Laws Forum – Mastering Law, Simplifying the Process

Q.360: In the case of R.D. Saxena v. Balram Prasad Sharma, what did the Supreme Court decide regarding an advocate’s right to retain a client’s case files?

A) An advocate has a statutory lien over the files until all outstanding fees are paid.

B) An advocate cannot exercise a lien over the litigation files of a client for unpaid remuneration.

C) An advocate can retain the files but must provide photocopies to the client.

D) The right to retain files is subject to the permission of the State Bar Council.

Answer: B

Explanation: The Supreme Court ruled that litigation files are not commercial “goods” bailed to the advocate, so Section 171 of the Indian Contract Act (general lien) does not apply to them. Case records are vital for the administration of justice. For instance, if a client fails to pay Advocate Harish Vardhan his rightful fees, Harish cannot hold the case files hostage to force payment; his legal remedy is to file a civil suit for the recovery of his fees like any other citizen.

Q.359: According to the Supreme Court’s ruling in Ex-Capt. Harish Uppal v. Union of India, which of the following statements about lawyers going on strike is accurate?

A) Lawyers have a fundamental right to strike under Article 19(1)(a) of the Constitution.

B) Strikes are strictly prohibited, and lawyers have no absolute right to go on strike or call for a court boycott.

C) Strikes are legally permitted only if a resolution is passed by the majority of the Bar Association.

D) Lawyers can strike, but only for demands related to court infrastructure.

Answer: B

Explanation: The Court established that strikes interfere with the administration of justice, cause undue hardship to litigants, and violate the fundamental right to speedy justice. Even if lawyers feel strongly about a grievance, paralyzing the courts is not permitted. In the “rarest of rare” cases involving the dignity of the Bar or Bench, only peaceful protests that do not disrupt court proceedings are allowed.

Q.358: In P.D. Gupta v. Ram Murti, an advocate was found guilty of professional misconduct for which specific action?

A) Purchasing property from his client which was the very subject matter of the ongoing litigation.

B) Failing to appear in court for consecutive hearings without notice.

C) Overcharging fees in a pro-bono matter.

D) Representing both the plaintiff and the defendant in a property dispute.

Answer: A

Explanation: An advocate’s paramount duty is to the Court and to ensure fair administration of justice. Buying disputed property from a client creates a severe conflict of interest, destroying the advocate’s objective role. A lawyer must maintain professional detachment and cannot exploit a client’s litigation for personal real estate gains.

Q.357: What was the grave professional misconduct committed by the advocate in Shambhu Ram Yadav v. Hanuman Das Khatry?

A) Forging the signature of the presiding judge on a bail order.

B) Writing a letter to his client suggesting that the presiding judge could be bribed to get a favorable order.

C) Misappropriating funds awarded to the client as compensation.

D) Physically assaulting the opposing counsel outside the courtroom.

Answer: B

Explanation: The advocate was permanently debarred from practice for writing to his client asking for Rs. 10,000 to bribe the judge. Such an act strikes at the very root of the judicial system’s integrity and severely undermines public confidence in the honesty of the courts.

Q.356: How did the Supreme Court in Salil Dutta v. T.M. and M.C. (P) Ltd. view the responsibility of an educated corporate client when an ex-parte decree is passed due to their advocate’s non-appearance?

A) The client should never suffer for the negligence of their advocate, regardless of their background.

B) Educated businessmen managing a company cannot blindly blame their advocate and are expected to be vigilant about their case.

C) The advocate must personally pay the decreed amount out of pocket.

D) An ex-parte decree cannot be passed against a private limited company under any circumstances.

Answer: B

Explanation: The Court distinguished this scenario from earlier rulings involving illiterate or rustic litigants. Sophisticated corporate entities and educated businessmen have a duty to actively monitor their litigation. They cannot completely absolve themselves of responsibility by solely blaming their counsel for an adverse order resulting from non-appearance.

Q.355: Based on the ruling in Anees Ahmed v. University of Delhi, what is the legal position regarding law teachers practicing as advocates?

A) Law teachers are exempt from Bar Council rules and can practice freely.

B) A regular, full-time salaried law teacher cannot enroll and practice as an advocate simultaneously.

C) Only professors with a Ph.D. are permitted to both teach full-time and litigate.

D) Part-time teaching by an advocate is strictly prohibited under all circumstances.

Answer: B

Explanation: The Bar Council of India (BCI) Rules strictly prohibit an advocate from being a full-time salaried employee. The profession demands full-time dedication. However, the BCI does permit practicing advocates to teach law on a part-time basis, provided the teaching burden does not exceed 3 hours a day.

Q.354: In D.P. Chadha v. Triyugi Narain Mishra, the advocate was penalized for colluding with the opposite party. What specific act constituted this fraud on the court?

A) Leaking confidential trade secrets of his client to the opposing counsel.

B) Filing a compromise petition and obtaining an order based on it without the actual knowledge and consent of his client.

C) Refusing to cross-examine the main witness of the opposite party.

D) Accepting brief fees from both sides of the dispute.

Answer: B

Explanation: An advocate is not a “mere mouthpiece” but also cannot bind a client to a settlement without their explicit authority and understanding. If Advocate Shivanc Teewari were to legally bind his client Maheema to a detrimental compromise without her explicit permission and signature, it would be a gross violation of trust and a direct fraud upon the court.

Q.353: In Mahipal Singh Rana v. State of U.P., what did the Supreme Court determine regarding its power to suspend an advocate’s license if they are convicted of criminal contempt?

A) Only the Bar Council has the exclusive power to suspend a license; courts cannot intervene.

B) Constitutional courts possess inherent powers to suspend an advocate’s right to practice if the Bar Council fails to take appropriate disciplinary action.

C) A conviction for criminal contempt automatically results in permanent disbarment without a hearing.

D) The Advocate General must approve any suspension of a practicing lawyer.

Answer: B

Explanation: While the Bar Council has statutory disciplinary authority, it does not hold a complete monopoly if it remains passive against gross misconduct. When an advocate’s conduct (like intimidating a civil judge) inherently obstructs justice, higher courts can invoke their inherent jurisdiction to prevent the contemnor from appearing before them to protect the institution’s dignity.

Q.352: According to the guidelines in C. Ravichandran Iyer v. Justice A.M. Bhattacharjee, what is the appropriate procedure for a Bar Association when dealing with genuine grievances against a sitting Judge’s conduct?

A) Passing a formal resolution condemning the judge and releasing it to the press.

B) Initiating a boycott of that specific judge’s courtroom until they resign.

C) Following an ‘in-house procedure’ by first gathering materials and approaching the Chief Justice of the High Court.

D) Filing a criminal FIR against the judge at the local police station.

Answer: C

Explanation: The Supreme Court strongly condemned the practice of Bar Associations passing resolutions or engaging in public mudslinging against sitting judges, as it destroys the independence of the judiciary. Instead, verified materials should be discreetly presented to the Chief Justice, allowing the judiciary to self-correct internally.

Q.351: In Kaushal Kishore Awasthi v. Balwant Singh Thakur, the Supreme Court emphasized that to punish an advocate for “professional misconduct” under Section 35 of the Advocates Act, the act must:

A) Be related strictly to a financial dispute exceeding a specific monetary threshold.

B) Involve moral turpitude or be connected to their professional capacity, making them unfit to continue in the profession.

C) Have resulted in the loss of a client’s case.

D) Be reported directly by a sitting judicial magistrate.

Answer: B

Explanation: Misconduct is judged by the nature of the act. The Court ruled that purely private civil disputes do not amount to professional misconduct unless they reflect a fundamental flaw in character. For example, a personal property disagreement between an advocate and their neighbor isn’t professional misconduct unless the advocate uses their legal position unlawfully or commits an act of moral decay.

Q.350: In T.C. Mathai v. District & Sessions Judge, the central legal question was whether an individual holding a ‘Power of Attorney’ for a party can appear and plead in court like a lawyer. What did the Court rule?

A) Yes, a Power of Attorney grants absolute rights to perform all acts, including pleading in court.

B) No, the right to practice in courts is specifically reserved for enrolled advocates under Section 33 of the Advocates Act.

C) Yes, but only in civil disputes involving property.

D) No, unless the Power of Attorney holder has a law degree, even if unenrolled.

Answer: B

Explanation: While a Power of Attorney allows someone to “act” on behalf of another (like signing documents), “pleading” or arguing a case in court is a specialized statutory right granted exclusively to enrolled advocates. A court may conditionally allow a non-advocate to appear under Section 32 at its discretion, but it is not a right.

Q.349: In An Advocate v. Bar Council of India (1989), what underlying principle regarding disciplinary punishments did the Supreme Court emphasize?

A) Punishments should always be the maximum possible to create fear among lawyers.

B) The objective of punishment is not just retributive, but should be proportionate and reformative where possible.

C) Bar Councils have no power to suspend an advocate, only to issue warnings.

D) Once an advocate is suspended, they can never be reinstated under any circumstances.

Answer: B

Explanation: The Court warned against vindictive or excessively harsh punishments that destroy a professional career over a correctable error. The penalty must fit the gravity of the offense, allowing the advocate a chance to reform if the act did not involve severe moral turpitude.

Q.348: Returning to R.D. Saxena, why did the Supreme Court state that files entrusted to an advocate are not “goods” under the Contract Act?

A) Because paper has no intrinsic monetary value.

B) Because they are entrusted to the advocate for a specific public purpose—the administration of justice.

C) Because advocates are not legally considered bailees under any circumstances.

D) Because the Bar Council rules explicitly define them as “services.”

Answer: B

Explanation: The relationship between a lawyer and client regarding court documents transcends standard commercial transactions. Case files are necessary for the court to function and dispense justice; holding them back as “goods” thwarts the fundamental right of the litigant to access the courts.

Q.347: In Mahipal Singh Rana, the Court extensively discussed Section 24A of the Advocates Act. This section primarily serves to:

A) Regulate the dress code of advocates appearing before the Supreme Court.

B) Disqualify individuals convicted of an offense involving moral turpitude from being enrolled as advocates.

C) Set the minimum syllabus requirements for a recognized LLB degree.

D) Establish the guidelines for Senior Advocate designation.

Answer: B

Explanation: Section 24A acts as a gatekeeper. It strictly prohibits the enrollment (or the continuation on the state roll) of individuals who have been convicted of crimes involving moral decay, including severe criminal contempt that fundamentally undermines the justice system.

Q.346: In the context of P.D. Gupta v. Ram Murti, which broader ethical rule found in the BCI Rules (Part VI) is directly implicated?

A) An advocate shall not stand as a surety for their client.

B) An advocate shall not acquire a share or interest in an actionable claim.

C) An advocate must always wear bands and gowns during a hearing.

D) An advocate shall not communicate with opposing counsel without their client present.

Answer: B

Explanation: BCI Rules (Part VI, Chapter II) specifically forbid an advocate from purchasing or acquiring an interest in the property or actionable claim that is the subject matter of the litigation they are conducting. This ensures complete professional objectivity.

Q.345: According to Ex-Capt. Harish Uppal, what happens if a lawyer participates in an illegal strike and refuses to appear in court, causing their client’s case to be dismissed?

A) The lawyer’s license is automatically and permanently revoked.

B) The lawyer can be made liable to pay costs or damages to the client for the loss suffered.

C) The client must file a new case from scratch with waived court fees.

D) The Bar Association must compensate the client from its funds.

Answer: B

Explanation: Because striking is an illegal boycott of professional duties, an advocate who abandons their client to join a strike is committing professional misconduct and can be held personally accountable for the costs or damages the client incurs due to their non-appearance.

Q.344: What is the critical difference highlighted in D.P. Chadha between an advocate making a “tactical decision” during a trial versus “compromising” a suit?

A) Tactical decisions require a special fee, while compromises do not.

B) Tactical decisions (like dropping a witness) fall within the advocate’s implied authority, whereas ending a suit via compromise requires explicit client consent.

C) Tactical decisions can only be made by Senior Advocates.

D) There is no legal difference; both require written consent.

Answer: B

Explanation: While an advocate has the implied authority to manage the day-to-day conduct of a case based on their legal expertise, they do not have the implied authority to permanently alter the client’s substantive rights by settling or compromising the entire dispute without the client’s direct approval.

Q.343: In C. Ravichandran Iyer, why did the Supreme Court caution against public protests by Bar Associations against judges?

A) Because judges have constitutional immunity from all forms of criticism.

B) It creates a media trial, damages the institutional reputation of the judiciary, and compromises the judge’s ability to adjudicate fearlessly.

C) Because Bar Associations are not legally recognized entities.

D) It violates the Model Code of Conduct during election periods.

Answer: B

Explanation: The judiciary relies on public trust. If lawyers publicly humiliate judges, it erodes the common citizen’s faith in the justice system. The “in-house procedure” protects the institution while still addressing legitimate complaints of misbehavior.

Q.342: A client gives a blank cheque to their advocate to pay for court fees. A dispute arises, and the advocate later fills in a massive amount and tries to encash it for “legal fees,” leading to a criminal complaint. Under the principles of Kaushal Kishore Awasthi, would this be scrutinized by the Bar Council?

A) No, because it involves a negotiable instrument, which is purely a banking dispute.

B) Yes, because misusing an instrument entrusted to the advocate in their professional capacity to extract unagreed fees involves moral turpitude and misconduct.

C) No, advocates have a general lien over all client financial instruments.

D) Yes, but only if the bank dishonors the cheque.

Answer: B

Explanation: Even though it involves a financial instrument, the act of exploiting trust and misusing a cheque given in a professional capacity shows a severe lack of integrity. This brings it firmly under the purview of professional misconduct under Section 35.

Q.341: Which of the following best summarizes the overarching theme connecting R.D. Saxena, P.D. Gupta, and D.P. Chadha?

A) The necessity of legal advertising for advocates.

B) The strict rules regarding the dress code in appellate courts.

C) An advocate’s paramount duty is to the administration of justice, overriding personal financial interests and forbidding them from subverting the legal process.

D) The procedures for elevating High Court judges to the Supreme Court.

Answer: C

Explanation: Whether it is refusing to hold files ransom (R.D. Saxena), refraining from buying disputed property (P.D. Gupta), or ensuring genuine consent in a settlement (D.P. Chadha), the common thread is that a lawyer’s primary role is an officer of the court. They cannot use the litigation machinery to fulfill personal motives or commit fraud.

Q.340 Directions : This question consists of two statements, labelled as the assertion (A) and the other labelled as the reason (R). You are required to examine these two statements carefully and decide if the assertion (A) and reason (R) are individually true ? If so, whether the reason is the correct explanation of the assertion. Select your answer to these items using the code given below and mark your answer accordingly.

Assertion (A) : Every Bar Council is a body corporate.

Reason (R) : A body corporate is a separate legal entity distinct from its members.

Choose the correct option from below :

(A) Both (A) and (R) are true, and (R) is the correct explanation of (A)

(B) Both (A) and (R) are true, but (R) is not a correct explanation of (A)

(D) (A) is false, but (R) is true

Answer: (B) Both (A) and (R) are true, but (R) is not a correct explanation of (A)

Explanation: Under Section 5 of the Advocates Act, 1961, both the Bar Council of India and State Bar Councils are constituted as body corporates. Reason (R) correctly defines what a body corporate is, but it does not explain the legislative purpose behind making the Bar Council a body corporate. The actual reason for this designation is to grant the Bar Council the capacity to hold property, enter into contracts, and sue or be sued in its own name.

Q.339 What does an advocate’s right to practice under the Advocates Act, 1961 include ?

(A) The right to practice only in the Supreme Court of India

(B) The right to appear in any court, tribunal or authority throughout the territory of India

(D) The right to appear only in the court where they are registered

Answer: (B) The right to appear in any court, tribunal or authority throughout the territory of India

Explanation: This right is governed by Section 30 of the Advocates Act. It explicitly states that every advocate whose name is entered in the State roll shall be entitled as of right to practice throughout the territories to which the Act extends. This includes all courts, the Supreme Court, and before any tribunal or person legally authorized to take evidence.

Q.338 What does the principle of reciprocity under Section 47 of the Advocates Act, 1961, mean ?

(A) Indian advocates can practice in any foreign country, regardless of that country’s laws

(B) Foreign lawyers are allowed to practice in India without any regulations

(D) Foreign nationals can practice law in India only if Indian advocates are allowed to practice law in their country

Answer: (D) Foreign nationals can practice law in India only if Indian advocates are allowed to practice law in their country

Explanation: Section 47 outlines the rule of reciprocity. It mandates that if a foreign country prevents Indian citizens from practicing the profession of law within its borders, then subjects of that specific foreign country are strictly disqualified from practicing law in India.

Q.337 Which of the following best describes the provisions of Section 23 of the Advocates Act, 1961 ?

(A) Senior Advocates have a right of pre-audience over other advocates

(B) Section 23 gives right of pre-audience to any advocate, regardless of designation

(C) The right of pre-audience under Section 23 is determined solely by the date of an advocate’s enrolment and does not account for the designation of Senior Advocate

(D) None of the above

Answer: (A) Senior Advocates have a right of pre-audience over other advocates

Explanation: Section 23 establishes the hierarchy for the right of pre-audience in courts. It lists the order of precedence, starting with the Attorney General of India, followed by the Solicitor General, the Additional Solicitor General, the second Additional Solicitor General, and Advocate Generals of States. Immediately after these law officers, Senior Advocates are granted the right of pre-audience over all other advocates.

Q.330: A client finds that her case was dismissed for default months ago, but her Advocate continued to claim that it was pending. She filed a complaint for misleading her. What does this constitute?

Options:

(A) Mere negligence that does not amount to misconduct

(B) Serious professional misconduct for misleading the client

(D) Contempt of court

Answer: (B) Serious professional misconduct for misleading the client

Explanation: An advocate holds a fiduciary duty to their client. Actively lying about a case being pending when it has already been dismissed for default is a severe breach of trust and constitutes professional misconduct under the Advocates Act.

Q.329: An Advocate was engaged to file two writ petitions. He claimed they were filed through a High Court Advocate but could not provide any name or evidence. Upon confrontation, he threatened the client. What is the Advocate guilty of?

Options:

(A) Defamation

(B) Mere unprofessional behaviour

(D) Nothing, as client has no written proof of engagement

Answer: (C) Professional misconduct for negligence and intimidation

Explanation: Failing to file the petitions as agreed is negligence/dereliction of duty, and subsequently threatening the client when confronted aggravates the situation, making it a clear case of professional misconduct.

Q.328: A case is decided against an Advocate by the State Bar Council’s Disciplinary Committee, but the order is passed more than one year after the complaint was received. What is the legal status of the order?

Options:

(A) Order is valid as long as it is reasoned

(B) Order is void due to lapse of statutory time under Section 36B of the Advocates Act

(D) Time limit is directory, not mandatory

Answer: (B) Order is void due to lapse of statutory time under Section 36B of the Advocates Act

Explanation: Section 36B of the Advocates Act, 1961 mandates that the Disciplinary Committee of a State Bar Council must dispose of a complaint within one year. If it fails to do so, the proceedings automatically stand transferred to the Bar Council of India. Therefore, an order passed by the State Bar Council after this one-year period lacks jurisdiction and is void.

Q.327: A, an advocate, was retained by the testatrix, T, to draft a will. A made an entry to this effect in the register of wills maintained by A, and also gave a receipt to T. After the death of her husband, T hired another advocate B. B requested A to return the will. A denied having the will. Is A guilty of violation of the principle stated below?

Options:

(A) No, because A’s duties are owed solely towards T and not towards B

(B) Yes, because A is the bailee of the will and T is the head bailor, whereas B is the Sub-bailor

(C) No, because the wills, made by A himself, are his own property as long as it is in his possession. However, he should however, refund any money taken from T for drafting the same

(D) Yes, A’s act of not returning the will that was entrusted to A by T is an abuse of trust reposed in A by T

Answer: (D) Yes, A’s act of not returning the will that was entrusted to A by T is an abuse of trust reposed in A by T

Explanation: Documents entrusted to an advocate by a client are held in trust. Refusing to return them upon the client’s request (or the request of their newly appointed counsel) is a breach of this fiduciary duty and amounts to professional misconduct.

Q.326: Upon request by the client to return the case brief/records, whether an advocate can still retain the same to recover his unpaid portion of fees?

Options:

(A) Yes

(B) No

(D) None of these

Answer: (B) No

Explanation: The Supreme Court of India in R.D. Saxena v. Balram Prasad Sharma (2000) ruled that advocates do not have a lien over the litigation files/briefs of their clients for unpaid fees. The files must be returned so the client’s right to justice is not impeded.

Q.325: Section 44 confers the power of ………………… on the disciplinary committee of a Bar Council.

Options:

(A) Appeal

(B) Revision

(D) None of these

Answer: (C) Review

Explanation: Section 44 of the Advocates Act, 1961 specifically grants the Disciplinary Committee of a Bar Council the power to review its own orders within 60 days of the date of that order.

Q.324: Disqualification for Enrolment of an Advocate is dealt under which of the following Act?

Options:

(A) The Contempt of Courts Act, 1971

(B) The Code of Criminal Procedure, 1973

(D) None of the above

Answer: (D) None of the above

Explanation: Disqualification for the enrolment of an advocate is primarily dealt with under Section 24A of the Advocates Act, 1961, not the Contempt of Courts Act, CrPC, or IPC.

Q.323: Whether an Advocate after receiving fee from the client, refrain from filing the suit?

Options:

(A) No, because it will amount to professional misconduct by not rendering the service to the client if the fee has been paid

(B) Yes, advocate can

(D) None of the above

Answer: (A) No, because it will amount to professional misconduct by not rendering the service to the client if the fee has been paid

Explanation: Accepting a fee constitutes an agreement to perform the legal services. Failing to file the suit after taking the fee is a dereliction of professional duty and amounts to misconduct.

Q.322: Under which Section of the Advocates Act, 1961, does the concerned advocate get an opportunity of being heard by the disciplinary committee of a State Bar Council?

Options:

(A) Section 34

(B) Section 35

(D) None of these

Answer: (B) Section 35

Explanation: Section 35 of the Advocates Act deals with the punishment of advocates for misconduct. Subsection 35(3) specifically states that the disciplinary committee shall fix a date for the hearing and give notice to the advocate concerned to ensure they have an opportunity to be heard.

Q.321: Under Section 4 of the Advocates Act, 1961, the Bar Council of India shall consist of :

(i) One member elected by each State Bar Council from amongst its members

(ii) Chairman of each State Bar Council

(iii) Solicitor General of India

(iv) Attorney General of India

Choose the correct option from below:

Options:

(A) (iii) and (iv) only

(B) (i), (iii) and (iv) only

(D) All of the above

Answer: (B) (i), (iii) and (iv) only

Explanation: According to Section 4(1) of the Advocates Act, 1961, the Bar Council of India consists of the Attorney-General of India (ex officio), the Solicitor-General of India (ex officio), and one member elected by each State Bar Council from amongst its members. It does not include the Chairman of each State Bar Council.

Q.320 The Disciplinary Committee of a State Bar Council has the powers to pass the following order as punishment for misconduct:

(a) Suspend the advocate from practice for at least 2 years.

(b) Pass order of imprisonment for a term which may extend to six years.

(d) None of the above

Answer: (a)

Explanation: Under Section 35(3) of the Advocates Act, 1961, if the Disciplinary Committee of a State Bar Council finds an advocate guilty of professional or other misconduct, it is empowered to pass orders to reprimand the advocate, suspend the advocate from practice for such period as it may deem fit, or completely remove the name of the advocate from the State roll. It does not have the jurisdiction to impose criminal sentences like imprisonment or fines under this specific provision. (Note: While the Act grants the power to suspend for a period it deems fit rather than a mandatory minimum of 2 years, option ‘a’ is the only legally viable disciplinary action among the choices provided).

Q.319 ‘Right of advocates to practice’ is dealt under:

(a) Section 33 of Advocates Act, 1961

(b) Section 29 of Advocates Act, 1961

(d) Section 30 of Advocates Act, 1961

Answer: (d)

Explanation: Section 30 of the Advocates Act, 1961, explicitly guarantees the right of advocates to practice. It states that, subject to the provisions of the Act, every advocate whose name is entered in the State roll shall be entitled as of right to practice throughout the territories to which the Act extends, in all courts including the Supreme Court, before any tribunal, and before any other authority or person before whom such advocate is by or under any law entitled to practice.

Q.318 The complainant Tushaar and the respondent advocate Chaitanya entered into a compromise and have applied to the Disciplinary Committee of the State Bar Council to drop the proceedings.

(a) The Disciplinary Committee of the State Bar Council has the power to drop the proceedings because the disputing parties have compromised the matter.

(b) The Disciplinary Committee of the State Bar Council has no power to drop the proceedings once initiated on the ground that the parties have compromised.

(c) The Disciplinary Committee of the State Bar Council has the power to drop the proceedings, because the complainant, Tushaar, does not want to proceed.

(d) The Disciplinary Committee of the State Bar Council needs the permission of the Bar Council of India to drop the proceedings.

Answer: (b)

Explanation: Disciplinary proceedings against an advocate are not merely private civil disputes; they concern the integrity, dignity, and purity of the legal profession as a whole. Once disciplinary proceedings are validly initiated by the Bar Council upon finding a prima facie case, a private compromise or settlement between the complainant (Tushaar) and the advocate (Chaitanya) does not automatically compel or empower the Disciplinary Committee to drop the proceedings. The committee must still investigate the alleged ethical breach independent of the private settlement.

Q.317 An advocate has been found guilty of cheating his client. Could he be punished for his act under the Indian Penal Code, 1860 as well as for professional misconduct under the Advocates Act, 1961?

(a) No, it will amount to double jeopardy.

(b) No, IPC will prevail over Advocates Act.

(d) Both (a) and (b).

Answer: (c)

Explanation: An advocate can face both proceedings simultaneously. Punishments under the Advocates Act are disciplinary in nature (concerning the license and right to practice), whereas punishments under the Indian Penal Code (IPC) are criminal sanctions (concerning offenses against the state/society). Being penalized by the Bar Council does not bar criminal prosecution, nor does it violate the constitutional protection against double jeopardy under Article 20(2), because the prosecuting authorities, the nature of the proceedings, and the objectives of the punishments are entirely distinct.

Q.316 Under section 48A of the Advocates Act, 1961, the Bar Council of India enjoys the power of:

(a) Revision

(b) Review

(d) Reference

Answer: (a)

Explanation: Section 48A of the Advocates Act, 1961, explicitly vests the Bar Council of India with the power of revision. It allows the BCI, either on its own motion or otherwise, to call for the record of any proceeding disposed of by a State Bar Council or a Committee thereof (in which no appeal lies) to satisfy itself as to the legality or propriety of such disposal, and to pass such orders as it deems fit.

Q.315 Ayushh engaged Vipull to file a suit against balvinder for the recovery of money. balvinder agreed to settle the matter and send the disputed sum to Vipull in his office. Vipull could not inform Ayushh of the receipt of money immediately but informed him after ten days.

(a) Vipull has not violated the Bar Council Rules as he was immensely busy with other cases.

(b) Vipull has violated the Bar Council Rules as he did not inform Ayushh immediately of the receipt of money.

(d) Vipull has not violated the Bar Council Rules as the Courts were closed for summer vacation.

Answer: (b)

Explanation: Rule 27 of the Bar Council of India Rules (Standards of Professional Conduct and Etiquette) explicitly stipulates that an advocate must intimate their client as soon as possible about any sum of money received on their behalf. A delay of ten days without a legally valid or unavoidable excuse constitutes a violation of these professional fiduciary duties.

Q.314 The order passed by the Disciplinary Committee of the SBC beyond the period of limitation of 1 year envisaged under section 36B(1) of the Advocates Act, 1961 is:

(a) Valid

(b) Bad inasmuch as it is passed without any jurisdiction

(d) Final

Answer: (b)

Explanation: Under Section 36B(1) of the Advocates Act, 1961, the Disciplinary Committee of a State Bar Council must dispose of a complaint within one year. If it fails to do so, the statutory mandate dictates that the proceedings are automatically transferred to the Bar Council of India. Consequently, any order passed by the State Bar Council’s Disciplinary Committee after this one-year limitation period expires is bad in law, as the committee loses its jurisdiction over the matter entirely.

Q.313 Advocate Zishan obtained a licence for running a photocopy shop in his name. The shop is managed in partnership between him and his brother. Does it amount to professional misconduct?

(a) No, if he is not running the shop during the working hours of the Court.

(b) No, if he is not a beneficiary of the business.

(d) Yes, if he is the sleeping partner.

Answer: (c)

Explanation: According to Rule 47 of the Bar Council of India Rules (Standards of Professional Conduct and Etiquette), an advocate shall not personally engage in any business. While an advocate may be a sleeping partner in a firm (provided the State Bar Council determines the business nature is not inconsistent with the dignity of the profession), Advocate Zishan obtaining a commercial license in his own name implies an active, legal, and personal engagement in trade, which directly constitutes professional misconduct.

Q.312 Aneesha Chaudhary entered into an agreement for the purchase of a flat with an estate agent and also paid him some advance money, but the estate agent was not successful in getting the deal done, so Aneesha approached the respondent-advocate. Aneesha paid Rs. 5,000 to the respondent towards his fees, but before she could file the petition, she recovered the amount from the estate agent with the help of the police. The respondent deducted Rs. 3,000 on account of professional charges for effecting a compromise through the police and returned Rs. 2,000 to Aneesha. Aneesha filed a complaint against the respondent after 8 years. The respondent:

(a) Is guilty of professional misconduct and be debarred from practice for life-time.

(b) Is not guilty of professional misconduct as the complaint was time barred.

(d) Both (b) and (c)

Answer: (b)

Explanation: While the Advocates Act, 1961 does not expressly prescribe a strict statutory limitation period for filing a complaint of professional misconduct under Section 35, disciplinary committees and appellate courts heavily rely on the equitable doctrine of laches (unreasonable and unexplained delay). Filing a complaint after an inordinate delay of 8 years severely prejudices the advocate’s ability to properly defend themselves and often indicates that the complaint might be an afterthought or vexatious. Consequently, disciplinary bodies generally dismiss such heavily delayed complaints as being time-barred or vitiated by delay, relieving the advocate of the misconduct charge on procedural grounds.

Q.311: ‘X’, residing in the USA, engaged ‘Y’, an advocate, for filing a suit of ejectment against his tenant ‘T’ in India. After getting the suit filed, ‘X’ did not bother to find out the developments regarding his case. ‘Y’ tried to contact his client several times but failed. The suit continued for thirteen years. ‘Y’, on behalf of his client, then settled the matter and entered into a compromise with ‘T’. When ‘X’ returned to India after 4 months, he found that the matter had been settled between his tenant ‘T’ and ‘Y’ even though he had not authorized his advocate ‘Y’ to settle the matter. Choose the correct option:

(a) The advocate can settle even without the authorization of his client.

(b) It was the fault of ‘X’ that while being abroad, he never communicated with ‘Y’, nor gave any further clear instructions to ‘Y’.

(d) The advocate cannot be attributed with any professional misconduct.

Answer: (c)

Explanation: An advocate cannot settle a matter without explicit authorization from their client. The advocate-client relationship is strictly fiduciary in nature, meaning the advocate acts as an agent of the client and therefore requires express, explicit consent before entering into any binding settlement or compromise on the client’s behalf. Even if the client is unresponsive for an extended period, the advocate does not gain the unilateral right to compromise the suit.

Q.310: The function of a State Bar Council is not to:

(a) Admit persons as advocates on its roll

(b) Promote the growth of Bar Associations

(d) Safeguard the rights, privileges, and interests of advocates on its rolls

Answer: (c)

Explanation: Section 6 of the Advocates Act, 1961, outlines the statutory functions of a State Bar Council, which include admitting persons as advocates, promoting the growth of Bar Associations, and safeguarding advocates’ rights. However, the procedure to be followed by its disciplinary committee is governed by the rules made by the Bar Council of India under Section 49, not by the State Bar Council itself.

Q.309: An elected member of a Bar Council is disqualified if:

(a) He is declared by the Bar Council of which he is a member to have been absent without giving a sufficient excuse from five consecutive meetings of such Council.

(b) He has been suspended from practice for three years.

(d) He is disqualified under any rule made by the Bar Council of which he is a member.

Answer: (a)

Explanation: Section 10B of the Advocates Act, 1961, establishes the grounds for the disqualification of an elected member of a Bar Council. It stipulates that a member vacates their office if the Bar Council declares them to have been absent without a sufficient excuse from consecutive meetings, making option (a) the corresponding ground for disqualification as presented in the choices.

Q.308: A person cannot be enrolled as an advocate:

(i) If he is convicted of an offence involving moral turpitude and is dealt with under the Probation of Offenders Act, 1958.

(ii) If he is dismissed or removed from employment or office.

(a) Only (i) is correct

(b) Only (ii) is correct

(d) Neither (i) nor (ii) is correct

Answer: (d)

Explanation: Section 24A of the Advocates Act, 1961, governs disqualifications for enrolment. Crucially, Section 24A(2) explicitly states that disqualification due to a conviction does not apply if the person is dealt with under the Probation of Offenders Act, 1958. Additionally, dismissal from employment only acts as a disqualification if the dismissal was specifically on a charge involving moral turpitude, not just any general dismissal. Therefore, neither statement as broadly written constitutes an absolute ground for refusal.

Q.307: When the application of any person for admission as an advocate has been refused by a State Bar Council:

(i) The applicant cannot refer the application to the Bar Council of India for its opinion.

(ii) The applicant can apply to another State Bar Council, which could decide to accept or refuse such application.

(a) Only (i) is correct

(b) Only (ii) is correct

(d) Neither (i) nor (ii) is correct

Answer: (d)

Explanation: Section 27 of the Advocates Act, 1961, provides that if a State Bar Council refuses an applicant’s admission, no other State Bar Council can entertain their application without the prior written consent of the Bar Council of India. This means an applicant cannot simply apply to another State Bar Council at will, and the process of reviewing such refusals is closely regulated by the BCI.

Q.306: The disciplinary committee of the State Bar Council:

(a) Is bound by the procedure as laid down in the Code of Civil Procedure, 1908.

(b) Is bound by the procedure as laid down in the Code of Criminal Procedure, 1908.

(d) Is not bound by any procedure.

Answer: (a)

Explanation: Under Section 42 of the Advocates Act, 1961, the disciplinary committee of a Bar Council is vested with the same powers as a civil court under the Code of Civil Procedure, 1908. This includes the authority to summon and enforce attendance, require the discovery and production of documents, and receive evidence on affidavits, thereby binding them to CPC procedures for these specific matters.

Q.305: Since disciplinary proceedings are quasi-criminal in nature, the complainant must establish mens rea:

(a) Beyond reasonable doubt.

(b) On a preponderance of probabilities.

(d) By different standards of proof in different circumstances.

Answer: (b)

Explanation: While disciplinary proceedings are often considered quasi-criminal, the standard of proof is not “beyond a reasonable doubt” as required in a strict criminal trial. The burden of proof in professional disciplinary proceedings is generally based on a “preponderance of probabilities,” meaning the evidence must suggest it is more likely than not that the misconduct occurred.

Q.304: ‘A’ filed a case against ‘X’ for specific performance of a contract. ‘A’ entrusted his case to his advocate ‘V’ and handed over two files to him containing all relevant materials related to his case. When ‘A’ was not satisfied with ‘V’, he claimed both his files back. ‘V’ returned one of the files but could not trace the other file, so he could not return the second file. Choose the correct option:

(a) ‘V’ is not guilty of professional misconduct but is negligent.

(b) ‘V’ is guilty of professional misconduct as he was negligent.

(d) ‘V’ is not guilty at all.

Answer: (c)

Explanation: In the landmark case of R.D. Saxena v. Balram Prasad Sharma (Civil Appeal No. 1938 of 2000), the Hon’ble Supreme Court of India held that an advocate’s refusal or failure to return case files to a client upon demand amounts to professional misconduct under Section 35 of the Advocates Act, 1961. Advocates do not have a lien on client files for unpaid fees or other disputes.

Q.303: An advocate, after having accepted a brief from his client, shall not ordinarily withdraw from the engagement, but if he wishes to do so, then such withdrawal must be:

(i) With sufficient cause and notice given to his client.

(ii) With a refund of such part of the fee as has not been earned.

(iii) With intimation to the Bar Council.

(iv) With intimation to the Court.

(a) Only (i) and (ii) are correct

(b) Only (i), (ii), and (iii) are correct

(d) All of them are correct

Answer: (a)

Explanation: Rule 12 of the Bar Council of India Rules (Standards of Professional Conduct and Etiquette) dictates that an advocate shall not ordinarily withdraw from an accepted engagement without sufficient cause and without giving reasonable notice to the client. Furthermore, upon withdrawal, the advocate is strictly obligated to refund any portion of the fee that has not yet been earned.

Q.302: Non-reply by the advocate to the complainant, resulting in no substantial injury to the complainant, amounts to:

(a) Negligence

(b) Professional misconduct

(d) None of these

Answer: (b)

Explanation: Professional misconduct under Section 35 of the Advocates Act encompasses a wide range of ethical breaches. An advocate holds a fiduciary duty to communicate appropriately. Ignoring a complainant demonstrates a dereliction of professional duty and negligence of a degree that amounts to professional misconduct, regardless of whether it caused tangible financial or substantial injury.

Q.301 : A person who is not entitled to practice but still practices before any Court or other authority is punishable:

(a) With a fine of Rs. 2000

(b) With imprisonment for a term which may extend to six months

(d) With imprisonment for a term which may extend to six months or with a fine of Rs. 2000

Answer: (b)

Explanation: Section 45 of the Advocates Act, 1961, makes it a criminal offense for individuals to illegally practice law. Any person who practices in any Court or before any authority without being legally entitled to do so under the provisions of the Act is punishable with imprisonment for a term which may extend to six months.

300. Advocate Kereil more is supposed to respect and maintain the dignity of the Court, failing which it can amount to:

(a) Professional misconduct

(b) Contempt of Court

(d) Neither (a) nor (b)

Answer: (c) Both (a) and (b)

Explanation: Under the Advocates Act and the Bar Council of India (BCI) Rules, an advocate has a fundamental duty to maintain a respectful attitude towards the courts. Failing to do so breaches professional ethics (misconduct) and simultaneously undermines the court’s authority, amounting to contempt.

299. Whether any appeal lie from the order passed by the Disciplinary Committee of State Bar Council or the Disciplinary Committee of Bar Council of India against Advocate Devneet in the High Court?

(a) Yes

(b) No

(d) None of the above

Answer: (b) No

Explanation: Sections 37 and 38 of the Advocates Act outline the appellate hierarchy. An appeal from a State Bar Council’s Disciplinary Committee lies with the Bar Council of India. An appeal against the BCI’s Disciplinary Committee order lies directly with the Supreme Court, entirely bypassing the High Court.

298. Advocate puspaa takes up a civil case on the premise that she will charge 50% as her fee from the proceeds of that case. Whether she is liable to professional misconduct?

(a) Yes

(b) No

(d) None of the above

Answer: (a) Yes

Explanation: BCI Rules strictly prohibit advocates from stipulating a fee contingent on the results of litigation or agreeing to share the proceeds thereof. This is considered champerty and constitutes professional misconduct.

297. Whether a full-time law Teacher, Naresh Mahepaal, can practice before a Court of Law in India?

(a) Yes

(b) No

(d) None of the above

Answer: (b) No

Explanation: To prevent a conflict of interest and ensure absolute dedication to the profession, BCI Rules prohibit full-time salaried employees—including full-time academics—from simultaneously practicing as advocates.

296. While punishing Advocate Parsenjit parbhaat for Contempt of Court, High Courts/Supreme Court can also punish for professional misconduct simultaneously?

(a) Yes

(b) No

(d) None of the above

Answer: (b) No

Explanation: In the landmark case of Supreme Court Bar Association v. Union of India (1998), the Supreme Court held that the power to punish for Contempt of Court does not include the power to suspend or revoke an advocate’s license. Punishing for professional misconduct is the exclusive statutory domain of the Bar Councils.

295. Disciplinary Committee of the State Bar Councils/Bar Council of India is a:

(a) Judicial body

(b) Administrative body

(d) None of the above

Answer: (c) Quasi-Judicial body

Explanation: These committees are not traditional courts of law, but they possess powers similar to civil courts, such as summoning witnesses, examining evidence, and imposing penalties. This makes them quasi-judicial in nature.

294. Taking part time lecture in a law college by an advocate amounts to professional misconduct:

(a) True

(b) False

(d) None of the above

Answer: (b) False

Explanation: The BCI permits advocates to teach law as part-time lecturers, provided that the teaching hours do not exceed three hours a day and do not conflict with regular court timings.

293. Whether an advocate can advertise on billboards/hoardings in India?

(a) Yes

(b) No

(d) None of the above

Answer: (b) No

Explanation: Legal practice in India is considered a noble profession, not a commercial trade. BCI Rule 36 prohibits advocates from soliciting work or advertising their services directly or indirectly.

292. What kind of punishment which can be imposed by Disciplinary Committee of State Bar Councils/Bar Council of India?

(a) Reprimand

(b) Suspension of the licence

(d) All the above

Answer: (d) All the above

Explanation: Under Section 35 of the Advocates Act, 1961, if an advocate is found guilty of professional misconduct, the Disciplinary Committee has the authority to issue a reprimand, suspend practice for a specified period, or permanently remove the advocate’s name from the state roll.

291. Upon request by the client to return the case brief, whether an advocate can still retain the same to recover his fees?

(a) Yes

(b) No

(d) None of the above

Answer: (b) No

Explanation: The Supreme Court of India has ruled that an advocate cannot exercise a lien over the litigation files and case papers of a client for unpaid remuneration. The documents must be returned.

290. Non-adherence to the Code of Conduct prescribed by Bar Council of India amounts to:

(a) Professional misconduct

(b) Contempt of Court

(d) None of the above

Answer: (a) Professional misconduct

Explanation: The BCI rules set the ethical baseline for legal practice in India. Violating these statutory duties explicitly constitutes professional misconduct.

289. Whether any appeal lie from the order passed by the Disciplinary Committee of Bar Council of India in the Supreme Court of India?

(a) Yes

(b) No

(d) None of the above

Answer: (a) Yes

Explanation: Section 38 of the Advocates Act allows any person aggrieved by an order of the BCI’s Disciplinary Committee to prefer an appeal directly to the Supreme Court within 60 days.

288. Whether an advocate can take up a part time employment is in consonance with the legal profession as prescribed by State Bar Council.

(a) Yes

(b) No

(d) None of the above

Answer: (a) Yes

Explanation: An advocate is generally barred from engaging in other businesses, but they can take up part-time employment if the nature of the work is legally permissible, does not diminish the dignity of the profession, and is explicitly allowed by BCI/State Bar Council rules.

287. Whether the High Court/Supreme Court can punish for professional misconduct by an advocate as a Court of first instance?

(a) Yes

(b) No

(d) None of the above

Answer: (b) No

Explanation: Under the Advocates Act, the primary jurisdiction to investigate and punish professional misconduct lies exclusively with the Disciplinary Committees of the Bar Councils. The Supreme Court acts as an appellate authority, not the court of first instance.

286. Disciplinary Committee of the State Bar Councils/Bar Council of India consist of:

(a) Three members

(b) Two members

(d) Five members

Answer: (a) Three members

Explanation: Section 9 of the Advocates Act dictates that a Disciplinary Committee must comprise exactly three members: two elected from the Council’s own members and one co-opted advocate from outside.

285. Becoming a Non-Executive Director in a Private Limited Company by an advocate amount to violation of professional Code of Conduct:

(a) True

(b) False

(d) None of the above

Answer: (b) False

Explanation: Under BCI Rules (Chapter II, Part VI, Rule 48), an advocate is permitted to be a Director or Chairman of the Board of Directors of a company, provided that none of their duties are of an executive character.

284. Whether an advocate can appear before a Judge who is his Father-in-Law?

(a) Yes

(b) No

(d) None of the above

Answer: (b) No

Explanation: To maintain impartiality and prevent nepotism, Chapter II of the BCI Rules prevents an advocate from appearing, acting, or pleading before any court or tribunal if a sole judge or any member of the bench is a close relative, including a father-in-law.

283. Whether an advocate can accept a brief in a case in which he has reason to believe that he will be a witness?

(a) Yes

(b) No

(d) None of the above

Answer: (b) No

Explanation: An advocate cannot act as both counsel and witness in the same case. If they know they will be called upon to testify regarding material facts, accepting the brief creates a severe conflict of interest.

282. Can an advocate plead in a matter in which he is himself pecuniarily interested?

(a) Yes

(b) No

(d) None of the above

Answer: (b) No

Explanation: Rule 9 (Section II) of the BCI Rules prevents an advocate from acting or pleading in matters where they have a direct financial or pecuniary interest to ensure unbiased legal representation.

281. Whether an advocate can engage in a discussion about the subject of the dispute with the opposite party without consent of his advocate?

(a) Yes

(b) No

(d) None of the above

Answer: (b) No

Explanation: BCI Rule 34 explicitly states that an advocate shall not negotiate or communicate directly with any opposing party who is represented by counsel, except through that counsel, to ensure fairness in the proceedings.

Q. 280. A disciplinary proceeding against an Advocate before the Disciplinary Committee of a State Bar Council is:

(a) A civil proceeding, and the complainant must prove allegations beyond preponderance of probabilities.

(b) A criminal proceeding, and the complainant must prove charge(s) on a balance of probabilities.

(d) A conciliation proceeding, designed to lead a settlement between the parties.

Answer: (c)

Explanation: Disciplinary proceedings for professional misconduct are considered quasi-criminal because they can result in severe penal consequences, such as the suspension or removal of an advocate from the state roll. Therefore, the standard of proof requires strict proof of misconduct.

Q. 279. Mr. X is an Advocate. While appearing in a case for his client before Additional District Judge, Rohini Court, Delhi, Mr. X gets into heated argument with the Additional District Judge. During the heated argument, Mr. X threatens the Judge. Mr. X defends his action that the Judge was passing a wrong order and he was only trying to protect the rights of his client. The Act of Mr. X amounts to:

(a) Only Contempt of Court and not professional misconduct.

(b) Only Professional Misconduct and not contempt of Court.

(d) Neither professional misconduct nor contempt of Court as Mr. X was only trying to protect the interest of his client.

Answer: (c)

Explanation: Threatening a judicial officer lowers the authority of the court, amounting to Criminal Contempt. Simultaneously, it violates the Bar Council of India (BCI) Rules on Standards of Professional Conduct and Etiquette, which mandate that an advocate must maintain a respectful attitude towards the courts.

Q. 278. In a disciplinary proceedings against an Advocate for committing misconduct. Bar Council of Delhi punished an Advocate by suspending his license for 6 months. The grievances of the Advocate is that he cannot be punished as principles of natural justice were not followed. What remedies does the Advocate has against the order of Bar Council of Delhi:

(a) The only remedy available with the Advocate is to appeal against the suspension order before The Hon’ble Supreme Court of India under the provisions of The Advocates Act, 1961.

(b) The only remedy available with the Advocate is to appeal against the suspension order before Bar Council of India under the provisions of the Advocates Act, 1961.

(c) The only remedy available with the Advocate is to file a writ before Delhi High Court against Bar Council of Delhi under Article 226 of The Constitution of India.

(d) The Advocate has no remedy but to obey the suspension order passed by Bar Council of Delhi.

Answer: (b)

Explanation: Under Section 37 of the Advocates Act, 1961, any person aggrieved by an order of the disciplinary committee of a State Bar Council may prefer an appeal to the Bar Council of India within 60 days of the date of the communication of the order.

Q. 277. Singthung took advice from an Advocate Ms. Yazanee in relation to the institution of the suit for recovery of money against Mr. Limaka. However, the suit was filed and argued by another Advocate and the same was decided in favour of Mr. Singthung. Now, Mr. Limaka wants to file an appeal against this in the High Court and engaged Mr. Taimur to represent him before the High Court. Ms. Yazanee approached Mr. Limaka requesting him to engage her for filing appeal on his behalf intimating him that Mr. Singthung had taken her advice initially in relation to the above mentioned recovery suit. Whether this will amount to professional misconduct.

(a) No, this will not amount to professional misconduct since Ms. Yazanee is representing the opposite party in an appeal before the different court.

(b) No, this will not amount to professional misconduct since Ms. Yazanee had only advised in connection with the institution of the suit but did not file or argue the matter before the court.

(c) Yes, 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.

Answer: (c)

Explanation: Rule 33 of Section II (Duty to Client) of the BCI Rules strictly prohibits an advocate who has, at any time, advised a party in connection with the institution of a suit from acting, appearing, or pleading for the opposite party. Actively soliciting the brief from Mr. Limaka is also a violation.

Q. 276. Mr.Kushagara executed a vakalatnama in favour of two of the Partners of Singh & Singh Law Firm based in Delhi. Mr. Kushagara established that he had handed over the valuable document to the said two partners of the law firm who have withheld the same. In this case of professional misconduct:

(a) Singh & Singh Law Firm would be liable.

(b) All the partners would be vicariously liable.

(d) Liability will depend upon the evidence against the partners of the firm.

Answer: (c)

Explanation: Disciplinary action for professional misconduct is individual in nature. Accountability rests with the specific advocate(s) who signed the vakalatnama and actively committed the breach of duty, not vicariously upon the firm as a whole.

Q. 275. Rickki has engaged an Advocate, tannu tomar. Balvinder, Rickki’s father, asks tannu tomar to withdraw the suit filed by Rickki as the litigation is causing public embarrassment for the entire family. What should tannu tomar do?

(a) tannu tomar should withdraw the suit since the family reputation is at stake.

(b) Balvinder has a fiduciary relationship with Rickki, and tannu tomar would therefore be obliged to withdraw the suit for the benefit of the Rickki’s family on Balvinder’s instructions.

(d) tannu tomar has a professional obligation to act solely on the instructions of the client, Rickki, and should not withdraw the suit on Balvinder’s instructions.

Answer: (d)

Explanation: An advocate’s fiduciary and contractual duty is owed exclusively to the client who engaged them (Rickki). Acting on the instructions of a third party without the explicit consent of the client is a breach of professional ethics.

Q. 274. A State Bar Council (S.B.C.) received a complaint against an Advocate on 14 January 2021. S.B.C. referred the said complaint to the Disciplinary Committee (D.C.) on 18 January 2021. The D.C. issued notices to the parties on 19 February 2021. The date of hearing was fixed on 6 April 2021. The D.C. passed an order disposing of the said complaint under Section 35 of the Advocates Act, 1961 on 1 April 2022. The said order is:

(a) Valid, as it has been passed within one year from the date of hearing.

(b) Not valid, as it was passed without any jurisdiction.

(d) Not valid, as the complaint must be disposed of within six months.

Answer: (b)

Explanation: Under Section 36B(1) of the Advocates Act, 1961, the Disciplinary Committee of a State Bar Council must conclude proceedings within one year from the date of receipt of the complaint (14 Jan 2021). If not completed, the proceedings automatically stand transferred to the BCI. Since the order was passed on 1 April 2022, the State D.C. had lost jurisdiction, rendering the order invalid.

Q. 273. Rule 9 of the Bar Council of India Rules on Standards of Professional Conduct and Etiquette, which reads as under: ‘An Advocate should not act or plead in any manner in which he is himself pecuniarily interested’,…

(a) Prohibits an Advocate from appearing in a case in which he is a party, on his own behalf and on behalf of his own relation such as wife, children, etc.

(b) Does not prohibit an Advocate from appearing in a case in which he is a party, on his own behalf and on behalf of his own relation such as wife, children, etc.

(d) Does not prohibit to act in bankruptcy petition when he himself is also a creditor of the bankrupt.

Answer: (b)

Explanation: While the general rule prevents acting where there is a pecuniary interest, the proviso to Rule 9 explicitly states that this prohibition does not apply to the case of a member appearing for themselves or their relatives.

Q. 272. Lending of his name by an Advocate for opening for property dealing ship:

(a) Amounted to professional misconduct, the nature of business being inconsistent with the dignity of the profession.

(b) Does not amount to professional misconduct.

(d) Does not amount to professional misconduct as it’s his family business.

Answer: (a)

Explanation: Under the BCI Rules, an advocate cannot personally engage in any trade or business. Lending one’s name to a property dealing business is considered active involvement and is deemed inconsistent with the dignity of the legal profession.

Q. 271. Mr. X, an Advocate filed a suit on behalf of Pemma Ch. against Keshavananda (neighbour of Pemma Ch.) against the illegal encroachment and illegal construction being done by Keshavananda which was damaging the property of Pemma Ch. During the pendency of the suit, as Mr. X could not appear before Hon’ble Court on one date due to his personal difficulty, the suit was dismissed for non-prosecution. Upon getting to know of the order, Pemma Ch. immediately took away the case files from Mr. X and appointed another Advocate for restoring her said suit or injunction and for contesting the said suit on behalf of her. Pemma Ch. also simultaneously filed a complaint against Mr. X before Bar Council of Delhi. The defence of Mr. X was that Pemma Ch. withdrew the said suit from him before he could proceed for filing appropriate application for restoration of the case and that he could not appear before the court before of his family emergency. The complaint of Pemma Ch. was that Mr. X was negligent and hence should be punished. Which of the following is correct:

(a) Mr. X is liable to be punished for negligence in conducting the said civil suit.

(b) Mr. X is not liable to be punished as Mr. X’s reasons were genuine and bona fide and Pemma Ch. immediately withdrew the case from him before he could take any remedial action.

(d) Mr. X is not liable as he is free to appear/not appear for his client.

Answer: (b)

Explanation: A single instance of non-appearance due to a genuine personal difficulty does not necessarily amount to professional misconduct. Since the client withdrew the brief before the advocate could attempt to remedy the dismissal (like filing a restoration application), disciplinary bodies typically would not hold the advocate liable for gross negligence.

Q. 270. Disqualification for Enrolment of an Advocate is dealt under:

(a) The Contempt of Courts Act, 1971.

(b) The Code of Criminal Procedure, 1973.

(d) None of the above Acts.

Answer: (d)

Explanation: The disqualifications for the enrolment of an advocate are specifically provided under Section 24A of the Advocates Act, 1961, not the other statutes listed.

Q. 269. Which of the following is an incorrect statement?

(a) Any Advocate, seeking repeated adjournments for postponing examination of witnesses present in the Court does not amounts to misconduct.

(b) Advocate, writing a letter to his client to send money to bribe the Judge amounts to serious misconduct.

(c) The Advocates Act, 1961 deals with the rules for enrolment, disqualification of an Advocate and punishment for professional and other misconduct.

(d) Section 10 of the Contempt of Courts Act, 1971 grant power to the High Courts the power to punish for contempts of subordinate courts.

Answer: (a)

Explanation: Statement (a) is incorrect. The Supreme Court has repeatedly held that seeking unnecessary and repeated adjournments to postpone the examination of witnesses who are present in court constitutes an abuse of the judicial process and amounts to professional misconduct.

Q. 268. The Disciplinary Committee of State Bar Council can pass which of the following order as punishment in case of professional misconduct:

Suspends the Advocate from practice.
Impose fine.
Award compensation.
Reprimand the advocate.

(a) All of the above

(b) 1 and 4 are correct

(d) 1, 3 and 4 are correct

Answer: (b)

Explanation: Under Section 35(3) of the Advocates Act, if the Disciplinary Committee finds an advocate guilty of professional misconduct, it may reprimand the advocate, suspend them from practice, or remove their name from the state roll. The statute does not explicitly grant the power to impose punitive fines or award civil compensation as primary disciplinary actions under this specific section.

Q. 267. A complaint is made by an Advocate against Law Faculty of Delhi University to its Vice Chancellor, UGC, CBI and President of India in respect of its functioning and mismanagement. Which one of the following is the correct statement:

(a) Advocate is liable to be punished under section 35 of the Advocates Act, 1961 for ‘professional misconduct’.

(b) Advocate is liable to be punished under section 35 of the Advocates Act, 1961 for ‘other misconduct’.

(d) None of the above.

Answer: (c)

Explanation: Raising grievances or making complaints to lawful authorities regarding institutional mismanagement does not typically fall within the scope of “professional misconduct” under the Advocates Act, as it does not relate to the discharge of professional duties to a client or the court.

Q. 266. Ravit, an Advocate, received money on behalf of a client, Amarjeet. Ravit did not intimate Amarjeet of the receipt of money, but noted in his accounts that he had received money on behalf of Amarjeet and set aside the amount as his fees in full. On discovering that Ravit had received the money, Amarjeet demanded the money. Ravit assured Amarjeet that once the proceeding was over, Amarjeet would have had to pay Ravit fees anyway, and that he had already recorded in his accounts that his fees had been paid in full. In light of these facts, which of the following statements is the most accurate:

(a) Ravit had clearly fulfilled his duty by recording in the register that he has received Amarjeet’s money as fees.

(b) Ravit erred in setting aside Amarjeet’s money for fees without written permission.

(c) Ravit had fulfilled his duty by recording in the register that he had received Amarjeet’s money as fees, but should have handed over the money to Amarjeet on his demand.

(d) Ravit was entitled to his fees, and was within his rights to set aside the money as fees, as he noted in his accounts that his fees had been paid in full.

Answer: (b)

Explanation: Rule 26 of the BCI Rules requires an advocate to intimate the client as early as possible regarding the receipt of any money on their behalf. Furthermore, Rule 27 stipulates that an advocate cannot adjust their fees from the client’s money without the client’s consent or a prior agreement.

Q. 265. Abhinisan approached Mr. X ( an Advocate) for filing a suit for recovery ₹50 Lakhs on the basis of documents and dishonored cheques. The Advocate prepared the draft of plaint, however, Abhinisan did not pay the legal fees to Mr. X as the fees quoted by Mr. X was too exorbitant. As the legal fees was not paid, hence, Mr. X refused to file the said suit. Abhinisan demanded the return of his documents and dishonored cheques, however, Mr. X refused to return it till Abhinisan pays his legal fees. In such scenario, which if the following is correct:

(a) Mr. X cannot withhold the documents and dishonored cheques of Abhinisan for the reason of non-payment of his fees.

(b) Mr. X can withhold the documents and dishonored cheques till his legal fees is paid as he drafted the plaint.

(d) Mr. X was guilty for asking for exorbitant fees.

Answer: (a)

Explanation: The Supreme Court (e.g., in R.D. Saxena v. Balram Prasad Sharma) has firmly ruled that an advocate cannot exercise a lien over a client’s litigation files or documents for the realization of unpaid fees. Withholding documents is considered professional misconduct.

Q. 264. Misguiding the Court by deliberately filing a false case by an Advocate amounts to:

(a) Only Professional Misconduct under the Advocates Act, 1961.

(b) Only Criminal Contempt of Court under the Contempt of Courts Act, 1971.

(d) Civil Contempt of Court.

Correct Answer: (c)

Legal Explanation:

Criminal Contempt: Under Section 2(c) of the Contempt of Courts Act, 1971, any act that prejudices, obstructs, or interferes with the due course of any judicial proceeding, or the administration of justice, constitutes criminal contempt. Filing false affidavits or fabricated cases to deceive the judge falls squarely into this category.

Professional Misconduct: Under the Bar Council of India Rules (Section I: Duty to the Court), an advocate has a paramount obligation to maintain a respectful attitude toward the courts and not to mislead the court. Filing a deliberately false case is a gross violation of this duty, making the advocate liable for disciplinary action under Section 35 of the Advocates Act, 1961.

Q. 263. Leeyamugha, an Advocate, is also a executive director of a company. Can she accept brief from the company?

(a) No, because Leeyamugha knows the internal functions of the company.

(b) No, because an Advocate should not act or plead in a matter in which he is himself pecuniarily interested.

(d) Yes, because an Advocate cannot be stopped from representing her clients.

Answer: (b)

Explanation: Holding a position like Executive Director creates a deep pecuniary interest and employment relationship. BCI Rule 9 explicitly states an advocate should not act or plead in any matter in which they are pecuniarily interested.

Q. 262. An Advocate is not prohibited from:

(a) Personally engaging in business.

(b) Being the managing director of a company.

(d) Being a full-time salaried employee.

Answer: (c)

Explanation: BCI Rules strictly prohibit an advocate from personally engaging in business (Rule 47) and from serving as a Managing Director or Executive of a company (Rule 48). However, there is no prohibition against an advocate running for political office, provided it does not prevent them from maintaining their professional dignity.

Q. 261. Which of the following is wrongly matched?

(a) Advocate Act, 1961 – Grants power to BCI to frame rules and Standards for professional conduct of Advocates.

(b) Contempt of Court Act, 1971 – Defines and limits the powers of certain Courts for punishing contempt of Courts.

(d) Constitution of India – Grants Supreme Court of India and High Court the power to punish for contempt.

Answer: (c)

Explanation: The Indian Penal Code (IPC) deals with offenses against public justice but does not categorize or define “civil” and “criminal” contempt of court. These specific definitions and procedures are found in Section 2 of the Contempt of Courts Act, 1971.

Q.260. Disciplinary Proceedings being quasi criminal in nature, the complainant has to prove mens rea:

(a) Beyond Reasonable doubt

(b) On preponderance of probabilities

(d) Different standards of proof in different circumstances

Answer: (a) Beyond Reasonable doubt

Explanation: Disciplinary proceedings before the Bar Council can result in the suspension or revocation of an advocate’s license. Because these penalties are severe and punitive, the courts classify these proceedings as quasi-criminal. Therefore, the charge must be proven beyond a reasonable doubt, as established in Prahlad Saran Gupta v. Bar Council of India.

Q.259. Under section 24A of the Advocates Act, 1961, if a person is convicted of an offence involving moral turpitude he is disqualified from becoming an Advocate. But the disqualification for enrolment on grounds of moral turpitude shall cease to have effect:

(a) After two and a half years from his release or dismissal

(b) After two years from his release or dismissal

(d) After three years from his release or dismissal

Answer: (b) After two years from his release or dismissal

Explanation: Section 24A of the Advocates Act includes a specific statutory cooling-off period. The proviso expressly states that the disqualification ceases to have effect after a period of two years has elapsed since the person’s release from imprisonment or dismissal from service.

Q.258. An advocate shall not ordinarily withdraw from engagements, once accepted. However if he wishes to withdraw then such withdrawal must be accompanied with:

(a) Sufficient cause

(b) Reasonable and sufficient notice given to client

(d) All of the above

Answer: (d) All of the above

Explanation: Under Part VI, Chapter II, Section II (Duty to the Client), Rule 12 of the Bar Council of India Rules, an advocate cannot abandon a case arbitrarily. To withdraw ethically, they must have sufficient cause, give reasonable notice so the client isn’t left defenseless, and refund any unearned fees.

Q.257. Meaning of the phrase “Moral Turpitude”:

(a) depends on facts and circumstances of each case

(b) may mean doing an act contrary to justice, honesty and modesty and of wicked nature

(d) test applicable is whether the Advocate concerned is unworthy to remain a member of this profession

Answer: (a) depends on facts and circumstances of each case

Explanation: “Moral turpitude” is not rigidly defined in Indian statutes. While courts describe it as conduct that is inherently base or depraved (as seen in Pawan Kumar v. State of Haryana), there is no universal checklist. Courts must always analyze the specific facts, circumstances, and intent behind the act to determine if it crosses the threshold.

Q.256. Susmitaa Bhagat (the Complainant) had engaged Yanit Singh (the Respondent) for legal services and had paid him some amount towards fee and expenses. She had also signed a vakalatnama in his favour. Yanit Singh advised Sushmitaa Bhagat that she would be informed about the progress of the proceedings. But in spite of several reminders, Yanit Singh did not inform her about the progress in the matter. Records clearly showed that there was no intentional lapse on the part of Yanit Singh. Later, Yanit Singh refunded the entire amount to the client.

(a) The act of Yanit Singh was a wilful and callous disregard of the interest of the client

(b) The lapse of Yanit Singh should be condoned

(d) Yanit Singh should be suspended from practice for a period of 5 years.

Answer: (c) The punishment be reduced from suspension to reprimand

Explanation: Failing to keep a client informed is a breach of fiduciary duty and cannot be completely condoned. However, because Yanit Singh lacked mens rea (no intentional lapse) and demonstrated good faith by refunding the entire fee, a severe penalty like suspension is disproportionate. The Bar Council typically reduces the punishment to a formal reprimand in such mitigating circumstances.

Q.255. Persons illegally practicing in courts and before the authorities is to be punished:

(a) with fine of Rs. 2,000

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

(d) with imprisonment for a term which may extend to six months or with fine of Rs. 2,000

Answer: (b) with imprisonment for a term which may extend to six months

Explanation: Section 45 of the Advocates Act, 1961 explicitly states that any person illegally practicing in any court or before any authority shall be punishable with imprisonment for a term which may extend to six months.

Q.254. Kaniska Desval engages Harshh Yaadav (advocate) for filing a suit for recovery of money against Priyanshuoo Raja, who owed 10 lakhs to Kaniska Desval. Kaniska Desval then goes abroad and remains there without communicating anything to her advocate. Harshh Yaadav tries several times to communicate with Kaniska Desval but without any success. Thereafter, Harshh Yaadav, on behalf of his client, settles the matter with Priyanshoo Raj at 7 lakhs. Two months later, upon return from abroad, Kaniska Desval finds out that Harshh Yaadav already settled the case at a lower amount. She did not authorise her advocate to settle. Choose the correct option:

(a) In the above situation, the advocate can settle even without authorisation of his client.

(b) In the above situation, it was the fault of Kaniska Desval that while being abroad, she neither communicated with Harshh Yaadav, nor left any further clear instruction to Harshh Yaadav.

(d) In the above situation, the advocate cannot be attributed with any misconduct.

Answer: (c) In the above situation, the advocate cannot settle without authorisation of his client.

Explanation: Under the Bar Council of India Rules and Supreme Court precedent (Himalayan Coop. Group Housing Society v. Balwan Singh), an advocate has no implied authority to compromise or settle a case without the express consent of their client. Even if Kaniska Deswal was unreachable, Harsh Yadav’s duty was to seek an adjournment or withdraw, not to settle and waive her legal rights to the remaining 3 lakhs.

Q.253. Ananyya Saksena (Advocate) has been approached by the officers of X Private Limited to represent the company in a matter before a tribunal. Should X Private Limited get an unfavourable verdict in the case, it would have to pay a very big penalty to the authority concerned, and would even lose its license to provide the services on which its business is based. X Private Limited is the wholly owned subsidiary of Y Private Limited. Advocate Ananya Saksena is a Director of Y Private Limited. Choose the correct option:

(a) Ananyya Saksena can appear in the matter, since she does not have pecuniary interest in X Private Limited.

(b) Ananyya Saksena cannot appear in the matter, since she may be deemed an employee of X Private Limited by virtue of being director of Y Private Limited.

(c) Ananyya Saksena has a pecuniary interest in the matter, since X Private Limited is a wholly owned subsidiary of Y Private Limited, where she is a Director.

Answer: (c) Ananyya Saksena has a pecuniary interest in the matter, since X Private Limited is a wholly owned subsidiary of Y Private Limited, where she is a Director.

Explanation: Rule 9 of the BCI Rules bars an advocate from acting in a matter where they have a pecuniary (financial) interest. Because Y owns 100% of X, any massive loss suffered by X directly destroys the value of Y. As a Director of Y, Ananya Saksena has a vested financial interest in the outcome, creating a conflict of interest.

Q.252. Burden of proof in a complaint of misconduct against a lawyer lies on:

(a) the lawyer

(b) the complainant

(d) none of the above

Answer: (b) the complainant

Explanation: In disciplinary proceedings, the burden of proving the charge of misconduct rests initially on the person making the allegation. The Supreme Court in John D’Souza v. Edward Ani held that the charging party must establish a prima facie case before the burden shifts to the advocate to defend themselves.

Q.251. Anamikaa Krishnaa, an advocate, is the director of a company. Can she accept a brief from the company?

(a) No, because Anamikaa Krishnaa knows the internal functions of the company

(b) No, because an advocate should not act or plead in a matter in which she is herself pecuniarily interested

(d) Yes, because an Advocate cannot be stopped from representing her clients

Answer: (b) No, because an advocate should not act or plead in a matter in which she is herself pecuniarily interested

Explanation: This is a direct application of Rule 9 of the BCI Rules. Being a director means Anamikaa Krishna has a direct financial stake in the company. Accepting a brief from them compromises her independence as an officer of the court due to a conflict of interest.

Q.250. 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)

(d) S/he cannot withdraw without sufficient cause and reasonable and sufficient notice to the client

Answer: (d) S/he cannot withdraw without sufficient cause and reasonable and sufficient notice to the client

Explanation: Under Rule 12 of the BCI Rules, an advocate cannot arbitrarily drop a client. Withdrawal is only permitted if there is “sufficient cause” and the advocate has given “reasonable and sufficient notice” to ensure the client is not left unrepresented abruptly.

Q.249. Can an advocate be punished for the same act under the IPC and for professional misconduct under the Advocate Act?

(a) No, it will amount to double jeopardy.

(b) No, IPC will prevail over Advocates Act.

(c) Yes, because the advocate is punished by criminal court 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

Answer: (c) Yes, because the advocate is punished by criminal court under the IPC, but at the same time s/he is also guilty of professional misconduct under the Advocates Act.

Explanation: This does not violate double jeopardy because the jurisdictions and offenses are different. The criminal court punishes the act as a crime against society under the IPC, while the Bar Council punishes the breach of professional ethics under the Advocates Act. Both punishments can run concurrently.

Q.248. The professional conduct and etiquette of advocates are governed by:

(a) Rules framed by the Bar Council of India.

(b) The Advocates Act, 1961 and the Code of Civil Procedure, 1908.

(d) All of the above.

Answer: (d) All of the above.

Explanation: An advocate’s conduct is regulated by a combination of the Advocates Act (the primary statute), rules framed by the BCI and State Bar Councils (delegated legislation), High Court rules, and procedural duties outlined in codes like the CPC and CrPC.

Q.247. Which, among the following, an advocate is not prohibited from doing?

(a) Personally engaging in business.

(b) Being the Managing Director of a Company.

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

Answer: (c) Running for political office.

Explanation: The BCI Rules strictly prohibit advocates from engaging in business, being a Managing Director, or taking full-time salaried employment to maintain the dignity of the profession. However, democratic participation (running for political office) is not considered a conflicting employment or business.

Q.246. The case V.N. v. Bar Council of Maharashtra, 15(1&2) 1988 IBR 182 relates to:

(a) Working for Political Ideology and Conviction for Offence Involving Moral Turpitude

(b) Fictitious Compromise by Forging Documents

(d) Other Misconduct by Making Allegations Against Various Authorities

Answer: (a) Working for Political Ideology and Conviction for Offence Involving Moral Turpitude

Explanation: In this specific Disciplinary Committee case, the advocate was convicted of severe crimes like sedition and murder driven by extreme political ideologies. The Committee ruled that such convictions involve moral turpitude, disqualifying the individual from practicing law.

Q.245. ‘Right of advocates to practise’ is dealt under:

(a) section 33 of Advocates Act, 1961

(b) section 29 of Advocates Act, 1961

(d) section 39 of Advocates Act, 1961

Answer: (None of the options are perfectly accurate, but the book points to section 30).

Explanation: The specific heading for the “Right of advocates to practise” is found under Section 30 of the Advocates Act, 1961, which states advocates entered in the State roll are entitled as of right to practise. Option (d) in your book is a typo for Section 30.

Q.244. If the court fee is unpaid or deficit at the time of filing of petition:

(a) petition is dismissed

(b) cost is imposed

(d) time is given to deposit deficit court fee

Answer: (d) time is given to deposit deficit court fee

Explanation: Under Order VII Rule 11(c) of the Code of Civil Procedure, courts are lenient toward procedural defects like deficit court fees. The judge must grant the petitioner a specific amount of time to make up the deficiency before rejecting the plaint.

Q.243. Which of the following statements about the duties of advocates is incorrect?

(a) An advocate must never communicate or negotiate with an opposing party at all.

(b) An advocate must only communicate or negotiate with an opposing party regarding the controversy, through the counsel representing the opposing party.

(d) None of the above.

Answer: (Note: The book’s answer key incorrectly points to ‘b’. Statement ‘b’ is the CORRECT legal rule, making it the wrong answer to this question).

Explanation: Under Rule 34 of the BCI Rules, an advocate shall not communicate or negotiate upon the subject matter of controversy with any party represented by an advocate except through that advocate. Therefore, statement (b) is a true statement of duty.

Q.242. What is the time period to prefer an appeal to the Bar Council of India against an order of the Disciplinary Committee of a State Bar Council?

(a) within 30 days

(b) within 60 days

(d) within 1 year

Answer: (b) within 60 days

Explanation: Section 37 of the Advocates Act, 1961 provides a strict statutory timeline. Any person aggrieved by an order of the State Bar Council’s Disciplinary Committee has exactly 60 days from the date the order is communicated to them to file an appeal with the Bar Council of India.

Q.241. While punishing an advocate for Contempt of Court, High Courts/Supreme Court can also punish for professional misconduct simultaneously?

(a) Yes

(b) No

(d) None of the above

Answer: (b) No

Explanation: As clarified by the Supreme Court in cases like R. Muthukrishnan v. The Registrar General, contempt jurisdiction and disciplinary jurisdiction are separate. Courts can punish for contempt under the Constitution, but only the Bar Councils have the statutory authority under the Advocates Act to suspend or revoke a license for professional misconduct.

Q.240. 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/she is himself pecuniarily interested?
(a) Rule 11
(b) Rule 25
(c) Rule 9
(d) Rule 17

Answer: (c) Rule 9
Explanation: Rule 9 of Section II (Duty to the Client) in Chapter II of Part VI of the BCI Rules explicitly states that an advocate should not act or plead in any matter in which they have a pecuniary (financial) interest.

Q.239. 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

Answer: (c) Bar Council of India
Explanation: Section 7(1)(b) of the Advocates Act, 1961 outlines the statutory functions of the Bar Council of India, one of which is “to lay down standards of professional conduct and etiquette for advocates.”

Q.238. What is the limitation period envisaged under section 36B relating to the disposal of disciplinary proceedings by the Disciplinary Committee of the State Bar Council?
(a) Three years
(b) Two years
(c) One year
(d) Six months

Answer: (c) One year
Explanation: Section 36B(1) of the Advocates Act, 1961 mandates that the disciplinary committee of a State Bar Council must conclude proceedings within one year from the date of the receipt of the complaint.

Q.237. 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

Answer: (b) Rule 47
Explanation: Rule 47 restricts advocates from personally engaging in business but allows them to be a “sleeping partner” if the State Bar Council deems the business consistent with the dignity of the legal profession.

Q.236. 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) administrative proceedings
(c) departmental proceedings
(d) judicial proceedings

Answer: (d) judicial proceedings
Explanation: Section 42(2) of the Advocates Act, 1961 explicitly states 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 IPC.

Q.235. 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

Answer: (d) award compensation
Explanation: Section 35(3) of the Advocates Act grants the power to dismiss, reprimand, suspend, or remove an advocate from the roll. Awarding compensation is not a statutory power granted under this section.

Q.234. Mr. Amarr Treepathi took advice from an advocate Markanday Raj in relation to the institution of the suit for recovery of money against Mr. Yudhvirr Singh. However, the suit was filed and argued by another advocate Karteek Bahall and the same was decided in favour of Mr. Amarr Treepathi .Now, Mr. Yudhvirr Singh wants to file an appeal against this in the High Court and engaged Advocate Markanday Raj to represent him before the High Court. Advocate Markanday filed the appeal before the High Court on behalf of Mr. Yudhvir Singh. Whether this will amount to professional misconduct?
(a) No, this will not amount to professional misconduct since Advocate Markanday Raj is representing the opposite party in an appeal before the different court.
(b) No, this will not amount to professional misconduct since Advocate Markanday Raj had only advised in connection with the institution of the suit.
(c) Yes, this amounts 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.

Answer: (c) Yes, this amounts to professional misconduct.
Explanation: Under Rule 33 of Section II of the BCI Rules, an advocate who has advised a party in connection with the institution of a suit cannot later act, appear, or plead for the opposite party in the same matter or its appeal. This is a direct conflict of interest.

Q.233. 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
(d) Rule 33

Answer: (a) Rule 12
Explanation: Rule 12 establishes that once a brief is accepted, the advocate is bound to see it through unless there is a “sufficient cause” and reasonable notice is given to the client.

Q.232. 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

Answer: (d) None of the above
Explanation: As per Rule 11(3) of Chapter I, Part VIII of the BCI Rules, disciplinary proceedings concern the integrity of the legal profession. Therefore, an enquiry cannot be dropped simply because the parties compromised or the complainant withdrew.

Q.231. 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

Answer: (b) Two Years
Explanation: Section 24A dictates that disqualification due to a conviction involving moral turpitude ceases to have effect after a period of two years has elapsed since release from prison.

Q.230. What is the test to be applied in cases where an advocate Susrutaa is alleged to have committed an act which involves ‘moral turpitude’?
(a) Whether the Advocate Susrutaa is unworthy to remain a member of this profession.
(b) Whether the act shows a lack of essential honesty and integrity.
(c) Neither (a) nor (b)
(d) Both (a) and (b)

Answer: (d) Both (a) and (b)
Explanation: The test for moral turpitude involves assessing whether the conduct was so base or contrary to justice and honesty that it makes the individual completely unfit and unworthy to be trusted as an officer of the court.

Q.229. The Disciplinary Committee of Bar Council of Delhi suspended an Advocate Mr. Sachinn Baghel, for a period of six months. What is/are the option(s) available to Mr. Sachinn Baghel?

(a) Mr. Sachinn Baghel may prefer an appeal to the Bar Council of India.
(b) Mr. Sachinn Baghel 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).

Answer: (c) Both (a) and (b)
Explanation: Section 37 allows an appeal to the Bar Council of India, and Section 44 allows the State Bar Council’s Disciplinary Committee to review its own order.

Q.228. 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 Advocates Act, 1961.

Answer: (d) Date on which the State Bar Council refers the case for disposal to its disciplinary committee under section 35(1) of the Advocates Act, 1961.
Explanation: To standardize the one-year time limit for proceedings, Rule 17(2) clarifies the “date of receipt” is when the State Bar Council officially refers it to the Disciplinary Committee.

Q.227. According to the Bar Council of India, which 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.

(d) The complaint is ordinarily dismissed after hearing the complainant, as otherwise it will lead to unjustifiable prejudice to the respondent Advocate.

Answer: (a) The case stands transferred to the Bar Council of India.
Explanation: If the State Bar Council’s Disciplinary Committee fails to dispose of the complaint within the one-year period, it loses jurisdiction, and the case is automatically transferred to the BCI.

Q.226. Choose the correct statement regarding proceedings under both the IPC and the Advocates Act:
(a) It amounts to double jeopardy.
(b) There is no question of double jeopardy as the nature of two proceedings are different.
(c) Could be convicted either under IPC or found guilty under Advocates Act, 1961.
(d) None of the above.

Answer: (b) there is no question of double jeopardy as the nature of two proceedings are different.
Explanation: Criminal proceedings are penal, while Bar Council proceedings are disciplinary. Being punished under both for the same act does not violate the constitutional protection against double jeopardy.

Q.225. Choose 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.

Answer: (c) Advocate is only a mouth piece of his client and has no voice of his own.
Explanation: An advocate is an officer of the Court and must exercise independent professional judgment. They are not merely mouthpieces meant to blindly follow illegal or unethical client instructions.

Q.224. 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.

Answer: (b) Is quasi-criminal in nature.
Explanation: As established in An Advocate v. Bar Council of India (1989), disciplinary proceedings are quasi-criminal because a finding of guilt results in severe punitive consequences, requiring a higher standard of proof.

Q.223. Choose the correct statement:
(a) Section 24A of the Advocates Act is not applicable to an already enrolled advocate.
(b) The standard of proof in cases of Professional Misconduct is preponderance of probabilities.
(c) An advocate is not prohibited from appearing for his own relation such as wife or children.
(d) An advocate receiving money from the client for exercising personal influence over the judge does not amount to professional misconduct.

Answer: (c) An advocate is not prohibited from appearing for his own relation such as wife or children.
Explanation: While BCI Rules prohibit an advocate from appearing before a judge who is a close relative, there is no strict bar against representing a family member as a client, provided they are not acting as a material witness.

Q.222. Whether refusal to return documents by an advocate Shalinee on account of non-payment of fees amounts to professional misconduct?

(a) No, it will not amount to professional misconduct.
(b) It will amount to professional misconduct.
(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.

Answer: (c) It will amount to professional misconduct only when the non return of the documents will result into any loss or damage.
Explanation: For the purpose of this specific exam paper’s grading key, the text points to option (c), though landmark judgments like R.D. Saxena v. Balram Prasad Sharma establish that advocates generally have no lien over files for unpaid fees.

Q.221. Ms. Anamikka executed a vakalatnama in favour of two of the Partners of XYZ Law Firm based in Delhi. Ms. Anamikka 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 favour Vakalatnama was executed would be liable.
(d) Liability will depend upon the evidence against all the partners of the firm.

Answer: (c) Only the partners in whose favour Vakalatnama was executed would be liable.
Explanation: Professional misconduct under the Advocates Act relies on personal accountability. Disciplinary action is taken against the specific enrolled individuals who accepted the brief via the vakalatnama.

Q. 220. The disciplinary committee of the Bar Council:

(a) Is bound by the procedure laid down by Code of Civil Procedure, 1908.

(b) Is bound by the procedure laid down by Code of Criminal Procedure, 1973.

(d) Need not follow any of the above.

Ans: (c) Is bound to follow Principles of Natural Justice.

Explanation: While Section 42 of the Advocates Act, 1961 gives the Disciplinary Committee certain powers of a Civil Court (like summoning witnesses), they are not strictly bound by the technicalities of the CPC. However, they are mandatorily bound to follow the Principles of Natural Justice (Audi Alteram Partem), ensuring the advocate has a fair opportunity to defend themselves.

Q. 219. Whether an Advocate can accept a brief from a company in which he is a director?

(a) No, he cannot.

(b) Yes, he can.

(d) None of the above.

Ans: (a) No, he cannot.

Explanation: According to Rule 9, Chapter II, Part VI of the Bar Council of India Rules, an advocate is prohibited from appearing for a company if they are a member of its Board of Directors. This rule is designed to prevent a Conflict of Interest between the advocate’s duty as a director and their professional duty to the court.

Q. 218. Can an Advocate while practising as an advocate, be a sleeping partner 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 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 Council.

(d) None of the above.

Ans: (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 Council.

Explanation: Rule 47 of the BCI Rules allows an advocate to be a “sleeping partner” in a business. However, they must not actively manage the business, and the Bar Council must be satisfied that the business does not lower the dignity of the legal profession.

Q. 217. 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.

(b) Under section 44 of the Advocates Act, 1961, an order reviewed by the Disciplinary Committee of State Bar Council will be effective only after the approval of the Bar Council India.

(c) 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… such proceeding shall stand transferred to Bar Council of India.

(d) For summoning and enforcing the attendance of any person and examining him on Oath, under Section 42 of Advocates Act, 1961, the Disciplinary Committee of a Bar Council shall have same powers as are vested in a court under Code of Civil Procedure, 1908.

Ans: (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.

Explanation: Statement (a) is the incorrect one. While Section 24A lists bars to enrollment (like conviction for moral turpitude), these standards are continuous. If an advocate is convicted of such a crime after enrollment, their name can be removed from the roll under Section 35 (Disciplinary Powers).

Q. 216. 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 admission which includes continuance.

(d) None of the above.

Ans: (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.

Explanation: Professional misconduct usually requires an act involving moral turpitude (dishonesty, fraud, etc.). A traffic violation is a minor regulatory offense and does not impact an advocate’s fitness to practice law.

Q. 215. Y (Advocate) approaches X and guarantees him that he would get immediate relief from the court as he is very friendly with 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 as according to Y, it happens normally.

(c) Y’s promise does not amount to any professional misconduct as it was open to X to accept or reject Y’s offer, and X chose to accept the offer.

Ans: (a) Y’s promise amounts to professional misconduct.

Explanation: Rule 4 of the BCI Rules (Duty to the Court) prohibits advocates from using improper means to influence a court or claiming personal influence over a judge. Such a guarantee undermines the integrity of the judiciary.

Q. 214. If an Advocate is convicted for contempt of court and thereafter Disciplinary proceedings are also initiated against him for the said offences. Whether Disciplinary Proceedings are maintainable?

(a) No, because it would amount to Double Jeopardy.

(b) Yes, because both the proceedings are different in nature.

(d) None of the above.

Ans: (b) Yes, because both the proceedings are different in nature.

Explanation: Contempt proceedings are meant to protect the majesty of the court, whereas disciplinary proceedings protect the integrity of the profession. Because the nature and purpose are distinct, both can proceed without violating the rule against Double Jeopardy (Article 20(2)).

Q. 213. An advocate who has once accepted the brief and then wishes to withdraw must:

(a) Have sufficient cause.

(b) Have given sufficient notice.

(d) All of the above.

Ans: (d) All of the above.

Explanation: Under Rule 12, Chapter II, Part VI of the BCI Rules, an advocate cannot withdraw from an engagement unless they have sufficient cause, provide reasonable notice to the client, and refund the unearned portion of the fee.

Q. 212. X (Advocate) demanded that the client first clears his fees before asking for the return of the case documents. Such refusal by to return the case documents upon demand by the client:

(a) Did not amount to misconduct.

(b) Amounted to misconduct.

(d) Did not amount to misconduct if there are no mala fide on the part of advocate in not returning the documents of complainant.

Ans: (b) Amounted to misconduct.

Explanation: As established in R.D. Saxena v. Balram Prasad Sharma, an advocate does not have a lien over client documents for unpaid fees. The client’s right to their files is paramount so they may seek other legal help.

Q. 211. X (client) engages Y (advocate) to represent his case before the court but is not satisfied with his services. X discharges Y as his Advocate and then engages Z (Advocate) to represent him. However, X finds that before the court the other side is represented by Y. Choose the correct option:

(a) X cannot have any remedy against Y in such situation.

(b) X has hired another advocate to represent him before court, hence Y cannot be faulted if he represented the other side before court.

(d) Y cannot represent the other side.

Ans: (d) Y cannot represent the other side.

Explanation: Under Rule 33, an advocate who has represented a party cannot switch sides to represent the opponent in the same or a connected matter. This protects client confidentiality and the duty of loyalty.

Q. 210. The standard of proof required in a case of professional misconduct:

(a) Is beyond reasonable doubt.

(b) Is preponderance of probabilities.

(d) Is based on suspicion.

Ans: (a) Is beyond reasonable doubt.

Explanation: In Prahlad Saran Gupta v. Bar Council of India, the Supreme Court ruled that since disciplinary proceedings are quasi-criminal and can end a career, the standard of proof must be high—beyond reasonable doubt—rather than the civil standard of preponderance of probabilities.

Q. 209. The disciplinary Committee of State Bar Council does not have the power to pass following orders:

(a) Suspend the Advocate from practice.

(b) Award compensation to the complainant.

(d) Reprimand the Advocate.

Ans: (b) Award compensation to the complainant.

Explanation: Section 35(3) of the Advocates Act allows the DC to reprimand, suspend, or remove an advocate from the roll. It does not grant the power to award monetary compensation or damages to the complainant.

Q. 208. As per rule 17(2) of Part VII of Bar Council of India Rules, date of 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 is passed.

(d) Complainant makes first appearance.

Ans: (b) Resolution to refer the complaint to Disciplinary Committee is passed.

Explanation: The “initiation” of the proceeding officially begins when the State Bar Council passes a formal resolution determining that the matter should be referred to its Disciplinary Committee.

Q. 207. An advocate committed some professional misconduct. Complaint was filed… advocate filed a Memorandum of Understanding (Compromise) signed by him and the complainant/client:

(a) The DC has no option but to exonerate the lawyer of the charge of professional misconduct.

(b) The DC must continue with the disciplinary proceedings.

(d) None of the above.

Ans: (b) The DC must continue with the disciplinary proceedings.

Explanation: Professional misconduct is an offense against the legal profession and public interest. A private compromise between the lawyer and the client cannot stop the Bar Council from investigating and punishing ethical breaches.

Q. 206. That nature of proceedings in the cases of professional misconduct:

(a) Is criminal in nature.

(b) Is quasi-criminal in nature.

(d) Neither civil or criminal.

Ans: (b) Is quasi-criminal in nature.

Explanation: These proceedings are quasi-criminal because they involve a formal “charge” and can result in severe penalties (loss of license), similar to a criminal trial, but they are conducted by a professional body rather than a criminal court.

Q. 205. 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.

(d) Section 28.

Ans: (b) Section 49.

Explanation: Section 49(1)(c) of the Advocates Act specifically empowers the Bar Council of India to make rules regarding the standards of professional conduct and etiquette to be followed by advocates.

Q. 204. ABC entrusted his cases to a partner in the law firm in relation to recovery of money. However, it was found that the law firm has failed to account for the same. In this case who can be held guilty for professional misconduct:

(a) Law firm.

(b) All the partners in a firm.

(d) None of the above.

Ans: (c) Partner who signed on the vakalatnama.

Explanation: Professional misconduct is an individual ethical liability. While a firm may have civil liability, the specific advocate who actually represents the client (the one who signed the vakalatnama) is the person responsible to the Bar Council for accounting for client funds.

Q. 203. 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.

(d) None of the above.

Ans: (c) Automatically stands transferred to the Bar Council of India.

Explanation: Per Section 36B(1), the State Bar Council must conclude proceedings within one year. If it fails, the case is automatically transferred to the Bar Council of India (BCI) to ensure a timely resolution.

Q. 202. When an Advocate abuses another Advocate without any reason or justification and uses vulgar words, what is he guilty of

(a) Lowering the dignity of the legal profession

(b) Committing Professional Misconduct

(d) All of the above

Ans: (d) All of the above

Explanation: Using vulgar or abusive language toward a colleague is a direct violation of professional etiquette. It breaches the duty of courtesy owed to colleagues, constitutes professional misconduct, and brings the entire profession into disrepute.

Q. 201. If the Presiding Officer of the court make certain remarks in the judgment against an Advocate who represented the client before him. What should an Advocate do to get the remarks removed from the judgment?

(a) Issue Notice to the Presiding Officer under section 80 of CPC.

(b) File a suit against the Presiding Officer for damages.

(d) None of the above

Ans: (c) In the appeal filed by the client, seek expunging of the remarks.

Explanation: Judges are protected by the Judicial Officers Protection Act. An advocate cannot sue the judge. The correct remedy is to move the higher court (during an appeal or through a petition) to “expunge” the disparaging remarks from the record.

Q200. Under Section 11 of the Contempt of Courts Act, 1971, a High Court has the jurisdiction to inquire into or try a contempt of itself or of any court subordinate to it, even if:

A) The contempt is committed outside the territory of India

B) The contempt is alleged to have been committed outside its local limits

C) The contemnor is a foreign national residing abroad

D) The case involves a question of constitutional validity

Answer: B

Explanation: Section 11 of the Contempt of Courts Act, 1971 specifically empowers a High Court to try contempts committed outside its local jurisdiction, provided the person is within the territories of India.

Q199. According to Section 12(1) of the Contempt of Courts Act, 1971, the maximum punishment for contempt of court is simple imprisonment for a term extending to six months, or a fine extending to:

A) One thousand rupees

B) Two thousand rupees

C) Five thousand rupees

D) Ten thousand rupees

Answer: B

Explanation: Section 12(1) of the Contempt of Courts Act, 1971 sets the upper limit of the fine at two thousand rupees, in addition to or as an alternative to six months of simple imprisonment.

Q198. The proviso to Section 12(1) of the Contempt of Courts Act, 1971 states that an accused may be discharged or the punishment remitted on an apology being made to the:

A) State Government

B) Satisfaction of the court

C) Bar Council

D) Victim of the contempt

Answer: B

Explanation: The proviso to Section 12(1) of the Contempt of Courts Act, 1971 allows the court to remit punishment if a bona fide apology is offered and the court is satisfied with its sincerity.

Q197. Section 13(b) of the Contempt of Courts Act, 1971, introduced via amendment in 2006, allows the court to permit which of the following as a valid defense?

A) Ignorance of the order

B) Justification by truth if it is in public interest

C) Political necessity

D) Error of judgment by a lawyer

Answer: B

Explanation: Section 13(b) of the Contempt of Courts Act, 1971 stipulates that the court may permit truth as a valid defense if it finds that it is in the public interest and the request is bona fide.

Q196. Under Section 14(2) of the Contempt of Courts Act, 1971, when contempt is committed in the face of the Supreme Court or High Court, the person charged is entitled to:

A) An immediate acquittal if they apologize

B) Have the case tried by a Judge other than the Judge in whose presence the contempt was committed

C) A trial by a jury of their peers

D) Direct appeal to the President of India

Answer: B

Explanation: Section 14(2) of the Contempt of Courts Act, 1971 provides a procedural safeguard allowing the accused to request a transfer of the case to another Judge to ensure impartiality.

Q195. For criminal contempt cases under Section 15 of the Contempt of Courts Act, 1971, a motion by a private person (other than the Advocate-General) requires the written consent of:

A) The Chief Justice of the High Court

B) The Advocate-General or the Attorney-General/Solicitor-General

C) The Law Secretary of the State

D) The District Magistrate

Answer: B

Explanation: Section 15 of the Contempt of Courts Act, 1971 mandates the written consent of the top law officers to prevent the filing of frivolous or malicious criminal contempt petitions.

Q194. According to Section 16(1) of the Contempt of Courts Act, 1971, a judge, magistrate, or other person acting judicially shall be:

A) Immune from all contempt proceedings

B) Liable for contempt of his own court or of any other court

C) Subject only to departmental inquiry

D) Punishable only by the Supreme Court

Answer: B

Explanation: Section 16(1) of the Contempt of Courts Act, 1971 clarifies that judicial officers are not exempt from the law and can be held liable for contemptuous acts in their own or other courts.

Q193. Section 17 of the Contempt of Courts Act, 1971, requires that every notice of a motion or reference for criminal contempt must be served:

A) Through a public notice in a newspaper

B) Personally on the person charged, unless the court directs otherwise

C) To the person’s legal counsel only

D) By registered post without any attachments

Answer: B

Explanation: Section 17 of the Contempt of Courts Act, 1971 ensures that the accused is personally informed of the charges, accompanied by copies of the motion and supporting affidavits.

Q192. Under Section 18 of the Contempt of Courts Act, 1971, every case of criminal contempt under Section 15 shall be heard and determined by a Bench of:

A) A Single Judge

B) Not less than two Judges

C) Not less than three Judges

D) The full Bench of the High Court

Answer: B

Explanation: Section 18 of the Contempt of Courts Act, 1971 requires a minimum of two Judges (a Division Bench) to hear criminal contempt cases, highlighting the gravity of such proceedings.

Q191. Section 19(1)(a) of the Contempt of Courts Act, 1971 provides that where an order is passed by a single Judge of a High Court, an appeal shall lie to:

A) The Supreme Court directly

B) A Bench of not less than two Judges of the same High Court

C) The Governor of the State

D) The Bar Council of India

Answer: B

Explanation: Section 19(1)(a) of the Contempt of Courts Act, 1971 establishes an internal appellate mechanism within the High Court before the matter moves to the Supreme Court.

Q190. According to Section 19(4) of the Contempt of Courts Act, 1971, an appeal to the Supreme Court must be filed within a period of:

A) Thirty days

B) Sixty days

C) Ninety days

D) One hundred and twenty days

Answer: B

Explanation: Section 19(4) of the Contempt of Courts Act, 1971 sets a limitation period of sixty days for filing an appeal to the Supreme Court from an order of a High Court Bench.

Q189. Section 20 of the Contempt of Courts Act, 1971, stipulates that no court shall initiate any proceedings for contempt after the expiry of a period of:

A) Six months from the date of the alleged contempt

B) One year from the date on which the contempt is alleged to have been committed

C) Two years from the date of the act

D) Three years from the date of the order

Answer: B

Explanation: Section 20 of the Contempt of Courts Act, 1971 provides a strict one-year limitation for initiating contempt proceedings, after which the court’s power to punish under this Act lapses.

Q188. Under Section 21 of the Contempt of Courts Act, 1971, the provisions of this Act shall NOT apply in relation to:

A) The Supreme Court

B) Nyaya Panchayats or other village courts

C) Administrative Tribunals

D) Special Courts

Answer: B

Explanation: Section 21 of the Contempt of Courts Act, 1971 specifically excludes local village judicial bodies like Nyaya Panchayats from its regulatory framework.

Q187. Section 22 of the Contempt of Courts Act, 1971, declares that the provisions of this Act shall be:

A) In substitution of all other laws relating to contempt

B) In addition to, and not in derogation of, the provisions of any other law relating to contempt of courts

C) Subject to the provisions of the Indian Penal Code

D) Limited to civil proceedings only

Answer: B

Explanation: Section 22 of the Contempt of Courts Act, 1971 ensures that the Act works alongside other existing laws and constitutional powers rather than replacing them.

Q186. According to Section 23 of the Contempt of Courts Act, 1971, the power to make rules providing for any matter relating to its procedure is vested in:

A) The Central Government

B) The Supreme Court or any High Court

C) The Parliament

D) The Law Commission of India

Answer: B

Explanation: Section 23 of the Contempt of Courts Act, 1971 empowers the higher judiciary to frame their own procedural rules to govern how contempt cases are conducted.

Q185. According to Section 2(a) of the Contempt of Courts Act, 1971, “contempt of court” is defined as which of the following?

A) Civil contempt only

B) Criminal contempt only

C) Civil contempt or criminal contempt

D) Administrative misconduct

Answer: C

Explanation: Section 2(a) of the Contempt of Courts Act, 1971 provides the foundational definition, stating that “contempt of court” includes both civil and criminal categories.

Q184. Under Section 2(b) of the Contempt of Courts Act, 1971, “civil contempt” is specifically defined as:

A) Scandalizing the authority of the court

B) Willful disobedience to any judgment, decree, direction, order, writ, or other process of a court

C) Interfering with the administration of justice

D) Publishing biased reports of proceedings

Answer: B

Explanation: Section 2(b) of the Contempt of Courts Act, 1971 focuses on the “willful” failure to comply with court mandates or a willful breach of an undertaking given to a court.

Q183. Which section of the Contempt of Courts Act, 1971, defines “criminal contempt”?

A) Section 2(a)

B) Section 2(b)

C) Section 2(c)

D) Section 3

Answer: C

Explanation: Section 2(c) of the Contempt of Courts Act, 1971 defines criminal contempt as the publication of any matter or the doing of any other act which scandalizes, prejudices, or interferes with judicial proceedings.

Q182. Under Section 3 of the Contempt of Courts Act, 1971, a person is not guilty of contempt for “innocent publication” if they had no reasonable grounds for believing that:

A) The judge was biased

B) The proceeding was pending

C) The report was accurate

D) The court had jurisdiction

Answer: B

Explanation: Section 3 of the Contempt of Courts Act, 1971 provides a defense for those who publish matter without knowledge that the legal proceeding was “pending” at the time.

Q181. Section 4 of the Contempt of Courts Act, 1971, provides protection for publishing a report of a judicial proceeding, provided the report is:

A) Approved by the Registrar

B) Brief and concise

C) Fair and accurate

D) Published after the final verdict

Answer: C

Explanation: Section 4 of the Contempt of Courts Act, 1971 ensures transparency by protecting the publication of “fair and accurate” reports of any judicial proceeding.

Q180. Which section of the Contempt of Courts Act, 1971, protects “fair criticism” of the merits of a case that has been finally decided?

A) Section 3

B) Section 4

C) Section 5

D) Section 6

Answer: C

Explanation: Section 5 of the Contempt of Courts Act, 1971 allows for public critique of judicial acts, provided the criticism is fair and concerns the merits of a decided case.

Q179. According to Section 6 of the Contempt of Courts Act, 1971, a complaint made in good faith against a presiding officer of a subordinate court is not contempt if it is made to:

A) The local Police Station

B) The Media

C) The High Court or any other court to which the subordinate court is subject

D) The State Government

Answer: C

Explanation: Section 6 of the Contempt of Courts Act, 1971 creates a safe channel for legitimate grievances regarding lower court judges to be reported to higher judicial authorities.

Q178. Section 7 of the Contempt of Courts Act, 1971, clarifies the rules regarding the publication of information relating to:

A) Arrest warrants

B) Proceedings in chambers or in camera

C) Supreme Court guidelines

D) Legal aid services

Answer: B

Explanation: Section 7 of the Contempt of Courts Act, 1971 specifies that reporting on private proceedings is generally allowed unless it violates a specific law or an express order of the court.

Q177. Section 8 of the Contempt of Courts Act, 1971, is a “saving clause” which states that:

A) No person can be jailed for contempt

B) Other valid defenses available in contempt proceedings are not affected

C) The Act overrides the Constitution

D) High Courts lose their inherent powers

Answer: B

Explanation: Section 8 of the Contempt of Courts Act, 1971 ensures that statutory defenses do not limit any other defenses a person might have under other laws.

Q176. Which section of the Contempt of Courts Act, 1971, ensures that the Act shall not be construed as “enlarging the scope of contempt”?

A) Section 7

B) Section 8

C) Section 9

Answer: C

Explanation: Section 9 of the Contempt of Courts Act, 1971 is a restrictive clause preventing the Act from being interpreted in a way that creates new forms of contempt.

Q175. Section 10 of the Contempt of Courts Act, 1971, grants the High Court the power to punish contempts of:

A) Only itself

B) The Supreme Court

C) Courts subordinate to it

D) The Parliament

Answer: C

Explanation: Section 10 of the Contempt of Courts Act, 1971 establishes the supervisory jurisdiction of High Courts over lower courts within their territory.

Q174. Under the proviso to Section 10 of the Contempt of Courts Act, 1971, a High Court shall not take cognizance of a contempt of a subordinate court if:

A) The value of the suit is low

B) The contempt is an offense punishable under the Indian Penal Code

C) The contemnor is a senior citizen

D) The lawyer is absent

Answer: B

Explanation: The proviso to Section 10 of the Contempt of Courts Act, 1971 prevents High Courts from taking cognizance where the specific act is already punishable under the IPC.

Q173. The “willful breach of an undertaking given to a court” is categorized as civil contempt under which section?

A) Section 2(a)

B) Section 2(b)

C) Section 2(c)

D) Section 12

Answer: B

Explanation: Section 2(b) of the Contempt of Courts Act, 1971 explicitly includes the breach of an undertaking as a form of “civil contempt.”

Q172. If a publication “prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding,” it is criminal contempt under:

A) Section 2(c)(ii)

B) Section 3

C) Section 4

D) Section 5

Answer: A

Explanation: Section 2(c)(ii) of the Contempt of Courts Act, 1971 addresses acts that specifically target the trial process or the “due course” of legal proceedings.

Q171. Section 1 of the Contempt of Courts Act, 1971, provides for the:

A) Definitions of terms

B) Power of the Supreme Court

C) Short title and extent of the Act

D) Punishment for contempt

Answer: C

Explanation: Section 1 of the Contempt of Courts Act, 1971 states the official title of the Act and clarifies that it extends to the whole of India.

170. According to Part IV of the Bar Council of India Rules, what is the minimum percentage of marks required in the qualifying examination for admission into the LL.B. course for the General category?

A) 40%

B) 42%

C) 45%

D) 50%

Answer: C) 45%

Explanation (Rule Citation): Part IV, Chapter II, Rule 7 strictly mandates that the minimum marks in the qualifying examination for admission shall not be below 45% for general category applicants.

169. Which committee of the Bar Council of India is primarily responsible for recommending the recognition or de-recognition of a University’s law degree?

A) Executive Committee

B) Disciplinary Committee

C) Legal Education Committee

D) Bar Council Trust

Answer: C) Legal Education Committee

Explanation (Rule Citation): Part IV, Chapter I, Rule 2(xv) defines the Legal Education Committee (LEC), and Chapter III, Rule 18(b) empowers it to make recommendations to the BCI regarding the recognition of degrees.

168. According to BCI Rules Part IV, can a student enrolled in an LL.B. program simultaneously pursue another regular, full-time degree course?

A) Yes, if one is a morning shift and the other is an evening shift.

B) Yes, provided the Vice-Chancellor of the University grants special permission.

C) No, a student cannot simultaneously register for another regular degree program.

D) Yes, but only if the second degree is also related to the field of law.

Answer: C) No, a student cannot simultaneously register for another regular degree program.

Explanation (Rule Citation): Part IV, Chapter II, Rule 6 explicitly prohibits simultaneous dual degrees. It states that no student shall be allowed to simultaneously register for a law degree program with any other graduate or postgraduate course.

167. Under BCI Rules, how many ‘Compulsory Subjects’ are mandatory in a law degree program?

A) 15

B) 20

C) 24

D) 30

Answer: B) 20

Explanation (Rule Citation): Part IV, Schedule II, Part II, Rule 1(a) lists exactly 20 Compulsory Subjects (such as Jurisprudence, Constitutional Law, etc.) that must be taught in all recognized CLEs.

166. Which of the following is considered a ‘Clinical Course’ that is mandatory under the BCI Rules?

A) Law of Crimes

B) Professional Ethics & Professional Accounting System

C) Constitutional Law

D) Environmental Law

Answer: B) Professional Ethics & Professional Accounting System

Explanation (Rule Citation): Part IV, Schedule II, Part II, Rule 1(b) (Paper I) specifically designates “Professional Ethics & Professional Accounting System” as the first of the four mandatory clinical papers.

165. What is the minimum duration of the ‘Internship’ period required for a student in a 3-year unitary LL.B. program across the entire course duration?

A) 4 weeks

B) 8 weeks

C) 12 weeks

D) 20 weeks

Answer: C) 12 weeks

Explanation (Rule Citation): Part IV, Schedule II, Part III, Rule 25 states the minimum period of internship is 12 weeks for the Three-Year Course (and 20 weeks for the Five-Year integrated course).

164. According to the strict statutory text of the BCI Rules, a Center of Legal Education (CLE) must have a library with a minimum initial investment of how much for books (excluding reports/journals) for a single stream?

A) ₹50,000

B) ₹3,00,000

C) ₹5,00,000

D) ₹10,00,000

Answer: A) ₹50,000

Explanation (Rule Citation): Part IV, Schedule III, Rule 15 states that “To start with, a Law Library shall have… a minimum investment of Rs. 50,000 for the books” for one stream.

163. Which Schedule and Part of the BCI Rules outline the ‘Moot Court exercise and Internship’ as a clinical paper?

A) Schedule I, Part I

B) Schedule III, Rule 15

C) Schedule II, Part II & Part III

D) Schedule IV, Rule 2

Answer: C) Schedule II, Part II & Part III

Explanation (Rule Citation): Part IV, Schedule II, Part II (Paper IV) lists it as a clinical paper, and Schedule II, Part III, Rule 24 details the exact 100-mark assessment breakdown.

162. What is the teacher-student ratio required to be maintained by a Law College as per BCI Standards?

A) 1:20

B) 1:30

C) 1:40

D) 1:60

Answer: C) 1:40

Explanation (Rule Citation): Part IV, Schedule III, Rule 17 explicitly dictates that the teacher-student ratio in a law college shall be maintained at 1:40.

161. According to the BCI Rules, is a graduation degree obtained through Open and Distance Learning (ODL) mode valid for admission to the 3-year LL.B. course?

A) No, only regular, full-time degrees are valid.

B) Yes, but only if the distance degree is from a Central University.

C) Yes, provided the candidate obtained their foundational qualifications (10th and 12th) in the standard sequence prior to the degree.

D) Yes, distance degrees are valid even if obtained directly without prior 10th and 12th qualifications.

Answer: C) Yes, provided the candidate obtained their foundational qualifications (10th and 12th) in the standard sequence prior to the degree.

Explanation (Rule Citation): Part IV, Chapter II, Rule 5 (Explanation & Proviso) states distance degrees are recognized, provided the applicant did not bypass the basic foundational 10+2 educational sequence to get that distance degree.

160. What is the minimum number of weeks of academic classes required per semester for a 3-year unitary LL.B. course?

A) 12 weeks

B) 15 weeks

C) 18 weeks

D) 20 weeks

Answer: B) 15 weeks

Explanation (Rule Citation): Part IV, Chapter II, Rule 10 mandates that the semester system shall have “not less than 15 weeks for unitary degree and 18 weeks in double degree integrated course”.

159. In the 5-year integrated LL.B. course, how many ‘Honours’ papers must a student take if the university offers an Honours degree?

A) 4

B) 6

C) 8

D) 10

Answer: C) 8

Explanation (Rule Citation): Part IV, Chapter II, Rule 4 requires an Honours student to pass 36 papers in total, which must include exactly 8 specialized “Honours” papers.

158. Who is the ex-officio member of the Legal Education Committee of the Bar Council of India?

A) The Chief Justice of India

B) The Union Law Minister

C) The Chairman of the Bar Council of India

D) The Attorney General of India

Answer: C) The Chairman of the Bar Council of India

Explanation (Rule Citation): Mandated by Section 10(2)(b) of the Advocates Act, 1961 and reflected in BCI rules, the Chairman of the BCI serves as an ex-officio member to oversee the LEC.

157. What is the minimum attendance requirement for a student to be eligible to appear in the end-semester examination?

A) 60%

B) 70%

C) 75%

D) 80%

Answer: B) 70%

Explanation (Rule Citation): Part IV, Chapter II, Rule 12 dictates that no student shall be permitted to take the end-semester exam if they haven’t attended at least 70% of the classes held.

156. Which of these is NOT one of the groups from which ‘Elective’ subjects can be chosen in the LL.B. curriculum?

A) Constitutional Law Group

B) Business Law Group

C) Criminal Law Group

D) Astrology and Law Group

Answer: D) Astrology and Law Group

Explanation (Rule Citation): Part IV, Schedule II, Part II provides exhaustive lists of recognized elective groups. Astrology is not a recognized professional grouping.

155. The inspection of a law college by the BCI is usually conducted by a team consisting of how many members?

A) 1

B) At least 2

C) Exactly 5

D) 10

Answer: B) At least 2

Explanation (Rule Citation): Part IV, Chapter III, Rule 19 dictates the formation of an inspection team, which typically requires a minimum of two members (usually an academician and a Bar member).

154. Under BCI rules, every Law College must have a ‘Moot Court Hall’ to facilitate practical training. This is part of:

A) Faculty Requirements

B) Infrastructure Requirements

C) Library Requirements

D) Financial Requirements

Answer: B) Infrastructure Requirements

Explanation (Rule Citation): Part IV, Schedule III, Rule 1 & Rule 3 classify the Moot Court Hall as an essential component of the physical infrastructure of a CLE.

153. Which BCI Schedule contains the explicit lists of all ‘Compulsory, Clinical, and Elective Subjects’?

A) Schedule I

B) Schedule II

C) Schedule III

D) Schedule IV

Answer: B) Schedule II

Explanation (Rule Citation): Part IV, Schedule II is entirely dedicated to “Academic standards and Courses to be studied”, containing the definitive lists of all subjects.

152. What is the maximum number of students allowed in a single ‘Section’ of a law class as per BCI Rules?

A) 40

B) 50

C) 60

D) 100

Answer: C) 60

Explanation (Rule Citation): Part IV, Chapter II, Rule 11 strictly states: “There shall be no more than 60 students in one section.”

151. In the context of BCI Rules, what does ‘CLE’ stand for?

A) Council for Legal Education

B) Center of Legal Excellence

C) Centre of Legal Education

D) Committee for Legal Ethics

Answer: C) Centre of Legal Education

Explanation (Rule Citation): Part IV, Chapter I, Rule 2(iv) formally defines “Centres of Legal Education” (CLE) as all approved departments of law, colleges, and recognized schools of law.

150. Is a law degree obtained through ‘Correspondence’ or ‘Distance’ mode recognized for enrollment as an advocate?

A) Yes, if the university is recognized

B) No, it is not recognized for enrollment

C) Yes, but only for the 3-year course

D) Yes, if the candidate has 10 years experience

Answer: B) No, it is not recognized for enrollment

Explanation (Rule Citation): Part IV, Chapter I, Rule 2(iv) and Chapter II, Rule 5 declare that institutions conducting correspondence or distance law courses shall not be approved, and such law degrees do not qualify a person for enrollment.

149. What is the minimum qualifying mark for SC/ST category candidates for admission to the LL.B. course?

A) 35%

B) 40%

C) 45%

D) 50%

Answer: B) 40%

Explanation (Rule Citation): Part IV, Chapter II, Rule 7 (Proviso) grants a relaxation to SC/ST candidates, lowering their qualifying admission requirement to 40%. (OBC candidates require 42%).

148. Which subject is included in the four mandatory clinical papers along with ‘Moot Court’?

A) Drafting, Pleading and Conveyance

B) Intellectual Property Rights

C) Public International Law

D) Jurisprudence

Answer: A) Drafting, Pleading and Conveyance

Explanation (Rule Citation): Part IV, Schedule II, Part II, Rule 1(b) (Paper III) designates “Drafting, Pleading and Conveyance” as a mandatory clinical paper.

147. As per BCI Rules, the ‘Full-time’ core faculty of a law college must be paid at least which scale?

A) State Government Scale

B) UGC Scale

C) Minimum Wage Scale

D) Consolidated Pay fixed by the Management

Answer: B) UGC Scale

Explanation (Rule Citation): Part IV, Schedule III, Rule 22 dictates that the core faculty must be paid strictly in accordance with University Grants Commission (UGC) pay scales.

146. What is the minimum ‘Endowment Fund’ required to be maintained in a Bank by a general category Center of Legal Education?

A) ₹2 Lakhs

B) ₹5 Lakhs

C) ₹10 Lakhs

D) ₹20 Lakhs

Answer: C) ₹10 Lakhs

Explanation (Rule Citation): Part IV, Schedule III, Rule 14 mandates that institutions (other than those run by the Government) must have a minimum Endowment Fund of ₹10 lakhs (₹5 lakhs for institutions specifically for SC/ST).

145. Which of the following bodies must a Law College be affiliated with before it can seek BCI approval?

A) High Court

B) A recognized University

C) State Bar Council

D) Ministry of Education

Answer: B) A recognized University

Explanation (Rule Citation): Part IV, Chapter III, Rule 16(1) mandates that any proposed CLE must first seek and obtain affiliation from a recognized University authorized to grant degrees.

144. Under BCI rules, what is the minimum number of total class-hours per week required for a law degree course?

A) 20 class-hours

B) 24 class-hours

C) 30 class-hours

D) 40 class-hours

Answer: C) 30 class-hours

Explanation (Rule Citation): Part IV, Chapter II, Rule 10 requires not less than 30 class-hours per week (which includes tutorials, moot room exercises, and seminars), provided there are at least 24 actual lecture hours.

143. According to BCI Rules, what is the required workload for a Core Faculty Member in a Law College?

A) 20 hours per week

B) 24 hours per week

C) 30 hours per week

D) 40 hours per week

Answer: D) 40 hours per week

Explanation (Rule Citation): Part IV, Schedule III, Rule 20 states that a Core Faculty Member shall have 40 hours per week of workload, out of which at least 24 hours shall be assigned strictly to teaching.

142. Which clinical paper involves ‘Alternate Dispute Resolution’ (ADR)?

A) Clinical Paper I

B) Clinical Paper II

C) Clinical Paper III

D) Clinical Paper IV

Answer: B) Clinical Paper II

Explanation (Rule Citation): Part IV, Schedule II, Part II, Rule 1(b) (Paper II) classifies Alternate Dispute Resolution as the second mandatory clinical training paper.

141. When a University starts a new Law Department, it must give notice of its intention to the BCI at least how many months before starting?

A) 1 month

B) 3 months

C) 6 months

D) 12 months

Answer: C) 6 months

Explanation (Rule Citation): Part IV, Chapter III, Rule 16(1) specifically states that a University must apply/inform the BCI of its intention to start a new CLE at least 6 months in advance.

140. Under Part VI, Chapter II, Rule 45 of the Bar Council of India Rules, what is the ethical duty of an advocate regarding imparting training to juniors?

A) An advocate must charge a fixed premium prescribed by the BCI

B) An advocate is strictly prohibited from imparting training to more than two juniors

C) It is improper for an advocate to demand or accept a fee or premium for imparting training

D) An advocate must share 50% of their fees with the junior

Answer: C

Explanation: Rule 45 of Part VI strictly prohibits the commercialization of mentorship. It is considered improper professional conduct to demand any fee or premium from a junior in exchange for imparting legal training.

139. Rule 46 of Part VI of the BCI Rules deals with an advocate’s duty to render legal aid. According to this rule, free legal assistance to the indigent and oppressed is considered:

A) An optional charitable act that an advocate may do if directed by the court

B) One of the highest obligations an advocate owes to society

C) A breach of professional etiquette as it undercuts standard fees

D) A duty reserved only for Senior Advocates

Answer: B

Explanation: Rule 46 states that anyone genuinely in need of a lawyer is entitled to legal assistance, and providing free legal aid to the indigent is one of the highest obligations of an advocate under Part VI.

138. According to Part VI, Rule 47 of the BCI Rules regarding restrictions on employment, an advocate is:

A) Permitted to personally engage in any business to supplement their income

B) Prohibited from being a sleeping partner in any business firm

C) Prohibited from personally engaging in any business, but may be a sleeping partner

D) Permitted to run a business as long as it is registered outside the state of practice

Answer: C

Explanation: Rule 47 establishes that while an advocate cannot personally engage in business, they may be a “sleeping partner” in a firm, provided the State Bar Council does not find the business inconsistent with the dignity of the profession.

137. Under Part VI, Rule 48 of the BCI Rules, an advocate may be a Director or Chairman of the Board of Directors of a company, provided that:

A) The company is engaged solely in legal consultancy

B) None of their duties are of an executive character

C) They do not draw any sitting fee

D) They hold more than 50% of the company’s shares

Answer: B

Explanation: Rule 48 allows an advocate to sit on a Board of Directors (with or without a sitting fee) as long as they do not take on any executive, managerial duties that would distract from their full-time legal practice.

136. Which specific corporate positions is an advocate explicitly restricted from holding under Part VI, Rule 48 of the BCI Rules?

A) Independent Director

B) Chairman of the Board without executive duties

C) Managing Director or Secretary of any company

D) Legal Advisor

Answer: C

Explanation: Because the roles of Managing Director and Company Secretary are full-time, executive-natured responsibilities, Part VI, Rule 48 expressly prohibits advocates from holding these titles.

135. According to Part VI, Rule 49 of the BCI Rules, what must an advocate do if they take up full-time employment with a person, government, firm, or corporation?

A) Practice law only on weekends and public holidays

B) Pay a special retention fee to the State Bar Council

C) Intimate the Bar Council and cease to practice as long as they are in such employment

D) Limit their practice exclusively to the Supreme Court

Answer: C

Explanation: Rule 49 prohibits full-time salaried employment. Upon taking such employment, the advocate must inform the Bar Council, and their right to practice is suspended for the duration of the employment.

134. Under Part VI, Rule 50 of the BCI Rules, if an advocate inherits a family business or succeeds to it by survivorship, what is the rule regarding their participation?

A) They must sell their share in the business within 6 months

B) They may continue to hold a share, but may not personally participate in the management thereof

C) They can actively manage the business as long as it doesn’t conflict with court hours

D) They must surrender their advocate license immediately

Answer: B

Explanation: Rule 50 allows an advocate to retain inherited business interests (holding a share), but to preserve professional dignity, they are barred from actively managing or running the business.

133. Part VI, Rule 51 of the BCI Rules allows an advocate to engage in certain academic and related activities. Which of the following is NOT permitted under this rule?

A) Reviewing Parliamentary Bills for remuneration

B) Editing legal textbooks at a salary

C) Coaching pupils for legal examinations

D) Running a full-time, salaried commercial retail business

Answer: D

Explanation: Rule 51 lists exceptions for academic and quasi-legal work (like teaching, editing, and coaching). Running a commercial retail business falls completely outside these academic exceptions and violates the business restrictions.

132. Can an advocate accept part-time employment under Part VI, Rule 52 of the BCI Rules?

A) No, part-time employment is strictly prohibited for all advocates

B) Yes, but only teaching jobs are allowed as part-time employment

C) Yes, after obtaining the consent of the State Bar Council, provided it doesn’t conflict with professional work

D) Yes, an advocate can take up any part-time employment without needing anyone’s consent

Answer: C

Explanation: Rule 52 provides flexibility for part-time employment, but it requires the explicit consent of the State Bar Council, which must ensure the job is consistent with the dignity of the legal profession.

131. Under Part VI, Chapter II of the BCI Rules, the rules relating to “Restriction on other Employments” (Rules 47-52) are grouped under which Section?

A) Section I

B) Section IV

C) Section VI

D) Section VII

Answer: D

Explanation: Chapter II of Part VI (Standards of Professional Conduct and Etiquette) is divided into sections. Section VII specifically contains the rules (47 to 52) dealing with restrictions on other employments.

130. Part VI, Rule 46 of the BCI Rules mandates free legal assistance to the indigent. What practical limitation is explicitly mentioned in the text of the rule regarding this duty?

A) It is subject to the permission of the opponent’s counsel

B) It applies only to criminal cases, not civil suits

C) It is subject to the limits of an Advocate’s economic condition

D) It is only required if the advocate has been practicing for more than 10 years

Answer: C

Explanation: While establishing a high moral duty to help the poor, Rule 46 pragmatically notes that this free legal assistance is to be provided “within the limits of an Advocate’s economic condition.”

129. According to Part VI, Rule 47 of the BCI Rules, an advocate may be a sleeping partner in a business. Who determines whether the nature of this business is inconsistent with the dignity of the legal profession?

A) The Chief Justice of the respective High Court

B) The appropriate State Bar Council

C) The Advocate-General of the State

D) The Bar Council of India directly

Answer: B

Explanation: The State Bar Council holds the disciplinary and regulatory authority to evaluate whether an advocate’s sleeping partnership in a specific business compromises the dignity of the profession under Part VI.

128. What is the primary jurisprudential objective behind the restrictions placed on other employments for advocates under Part VI, Rules 47-52 of the BCI Rules?

A) To limit the income potential of advocates for tax purposes

B) To ensure the profession remains an exclusive monopoly

C) To preserve the dignity, nobility, and full-time dedication required by the administration of justice

D) To force advocates to rely solely on government stipends

Answer: C

Explanation: Law is a noble profession and a branch of the administration of justice, not a mere trade. The restrictions in Part VI exist to ensure lawyers dedicate their full time and attention to their clients and the courts without commercial distractions.

127. If an advocate takes up full-time employment and ceases to practice under Part VI, Rule 49 of the BCI Rules, what must they do if they subsequently leave that employment and wish to resume practice?

A) Apply for a fresh enrollment and pass the All India Bar Exam (AIBE) again

B) Intimate the State Bar Council about leaving the employment to resume their practice

C) Wait for a mandatory cooling-off period of 2 years

D) File a writ petition in the High Court

Answer: B

Explanation: Because the license is only suspended “so long as he continues in such employment,” the advocate simply needs to formally intimate the State Bar Council that they have left the employment to have their active practice rights restored under Part VI.

126. Under the residual duties of Part VI, Chapter II of the BCI Rules, what is the general premise of the rules (such as Rule 40) regarding the Advocates Welfare Fund?

A) Advocates must individually pay for the opposing counsel’s welfare

B) Every advocate on the state roll must pay a prescribed sum to the State Bar Council for the welfare fund

C) The government pays a welfare sum to every advocate

D) Contributing to the welfare fund is strictly optional

Answer: B

Explanation: Rules in the 40-44 series of Part VI primarily deal with the mandatory financial contributions every enrolled advocate must make to the State Bar Council to support the Advocates Welfare Fund, ensuring social security for the legal fraternity.

125. Sections 53 to 60 of the Advocates Act, 1961 are grouped under Chapter VII of the Act. What is the exact title of this Chapter?

A) Miscellaneous Provisions

B) Temporary and Transitional Provisions

C) Right to Practise

D) Conduct of Advocates

Answer: B

Explanation: Chapter VII (Sections 53-60) was specifically designed as “Temporary and Transitional Provisions” to bridge the gap between the old, fragmented legal system and the new unified framework established by the 1961 Act. (Note: Sections 51 and 52 are grouped under Chapter VI: Miscellaneous).

124. Under Section 51 of the Advocates Act, references to an “advocate enrolled by a High Court” in any other existing enactment should be construed as references to:

A) A Senior Advocate designated by the Supreme Court

B) A Solicitor of the Bombay High Court

C) An advocate enrolled under the Advocates Act, 1961

D) A legal practitioner under the Legal Practitioners Act, 1879

Answer: C

Explanation: Section 51 applies a rule of construction to ensure that older statutes remain functional. Any old terminology referring to advocates enrolled by a High Court must be read as referring to the newly unified class of advocates under the 1961 Act.

123. Section 52 of the Act expressly saves the rule-making power of which constitutional authority?

A) The High Courts under Article 226

B) The President of India under Article 143

C) The Supreme Court of India under Article 145

D) The Parliament under Article 246

Answer: C

Explanation: Section 52 clarifies that nothing in the Advocates Act overrides or limits the Supreme Court’s constitutional authority under Article 145 to make rules regulating its own practice and procedure.

122. Section 55 of the Act protects the rights of certain existing legal practitioners (like pleaders or vakils) who:

A) Were appointed as judges before the Act came into force

B) Are not entered on any State roll as advocates

C) Have been convicted of moral turpitude

D) Have surrendered their licenses to the Bar Council

Answer: B

Explanation: Section 55 acts as a “grandfather clause,” allowing individuals who were already legally practicing under previous laws (like pleaders or mukhtars) to continue earning their livelihood, even if they have not yet transitioned to the new unified State roll.

121. Although Section 55 allows certain existing pleaders to continue practicing without being on the new State roll, they are still deemed to be advocates for the purposes of:

A) Voting in the State Bar Council elections

B) Being appointed as the Attorney General

C) Chapter V of the Act (Conduct of Advocates)

D) Claiming financial aid from the Bar Council of India

Answer: C

Explanation: To maintain uniform professional standards, anyone permitted to practice under this transitional exception is fully subject to the disciplinary jurisdiction and ethical standards established under Chapter V of the Act.

120. According to Section 56, upon the constitution of a new State Bar Council under the 1961 Act, what is the fate of the existing Bar Council for that State established under the Indian Bar Councils Act, 1926?

A) It becomes an advisory body to the new Council

B) It stands dissolved

C) It merges with the respective High Court registry

D) It continues to handle old disciplinary cases indefinitely

Answer: B

Explanation: To establish a single, unified regulatory authority, Section 56 legally terminates and dissolves the old entities created under the 1926 legislation as soon as the new Councils are constituted.

119. Under Section 56, when an existing Bar Council is dissolved, its properties and assets:

A) Are auctioned off by the State Government

B) Are distributed evenly among registered advocates

C) Stand transferred to and vest in the new State Bar Council

D) Are held in escrow by the Supreme Court

Answer: C

Explanation: Section 56 ensures a seamless financial transition by mandating that all wealth, resources, and assets of the dissolved old organization automatically shift to the new State Bar Council taking its place.

118. What happens to a disciplinary proceeding that was pending before an existing Bar Council at the time of its dissolution under Section 56?

A) The proceeding is dropped and the advocate is acquitted

B) The complainant must file a new complaint from scratch

C) It stands transferred to the new State Bar Council

D) It is transferred to a regular civil court

Answer: C

Explanation: The statute explicitly mandates that all pending legal and disciplinary matters are inherited by the new State Bar Council to continue seamlessly from where they left off.

117. Under Section 57, pending the constitution of the first State Bar Council, which authority was given the power to make rules concerning the preparation of the first electoral roll?

A) The Chief Minister of the State

B) The High Court

C) The Bar Council of India

D) The Central Election Commission

Answer: B

Explanation: Because the new self-regulatory bodies did not exist yet, the responsibility fell to the highest judicial authority within that specific state—the High Court—to lay down the rules for the initial elections.

116. Section 58 of the Act addresses “Special provisions during the transitional period”. What was a primary necessity for these provisions?

A) To validate the enrollment of advocates made during the gap between the repeal of old laws and the constitution of new Councils

B) To declare a nationwide strike by lawyers legal

C) To suspend the Constitution of India temporarily

D) To allow foreign lawyers to practice freely in India for 5 years

Answer: A

Explanation: There was a transitional “gap” period where old systems were repealed but new Councils weren’t fully functional. Section 58 retrospectively legalized and validated the enrollments that occurred during this interim period.

115. According to Section 59, if any difficulty arises in giving effect to the provisions of the Advocates Act during its initial implementation, which authority may make an order to remove the difficulty?

A) The Supreme Court of India

B) The Bar Council of India

C) The Central Government

D) The Parliament (via a new amendment bill)

Answer: C

Explanation: To ensure the smooth rollout of the new national legislation, Section 59 granted the Central Government temporary, delegated executive power to clear administrative roadblocks and “remove difficulties.”

114. An order made under Section 59 for the “removal of difficulties” is subject to an important limitation. The order must NOT be:

A) Published in English

B) Inconsistent with the purposes of the Advocates Act

C) Longer than two pages

D) Applicable to more than one State

Answer: B

Explanation: While the executive branch is allowed to smooth out administrative bumps, Section 59 explicitly states that any such order must not be inconsistent with the core intent and purposes of the Act passed by Parliament.

113. Under Section 60, the Central Government is granted the power to make rules. What is the specific scope of this rule-making power?

A) To set the syllabus for all law schools permanently

B) To prescribe the dress code for judges

C) To provide for matters necessary for the constitution of the Bar Councils for the first time

D) To determine the fee structure for clients

Answer: C

Explanation: Since the Bar Councils did not initially exist, Section 60 empowered the Central Government to lay down the initial procedural rules necessary to bring these new regulatory bodies into existence for the very first time.

112. Which of the following statements best describes the overarching purpose of Chapter VII (Sections 53-60)?

A) To establish the punishments for professional misconduct

B) To list the qualifications required for admission as an advocate

C) To provide temporary legal mechanics to transition from old laws to the 1961 Advocates Act

D) To outline the financial relationship between the BCI and the Central Government

Answer: C

Explanation: Chapter VII is entirely dedicated to managing the legal, financial, and administrative handover between the old fragmented legal regimes and the unified system of the 1961 Act.

111. As per Section 56(c), upon dissolution of the old Bar Council, what happens to the employees who were working for it?

A) They are automatically terminated without severance

B) They must re-interview for positions in the new Council

C) They are absorbed into the State Government civil service

D) They become employees of the new State Bar Council on the same terms and conditions

Answer: D

Explanation: The transitional rules are designed to protect the workforce. Section 56(c) guarantees that existing employees are transferred to the new State Bar Council without any loss of remuneration or changing of their service terms.

110. Under Section 42 of the Advocates Act, 1961, the Disciplinary Committee of a Bar Council is vested with the same powers as which of the following bodies?

A) A High Court exercising writ jurisdiction

B) A Civil Court under the Code of Civil Procedure, 1908

C) A Criminal Court under the Code of Criminal Procedure, 1973

D) The Supreme Court under its inherent powers

Answer: B

Explanation: Section 42 explicitly grants the disciplinary committee the powers of a civil court for summoning witnesses, discovering documents, and receiving evidence.

109. According to Section 42(2) of the Advocates Act, proceedings before a Disciplinary Committee are deemed to be judicial proceedings for the purposes of which sections of the Indian Penal Code?

A) Sections 193 and 228

B) Sections 120B and 420

C) Sections 499 and 500

D) Sections 302 and 304

Answer: A

Explanation: Section 42(2) specifically deems proceedings to be judicial proceedings within the meaning of Sections 193 (false evidence) and 228 (intentional insult to public servant) of the IPC.

108. As per Section 43 of the Advocates Act, if a Disciplinary Committee makes an order as to costs, how can such an order be executed?

A) Only by filing a fresh civil suit for recovery

B) As if it were an order of the Supreme Court

C) As if it were an order of a Magistrate

D) As if it were an order passed by the civil court having local jurisdiction

Answer: D

Explanation: Section 43 explicitly states that any order as to costs may be executed as if it were an order of the relevant civil court.

107. Under Section 44 of the Advocates Act, 1961, a Disciplinary Committee may review its own order. Within what time frame must a petition for review be filed?

A) 30 days from the date of the order

B) 60 days from the date of the order

C) 90 days from the date of the order

D) There is no time limit for a review petition

Answer: B

Explanation: Section 44 allows the disciplinary committee to review its order on its own motion or on an application made within 60 days.

106. Under the proviso to Section 44, if the Disciplinary Committee of a State Bar Council passes an order upon review, what condition must be met for it to be effective?

A) It must be approved by the Chief Justice of the High Court

B) It must be approved by the Bar Council of India

C) It must be published in the Official Gazette

D) It requires no further approval

Answer: B

Explanation: The proviso to Section 44 mandates that an order of the State Bar Council’s disciplinary committee varying its original order shall not have effect unless approved by the Bar Council of India.

105. What is the penalty prescribed under Section 45 of the Advocates Act for a person illegally practising in courts or before other authorities?

A) Imprisonment for a term which may extend to 3 months

B) Imprisonment for a term which may extend to 6 months

C) Imprisonment for a term which may extend to 1 year

D) A fine up to Rs. 50,000 without imprisonment

Answer: B

Explanation: Section 45 stipulates that any person practising illegally is punishable with imprisonment for a term that may extend to six months.

104. Section 47 of the Advocates Act, 1961 deals with the principle of:

A) Res Judicata

B) Reciprocity

C) Double Jeopardy

D) Eminent Domain

Answer: B

Explanation: Section 47 empowers the Bar Council of India to deal with reciprocity concerning the admission of foreign nationals as advocates in India.

103. According to Section 48 of the Advocates Act, what protection is offered to the Bar Council and its committees?

A) Total immunity from all civil and criminal liabilities regardless of intent

B) Indemnity against legal proceedings for any act done in good faith

C) Protection only from civil suits, but not criminal prosecution

D) Protection only for the Chairman, not for ordinary members

Answer: B

Explanation: Section 48 states that no suit or legal proceeding shall lie against the Council or its members for anything done in good faith under the Act or rules.

102. Under Section 48A of the Advocates Act, which body has the power of revision over any proceeding disposed of by a State Bar Council?

A) The Supreme Court of India

B) The Bar Council of India

C) The High Court of the respective State

D) The Central Government

Answer: B

Explanation: Section 48A explicitly grants the Bar Council of India the power to call for the record of any proceeding disposed of by a State Bar Council and pass orders.

101. Section 48B of the Advocates Act empowers the Bar Council of India to:

A) Give directions for the proper and efficient discharge of functions to the State Bar Council

B) Dissolve a State Bar Council immediately without notice

C) Appoint all members of the State Bar Council directly

D) Override judgments of the High Courts regarding advocates

Answer: A

Explanation: Section 48B specifically allows the BCI to issue directions to State Bar Councils to ensure they discharge their functions properly.

100. Which section of the Advocates Act, 1961 contains the general power of the Bar Council of India to make rules?

A) Section 46

B) Section 47

C) Section 49

D) Section 50

Answer: C

Explanation: Section 49 is the comprehensive section that outlines the various subjects on which the BCI can make rules.

99. Under Section 49(1)(c) of the Advocates Act, the Bar Council of India makes rules specifically regarding:

A) The standards of professional conduct and etiquette to be observed by advocates

B) The procedure for electing members to the State Bar Council

C) The form of dresses or robes to be worn by advocates

D) The standards of legal education to be observed by universities

Answer: A

Explanation: Section 49(1)(c) is the foundation for the BCI Rules on Professional Standards and Etiquette.

98. According to Section 49A of the Advocates Act, who holds the power to make rules to prevent the rules made by the Bar Council of India from being inconsistent with the Act?

A) The President of India

B) The Central Government

C) The Supreme Court of India

D) The Attorney General for India

Answer: B

Explanation: Section 49A grants the Central Government the power to make rules by notification in the Official Gazette.

97. What is the primary purpose of Section 50 of the Advocates Act, 1961?

A) To establish the Bar Council of India

B) To provide a penalty for professional misconduct

C) To repeal certain existing enactments related to legal practitioners

D) To amend the Constitution of India regarding fundamental rights

Answer: C

Explanation: Section 50 systematically repeals older laws like the Legal Practitioners Act, 1879, and sections of the Indian Bar Councils Act, 1926.

96. Under Section 42 of the Advocates Act, can a Disciplinary Committee require the discovery and production of documents?

A) No, only a court of law can do so

B) Yes, but only with the prior permission of the High Court

C) Yes, it has the same power as a civil court to require discovery and production

D) Yes, but only for documents already in the possession of the Bar Council

Answer: C

Explanation: Section 42(1)(b) explicitly grants the committee the power to require the discovery and production of any documents.

95. If an advocate files a complaint under the Advocates Act, and the Disciplinary Committee dismisses it as frivolous, can the committee award costs against the complainant under Section 43?

A) No, costs can never be awarded against a complainant

B) Yes, the committee has the discretion to make any order as to costs

C) Only if the State Government approves the costs

D) Only up to a maximum limit of Rs. 100

Answer: B

Explanation: Section 43 states that the disciplinary committee may make such order as to the costs of any proceedings before it as it may deem fit.

94. In a case where a Disciplinary Committee reviews its order under Section 44 and decides to vary it, which of the following statements is true regarding a State Bar Council’s committee?

A) The varied order takes effect immediately

B) The varied order only takes effect if it reduces the punishment

C) The varied order requires approval from the Bar Council of India to have effect

D) The varied order must be ratified by the Supreme Court

Answer: C

Explanation: The proviso to Section 44 expressly states that a State Bar Council’s varied review order needs BCI approval to take effect.

93. Which of the following acts would attract the penalty under Section 45 of the Advocates Act?

A) An advocate charging a fee lower than the prescribed standard

B) A person whose name is not on the State roll practising in a court

C) An advocate refusing to take up a brief

D) A law student attending a court proceeding as an observer

Answer: B

Explanation: Section 45 penalizes any person who practises in any court or before any authority without being entitled to do so under the Act.

92. Under Section 49(1)(d), the Bar Council of India is empowered to make rules regarding:

A) The establishment of new High Courts

B) The standards of legal education to be observed by universities in India

C) The salaries of judges in lower courts

D) The appointment of the Attorney General

Answer: B

Explanation: Section 49(1)(d) specifically gives the BCI the power to set standards for legal education and inspect universities.

91. Can the Bar Council of India exercise its revisional powers under Section 48A suo motu (on its own motion)?

A) Yes, it can exercise the power otherwise than on an application

B) No, it must always wait for a formal application from an aggrieved party

C) Only if the State Government directs it to do so

D) Only if the matter involves a sum of money exceeding Rs. 1 Lakh

Answer: A

Explanation: Section 48A states the BCI may call for records ‘either of its own motion or otherwise’, meaning it does not need a formal complaint.

90. Under which subsection of Section 49(1) of the Advocates Act, 1961, is the Bar Council of India empowered to make rules regarding the conditions subject to which an advocate shall have the right to practice?

A) Section 49(1)(c)

B) Section 49(1)(d)

C) Section 49(1)(ah)

D) Section 49(1)(j)

Answer: C

Explanation: Section 49(1)(ah) is the specific provision that allows the BCI to set the ongoing requirements and conditions an enrolled advocate must meet to maintain their active right to practice law.

89. Which of the following rules made by the Central Government under Section 49A requires presentation before Parliament?

A) None of them need to be presented

B) Every rule made under this section shall be laid before each House of Parliament

C) Only rules pertaining to financial matters

D) Only rules that conflict with existing High Court rules

Answer: B

Explanation: Section 49A(3) mandates that every rule made under this section be laid before each House of Parliament while it is in session to ensure legislative scrutiny.

88. Under Section 48B, if a State Bar Council fails to comply with the directions given by the Bar Council of India, what is the implicit consequence?

A) The State Bar Council members are immediately jailed

B) The Bar Council of India can exercise its overarching supervisory and revisional powers to rectify the failure

C) The Central Government takes over the State Bar Council

D) The directions become null and void

Answer: B

Explanation: While 48B gives the power to direct, continued failure allows the BCI to use other provisions like 48A (revision) or appeal mechanisms to ensure compliance.

87. As per Section 42 of the Advocates Act, if a Disciplinary Committee needs to enforce the attendance of a witness residing outside its state limits, it does so by:

A) Sending its own police force to arrest the witness

B) Sending the summons to the civil court having jurisdiction where the witness resides, which executes it as its own

C) Requesting the Chief Minister of the other state

D) Publishing a notice in a national newspaper

Answer: B

Explanation: The committee borrows the jurisdictional power of the ordinary courts located where the witness actually lives (Section 42(3)).

86. Which of the following is NOT an area where the Bar Council of India can make rules under Section 49?

A) The form of dresses or robes to be worn by advocates

B) The class or category of persons entitled to be enrolled as advocates

C) The appointment of High Court Judges

D) The general principles for guidance of State Bar Councils

Answer: C

Explanation: The appointment of High Court Judges is a constitutional matter governed by Article 217, completely outside the purview of the Bar Council.

85. Under Section 30 of the Advocates Act, 1961, if advocate Vipeen Port has his name entered in the State roll, he is entitled as of right to practise in:

A) The Supreme Court of India only

B) All courts including the Supreme Court, before any tribunal or person legally authorized to take evidence

C) The High Courts of the respective states only

D) Subordinate courts within the specific state of enrollment only

Correct Answer: B

Explanation: Section 30 of the Advocates Act, 1961, grants Vipeen Port a broad right to practice in all courts across the territories to which the Act extends, including the Supreme Court and before any legally authorized tribunal.

84. According to Section 32 of the Advocates’ Act, 1961, who has the power to permit Ghanisca Charan, who is not enrolled as an advocate, to appear before it in a particular case?

A) The Bar Council of India

B) The State Bar Council

C) Any court, authority, or person before whom Ghanisca Charan’s appearance is sought

D) The High Court of the respective State only

Correct Answer: C

Explanation: Section 32 of the Advocates Act, 1961, explicitly preserves the inherent power of the specific court or authority to permit a non-advocate like Ghanisca Charan to appear in a particular case before them.

83. As per Section 33 of the Advocates Act, 1961, what status must Hardaya ( A Law graduate) hold to be entitled to practise in any court or before any authority?

A) Possess a recognized LL.B. degree only

B) Be enrolled as an advocate under the Advocates Act, 1961

C) Hold a registered Power of Attorney

D) Be a law graduate who has completed a mandatory internship

Correct Answer: B

Explanation: Section 33 of the Advocates Act, 1961, establishes the monopoly of advocates, stating that no person shall be entitled to practice unless enrolled as an advocate like Hardaya.

82. Under Section 34 of the Advocates Act, 1961, who has the power to make rules laying down the conditions subject to which an advocate like Advocate Kanikka shall be permitted to practise in specific courts?

A) The Bar Council of India

B) The Supreme Court of India

C) The High Court

D) The Ministry of Law and Justice

Correct Answer: C

Explanation: Section 34 of the Advocates Act, 1961, empowers the High Court to make rules regarding the conditions for Advocate Kanikka and other advocates practicing in the High Court and the courts subordinate to it.

81. Under Section 35, when a State Bar Council has reason to believe that advocate Kaustub has been guilty of professional or other misconduct, to whom must it refer the case?

A) The Advocate-General of the State

B) Its Disciplinary Committee

C) The Chief Justice of the High Court

D) The Bar Council of India

Correct Answer: B

Explanation: Section 35(1) of the Advocates Act, 1961, mandates that cases of alleged misconduct by Kaustub be referred to the Disciplinary Committee of the State Bar Council for disposal.

80. Which of the following is NOT a punishment that a Disciplinary Committee of a State Bar Council can impose on advocate Mahavir Singh under Section 35(3) of the Advocates Act, 1961,?

A) Reprimand him

B) Suspend him from practice for such period as it may deem fit

C) Remove his name from the State roll of advocates

D) Impose a monetary fine of up to Rs. 5,00,000

Correct Answer: D

Explanation: Section 35(3) of the Advocates Act, 1961, does not explicitly authorize the imposition of monetary fines as a primary punishment for misconduct, focusing instead on reprimanding, suspending, or removing Mahavir Singh from the roll.

79. According to Section 36B of the Advocates Act, 1961, within what time frame must the disciplinary committee of a State Bar Council dispose of a complaint filed against advocate Prema Chhoden?

A) Six months from the date of the complaint

B) One year from the date of the receipt of the complaint or date of initiation of proceedings

C) Two years from the date of the complaint

D) There is no fixed time limit; it depends on the complexity of the case

Correct Answer: B

Explanation: Section 36B(1) of the Advocates Act, 1961, mandates that the proceedings against Advocate Prema Chhoden shall be concluded within one year of receiving a complaint or initiating action to ensure timely justice.

78. If the disciplinary committee of a State Bar Council fails to dispose of the proceedings against Advocate Sumeet Sonall within the time specified in Section 36B of the Advocates Act, 1961, what is the consequence?

A) The complaint against Sumeet Sonall is automatically dismissed

B) The proceedings stand transferred to the Bar Council of India

C) The matter is referred to the High Court for directions

D) The State Bar Council is fined for the delay

Correct Answer: B

Explanation: Section 36B of the Advocates Act, 1961, stipulates that if the one-year limit is breached, the proceedings against Sumeet Sonall are automatically transferred to the BCI.

77. Section 37 of the Advocates Act, 1961, deals with appeals to the Bar Council of India. What is the limitation period for Yogeeta to file an appeal against an order of the disciplinary committee of a State Bar Council?

A) 30 days

B) 60 days

C) 90 days

D) 120 days

Correct Answer: B

Explanation: Section 37(1) of the Advocates Act, 1961, allows Yogeeta (or any person aggrieved) to prefer an appeal to the Bar Council of India within sixty days of the date of the communication of the order.

76. Besides the person aggrieved (e.g., advocate Yasraj Tiyagi), who else is specifically empowered under Section 37 to file an appeal to the Bar Council of India regarding a disciplinary order?

A) The Attorney-General of India

B) The Advocate-General of the State

C) The President of the State Bar Association

D) Any practicing advocate of the same State

Correct Answer: B

Explanation: Section 37 of the Advocates’ Act,1961, explicitly grants the Advocate-General of the State the right to appeal to the BCI, ensuring public interest in professional standards is maintained alongside Yasraj Tiyagi’s personal right to appeal.

75. Under Section 38 of the Advocates’ Act, if Advocate Vineet is aggrieved by an order made by the disciplinary committee of the Bar Council of India, an appeal lies to:

A) The President of India

B) The High Court of Delhi

C) The Supreme Court of India

D) A special tribunal established by the Ministry of Law

Correct Answer: C

Explanation: Section 38 provides that AdvocateVineet may appeal an order of the BCI’s disciplinary committee directly to the Supreme Court.

74. What is the time limit for Advocate Ghanisca Charan to file an appeal to the Supreme Court under Section 38 of the Advocates Act?

A) 30 days

B) 60 days

C) 90 days

D) 180 days

Correct Answer: B

Explanation: Just like appeals to the BCI, Ghanisca Charan must file her appeal to the Supreme Court under Section 38 within 60 days from the communication of the order.

73. According to Section 39 of the Advocates’ Act, 1961, the provisions of which specific sections of the Limitation Act, 1963, apply to appeals filed by advocate Hardaya under Section 37 and Section 38?

A) Sections 3 and 4

B) Sections 5 and 12

C) Sections 10 and 11

D) Sections 14 and 15

Correct Answer: B

Explanation: Section 39 expressly applies Section 5 (condonation of delay) and Section 12 (computation of period of limitation) of the Limitation Act,1963 to Hardaya’s appeals.

72. Under Section 40, what is the effect of Kanikka filing an appeal under Section 37 or Section 38 on the disciplinary order appealed against?

A) It automatically operates as a stay of the order

B) It operates as a stay only if the appeal is filed within 30 days

C) It shall not operate as a stay, unless the appellate authority directs otherwise

D) The order is stayed, but only for a maximum of 14 days

Correct Answer: C

Explanation: Section 40 clarifies that Kanikka’s appeal does not operate as a stay of the order unless the appellate authority explicitly orders a stay on sufficient cause.

71. When the disciplinary committee of a State Bar Council hears a case of misconduct against advocate Kaustub under Section 35, it must give an opportunity of being heard to Kaustub and to:

A) The Attorney-General of India

B) The Advocate-General of the State

C) The Chief Justice of the respective High Court

D) The complainant only

Correct Answer: B

Explanation: Section 35(2) of the Advocates’ Act 1961, requires the Disciplinary Committee to fix a date for the hearing and give notice to Kaustub and the Advocate-General of the State.

70. According to Rule 31 of the BCI (Part VI) Rules , Advocate Mahavir Singh shall act only on the instructions of:

A) Any person who has knowledge of the case

B) His client or the client’s authorised agent

C) The opposing counsel

D) The presiding judge

Correct Answer: B

Explanation: Rule 31 BCI (Part VI) strictly mandates that Mahavir Singh must take instructions only from the client or their legally authorised agent to ensure confidentiality.

69. Under BCI (Part VI) Rule 32, what is advocate Prema Chhoden expressly prohibited from doing regarding her client’s legal proceedings?

A) Lending money to the client for the purpose of the legal proceedings

B) Refusing to take up a case without advance payment

C) Accepting fees in the form of a cheque

D) Discussing the cost of litigation during the first meeting

Correct Answer: A

Explanation: Rule 32 prevents Prema Chhoden from financing litigation, which could give her a personal financial stake in the outcome of the case.

68. BCI (Part VI) Rule 33 dictates that if advocate Sumeet Sonall has advised or drawn pleadings for a party in a suit, he shall not:

A) Charge a fee higher than the standard rate

B) Delegate the court appearance to a junior advocate

C) Speak to the media about the case

D) Act, appear, or plead for the opposite party

Correct Answer: D

Explanation: BCI (Part VI) Rule 33 establishes a clear conflict of interest rule: once Sumeet Sonall has acted for or advised one side, he cannot represent the opposing side in the same matter.

67. According to BCI (Part VI) Rule 34, how must advocate Yogeeta negotiate or communicate regarding the subject matter of controversy with an opposing party who is already represented by an advocate?

A) Directly with the opposing party via email

B) Through a neutral third-party mediator only

C) Only through the advocate representing the opposing party

D) Directly with the opposing party if their advocate is unresponsive

Correct Answer: C

Explanation: BCI (Part VI) Rule 34 mandates that all communications from Yogeeta regarding the case must go through the opposing party’s legal counsel.

66. BCI (PART VI) Rule 35 states that advocate Yasraj Tiyagi shall do his best to carry out all legitimate promises made to the opposite party. Does this apply if Yasraj’s promise is not reduced to writing?

A) Yes, even if not reduced to writing or enforceable under the rules of the Court

B) No, oral promises have no professional standing

C) Only if the promise is made in front of a judge

D) No, promises must be signed by both parties to be professionally binding

Correct Answer: A

Explanation: BCI (Part VI) Rule 35 holds advocates to a high moral standard, emphasizing that Yasraj Tiyagi’s word is his bond, regardless of written formalities.

65. Which of the following activities is strictly prohibited for advocate Vipeen Port under BCI (Part VI) Rule 36?

A) Publishing legal articles in academic journals
B) Speaking at public legal aid seminars
C) Maintaining a website with basic contact information as per BCI guidelines
D) Soliciting work or advertising, either directly or indirectly
Correct Answer: D
Explanation: Rule 36 fundamentally prohibits Vipeen Port from the commercialization of the legal profession through advertising, touting, or solicitation.

64. Under BCI (Part VI) Rule 37, advocate Ghanisca Charan shall not permit her professional services or name to be used to facilitate:

A) Pro bono legal clinics

B) The unauthorised practice of law by any lay agency

C) The training of junior advocates

D) Alternative dispute resolution proceedings

Correct Answer: B

Explanation: BCI (Part VI) Rule 37 prevents Ghanisca Charan from acting as a front for unqualified individuals or entities attempting to practice law.

63. According to BCI (Part VI) Rule 38, under what specific circumstance is advocate sonall prohibited from accepting a fee less than the taxable fee under the rules?

A) When the advocate is a Senior Advocate

B) When the case involves a corporate entity

C) When the client is able to pay the same

D) An advocate can never accept a fee lower than the taxable fee

Correct Answer: C

Explanation: Rule 38 BCI (Part VI) aims to prevent undercutting among colleagues by mandating that advocate Sonall charge standard fees if the client has the financial means to pay them.

62. Under Rule 39, BCI (Part VI) , what must advocate Kanikka obtain before entering an appearance in a case where another advocate has already filed a vakalatnama?

A) The consent of the advocate already on record

B) Permission from the Bar Council of India

C) An order from the Chief Justice

D) A newly notarized affidavit from the client

Correct Answer: A

Explanation: BCI (Part VI) Rule 39 requires professional courtesy and prevents poaching by mandating that Advocate Kanikka obtain the existing advocate’s consent (No Objection Certificate).

61. Which rule among BCI (Part VI) Rules explicitly prohibits advocate Kaustub’s signboard or name-plate from indicating that he was formerly a Judge or an Advocate General?

A) Rule 31

B) Rule 36

C) Rule 38

D) Rule 40

Correct Answer: B

Explanation: Rule 36 BCI Rules (Part VI), explicitly states that signboards must not indicate past positions like Judge or Advocate General to prevent Advocate Kaustub from gaining an unfair advantage through implied solicitation.

Q.60: Advocate Aneesha Lakda, an advocate, learns sensitive financial information from his client and considers using it for personal gain. Which BCI Rule under PART VI expressly dictates that an advocate should not misuse or take advantage of the confidence reposed in him by his client?

A) Rule 25

B) Rule 27

C) Rule 30

D) Rule 33

Answer: A

Explanation: This rule sets the foundation of the fiduciary relationship, strictly prohibiting any exploitation of the trust placed in an advocate by their client.

BCI PART VI, Chapter II, Section II, Rule 25: “An advocate should not misuse or take advantage of the confidence reposed in him by his client.”

Q.59: Advocate Rahull receives an advance sum from a client for upcoming court expenses. According to Rule 26 of the BCI Rules, what is his primary obligation regarding this money?

A) To deposit it into a general office fund.

B) To keep detailed accounts of the client’s money entrusted to him.

C) To lend it to another client facing an emergency.

D) To immediately surrender the sum to the court registry.

Answer: B

Explanation: Transparency in financial matters is key. Client money must be accounted for specifically and not mixed into a general, unrecorded fund.

Full Details of BCI PART VI, Chapter II, Section II, Rule 26: “An advocate shall always keep accounts of the client’s money entrusted to him, and the accounts should show the amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particulars.”

Q.58. Advocate Edden successfully recovers a decree amount from a judgment debtor on behalf of her client. Under BCI PART VI- Rule 27, what must she do immediately after receiving this amount?

A) Reinvest the money in a short-term fixed deposit.

B) Deduct her anticipated future fees without notifying the client.

C) Wait until the client formally demands a status update.

D) Intimate the client as early as possible about the receipt of the money.

Answer: D

Explanation: Communication is crucial when dealing with a client’s recovered assets or funds. The rule imposes an active duty on the advocate to inform the client without delay.

Full Details of BCI PART VI, Chapter II, Section II, Rule 27: “Where any amount is received or given to him on behalf of his client, the fact of such receipt must be intimated to the client, as early as possible.”

Q.57:. After the termination of a proceeding, Advocate Sushruti has some unexpended amount left from what the client gave her for litigation expenses. Under BCI PART VI- Rule 28, what is she at liberty to do with this sum?

A) Appropriate it towards the settled fee due to her.

B) Keep it as a non-refundable professional bonus.

C) Donate the remaining sum to the State Bar Council.

D) Convert it into a personal loan.

Answer: A

Explanation: The rule provides a practical way for an advocate to clear outstanding, agreed-upon dues using leftover litigation funds once the matter is closed.

Full Details of BCI PART VI, Chapter II, Section II, Rule 28: “After the termination of the proceeding, the advocate shall be at liberty to appropriate towards the settled fee due to him, any sum remaining unexpended out of the amount paid or sent to him for expenses, or any amount that has come into his hands in that proceeding.”

Q.56: Advocate Lime has completed a case, but her fee was left unsettled by the client. She currently holds some of the client’s money. According to BCI PART VI- Rule 29, how can she handle this situation?

A) She must return all the money and file a civil suit to recover her fees.

B) She can deduct a reasonable fee from the client’s money remaining in her hands.

C) She can forfeit the entire remaining amount as a penalty.

D) She cannot touch the money until a court issues a formal order.

Answer: B

Explanation: The rules offer a mechanism to ensure advocates are fairly compensated when holding client funds at the end of a matter, provided the deduction is reasonable or per court rules.

Full Details of BCI PART VI, Chapter II, Section II, Rule 29: “Where the fee has been left unsettled, the advocate shall be entitled to deduct, out of any moneys of the client remaining in his hands, at the termination of the proceeding for which he had been engaged, the fee payable under the rules of the Court, in force for the time being, or by then settled and the balance, if any, shall be refunded to the client.”

Q.55:. Advocate Shivankk’s client demands a physical copy of the financial account maintained by her office regarding his case. Under BCI PART VI- Rule 30, on what condition must Shivankk furnish this copy?

A) Provided the client signs a new retainer agreement.

B) Provided the client has no outstanding legal fees.

C) Provided the necessary copying charge is paid.

D) Provided a judge orders the release of the accounts.

Answer: C

Explanation: The advocate must comply with the request to view the accounts, but they do not have to bear the administrative out-of-pocket expense of reproducing the physical document.

Full Details of BCI PART VI, Chapter II, Section II, Rule 30: “A copy of the client’s account shall be furnished to him on demand provided the necessary copying charge is paid.”

Q.54:. Advocate Zishan holds ₹50,000 of his client’s money. To be helpful, the client suggests Zishan just keep the money as a personal loan with a 5% interest rate. According to Rule 31, is Advocate Zishan permitted to agree to this?

A) Yes, if the agreement is documented strictly in writing.

B) No, an advocate shall not enter into arrangements whereby funds in his hands are converted into loans.

C) Yes, as long as the interest rate is reasonable and fair.

D) No, unless the Bar Council of India formally approves the transaction.

Answer: B

Explanation: The rules aim to maintain a strict, impenetrable barrier between professional fiduciary duties and personal financial borrowing. Consent of the client does not override this prohibition.

Full Details of BCI PART VI, Chapter II, Section II, Rule 31: “An advocate shall not enter into arrangements whereby funds in his hands are converted into loans.”

Q.53: Advocate Reio represents a client in an ongoing lawsuit. The client is temporarily out of funds, so Reio wants to lend money to his client specifically to fund the legal proceedings. According to BCI PART VI, Rule 32, is this permitted?

A) Yes, if the client promises to return it with interest after winning.

B) Yes, advocates are encouraged to fund litigation for indigent clients.

C) No, unless the State Bar Council grants special permission.

D) No, an advocate shall not lend money to his client for the purpose of any action or legal proceedings.

Answer: D

Explanation: An advocate must maintain professional detachment. Loaning money for the proceedings gives the advocate a personal financial stake in the outcome, which creates a conflict of interest.

Full Details of BCI PART VI, Chapter II, Section II, Rule 32: “An advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by such client. (Explanation.—An advocate shall not be held guilty for a breach of this rule, if in the course of a pending suit or proceeding, and without any arrangement with the client in respect of the same, the advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of the client for the progress of the suit or proceeding.”)

Q.52: Advocate Ananyya previously advised a landlord regarding the drafting of a lease agreement. Later, a dispute arises, and the tenant approaches Ananyya to represent him in an eviction suit filed by that same landlord. Under BCI PART VI, Rule 33, what must Ananyya do?

A) She can represent the tenant if she charges a higher fee to offset the conflict.

B) She can represent the tenant as long as the landlord gives oral consent.

C) She must represent both parties simultaneously to ensure fairness.

D) She shall not act, appear or plead for the opposite party.

Answer: D

Explanation: Once an advocate has advised one side of a matter, they possess confidential information. They are strictly disqualified from switching sides to fight against their former client.

Full Details of BCI PART VI, Chapter II, Section II, Rule 33: “An advocate who has, at any time, advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party.”

Q.51: Owaiss, Hradaya, and Markanday are debating BCI ethics rules. Owaiss argues advocates can convert client funds into loans. Hradaya says advocates can never deduct fees from client accounts. Markanday says advocates must promptly intimate clients when receiving money on their behalf. Who is correctly stating a BCI Rule?

A) Owaiss

B) Hradaya

C) Markanday

D) All of them are correct.

Answer :C

Explanation: Owaiss is incorrect. BCI PART VI, Rule 31 prohibits converting client funds into loans). Hradaya is incorrect .BCI PART VI, Rule 29 allows the deduction of reasonable fees). Only Markanday correctly identifies the duty under BCI PART VI, Rule 27.

50. Advocate Mamosa is studying Section 16 of the Advocates Act, 1961. He learns that the legal profession is divided into two distinct classes of advocates. What are they?

A) Senior advocates and Junior advocates

B) Senior advocates and other advocates

C) Supreme Court advocates and High Court advocates

D) Designated advocates and Registered advocates

Answer: B

Explanation: Section 16 expressly categorizes advocates into “senior advocates” and “other advocates.” The Act does not officially use or recognize the term “Junior advocates.”

49. Sanjayy Varma, a skilled litigator, is being considered for designation as a Senior Advocate under Section 16(2) of the Advocates Act, 1961. Which institution has the authority to grant him this designation?

A) The Bar Council of India

B) The State Bar Council

C) The Supreme Court or a High Court

D) The President of India

Answer: C

Explanation: Section 16(2) of the Advocates Act, 1961 grants the Supreme Court or a High Court the power to designate an advocate as a senior advocate based on their ability, standing at the Bar, or special knowledge.

48. Goonjan singh is curious about the administrative side of the Bar. According to Section 17, of the Advocates Act, 1961, which body is statutorily mandated to prepare and maintain a roll of advocates?

A) Every State Bar Council

B) The Bar Council of India

C) The Ministry of Law and Justice

D) The High Court of the respective state

Answer: A

Explanation: Section 17 of the Advocates Act, 1961 obligates every State Bar Council to prepare and maintain a roll of advocates for its specific territorial jurisdiction.

47. Advocate Garima currently practices in Delhi but wants to move her practice and transfer her name to the Maharashtra State roll. Under Section 18 of the Advocates Act, 1961 to which authority must she make the application?

A) The State Bar Council where she is currently enrolled

B) The State Bar Council where the transfer is sought

C) The Bar Council of India

D) The Supreme Court of India

Answer: C

Explanation: Because the transfer involves moving between two different state jurisdictions, Section 18 of the Advocates Act, 1961 requires the application to be submitted to the overarching national authority: the Bar Council of India.

46. A dispute arises regarding the seniority of Advocate Kunal and another advocate Veenayak on the State roll. According to Section 21 of the Advocates Act, 1961, who has the power to determine this dispute?

A) The High Court

B) The Bar Council of India

C) The State Bar Council

D) The Enrolment Committee

Answer: C

Explanation: Section 21 of the Advocates Act, 1961 vests the power to determine disputes regarding the seniority of advocates on a specific State roll with the respective State Bar Council that maintains it.

45. Swarneeka recently got her name entered in the State roll. Section 22 of the Advocates Act, 1961 provides that she shall be issued a certificate of enrolment. Which authority is responsible for issuing this to Swarneeka?

A) The Bar Council of India

B) The State Bar Council

C) The Registrar of the High Court

D) The Advocate-General of the State

Answer: B

Explanation: Since the State Bar Council prepares and maintains the state roll, Section 22 of the Advocates Act, 1961mandates that it is also the authority that issues the official certificate of enrolment.

44. Alee Shah is reading about court procedures and wants to know: Under Section 23 of the Advocates Act,1961, which legal officer enjoys the ultimate right of pre-audience over all other advocates?

A) The Solicitor-General of India

B) The Advocate-General of a State

C) The Attorney-General of India

D) The Chairman of the Bar Council of India

Answer: C

Explanation: Section 23 of the Advocates Act, 1961 establishes that the highest legal officer of the Union Government, the Attorney-General of India, has the absolute right of pre-audience over all other advocates.

43. Ankeet wants to enroll as an advocate immediately after completing his LLB from University of Delhi. According to Section 24, what is the minimum age requirement for him to be admitted on a State roll? A) 18 years B) 21 years C) 25 years D) 30 years

Answer: B

Explanation: Section 24(1)(b) of the Advocates Act, 1961 explicitly states that a person must have completed the age of twenty-one years to be admitted as an advocate.

42. Pushpaa is reviewing case laws on professional disqualification. As per Section 24A of the Advocates Act, 1961, if a person is convicted of an offence involving moral turpitude, for how long are they disqualified from enrolment after their release? A) Five years B) Three years C) Two years D) Lifetime disqualification

Answer: C

Explanation: Section 24A of the Advocates Act, 1961 stipulates that the disqualification ceases to have effect after a period of two years has elapsed since the person’s release, allowing a chance for professional rehabilitation.

41. Prembeer is drafting his application for admission as an advocate. Under Section 25 of the Advocates Act, 1961, to which authority must his application be made? A) The Bar Council of India B) The High Court C) The State Bar Council D) The Supreme Court

Answer: C

Explanation: Section 25 of the Advocates Act, 1961 directs that an application for admission as an advocate shall be made to the State Bar Council within whose jurisdiction the applicant proposes to practice.

40. Once Rickyy submits his application for admission as an advocate to the State Bar Council, Section 26 of the Advocates Act, 1961 dictates that it must be referred to which of its committees for disposal?

A) The Disciplinary Committee

B) The Executive Committee

C) The Enrolment Committee

D) The Legal Aid Committee

Answer: C

Explanation: Section 26 of the Advocates Act, 1961 explicitly states that applications for admission are referred to the Enrolment Committee of the State Bar Council for review and disposal.

39. Advocate Sanjoo wishes to voluntarily have her name removed from the State roll to pursue a different career path. Under Section 26A of the Advocates Act, 1961, can the State Bar Council remove her name without initiating a disciplinary proceeding?

A) No, formal disciplinary proceedings are always required.

B) No, only the Bar Council of India can remove a name.

C) Yes, upon receiving a request from her.

D) Yes, but only if approved by the High Court.

Answer: C

Explanation: Section 26A of the Advocates Act, 1961 allows the State Bar Council to act administratively and remove a name either on its own motion if the advocate is dead, or upon receiving a voluntary request from the advocate.

38. If a State Bar Council refuses Veenayak’s request for enrolment, what is the prerequisite under Section 27 of the Advocates Act, 1961 for another State Bar Council to entertain his application?

A) A mandatory cooling-off period of one year.

B) Previous written consent of the refusing State Bar Council AND the Bar Council of India.

C) An order from the High Court of the respective state.

D) Payment of a penalty fee to the Bar Council of India.

Answer: B

Explanation: To prevent “forum shopping,” Section 27 of the Advocates Act, 1961 explicitly states that no other State Bar Council shall entertain the application except with the previous written consent of both the refusing Council and the Bar Council of India.

37. Utkarshh and Yashh are debating administrative powers. According to Section 28, which body is empowered to make rules regarding the form in which an application for enrolment shall be made and the manner of its disposal?

A) The Parliament of India

B) The Bar Council of India

C) The State Bar Council

D) The Ministry of Law and Justice

Answer: C

Explanation: Section 28 of the Advocates Act, 1961 grants the State Bar Council the power to make rules to carry out the purposes of Chapter III, which covers the specific forms and disposal procedures of state-level applications.

36. Niharica, a national of a foreign country, wishes to be admitted as an advocate in India. Under the proviso to Section 24(1)(a) of the Advocates Act, 1961, under what condition is this allowed?

A) If they have permanently resided in India for at least five years.

B) If they are married to an Indian citizen.

C) If Indian citizens, duly qualified, are permitted to practice law in that foreign country.

D) If they obtain special permission from the Supreme Court.

Answer: C

Explanation: The proviso to Section 24(1)(a) of the Advocates Act, 1961 is based entirely on the principle of international reciprocity; foreign nationals can enroll if their home country extends the same privilege to Indian citizens.

35. Shalinee and Nidhii are reviewing the right of pre-audience under Section 23 of the Advocates Act, 1961. Who has the right of pre-audience immediately following the Attorney-General of India?

A) The Additional Solicitor-General of India

B) The Solicitor-General of India

C) The Advocate-General of any State

D) Senior Advocates

Answer: B

Explanation: Section 23 of the Advocates Act, 1961 establishes the statutory hierarchy of pre-audience: the Attorney-General ranks first, followed immediately by the Solicitor-General of India.

Q.34: Sushruti, an advocate appearing for the prosecution in a criminal trial, discovers a material piece of evidence that clearly establishes the innocence of the accused. However, she decides to suppress this evidence to ensure a conviction.

With reference to BCI Rules, which of the following statements is correct?

A) Sushruti is justified as her primary duty is to secure a conviction for the State.

B) Sushruti has violated BCI PART VI- Rule 16, as an advocate for the prosecution must not suppress material capable of establishing the innocence of the accused.

C) Sushruti is only bound to disclose evidence that helps her own case, not the defence.

D) Sushruti has violated Rule 20, which prohibits suppressing financial records.

Key: (B)

Explanation: Rule 16 states that an advocate appearing for the prosecution of a criminal trial shall so conduct the prosecution that it does not lead to conviction of the innocent. The suppression of material capable of establishing the innocence of the accused shall be scrupulously avoided.

Q.33: Consider the following statements regarding Advocate Parsenjeet’s conduct:

Statement (I): Parsenjeet acted on the instructions of his client’s brother, who was not the authorized agent, to settle a compromise in a suit.

Statement (II): An advocate is bound to act on the instructions of any person who is related to the client.

A) Both Statement I and Statement II are correct.

B) Both Statement I and Statement II are incorrect.

C) Statement I is correct, but Statement II is incorrect.

D) Statement I is incorrect, but Statement II is correct.

Key: (B)

Explanation: Both are incorrect. According to BCI PART VI- Rule 19, an advocate shall not act on the instructions of any person other than his client or his authorised agent. Being a relative does not automatically make one an authorized agent.

Q32: Rincu, an advocate, enters into an agreement with his client where he stipulates that his fee will be 20% of the property value if and only if the litigation ends in success.

Which specific BCI PART VI- rule prohibits this conduct?

A) Rule 18

B) Rule 20

C) Rule 21

D) Rule 24

Key: (B)

Explanation: BCI PART VI -Rule 20 states that an advocate should not charge for his services depending on the success of the matter undertaken (contingency fee), nor charge a percentage of the amount or property received after success.

Q31: Kannika, an advocate, wishes to purchase an actionable claim appearing in a case where she is not the counsel. Under BCI PART VI- Rule 21, can she do so?

A) Yes, because she is not the counsel in that specific case.

B) No, an advocate shall not buy or traffic in or stipulate for any share or interest in any actionable claim.

C) Yes, provided she takes permission from the Bar Council.

D) No, unless the actionable claim is related to government securities.

Key: (B)

Explanation: Rule 21 prohibits an advocate from buying or trafficking in or stipulating for any share or interest in any actionable claim. It does not distinguish whether they are the counsel in that specific matter or not (unlike Rule 22 which is specific to execution sales in cases they are engaged in).

Q.30: Princee acts as an advocate in a property dispute suit. The court orders the sale of the property in execution of the decree. Princee wants to bid for this property in her own name.

Is Princee allowed to do so?

A) Yes, if she obtains the court’s permission.

B) Yes, if the client gives written consent.

C) No, Rule 22 specifically prohibits an advocate from bidding for property sold in execution of a decree in a suit where she was professionally engaged.

D) No, unless she resigns from the case 24 hours prior.

Key: (C)

Explanation: BCI PART VI- Rule 22 states an advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, any property sold in the execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged.

Q29: (Assertion-Reason)

Assertion (A): Advocate Zafar cannot adjust the fees payable to him by his client against his own personal liability to the client.

Reason (R): This prohibition applies even if the liability arises in the course of his employment as an advocate.

A) Both A and R are true and R is the correct explanation of A.

B) Both A and R are true but R is NOT the correct explanation of A.

C) A is true but R is false.

D) A is false but R is true.

Key: (C)

Explanation: BCI PART VI- Rule 23 states an advocate shall not adjust fees payable to him by his client against his own personal liability to the client, which liability does not arise in the course of his employment as an advocate. If the liability arose in the course of employment, the rule might not bar adjustment. Thus, the Reason is false because the rule specifies the liability must be one that does not arise in the course of employment.

Q.28: Regarding BCI PART VI- Rule 24, consider the case of Advocate Satis:

1. Satis must not abuse the confidence reposed in him by his client.

2. Satis can take advantage of the client’s confidence if it benefits the public interest.

Which of the statements given above is/are correct?

A) 1 only

B) 2 only

C) Both 1 and 2

D) Neither 1 nor 2

Key: (A)

Explanation: Rule 24 is absolute: An advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client. There is no “public interest” exception written into this specific rule for abusing confidence.

Q27: Hritika, an advocate, is maintaining accounts for her client’s money. Which of the following details must be shown in the accounts according to Rule 25?

1.Amounts received from the client or on his behalf.

2. The expenses incurred for the client.

3. The debits made on account of fees with respective dates.

4. The personal household expenses of the advocate.

Select the correct answer using the code given below:

A) 1 and 2 only

B) 1, 2 and 3

C) 2, 3 and 4

D) 1 and 3 only

Key: (B)

Explanation: BCI PART VI- Rule 25 requires the advocate to keep accounts showing: amounts received, expenses incurred, and debits made on account of fees with respective dates and all other necessary particulars. Personal expenses of the advocate (4) are not part of client accounting.

Q.26: Advocate Abiseka receives ₹50,000 from a client for court expenses. He wants to divert ₹20,000 of this amount towards his own unpaid fee.

Under BCI PART VI- Rule 26, what is the mandatory condition for Abiseka to do this?

A) He must verbally inform the client.

B) He must obtain the consent in writing of the client concerned.

C) He can do it unilaterally if the fee is overdue by 3 months.

D) He cannot do it under any circumstance.

Key: (B)

Explanation: BCI PART VI- Rule 26 states that where moneys are received from or on account of a client, the entries in the accounts should contain a reference as to whether the amounts have been received for fees or expenses and during the course of the proceeding, no advocate shall, except with the consent in writing of the client concerned, be at liberty to divert any portion of the expenses towards fees.

Q.25: Advocate Niteesh Thakor receives a settlement amount on behalf of his client from the opponent. Under BCI PART VI- Rule 27, what is his immediate duty?

A) Invest the money in a high-yield fixed deposit.

B) Intimate the client as early as possible.

C) Wait for the client to ask for the money.

D) Deduct his fee and remain silent.

Key: (B)

Explanation: BCI PART VI- Rule 27 states that where any amount is received or given to him on behalf of his client, the fact of such receipt must be intimated to the client, as early as possible.

Q.24: Advocate Yojita’s proceedings for a client have terminated, but the fee was left unsettled. According to BCI PART VI- Rule 28, Yojita is entitled to:

A) Deduct the fee payable under the rules of the Court from the client’s money remaining in her hands and refund the balance.

B) Keep the entire amount until the client agrees to a bonus.

C) Forfeit the entire amount.

D) Cannot deduct any amount without a fresh written agreement.

Key: (A)

Explanation: BCI PART VI- Rule 28 allows an advocate, after the termination of proceedings, to deduct the fee payable under the rules of the Court (if unsettled) from the client’s money in hand and refund the balance.

Q23: Advocate Abhinit’s client demands a copy of his account regarding the money entrusted to Abhinit during the case.

According to Rule 30, which of the following is correct?

A) Abhinit can refuse as accounts are privileged.

B) Abhinit must provide a copy, subject to the payment of necessary copying charges.

C) Abhinit must provide a copy strictly for free.

D) Abhinit need only show the account but not provide a copy.

Key: (B)

Explanation: BCI PART VI- Rule 30 states that a copy of the client’s account shall be furnished to him on demand provided the necessary copying charge is paid.

Q22. Which of the following acts are prohibited for Advocate Krappo Yomgamm under BCI PART VI-Rule 31 and Rule 32?

1.Entering into arrangements whereby funds in his hands are converted into loans.

2.Lending money to his client for the purpose of any legal proceeding in which he is engaged.

3. Making a payment to the Court on account of the client for the progress of the suit (without arrangement).

Select the correct option:

A) 1 and 2 only

B) 2 and 3 only

C) 1 and 3 only

D) 1, 2 and 3

Key: (A)

Explanation: BCI PART VI- Rule 31 prohibits converting funds into loans. Rule 32 prohibits lending money to the client for the legal proceeding. However, Rule 32 has a proviso: An advocate cannot be held guilty if he feels compelled by the rule of the Court to make a payment to the Court on account of the client for the progress of the suit. Thus, statement 3 is allowed, making 1 and 2 the prohibited acts.

Q.21: Consider the following statements regarding BCI Rules on Professional Standards:
(a) Rules regarding professional standards and etiquette of advocates are contained in Chapter II, Part VI of the BCI Rules.

(b) These rules are framed under Section 49(1)(c) of the Advocates Act, 1961.

(c) These rules apply to all employees of the Bar Council of India.

How many of the statements written above are correct?

Options:

only one
only two
all three
none of the above

Key and explanation: Option 2 (only two) is correct.
(a) Correct → Professional standards & etiquette are in Part VI, Chapter II of BCI Rules.
(b) Correct → BCI makes these rules under Section 49(1)(c), Advocates Act 1961.
(c) Wrong → Rules apply to advocates, not employees of the Bar Council.

(b) Alie Shah, an advocate, privately meets the judge in his chamber to discuss the merits of a pending case without the presence of the opposite party and later claims it was not a private communication.

Q.20: Consider the following situations regarding the professional conduct of advocates under the BCI Rules:
(a) Krunal, an advocate, shouts at a judge in open court, accuses the court of fraud and threatens the judge after an adverse order.

(c) Veenayak, an advocate, appears before the High Court without wearing a band and gown and argues that the dress code for lawyers violates his freedom of expression under Article 19 of the Constitution.

(d) Niharita, an advocate, respectfully requests an adjournment due to genuine difficulty and maintains courtesy towards the court and the opposite counsel even when the opposite counsel uses rude language.

Which of the above amount(s) to professional misconduct?

options:

1. only (a), (b), & (c)

2. only (a) & (b)

3. only (d)

4. all the above statements

Key and explanation: option (1) is correct.

BCI Rules — (Part VI, Chapter II: Standards of Professional Conduct & Etiquette)
(a) Krunal — shouting, accusing fraud, threatening judge
Rule No.: Rule 1 – The advocate shall maintain dignity and respect towards the court.
Rule No.: Rule 2 – Shall not influence or intimidate the court and must not use scandalous language.
➡ Professional Misconduct ✔
(b) Alie Shah — private meeting with judge in pending case
Rule No.: Rule 3 – The advocate shall not communicate in private with a judge relating to a pending case (no ex-parte communication).
➡ Professional Misconduct ✔
(c) Veenayak — refusal to wear band & gown
Rule No.: Rule 5 – Advocate shall appear in court only in the prescribed dress (advocate’s uniform).While in
➡ Professional Misconduct ✔
(d) Niharita — polite behaviour and genuine adjournment request
Rule No.: Rule 36 (read with general duty of fairness and courtesy to colleagues and court) – Advocate must maintain courtesy and fairness.
➡ Not misconduct ✘

Q.19. With reference to the judicial pronouncements related to the conduct of advocates, consider the following pairs:

Case Principle : Ruling

In Re: Vinay Chandra Mishra (1995): Shouting at a judge or threatening them amounts to misconduct.
Prayag Das v. Civil Judge (1973): Prescribing a dress code for lawyers violates Article 19 (Freedom of Expression).
R.K. Anand v. Registrar, Delhi HC (2009): Attempting to influence a witness or court process is a violation of the rule against private influence.

Which of the pairs given above is/are correctly matched?

Options:

only (1) & (2) only
Only (1) & (3) only
Only (2) & (3) only
None

Key and explanation: option (2) is correct.

In Re: Vinay Chandra Mishra (1995) ✔
Threatening / shouting at judge = professional misconduct + criminal contempt
Correct BCI Rules (Part VI, Ch. II, Sec. I — Duty to Court):
Rule 1: Act in a dignified manner before the court
Rule 2: Maintain respectful attitude toward the court
(Also: Sec. 35 Advocates Act, 1961; Sec. 2(c) Contempt of Courts Act, 1971)
Prayag Das v. Civil Judge (1973) ✘
Dress code valid; NOT violation of Art. 19.
BCI Rule (Dress):
Part VI, Chapter IV — Rule 1: Dress & appearance of advocates (black coat, band, gown where prescribed)
(Framed under Sec. 49 Advocates Act)
R.K. Anand v. Registrar, Delhi High Court (2009) ✔
Influencing witness/trial = misconduct & contempt
BCI Rules (Duty to Court):
Rule 3: Shall not influence decision by illegal or improper means
Rule 4: Shall not communicate privately with a judge regarding a pending case
Rule 15: Shall not appear in matters involving conflict or misuse of process (read with fairness to witnesses/justice)
Also Sec. 2(c)(ii) Contempt of Courts Act — interference with judicial proceeding

Q.18: With reference to Rule 4 of the Bar Council of India Rules, consider the following statement:
“An advocate is responsible only for their own actions and cannot be held accountable if their client independently resorts to sharp or unfair practices.”
Is this statement correct?

(a) Yes, because the client is the master of the suit and acts independently.
(b) Yes, because an advocate’s duty is limited to legal representation, not moral policing.
(c) No, because the advocate has a positive duty to use their best efforts to restrain and prevent the client from unfair practices.
(d) No, because the advocate is legally liable for all criminal acts committed by their client.

Key and Explanation: Answer: (c)
BCI RULES: Part VI (Rule 4) explicitly places a duty on the advocate to “use his best efforts to restrain and prevent his client” from doing anything the advocate themselves ought not to do (like unfair practices). An advocate cannot simply say, “My client did it, not me.”

Q.17: The Bar Council of India Rules explicitly link the “Respectful Attitude” of an advocate to a broader societal necessity. According to the text of the rule, the dignity of the judicial office is essential for which of the following?

(a) The efficient disposal of cases and reduction of pendency.
(b) The survival of a free community.
(c) The protection of the client’s fundamental rights against the State.
(d) The upholding of the Constitution’s basic structure doctrine.

Key and Explanation: Answer: (b)
Reasoning: This is a direct recall question based on the text of BCI Rules – Part VI, Rule 2, which states, “An advocate shall maintain towards the courts a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community.”

Q.16: Consider the following statements regarding the Bar Council of India (BCI) under the Advocates Act, 1961:
(a) The Bar Council of India is constituted under Section 4 of the Act.
(b) The Attorney-General for India and the Additional Solicitor-General of India are ex-officio members of the BCI.
(c) The Chairman and Vice-Chairman of the BCI are elected for a fixed term of one year.
(d) The Bar Council of India is a body corporate having perpetual succession and a common seal.
Which of the statements given above are correct?
Options:

1. (a) and (d) only
2. (a), (b) and (d) only
3. (b), (c) and (d) only
4. None

Key and Explanation: Correct Answer: Option 1 — (a) and (d) only
Under the Advocates Act, 1961:
(a) ✔ Correct — Section 4: Constitution of Bar Council of India.
(b) ✘ Incorrect — Section 4(1)(a): Ex-officio members are the Attorney-General of India and Solicitor-General of India only (not the Additional SG).
(c) ✘ Incorrect — Section 4(2): Chairman & Vice-Chairman are elected, but no fixed 1-year term is provided in the Act.
(d) ✔ Correct — Section 5: BCI is a body corporate with perpetual succession and a common seal.

Q.15: Consider the following statements regarding State Bar Councils under the Advocates Act, 1961:
1. State Bar Councils are constituted under Section 3 of the Act.
2. The Advocate-General of the State is an ex-officio member of the State Bar Council.
3. Where the electorate exceeds 10,000 advocates, a maximum of 20 members are elected to the State Bar Council.
4. Elections to State Bar Councils are conducted by the system of proportional representation by means of the single transferable vote.
Which of the statements given above are correct?
Options:

1. (a) and (d) only
2. (a), (b) and (d) only
3. (b), (c) and (d) only
4. None

Key and Explanation: Answer: Option 2. (a), (b) and (d) only
Statement (a) — Correct
Section 3 → Constitution of State Bar Councils.
Statement (b) — Correct
Advocate-General = ex-officio member.
Statement (c) — Incorrect
Law does not say “maximum 20 members”.
Actual rule (Sec. 3(2)):
Up to 5,000 advocates → 15 members
5,000–10,000 → 20 members
Above 10,000 → 25 members
Statement (d) — Correct
Election method = Proportional Representation by Single Transferable Vote (PRSTV)
(NOT first-past-the-post).

Q.14. Harish Vardhan is a practicing lawyer. His father-in-law has just been appointed as a District Judge in the same court complex where Harish practices.
According to BCI Rules -Part VI (Rules of Professional Standards), Chapter II, what is Harish Vardhan restricted from doing?
(A) Harish can appear before his father-in-law provided he discloses the relationship to the opposing counsel.
(B) Harish cannot appear, act, or plead in that specific court where his father-in-law is the presiding officer.
(C) Harish must transfer his practice to a different state entirely.
(D) There is no restriction; the judge is expected to be unbiased.

Key and Explanation:Correct Answer: (B)
The Rule: This situation is governed by Rule 6 of the Bar Council of India (BCI) Rules (Part VI, Chapter II, Section I – Duty to the Court).
The Restriction: An advocate is strictly prohibited from practicing or appearing before any judicial authority if the presiding officer is related to them.
Specified Relationships: The rule explicitly lists “father-in-law” as one of the prohibited relationships (along with father, son, wife, brother, etc.).
Objective: This ensures the impartiality of the judiciary and prevents any conflict of interest or bias in the administration of justice.

Q. 13: A client approaches Maheema, an advocate, to fight a property dispute case. The client cannot pay fees upfront, so Maheema agrees to take the case on the condition that if they win, she will keep 30% of the property’s market value as her fee.
Under BCI Rules Part VI (Rules of Professional Standards), is this arrangement valid for Maheema?
A) Yes, this is a standard “contingency fee” arrangement.
B) Yes, provided the agreement is in writing.
C) No, an advocate should not act in a matter in which she has a pecuniary (financial) interest.
D) No, unless the Bar Council gives special permission.

Key and Explanation: Correct answer (C)
•Rule 20 (BCI Rules, Part VI, Chapter II): Explicitly prohibits an advocate from stipulating a fee that is contingent on the results of the litigation or agreeing to share the proceeds of the case.
•Rule 9 (BCI Rules, Part VI, Chapter II): States that an advocate should not act or plead in any matter in which they have a pecuniary (financial) interest.

•Contingency Fees are Illegal: In India, agreements where a lawyer takes a percentage of the property or winnings (champerty) are strictly void and amount to professional misconduct.
•Conflict of Interest: Taking a share of the property gives the lawyer a personal financial stake in the outcome, compromising their role as an officer of the court.

Property Dispute Fee (Contingency Fee)
Key Case Law: B. Sunitha v. State of Telangana (2018)
The Ruling: The Supreme Court held that an advocate’s fee cannot be based on a percentage of the result of the litigation.
Reasoning: The Court declared that demanding a percentage of the “decretal amount” (compensation or property won) is illegal and amounts to “professional misconduct.”

Q.12: Shivank Teewari, an advocate, is representing a client in a criminal case. The client is granted bail, but the client’s family is out of town and cannot sign the surety bond immediately. The client asks Shivank to sign as the surety to get him released quickly.
As per BCI Part VI (Rules of Professional Standards),Rule 10, can Shivank Teewari do this?
A) Yes, an advocate must do everything possible to help their client.
B) No, an advocate shall not stand as a surety or certify the soundness of a surety for his client.
C) Yes, but only for a temporary period of 24 hours.
D) No, unless the client pays a specific “Surety Fee” to Shivank.

Ans: (B) No, an advocate shall not stand as a surety or certify the soundness of a surety for his client.Explanation: Under Rule 10, Chapter II, Part VI of the Bar Council of India Rules, an advocate is strictly prohibited from standing as a surety for their client. This rule is in place to maintain the advocate’s independence and to prevent a financial or personal stake in the client’s appearance in court, which could lead to a conflict of interest or unethical practices to “protect” the bond.

Q.11: Consider the following statements Regarding BCI RULES (Part VI):
(a) Swarnima applies for enrollment as an advocate. The State Bar Council scrutinizes her qualifications and enters her name in the roll of advocates.
(b) A complaint of professional misconduct is filed against Nidhya Gupta, an advocate. The State Bar Council refers the matter to its Disciplinary Committee for inquiry.
(c) The Bar Council of India decides to directly record evidence and punish Pararthmesh, an advocate, for misconduct without the matter first being dealt with by the State Bar Council.
(d) Goonjan Singh, an engineer, files a criminal cheating complaint against Niraj, an advocate, and requests the Bar Council to conduct the criminal trial.
Which of the above are correct as per the Advocates Act, 1961?
Options:
A.Only (a) & (b)
B..Only (a), (b) & (c)
C.Only (b), (c) & (d)
D.(a), (b), (c) & (d)

Key and Explanation: Correct Answer:
Option 1: (a) & (b)
Brief Explanation of Statements:
(a) Correct: Enrollment is a State Function.
Under Section 24 of the Advocates Act, 1961, the State Bar Council is the authority that scrutinizes applications and enrolls qualified persons as advocates on its roll. The Bar Council of India (BCI) lays down the rules, but the State Council executes the enrollment.
(b) Correct: Disciplinary Power lies with State First.
Under Section 35, when a complaint of professional misconduct is received, the State Bar Council refers the case to its Disciplinary Committee for inquiry. This is the standard procedure.
(c) Incorrect: BCI is primarily an Appellate Authority.
The Bar Council of India (BCI) usually hears appeals against State Bar Council orders (Section 37). While the BCI has original jurisdiction in specific cases (e.g., if a State Council fails to dispose of a case within a year, per Section 36B), it does not generally “directly record evidence and punish” without the matter first being seized by or transferred from the State Council.
(d) Incorrect: Criminal Trials are separate.
A criminal complaint for cheating (Section 420 IPC) is a matter for the Criminal Courts (Magistrate), not the Bar Council. The Bar Council deals with professional misconduct, not criminal trials for cheating.
Important Case Law:
Supreme Court Bar Association v. Union of India (1998): The Supreme Court clarified that the power to punish for professional misconduct rests with the Bar Councils (State and BCI) under the Advocates Act, while the power to punish for Contempt of Court rests with the Judiciary. This distinguishes the roles of the Courts vs. the Bar Councils.
Noratanman Courtois v. M.R. Rajput (2004): The Supreme Court emphasized that the BCI’s disciplinary jurisdiction is largely appellate or acts as a safeguard when State Councils fail to act within the statutory time limit.

Q.10:Assertion (A): The State Bar Council is empowered to admit persons as advocates and maintain the roll of advocates.
Reason (R): Under the Advocates Act, 1961, the function of enrolment of advocates is specifically entrusted to the State Bar Councils.
Options:
A. Both A and R are correct and R is the correct explanation of A
B. Both A and R are correct but R is not the correct explanation of A
C. A is correct but R is incorrect
D. A is incorrect but R is correct

Key and explanation: Correct Option: (A)Both A and R are correct and R is the correct explanation of A.
Explanation:
Assertion (A): True. The State Bar Council admits advocates.
Reason (R): True. The Advocates Act, 1961 specifically assigns the function of enrollment to the State Bar Councils (Section 24), which is the direct legal basis for the Assertion.

Relevant Sections:
Section 6(1)(a): Explicitly states that one of the functions of the State Bar Council is “to admit persons as advocates on its roll.”
Section 24: Details the qualifications for “Persons who may be admitted as advocates on a State roll.”
Important Case Law:
V. Sudeer v. Bar Council of India (1999): The Supreme Court held that the State Bar Council has the primary statutory power to enroll advocates under Section 24, and the BCI cannot impose additional conditions (like pre-enrollment training) that override the Act.

Q.9: Match the following case laws with the correct legal principle relating to the functions and disciplinary control of Bar Councils under the Advocates Act, 1961:
List I (Cases)
(a) Bar Council of Maharashtra v. M.V. Dabholkar
(b) Supreme Court Bar Association v. Union of India
(c) V. Sudeer v. Bar Council of India
List II (Principles)
(i) Disciplinary jurisdiction over advocates primarily lies with Bar Council authorities
(ii) Bar Council of India cannot impose additional enrolment training requirements beyond the Act
(iii) Purpose and scope of disciplinary proceedings and control over professional misconduct of advocates
Options: A. (a)-(iii), (b)-(i), (c)-(ii)
B. (a)-(i), (b)-(iii), (c)-(ii)
C. (a)-(iii), (b)-(ii), (c)-(i)
D. (a)-(ii), (b)-(iii), (c)-(i)

Key and Explanation: The correct answer is Option A: (a)-(iii), (b)-(i), (c)-(ii).

Cases:
(a) M.V. Dabholkar case: Established the Bar Council’s role in handling professional misconduct and maintaining standards.
(b) Supreme Court Bar Association case: Ruled that disciplinary power (like suspending a license) belongs to the Bar Council, not the Court (under contempt).
(c) V. Sudeer case: Ruled that the Bar Council cannot create new training rules for enrolment that aren’t in the Advocates Act.

Q.8: Consider the following statements regarding Bar Council Committees (Sections 9 & 10, Advocates Act, 1961):
(a) Every Bar Council must constitute a Disciplinary Committee
(b) Disciplinary Committee deals with cases of professional misconduct
(c) Members of the Disciplinary Committee are elected by the advocates of the State directly
(d) Bar Council may constitute other committees for its functions
Options:
A. Only (a) & (b)
B. Only (a), (b) & (d)
C. Only (c) & (d)
D. (a), (b), (c) & (d)

Key and Explanation: Correct Option: (B) only(a), (b) & (d)

•Statements (a) & (b) are Correct: Section 9 mandates that every Bar Council must constitute one or more Disciplinary Committees to handle professional misconduct cases.
•Statement (d) is Correct: Section 10 allows Bar Councils to form other necessary committees (like Executive or Enrolment Committees).
•Statement (c) is Incorrect: Members of the Disciplinary Committee are not elected directly by the advocates of the State. They are selected by the Bar Council from its own members (plus one co-opted member).

Q.7: Advocate Rickki is a renowned lawyer practicing in the Delhi High Court. A client approaches him with a brief for a standard civil suit in that court and offers a fee consistent with Rickki’s standing at the Bar. Rickki refuses the brief solely because he personally dislikes the client’s political ideology. Has Rickki violated any rule?
a) No, an advocate has absolute freedom to accept or reject any client.
b) Yes, he violated Rule 11(BCI, PART VI), which binds an advocate to accept a brief in the courts where he practices if the fee is appropriate.
c) No, because the relationship between a lawyer and client is purely personal.
d) Yes, but only if the client is from a vulnerable section of society.

Key and Explanation:Answer:b) Yes, he violated Rule 11(BCI, PART VI).

Rule 11 (often called the “Cab Rank Rule”) states that an advocate is bound to accept any brief in the courts or tribunals where he proposes to practice, provided the fee offered is consistent with his standing at the Bar and the nature of the case. He cannot refuse a brief without a valid or special reason (mere personal dislike is not a valid reason).

Q.6: Advocate Shayani, who has once accepted the brief and then wants to withdraw must:
(a) Have sufficient cause.
(b) Have given sufficient notice.
(c) Have refunded sufficient part of the fees.
(d) All of the above.

Key and Explanation: Answer:(d) All of the above.
According to Rule 12, Chapter II, Part VI of the Bar Council of India Rules, an advocate cannot simply drop a case once accepted. To withdraw properly, they must satisfy three conditions:
1.There must be a valid reason (sufficient cause).
2.They must warn the client in advance (sufficient notice) so the client can find another lawyer.
3.They must return any unearned money (refund sufficient part of the fees).

Q.5: That nature of proceedings in the cases of professional misconduct:
a) Is criminal in nature.
b) Is quasi-criminal in nature.
c) Is civil in nature.
d) Neither civil or criminal.

Key and Explanaton: Answer: b) Is quasi-criminal in nature.

The Supreme Court of India, in the case of An Advocate v. Bar Council of India (1989), held that proceedings for professional misconduct are quasi-criminal. This means the standard of proof required is high (beyond reasonable doubt) because the advocate’s professional reputation and right to practice are at stake.

Q.4: Advocate Karppo is asked to file a lawsuit against Ms. Ananyya. Karppo happens to be a close business partner of Ms. Ananyya in a separate real estate venture. Karppo takes the case without telling his client about this relationship. Which BCI (PART VI) rule has Karppo violated?
a) Rule 11 (Duty to accept brief).
b) Rule 15 (Duty to uphold client interests).
c) Rule 14 (Duty to make full and frank disclosure).
d) Rule 12 (Duty regarding withdrawal).

Key and explanation: Answer: c) Rule 14 (Duty to make full and frank disclosure).

BCI Part VI Rule 14 mandates that an advocate must, at the commencement of his engagement, make a full and frank disclosure to the client of any connection he has with the parties (here, Ms.Ananyya) or any interest he has in the controversy. Failing to disclose this conflict of interest is a violation of the rule.

Q.3: Advocate Anisha Lakara accepted a brief for a criminal trial. Two days before the final arguments, she decides to withdraw from the case to attend a family function, giving her client no prior warning or time to arrange another lawyer. Which condition of BCI (PART VI) Rule 12 has she clearly violated?
a) Failure to refund the fee only.
b) Failure to give reasonable and sufficient notice.
c) Failure to obtain the Bar Council’s permission.
d) She has not violated any rule as advocates can withdraw at any time.

Key and Explanation: Answer:b) Failure to give reasonable and sufficient notice.

BCI PART VI ,Rule 12 states that an advocate cannot ordinarily withdraw from a case once accepted. If they must withdraw, they need sufficient cause AND must give reasonable and sufficient notice to the client so the client can find alternative representation. abandoning the client at a critical stage without notice is professional misconduct.

Q.2: Consider the following statements regarding the functioning of Bar Councils under Sections 12, 13, and 14 of the Advocates Act, 1961:
1. An act done by the Bar Council is deemed invalid if there was a vacancy in the Council at the time the act was performed.
2. No election of a member to a Bar Council can be called in question merely on the ground that due notice was not given to a voter, provided the notice was published in the Official Gazette at least 30 days before the election.
3. The accounts of the Bar Council must be audited by auditors appointed specifically by the State Government.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2, and 3

Key and Explanation: Answer: (b) 2 only

Statement 1 is Incorrect: Section 13 states that no act or proceeding of a Bar Council or any committee shall be called in question merely on the ground of the existence of any vacancy in the Council or committee.
Statement 2 is Correct: Section 14 provides protection to elections. It states that an election cannot be questioned merely for lack of notice to a specific person if the notice was published in the Official Gazette not less than 30 days before the date of election.
Statement 3 is Incorrect: Under Section 12, the accounts are to be audited by auditors appointed by the Bar Council itself (in accordance with rules made under Section 15(2)(m)), not by the State Government.

Q.1: With reference to Section 15 of the Advocates Act, 1961 (Power to make rules), consider the following statements:
1. A State Bar Council has the absolute power to make rules regarding the election of its members without any external approval.
2. The rules framed by a State Bar Council under Section 15 can prescribe the conditions of service for the Secretary and Accountant of the Council.
3. In the case of V. Sudeer v. Bar Council of India (1999), the Supreme Court held that the rule-making power of State Bar Councils under Section 15 includes the power to prescribe pre-enrollment training for advocates.

Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 2 and 3 only

Key and Explanation:Answer:(b) 2 only

Statement 1 is Incorrect: According to Section 15(3) of the Advocates Act, no rules made by a State Bar Council shall have effect unless they have been approved by the Bar Council of India. They do not have absolute/independent power.
Statement 2 is Correct: Section 15(2)(k) explicitly allows the State Bar Council to make rules regarding the qualifications and conditions of service of the secretary, accountant, and other employees.
Statement 3 is Incorrect: In V. Sudeer v. Bar Council of India (1999), the Supreme Court held that the State Bar Council cannot frame rules for pre-enrollment training under Section 15. The court ruled that defining eligibility and training conditions falls under the exclusive domain of the Bar Council of India (Section 24 and 49), not the State Councils.

DU LLB LB-601: ADVOCACY, PROFESSIONAL ETHICS & ACCOUNTANCY SYSTEM – MCQ PRACTICE QUESTIONS (6TH SEMESTER)

A) When the advocate is a Senior Advocate

B) When the case involves a corporate entity

C) When the client is able to pay the same

D) An advocate can never accept a fee lower than the taxable fee

Correct Answer: C

Explanation: Rule 38 BCI (Part VI) aims to prevent undercutting among colleagues by mandating that advocate Sonall charge standard fees if the client has the financial means to pay them.

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A) When the advocate is a Senior Advocate

B) When the case involves a corporate entity

C) When the client is able to pay the same

D) An advocate can never accept a fee lower than the taxable fee

Correct Answer: C

Explanation: Rule 38 BCI (Part VI) aims to prevent undercutting among colleagues by mandating that advocate Sonall charge standard fees if the client has the financial means to pay them.

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