Advocacy and Professional Ethics Paper III Adcocate-on-Record (AOR) Examination of Supreme Court

Advocacy and Professional Ethics Paper III Adcocate-on-Record (AOR) Examination of Supreme Court

Author: DR. M. K. RAVI

Publisher: DR. M. K. RAVI

Published:

Total Pages: 196

ISBN-13:

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NOTE ABOUT BOOK The book consists of a compilation of eighteen chapters. The concept of a profession; Nature of the legal profession and its purposes; Connection between morality and ethics; Professional Ethics in general:-definitions, general principles, seven lamps of Advocacy, public trust doctrine, exclusive right to practice in Court; History of legal profession in India and relevant statutes; Law governing the profession and its relevance and scope; professional excellence and conduct. Professional, criminal and other misconduct and punishment for it (Ss. 35 and 24(A) and other provisions of the Advocates Act, 1961 and prescribed code of conduct); Duty not to strike; Advertisement/ Solicitation; The rules of the Bar council of India on the obligations and duties of the profession, need to shun sharp practices and commercialization of the profession and the role of the Bar in promotion of legal services under the constitutional scheme of providing equal justice; Role of Bar Council in regulating ethics. Bar Council Rules Chapter-II Standard of professional conduct and Etiquette. Different duties of an advocate lay down in the bar council rules on ethics; Conflict between duties and law to resolve them. Difference between: breach of ethics and misconduct and negligence, misconduct and crime; Perspectives on the role of the profession in the Adversary system and critiques of the adversary system with ethics; Issues of advocacy in the criminal law adversarial system, the zealous advocacy in the criminal defense setting and prosecutorial ethics; Lawyer client relationship, confidentiality and issues of conflicts of interest (Sec. 126 of the Evidence Act); Counseling, negotiation and mediation and their importance to administration of justice. Mediation – Ethical Consideration; Amicus Curiae – Ethical Consideration; Current developments in the organization of the profession, firms, companies etc. and application of ethics; Special role of the profession in Supreme Court Practice and its obligations to administration of justice. Adjournments; Duties of Advocate-on-Record; Supervisory role of Supreme Court; Contempt of Courts; Role of Bar Council and Bar Associations, Role of Bar Council, Role of Bar Association, and Code of Legal Ethics of Bar Associations; Duties of Advocate on Record, Adjournment in Courts; Supervisory Role of Supreme Court, Special Role of the Profession in Supreme Court practice and its Obligations to Administration of Justice; Current developments in the organization of the Profession, Firms, Companies etc. and Application of Ethics; Perspectives on the Role of the Profession in the Adversary System and critiques of the Adversary System vis a vis Ethics; And Comparative study of the Profession and Ethics in various countries, and their relevance to the Bar.


Practice and Procedure Paper I Advocate-On-Record (AOR) Examination of Supreme Court - A Reference Book

Practice and Procedure Paper I Advocate-On-Record (AOR) Examination of Supreme Court - A Reference Book

Author: DR. M. K. RAVI

Publisher: DR. M. K. RAVI

Published:

Total Pages: 283

ISBN-13:

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NOTE ABOUT BOOK This book addresses for aspirant advocates for Advocate-On-Record (AOR) Exams of Supreme Court of India. The aim is to explore the various laws related to Supreme Court proceedings for AORs. The book consists of a compilation of five chapters. The first chapter of the book discusses the introduction to advocate-on-record exams, Eligibility Criteria, Regulations of Advocate-on-Record Examination, Notification Details, and Guidelines for Candidates are elaborated. The second chapter discusses the relevant provisions in the Constitution of India relating to the jurisdiction of the Court which contains Art. 32, Art. 71, and Art.124 of the Constitution of India 2020. The third chapter discusses the Supreme Court Rules and the Sec 2 of Supreme Court Act 1970, Supreme Court Rules, 2013, SC Guidelines for filing of PIL. The fourth chapter discusses the relevant provisions with important sections from AOR exam point of view of various laws like Sec. 38 of Advocates Act 1961, Sec. 30 of Air Force Tribunal Act 2007, Sec. 11 of Arbitration & Conciliation Act 1996, Sec. 25 of Code of Civil Procedure (CPC), Sec. 406 of Criminal Procedure Code (Cr.PC), Sec. 35L of Central Excise Act 1944, Sec. 18 of the Telecom Regulatory Authority of India Act 1997, Sec 53-T of Competition Act 2002, Sec. 19-22-23 of Contempt of Court Act 1971, Sec. 125 of Electricity Act 2003, General Principles of court fees Act, Sec. 261 of Income Tax Act 1961, Sec. 133 of Limitation Act 1963, Sec. 22 of National Green Tribunal Act 2010, Sec. 98-99-116A of Representation of the people Act, 1951. The fifth chapter discusses the Rules to regulate proceedings for Contempt of Court 1975. I wrote this book especially for aspirant practising advocates of Supreme Court of India which will certainly help them to understand the various rules and important provisions of law to understand the practice and procedures for advocate-on-record exams. This book can be very useful for other practising advocates who are either practising in Supreme Court or want to practice in Apex Court.


LEADING CASES Supreme Court Paper IV Advocate-on-Record (AOR) Examination of Supreme Court

LEADING CASES Supreme Court Paper IV Advocate-on-Record (AOR) Examination of Supreme Court

Author: DR. M. K. RAVI

Publisher: DR. M. K. RAVI

Published:

Total Pages: 289

ISBN-13:

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NOTE ABOUT BOOK This book addresses for aspirant advocates for Advocate-On-Record (AOR) Exams of Supreme Court of India. The aim is to explore the various case laws related to Supreme Court for AORs. The book consists of a compilation of sixty four cases. The leading cases includes His Holiness Keshvanand Bharti Sripadagalavaru Vs. State of Kerala (1973) 4 SCC 225, Menaka Gandhi Vs. Union of India (1978) 1 SCC 248, Minerva Mills Ltd. & Ors. Vs. Union of India & Ors. (1980) 3 SCC 625, Sharad Birdhi Chand Sarda Vs. State of Maharashtra (1984) 4 SCC 116, A.R. Antuley Vs. R.S. Nayak & Anr. (1988) 2 SCC 602, Kihoto Holohan Vs. Zachillhu & Ors. (1992) Suppl (2) SCC 651, Indira Sawhaney & Ors. Vs. Union of India & Ors. (1992) Suppl (3) SCC 217, S.R. Bommai & Ors. Vs. Union of India Vs. Ors. (1994) 3 SCC 1, L. Chandra Kumar Vs. Union of India & Ors. (1995) 1 SCC 400, Vallore Citizen Welfare Forum Vs. Union of India (1996) 5 SCC 647, D.K. Basu Vs. State of West Bengal (1997) 1 SCC 416, Mafatlal Industries Ltd. Vs. Union of India (1997) 5 SCC 536, Vishaka & Ors. Vs. State of Rajasthan & Ors. (1997) 6 SCC 241, Githa Hariharan & Anr. Vs. Reserve Bank of India & Ors. (1999) 2 SCC 228, Rupa Ashok Hurra Vs. Ashok Hurra and Anr. (2002) 4 SCC 388, Pradeep Kumar Biswas & Ors. Vs. Indian Institute of Chemical Biology & Ors. (2002) 5 SCC 111, P. Rama Chandra Rao Vs. State of Karnataka (2002) 4 SCC 578, T.M.A. Pai Foundation & Ors. Vs. State of Karnataka (2002) 8 SCC 481 AIR 2003 SC 355, P.A. Inamdar Vs. State of Maharashtra (2004) 8 SCC 139, Technip S. A. Vs. SMS Holding Pvt. Ltd. & Ors. (2005) 5 SCC 465, M/s S.B.P. and Co. & Ors. Vs. M/s Patel Engineering Ltd. & Anr. (2005) 8 SCC 618, Rameshwar Prasad & Ors. Vs. Union of India & Anr. (2006) 2 SCC 1, I.R. Coelho (Dead) by LRs Vs. State of Tamil Nadu (2007) 2 SCC 1, Common Cause (A Regd. Society) Vs. Union of India & Ors. (2008) 5 SCC 511, State of West Bengal & Ors. Vs. The Committee for Protection of Democratic Rights, West Bengal & Ors. (2010) 3 SCC 571, Smt. Solvi & Ors. Vs. State of Karnataka (2010) 7 SCC 263, Re. Special Reference No. 1 of 2012 (Under Article 143(1) of the Constitution of India) (2012) 10 SCC 1, Republic of Italy & Ors. Vs. Union of India & Ors. (2013) 4 SCC 721, Novartis AG Vs. Union of India & Ors. (2013) 6 SCC 1, Dr. Balram Prasad Vs. Dr. Kunal Saha & Ors. (2014) 1 SCC 384, Lalita Kumari Vs. Govt. of U.P. & Ors. (2014) 2 SCC 1, National Legal Service Authority Vs. Union of India & Ors. (2014) 5 SCC 438, Pramati Eductional & Cultural Trust & Ors. Vs. Union of India & Ors. (2014) 8 SCC 1, M/s Kailash Nath Associates Vs. Delhi Development Authority & Anr. (2015) 4 SCC 136, Shreya Singhal Vs. Union of India (2015) 5 SCC 1, Supreme Court Advocate on Record Association Vs. Union of India (2016) 5 SCC 1, Union of India Vs. Sriharan @ Murugan & Ors. (2016) 7 SCC 1, Gujarat Urja Vikas Nigam Ltd. Vs. EMCO Ltd. & Ors. (2016) 11 SCC 182, Mukesh & Anr. Vs. State for NCT of Delhi & Ors. (2017) 6 SCC 1, Excel Crop Care Ltd. Vs. Competition Commission of India & Anr. (2017) 8 SCC 47, Common Cause Vs. Union of India & Ors. (2017) 9 SCC 499, Shayara Bano Vs. Union of India & Ors. (2017) 9 SCC 1, Justice K. S. Puttaswamy (Retd.) & Anr. Vs.Union of India & Ors. (2017) 10 SCC 1, Common Cause (A Regd. Society) Vs. Union of India & Anr. (2018) 5 SCC 1, Municipal Corporation, Ujjain & Anr. Vs. BVG India Ltd. & Ors. (2018) 5 SCC 462, Shakti Vahini Vs. Union of India & Ors.(2018) 7 SCC 192, Navtej Singh Johar & Ors. Vs. Union of India through Ministry of Law and Justice (2018) 10 SCC 1, Justice K. S. Puttaswamy (Retd.) & Anr. Vs. Union of India & Ors. (2019) 1 SCC 1, Jarnail Singh & Ors. Vs. Lachhmi Narain Gupta & Ors. (2018) 10 SCC 396, Joseph Shine Vs. Union of India (2019) 3 SCC 39, Competition Commission of India Vs. Bharti Airtel & Ors. (2019) 2 SCC 521, Swiss Ribbon Pvt. Ltd. & Anr. Vs. Union of India & Ors. (2019) 4 SCC 17, Sangyog Engineering & Construction Co. Ltd. Vs. National Highway Authority of India (2019) 15 SCC 131, Dr. Ashwini Kumar Vs. Union of India & Anr. (2019) SCC Online 1144, Rojer Methew Vs. South Indian Bank Ltd. & Ors. (2020) 6 SCC 1, Central Public Information Officer Supreme Court of India Vs. Subhash Chandra Agarwal (2020) 5 SCC 481, Committee of Creditors of ESSAR Steel India Ltd. Through Authorised Signatory Vs. Satish Kumar Gupta & Ors. (2020) 8 SCC 531, M/s Shanti Conductors Pvt. Ltd. Vs. Assam State Electricity Board & Ors. (2020) 2 SCC 677, Keisham Meghchandra Singh Vs. The Hon’ble Speaker Manipur Legislative Assembly & Ors. (2020) 2 SCR 132, Sushila Agarwal & Ors. Vs. State (NCT of Delhi) & Anr. (2020) 5 SCC 1, Dheeraj Mor Vs. Hon’ble High Court of Delhi (2020) 7 SCC 401, Internet & Mobile Association of India Vs. Reserve Bank of India (2020) 10 SCC 274, Indore Development Authority Vs. Manohar Lal & Ors. (2020) 8 SCC 129, Madras Bar Association Vs. Union of India & Anr. (2020) 2 S.C.R. 246. I wrote this book especially for aspirant practising advocates of Supreme Court of India which will certainly help them to understand the various case laws and important provisions of law to understand the practice and procedures for advocate-on-record exams. This book can be very useful for other practising advocates who are either practising in Supreme Court or want to practice in Apex Court.


Supreme Court's AOR Exam- Leading Cases

Supreme Court's AOR Exam- Leading Cases

Author: Jayprakash Bansilal Somani

Publisher:

Published: 2021-11-30

Total Pages: 216

ISBN-13:

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This book is related to the Supreme Court's AOR Exam- 64 Leading Cases. Case note, Summery findings of the Hon'ble Judges are given for each case. These all are the landmark judgements, which are very important in the practice of the Supreme Court & all the High Courts & in the Tribunals also. Purpose of this book is to give in precise centralised idea of each case with majour principals of law applied & decision given by Hon'ble Judges of the Supreme Court of India. This book will be useful for the Aspirant Advocates for AOR Examination of the Supreme Court of India, Advocates of Supreme Court, High Courts, Tribunals, Trial Courts & Law Students. Author: Jayprakash B. Somani, Advocate Supreme Court of India Assisted by: Aqsa Sahar Call: 8384051134, 9322188701, 9318381287 Website: www.jayprakashsomani.com


Professional Conduct And Advocacy

Professional Conduct And Advocacy

Author: K V Krishnaswami Aiyar

Publisher: Hassell Street Press

Published: 2021-09-10

Total Pages: 274

ISBN-13: 9781015173347

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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


Commentary on Advocates Act, 1961

Commentary on Advocates Act, 1961

Author: Sandeep Bhalla

Publisher: lawmystery.in

Published: 2012-04-02

Total Pages: 1536

ISBN-13:

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Advocates Act, 1961 governs the legal profession in India. According to it there are two classes of lawyers entitled to practice law in India i.e. advocates and Senior Advocates. The Act has provisions for entry into profession as well as discipline and exit from profession. All the three aspects are looked after by the Bar councils created under the Act which is a body of lawyers themselves. Bar Council also frames the Code of Conduct and Rules of Professional Ethics to be followed by every practicing lawyer. This book contains a specific chapter on Professional Ethics covering material from all over the Globe.


How to Save a Constitutional Democracy

How to Save a Constitutional Democracy

Author: Tom Ginsburg

Publisher: University of Chicago Press

Published: 2018-10-05

Total Pages: 306

ISBN-13: 022656438X

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Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.