its own motion or otherwise,

b Within sixty days of the date of the order,

c Both (a) or (b) above,

d. Neither (a) nor (b) above.

Ans: C

231. An Advocate shall not accept-

a Any engagement in any business, except being sleeping partner in


a firm,

b Any full ime salaried employment of any person, firm, Corporation

c Both (a) and (b) are the restrictions imposed on an advocate,

d There is no such restriction.

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,

c Neither by resorting to (a) not to (b) above,

d There is no such restriction on the advocate.


Ans: c

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

235. It is the duty of an Advocate to-

a Restrain his client from resorting to unfair practice or reaction


b. Restrain his client from doing anything to the Court, opposite couneal

ctics, Refuse to take the case of such client who believes in improper tacis

or opposite parties.

d Avoid any of the above stated things.

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,

b.The one senior in age shall be reckoned as 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,

No criteria is prescribed by law to resolve the issue.

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,

b.Requiring discovery and production of any documents,

c Receiving evidence on affidavits,

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

241. An Advocate should not-


a. Permit his name or his protessional services to be used for the unauthorized practice
of law by any agency

b. Appear in a case in which there is already an AdvOcate on record except with his
consent,

C. Deny the request to suit

without affecting the interest

d. the convenience of his colleagues of his client,

e Do anything mentioned above in (a), (b) or (c).

Ans: d

242 A lawyer must, as a rule, take up a case for any member of public if

a A fair and proper fee is tendered to him,


b, Adequate instructions are given,

Lase is of a class which the lawyer is accustomed to do, d.

d All above are correct.

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,

b he Practices only in some Courts and at some places only,

c the opposite party has already consulted him,

d.Each of above mentioned ground.

Ans: d

244. An advocate should not practice before a Judge wh0 is related to him.

a It is not necessary to follow,

b.It should be necessarily followed,

c It is sometimes necessary to follow,

d.It is never necessary to follow.

Ans: b

245. An Advocate should not accept a brief or appear in a case in which-


a. He is likely to be called as witness,

b He is likely to stand surety for his client,


c He has already advised the adversary,
d.In each of above cases.

Ans: d

246. An Advocate has following duties towards opponent

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,

c Not to use unfair and malicious tactics, practice, methods or device\


d Each one of above is forbidden.

Ans: d

247. An Advocate should behave with his colleagues with Courtesy, respect

and honour

a True,
b False.
Ans: a

248, Ethically,. an Advocate should refrain from doing following things

ically, an Adv Stipulating the fees depending on the result of the litigation or charging
any percentage to share the proceeds of the result,

Accepting the brief of the adversary party, b.

Lending money to his client for litigation, C.

d. All above are correct.

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

Court anounting to misconduct.

a. N.G. Dastane v. Shrikant S. Shinde

b Sambhu Ram Yadav v. Hanuman Das Khatry b.


C. NoratanmanCourasia v. M.R. Murali C.

d. None of the above

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:

a Vinay Chandra Mishra, In re

.Ex. Capt. Harish Uppal v. Union of India

b.

Hikmat Ali Khan v. Ishwar Prasad Arya and ors.

C.

d.None of the above

Ans: a

251. Retention of money deposited with advocate for the decree holda

after execution proceedings was held as an instance of miscond... in

which case:

a. ln Re, D.C. Saxena

b. M. Veerendra Rao v. Tek Chand

c Shambhu Ram Yadav v. Hanuman Das Khatiy

d.Prahlad Saran Gupta v. Bar Council of India

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:

a NoratanmanCourasia v. M.R. Murali

b. Bar Council of Maharashtra v. M.V. Dahbolkar

C. N.G. Dastane v. Shrikant S. Shinde

d. B.M. Verma v. Uttrakhand Regulatory Commission


Ans: c

253. The maximum limit of the members of the State Bar Council:

a 15

b.20

c 25
d None.
Ans: c

254. Section 6 of the Advocate's Act says regarding

a Bar Council to be body corporate

b.Functions of State Bar Councils

c Functions of Bar Council of India

d. Bar Council of India

Ans: b

255 state Bar Council has been mentioned under section

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

prove after expiration of a reasonable length of time that:

a. He appreciates the insignificance of his dereliction


b. He has lived a consistent- life of poverty and integrity
c. He possesses the good character necessary to guarantee uprightness C.and
honour in his professional dealings
d. The burden is on the applicant to establish that he entitled to resume the
privilege of practicing law without restrictions
Ans: c

257. Pick out the case that is popularly called as the Solicitor's Case.

a Ahmedabad Textile Industry'sResearch Association v. State of Bombay

b National Union of Commercial Employees v. Industrial Tribunal b.


Bombay

c Salem Advocates Bar Association v. Union of India

d Central Machine Tools Institute v. Dy. Registrar of Trade Unions


Ans: C

258. State Bar Council under the provisions of Section 35 of the Advocates Act, 1961 has
the authority to

a Reprimand the advocate

b Suspend the advocate from practice for such period of time as it b.


may deem fit
c Remove the name of the advocate from the state roll of advocatee

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:

a. E.S. Reddi v. Bar Council of India

b.Indian Council of Legal Aid and Advise v. Bar Council of India

P. Shanmugam v. Bar Council of Indias

d.Legal Committee v. Bar Council of India

Ans: b

260. In which Section of the Advocates Act, 1961 'Advocate' is defined?

a Section 2(b)

b.Section 2(a)

Section 2(c)
d. Section 2(d)

Ans: b

261. 'State Roll' is prepared and maintain by-

a State Bar Council

b. Bar Council of India

C. District Bar Associations

d.Supreme Court of India


Ans: a

262. Right of Advocates to practice is given in

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

265. Advocate's Act 1961 is the:

a 25th Act of 1961

b 20th Act of 1961


c
18th Act of 1961
C.

15th Act of 1961.

Ans: a

266. Legal Practitioner has been defined under section:

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

268. Advocate has been defined under section:

a 2(1)b)

b.2(1(a)

2(1%c)

C.

d2(1%d).

Ans:b

269. Term of office of the members of State Bar Council is

a 3 years

b. 4 years

c 5 years
d.None.

Ans: c

270. Advocate's Act, 1961 came into force on:


a 19th May, 1961

b. 19th April, 1961

1st May, 1962

19th January, 1961.

d.

Aus: a

271. Advocate's Act contains only:

50 sections

b 55 sections

c 60 sections

d. 62 sections.

Ans: c

277 Section 9 otlheAdvocale'sAclnayu regarding:

a. Execulive commillee

b EnromentCommiltee
c DisciplinryCommitlee
dNonc.
Ans: c

273. Section 16 of the Advocate Act says regarding:

a one class of Advocates

b two class of Advocates

c three class of Advocates


d None.

d.

Ans: b

274. Punishmentof Advocates for misconduct has been given under section

a 30

b 32

c 35
d None.

Ans: C

275. The Contempt of Court Act, 1971 came into force

a 24th Dec., 1971

b 25h Dec., 1971

1st Dec., 1971

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

a NoratanmalChourarta v. M.R. Murli, (2004) 5 SCC 689

b.State of Punjab v. Ram Singh, Ex-Constable, AIR 1970 SC 919

c Hikmat AIE Khan v. Ishwar Prasad Arya, 1997 3 SCC 131.

d.None of the above.

Ans: a

277. Revisional power of Bar Council of India is exercised under section

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

Both are correct


None.
Ans: a

279. Contempt of Court has been defined under section

a 2(a)

b 2(b)

c 2(c)

d.None.

Ans: a

280. When was the Advocates Act introduced?

a 1962

b 1959

c 1961

d 1966
Ans: c

281. The Bar Council of India consist of the following as ex-officio member:

a Attorney General for India

b Solicitor General of India

c Both (a) and (b)

None of the above


Ans: C

282. Indian Bar Committee was constituted for the first time under the

chairmanship of Sir Edward Chamier in the year

a 1927

b 1961

c 1949

d 1923
Ans: d

283. Power of Disciplinary Committee under the Advocates Act is provided


under

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-

a State of Punjab v. Ran Singh, Ex-Constable, AIR 1970 SC 919

bL.D. Jaikwval v. State of Uttar Pradesh, (1984) 3 SCC 405

c Hikmat Ali Khan v. Ishwar Prasad Arya, 1997 3 SCC 131

d.None of the above.

Ans: d

286. An advocate's duty is as important as that of a Judge. Advocates have a large


responsibility towards the society. A client's relationship with his/her advocate is
underlined by utmost trust. It was said in-

a State of Punjab v. Ram Singh, Ex-Constable, AIR 1970 sC 919


b.L.D. Jaikwal v. State of Uttar Pradesh, (1984) 3 SCC 405

c O.P. Sharma v. High Court of Punjab & Haryana, (2011) 6 SCC 86

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

Council of India reported in (1995) 1 SCC 732, observed that:


a It is generally believed that members of the legal profession have certain social
obligations, e.g, to render pro bono publico" service to the poor and the
underprivileged.
T at ottwatlvonte Wan nleonuluet of thsluyluntdeyunh

t lyulitntod le adnlulstvation of junlice, bat erodoedihe

he proloiilon ln the opinlon of the public

AliraulutolulVMalennlOuldhun b undernloont in a conlextoitic, dynanmienene,


ivliielicapluren the role of teadvocnle in t uutoly at larpe,

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

a State of Punjath v. Ram Singlh, 1Exr-Comstable, AIR 1970 SC 919

b h. D. aikwal n. Sute of UllarPrulesh, (1984) 3 SCC405 c.


c 0. Sharma v. High Courl of PunjabhHluryana, (2011) 6 SCC 86
d Shasher Singh Bedi v. d High Court of PunjalEGHaryana, (1996) 7 SCC 99.
Ans: C

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

a Reprimand the advocale

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?

a Chief Justice Marshall

b Chief Justice Coke

c Chief Justice Halsbury

d Chief Justice Bacon

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

to the specific case:

a R.D. Saxcna v. Balram Prasad Sharma, (2000)7 SCC 264

b V.C. Rangadurai u. D. Gopalan, (1979) 1 SCC 308

c Emperor v. DaduRannaSurde, 1938 SCC Online Boru 98

d. G. NarayanaswaniNaidnGaru v. CheilapalliHanumanoh, ILR 33 Mad

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

b o.P Sharma High Court of Punjab &Haryma, (2011) 6 SCC 86


L.D. Jaikwal u State of LItar Pradesh, (1984) 3 SCC 405
Shamsher Singh Bedi v. High Court of Punjab & Haryana, (1996) 7 SCC 99.
Ans: b

294. Indian Council of Legal Aid & Advice v. BO; (1995) 1 SCC 732 deals

with the issue of

a. prescribing pre-enrolment training for advocates

b. prescribing minimum qualification for an advocate


C. prescribing uniform attire for the advocates appearing in the court of law

d. prescribing age bar on enrollment of advocates

Ans: a

295. For transfer of roll from one State to another, an application is made

to

a. Bar Council of India

b. State Bar Council where one is enrolled

C State Bar Council where one seeks transfer

d, High Court of the State where one is enrolled

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

a he appreciates the insignificance of his dereliction


b he has lved a consistent life of poverty and integrity

c he possesses the good character necessary to guarantuprightn

and honour in his professional dealings


d the burden is on the applicant to establish that he entitled to ree the privilege of
practising law without restrictions

Ans: c

297. Which of the following committees cannot be constituted by the State

Bar Council?

a Special Committee

b.Disciplinary Committee

c Legal Aid Committee

d. Legal Education 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

of Legal Aid Committees.

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?

a D.C. Saxema, re, (1996) 5 SCC 216

b M. Veerabhadra Rao v. Tek Chand, 1984 Supp SCC 571

c Shambhu Ram Yadav v. Hanuman Das Khatry, (2001) 6 SCC1

d Prahlad Saran Gupta v. Bar Council of India, (1997) 3 SCC 585

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?

a. The minimum age requirement is 21 years.


b He must be an Indian citizen.

c. He must not have been convicted of an offence involving moral

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

by the Supreme Court in

a .E.S. Reddi v. Bar Council of India

b indian Council of Legal Aid and Advise u. Bar Council of India, (1995) 1 SCC 732

c Shanmugam v. Bar Council of India

d. Legal Committee v. Bar Council of Inau

Ans: b

304. Vikramaditya v. familaKhatoon, DC Appeal No. 21/1996, is

anfactor?

a Advocate attending the court with fire-arms

b. Not appearing before the court deliberately and intentionally b.

c Suppression of material facts with the intention to harass poor

persons

d. Defrauding the client by exploiting the client's illiteracy

Ans: d

305. State Bar Council under the provisions of Section 35, Advocates Act, 1961 has the
authority to

a reprimand the advocate

b suspend the advocate from practice for such period of time as it b.

may deem fit


c remove the name of the advocate from the State roll of advocates

d all of these

Ans: d

306. Duty of an advocate towards his client is detailed out in which rules of

the Bar Council of India?

a Rules 33 to 38

b Rules 11 to 33

Rules 23 to 27

C.Rules 33 to 36

d.

Ans: b

307. Which sectionunderthe Advocates Act, 1961 deals with disqualification

as to enrolmenť?

a Section 25-A

b.Section 26-A

c Section 27-A

d.Section 24-A

Ans: d

308 who had tleauthorily lo preneribequalifleationn and diseualifications for


memloruhip of a Bar Counell?

a State arCouncila

b Bar Counell of ndi

c Supreme Court of ndin

d iupree Court Bar Amociatio

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?

a Bar Council of Indin Act,


b Advocales Act, 1961

c Contempt of Courts Act, 1971

d None of the above


Ans: b

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-

a M.B. &Sanghi, Advocate v Higlh Court of Punjab & Haryana, (1991) 3

SCC 600

b State of Punjab v. Ram Singl, Ex-Coustable, AIR 1970 SC 919

c Supreme Court Bar Association v. Union of India, (1998) 4 SCC 409

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?

a Lawyers have no right to go on strike or give a call for boycott.

b An advocate shall not influence the decision of a court by any illegal b.

improper means. F
onduct, An advocate abuning, the proceiOl the: court is guilty of misu.

d All of the above.


Ans: d

312. Which of the following can be done by a Senior Advocate in acordane with the
Rules of Bar Council of India?

a Make concessions on behalf of client on instructions from junior

advocale.

b.Accept instructions to draft a pleading.

c Accept brief directly from a client.


d.None of the above.

Ans: a

313. Which of the following is not a duty of an Advocate to Court?

a To not commit breach of Section 126 of Evidence Act.


b.To not to appear on behalf of any organisation of whose Executive Committee, he is a
member.

To not appear before a Court Tribunal or Authority in which his

C.near relation is a member.

To conduct himself with dignity and self-respect during presentation d

of a case before a court and otherwise acting before a court.

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 None of the above

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

c Babrlaliain u. Subhaslh Jain, BCI TR Case No. 115/1986

d.Joln D 'souza v. Edward Ant, (1994) 2 SCC 64

Ans: a

316, The Contempt ot Courts Act was passed in the year?

a 1971
b1961
c 1969
d 1975
Ans: a

317. The Contempt of Courts Act was passed on?

a 19th May, 1961


b 9th May, 1971

c 24th December 1971


d 20th March 1975
Ans: c

318. The Contempt of Courts Act extends to

a the whole of India except J&K

b.the whole of India

c certain specified parts of India

d. None of the above

Ans: b

319. The term Contempt of Court defined in the Contempt of Courts Act

means_

a. civil contempt or criminal contempt

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

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