Professional Documents
Culture Documents
Advocate-on-Record Examination June-2014 Paper-I: in The Supreme Court of India
Advocate-on-Record Examination June-2014 Paper-I: in The Supreme Court of India
(I)
(II)
1.
What is the source of authority of the Supreme Court to make the Rules for
regulating practice and procedure of the Court? When were they made first?
What are the last major changes brought about in them?
2.
3. What are the basic differences between the powers of High Courts exercisable
under Section
100
115
Civil Procedure?
4. What are the rules of the Supreme Court relating to costs? Is intervener
entitled to costs? Can Advocate-on-Record be personally saddled with costs
5. Write a brief note on the power of the President of India to consult Supreme
Court under Article 143 of the Constitution and the procedure prescribed by
the Supreme Court Rules for such reference.
6. What is the period of limitation for filing criminal appeal? When does the
period commence? What are the essential requirements in a memo of appeal,
when the appellant is sentenced to term of imprisonment?
7. Explain the procedure for making an application for review in (i) civil and (ii)
criminal proceedings. Is further application for review of an order in the same
matter maintainable?
8. What are the Supreme Court's power of transfer of proceedings from one
Court to the other under (i) the Constitution of India (b) the Code of Civil
Procedure and (iii) the Criminal Procedure Code?
JUNE 2014
PAPER II DRAFTING
Total Marks 100
Time 3 hours
INSTRUCTIONS
1. Please attempt all the questions
2. All questions carry equal marks
3. You may assume Names, Dates and other details within
the framework of the questions
4 Weightage will be given for Clarity and Brevity as also
References to Case Laws.
QNo.l
...... 1 ......
QNo.2
Article 282 of the Constitution of India reads as under:"282. Expenditure defrayable by the Union or a State out of its
revenues--- The Union or a State may make any grants for any public
purpose, notwithstanding that the purpose is not one with respect to
which Parliament or the Legislature of the State, as the case may be,
may make laws."
ABC a political party, while releasing its election manifesto for
the State Assembly elections of 2006, announced a scheme for free
distribution of colour television sets ( CTVs) to each and every
household which did not possess the same, if the said party were
elected to power. This scheme was challenged by your client by filing
a writ petition before the High Court on the ground that the
expenditure to be incurred by the State Government for its
implementation out of the State exchequer was unauthorized,
impermissible and ultra vires the constitutional mandates. ABC
having emerged victorious in the elections, the then State Government
decided to implement the scheme in a phased manner. A committee
was constituted headed by the then Chief Minister in order to ensure
transparency in the implementation of the scheme. Your client filed
second writ petition alleging that the scheme was a corrupt practice to
woo the gullible electorates with an eye on the vote bank. Reliance was
placed on Section 123 of the Representation of the People Act 1951
which, inter alia reads as under:
"123. Corrupt practices.-The following shall be deemed to be
corrupt practices for the purposes of this Act:-
-2-
(1) "Bribery", that is to say,-(2) Any gift, offer or promise by a candidate or his agent or by
any other person with the consent of a candidate or his
election agent of any gratification, to any person
whomsoever, with the objects, directly or indirectly, of
inducing(a) a person to stand or not to stand as, or to withdraw or
not to withdraw from being a candidate at an election;
or
(b) an elector to vote or refrain from voting at an election,
or as a reward to-(i)a person for having so stood or not stood or for
having withdrawn or not having withdrawn his
,
candidature; or .
(ii)an elector for having voted or refrained from voting
-----------------------"
The High Court dismissed both the writ petitions holding that
the action of the Government in distributing the CTVs cannot be
branded as a waste of exchequer and that Section 123 of the
Representation of the People act would not apply to the cases in
question.
Draft an appropriate petition for special leave to appeal
against the decision of the High Court dismissing both the writ
petitions.( without any applications and list ofdates )
QNo.3
-3-
QNo.4
(A)
(3)
1.
Paper III of the Regulation Regarding Advocates-on-Record Examinations used
to read "(III) Elementary Knowledge of Book Keeping & Accounts and Professional
Ethics". Paper III now reads "Advocacy and Professional Ethics". Please state when
the description of Paper III was changed & the reasons for the change.
2
Does an Advocate have a lien for his fees on the litigation papers entrusted to
him by the client? Discuss.
3(a). If any Advocate is guilty of professional or other misconduct, to whom is a
complaint in that regard to be made?
(b)
Describe the procedure which that authority is required to follow in order to
dispose of the complaint.
(c)
What are the orders which that authority may make while disposing of the
complaint?
3.
Is an Advocate entitled to maintain a website giving information about himself?
What are the informations which such website may contain?
4. 'The Bar Council of India Rules provide that an Advocate shall not appear in or
before' any Court or Tribunal or any oLl-Ier authority for or against an organization or
an institution, society or corporation if he is a member of the Executive Committee of
such organization or institution or society or corporation. Discuss the reasons for
such a rule.
5.
A lawyer is an officer of the Court and his primary duty is to the Court. However
at all times he should act at the best interest of his client. How can these duties be
reconciled? Discuss.
6.
A lawyer should defend a person accused of a crime regardless of his personal
opinion as to his guilt. Discuss the logic behind this Rule.
the
challenge to
the
(6)Explain the ruling of the Court in Danial Latifi versus Union of India
2001(1)SCC 305? Was the Muslim Women.'s Protection of Rights on
Divorce Act 1986 struck down, if not why not? How did the court
interpret the expression: "reasonable and fair provision to be made and
paid within the iddat period" ?- Would you have st,uck down the Act, and
ifso why?
(7) Explain the concept of equality in Article 14 of the Constitution of India.
How was it applied in D S Nakara versus Union of India 1983 (1)SCC ?
(BJplain
the
distinction
between
'judicial
function'
and