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 Bihar State Litigation Policy, 2011
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PROFESSIONAL ETHICS & PROFESSIONAL ACCOUNTING SYSTEM

Marking Patters & Lecture Plan

• ATTENDANCE 5
• SURPRISE TEST 10
• MID-SEMESTER 10
• END-SEMESTER 30
• PROJECT WRITTEN 20
• PROJECT PRESENTATION 5
• VIVA BASED ON CASE STUDY + PERIODICAL PROBLEM SOLUTION 20
Detail Lecture Plan for Professional Ethics & Accounting System
Sl. No. Lecture Name of Act/ Topic Remark
Number
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- 2014
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
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different laws viz.

Criminal, Civil, Labour
etc.
8. 3-7 lectures Contempt of Courts Act,
1971
Total Lectures 35 -55 Project & Viva Voice shall Note :- Non
be taken strictly on time submission of
projects or non
appearance in
Viva exam shall
be subject to
deduction of
marks
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Detail Project on Professional Ethics & Accounting System

Sl. No. Roll Number Name of Topic with Remark
latest case laws
Section – A reported 5 in number
1. 702 Comparative study of
Legal Professions in India
Vs with Common Wealth
Countries
2. 705 Comparative study of
Legal Professions in India
Vs with SCCAR Countries
3. 706 Comparative study of Contempt of
Legal Professions in India Court of its
Vs with North American usability
Countries
4. 708 Comparative study of
Legal Professions in India
Vs with African Countries
5. 710 Code of Legal Ethics &
BCI Rules
6. 712 Professional Conduct &
Advocacy
7. 713 Comparative study of Contempt of
Enrolment Procedure & Court and its
Practice procedure w.r.t. usability in the
rule of BCI 2015 different courts
of India
8. 714 Methods to be AOR in SC Duties of an
& relevant rules advocate
towards other
advocates
9. 715 Remedies Against
Professional Misconduct
10. 716 Law practice – from the
angle of legal luminaries
of India
11. 717 Role of Bar council in
Legal Education
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12. 718 Role of Bar Council in

Practicing Law

13. 719 Duty of Lawyer towards

Client with latest case
law on this subject
14. 720 Duty of a Lawyer
towards court with latest
case law on this subject
15. 721 Duty of a Lawyer
towards another
advocate with latest case
law on this subject
16. 722 Professional Misconduct
with latest case law on
this subject
17. 723 Privileged
Communication between
Lawyer and Client
18. 723 Role of Advocate in Legal
Aid Mechanism
19. 724 Disciplinary Proceedings
of Bar Council with latest
case law on this subject
20 725 Role of Bar Council of
India in maintaining
standard of advocacy in
India
21 726 Case Laws on Fraud
Committed by Advocates
22 727 Bar-Bench Relation –
View of legal luminaries
23 728 Role of advocates in
Administration of Justice
24 729 Lawyers and its role in
Legislation
25 730 Role of Lawyer in Speedy
Justice
26 732 Contempt of Court and
its usability with latest
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case law on this subject

27 733 Contempt of court act,
1971 with Reference to
Indian Constitution.
28 734 Interference with
administration of Justice
under Criminal law
compare it with criminal
Contempt
29 738 Prahalad Sharan Gupta
Case Study
30 740 Role of Member of Bar in
complain lodged under
section 498A IPC with
special reference to Priti
Gupta v. State of
Jharkhand AIR 2010 SC
3363
31 741 Duties towards client vis-
à-vis Shambhu Ram
Yadav vs. Hanuman Das
Khatry
32 742 jurisdiction of High Court Ethics of Judges
under contempt of court and Judicial
act with latest case law Administration
on this subject
33 743 Jurisdiction of Supreme
Court under contempt of
court act with latest
case law on this subject
34 744 Power of Punishment
under Contempt of
Court with latest case
law on this subject
35 747
How Interference in the
Administration of Justice
by the advocates be
identified
36 748 Professional misconduct
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and remedy against it

with latest case law on
this subject
372 749 Role of Legal Services
Authority in Justice
Delivery Mechanism
success or failure
38 751 Role of State Legal Defences of a
Services Authority under criminal
Sec. 89 of CPC Contemnor
39 752 Role of Lawyers under
concept of Victimology
40 753 Role of Lawyers in Plea
Bargaing
41 754 Contempt of Court and
its usability
42 755 Role of Police in Victim
Compensation Scheme
43 756 Role of Court in Victim
Compensation Scheme
44 757 Criminal Contempt How
Proceeded.
45 758 Role of Court in Plea
Bargaining
46 759 Ethics of Judges in
Judicial Administration
47 760 Case Laws on Advocate’s
duty towards client
48 761 Bihar State Lititgation
Policy, 2011
49 762 Case Laws on Breach of
Trust by an Advocate
50 763 Case Laws of Contempt
of Court by Advocates
51 764 Case Laws on Abstaining Criminal
from Work or Strike from Contempt Vs
work by advocates Element of
Contempt
under Criminal
Law
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52 766 Case Laws on Fraud

committed by Advocate
53 767 Case Laws on Civil
Contempt
54 768 Case Laws on Criminal
Contempt
55 769 Case Laws on contempt
of courts taken place at
other than High Court &
Supreme Court
56 770 Case laws on Suo-moto
Contempt
57 7506 Case Laws on imitation
of Suo-moto PIL
58 7567 Contempt of Court Act,
1971 a brief analysis
59 7582 Legal Privileges and
Confidentiality in India
60 7516 Right to Practice (Deepak
Agarwal v Keshav
Kaushik)
61 7549 Procedure for
punishment under
Criminal Contempt
62 7633 AIR 2016 SC 3302
Mahipal Singh Rana Vs
State of U.P. – Power to
punish Contempt – Sec.
38 of Adv. Act
63 7535 Comparative analysis of
BCI and State Council
64 7621 Designating advocate as
Senior Advocate is
whether subject to
Judicial Review – AIR
2016 NOC 427 KAR
65 75413 Right to Practice Law –
Whether in consonance
with debarring advocate
from appearing before
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Industrial Tribunal – AIR

2016 All 23
66 7547 Refusal to defend
accused amounts to
Miscounduct with special
reference to Md. V State
of Tamil Nadu
67 7536 Appearance of non Legal
Practitioner – Whether
Permissible
Hint.- AIR 2016 NOC 221
Kar

Section - B
67 771 Contempt liability of a Breach of
State Professional
Ethics by
Advocates
62A 772 Contemptus liability Vs
criminal liability
63 773 Criminal Contempt how
proceeded
64 774 Contempt by Advocate
65 775 Advocate convicted for
contempt – whether
disqualified from
enrolment –
Hint AIR 2016 SC 3302
66 776 Contempt Jurisdiction of
high court & Supreme
court
67 777 Defences of a Civil
Contemnor
68 779 Defences of a criminal
contemnor
69 780 Ratio of Role of Lawyer
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(2002)2 SCC67 in Speedy

Harish Chandra Tiwari Vs Justice
Baiju
70 781 Ratio of Bhupendra Kr.
Sharma Vs Bar Council,
Pathankot (2002) 1 SCC
470
71 782 Lawyer Client
relationship
72 783 Law on Abstaining from
work or Strike from work
by Advocates
73 784
the Role of Lawyers
under the concept of
victimology
74 785 Ration of R.K.Garg, Jurisdiction of
Advocate Vs State of S.C. under
Himachal Pradesh AIR contempt of
1981 SC 1382 Court act
75 786 Ration of Vinay Chandra
Mishra Case AIR 1995 SC
2348
76 787 Ration of Arundhati Roy
Case (2002) 3 SCC 343
77 788 Ratio of Chandra Sekhar
Soni Vs BC of Rajsthan &
ors. AIR 1983 SC 1012
78 789 Ratio of An Advocate Vs Privileged
B.B. Haradara Communication
AIR 1989 SC 245 Between
Lawyer &
Clients
With latest
Rulings
79 790 Ratio of UP Sales Tax
Association Vs Taxation
Bar Association AIR 1996
SC 98
80 791 Ratio of V.C.Rangadurai
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Vs D. Gopalan
AIR 1979 SC 281
81 792 Litigation Policy of India
82 794 Bihar State Litigation
Policy, 2011
83 795 Role of Advocates in
administration of Justice
85 796 Changing Role of
Advocates in the present
legal system
86 797 Developing coordination Refusal to
among various state bar defend accused
councils of states – is a amounts to
legal necessity misconduct
87 798 Contempt of Court
88 799 Election System under
Advocates Act, 1961
89 800 Is there any classification
among the advocates
other then shown in
Advocates’ Act, 1961
necessary
90 801 Role of advocated in
administration of justice
91 802 Advocacy should be
converted into
Hospitality Service –
Views of different legal
personality on it
92 803 AIR 2014 SC850 "In Re : Criminal
Rameshwar Prasad Contempt of
Goyal" Court and its
Advocates’ role in usability with
administration of special
justice. reference to
different courts
in India
93 804 Women in Legal
Profession
94 805 AIR 2012 SUPREME
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COURT 628 "Dhanraj

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

95 806 AIR 2010 SUPREME

COURT 1384 "Poonam v.
Sumit Tanwar"
Whether absence of
proper assistance to
Court by the lawyer,
amounts to profession
misconduct
96 807 AIR 2014 SUPREME
COURT 944 "Narain
Pandey v. Pannalal
Pandey"
AN advocate filing
vakalatnama without any
authority whether
misconduct

97 808 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 not
mouthpiece of his client.

98 809 AIR 2013 SC (Supp) 352 Dhanraj Singh

"Deepak Aggarwal Vs. Choudhary Case
Keshav Kaushik" Cross Appeal
Right to practice – maintainability
under
Advocate’s Act
99 812 Profession Misconduct &
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its Remedies

AIR 2013 SUPREME

COURT 3589 "K. Vijaya
Lakshmi v. Govt. of
Andhra Pradesh"

100 813 AIR 2012 SC (Supp) 621

"Union Public Service
Commission v. Gyan
Prakash Srivastava"

101 814 Resolution of Bar Advocacy

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

102 815 Resolution to boycott the

court – whether
misconduct – in the light
of latest cases of PHC &
MPHC
103 816 Proffessional Misconduct
of Lawyers in India

104 817 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

105 818 AIR 2011 SUPREME Power of Court

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COURT 2101 "O. P. to debar an

Sharma v. High Court of advocate from
Punjab and Haryana" appearing in
Professional conduct and Appeal.
Etiquette of Advocates - With Case law
Duty of Advocate
towards Court and client,
stated means a
Magistrate only -
whether the Supreme
Court is sacrosanct.
106 820
AIR 2010 SUPREME
COURT 3363 "Preeti
Gupta v. State of
Jharkhand"
Complaint u/s 498A –
What is the role of the
member of Bar

107 821 Contempt of Court by

Advocates.
108 822 AIR 2004 SUPREME
COURT 311 "New India
Assurance Co. Ltd. v. A.
K. Saxena"
Professional duty of
Advocate

109 823 Role of Bar Council and

State Bar Council in Legal
Profession
110 825 AIR 2004 SUPREME
COURT 2227 "Bar Council
of India v. High Court of
Kerala"
Right of Advocate to
practice - Not
fundamental - But
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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

111 827 Breach of Professional

Ethics by Lawyers against
clients
112 828 Ration laid down in
AIR 2015 SC 2297
Chander Prakash Tyagi
Vs Benarasi Das
113 829 Ration laid down in
AIR 2014 SC 944
Narain Pandey Vs
Pannalal Pandey
114 830 contempt of court and its
usability
115 832 Advocates’ Role in
Administration of Justice
Hint – AIR 2014 SC 850
In Re Rameshwar Pd.
Goyal, Advocate
116 833 Creating of situation –
resulting into recording
of False evidence –
Whether Misconduct
Hint. AIR 2016 SC 457
117 834 Privileged
Communication between
a lawyer and client
118 835 Refusal to return file to
Client – Whether
misconduct
Hint. AIR 2000 SC 2912
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119 837 contempt of court act,

1971: a constitutional
perspective.
120 838 In case of Professional
Misconduct – Onus lies
on whom
Hint. AIR 1994 SC 975
121 839 Whether Principal of
Natural Justice applicable
in Disciplinary
Proceeding -
Hint. AIR 1989 SC 245
122 7513 Improper Legal Advice
whether misconduct
Hint. AIR 1984 SC 110
123 7519 Acceptance of brief for
accused after appeared
for Complainant –
Whether misconduct
Hint. AIR 1983 SC 1012
124 75453 Distinction between
Profession & Occupation
Hint. AIR 2014 SC 1259
125 75432 Ratio laid Down in
AIR 2015 SC 3699
Quantum Securities Ltd.
126 7528 Ratio laid down in
AIR 2015 SC 3558

Dr. Anil Kumar Upadhayay

&
Dr. Anshuman
Faculty, CNLU, Patna