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.
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.
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.
This book addresses as guide for aspirant advocates for Advocate-On-Record (AOR) Exams of Supreme Court of India. The aim is to explore the various types of drafting used in Supreme Court proceedings for AORs. The book consists of a compilation of fourteen chapters. The first chapter of the book discusses the introduction to drafting or pleading for advocate-on-record exams are elaborated. The second chapter discusses Public Interest Litigation – PIL Petition under Article 32 of the Constitution of India. The chapter includes drafting of PIL (Civil) and PIL (Criminal). The third chapter discusses the Writs under Article 32 of the Constitution of India. Basically the writs are of two types, Writs under Article 32 Order XXXV Rule 1 and Rule 2 of Supreme Court Rules, and Specific Writs under Article 32 Order XXXV Rule 7 and Rule 10 of Supreme Court Rules. The fourth chapter discusses the Contempt Petitions under Article 129 of the Constitution of India and Order XXXV Rule 1 and Rule 2 of Supreme Court Rules. The contempt petitions are of two types: Contempt Petition (Civil) under Order LV Rule 3(C) of Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, and Contempt Petition (Criminal) under Order LV Rule 3(C) of Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975. The fifth chapter discusses the Petitions of Plaint and Written Statement in a suit under Article 131 of Constitution of India. The chapter contains Drafting of the Plaint under Order XXIII Rule 1 to 5 of Supreme Court Rules, Summons under Order XXIV Rule 1 to 8 of Supreme Court Rules, and Written Statement on Behalf of Defendant under Order XXV Rule 1 to 10 of Supreme Court Rules. The sixth chapter discusses the Petitions for Special Leave and Statements of cases, etc under Article 132 and Article 133 of the Constitution of India. Majorly Petitions of Appeals are of two types (i) Petitions of Appeal (Civil), and (ii) Petitions of Appeal (Criminal). The seventh chapter discusses the Special Leave Petitions under Article 136 of the Constitution of India. Special Leave Petitions (Civil) under Order XVI of the Supreme Court Rules, and Special Leave Petitions (Criminal) under Order VIII Rule 1 to Rule 11 of the Supreme Court Rules, The eight chapter discusses the Review Petitions under Article 137 of Constitution of India. The review petitions are of two types which are Review Petition (Civil) under Article 137 Read with Order XL Rule 1of the SC Rules and Review Petition (Criminal) under Article 137 Read with Order XL Rule 2 of the SC Rules. The ninth chapter discusses the Caveat Petition under Article 129,137,141, and 142 Read with Order XXI Rule 1 to Rule 11 of the SC Rules. The tenth chapter discusses the Transfer Petitions under Order XVIII Rule 2 of the SC Rules. There are two kinds of Transfer Petitions which includes Transfer Petition (Civil) and Transfer Petition (Criminal). The eleventh chapter discusses the Index, Performa for First Listing, List of Dates, Memo of Parties, Check List and Letter for Circulation. The twelfth second chapter discusses the Curative Petition. The Curative Petition (Civil) under Article 137, 142 and Article 145 (1) (e) Read with Order XLVII Rule 6 of the SC Rules. The thirteenth chapter discusses the Affidavits Drafting like Counter Affidavit, Rejoinder Affidavit, Affidavit for Leave to serve short notice under Order VIII Rule 5(2) of SC Rules, Affidavit under Order XI of SC Rules, and Additional Affidavit under Order XI of SC Rules. The fourteenth chapter discusses the Miscellaneous Applications Application for Initiation of Contempt Proceedings (Article 145 Read with Section 23 of Contempt of Court ct 1971), Application for dispensing with Appeal Record (Miscellaneous Application under Order XVI Rule 11A of SC Rules), Miscellaneous Applications under Order XLVII of SC Rules are divided in to six categories i.e. Application for condonation of delay, Application for Bail, Application for Exemption from Surrender, Application for Stay, Application for Exemption, and Other Applications. I wrote this book especially for aspirant practicing advocates of Supreme Court of India which will certainly help them to understand the various types of drafting used in Supreme Court proceedings for advocate-on-record. This book can be very useful for other practicing advocates who are either practicing in Supreme Court or want to practice in Apex Court.
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
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.
