GU VIVA QUESTIONS 2022-2023

Question & Answers

1. State Bar Council & Bar Council of India’s role and composition of member

Bar Council of India The Bar Council of India is a statutory body created by Parliament to
regulate and represent the Indian bar. We perform the regulatory function by prescribing
standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over
the bar.

The Attorney General of India and the Solicitor General of India are Ex-officio members of the
council and the other members represent the State Bar Councils in the country.

The members are elected for five years and the chairman and vice-chairman are elected for two
years from among the members of the Bar Council of India.

State Bar Council The State Bar Councils are statutory bodies established under Section 3 of
the Advocates Act, 1961. They act as regulatory bodies, making rules for the legal profession
and education in their respective states and also act as the representatives of the advocates of that
state, thereby acting in their interests. They work in coordination with and under the supervision
of the Bar Council of India, which is a national body established under Section 4 of the
Advocates Act, 1961

There shall be a Chairman and Vice Chairman of each Bar Council elected by the Council. The
Advocate – General of a state shall be ex-officio member of that State Bar Council.

There shall be 15 members in a State Bar council if the electorate doesn’t exceed 5,000. And it
becomes 20 if the electorate ranges between 5,000 – 10,000.

There shall be 25 members in the Council if the number exceeds 10,000. The members of the
Council are elected through a system of proportional representation by means of the single
transferable vote from amongst Advocates on the electoral roll of the State Bar Council.

2. Principles of Natural Justice

(i) Nemo debet essc judex in propria causa. - Nobody shall be a judge in his own cause or in a
cause in which he is interested.

(ii) Audi alterem partem - ―to hear the other sideǁ.

(iii) Speaking orders or reasoned decisions. -

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 (iv) Res-judicata - No one shall be punished twice for the offense that already has been tried
before the court of law

(v) ex-post facto laws- implementation of Retrospective laws without any negative impact

3. Rights & Privileges of Advocates

● Right To Freedom Of Speech And Expression- Art. 19(1)(a) of Indian Constitution, 1949
● Right to Practice- Section 30 of Advocates act
● Right for Welfare Fund- Section 18 GUJARAT ADVOCATES WELFARE FUND
ACT,1991
● Right of Fee- Rule 11 of chapter II of Part VI of the Bar Council of India Rules,
● Right to enter the Court
● privilege of exemption from arrest
● Vakalatnama in favor of Advocate
● An Advocate has a liability of Negligence
● An advocate can review Parliamentary Bills for remuneration:
4. Duties of Advocates towards Court, Client, Opponent and Society

Court-

● Act in a dignified manner.

● Respect the court.
● Not communicate in private
● Refuse to act in an illegal manner towards the opposition
● Refuse to represent clients who insist on unfair means
● Appear in proper dress code.
● Refuse to appear in front of relation
● Not to wear bands or gowns in public places
● Not represent establishments of which he is a member
● Not appear in matters of pecuniary interest
● Not stand as surety for the client

Client-

● Bound to accept briefs

● Not withdraw from service
● Not appear in matters where he himself is a witness
● Full and frank disclosure to the client
● Uphold the interest of the client.
● Not suppress material or evidence
● Not disclose the communications between the client and himself
● An advocate should not be a party to stir up or instigate litigation.

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 ● An advocate should not act on the instructions of any person other than his client or the
client’s authorised agent.
● Not charge depending on the success of matters
● Not receive interest in actionable claim
● Not bid or purchase property arising from a legal proceeding.
● Not bid or transfer property arising from legal proceeding.
● Not adjust fees against personal liability.
● An advocate should not misuse or take advantage of the confidence reposed in him by his
client.
● Keep proper accounts.
● Divert money from accounts
● Intimate the client on amounts
● Adjust fees after the termination of proceedings
● Provide a copy of accounts.
● An advocate shall not enter into arrangements whereby funds in his hands are converted
into loans
● Not lend money to his client.
● Not appear for opposite parties

Opponent-

● Not to negotiate directly with the opposing party

● Carry out legitimate promises made
5. Seven Lamps of Advocacy (IMP)

(i) Honesty (ii) Courage (iii) Industry (iv) Wit (v)Eloquence, (vi) Judgment and (vii)Fellowship

6. Hoffman’s 50 resolutions for Advocates (IMP)

1. I will never permit professional zeal to carry me beyond the limits of sobriety and decorum,
but bear in mind, with Sir Edward Coke, that “if a river swells beyond its banks, it loseth its own
channel.”

2. I will espouse no man’s cause out of envy, hatred, or malice toward his antagonist.

3. To all judges, when in court, I will always be respectful. They are the law’s vicegerents; and
whatever may be their character and deportment the individual should be lost in the majesty of
the office.

4. Should judges, while on the bench, forget that, as an officer of their court, I have rights, and
treat me even with disrespect, I shall value myself too highly to deal with them in a like manner.
A firm and temperate remonstrance is all that I will ever allow myself.

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5. In all intercourse with my professional brethren, I will always be courteous. No man’s
passion shall intimidate me from asserting fully my own or my client’s rights, and no man’s
ignorance or folly shall induce me to take any advantage of him. I shall deal with them all as
honorable men, ministering at our common altar. But an act of unequivocal meanness or
dishonesty, though it shall wholly sever any personal relation that may subsist between us, shall
produce no change in my deportment when brought in professional connection with them. My
client's rights, and not my own feelings, are then alone to be consulted.

6. To the various officers of the court I will be studiously respectful, and specially regardful of
their rights and privileges.

7. As a general rule, I will not allow myself to be engaged in a cause to the exclusion of, or
even in participation with, the counsel previously engaged, unless at his own special instance, in
union with his client’s wishes; and it must, indeed, be a strong case of gross neglect or of fatal
inability in the counsel, that shall induce me to take the cause to myself.

8. If I have ever had any connection with a cause, I will never permit myself (when that
connection is for any reason severed) to be engaged on the side of my former antagonist. Nor
shall any change in the formal aspect of the cause induce me to regard it as a ground of
exception. It is a poor apology for being found on the opposite side, that the present is but the
ghost of the former cause.

9. Any promise or pledge made by me to the adverse counsel shall be strictly adhered to by me;
nor shall the subsequent instructions of my client induce me to depart from it, unless I am well
satisfied it was made in error, or that the rights of my client would be materially impaired by its
performance.

10. Should my client be disposed to insist on captious requisitions, or frivolous and vexatious
defenses, they shall be neither enforced nor countenanced by me. And if still adhered to by him
from a hope of pressing the other party into an unjust compromise, or with any other motive, he
shall have the option to select other counsel.

11. If, after duly examining a case, I am persuaded that my client’s claim or defense (as the
case may be), cannot, or rather ought not to, be sustained, I will promptly advise him to abandon
it. To press it further in such a case, with the hope of gleaning some advantage by an extorted
compromise would be lending myself to a dishonorable use of legal means in order to gain a
portion of that, the whole of which I have reason to believe would be denied to him both by law
and justice.

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12. I will never plead the statute of limitations when based on the mere efflux of time; for if my
client is conscious he owes the debt, and has no other defense than the legal bar, he shall never
make me a partner in his knavery.

13. I will never plead or otherwise avail myself of the bar of infancy against an honest demand.
If my client possesses the ability to pay, and has no other legal or moral defense than that it was
contracted by him when under the age of twenty-one years, he must seek for other counsel to
sustain him in such a defense. And although in this, as well as in that of limitation, the law has
given the defense, and contemplates, in the one case, to induce claimants to a timely prosecution
of their rights, and in the other designs to protect a class of persons, who by reason of tender age
are peculiarly liable to be imposed on, yet, in both cases, I shall claim to be the sole judge (the
pleas not being compulsory) of the occasions proper for their use.

14. My client’s conscience and my own are distinct entities; and though my vocation may
sometimes justify my maintenance as facts or principles, in doubtful cases, what may be neither
one nor the other, I shall ever claim the privilege of solely judging to what extent to go. In civil
cases, if I am satisfied from the evidence that the fact is against my client, he must excuse me if I
do not see as he does, and do not press it; and should the principle also be wholly at variance
with sound law, it would be dishonorable folly in me to endeavor to incorporate it into the
jurisprudence of the country, when, if successful, it would be a gangrene that might bring death
to my cause of the succeeding day.

15. When employed to defend those charged with crimes of the deepest dye, and the evidence
against them, whether legal or moral, be such as to leave no just doubt of their guilt, I shall not
hold myself privileged, much less obliged, to use my endeavors to arrest or to impede the course
of justice, by special resorts to ingenuity, to the artifices of eloquence, to appeals to the morbid
and fleeting sympathies of weak juries, or of temporizing courts, to my own personal weight of
character–nor finally, to any of the overweening influences I may possess from popular manners,
eminent talents, exalted learning, etc. Persons of atrocious character, who have violated the laws
of God and man, are entitled to no such special exertions from any member of our pure and
honorable profession; and, indeed, to no intervention beyond securing to them a fair and
dispassionate investigation of the facts of their cause, and the due application of the law. All that
goes beyond this, either in manner or substance, is unprofessional, and proceeds, either from a
mistaken view of the relation of client and counsel, or from some unworthy and selfish motive
which sets a higher value on professional display and success than on truth and justice, and the
substantial interests of the community. Such an inordinate ambition I shall ever regard as a most
dangerous perversion of talents, and a shameful abuse of an exalted station. The parricide, the
gratuitous murderer, or their perpetrator of revolting crimes, has surely no such claim on the
commanding talents of a profession whose object and pride should be the suppression of all vice
by the vindication and enforcement of the laws. Those, therefore, who wrest their proud
knowledge from its legitimate purposes to pollute the streams of justice and to screen such foul

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offenders from merited penalties, should be regarded by all (and certainly shall by me) as
ministers at a holy altar full of high pretension and apparent sanctity, but inwardly base,
unworthy, and hypocritical–dangerous in the precise ratio of their commanding talents and
exalted learning.

16. Whatever personal influence I may be so fortunate as to possess shall be used by me only
as the most valuable of my possessions, and not be cheapened or rendered questionable by a too
frequent appeal to its influence. There is nothing more fatal to weight of character than its
common use; and especially that unworthy one, often indulged in by eminent counsel, of solemn
assurances to eke out a sickly and doubtful cause. If the case is a good one, it needs no such
appliance; and if bad, the artifice ought to be too shallow to mislead any one. Whether one or the
other, such personal pledges should be very sparingly used and only on occasions which
obviously demand them; for if more liberally resorted to, they beget doubts where none may
have existed or strengthen those which before were only feebly felt.

17. Should I attain that eminent standing at the bar which gives authority to my opinions, I
shall endeavor, in my intercourse with my junior brethren, to avoid the least display of it to their
prejudice. I will strive never to forget the days of my youth, when I too was feeble in the law, and
without standing. I will remember my then ambitious aspirations (though timid and modest)
nearly blighted by the inconsiderate or rude and arrogant department of some of my seniors; and
I will further remember that the vital spark of my early ambition might have been wholly
extinguished, and my hopes forever ruined, had not my own resolutions, and a few generous acts
of some others of my seniors, raised me from my depression. To my juniors, therefore, I shall
ever be kind and encouraging; and never too proud to recognize distinctly that, on many
occasions, it is quite probable their knowledge may be more accurate than my own, and that they,
with their limited reading and experience, have seen the matter more soundly than I, with my
much reading and long experience.

18. To my clients I will be faithful; and in their cause zealous and industrious. Those who can
afford to compensate me, must do so; but I shall never close my ear or heart because my client’s
means are low. Those who have none, and who have just causes are, of all others, the best
entitled to sue, or be defended; and they shall receive a due portion of my services, cheerfully
given.

19. Should my client be disposed to compromise, or to settle his claim, or defense, and
especially if he be content with a verdict or judgment, that has been rendered, or, having no
opinion of his own, relies with confidence on mine, I will in all such cases greatly respect his
wishes and real interests. The further prosecution, therefore, of the claim or defense (as the case
may be), will be recommended by me only when, after mature deliberation, I am satisfied that
the chances are decidedly in his favor; and I will never forget that the pride of professional
opinion on my part, or the spirit of submission, or of controversy (as the case may be), on that of

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my client, may easily mislead the judgment of both, and cannot justify me in sanctioning, and
certainly not in recommending, the further prosecution of what ought to be regarded as a
hopeless cause. To keep up the ball (as the phrase goes) at my client’s expense, and to my own
profit, must be dishonorable; and however willing my client may be to pursue a phantom, and to
rely implicitly on my opinion, I will terminate the controversy as conscientiously for him as I
would were the cause my own.

20. Should I not understand my client’s cause, after due means to comprehend it, I will retain it
no longer, but honestly confess it, and advise him to consult others, whose knowledge of the
particular case may probably be better than my own.

21. The wealthy and the powerful shall have no privilege against my client that does not
equally appertain to others. None shall be so great as to rise, even for a moment, above the just
requisitions of the law.

22. When my client’s reputation is involved in the controversy, it shall be, if possible, judicially
passed on. Such cases do not admit of compromise; and no man’s elevated standing shall induce
me to consent to such a mode of settling the matter: the amend from the great and wealthy to the
ignoble and poor should be free, full and open.

23. In all small cases in which I may be engaged I will as conscientiously discharge my duty as
in those of magnitude; always recollecting that ‘small’ and ‘large’ are to clients relative terms,
the former being to a poor man what the latter is to a rich one; and, as a young practitioner, not
forgetting that large ones, which we have not, will never come, if the small ones, which we have,
are neglected.

24. I will never be tempted by any pecuniary advantage, however great, nor be persuaded by
any appeal to my feelings, however strong, to purchase, in whole or in part, my client’s cause.
Should his wants be pressing, it will be an act of humanity to relieve them myself, if I am able,
and if I am not then to induce others to do so. But in no case will I permit either my benevolence
or avarice, his wants or his ignorance, to seduce me into any participation of his pending claim or
defense. Cases may arise in which it would be mutually advantageous thus to bargain, but the
experiment is too dangerous, and my rule too sacred, to admit of any exception, persuaded as I
am that the relation of client and counsel, to be preserved in absolute purity, must admit of no
such privilege, however guarded it may be by circumstances; and should the special case alluded
to arise, better would it be that my client should suffer, and I lose a great and honest advantage,
than that any discretion should exist in a matter so extremely liable to abuse, and so dangerous in
precedent.

And though I have thus strongly worded my resolution, I do not thereby mean to repudiate, as
wholly inadmissible, the taking of contingent fees. On the contrary, they are sometimes perfectly
proper and are called for by public policy, no less than by humanity. The distinction is very clear.

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A claim or defense may be perfectly good in law, and in justice, and yet the expenses of litigation
would be much beyond the means of the claimant or defendant–and equally so to counsel, who,
if not thus contingently compensated in the ratio of the risk, might not be compensated at all. A
contingent fee looks to professional compensation only on the final result of the matter in favor
of the client. None other is offered or is attainable. The claim or defense can never be made
without such an arrangement. It is voluntarily tendered, and necessarily accepted or rejected,
before the institution of any proceedings.

It (i.e., a contingent fee arrangement) flows not from the influence of counsel over clients. Both
parties have the option to be off. No expenses have been incurred. No money has been paid by
the counsel to the client. The relation of borrower and lender, of vendor and vendee, does not
subsist between them; but it is an independent contract for the services of counsel to be rendered
for the contingent avails of the matter to be litigated. Were this denied to the poor man, he could
neither prosecute nor be defended. All of this differs essentially from the object of my resolution,
which is against purchasing, in whole or in part, my client’s rights, after the relation of client and
counsel, in respect to it, has been fully established, after the strength of his case has become
known to me, after his total pecuniary inability is equally known, after expenses have been
incurred which he is unable to meet, after he stands to me in the relation of a debtor, and after he
desires money from me in exchange for his pending rights. With this explanation I renew my
resolution never so to purchase my client’s cause, in whole or in part, but still reserve to myself,
on proper occasions, and with proper guards, the professional privilege (denied by no law among
us) of agreeing to receive a contingent compensation freely offered for service wholly to be
rendered, and when it is the only means by which the matter can either be prosecuted or
defended. Under all other circumstances, I shall regard contingent fees as obnoxious to the
present resolution.

25. I will retain no client’s funds beyond the period in which I can, with safety and ease, put
him in possession of them.

26. I will on no occasion blend with my own client's money. If kept distinctly as his it will be
less liable to be considered as my own.

27. I will charge for my services. What my judgment and conscience inform me is my due, and
nothing more. If that be withheld it will be no fit matter for arbitration; for no one but myself can
adequately judge such services, and after they are successfully rendered, they are apt to be
ungratefully forgotten. I will then receive what the client offers, or the laws of the country may
award; but in either case he must never hope to be my client again.

28. As a general rule I will carefully avoid what is called the “taking of half fees.” And though
no one can be so competent as myself to judge what may be a just compensation for my services,
yet when the quiddam honorarium has been established by usage or law, I shall regard as
eminently dishonorable all underbidding of my professional brethren. On such a subject,

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however, no inflexible rule can be given to myself, except to be invariably guided by a lively
recollection that I belong to an honorable profession.

29. Having received a retainer for contemplated services, which circumstances have prevented
me from rendering, I shall hold myself bound to refund the same, as having paid to me on a
consideration which has failed, and, as such, subject to restitution on every principle of law, and
of good morals, and this shall be repaid not merely at the instance of my client, but ex mero
motu.

30. After a cause is finally disposed of, and all relation of client and counsel seems to be
forever closed, I will not forget that it once existed, and will not be inattentive to his just request
that all of his papers may be carefully arranged by me, and handed over to him. The execution of
such demands, though sometimes troublesome, and inopportunely or too urgently made, still
remains a part of my professional duty, for which I shall consider myself already compensated.

31. All opinions for clients, verbal or written, shall be my opinions, deliberately and sincerely
given, and never venal and flattering offerings to their wishes or their vanity. And though clients
sometimes have the folly to be better pleased with having their views confirmed by an erroneous
opinion than their wishes or hopes thwarted by a sound one, yet such assignment is dishonest and
unprofessional. Counsel, in giving opinions, whether they perceive this weakness in their clients
or not, should act as judges, responsible to God and man, as also especially to their employers, to
advise them soberly, discreetly, and honestly, to the best of their ability, though the certain
consequence be the loss of large prospective gains.

32. If my client consents to endeavors for a compromise of his claim or defense, and for that
purpose I am to commune with the opposing counsel or others, I will never permit myself to
enter upon a system of tactics, to ascertain who shall overreach the other by the most nicely
balanced artifices of disingenuousness, by mystery, silence, obscurity, suspicion, vigilance to the
letter, and all of the other machinery used by this class of tacticians to the vulgar surprise of
clients, and the admiration of a few ill-judging lawyers. On the contrary, my resolution in such a
case is to examine with great care, previously to the interview, the matter of compromise; to form
a judgment as to what I will offer or accept; and promptly, frankly, and firmly to communicate
my views to the adverse counsel. In so doing no lights shall be withheld that may terminate the
matter as speedily and as nearly in accordance with the rights of my client as possible; although a
more dilatory, exacting and wary policy might finally extract something more than my own or
even my client’s hopes. Reputation gained for this species of skill is sure to be followed by more
than an equivalent loss of character; shrewdness is too often allied to unfairness, caution to
severity, silence to disingenuousness, wariness to exaction to make me covet a reputation based
on such qualities.

33. What is wrong is not the less so from being common. And though few dare to be singular,
even in a right cause, I am resolved to make my own, and not the conscience of others, my sole

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guide. What is morally wrong cannot be professionally right, however it may be sanctioned by
time or custom. It is better to be right with a few, or even none, than wrong, though with a
multitude. If, therefore, there be among my brethren any traditional moral errors of practice, they
shall be studiously avoided by me, though in so doing I unhappily come in collision with what is
(erroneously, I think) too often denominated the policy of the profession. Such cases, fortunately,
occur but seldom; but, when they do, I shall trust to that moral firmness of purpose which shrinks
from no consequences, and which can be intimidated by no authority, however ancient or
respectable.

34. Law is a deep science. Its boundaries, like space, seem to recede as we advance; and
though there be as much certainty in it as in any other science, it is fit we should be modest in
our opinions, and ever willing to be further instructed. Its acquisition is more than the labor of a
life, and after all can be with none the subject of an unshaken confidence. In the language, then
of a late beautiful writer, I am resolved to “consider my own acquired knowledge but as a torch
flung into an abyss, making the darkness visible, and showing me the extent of my own
ignorance.” (Jameson)

35. I will never be voluntarily called as a witness in any cause in which I am counsel. Should
my testimony, however, be so material that without it my client’s cause may be greatly
prejudiced, he must at once use his option to cancel the tie between us in the cause, and dispense
with my further services or with my evidence. Such a dilemma would be anxiously avoided by
every delicate mind, the union of counsel and witness being usually resorted to only as a forlorn
hope in the agonies of a cause, and becomes particularly offensive when its object be to prove an
admission made to such counsel by the opposite litigant. Nor will I ever recognize any
distinction in this respect between my knowledge of facts acquired before and since the
institution of the suit, for in no case will I consent to sustain by my testimony any of the matters
which my interest and professional duty render me anxious to support. This resolution, however,
has no application whatever to facts contemporaneous with and relating merely to the
prosecution or defense of the cause itself, such as evidence relating to the contents of a paper
unfortunately lost by myself or others, and such like matters, which do not respect the original
merits of the controversy, and which, in truth, adds nothing to the once existing testimony, but
relates merely to matters respecting the conduct of the suit, or to the recovery of lost evidence;
nor does it apply to the case of gratuitous counsel–that is, to those who have expressly given
their services voluntarily.

36. Every letter or note that is addressed to me shall receive a suitable response, and in proper
time. Nor shall it matter from whom it comes, what it seeks, or what may be the terms in which it
is penned. Silence can be justified in no case; and though the information sought cannot or ought
not to be given, still decorum would require from me a courteous recognition of the request,
though accompanied with a firm withholding of what has been asked. There can be no surer
indication of vulgar education than neglect of letters and notes. It manifests a total want of that

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tact and amenity which intercourse with good society never fails to confer. But that dogged
silence (worse than a rude reply) in which some of our profession indulge on receiving letters
offensive to their dignity, or when dictated by ignorant importunity, I am resolved never to
imitate, but will answer every letter and note with as much civility as may be due, and in as good
time as may be practicable.

37. Should a professional brother, by his industry, learning, and zeal, or even by some happy
chance, become eminently successful in causes which give him large pecuniary emoluments, I
will neither envy him the fruits of his toils or good fortune, nor endeavor by any indirection to
lessen them, but rather strive to emulate his worth, than enviously to brood over his meritorious
success, and my own more tardy career.

38. Should it be my happy lot to rank with or take precedence of my seniors, who formerly
endeavored to impede my ownward course, I am firmly resolved to give them no cause to
suppose that I remember the one, or am conscious of the other. When age and infirmities have
overtaken them, my kindness will teach them the loveliness of forgiveness. Those, again, who
aided me when young in the profession shall find my gratitude increase in proportion as I
become better able to sustain myself.

39. A forensic contest is often not a very sure test of the comparative strength of the
combatants, nor should defeat be regarded as a just cause of boast in the victor, or of
mortification in the vanquished. When the controversy has been judicially settled against me, in
all court, I will not “fight the battle o’er again,” coram non judice; nor endeavor to persuade
others, as is too often done, that the courts were prejudiced, or the jury desperately ignorant, or
the witnesses perjured, or that the victorious counsel were unprofessional and disingenuous. In
such cases, Credat Judaeus Apella!

40. Ardor in debate is often the soul of eloquence, and the greatest charm of oratory. When
spontaneous and suited to the occasion, it becomes powerful. A sure test of this is when it so
alarms a cold, calculating and disingenuous opponent, as to induce him to resort to numerous
vexatious means of neutralizing its force, when ridicule and sarcasm take the place of argument,
when the poor device is resorted to of endeavoring to cast the speaker from his well-guarded
pivot, by repeated interruptions, or by impressing on the court and jury that his just and
well-tempered zeal is but passion, and his earnestness but the exacerbation of constitutional
infirmity, when the opponent assumes a patronizing air, and imparts lessons of wisdom and of
instruction! Such opponents I am resolved to disappoint, and on no account will I ever imitate
their example. The warm current of my feelings shall be permitted to flow on; the influences of
my nature shall receive no check; the ardor and fullness of my words shall not be abated–for this
would be to gratify the unjust wishes of my adversary, and would lessen my usefulness to my
client’s cause.

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41. In reading to the court or to the jury authorities, records, documents, or other papers, I shall
always consider myself as executing a trust, and as such bound to execute it faithfully and
honorably. I am resolved, therefore, carefully to abstain from all false or deceptious readings, and
from all uncandid omissions of any qualifications of the doctrines maintained by me, which may
be contained in the text or in the notes; and I shall ever hold that the obligation extends not only
to words, syllables, and letters, but also to the modus legendi. All intentional false emphasis and
even intonations in any degree calculated to mislead, are petty impositions on the confidence
reposed, and whilst avoided by myself, shall ever be regarded by me in others as feeble devices
of an impoverished mind, or as pregnant evidences of a disregard for truth, which justly subjects
them to be closely watched in more important matters.

42. In the examination of witnesses, I shall not forget that perhaps circumstances and not
choice have placed them somewhat in my power. Whether so or not, I shall never esteem it my
privilege to disregard their feelings, or to extort from their evidence what, in moments free from
embarrassment, they would not testify. Nor will I conclude that they have no regard for truth and
even the sanctity of an oath, because they use the privilege accorded to others, of changing their
language and of explaining their previous declarations. Such captious dealing with the words and
syllables of a witness ought to produce in the mind of an intelligent jury only a reverse effect
from that designed by those who practice such poor devices.

43. I will never enter into any conversation with my opponent’s client, relative to his claim or
defense, except with the consent and in the presence of his counsel.

44. Should the party just mentioned have no counsel, and my client’s interest demands that I
should still commune with him, it shall be done in writing only, and no verbal response will be
received. And if such person be unable to commune in writing, I will either delay the matter until
he employs counsel, or take down in writing his reply in the presence of others; so that if
occasion should make it essential to avail myself of his answer, it may be done through the
testimony of others, and not by mine. Even such cases should be regarded as the result of
unavoidable necessity, and are to be resorted to only to guard against great risk, the artifices of
fraud, or with the hope of obviating litigation.

45. Success in any profession will be much promoted by a good address. Even the most
cautious and discriminating minds are not exempt from its influence: the wisest judges, the most
dispassionate juries, and the most wary opponents being made thereby, at least, more willing
auditors–and this, of itself, is a valuable end. But whilst the address is deservedly prized, and
merits the highest cultivation, I fully concur in sentiment with a high authority, that we should be
“respectful without meanness, easy without too much familiarity, genteel without affectation, and
insinuating without any art or design.”

46. Nothing is more unfriendly to the art of pleasing than morbid timidity (bashfulness –
mauvaise honte). All life teems with examples of its prejudicial influence, showing that the art of

12
rising in life has no greater enemy than this nervous and senseless defect of education.
Self-possession, calmness, steady assurance, intrepidity–are all perfectly consistent with the most
amiable modesty, and none but vulgar and illiterate minds are prone to attribute to presumptuous
assurance the apparently cool and unconcerned exertions of young men at the bar. A great
connoisseur in such matters says that “what is done under concern and embarrassment is sure to
be ill done”; and the judge (I have known some) who can scowl on the early endeavors of the
youthful advocate who has fortified himself with resolution, must be a man poor in the
knowledge of human character, and, perhaps still more so in good feelings. Whilst, therefore, I
shall ever cherish these opinions, I hold myself bound to distinguish the arrogant, noisy, shallow,
and dictatorial impudence of some, from the gentle, though firm and manly, confidence of
others–they who bear the white banner of modesty, fringed with resolution.

47. All reasoning should be regarded as a philosophical process–its object being conviction by
certain known and legitimate means. No one ought to be expected to be convinced by loud
words, dogmatic assertions, assumption of superior knowledge, sarcasm, invective; but by
gentleness, sound ideas, cautiously expressed by sincerity, by ardor without extravasation. The
minds and hearts of those we address are apt to be closed when the lungs are appealed to, instead
of logic; when assertion is relied on more than proof; and when sarcasm and invective supply the
place of deliberate reasoning. My resolution, therefore, is to respect courts, juries, and counsel as
available only through the medium of logical and just reasoning; and by such appeals to the
sympathies of our common nature as are worthy, legitimate, well-timed, and in good taste.

48. The ill success of many at the bar is owing to the fact that their business is not their
pleasure. Nothing can be more unfortunate than this state of mind. The world is too full of
penetration not to perceive it, and much of our discourteous manner to clients, to courts, to juries,
and counsel, has its source in this defect. I am, therefore, resolved to cultivate a passion for my
profession, or, after a reasonable exertion therein, without success, to abandon it. But I will
previously bear in mind that he who abandons any profession will scarcely find another to suit
him. The defect is in himself. He has not performed his duty, and has failed in resolutions,
perhaps often made, to retrieve lost time. The want of firmness can give no promise of success in
any vocation.

49. Avarice is one of the most dangerous and disgusting of vices. Fortunately its presence is
often found in age than in youth; for if it be seen as an early feature in our character it is sure, in
the course of a long life, to work a great mass of oppression, and to end in both intellectual and
moral desolation. Avarice gradually originates from every species of indirection. Its offspring is
meanness; and it contaminates every pure and honorable principle. It cannot consist of honesty
scarcely a moment without gaining victory. Should the young practitioner, therefore, on the
receipt of the first fruits of his exertions, perceive the slightest manifestations of this vice, let him
view it as his most insidious and deadly enemy. Unless he can then heartily and thoroughly
eradicate it, he will find himself, perhaps slowly, but surely, capable of unprofessional, means,

13
 and, finally, dishonest acts which, as they cannot be long concealed, will render him conscious of
the loss of character; make him callous to all the nicer feelings; and ultimately so degrade him,
that he consents to live upon arts, from which his talents, acquirements, and original integrity
would certainly have rescued him, had he, at the very commencement, fortified himself with the
resolution to reject all gains save those acquired by the most strictly honorable and professional
means. I am, therefore, firmly resolved never to receive from any one a compensation not justly
and honorably my due, and if fairly received, to place on it no undue value, to entertain no
affection for money, further than as a means of obtaining the goods of life; the art of using
money being quite as important for the avoidance of avarice, and the preservation of a pure
character, as that of acquiring it.

With the aid of the foregoing resolutions, and the faithful adherence to the following and last
one, I hope to attain eminence in my profession, and to leave this world with the merited
reputation of having lived as an honest lawyer.

50. Last resolution: I will read the foregoing forty-nine resolutions twice every year during my
professional life.

7. 10 Commandments for lawyer (IMP)

● Protection of the interest of the client:
● Proper Estimation of the value of the Legal Advise
● Honest and Respect
● Preparation of the case:
● Service:
● Loyalty to Law and Justice:
● Fellowship:
● Fairness
● Systematic Study:
● Prudence and Diligence
8. Enrolment process of Bar Council (IMP)
● The examination applicant has to be a citizen of India.
● A degree of LLB of either 3 years or 5 years is required to be eligible for appearing in the
examination.
● The applicant should be a registered advocate under any State Bar Councils.
● A valid advocate identification should be present with the applicant.
● The applicant cannot apply for the examination in the same year he or she is qualifying
with an LLB degree.
● The official link of the All India Bar Council examination needs to be visited.
● Registration providing basic details of the candidates need to be carried out.
● Registration confirmation to be sent by the medium of email in the registered mail id.
● The application form needs to be filled up by logging in with approved credentials.

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 ● E-challan needs to be generated before proceeding with the application form.
● Application fee needs to be paid.
● Print out of the form and the receipt is required for future references.
9. Difference between Sr. Advocates and Advocates
● A senior advocate in general is based and judged on age and experience of a particular
legal profession. It is also defined in the Advocates Act as stated above. While a junior
lawyer lacks experience and does not have much idea of how to tackle things and go
around with them.
● Senior advocate has to follow a separate code of conduct. It is different from other
lawyers.
● General people see an aged lawyer with good practice and experience as a ‘senior
lawyer’ while a fresh lawyer needs to learn so many things from the senior lawyer and
has to grasp some skills.
● Devotion and years of practice is the key behind the success of a senior lawyer while a
junior lawyer lacks this skill and quality.
● Senior advocates are prohibited from doing some kind of legal work like drafting, etc
while junior advocates have no such prohibition.
● The status of senior lawyer is designated to them by the Supreme Court or High Court on
the basis of merit and seniority.
● The court can give this status to any advocate but with their consent if it is in the opinion
because of his ability or special knowledge in law.
● A saving provision has been laid down with respect to the advocates who are right now
senior advocates and who will continue to enjoy the status of senior
● A senior advocate is prohibited or banned from accepting some kind of legal work. For
e.g. drafting, draw pleadings or affidavits,
● A senior advocate is not permitted to appear without an Advocate-on-record or without
any junior.
● A senior cannot file any pleading or represent his client nor can draft an application by
his own handwriting.
10. Can Sr. Advocate file Vakalatnama Patra (VP)in their own name

A Senior Advocate shall not file Vakalatnama or act in any Court, or tribunal or before any
person or other authority mentioned in Section 30 of the Advocate Act 1961

11. Qualification and disqualification of Advocates

Section 24 of the Act says that a person can be admitted as an Advocate in a State Roll, if-

● He is a citizen of India. However a foreign national may be admitted to a State Roll, if

qualified Indian citizens are allowed to practice in that country.
● He has completed twenty one years of age.

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 ● He has obtained a law degree from a University or college recognised by the Bar Council
of India.
● He fulfills any other conditions set out by the concerned State Bar Council.

Section 24A speaks about disqualification for enrolment. The section says that, no person shall
be admitted as an Advocate in a State Roll-

● If he is convicted for an offense involving moral turpitude.

● If he is punished for an offense under the Untouchability (Offences) Act.
● If he was dismissed or removed from an employment or service under the State for an
offense involving moral turpitude.

However, such disqualification will cease to have effect after the lapse of two years since his
removal or dismissal or release. Also the Bar Council of India is empowered to remove the name
of a person from State Roll, if it is satisfied that he got his name entered through
misrepresentation or undue influence or fraud.

12. Constitution, powers and function of BCI and State Bar Council

Under Advocates Act, 1961

● Section -3 Constitution of State Bar council

● Section -4 Constitution of Bar Council of India
● Section - 6 Functions of State Bar Council
○ To admit persons as Advocates on its roll.
○ To prepare and maintain such roles.
○ To entertain and determine cases of misconduct against Advocates on its roll.
○ To safeguard the rights, privileges and interests of Advocates on its roll.
○ To promote and support law reform.
○ To conduct seminars and organize talks on legal topics by eminent jurists and
publish journals and papers of legal interest.
○ To organize legal aid to the poor.
○ To manage and invest the funds of the Bar Council.
○ To provide for the election of its members.
○ To perform any other functions as prescribed by the Act.
○ To do all other things necessary for discharging the aforesaid functions.
● Section -7 Function of Bar Council of India
○ 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 Councils
○ To safeguard the rights, privileges and interests of advocates
○ To promote and support law reform

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 ○ To deal with and dispose of any matter arising under this act, which may be
referred to it by a State Bar Council
○ To exercise general supervision and control over State Bar Councils
○ To promote legal education and to lay down standards of legal education. This is
done in consultation with the universities in India imparting legal education and
the State Bar Councils
○ To recognize universities whose degree in law will be a qualification for
enrolment as an advocate. The Bar Council of India visits and inspects
universities, or directs the State Bar Councils to visit and inspect universities for
this purpose
○ To conduct seminars and talks on legal topics by eminent jurists and publish
journals and papers of legal interest
○ To organize legal aid to the poor
○ To recognize on a reciprocal basis, the foreign qualifications in law obtained
outside India to admission as an advocate in India
○ To manage and invest the funds of the Bar Council
○ To provide for the election of its members who will run the Bar Councils
○ To perform all other functions conferred to it by or under this Act
○ To do all other things necessary for discharging the aforesaid functions.
13. Who is AOR and how to become an AOR

An Advocate on Record (AOR) in the Supreme Court of India is an advocate who has cleared
the exam held by the Supreme Court of India and has registered as an Advocate on Record with
the Honorable Supreme Court of India.

● The advocate must have a practice for five years as an advocate.

● And thereafter has to intimate to the Supreme Court that he or she has started taking
training with a Senior Advocate on the record because he or she intends to become an
Advocate-on-record.
● After the expiry of one year’s training, the advocate has to appear for an examination
conducted by the Supreme Court itself.
● After an advocate passes this examination, he or she must have a registered office within
a radius of 10 miles from the Supreme Court building and a registered clerk. It is after
this that the Chamber Judge of the Supreme Court accepts him as an advocate-on-record.
14. Rules of AIBE
● To apply for AIBE XVII (17), you must have completed a 3-year or 5-year LLB degree
from a BCI-accredited institution.
● Candidates applying for AIBE XVII (17) should have completed their 3-year LLB or
5-year LLB program from an institute recognized by the BCI. You must have completed
their graduate program after July 1, 201
● Upload all the required documents, i.e., Photograph, Signature & Enrolment Certificate.

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 ● Only enrolled advocates can take this exam, and any institution can issue an enrolment
number/certificate.
● Payment of prescribed fees
● State bar council is mandatory for application to this examination.
● Self-attestation is required for all documents.
● There will be no study materials given.
● To take the AIBE, you must be registered with the State Bar Council.
● Cross-verify all the information filled in the application form.
15. What is contempt of Court

Contempt of court is a legal violation committed by an individual who disobeys a judge or

otherwise disrupts the legal process in the courtroom

16. Kinds of contempt of Court

Civil Contempt

Section 2(a) of the Contempt of Court Act, 1971 states Civil Contempt as wilful disobedience to
the order, decree, direction, any judgment or writ of the Court by any person or willfully breach
of undertakings by a person given to a Court. Since Civil Contempt deprives a party of the
benefit for which the order was made so these are the offenses essential of private nature. In
other words, a person who is entitled to get the benefit of the court order, this wrong is generally
done to this person.

Criminal Contempt

According to Section 2(c) of the Contempt of Court Act, 1971, Criminal Contempt is Defined as
(i) the publication of any matter by words, spoken or written, or by gesture, or by signs, or by
visible representation or (ii) doing of any act which includes:

● Scandalize or tends to scandalize, or lowers or tends to lower the authority of any court,
or
● Biasness, interferes or tends to interfere with the due course of any type of Judicial
proceedings, or
● obstructs or tends to obstruct, interfere or tend to interfere with the administration of
justice in any manner.

17. Difference between Criminal and Civil contempt

● Objectives. When the contempt charge aims to coerce or force a person to comply with a
court order, then it is civil contempt. On the other hand, holding someone in criminal
contempt aims to punish the contemnor for disrespecting the authority or dignity of the

18
 court. This distinction may also relate to monetary fines and/or penalties imposed. If the
penalty or fine is intended to compensate another party, then it is civil. If it is intended to
punish the person who committed the contemptuous act, then it is criminal.
● Consequences. A punishment in criminal contempt is usually final, and it cannot be lifted
by correcting or promising not to repeat the contemptuous act. On the other hand, civil
contempt may be conditional. In many cases, the judge may lift the charges and the
punishment upon compliance with the court order. For instance, if a person gets detained
for withholding evidence in their custody, they may be released as soon as they produce
it. In some cases, an apology to the judge may even suffice.
● Burden of proof required. Civil contempt can be proven by the standard of clear and
convincing evidence. This means the evidence presented is likely to prove that contempt
was indeed committed. Criminal contempt, meanwhile, requires a higher standard, which
is proof beyond a reasonable doubt.
● Defenses. A person charged with civil contempt may avail of the “impossibility defense,”
when they are totally unable to comply with the court order. This defense is not available
in criminal contempt simply because the latter involves an overt act, and not a failure to
act.
● Due process rights. Unlike civil contempt, criminal contempt is a criminal offense, and
courts try and decide these as a criminal proceeding. It follows, therefore, that one
charged with a criminal contempt is entitled to the constitutional due process protections
guaranteed to persons accused of a crime. These include the right to be presumed
innocent until proven guilty, the right to a trial by jury, the right to confront one’s accuser,
and the right to counsel (and for the court to appoint an attorney if the accused cannot
afford one).
● Presidential pardon. A person charged with criminal contempt may be pardoned by the
president. This remedy is usually not available in civil contempt cases.
18. Punishment and remedies for contempt of court

Section 12 of the Contempt of Court Act, 1971 deal with punishment- Simple imprisonment may
extend to six months or fine upto Rs. 2,000/- or both

Section provides Remedies-Clause (a) of Section 13 of the Contempt of Court (Amendment)

Act, 2006 states that no Court under this Act shall be punished for Contempt of Court unless it is
satisfied that the Contempt is of such a nature that it substantially interferes or tend to
substantially interfere with the due course of Justice.

Clause (b) of Section 13 of this Act states that the court may give the defense on the justification
of truth if it finds that the act done in the public interest and the request for invoking that defense
is bona fide.

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19. Important case law of contempt of court & professional misconduct
● Noratanmal Chaurasia vs. M.R. Murli (2004) 5 SCC 689– The Supreme court 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.
● In Re: An Advocate vs. Unknown AIR 1961 Ker 209- It is the imperative duty of the
counsel on receipt of the client’s decretal money, to inform the client thereof and pay him
without the amount under receipt without any delay. The Kerala High Court suspended
the respondent for a period of six months, for non-fulfillment of this duty under Rule 27
of the BCI Rules- Chapter II.
● Bar Council of Maharashtra vs. V. Dabholkar and others AIR 1976 SC 242- The Bar
Council functions in a dual capacity, one as the prosecutor through its Executive
Committee and the other quasi-judicial performed through its Disciplinary Committee.
Hence, being the prosecutor, the State Bar Council would be an ‘aggrieved person’ and
therefore, the appeal under section 38 of the Advocates Act, 1961 would be maintainable.
● PD Khandekar vs Bar Council of Maharashtra 1984 SCR (1) 414- It is professionally
improper for a member of the bar to prepare false documents, or to draw pleadings
knowing that the allegations made are untrue to his knowledge. Thus, giving improper
legal advice may amount to professional misconduct, which may not be so by the giving
of wrong legal advice. (Violation of Rule 11 of the BCI Rules-Chapter II)
● Hikmat Ali Khan vs Ishwar Prasad Arya AIR 1997 SC 864- The defendant assaulted his
opponent with a knife. Prosecuted under Section 307 of IPC and Section 25 of the Arms
Act. Conviction suspended on the basis of a letter from the governor. The Supreme Court
held that his conduct was such that his name should be removed from the state role of
advocates as he was unworthy of remaining in the profession after the conviction. (Rule
7A of Chapter III of BCI Rules)
● R.D. Saxena vs. Balram Prasad Sharma (2000) 7 SCC 264 – The advocate does not have
a lien for his fees on the litigation papers entrusted to him by his client.
20. Difference between contempt of court and professional misconduct

Professional Misconduct Contempt of Court

Made by Bar Council of India Rules, 1975, Governed and Punished under contempt of
Punishment under Advocates Act, 1961 Court act, 1971

Act resulting in wrongful omission or Willful denial of courts lowering the image of
deliberate violation of rules or standard judge or deliberate disobedience of court
behavior order

This offense can be done by Advocate only The offense can be done by any person

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 Matters are filed before State Bar council and Matter are filed in High Court or the Supreme
its Disciplinary committee Court of India

Suspension from practise Simple - 6 months- Rs. 2000 or both

Reprimand Advocate
Removal of name from state bar

21. Contempt powers of supreme court, high court its constitutional provisions

Article 129 and 215 of the Constitution of India empowers the Supreme Court and High Court
respectively to punish people for their respective contempt. Section 10 of The Contempt of
Courts Act of 1971 defines the power of the High Court to punish contempt of its subordinate
courts.

22. Punishment and remedies for professional misconduct and where can it be file and what is the
provision for appeal

Punishment

● Suspension from practise

● Reprimand Advocate
● Removal of name from state bar

Remedies

● Review
● Revision
● Application for Stay
● Appeal

Filing

● Matter is filed before State Bar Council and Its disciplinary committee
● Appeal shall be filed before Bar Council of India and its disciplinary committee
● The further appeal can be filed before the Supreme Court of India
23. State bar council and it’s all committees (Disciplinary Committee IMP)

Disciplinary Committee

The disciplinary committees are constituted to deal with the cases of professional misconduct of
Advocates. The Council may constitute one or more disciplinary committees. It shall consist of

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 three persons out of which two persons shall be members of the Council and the remaining one
being selected from the non-member Advocates.

The senior most among the members of the Committee shall be the Chairman of the Disciplinary
Committee.

The Disciplinary Committee shall have the same power as that of a civil Court in matters relating
to the disposal of disputes relating to professional misconduct.

Legal Aid Committee

One or more legal aid committees may be constituted by the Council. It shall have a minimum of
five members; however it cannot exceed nine.

The Legal Aid activities of the Council are monitored, conducted by the committee. The Council
prescribes the qualifications required for the members from time to time.

Executive Committee

It shall consist of five members and they are elected by the Council amongst its members.

Enrolment Committee

There must be three members in the enrolment committee who shall be elected from the
members of the Council. A State Bar Council shall refer every application for admission as an
advocate to its enrolment committee and it shall decide on the same.

Standing Committees

● Executive committee which shall consist of nine members elected amongst the members
of the Council.
● Legal Education Committee which shall consist of ten members. Five out of ten members
shall be elected by the Council from its members and the remaining five shall be co-opted
by the council from non-member Advocates.

Every Bar Council and every committee other than Disciplinary Committee shall follow the rules
of procedure in regard to transaction of businesses at their meeting. The meeting shall be
convened at the headquarters of the Bar Council except that of the Disciplinary Committee.

24. What is restitution of conjugal rights ?

Conjugal Rights Restitution is a legal entitlement that is based on Section 9 of the Hindu
Marriage Act. The aggrieved party may apply to the district court for restitution of conjugal
rights if the husband or wife is withdrawn from the other partner's company without valid. In

22
 simple terms, the restitution of conjugal rights is regaining the companionship of a spouse who
has abandoned the relationship for no apparent reason.

The application can be filed before Principal Judge of the Family Court under Section 19 of the
Hindu Marriage Act- 1955

25. Judicial Separation

Judicial separation as mentioned in section 10 of the Hindu Marriage act provides Judicial
Separation for both the spouse, those who are married under the Hindu Marriage Act, 1955. They
can claim the relief of Judicial Separation by filing a petition. Once the order is passed, they are
not bound to have cohabitation.

It is a period of separation mandated by the court before the divorce proceedings can be started.
Under all personal laws, the judicial separation period is for one year. The period of judicial
separation gives time for resolving the matrimonial disputes and misunderstanding between the
couple.

26. Petition for divorce

Divorce means putting an end to the marriage by the dissolution of marital relations. It is the
legal dissolution of a marriage by a court or any competent court. After divorce parties can no
longer be husband and wife.Sections 13, 13(1A), 13A, 13B, 14, and 15 deal with divorce and
related things associated with it under Hindu Marriage act, 1955

● Mutual Consent
● Cruelty
● Adultery
● Desertion
● Conversion
● Mental disorder
● Communicable disease
● Renunciation of the world
● When the spouse is presumed dead
27. Application for child custody

As per the Guardians and Wards Act 1890, the family court takes a decision on child custody but
these can often be in conflict with personal laws. Therefore, to maintain a balance, the court
always puts the best interests and welfare of the child above those of the parents.

Section 26 of the Hindu Marriage Act states that when it comes to child custody, guardianship,
maintenance, and education of minor children, the court can impose interim orders and decree

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 provisions that it believes are fair and right, as long as they are as close to the children's wishes
as possible.

28. Is Live-in relationship legal in india?

Kanniammal (2010) 5 SCC 600, the Supreme Court held that a living relationship comes within
the ambit of right to life under Article 21 of the Constitution of India. The Court further held that
live-in relationships are permissible and the act of two major living together cannot be
considered illegal or unlawful

29. Types of winding up of a company

The three modes of winding up are (a) Winding Up by the National Company Law Tribunal (the
Tribunal) (b) Voluntary Winding Up under section 59 of the Code; (c) the 'Fast Track Exit
Scheme' applicable to defunct companies under section 248 of the Act. under companies act,
2013

30. Amalgamation & Merger

Merger: Where assets and liabilities of one company are transferred to another and the first
company loses its existence. Amalgamation: Where two or more companies merge into a third
new company and the existing company loses its existence

31. Shareholder agreement

A shareholders' agreement is an arrangement among a company's shareholders that describes

how the company should be operated and outlines shareholders' rights and obligations. The
shareholders' agreement is intended to make sure that shareholders are treated fairly and that
their rights are protected

32. Remission agreement

Remission means acceptance of a lesser amount, or lesser degree of performance than what was
contracted for in full discharge of the contract.

According to Sec. 63 of Indian Contract Act, 182 a party may:

(a) Dispense with or remit performance wholly or in part; or

(b) Extend the time for performance ; or

(c) Accept any other satisfaction instead of performance

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33. Operation and mis-management

Section 241-246 of the Companies Act, 2013 lays down the provisions to effectively deal with
oppression and mismanagement in a company.

The term ‘oppression’ is not clearly defined by Company Law 2013, the court of law defines
conduct that involves a visible departure from the standards of fair dealing and a violation of
conditions that require fair – especially with regard to the right of shareholders.

The term mismanagement does not find a clear meaning in the act but can be described as
conducting company affairs in a prejudicial, dishonest or inept manner

34. Can a company reduce its capital share

Capital reductions are generally done through share cancellations, paid-back capital, or share
repurchases (buybacks). Companies do capital reductions for a variety of reasons, such as for
increasing shareholder value or producing a more efficient capital structure.

35. What is underwriting of shares

In the securities market, underwriting involves determining the risk and price of a particular
security. It is a process seen most commonly during initial public offerings, wherein investment
banks first buy or underwrite the securities of the issuing entity and then sell them in the market.

36. Infringement of Trade mark

Trademark infringement is defined as the unauthorized use of a trademark or service mark. This
use can be in connection with goods or services and may lead to confusion, deception, or a
misunderstanding about the actual company a product or service came from. Trademark owners
can take legal action if they believe their marks are being infringed. If infringement of a
trademark is proven, a court order can prevent a defendant from using the mark, and the owner
may be awarded monetary relief- Section 29 of Trademark Act 1999

It is creating some false representation that is likely to lead someone to believe that the goods or
services are those of someone else. In layman terms, passing off occurs when a
trader/businessperson/or another person makes a false representation to their customer or
consumer to lead them in believing that the goods or services they are delivering are the property
of another person. The Law of Passing-Off, which covers Intellectual Property Rights in India,
was created to prevent this conduct. Section 134 1 (c) of the Trademark Act 1999 establishes the
law of passing off. A common law remedy is provided by Section 27 of the Trademark Act 1999.
Unregistered trademark rights are subject to this common-law tort ( a trademark that has not
been registered under a trademark or patent office is known as an unregistered trademark).

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37. Difference between infringement and passing off of trademark

S. No. Infringement Passing off

1. Type of The statutory remedy under Section Common-Law remedy

remedy 29(1) of the Trade mark Act, 1999

2. Registration It is a pre-requisite It is not required

3. Proof Plaintiff is only required to show Apart from proving deceptive

deceptive similarity, as there is a similarity, the Plaintiff is also
presumption of confusion required to prove confusion in
public and the likelihood of
injury to the plaintiff's goodwill

4. Jurisdiction The registered proprietor or Section 20 of the Civil

registered user of the trade mark Procedure Code, 1908 would
can institute the suit where they apply
actually and voluntarily resides or
carries his business or personally
work for gain

38. Suit for infringement of patent, trademark and copyright

A patent holder can file a suit for infringement in the District Court or High Court. However
where counter-claims for revocation of the patent is made by the defendant, the suit along with
the counter-claims are transferred to the High Court for a decision on the validity of the patent.
Section 104 of Patent Act, 1970

Section 134 of the Trademark Act, 1999:

According to Section 134 of the Trademarks Act, 1999, one can file suit for infringement before
any District/High Court having Ordinary Original Civil Jurisdiction. For passing of, jurisdiction
lies with every Court which is not below a District Court.

Section 62 of the Copyright Act, 1957:

The suit for infringement of copyright should be filed before the District Court having
jurisdiction or before the High Court having original jurisdiction.

39. Important ingredients for patent, rights of licensing agreement and for mortgage of patent

26
 essentials of patent in India

i) It should be novel. ii) It should have inventive step or it must be non-obvious iii) It should be
capable of Industrial application. iv) It should not attract the provisions of section 3 and 4 of the
Patents Act 1970

Patent licensing means granting permission to a third party for using/selling patented invention.
Patent owner can get good financial befits by licensing his patented invention. According to
Indian Patent Act 1970, patent licensing should be in written format and satisfy the clauses stated
in Section 84-92 of IPA 1970.

Mortgages: A mortgage is an agreement in which the patent rights are wholly or partly
transferred to assignee in return for a sum of money. Once the assignor repays the sum to the
assignee, the patent rights are restored to assignor/patentee

40. Agreement between author and publisher

A book publishing agreement is a legally binding agreement between an author of a book and a
publisher which specifies all the terms of their deal to publish the book, like the payment to be
made, the timeline to be followed, etc.

41. What is assignment of copyright, trademark patent and main ingredient for this agreement

Who can Assign a Trademark? Section 37 of the Trade Marks Act, 1999 states that the person
registered as proprietor of a trademark in the register of trademarks has the power to assign a
trademark and receive consideration for such assignment. Thus, a trademark proprietor can
assign a trademark to another person.

The word ‘assignment’ has not really been defined in the Patents Act. However, it refers to the
act through which the assignor transfers some or all the rights to the patent to an assignee. Post
assignment, the assignee would have the right to sue anyone who violates the patent by using the
invention without their consent. Section 70 of Patent act 1970

42. RTI

Right to Information Under RTI act 2005

Section 3 of the RTI Act empowers citizens to have the right to information, but any person can
avail this right to receive information under Section 6 of the Act, as the ambit of Section 6 is
wider than Section 3.

Within 30 days reply shall be provided

43. Full form of CAT what is jurisdiction of CAT

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 Central Administrative Tribunal

The CAT exercises original jurisdiction over all service matters concerned with: Members of the
all-India services. Persons appointed to any civil service of the Union or civil post under the
Union. Civilians appointed to any defence services or posts related to defence.

Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with
the power to exercise the same jurisdiction and authority in respect of contempt of itself as a
High Court.

44. What is DRT and its jurisdiction

The RDB Act, 1993 provides for establishment of Debts Recovery Tribunals (DRTs) with
original jurisdiction and Debts Recovery Appellate Tribunals (DRATs) with appellate
jurisdiction, for expeditious adjudication and recovery of debts due to banks and financial
institutions, insolvency resolution and bankruptcy of individuals and partnership firms and
connected matters therewith.The Act aims to safeguard the interest of banks and financial
institutions as lenders, while not discouraging borrowers.The Tribunals have not yet commenced
taking up insolvency resolution and bankruptcy matters as the related provisions are not yet in
force.The Act is applicable to cases where the amount of debt due to any bank or financial
institution defined under the Act or a consortium of banks or financial institutions is Rs.20 lakh
or more.

45. Court for Contempt of Court

Contempt of court is a legal violation committed by an individual who disobeys a judge or

otherwise disrupts the legal process in the courtroom

46. What is the role of charity commission

Under the Bombay Public Trusts Act 1950, the Charity Commissioner has the power to direct a
special audit of the accounts of a public charitable trust. The Charity Commissioner also has the
power to sanction a sale, mortgage exchange, gift or lease of immovable property belonging to
the public charitable trust.

47. What is succession certificate

Succession certificate is a document issued by a competent court (civil) certifying a rightful

person to be the successor of a deceased person. This certificate authorizes successor(s) to realize
debts and securities of the deceased person. It is obtained when a person dies intestate i.e.
without a will

48. Miscellaneous Criminal Application for quashing of criminal complaint

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 Section 482 of CrPC, which deals with the power of court to quash criminal proceedings, hasnt
given the details of that what exactly constitutes the inherent power of court. In that sense, the
Code is very vague as it doesnt lay out the grounds on which the foundations of the inherent
power of court lay.

49. Important provision for complaint, FIR

Section 154 of Crpc for FIR in Cognizable case , Section 155 for of CrPC for FIR in
Non-Cognizable Cases

50. What is PIL ?

Public Interest Litigation (PIL) was designed to provide legal representation to previously
unrepresented groups and interests

51. Suits for IPR

52. What is difference between criminal and civil trial

Criminal Law Civil Law

Criminal Law deals with offences that are Civil Law is a general law. It solves
committed against the society. disputes between 2 organisations or
individuals.

The punishment of the offence would be To settle the dispute, a

as per the seriousness of the criminal compensation is provided to the
offence committed. Also, a fine could be aggrieved party in civil law cases. No
imposed. such punishment is given in such
cases.

In the case of Criminal law it the Civil Law to exist needs the
Government of India that needs to file the aggrieved individual or organisation.
petition.

Criminal law punishes the convicts, The objective of Civil Law is to

protects the citizens and ensures law and protect the rights of an individual or
order in the land. organisation. It needs to ensure the
wrongs done to be rectified against
the sufferer.

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 The petition cannot be filed directly in a The aggrieved party can file a case
court but a complaint must be first in a tribunal or a court
registered with the police and its
investigation needs to be carried out.
Thereafter a case can be filed in the
court.

The accused is prosecuted in the court of The victim or aggrieved party can
law sue those who offended it

In these cases the court is empowered The court in such cases can only
charge a fine, imprison the guilty of a pass judgement to compensate for
crime, or discharge the defendant. damage done to the aggrieved party.

Here, the defendant is considered either The defendant here is considered to

guilty or not guilty by the court. be either liable or not liable.

Criminal law deals with specific serious Civil Law deals with Property, Money,
crimes like murder, rape, robbery etc. Housing, Divorce, custody of a child
in the event of divorce etc.

53. What point are taken care by judge while drafting the judgement

It is worthwhile to keep the following basic rules in mind while writing a judgment: ● Reasoning
should be intelligible and logical. Clarity and precision should be the goal. Use of strange and
difficult words and complex sentences should be avoided. A judge cannot use his personal
knowledge of facts in a judgment.

54. How many sections are there in Advocate act 1961

On May 19, 1961, in the twelfth year of the Republic of India, Parliament passed The Advocates
Act, 1961. The Act has a total of 60 sections split into 7 chapters

55. Stages of civil trial

● Filing of Plaint. ...
● Issuing of Summons. ...
● The appearance of the Parties to the Dispute. ...
● Interlocutory Proceedings. ...
● Written Statement. ...
● Examination. ...

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 ● Framing of the Issues Involved. ...
● Documents Required
● Inspection and Discovery of the Documents
● Producing the Required Documents
● Examination and Cross-Examination of the Witnesses
● Arguments
● Judgment
● Appeal, Review, Revision of the Judgment Passed
● Decree Execution
56. Stages of criminal trial
● Framing of Charges- ...
● Plea of Guilty- ...
● Evidence by prosecution- ...
● Statement of the Accused- ...
● Defense evidence- ...
● Final arguments and judgments-
57. Reduction of capital

Form of application or petition for Reduction of share capital under section 66. -(1) An
application to the tribunal to confirm a reduction of share capital of a company shall be in Form
No. RCS-1 and fee shall be, as prescribed in the Schedule of fee to these rules. Under companies
act 2013

58. What is the code of ethics for advocates

59. When was BCI established

1961

60. Appeal in cases of divorces

The first step is to file an appeal in the High Court within the prescribed time limit. The
limitation period for filing an appeal before the High Court against the order of the Family Court
in a divorce case is 90 days from the date of the order as per Section 28 of the Hindu Marriage
Act, 1955.

61. Appeal in cases of mutual consent divorce

The divorce decree passed, cannot be challenged in the court. Since, the only essential required
in a mutual divorce is voluntary & free consent by both the parties.

62. Interview techniques in criminal and civil trial

63. What is moot court

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 A moot court, or mooting, simulates a real court environment to give law students an opportunity
to put their learning into practice. Moot court covers the appeals process rather than a trial, so
there is no jury, witnesses or evidence.

64. How to become designated Senior Counsel

No Advocate shall be eligible to be designated as Senior Advocate, unless:

(i) he/she has completed 40 years of age, and

(ii) he/she has minimum of 15 years standing at the Bar as an Advocate in the High Court and/or
in any Court within the jurisdiction of the High Court, and Explanation: In this clause, while
calculating the standing of 15 years, the period spent by a Judicial Officer during his service
career shall be taken into consideration.

(iii) Reference to at least ten reported/reportable Judgments in cases in which the applicant has
appeared as arguing Counsel and contributed to the making of law.

(iv) he/she has not been convicted by any competent Court or against whom no charge should
have been framed for offence involving moral turpitude or against whom no proceedings under
the Contempt of Courts Act, 1971 or any proceedings before the State Bar Council, or the Bar
Council of India, should have been initiated; and

(v) he/she has net taxable income of minimum of Rs. 15 lace (Rupees fifteen Lac) from the
profession consistently during the last three preceding assessment years:

65. Relation between Bar and Bench

The Bar and the Bench are considered as the two wheels of a chariot that play a role in
administering the law. Both are subordinate to and interrelated to one another in their respective
roles. In law, the term “Bar-Bench relationship” pertains to the friendly relationship that
advocates have with judges. The Bar (advocates) and the Bench (judges) both play critical roles
in the administration of justice. Maintaining cordial relations between the Bench and the Bar
requires respect and understanding on both sides of the bench and bar.

66. Where have you done your internship

67. Difference between judicial separation and divorce

Judicial separation give release from matrimonial duties and obligations for a certain period of
time while divorce dissolve the marriage permanently. Judicial separation is a first step process
while divorce is a two step process

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68. Meaning of respondent, defendant, appellant, petitioner, applicant, complainant

Plaintiff is a person who initiates an action against opposite party in a civil case. For illustration
purpose if you file a suit for permanent injunction against opposite party then you will be
considered plaintiff. In simple word the person who institute a plaint in the court is known as the
plaintiff or if the persons filing the plaint are more than one then they are known as plaintiffs.

Defendant is a person against whom the plaintiff files a legal proceeding or civil suit. In simple
words the opposite party is called defendant or defendants.

The respondent is a party or person against whom a petition is filed or we can say the other party
to a petition is called respondent. This respondent term is used in cases like Petition under
section 125 CrPC, Section 8 of Hindu marriage Act, Divorce petitions etc.

The term applicant is used when a person or individual files his plea by moving an application
before a forum or court. In this case, the first party is called applicant and against whom we files
the application is called respondent. Or in other word in an application the filer of the same is
known as the applicant or applicants and the other party against whom the same is filed is known
as respondent or respondents as the case may be.

The accused is the person charged with an offence. The term accused is preliminary used in
criminal cases or in complaint cases such as 138 N.I Act, in bail applications, in cased filed by
the State.

The complainant is the person who files a complaint against a person. The complainant is also
described as applicant. The opposite party in a complaint is called accused or respondent. The
complainant term used in cases such as 138 N.I Act, D.V Act etc.

Appellant is a person or individual who appeals to a higher court in a case which has already
settled the dispute. When the party against whom a decision is announced, if he is not satisfied
by the decision he can further file an appeal in higher court with a expectation to get the decision
of lower court set aside. The opposite party in an appeal is known as respondent.

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