THAKUR RAMNARAYAN COLLEGE

OF LAW.

SUBJECT: PRACTICAL THEORY PROJECT

SUBMITTED BY: DHRUV MISHRA
SUBMITTED TO: Prof. SHUBHANGI KIRWAN
CLASS: F.Y.L.L.B
DIVISION: B
ROLL NO.: 1
YEAR: 2022-2023
 ACKNOWLEDGEMENT

I have taken efforts in this project. However, it would have not been possible without the
kind support and help of many individuals and organization. I would like to extend my
sincere thanks to all of them.
I am highly indebted to Dr. A.K. SINGH, the principal for their guidance and constant
supervision and our professor Ms. SHUBHANGI NIRWAN, for providing necessary
information regarding the project and their support in completing the project.
I would like to thank and appreciate my family and friends for their kind co-operation and
encouragement in developing the project which help me in the completion of this project and
people who have willingly helped me out in their abilities.

DHRUV MISHRA.
 CERTIFICATE
This is to verify that Mr. DHRUV MISHRA student of THAKUR RAMNARAYAN COLLEGE OF LAW
studying for LLB First year, has successfully completed his project as required for the first semester of three
year LLB for the Academic session 2022-2023.

Signature of professor Signature of principal

 Professional Ethics.
Meaning of Professional Ethics:
Fundamental prerequisite of any profession is good ethics. Ethics denotes human behavior to decide
between what is correct and what is wrong. Professional ethics are those set code or moral principles that
govern a person's conduct in a professional workplace or work life. In the legal profession, a lawyer must
obey to professional codes for fair dealing with the client and uphold the self-possession. The Indian
government has established a statutory body known as The Bar council of India under the Advocate
Act,1961.
Professional ethics encompasses an ethical code governing the conduct of persons engaged in the practice of
law as well as persons engaged in the legal sector. All members of the legal profession have a paramount
duty to the court and towards the administration of justice. This duty prevail over all other duties, especially
in the circumstances where there may be a conflict of duties. It is important that legal practitioners conduct
themselves with integrity, provide proper assistance to the court, and promote public confidence in the legal
system. In carrying out their duties, they are required and expected to deal with other members of the legal
profession with courtesy and integrity. Advocates, apart from being professionals, are also officers of the court
and play a vital role in the administration of justice.

Accordingly, the set of rules that govern their professional conduct arise out of the duties that they owe to the
court, the client, their opponents and other advocates. Rules on the professional standards that an advocate
needs to maintain are mentioned in Chapter II, Part VI of the Bar Council of India Rules. These Rules have
been provided under section 49(1)(c) of the Advocates Act, 1961.

Nature of Professional Ethics:

Every profession has its own code of ethics. The legal profession in India is highly competitive and
dynamic. As it has been thoroughly discussed above that the standard of ethics of the legal profession is
codified under Indian law.

The nature of professional ethics is such that it is the essence of the legal profession. It encourages a Lawyer
to act in a dignified manner that is befitting of such a noble profession. Thus, in order to maintain its dignity
and integrity, professional ethics were codified. It brings upon accountability upon the legal professionals
for dishonest, irresponsible and unprofessional behaviour. Furthermore, advocates can lose their license (to
practice at court/firm) if they resort to unethical practices that endanger and tarnish the dignity of the legal
profession.

The main intent behind these legislations is to prevent the exploitation of clients and patients or anyone at
the receiving end of their services and of course to maintain the integrity of the profession. Just like every
other provision and statute these rules and codes are not absolute in nature and can be amended or repealed
as and when need be felt.
Need of Professional Ethics:
The need for codified legal ethics was well explained by the American Bar Association Committee. Law is a
keystone to the arch of Government. Thus, a proper code is needed in order to prevent control of the judicial
system by craft, greed or unworthy motives. Ethics is a way by which an advocate owes a duty to the Bar, a
judge to the Bench of justice. It shall be noted that litigants or clients whom advocates represent don’t
exactly owe the same standard of ethics as an advocate or a judge in a Court. The duty to prevent the client
from resorting to unfair practices is also shouldered by the Bar and the Bench.

The committee also observed that a high standard of legal ethics must be codified in order to further the
administration of justice in a pure and unsullied manner. Every lawyer must follow the prescribed legal
ethics in order to retain membership in a professional organisation.

Modern code of conduct of lawyers:

Professional ethics encompasses a code governing the conduct of professionals engaged in the practice of
law and those engaged in the legal sector in other ways. All of the professionals who work in the legal field
to a certain degree have an essential duty to the court and towards justice. This code of ethics takes
precedence over all other duties, especially when there may be a conflict of duties and the potential for
lawyers to take advantage of their clients’ resources.

It’s important that professionals in the legal field conduct themselves with integrity and provide the best
assistance possible to the court while promoting confidence in the legal system. In carrying out their duties,
professionals in the legal field are required and expected to deal with other members of the same profession
with courtesy and integrity.

Etiquettes:
An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a
privileged member of the community, and a gentleman, bearing in mind that what may be lawful and moral
for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity
may still be improper for an advocate. Without prejudice to the generality of the foregoing obligation, an
advocate shall fearlessly uphold the interests of his client and in his conduct conform to the rules hereinafter
mentioned both in letter and in spirit. The rules hereinafter mentioned contain canons of conduct and
etiquette adopted as general guides; yet the specific mention thereof shall not be construed as a denial of the
existence of others equally imperative though not specifically mentioned.
Distinguish between Professional Ethics and Etiquettes:
Ethics and Etiquette are two concepts that govern the behaviour of human beings. However, there is a
distinct difference between ethics and etiquette. Ethics refer to a set of moral principles that relates to the
difference between good and bad. Etiquette is a customary code which indicates the proper and polite way to
behave in society. The main difference between ethics and etiquette is that ethics relate to principles or
conscience whereas etiquette is related to behaviour.
-Ethics refer to the moral principles that govern our behaviour.
-Etiquette is a set of rules indicating the proper and polite way to behave.

-Ethics are morals. ‘Ethics’ means ‘the science of morals and duties’.

-Etiquette is statutory rules ‘Etiquette’ means ‘the rules of behaviour standards’.

-Ethics are the first stage in a society.
-Etiquette are refined and approved stage, rather to say ‘second stage’.
-Ethics are seen in every kind of human life.
-Etiquette are found only in particular kind of profession or sector country.
-Ethics are inherent in every man.
-Etiquette are published by way of notifications, official gazettes, rules, statutes, etc.
-Ethics are a bundle of habits and morals.
-Etiquette are a bundle of rules.
-Generally Ethics are found in religions.
- Generally, Etiquette are formulated by a particular body authorised to do so.

ETHICS ETIQUETTE:
Ethical behaviour is always a question of what is right, and the how to, when to, and what to of etiquette
attune us to what is called for in certain situations – actions that are recognizably respectful. If you are
walking behind someone going into a store and he unknowingly drops his wallet in front of you, you are
ethically bound to return the wallet. Etiquette ensures that you return the wallet in a helpful, friendly way.

Honesty and respect are the ethical components of etiquette. Etiquette assists ethical action in that there are
ways of couching and phrasing that are needed to smooth out difficult moments.

As an example, at an airport the person checking bags at the counter becomes annoyed with a passenger
because he hasn’t attached the tags on his luggage. He corrects the customer in a tone of voice that is not
friendly. Feelings are obvious; the service agent feeling very correct, and the customer feeling offended. A
little functional etiquette would go a long way, and clearly the person most in need of civility is the service
representative. Unfortunately, the customer walks away with a definite conclusion about the airline.

Both manners and morality should be a part of the institutions in which humans live and work - family,
school, church, companies and other organizations. Etiquette exists to help us see, at the margin, what
should be done to keep interactions and relationships harmonious.
Duty of Lawyers:
● Lawyers have to advise and represent clients in courts, before government agencies, and in private legal
matters.
● Lawyers have to communicate with their clients, colleagues, judges, and others involved in the case.
● Lawyers have to conduct research and analysis of legal problems.
● Lawyers have to present facts in writing and verbally to their clients or others, and argue on behalf of their
clients.
● Lawyers have to prepare and file legal documents, such as lawsuits, appeals, wills, contracts, and deeds .

Advocate’s Duty towards the Court.

1. Appear in proper dress code: An advocate should appear in court at all times only in the dress

prescribed under the Bar Council of India Rules and his appearance should always be presentable.

2. Refuse to appear in front of relations: An advocate should not enter an appearance, act, plead or

practice in any way before a judicial authority if the sole or any member of the bench is related to the

advocate as the father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife,

mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-

law, or sister-in-law.

3. Not to wear bands or gowns in public places: An advocate should not wear bands or gowns in public

places other than in courts, except on such ceremonial occasions and at such places as the Bar Council of

India or as the court may prescribe.

4. Not represent establishments of which he is a member: An advocate should not appear in or before any

judicial authority, for or against any establishment if he is a member of the management of the

establishment. This rule does not apply to a member appearing as “amicus curiae” or without a fee on behalf

of the Bar Council, Incorporated Law Society, or a Bar Association.

5. Not appear in matters of pecuniary interest: An advocate should not act or plead in any matter in

which he has financial interests. For instance, he should not act in a bankruptcy petition when he is also a

creditor of the bankrupt. He should also not accept a brief from a company of which he is a Director.
6. Not stand as surety for the client: An advocate should not stand as a surety or certify the soundness of a

surety that his client requires for the purpose of any legal proceedings.

Advocate’s Duty towards the Client.

1. Not suppress material or evidence: An advocate appearing for the prosecution of a criminal trial should

conduct the proceedings in a manner that does not lead to the conviction of the innocent. An advocate shall

by no means suppress any material or evidence, which shall prove the innocence of the accused.

2. Not disclose the communications between the client and himself: An advocate should not by any

means, directly or indirectly, disclose the communications made by his client to him. He also shall not

disclose the advice given by him in the proceedings. However, he is liable to disclose if it violates Section

126 of the Indian Evidence Act, 1872.

3. An advocate should not be a party to stir up or instigate litigation.

4. An advocate should not act on the instructions of any person other than his client or the client’s

authorised agent.

5. Not charge depending on success of matters: An advocate should not charge for his services depending

on the success of the matter undertaken. He also shall not charge for his services as a percentage of the

amount or property received after the success of the matter.

Advocate’s Duty towards the Opponents.

1. Not to negotiate directly with opposing party: An advocate shall not in any way communicate or

negotiate or call for settlement upon the subject matter of controversy with any party represented by an

advocate except through the advocate representing the parties.

2. Carry out legitimate promises made: An advocate shall do his best to carry out all legitimate promises

made to the opposite party even though not reduced to writing or enforceable under the rules of the Court.
 Bar Council.
The Bar Council of India is a statutory body that regulates and represents the Indian bar. It was created by
Parliament under the Advocates Act, 1961. It prescribes standards of professional conduct, etiquettes and
exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants
recognition to Universities whose degree in law will serve as a qualification for students to enrol themselves
as advocates upon graduation. Section 4 of the Bar Council of India provides: (1) There shall be a Bar
Council for the territories to which this Act extends to be known as the Bar Council of India which shall
consist of the following members, namely:– (a) the Attorney- General of India, ex officio; (b) the Solicitor-
General of India, ex officio; (c) one member elected by each State Bar Council from amongst its members.
Section 4(1-A) of the Act makes it clear that no person shall be eligible for being elected as a member of the
Bar Council of India unless he possesses the qualifications specified in the proviso to sub- section (2) of
section 3.

Legal Aid Committee.

A Bar Council may constitute one or more legal aid committees each of which shall consist of such number
of members, not exceeding nine but not less then five, as may be prescribed. The qualifications, the method
of selection and the term of office of the members of legal aid committee shall be such as may be prescribed.
-(1) A State Bar Council shall constitute the following standing committees, namely:-
(a) an executive committee consisting of five members elected by the Council from amongst its members;
(b) an enrolment committee consisting of three members elected by the Council from amongst its members.
(2) The Bar Council of India shall constitute the following standing committees, namely:-
(a) an executive committee consisting of nine members elected by the Council from amongst its members;
(b) a legal education committee consisting of ten members, of whom five shall be persons elected by the
Council from amongst its members and five shall be persons co-opted by the Council who are not members
thereof.
(3) A State Bar Council and the Bar Council of India may constitute from amongst its members such other
committees as it may deem necessary for the purpose of carrying out the provisions of this Act.

Advocate's Duty to render legal aid

This concept stands true to Article 14 of the Constitution of India which guarantees equality before the law
to all citizens in India. Further, Article 39A of the Indian Constitution guarantees free legal aid to the needy.
It states that the legal system promotes justice on the basis of equal opportunity, and shall provide free legal
aid in any way, to ensure equal opportunities for all the citizens. Rule 46 of Section 6 of the Bar Council of
India states that every advocate shall while practising law bear in mind that any person can be in need of a
lawyer, and it is the duty of the advocate to provide legal assistance without asking for any fees.
Duty To Render Legal aid:
Every Advocate in the Practice of the profession of law bear in mind that any one genuinely in need of a
lawyer is entitled to legal assistance even though he cannot pay for it adequately or fully and that within the
limits of an advocates, economic condition, free legal assistance to the indigent and oppressed is one of the
highest obligations an advocate owes to the society

 An advocate shall establish Legal aid Societies for the purpose of rendering legal assistance to really
poor, backward persons, free of any charge.

 An advocate shall provide legal education to the illiterate and working people by informing them of
their rights and legal provisions in simple language.

 An advocate shall help the local constitutional bodies such as panchayats in village to function on
sound line, so that people may discharge their functions in an enlightened and responsible manner.

 And Advocate shall compose family differences and settle petty disputes and controversies by
amicable settlement.

Advocate Act,1961.
The Indian Advocates Act, 1961 was brought into force to implement all recommendations made by the
All India Bar Committee. This act aims at amending and forming laws related to the legal practitioners and
to provide for the establishment of the State Bar Council and the All India Bar Council.
This act made a provision to set up the Bar Council of India as an autonomous body, which would be given
powers to carry out and discharge certain duties and perform certain functions. According to this act, an
Advocate is defined as “An advocate who has entered any roll under the Advocate’s Act, 1961”. Earlier,
according to the Legal Practitioners Act, lawyers were classified as advocates, lawyers, vakil etc. but this act
scrapped these titles off and put everyone under the single title of advocate. They are then also classified as
“Senior Advocates” and “other advocates” on their merit.

According to this act, advocates have the right to practice in any court. Although the advocates have the
right to practice in any court, there is a provision under this act which provides the courts to allow or deny
an advocate to practice in that court. Under article 32 of this act, the advocate whose name is not registered
under the Advocates Act, can also practice in any court, but only at the discretion of the court.

Features:

1. This act enabled the establishment of the Bar council of India and State Bar Councils.

2. Any advocate cannot enrol himself/ herself in more than one State Council, though he can be
transferred from one state council to another.
 3. The Bar council was given an autonomous stature.

4. It provided for the provisions for similar roll of Advocates throughout the country.

5. It also provided to combine all the laws of the legal system into one.

6. There were various provisions set up for the Bar Council at state and central level.

7. As stated earlier, the different titles like lawyer, vakil was scrapped off and a single title of
Advocate was applied.

Bar and Bench Relation.

Bar-Bench Relation in law refers to the cordial relationship between the Advocates and the Judges. The Bar
(Advocates) and Bench (Judges) play an important role in the administration of justice. The judges
administer the law with the assistance of the lawyers. The lawyers are the officers of the court. They are
expected to assist the court in the administration of justice. As the officers of the court the lawyers are
required to maintain respectful attitude toward the court bearing in mind that the dignity of the judicial
office is essential for the survival of the society. Mutual respect is necessary for the maintenance of the
cordial relations between the Bench and Bar. The opinion of our Supreme Court in the context of Bench-
Bar Relation has been clearly laid down in P.D. Gupta v. Ram Murti and Others1 as follows: "A lawyer
owes a duty to be fair not only to his client but also to the court as well as to the opposite party in the
conduct of the case. Administration of justice is a stream which has to be kept pure and clean. It has to be
kept unpolluted. Administration of justice is not something which concerns the Bench only. It concerns the
Bar as well. The Bar is the principal ground for recruiting judges. Nobody should be able to raise a finger
about the conduct of a lawyer. Actually judges and lawyers are complementary to each other. The primary
duty of the lawyer is to inform the court as to the law and facts of the case and to aid the court to do justice
by arriving at the correct conclusions. Good and strong advocacy by the counsel is necessary for the good
administration of justice. Consequently, the counsel must have freedom to present his case fully and
properly and should not be interrupted by the judges unless the interruption is necessary."

ROLE OF BAR-BENCH RELATION IN RELATION TO ADMINISTRATION OF

JUSTICE
Bar can be a collective term for all the Attorneys who are licensed to practice within the Courts, or a
specific court of any particular State.

Bench means all the Judges taken together as one but different from the Bar. Bench is that part of the Court,
which is considered in its official scope, while the Judges are sitting.
Duties of the Bar:
Advocates assist the court in the administration of justice, they are the officers of the court. Advocates
present the case before the court after collecting material related to that case, and thus helps the court in
arriving at the judgment. In the process of administration of justice, an advocate is a partner of the judiciary.
An advocate shall perform the following duties-

1. A respectful attitude shall be maintained by advocates towards the courts, bringing in mind that
for the survival of the society the dignity of the judicial office is essential.
2. Efforts shall be made by advocates in order to prevent his/her client from adopting unfair
practices concerning the court.
3. By any illegal or improper means, an advocate shall not try to influence the judgment of the court.
4. Dignity and self-respect shall be maintained by an advocate while presenting his/her case in front
of the judge.
5. An advocate shall help the court in the trial of the case by presenting clearly the laws which are
relevant to the particular case.
6. An advocate shall not present any fact in front of the court which he knows to be false.
7. An advocate shall not ask for an adjournment of the case without any sufficient reason.
8. An advocate shall always appear in court in a presentable manner and a prescribed dress. In
public places, he should not wear a gown or bands.
9. If an advocate knows a judge personally he should not practice before him.
10. An advocate shall not interrupt in between when an opposite council or judge is speaking.
11. If an advocate has a monetary interest in any case, he shall not plead in such a case.
12. An advocate shall not represent any organization or institution if he is a member of the executive
committee of such an organization or institution.
13. An advocate shall not apply any personal influence over the decision of the court, nor he should
give any kind of impression that he possesses personal influence with the judge before whom he
practices.

Administration of justice:

Administration means management and justice means to right and equitable implication. By the
administration of justice is meant the maintenance of right with in a political community by means of the
physical force of the state. For sound administration of justice, physical force of the state is prime
requirement.
# Political organized society
# Physical force of the state and
# Maintenance of right as the object
Origin and Growth of the Administration of Justice:
It is the social nature of men that inspires him to live in a community. This social nature of men demands
that he must reside in a society. However, living in a society leads to conflict of interests and gives rise to
the need for Administration of Justice. they involved their elders to settle disputes among them. There we
see developments of minds, starts from natural society to developed and civilized society this is considered
to be the historical basis for the growth of administration of justice.

Once the need for Administration of Justice was recognized, the State came into being. Initially, the so
called State was not strong enough to regulate crime and impart punishment to the criminals. But at present
it is operated by Magistrates and Judges assigned with the same nature of job.

Advocate's Duty to the Court:

An advocate is considered as an officer of the court, honoured member of the community, and a gentleman,
thinking that to become a member of the bar he has to be lawful and moral not only in his professional
capacity but also in his non – professional capacity. An advocate has to courageously support the interest of
his client and also have to follow the principles of ethics and etiquette both in correspondence.

The bar council of India rules, State Bar Council rules mention certain canons of conduct and etiquette as
general guides. Section 49(1)(c) of the Advocates Act, 1961 empowers the bar council of India to make
rules in order to determine the standards of professional conduct and etiquette to be observed by the
advocates. Chapter – II of Part – VI OF The Bar Council of India Rules explaining the rules pertaining
to Advocate's Duty to the Court.
1) An advocate shall, during the presentation of his case and while otherwise acting before a court conduct
himself with dignity and self-respect. He shall not be servile and whenever there is proper ground for
serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper
authorities.

2) An advocate shall maintain towards the court a respectful attitude bearing in mind that the dignity of the
judicial office is essential for the survival of a free community.

3) An advocate shall not influence the decision of a Court by any illegal or improper means. Private
communication with a judge relating to a pending case are forbidden.

4) An advocate shall use his best efforts to restrain and prevent his client from restoring to sharp or unfair
practices or from doing anything in relation to the court, opposing Counsel or parties which the advocates
himself ought not to do. An advocate shall refuse to represent the client who persists in such improper
conduct. He shall not consider himself a mere mouthpiece of the client, and shall exercise his own
judgement in the use of restrained language in correspondence, avoiding scurrilous attack in pleadings, and
using intemperate language during arguments in court.

5 ) An advocate shall appear in court at all times only in the prescribed dress, and his appearance shall
always be presentable .
Duties of Judges:
1) A person who is acting as a Judge in the Court of Law must discharge his duties without fear or favor, ill
will or affection.

2) A Judge must be impartial and must do everything for justice and nothing for himself or his friends or
relatives.

3) A Judge should have patience and gravity of heating. He should allow the advocate or party fullest
opportunity to present case.

4) A Judge should respect the Privilege of Bar.

5) A Judge should sit with a receptive mind. No Judge should form the opinion regarding the merit of the
case till he heard the parties.

6) No Judge Should desire that the Bar Should be servile

7) A Judge must not allow himself to be subjected to any influence other than the influence of law and
justice of the cause.

8) A Judge should avoid a controversial manner or tone in addressing controversial manner or tone in
addressing counsel litigant or witness.

9) A Judge should avoid interruption in the Counsel in their argument and in the examination of the witness.

10) An important duty which the judge owes to the Bar is of consideration and courtesy. He should possess
calm temper.

CONTEMPT OF COURT.
“The term ‘Contempt of Court’ is a generic term descriptive of conduct in relation to particular proceedings
in a court of law which tends to undermine that system or to inhibit citizens from availing themselves of it for
the settlement of their disputes.

This term Contempt of Court can be easily understood as when we are disrespectful or disobedience towards
the court of law which means that we wilfully fail to obey the court order or disrespect the legal authorities.
Then the judge has the right to impose sanctions such as fines or can send the contemnor to jail for a certain
period of time if he is found guilty of Contempt of Court.

In India, the concept of Contempt of Court is defined in Section 2(a) of the Contempt of Courts Act,
1971 which has broadly describe it as civil contempt or criminal contempt.

There are two Articles in the Constitution of India which talk about the Contempt of Court and these
are Article 129 and Article 142(2) .
Civil contempt “- wilful disobedience to any judgment, decree, order, writ or other process of a court4
Criminal contempt " - publication (whether by words. Spoken or written, or by signs, or by visible
representations, or otherwise) of any matter or the doing of any other act whatsoever which-
(i) Scandalizes or lowers or tends to lower the authority of, any court ; or
(ii) Prejudices, or impede or tends to interfere with, the due course of any judicial
proceeding; or
(iii) Interferes or obstructs or tends to obstruct, the administration of justice in any other
manner;
Power of High Court to punish contempt of subordinate courts - Every High Court shall have and
exercise the same jurisdiction, powers and authority, in accordance with the same procedure, in respect of
contempt of courts subordinate to and exercises in respect of contempt of itself:
-Provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect
of a court subordinate Power of High Court to try offences committed or offenders found outside jurisdiction

Punishment for contempt of court:

(1) A contempt of court may be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to two thousand rupees, or with both. :
Provided the accused may be discharged or the punishment which was awarded may be
remitted on apology being made by the person.

Explanation.-An apology shall not be rejected merely on the ground that it is qualified or conditional if the
accused makes it bona fide. [Sec.12] to it where such contempt is punishable.
 Case Laws.
1. Devendra Bhai Shankar Mehta vs Rameshchandra Vithaldas Sheth,
A.I.R. 1992 SC 1398.

The Disciplinary Committee of the Bar Council of India scrutinised and analysed the evidences and materials
on record and by giving elaborate reasoning, the Disciplinary Committee inter alia came to the finding that it
was established beyond reasonable doubt that there was a racket for defrauding and/or cheating to aspirant
loanees and Shri Balubhai Modi and the appellant advocate were parties to such racket.
The Disciplinary Committee had also come to the finding that it was established that the appellant had
received Rs. 10,000 from the complainant-respondent on July 11, 1986. The Disciplinary Committee also
came to the finding that the appellant in connivance with the complainant defrauded the complainant in
receiving large sum of money on the pretext of legal expenses and other incidental costs for advancing the
proposed loan to the complainant but such loan was never advanced to the complainant and instead of
disbursing the loan. Shri Balubhai Modi got a false complaint lodged against the complainant in Social
Security Branch on September 5, 1986. The Disciplinary Committee also came to the finding that a case of
professional misconduct under Section 35 of the Advocates Act, 1961 had been established against the appel-
lant. On the question of punishment to be imposed on the appellant, the Disciplinary Committee of the Bar
Council of India inter alia came to the finding that in the facts and circumstances of the case, the offence of
misconduct commit- ted by the concerned Advocate was of a very serious nature. The Advocate had no feeling
of regret and remorse. There was no extraneous circumstances of the basis of which the mem- bers of
the Committee could persuade themselves to take a lenient and liberal view about the punishment and a lenient
view would not be justified in the facts of the case. The Committee felt that the name of the said Advocate
should be removed from roll of the Advocates. The Disciplinary Commit- tee has noted that
the Committee has taken into consideration the guidelines given by the decisions of this court in several
namely in Re: P an Advocate [AIR 1963 SC 1313] in M. veerbhadra Rao v. Tek Chand AIR 1985 SC 28 for
imposing the punishment on the concerned Advocate. The Disciplinary Committee therefore passed the
following order in exercise of power under Section 35(3)(d) read with Section 36 and 36 B under Section
43 of Advocates' Act, 1961.

After giving careful consideration to the facts and circumstances of the case and materials on record and
arguments advanced at the hearing of the appeal, we, however, do not subscribe to the view that
the Disciplinary Committee of the Bar Council has proceeded with a closed mind and with a definite bias
presumably being influenced by the serious nature of allegation as sought to be contended by the learned
counsel for the appellant. The Judgment and Order under appeal clearly reveal that
the Disciplinary Committee has taken pains in scrutinising and analysing the facts of the case as
dispassionately as practicable. It also appears to us that the weaknesses in the case of the com- plain ant was
not lost sight of and has been specifically adverted to by the Disciplinary Committee even when such infirmity
was not pointed out by the appellant at the hearing. It was contended that Rs.10,000 was not advanced by the
complainant and the case of such advancement of Rs.10,000 to the appellant-advocate by the complainant
himself was false and after thought. The Disciplinary Committee has not only considered the case of the
appellant as argued but has also taken into consideration the other possible argument in favour of the appellant
though not argued. It was on consideration of all aspects of the matter, the Disciplinary Committee has come
to the finding by giving cogent reasons therefor. To illustrate this aspect, reference may be made to paragraph
18 of the judgment under appeal :- "If really A was not merely an advocate, but also a financier, would D utter
the words: "I will pay Rs.10,000 fees to A only after the registration of the documents", and even if he so
utters these words, would C not feel suspect about the same ? In fairness to A. We have addressed this question
to ourselves though A did not address us on this. But in the predicament in which C was placed, in the situation
in which he was made to drive himself from pillar to post and particularly having gone out of pocket to the
tune of Rs 40,000 after com- plying with the necessary formalities so far and keen as he was to get the loan of
Rs. 7,00,000 as early as possible, it is quite possible that his conduct might not be that of a person who would
be one of the accurate calculation and assessment."
2. L.D. Jaikwal v. State of U.P, A.I.R. 1984 SC 1374.

An Advocate whose client had been convicted by the learned Special Judge, Dehradun, was required to appear
before the learned Judge to make his submissions on the question of 'sentence' to be imposed on the accused
upon his being found guilty of an offence under Section 5(2) of the Prevention of Corruption Act by the Court
The learned Advocate appeared in a shirt-and-trouser-outfit in disregard of the rule requiring him to appear
only in Court attire when appearing in his professional capacity, The learned Judge asked him to appear in the
prescribed formal attire for being heard in his professional capacity. The learned Advocate apparently took
umbrage and left the Court. Some other Advocate appeared on behalf of accused who had been found guilty
of a charge of corruption. The learned Judge imposed a sentence of 4 years' R.I. which may have been
considered to be on the high side. The matter in that case could have been carried to the High Court by way
of an appeal, both, on the question of conviction as also, on the question of sentence. But so far as the Court
of the Special Judge was concerned, as the judgment had been pronounced and nothing more remained to be
done by that Court, the matter should have rested there. The appellant, a senior Advocate of long standing (not
an immature inexperienced junior), however made a written application to the learned Special Judge couched
in scurrilous. language making the imputation that the Judge was a "corrupt Judge" and adding that he was "
contaminating the seat of justice". A threat was also held out that a complaint was being lodged to higher
authorities that he was corrupt and did not deserve to be retained in service. The offending portion may better
be quoted:

"I am making a complaint against you to the highest authorities in the country, that you are corrupt and do not
deserve to be retained in service. The earlier people like you are bundled out the better for us all.

As for quantum of sentence, I will never bow down before you. You may award the maximum sentence.
Any way, you should feel ashamed of yourself that you are contaminating the seat of justice "

There is no known provision for making such an application after a matter is disposed of by a Judge. Nor was
any legal purpose to be served by making such an application.

Application was made to terrorize and harass the Judge for imposing a sentence which perhaps is considered
to be on the high side whether or not it was so was for the higher Court to decide.

As pointed out earlier, it was however not permissible to adopt a course of intimidation to frighten the Judge.
His malicious purpose in making the application is established by another tell-tale circumstance by forwarding
a copy of this application, without any occasion or need for it, to several authorities and dignitaries.

1. Administrative Judge, Allahabad for the favor of requisitioning case file S.T. No. 2 from Dehradun and
scanning through the fasts.

2. Chief Secretary, Uttar Pradesh Government Lucknow.

3. Director, Vigilance Commission, U.P., Lucknow.

4. Prime Minister, Secretariat, Delhi.

5. State Counsel, Shri Pooran Singh, Court of Shri V.K. Agarwal, Dehradun.

6. Shri D. Vira, I.C.S., Chairman, Indian Police Commission, Delhi.

7. President, Bar Association, Dehradun

8. The Hon'ble Chief Justice of Bharat.

3. R.D. Saxena V. Balaram Prasad Sharma, 2000 (8) SRJ 113.

The main issue posed in this appeal has sequential importance for members of the legal profession. The issue
is this: Has the advocate a lien for his fees on the litigation papers entrusted to him by his client? In this case,
the Bar Council of India, without deciding the above crucial issue, has chosen to punish a delinquent advocate
debarring him from practicing for 18 months and a fine of Rs.1000/-. The advocate concerned was further
directed to return all the case bundles which he got from his client respondent without any delay. This appeal
is filed by the said advocate under Section 38 of the Advocates Act, 1961.

As the question involved in this appeal has topical importance for the legal profession we heard learned
counsel at length. To appreciate the contentions we would present the factual backdrop as under:

Appellant, now a septuagenarian, has been practicing as an advocate mostly in the courts at Bhopal, after
enrolling himself as a legal practitioner with the State Bar Council of Madha Pradesh. According to him, he
was appointed as legal advisor to the Madhya Pradesh State Co- operative Bank Ltd. (Bank, for short) in 1990
and the Bank continued to retain him in that capacity during the succeeding years. He was also engaged by
the said Bank to conduct cases in which the Bank was a party. However, the said retainers did not last long.
On 17.7.1993 the Bank terminated the retainers of the appellant and requested him to return all the case files
relating to the Bank. Instead of returning the files, the appellant forwarded a consolidated bill to the Bank
showing an amount of Rs.97,100/- as the balance payable by the Bank towards the legal remuneration to which
he is entitled. He informed the Bank that the files would be returned only after setting his dues.

Correspondence went on between the appellant and the Bank regarding the amount, if any, payable to the
appellant as the balance due to him. Respondent Bank disclaimed any liability outstanding from them to the
appellant. The dispute remained unresolved and the case bundles never passed from the appellants’ hands. As
the cases were pending the Bank was anxious to have the files for continuing the proceedings before the
courts/tribunals concerned. At the same time, the Bank was not disposed to capitulate to the terms dictated by
the appellant which they regarded as grossly unreasonable. A complaint was hence filed by the Managing
Director of the Bank, before the State Bar Council (Madhya Pradesh) on 3.2.1994. It was alleged in the
complaint that the appellant is guilty of professional misconduct by not returning the files to his client.

In the reply that the appellant submitted before the Bar Council, he admitted that the files were not returned
but claimed that he has a right to retain such files by exercising his right of lien and offered to return the files
as soon as payment is made to him.

The complaint was then forwarded to the Disciplinary Committee of the District Bar Council. The State Bar
Council failed to dispose of the complaint even after the expiry of one year. So under Section 36-B of the
Advocates Act, the proceedings stood transferred to the Bar Council of India. After holding an inquiry the
Disciplinary Committee of the Bar Council of India concluded that the appellant is guilty of professional
misconduct. The Disciplinary Committee has stated the following in the impugned order:

Based on the complaint as well as the documents available on record, we think that the Respondent is guilty
of professional misconduct and thereby he is liable for punishment. The complainant is a public institution. It
was the duty of the Respondent to return the briefs to the Bank and also to appear before the committee to
revert his allegations made in the application dated 8.11.95. No such attempt was made by him.
4. Nandlal Khodidas Barot vs Bar Council Of Gujarat And Ors. on 24 September 1980.

1. This is an appeal under Section 38 of the Advocates Act, 1961. In a proceeding transferred to it
under Section 36B of the Act, the Bar Council of India by its order dated 17 April 1977 found that the appellant
was guilty of professional misconduct and suspended him from practice for one year. The complaint on which
the proceeding was initiated was filed in the Gujarat Bar Council on 9 October 1971.

2. Section 35(1) of the Advocates Act, 1961 reads:

Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on
its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary
committee.

In Bar Council of Maharashtra v. M.V. Dholkar etc, etc this Court having examined the scheme and the
provisions of the Advocates Act observed:

It is apparent that a State Bar Council not only receives a complaint but is required to apply its mind to find
out whether there is any reason to believe that any advocate has been guilty of professional or other
misconduct. The Bar Council of a State acts on that reasoned belief…

The Bar Council acts as the sentinel of the professional code of conduct and is vitally interested in the rights
and privileges of the Advocates as well as the purity and dignity of the profession.

The function of the Bar Council in entertaining complaints against advocates is when the Bar Council has a
reasonable belief that there is a prima facie case of misconduct that a disciplinary committee Is entrusted with
such inquiry…

3. In the case before us the Bar Council of Gujarat passed a resolution on 16 November 1971 referring several
complaints against different advocates including the one against the appellant to the Disciplinary Committee
of the Bar Council, The resolution reads:

Resolved that the following complaints be and are hereby referred to the Disciplinary Committee of the Bar
Council.

The names of the advocates and the complaints in which they were concerned were listed. Nothing appears
from the record of the case to suggest that before referring the complaint against the appellant to the
Disciplinary Committee, the State Bar council applied its mind to the allegations made in the complaint and
found that there was a prima facie case to go before the Disciplinary Committee.

4. In Dabholkar's case referred to above, a bench of seven Judges decided the question of whether the Bar
Council of a State was a "person aggrieved" to maintain an appeal under Section 38 of the Advocates Act, the
merits of the individual cases were left to be decided by another bench. Our attention is drawn by the Counsel
for Bar Council of India to the following observation in the judgment of this Court deciding the merits of the
cases: (2) The requirement of "reason to believe" cannot be converted into a formalized procedural road block.
it is essentially a barrier against frivolous inquiries. It is implicit in the resolution of the Bar Council when it
says that it considered the complaint and decided to refer the matter to the disciplinary committee, that it had
reason to believe, as prescribed by the statute.

5. Bat in the case before us the resolution does not even say that the State Bar Council bad considered the
complaint and found that there was a prima facie case. It must therefore be held that the reference by the State
Bar Council to the Disciplinary Committee was invalid and that being so the proceedings before the
Disciplinary Committee of Bar Council of Gujarat and also before the Disciplinary Committee of the Bar
Council of India on transfer were void. In this view, we take It is not necessary to consider the merit of the
case.