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Warning: TT: undefined function: 32 Warning: TT: undefined function: 32OSMANIA UNIVERSITY3YLDCPROFESSIONAL ETHICS AND PROFESSIONALISM ACCOUNTINGPaper-V, ALL UNITSIntroductionSections 16 to 28 of the Advocates Act, 1961 deals with the admission and nomination of advocates. The provisions of the Advoc...

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OSMANIA UNIVERSITY 3YLDC PROFESSIONAL ETHICS AND PROFESSIONALISM ACCOUNTING Paper-V, ALL UNITS

Introduction Sections 16 to 28 of the Advocates Act, 1961 deals with the admission and nomination of advocates. The provisions of the Advocates Act, 1961 relating to admission and nomination of advocates can be explained under the following headlines.

Senior Advocate and Other Advocates (SEC 16) Section 16 provides that there will be two classes of lawyers - Senior Advocates and other Advocates. With their consent, an advocate can be nominated as a

senior advocate if the Supreme Court or the High Court is of the opinion that on the basis of their capacity, their position stands. Bar or specialized knowledge or experience in law he deserves such a distinction. The Senior Advocate in terms of his condition shall be subject to such restrictions which were made by the Bar Council of India in the interest of the legal profession. A lawyer of the Supreme Court who was the senior advocate of that court immediately before the date of appointment for this purpose, is considered a senior advocate. It has also been provided that the Senior Advocate shall not accept any brief or instructions directly from the client to appear in any court or tribunal or before any person or other authorities in India.

Declared personally according to a person's role (Section 24) Section 24 of the Advocates Act, 1961 provides for a person who can be admitted as an advocate on the state roll. Section 1 of section 24 states that the advocate shall be a person subject to the provisions of the Act and the rules made thereunder. The state is eligible to be admitted as an advocate on the roll if it fulfills the following conditions1) He is a citizen of India. 2) He has completed the age of 21 years. 3) He has got a law degreeA) Before 12-3-1967 from any university in the territory of India or B) Any area included before that day within India as defined in the Government of India Act before 15-8-1947.

C) After saving 3 years course in law from any university in India as given on 12-3-1967 in sub clause 3A which is recognized by the Bar Council of India for the purpose of this Act. D) After passing a course of study in law of duration which is not less than 2 academic years commencing the academic year 1967-68 or any first academic year from any university in India, which the Bar Council May The purpose of the act is recognized by that of India. E) In any other case from any university outside the territory of India, if the degree is recognized by the Bar Council of India for the purpose of this Act. F) If he fulfills such other conditions as may be specified in the rules made by the State Bar Council for this purpose, he has paid in respect of nomination stamp duty if any of the Indian Stamp Act Is chargeable under and determines the nomination fee.

Sub-section 2 of Section 24 makes it clear that an Advocate or a petitioner who is a law graduate can be admitted as an Advocate on the State Roll if heA) makes an application for such nomination in accordance with the provisions of this Act, not later than 2 years from the day of appointment. B) satisfies the condition specified in b, b, d, and e. Sub-section 3 of section 24 makes it clear that notwithstanding anything in subsection 1, -

A) was entitled to be an advocate, advocate or power of attorney for at least 3 years or to be enrolled under any law under any law as a former advocate of the High Court. Commissioner in any central region. B) to stop the profession of law before 1.12.1961 on the basis of the provisions of any law otherwise entitled than a lawyer or who was so entitled that he was not in public service on the same date. C) Before 1.4.1937, any High Court advocate was included in any area within Burma as defined in the Government of India Act 1935, D) This Behalf is entitled to be enrolled as a lawyer under the rules made by the Bar Council of India.

Probably admitted as a lawyer on the state roll if heA) makes an application for such nomination as per the provisions of this Act. B) satisfies the conditions specified in d) and a) of subdivision 1 of sub 1 of section 24. Case Law In the case of HANIRAJ L. CHULANI V. Bar Council of Maharashtra and GOA The Supreme Court has held that the rule made by the Bar Council prohibits the entry of a person already engaged in any other profession and therefore it is not against Article 14 of the Constitution. It does not impose undue sanctions, as a result, it is not a violation of Article 19 (1) (g), which guarantees all citizens the

right to any profession or to carry on any occupation, trade or occupation. The court has observed that Article 19 (1) (g) does not confer full right to pursue any profession or business, trade or profession. It is subject to clause 6 of article 19, which provides that nothing in sub-clause G of clause 1 of article 19 shall affect the operation of any existing law, as it shall prevent the state from implementing any law. Prohibits or prevents the enforcement of any law, in the interest of the general public, a reasonable restriction on the exercise of the right conferred by the said subdivision.

All India Bar Examination All India bar exam As per Rule 9 of the Bar Council of India, no advocate nominated under Section 24 of the Advocates Act shall be empowered under Chapter 4 of the said Act, unless such advocate in the All India Bar Examination conducted by the Bar Council of India Do not succeed. It has been clarified that for all law students graduating from the academic year 2009 - 2010 and onwards, the examination will be mandatory for enrollment as a lawyer under Section 24 of the Advocates Act. Rule 10 makes provision for All India Bar Examination1) The bar exam will be held at least twice a year. 2) Bar examination will test the advocates in such basic and procedural law areas as the Bar Council of India appoints from time to time. 3) Such basic / procedural law areas and syllabus will be published by Bar Council of India at least 3 months before the scheduled date of examination. 4) The percentage of marks required to pass the bar exam will be determined by the Bar Council of India. 5) An unsuccessful lawyer for the bar examination may reappear, keeping no limit on the number of attempts. 6) The Bar Council of India, through a committee of experts, will determine the appointment of syllabi, recommended reading, paper setters, arbitrators, evaluators, model answers, examination hall rules and other related matters.

7) The Bar Council of India will determine the mode and format of application for the examination. 8) On successful passing in the bar examination, the advocate will be entitled to a certificate.

Disqualification for nomination (Section 24-A) Section 24-A (1) makes provision regarding disqualification for nomination as a lawyer. It provides that no person shall be admitted as an advocate on the state roll. A) If he is guilty of an offense involved in a moral offense. B) If he is convicted of the offense of the Untouchability Act, 1955. Provided that after 2 years have elapsed after his release or dismissal, disqualification for nomination as aforesaid shall have effect. ANHES AHMAD V. In UNHIERSITY OF DELHI, the Delhi High Court has held that no full-time law teacher earning regular salaries can nominate himself as a lawyer.

Rejection of application for admission as an advertisement (Section 26) Section 26 of the Advocates Act states that the State Bar Council shall refer to every application for admission as an advocate in its Nomination Committee and subject to any instructions in writing by the State Bar Council in this regard, The search committee will dispose of it. Application in a prescribed manner. The Bar Council of India, however, may be satisfied in this case either on the reference

made to it or otherwise that a person has registered his name on the role of the Advocate for misrepresentation or fraud. Or with undue influence. After removing the name of such a person from the role of advocate, he should be given an opportunity to listen. Last part of the name from the roll (Section 26A) According to Section 26-A Advocates Act, the State Bar Council can remove from the state roll the name of any advocate who is deceased from whom a request to that effect has been received.

Controversy regarding seniority section 21 According to Section 21 of the Advocates Act, where two or more persons have the same seniority date, one senior in age will be treated as the other. Subject as above, if any dispute arises regarding the seniority of a person, it will be referred to the concerned State Bar Council for decision.

Certificate for Enrollment Section 22 Section 22 of the Advocates Act provides that a certificate will be issued by the State Bar Council for nomination in the prescribed form to every person, whose name is recorded in the role of the advocates placed by him under this Act. Every person whose name has been entered in the State Roll shall notify any change in permanent residence of the Permanent Office of the concerned State Bar Council within 90 days of such change.

Rights of former viewers Section 23 Section 23 of the Act makes provisions in relation to former audiences. 1) The Attorney General of India will have a pre-audience on all other advocates. 2) Subject to the provisions of sub-section 1 stated above the Solicitor General of India shall pre-order all other advocates. 3) Subject as aforesaid A) Senior Advocates will be pre-spectators on other Advocates. B) The authority of the former audience of senior advocates will be determined by the difference of inter and other advocates by their respective seniority.

ETHICS, PROFESSIONALISM AND DUTIES

Introduction Contempt of court means an act or omission that interferes with interference or administration of justice. The Contempt of Court Act 1971 deals with contempt of court. Section 2A of the Contempt of Courts Act 1971 deals with civil contempt and criminal contempt.

Civil contempt Section 2B of the Act provides that civil contempt means disobedience to any decision, decree, instruction, order, writ, or other process of court or dissolution of an undertaking given to a court.

Criminal contempt Section 2C of the Act provides that criminal contempt means publication (whether by words, by words or written or by signs or by visual representation or otherwise) of any matter or by any other act whatever 1) Scandalizes or curtails the right of any court to curtail or diminish. 2) Prejudice or interface interferes with the appointed time of any judicial proceeding 3) Interfere with or interfere with the interface or anyone, administering justice in any other way. However, the above definition contained in Contempt of Courts Act 1961 is not exhaustive. The following are the courts 1) Court-appointed arbitrators and not by parties under the Arbitration Act. 2) Election tribunal was formed under the People's Act 1951. 3) Bar Council of India and their Disciplinary Committee constituted under the Advocates Act. However, it should be noted that the Commission of Inquiry constituted under the Commission of Inquiry is not a court. In K Shamaroo v. Assistant Charity Commissioner, the Supreme Court has held that the court should have the power to grant judgment or authority to contribute to the initial status of the court, including finality and jurisdiction, which is a necessary test of judicial pronouncements. The Assistant Charity Commissioner has appointed the Public Trust Act, a court for the purpose of the Contempt of Courts Act.

Types of contempt of court 1) Civil Contempt 2) Criminal Contempt 1) Civil Contempt (Meaning and Nature) Civil contempt is taken as a process or process involving a personal injury in defiance of a decision, order or other court process. To constitute, civil contempt must be the 2 main elements, disobedience and dissolution of the undertaking given to the court. The purpose of proceedings for civil contempt is not only to punish the thinker, but also to practice enforcement and obedience to court orders. 1) Resolution of public interest by punishment of contempt conduct. 2) to compel the discretion of the court to do what was necessary for him. It is clarified that when a court order is to do or not to do something, it is necessary for a person to comply with that order without any doubt or hesitation. Before complying with the court order, higher authorities should be consulted when they are not committed for contempt of court, they will be asked to give reasons. No officer can take any action against any superior office subordinate to follow a court order. Sometimes superior officers may be held liable for the material themselves if they give instructions contrary to the court order. On his own motion in the Courts. N. s. The Kanwar Punjab and Haryana High Court observed that the order passed by the court of contempt jurisdiction is binding on all concerns. Everyone, whatever it is, is found to follow the court's order. It is the

duty of the court that the public's trust in the institution of the court is not shaken by the executive authority by their disregard of the order of the court. Criminal contempt Section 2C of the Act provides that criminal contempt means publication (whether by words, by words or written or by signs or by visual representation or otherwise) of any matter or by any other act whatever 1) Scandalizes or curtails the right of any court to curtail or diminish. 2) Prejudice or interface interferes with the appointed time of any judicial proceeding 3) Interfere with or interfere with the interface or anyone, administering justice in any other way. The essence of the offense is that the act has been complained of, resulting in a breach of the court's authority or interference with the appointed time of judicial proceedings or administration of justice

In ARUNADHATI ROY, the Supreme Court has held that the allegation contained in the reply file for the contempt notice cannot be contempt in view of Section 499 of the IPC. The law of defamation under the IPC cannot be equated with the law of contempt of court.

Legal Ethics and its Development

Development of legal profession in India Importance of legal profession The legal profession plays an important role in judicial administration.  The lawyer assists the court in arriving at the right decision. Lawyers collect material related to the case and thus help the court or judge to arrive at the correct decision.  Without the assistance of a lawyer, it would be superhuman for the judge to arrive at a satisfactory decision, in fact, the law is too complex.  The language of acts and regulations is often very complex and misleading and easy to understand.  The citizens of the country were required to understand the true meaning of the provisions of the Act and the Regulations for the advice of the advocate.  The lawyer plays an important role in maintaining peace and order in the society. Peace and order is no doubt necessary for the survival of society.

Advocates are dependent on the rights and freedoms of citizens every day against all violations of the law. Lawyer also plays an important role in reforms of law.  Due to the experience gained in daily application and interpretation of law, lawyers are aware of incompleteness, move away from the legal system and the most capable and male class to advise on reforms of the law and promote popular enthusiasm and support for it. Let's make.  The drastic part of the process of law in drafting its provisions and no one is better able to guide it than lawyers. And the advocate is an officer of the court and needs to be maintained towards the court and maintain a respectful attitude towards the court keeping in mind that the dignity of the judicial office is necessary for the survival of the society.  The Supreme Court has rightly held that the legal profession is a partner with the judiciary. Legal profession in pre-British India.  It has not been well decided whether the legal profession existed in British India. However, it is clear that in pre-British India, it was not as organized as it is today. Indeed, the legal profession still exists today and was created and developed during the British period.  But during the Mughal period, the courts were established and operated by Mughal emperors. During the Hindu period, the court derives its authority from the king, who was considered the fountain of justice.

 The king's court was superior to all other courts. Raja was advised by his councilor to hear and decide the matter but he was not bound by the advice.  The lawyers' association as it exists today did not exist during this period. According to RP Kangle- there is no mention in Kautilya's Arthashastra about the existence of legal profession and hence, possibly no such class existed.  But during the Muslim period lawsuits were represented as the bodies of individuals known as vekil.  He was paid a percentage of the amount in the lawsuit. But there was no such institution that controlled lawyers at that time.

Legal profession in British period  The legal profession was not noticed in the earlier days of the British period and it was not well organized.  The East India Company was not interested in streamlining the legal profession. There was no uniform judicial system at the disposal of the East India Company.  The Charter of 1726 introduces the Mayor’s Court in each Presidency City. The Mayor's Court established under the Charter of 1726 was a royal court and took its authority from the British crown and not the Eastern Company Company. The legal profession was not organized.  Many people who did not have knowledge of law were practicing. Judicial administration, including the legal profession, was not of high order. The

Regulation Act of 1773 empowered the British crown to establish the Supreme Court in Calcutta by issuing it for charter.  In the exercise of this power, the British Crown issued a charter in 1774, establishing the Supreme Court in Calcutta. Clause 11 of the character of 1774 empowers the Supreme Court to approve and nominate advocates and lawyers into law.  Bengal Regulation 7 of 1793 became a regular legal profession for the company's court. Under this regulation, only Hindus and Muslims can be nominated as a petitioner.  Bengal Regulation XXVII of 1843 also made provisions for streamlining the legal profession. The Legal Practitioners Act 1846 provided that people of any nationality or of any religion would be eligible to be leaders and lawyers and barristers and rolled into any of their courts in India, which would qualify for companies in the Sadar court.  The High Court of India Act, 1861, occupies an important place in the development of judicial administration in India. It empowers the British Crown to establish a High Court in the Presidency cities.  Criminal courts were properly organized by the Code of Criminal Procedure of 1898. Legal Practitioners Act 1879  In 1879, the Legal Practitioners Act was passed to strengthen and amend the law relating to legal practitioners.  It empowers an Advocate or Advocate on the role of any High Court to present in court all the behavior of the subordinate in the court in which he

was lodged. Apart from the High Court and the High Court of Calcutta, others also allowed the nominees as advocates under certain conditions. Vakil is a person who has a law degree from an Indian university and fulfills certain other conditions.  The meaning of the term "legal practitioner" under the Legal Practitioners Act 1879 is derived from advocates, lawyers or a lawyer and litigants of the High Court.

Indian Bar Committee 1923  In 1923, a committee called the Indian Bar Committee was formed under the chairmanship of Sir Edward Chamber.  The committee was to consider the organization of the bar on this issue on an all-India basis and the establishment of an All India Bar Council for the High Court. ...