1

PROFESSIONAL ETHICS & PROFESSIONAL ACCOUNTING SYSTEM

Paper – III
[Credit Marks – 4]
• The Bar Council Code of Ethics

• 50 selected opinions of the Disciplinary Committees of Bar

Councils

• 10 major judgments of the Supreme Court on the subject

• Mr. Krishnamurthy Iyer’s book on “Advocacy”

• The Contempt Law and Practice

• Fundamental principles of Accountancy for Advocates

• Other reading materials as may be prescribed by the University

Broad Division of topic Professional Ethics

• Basic concept; Laws relating to Enrolment & Practice , The Bar Council Code of Ethics & Etiquette, Professional
Misconduct , Disciplinary Proceedings, Important Decisions

• Bar-Bench Relations, Responsibility of advocates towards Society

• Duty of Advocates & Judges in Administration of Justice, Contempt of Court , Remedies against interference in the
Administration of Justice & Accountancy for Lawyers

Different Acts which cover the entire syllabus

1. Advocate’s Act, 1961,

2. Relevant Bar Council of India Rules,
3. Relevant Extracts of the Legal Services Authority Act, 1987,
4. Relevant Extracts of Supreme Court Rules & Patna High Court Rules towards Advocate on Record System,
5. Extracts of other laws where discussion about lawyer, legal representative, its right & duties,
6. Contempt of Courts Act, 1971, & Its Rule
7. 50 Cases Laws on Disciplinary Proceedings by BCI, 25 Case laws on Professional Ethics of High Court & Supreme Courts
8. Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015
9. The National Litigation Policy, 2010, with special reference to Bihar State Litigation Policy, 2011

PROFESSIONAL ETHICS & PROFESSIONAL ACCOUNTING SYSTEM

Marking Patters & Lecture Plan (subject to decision of University )

• ATTENDANCE 5

• SURPRISE TEST 10

• MID-SEMESTER 10

• END-SEMESTER 50

• PROJECT WRITTEN 20

• PROJECT PRESENTATION 5

Total Marks = 100

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Detail Lecture Plan for Professional Ethics & Accounting System

Sl. No. Lecture Number Name of Act/ Topic Remark
1. 5-7 lectures Extracts of Advocate’s Act,1961

2. 10-12 lectures Extracts of BCI Rules & different cases

of BCI & BSBC
3. 5-10 Lectures Different Cases on Disciplinary
Proceedings
4. 5-10 Lectures Different Cases on Professional Ethics
decided by Supreme Court of India of
the year 2009- 2017
5. 2 lectures Role of Advocates under Legal
Services Authority Act, 1987

6. 2- 3 Lectures Extracts of Supreme Court Rules &

Patna High Court Rules relating to
professional conduct of an
advocate
7. 3-4 lectures Role of Advocates under different
laws viz. Criminal, Civil, Labour etc.
8. 3-7 lectures Contempt of Courts Act, 1971
9. 3-5 Lectures Accountancy for Advocates By K. Pandey
Finance Officer of
CNLU
Total Lectures 38 -58 Project & Viva Voice shall be taken Note :- Non
strictly on time submission of projects
or non appearance in
Viva exam shall be
subject to deduction
of marks

PROJECT TOPICS

For Section – A & B

Detail Project on Professional Ethics & Accounting System
Sl. No. Roll Number Name of Topic with Remark
latest case laws reported 5 in
Section – A number
1101 Contempt of Subordinate Courts
[Hint – 2015(1) PLJR SC 352 +
2016(3) PLJR SC 152]
1102 Criminal Contempt how proceeded
– Hint. – 2016(3) PLJR SC 307 –
Mahipal Singh Rana Case + 1972 (1)
PLJR SC 277 Sambhu Nath Jha Case)
1103 Contempt by Advocate Hint –
2004(2) PLJR SC 177 BCI case +
2016(3) PLJR SC 307 – Mahipal
Singh Rana Case
1104 Contempt by Public Officers – Hint,
- 2011(4) PLJR SC 97 –Vishram
Singh Raghubansi Case + 2005(3)
PLJR HC 329 – Parwavi Devi Case
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1105 Contempt Jurisdiction of high

court & Supreme court – Hint. -
2004(3) PLJR SC 250 – Dr. Predeep
Kumar Biswas + 2004(4) PLJR SC
162 – State of Bihar Vs Rajendra
Singh & anr.
1107 Defenses of a Civil Contemnor –
Hint 2016(3) PLJR 307-Mahipal
Singh Rana Case + 2002(2) PLJR SC
160 Anil Ratan Sekhar Case
1108 Defences of a criminal contemnor –
Hint. 2016(3) PLJR SC 307 –
Mahipal Singh Rana Case + 2014(3)
PLJR SC 145 – Bal Kishan Giri
1109 Punishment for Contempt for Court
– Hint. 2006(3) PLJR SC 83 – Zahira
Habibullah Sheikh Case + 2002(3)
PLJR SC 39 - In Re Aarundhati Roy
Case + 2003(4) PLJR HC 557 –
Haridwar Pandey Case

1110 Suo-moto Action for Contempt of

Court – Hint. 2016(4) PLJR SC 152 –
Maheshwar Peri Case + 2011(1)
PLJR SC 55 – Dinesh Singh Gupta
1111 Criminal contempt Vs element of
contempt under Criminal law – Hint
. 2001(3) PLJR HC 586 Sri Braj
Kishor Prasad Singh @ Hira ji +
2005(1) PLJR SC 453 – M.P. Lohia
1112 Ratio of Supreme Court Bar
Association Vs Union of India AIR
1998 SC 1895
1114 Ration of M.B.Sanghi , Advocate Vs
High Court of P & H AIR 1991 SC
1834
1115 Ration of R.K.Garg, Advocate Vs Jurisdiction of S.C.
State of Himachal Pradesh AIR under contempt of
1981 SC 1382 Court act
1116 Ration of Vinay Chandra Mishra
Case AIR 1995 SC 2348
1117 Ratio of Arundhati Roy Case (2002)
3 SCC 343
1118 Ratio of Chandra Sekhar Soni Vs BC
of Rajsthan & ors. AIR 1983 SC
1012
1119 Ratio of An Advocate Vs B.B. Privileged
Haradara Communication
AIR 1989 SC 245 Between Lawyer &
Clients
With latest Rulings
1120 Ratio of UP Sales Tax Association
Vs Taxation Bar Association AIR
1996 SC 98
1121 Ratio of V.C.Rangadurai Vs D.
Gopalan
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AIR 1979 SC 281

1123 Litigation Policy of India
1124 Bihar State Litigation Policy, 2011
1125 Recent Judgments on Litigation
Policy
1126 Changing Role of Advocates in the
present legal system
1127 Developing coordination among Refusal to defend
various state bar councils of states accused amounts to
– is a legal necessity misconduct
1128 Developing coordination among
various Bar Councils of SCCARC
Countries – is a legal necessity
1129 Election System under Advocates
Act, 1961
1130 Is there any classification among
the advocates other then shown in
Advocates’ Act, 1961 necessary
1131 Problems of witness protection in
India – Role of advocates in it
1132 Advocacy should be converted into
Hospitality Service – Views of
different legal personality on it
1133 AIR 2014 SC850 "In Re : Criminal Contempt of
Rameshwar Prasad Goyal" Court and its usability
Advocates’ role in administration with special reference
of justice. to different courts in
India
1134 Role of Advocate as discussed in
AIR 2014 SC2925 "State of
Rajasthan v. Surendra Mohnot"

1136 AIR 2012 SUPREME COURT 628

"Dhanraj Singh Choudhary v.
Nathulal Vishwakarma"
- Cross appeal - Maintainability
under
Disciplinary Committee

1137 AIR 2010 SUPREME COURT 1384

"Poonam v. Sumit Tanwar"
Whether absence of proper
assistance to Court by the lawyer,
amounts to profession misconduct
1140 AIR 2014 SUPREME COURT 944
"Narain Pandey v. Pannalal
Pandey"
AN advocate filing vakalatnama
without any authority whether
misconduct

1141 AIR 2013 SC (Supp) 70 "H. P.

Scheduled Tribes Employees
Federation Vs. Himachal Pradesh S.
V. K. K."
Advocate is an officer of Court and
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not mouthpiece of his client.

1142 AIR 2013 SC (Supp) 352 "Deepak Dhanraj Singh

Aggarwal Vs. Keshav Kaushik" Choudhary Case
Right to practice – Cross Appeal
maintainability under
Advocate’s Act
1144 Profession Misconduct & its
Remedies

AIR 2013 SUPREME COURT 3589

"K. Vijaya Lakshmi v. Govt. of
Andhra Pradesh"

1145 AIR 2012 SC (Supp) 621 "Union

Public Service Commission v. Gyan
Prakash Srivastava"

1146 Resolution of Bar Association that Advocacy whether to

Lawyers will not defend certain be converted into
accused persons whether Hospitality Services
Misconduct

1147 Resolution to boycott the court –

whether misconduct – in the light
of latest cases of PHC & MPHC
1148 AIR 2011 SUPREME COURT 308 "A.
S. Mohammed Rafi v. State of Tamil
Nadu"
“Refusal to defend accused
amounts to misconduct”

1149 AIR 2011 SUPREME COURT 1353

"Kokkanda B. Poondacha v. K. D.
Ganapathi"
Under Bar Council of India Rules
whether SUMMONS to WITNESS
is INHERENT POWERS of BAR
COUNCIL

1150 AIR 2011 SUPREME COURT 2101 Power of Court to

"O. P. Sharma v. High Court of debar an advocate
Punjab and Haryana" from appearing in
Professional conduct and Etiquette Appeal.
of Advocates - Duty of Advocate With Case law
towards Court and client, stated
means a Magistrate only -
whether the Supreme Court is
sacrosanct.
1151
AIR 2010 SUPREME COURT 3363
"Preeti Gupta v. State of
Jharkhand"
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Complaint u/s 498A – What is the

role of the member of Bar

1153 AIR 2007 SUPREME COURT 1342

"Bar Council of India v. Board of
Mang, Dayanand College of Law"
= 2007 AIR SCW 1518
(From : 2000 (4) ESC 2819 (All))
Bar Council of India v. Board of
Mang, Dayanand College of Law
and Ors.
2000 (4) ESC 2819 (All), Reversed.
Interpretation of Statutes -
Harmonious construction.
1154 AIR 2004 SUPREME COURT 311
"New India Assurance Co. Ltd. v. A.
K. Saxena"
Professional duty of Advocate

1155 AIR 2004 SUPREME COURT 1877

"Madhav M. Bhokarikar v. Ganesh
M. Bhokarikar"
ADVOCATE - PROFESSIONAL
MISCONDUCT - Advocate engaging
himself actively in business of
petroleum products

1156 AIR 2004 SUPREME COURT 2227

"Bar Council of India v. High Court
of Kerala"
Right of Advocate to practice - Not
fundamental - But statutory –
(C) Advocates Act (25 of 1961) ,
S.34 - Rules framed by Kerala High
Court , R.11 - Constitution of India ,
Art.14 - ADVOCATE - NATURAL
JUSTICE - Right of Advocates to
practice - Natural justice

1157 Breach of Professional Ethics by

Lawyers against clients
1158 Ration laid down in
AIR 2015 SC 2297 Chander Prakash
Tyagi Vs Benarasi Das
1159 Ration laid down in
AIR 2014 SC 944
Narain Pandey Vs Pannalal Pandey
1160 Ration laid down in
AIR 2005 SC 3280
State of Punjab Vs Shiv Ram & ors
1161 Advocates’ Role in Administration
of Justice
Hint – AIR 2014 SC 850
In Re Rameshwar Pd. Goyal,
Advocate
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1162 Creating of situation – resulting

into recording of False evidence –
Whether Misconduct
Hint. AIR 2016 SC 457
1163 A quasi Criminal Charge – Whether
Misconduct
Hint. AIR 2000 SC 3344
1164 Refusal to return file to Client –
Whether misconduct
Hint. AIR 2000 SC 2912
1165 Practicing Taxi Business – Whether
misconduct –
Hint. AIR 1999 SC 98
1166 In case of Professional Misconduct
– Onus lies on whom
Hint. AIR 1994 SC 975
1167 Whether Principal of Natural
Justice applicable in Disciplinary
Proceeding -
Hint. AIR 1989 SC 245
1168 Improper Legal Advice whether
misconduct
Hint. AIR 1984 SC 110
1170 Acceptance of brief for accused
after appeared for Complainant –
Whether misconduct
Hint. AIR 1983 SC 1012
1171 Distinction between Profession &
Occupation
Hint. AIR 2014 SC 1259
1172 Ratio laid Down in
AIR 2015 SC 3699
Quantum Securities Ltd.
1174 Ratio laid down in
AIR 2015 SC 3558
1175 Comparative study of Legal
Professions in India Vs with
Common Wealth Countries
1176 Comparative study of Legal
Professions in India Vs with SCCAR
Countries
1177 Comparative study of Legal Contempt of Court of
Professions in India Vs with North its usability
American Countries
1178 Comparative study of Legal
Professions in India Vs with African
Countries
1179 Code of Legal Ethics & BCI Rules
1181 Professional Conduct & Advocacy
1182 Comparative study of Enrolment Contempt of Court
Procedure & Practice procedure and its usability in the
w.r.t. rule of BCI 2015 different courts of
India
1183 Methods to be AOR in SC & Duties of an advocate
relevant rules towards other
advocates
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1185 Methods to be AOR in Patna High

Court & relevant rule
1188 Law practice – from the angle of
legal luminaries of India
1189 Role of Bar council in Legal
Education
1191 Role of Bar Council in Practicing
Law

11903 Duty of Lawyer towards Client with

latest case law on this subject
11934 Duty of a Lawyer towards court
with latest case law on this subject
11949 Duty of a Lawyer towards another
advocate with latest case law on
this subject
11966 Professional Misconduct with latest
case law on this subject
119701 Remedies against professional
misconduct with latest case law on
this subject

Section B
1201 Role of Advocate in Legal Aid
Mechanism
1202 Disciplinary Proceedings of Bar
Council with latest case law on this
subject
1203 Role of Bar Council of India in
maintaining standard of advocacy
in India
1204 Role of State Bar Council within
State
1205 Bar-Bench Relation – View of legal
luminaries
1206 Role of advocates in Administration
of Justice
1207 Lawyers and its role in Legislation
1209 Role of Lawyer in Speedy Justice
1210 Contempt of Court and its usability
with latest case law on this subject
1211 Civil Contempt and latest Case laws
on it
1212 Interference with administration of
Justice under Criminal law compare
it with criminal Contempt
1213 Constitutional Validity of Contempt
of Court Act, 1971 with reference
to case law on this subject
1214 Remedies against Civil Contempt to
contemnor with latest case law on
this subject
1215 Remedies against Criminal
Contempt to contemnor with latest
case law on this subject
1216 jurisdiction of High Court under Ethics of Judges and
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contempt of court act with latest Judicial

case law on this subject Administration
1217 Jurisdiction of Supreme Court
under contempt of court act with
latest case law on this subject
1218 Power of Punishment under
Contempt of Court with latest case
law on this subject
1219
How Interference in the
Administration of Justice by the
advocates be identified
1220 Professional misconduct and
remedy against it with latest case
law on this subject
1222 Role of Legal Services Authority in
Justice Delivery Mechanism success
or failure
1223 Role of State Legal Services Defences of a criminal
Authority under Sec. 89 of CPC Contemnor
1224 Role of Lawyers under concept of
Victimology
1225 Role of Lawyers in Plea Bargaing
1226 Ethics of Judges in Judicial
Administration
1227 Role of Police in Victim
Compensation Scheme
1228 Role of Court in Victim
Compensation Scheme
1229 Judge & Judicial Accountability –
View shown in different
Judgments
1230 Role of Court in Plea Bargaining
1231 Case laws on Negligence by
Advocate
1232 Case Laws on Advocate’s duty
towards client
1233 Case Laws on advocate’s duty
towards court
1234 Case Laws on Breach of Trust by an
Advocate
1235 Case Laws of Contempt of Court by
Advocates
1236 Case Laws on Abstaining from Criminal Contempt Vs
Work or Strike from work by Element of Contempt
advocates under Criminal Law
1237 Case Laws on Fraud committed by
Advocate
1238 Case Laws on Civil Contempt
1239 Case Laws on Criminal Contempt
1240 Case Laws on contempt of courts
taken place at other than High
Court & Supreme Court
1241 Case laws on Suo-moto Contempt
1242 Case Laws on imitation of Suo-
moto PIL
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1243 Contempt of Court Act, 1971 a

brief analysis
1244 Legal Privileges and Confidentiality
in India
1245 Procedure for punishment under
Civil Contempt
1246 Procedure for punishment under
Criminal Contempt
1247 AIR 2016 SC 3302 Mahipal Singh
Rana Vs State of U.P. – Power to
punish Contempt – Sec. 38 of Adv.
Act
1248 Principal of One Vote one Bar &
one man one vote – AIR 2016
Del.135
1249 Designating advocate as Senior
Advocate is whether subject to
Judicial Review – AIR 2016 NOC 427
KAR
Right to Practice Law – Whether in
consonance with debarring
advocate from appearing before
Industrial Tribunal – AIR 2016 All 23
Dress Code for Advocates –
Whether Mandatory Hint - AIR
2016 Ker 32
Appearance of non Legal
Practitioner – Whether Permissible
Hint.- AIR 2016 NOC 221 Kar
Role of Lawyer in Speedy Justice
Ratio of
(2002)2 SCC67
Harish Chandra Tiwari Vs Baiju
Mahipal Singh Rana Case

Dr. Anshuman
Faculty, CNLU, Patna