Time: Three Hours SUPREME COURT OF INDIA Advocate-on-Record Examination, June 2013 PAPER-I PRACTICE AND PROCEDURE Instructions 1. @ ‘All questions are compulsory ‘Total Marks: 100 ‘All questions carry equal marks of 20 each. Where a question is divided into sub-questions, the marks allotted to each sub-question are clearly indicated. . Clarity, brevity and legibility are expected, of course! Discuss the concept of a ‘curative petition,’ the situations in which you will advise a client to file such a petition and the procedural safeguards that you will observe if you were to file such a petition . a, Your client has challenged an assessment order passed under the Kerala Value Added Tax, under Article 226 of the Constitution without resorting to the alternative remedy of appeal, on the ground that a question of interpretation of the relevant section is involved. A Single Judge of Kerala High Court dismisses the writ petition and a Division Bench dismisses the writ appeal and you have advised filing of a SLP. Draft a proper prayer for interim relief in your SLP. The Division Bench of the Delhi High Court has struck down the provision of a Central Act as unconstitutional. The Central Government decides to file a SLP. Draft an appropriate prayer for interim relief. & c. Your client has been convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment by the Sessions Judge, Madurai. First appeal to the Madras High Court (Madurai Bench) has been dismissed. Your client wants to file a SLP. Draft an appropriate prayer for bail. d. Draft a prayer for interim relief in an application for transfer under Article 139A of the Constitution @o marks) 6 marks) G marks) G marks) 6 marks) (Teint 2-0 merks)3. Write short notes on: a. Senior Advocate b, Advocate-on-Record c. Section 406 of the Code of Criminal Procedure d. Section 25 of the Code of Civil Procedure 4. Describe briefly each of the following writs: a. Habeas Corpus b. Mandamus c. Prohibition d. Quo Warranto e. Certiorari 5. What do you understand by “moulding the relief” under Articles 136 and 142 of the Constitution? Illustrate your answer with a few cases (few means few, not many!). @ (5 marks each) (Tal 20 masts (4 marks each) (20 marks)Time 3 Hours Total Marks: 100 Pas Bs Bey SUPREME COURT OF ADVOCATE-ON. RECORD EXAMINATION — JUNE 2013 INSFRUCTIONS Please attempt four questions All Questions corty equal miarks You may use assumied Names, Dotes and other details withia the framework of the questions Weightage will be given for conceptual clarity, Brevity as also reference to Case Laws, Domot draft affidavits, certificates etc., and confine yourself to the core part of the drafts of petitions The Department of Overseas Com Ministry of Communication, Union of India, The Radio Telecommuntation mcations service was originally part of the Corporation Ltd, a then existing Private Company along with its employees were taken aver in the year 1974 by absorbed in the Department. Fresh recruit ments also took place later Number of employees were thus 1974 onwards e Government of India and the nplayees were working in the department for almost 2 decades from the ye. In the year 1991 the Department was converted into a public sector Corporation anid named VSNL Options were giver {0 existing employees to he absorbed in the new corporation. After settlement of certain conditions of service including pension, VSNL en-masse absorbed the erstwhile employees of Overseas Communication service Between the years 1995 ~ 2000 Government of India divested ts shareholding in VSNL in favour of Banks and Financial Institutvns, tn the year 2002 VSNL divested 25% share in favour of a consortium of private companies, The due process of disinvestaient policy was strictly followed. Currently the consort hhods more than 52% shares im VSNL Certain agreements were entered into between VSNL and the consortium which inter alia provided against retrenchment for a period of one year from acquisition of shareholding and also against dismissal of termination exceiat in accordance wath the Regulations and Standing orders of the consortium. In the year 2005, services of certain number of managerial employees were terminated on paymentof three months’ salary in heu of three months’ mote This was said to be an terms of the letter of appointment #ssued by YSNL at the tine pf absorption® Writ Retitions were filed before the High Court of Bombay challenging the order of lermination, The Division Berich of the High Court dismissed the Writ petitions on the ground that the vetition was not maintainable against VSNL after transferred majority share holdings to the consartium z Draft a special leave petation on behalf of the employees, raising issues involving Article 12 and elaborating how the new VSNL would be “other authority within the meaning of Article 12 of the Constitution. Refer to relevant cases on the Question of the nature of functions of VSNL namely its public function of dealing ‘with overseas telecommunication services. |v Sukfidey Singh vs. Bharat Ram (1975) 1 SCC 421 Mathew J. art Concurring judgment has observed as under ' also wish’ to make it clear that | express no-apinion on the question whether Private corporations oF ather like organizations, though they exercise power over their employees which might violate their fundamental rights, wuld be of article 12 ‘State’ within the mean Can you make Use of the following observations Therefore, the ability conferred upon a person by the law to alter, will directed to that end. the rights, duties, liabilities oF other lena! relations either of himself or of other persons must be present ab extra to snake herson an ‘authority’ (Som Prakash Rekitl ¥ Union of India ~ 1981 (1) 4477) y bis own « ‘in the context of globalzation afd privitisation you formutate any new principles for designating an entity as “other authority of law and grounds, Confine your answers to substantial questi Atticles 214% 45 of the Constitution read as follows Article ~ 218 ~ Right to education: The State siiall provide free’ and. compulsory eduction t0 ail children of the age of si to fourteen years in stich manner ay the State may, by low, determine. Article 45 ~ Provision for early childhood care and education to children below the age Of six years. The State shall endeavor to provide early childkood care dnd ‘education for alt childeen untd they complete the age of six years. Both Articles 214 and 45 use the word “provide” Being a provision iy part Wal the Constitution Vir Directive Principles Article 45 uses the word, “endeavor” 'n pursuance of Article 21-4, Parliament has enacted the Right of Children to Free and Compulsory Education Act, 2009. Section (a) of the Act defines Schoo! a under3 Section {a “school” means any recogmzed school wnporting elementary educctionond inclvdes i) A schoot established, owned or controlled by the appropriate Government ora local authority: (i) An aided schoo! recening aut or grants to meet whole oF part of its expenses from the appropriare Government or the local auth [iil) A school Belonging to specified category: and fiv) An unaided schoot not receiving any kind of aid oF grants ta meet ws expenses from the appropriate Government or the local authority Sections 12{2), 35 (1){2) af the Act read as follows, 12(2) Far the purposes of this Acta school a) specified in sub-ciause (i) of Clause (al of Section 2 shall provide free and compulory elementary education to all chuldren admitted there, (b) specified in sub-clause (i) of Clause in} of Section shall provide free gad compulsory elementary education to. such proportion, af children admuttert therein as recurring expenses, subject to a minimum of terenty-fve per cent (6) Specifind in sub-elauses (ui) and {iv} af Clause (n) of Section 2 shall admit'in Class |. to the extent of at least twentysfive per cent of the strength of that class, children belonging to weaker section and disadvamaged group in ‘he neighbourhood and provide free and compulsory elementary education till ts completion, Provided further that where a school specified in Clause (n) of Section 2 impart pre-school education, the provisions of Clauses (a to (e) shall apply: tor admission to such pre-school education. annual recuering aud af grants so recewed bears to its annual Section 35, Power to issue directions.- (1) The Central Government may issue sve ase _may be, the local on of the provisions ofthis guidelines to the appropriate Government or, as the authority, as il deems fit for the purposes of implement at [2} The appropnate Government may msue guidelines and give such directions as it deems fit, to the local authority or the School Management Conunittes regarding implementation of the provisions of the this Act. Several state Governments issued guidelines to the concerned authorities under Section 35:0f the Act, 10 be followed in the making of adimission to classes both below and above elementary education. These guidelines are to be abided by unaided Private Education Institutions also “i Draft a writ petition under Article 32 on behalfiof (i unaided Minos Institutions and (ii) Unaided non-minarity (nstitutions challengingé 6 constitutional validity of the Act snd guielehnes issued by the respect State Governments w alternatively draft only a common counter affidavit an behalf of Union of India and National Capital Territary of Deihi opposing the Writ petition. What meaning wil you grant oF assign to the words ‘provide’ occurring i9 ‘articles 214 845, How will yau reconcile the fundamental right af Educational Fl) and recognized in TMA Pai Foundation vs State of Karnataka ~ 2002 (8) SCC AB1 and fundamental Aight te: education iquarontced 10" chiklren under Article 218. Explain. why minenty institutions be exempted from the operation of Article 214 Institutions clauned under Article 2 ‘your draft petition to statement of issues and grounds ony. What reliefs co will you ask for in the petition, ln Sanclur Magnes & tron Ores Lid v. State of Karnataka 2020 (33) SCC T= The Surenve Court considered the question of the legality of cestain decisions take by the State Goverament regarihng grant of Mi ‘one of the Issties was as to ne! whether the State Government could have granted mining leases entirely based oF past cornmitments.and consequently whether the State Governments have pexie! taframe policy decksians dehars the Mines and Mineral (Development & Regula Act, 1957 Reliance has been placed by the parties on a report of the committee {< opment of review the existing laws and procedures for regultion and | Minerals Union of India was @ party to the litigation. However, the concerned ‘department of Mines had not bern properly arrayed as a party, Grievance afose to! the Umon of india did not get adequate opportunity of being heard, itis abe found that certam portions of the expert committee report have een anigquoted the Judgment. Union of tndia 1s of the view that the reasoning’ iv the judgment and hed ow the application of the Section 11 of the Act are colour the wrong, ceteronices 10 the Expert Committee Report raft a review petition on behalf Union of India seeking reves of te judgment and abo seeking oral hearing ofthe application, Even though Hole 1 Ord XL of Supreme Court Rules, 1966 refers to the grounds of review set gut ino ore? ALVA Rate 1 of the Code of Civil Procedure, stave special grounds i any for revie the juslgment of a Suprenve Court having regard te the finality af ts junsaction .ed ta the relevant statement of case law on the Your petition should be con point and to the grounds af revieS Certain extent of lands within the junsdiction af the Mumbai Municipal Corporation were leased oul to party “A” in the year 1962. In terms of the development plan th lease was for general industrial puepases. For about 25 years, the lessee used the leased land for the said purposes. Thereafter application was made to the corporation for change of land use for gereval industrial to residential, In exercise of the authority available under Section 37(2) of the Mumbat Municipal Corporation ‘et, the State Government issued permission in respect of major portion of the eased land, enabling conversion The planning constitution af anly X aumber of buildings. However revised building plans were submitted few years later seeking approval for larger number of buildings, There were some disputes regarding the legality of the revised buildin corporation Issued a stop work notice under the Act thority initially granted approval of building plans for plans, The During the pendency of these proceedings, groups of developers acting on behalf of the lessee under a contract executed agreements with prospective buyers There is some dispute as to whether the buyers af these flats were aware of mons approval of the revised building, plans. Regardless of the building plans controversy large number of buildings were completed and also, accupied by members of the Housing Societies who were the prospective buyers. he sacieties filed applications before State Government for regularization of the buildings. In the meanwhile the Corporation issued notices for demotion of all structures svhich were not in conformity with the approved plans suits were filed by the Haising Societies seeking mandatory injunction against the notice issued by the Corporation, The Trial Court dismissed the ‘applications for temporary injunetion. Appeals were filed in the High Court agaist the said rejection. Writ Petitions seeking a writ af mandamus for regularisation of ‘all buildings and the appeals were heard together, by a common judgment The High Court dismissed bath the Wint Petitions and the Appeals Individual Member a well ay Housing societies have approached you raft a Special Leave Petition with grounds in support of the prayer for s writ of mandamus for regularisation of the alleged illegal constructions. How woul! You establish that the constructions are not hit by the Jaw? Explain how 3 weit of mandamus will ie. Can you plead that the lack of knowledge regarding the on approval of building plans could be a ground m relaxation of the strict requirements of lave stated ff Royal Paradise Hotel vs. State of Haryana 2006 (7) SCC $97 namely that construction made im the teeth of notices for stopping unauthorized construction do not deserve regularization? The Supreme Court in several recent Juoaments has expressed is reservation against prayer for regularisation of Unauthorized constructions. Your special leave petition, should deal with these6 ® points of view and set out grounds, stating non-applicability s any of the views expressed in the following cases ) Friends Colony Development Committee vs. State of Orissa ~ 2004 (8) SCC 733 i) Shanti Sports Club v. Union of tndia - 2009 (15) SCC 705. Your petition, ined to only questions of law and grounds. 5. InSucha Singh v. State of Punjab, (2003) 7 SCC 643, the Supreme Court has observes asunder “coos THE prosecution iS ot required to meet any and every hypothesis put forward by the accused. ... A reasonable doubt is not an imaginary, trivial or merely possible doubt, but a fa doubt based upon reason and common sense. It must grow out of the evidence in the case. Ifa case Is proved perfectly, its argued that i 's artificial if a case has some inevitable Haws because human beings are prone to cer, tis argued that itis too imperfect, The object of diligent and sensitive compliance with Section 313 Cr. PA thus assumes significance. In the context of meriminating evidence, regardless of is nature oF reliability. the incrinunating circumstances must be clearly and specifically brought to the attention of the accused. It is not merely a ritual of drawing attention to all evidence led by the prosecution, f there is a failure to closely aiticulate the mérummnating circumstances, or if the prosecution has withheld information or materials from being part af the evidence, even though seized or collected, the accused may have reason to complain regarding violation of Section 313 CrP.C. in the sense that by such materials being with held, the. accused is disabled to explain the incriminating umstances is there a right to fair trial dimension in Section 313 of Cr.P.C.? In V.k. Sasikala w State, (2022} 9 SCC 771 has observed as under = the examination of ai accused under Section 313 Cr-P.C. does have a fair nexus with the defence that he may choose to bring, if the need arises, Any failure on the part of the accused to put forward his version of the case in his exarmaation under Section 313 CrP.C. may have the effect of curtailing, his nights in the event the accused chaoses 10 take up a specific defence and examine the defence witresses Besides the answers given by the accused in his examination, i incorrect oF incomplete, may also jeopardise him as such incorrect or incomplete answers may have the effect of strengthening the prosecution case against the accused”7 Certain criminal proceedings agaist the former Chief Minister of Tamil Nadu and another person, pending in the Special Court in Chennai stood transferred to a Special Court in Karnataka, in year 2003. The criminal cases pertained to the year 1997 and have been pending since then. Directions were given while transferring these proceedings for expeditious disposal, Certain interim proceedines of the trial court were challenged and brought up to the Supreme Court. The trial got halted at several stages. The accused wore said to be responsible for the delay On completion of the thal, the matter was posted for exarnination of the accused under Section 313 of Cr.P.C. This commenced in the year 2022. One of the accused after having answered large number of questions moved an application seeking certified copies of certain non-exhibited documents which were in the custody of the prosecution. Both the tral court and High court on appeal rejected the application. Yet another application for inspection of some set of documents also came to be rejected The accused has approached yaw for the filing of a Special Leave Petition ‘Are there any substantial question of law which can be raised on behalf of the accused? How would you link the scheme of Section 313 Cr.P.C. to Article 21 of the Constitution. Draft a Special Leave Petition under Article 136 raising relevant grounds and confine your petition to questions of law and grounds. The Uttar Pradesh Industrial Area Development Act, 1976 provides for preparations of plans for the Development of Industrial Areas and to lands in the Industrial Development Area Section 7 of the Act enables the Industrial Development ‘Authority under the Aet to transfer by auction, allotment or otherwise any land oF ‘building to it Certain villages were notified in the year 1994 as part of the Greater NOIDA Industrial Development Area. In the year 2000 the authority prepared # Development Plan for Greater NOIDA 2021, Respective land users were specified 1 the Development Plan Villages X & ¥ were siiown in the plan’as industrial. Lange extent of land in the said villages were acquired for planned Industest Development Notifications under Section 4 of Land Acqutsition Act was issued an 05.05.2009 Section SA of the Land Acquisition Act was dispensed with, and hotificationy under Section 17(2) (4) of the Act came to be issued invoking grounds of urgeney as the process af hearing objections would entail undue delay amt thus adversely affect planed industrial development. This was followed by a notification under Section 6(1}. A further notification was issued changing the land use oF acquieed land fromindustrialto housing and objections were invited3 () Following the conversion of land use plan and the Section 6 declaration the affected land owners filed writ petitions in the High Court, placing rekance upon the judgment of the Supreme Court in Anand Singh v. State of Uttar Pradesh 2010 (21) SCC 242 and Radhe Sham v. State of Uttar Pradesit 2011 (5) SCC 583, the High Court was pleased to declare the entire acquisition process particularly the application of Section 17, 15 illegal and colourable exercise of power. The High Court also found the conwersion of land user was not in terms of the 1976 Act lt is.8 matter of fact that number of real estate establishment and builders in whose favour the acquired lands were transferred, were not heard by the High Court Draft.» special leave petition on behalf of State of Uttar Pradesh, raising, substantial questions of law involving the 1976 Act and the Land Acquisition Act, 1984. Questian the wisdom of the High Court quashing the entire acquisition and also that the those land owners who have accepted compensation are disentitied to seek any relief Write brief synopsis and draft appropriate questioris of law and relevant ground ‘The juvenile Justice Act, 1986 was replaced by Juvertle Justice { Care and Protection of Children) Act, 2000. The Act came to be enacted to give effect to and towards Cealization of objectives contained in the Articles 39(2} (f, 45 and 47 of the Constitution, Article 15(3) enables special provisions. 10 be made in favour of Children. The Act also sought to incoxporate - the standards prescribed in the Convention on the Rights of the Child, United Nations Standard Minimum Rules for the Adminstration of Juvenile justice, 1985, the United Nations Rules for the Protection of Juvemles Deprived of their Liberty (2990) and ff other relevant internotional instruments. By Act 33 of 2006,, Section 7A came to be inserted. The said provision reads as follows 7A. Procedure to.be followed when clown of juverility 1s raised before any court or court is of the opinion that on accused person was @ juvenile on the date of commission of the offence, the Court shall make an enquiry, take such evidence as may be necessary (but not am affidavit) so as ta determine the age of such person, ‘and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly os moy be Provided that a claim of juwenility may be raised before any court and it shall be recognized at any stage. even after Rina! disposal of the case, and such claim sholl be determined in terms of the provisions contained in this Act and the Rules made4q thereunder, even if the juvenile has ceased 10 be so on or before the date of commencement of this Act. (2) ff the court finds a person to be a juvenile an the date of commission of the offence under SubSection (2), it shall forward the juvenile to the Board for passing appropriate orders, and the sentence if ony, pussed by 9 court shall be deemed to have no effect.” Certain rules have been framed in the year 2007 and Rule 12 thereof inter alia provides as follows: 12(3} In every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be conducted by the Court or the Board or, as the case may be, the Committee by seeking evidence by obtaining. fall) the matticulntion or equivalent certificates, if available; and in the absence whereof, (i) the date of birth certificate from the school (ather than a play school) first attended; and in the absence whereof, (ii) the bith certificate given by a corporation or a municipal authority or panchayat (b) and only in the absence of either (i), (ll oF {il} of clause (a) above, the medical ‘pinion will be sought fram a duly constituted Medical Board, which will declare the age of the juvenile or child, ln case exact assessment of the age cannat be dane. the court or the Board oF, a5 the case may be, the Commuttee, the for the reasons to be recorded by them may, if considered necessary. give benefit to the child or juvenile by considering his/her age of lower side within the margin of one year. ‘One Abuear Hossain was convicted for an offence under Section 302 read with Section 34 Indian Penal Code alonawith several others, In the Section 313 CrP.C. statement, « was claimed on his behalf that he was juvenile on the date of the mcwent and as such could not have been tried with the normal cminal Coust. tt emerged from the judgments of the tral court and the High Court that the issue of juvenility was not chearly pressed at any stage and except the Section 313 Cr P.C. statement no evidence was led The Supreme Coun occasion to consider the question of staxr deternmmation of the age of the accused, even before the insertion of Section 7 of the Act in the following cases 1 Gopinath Ghosh v. State of West Benga! ~ 1984 Supp. SCC 228 ~ 2. Bhoop Ram v. State of U.P. ~ 1989 (3) SCC 1 3. Pradeep Kumar vs, State of U.P. 1995 Suppt. 4 SCC419® io Fou are instructed te deatt a Special feave petition on behalf of Hos: ‘Gaumsnp, the benefit al section 7a of the Act ane to a any Be toned our rue that tbe sue of avin less of Ye ta Ne Stage Cert before the Supreme Court, 1) foae Hw same eather Hiwe wont you eonstitavion © issues invading Artie: AE of ty Assuiming that such a grcond was not taken in the special eave petition se such a plow be ra wed many other prorowdinis? Peemume the Hign Comttutionat objective betund section /8 nel irine and to substantial questions of law nd suse grounds to show that havin following: Sbservations of the Gout, tie obligatusn to tetera subjected ta any technicalities “Con the axteomoge of 2 beneficial legit bie domed ter sucte U turiite waysard delinquents Can the mefortune: of the scouted meen qrning te followed © compounsted by deniat of the bemetit th empath terms. as to-peenut an whauey even after the 8 he legisation seovudes dppead ai apheld bys enavectinn | The has to me ws the mpgivgSUPREME COURT OF INDIA ADVOCATES-ON-RECORD EXAMINATION JUNE, 2013 QUESTION PAPER III: ADVOCACY AND PROFESSIONAL ETHICS Answers should be brief and pointed. Marks may be deducted for unduly’ long answers Megible handheriting may result in deduction of marks 1. A few months ago, a very unfortunate incident occurred on the sireets of Delhi in which a young girl became a victim of criminal assault by a group of men. The incident evoked large scale protest from people and gathered a lot of media attention. The culprits were eventually arrested and are being prosecuted. Mr. X is appointed as the Public Prosecutor on behalf of the State. In order to give an in- depth coverage to the trial, certain media persons approached Mr. X to obtain his views. In his imerview, Mr X gave details of the investigation carried out in the case and the day to day trial proceedings. He also expressed his opinion on the nature of the evidence being recorded at the trial (@) Do you consider the wide coverage given to the case to be an instance of trial by the ‘media? If so, what steps should be taken to secure a free and fair tial of the accused persons: (b) What is your opinion on the conduct of the public prosecutor Mr. X giving interviews to the media and openly discussing the ease which is pending trial? (©) If you are approached by one of the accused persons to represent him, would you refluse to acceptthe brief because you consider the accused to be guilty of the crime? (15 Marks) 2. Mr X is a Gold Medalist from one of the leading National Law Schools of the country. He cleared his Advocate-on- Record examinations in 2011 and was ranked very high among all the appearing candidates. However, he did not get enough briefs for filing in the Supreme Court. He felt that it was probably due to the fact that he did not come from a legal background. He wrote emails to the Department of Law of almost all State Governments requesting them to appoint him as their Standing Counsel in the Supreme Court. He pointed out that he was & gold medalist and had cleared the AOR Examination, He also attached his resume with the email Do you feel that Mr X is guilty of professional misconduct warranting disciplinary action being taken against him. If Disciplinary Proceedings are in fact initiated, do you feel that he would be found guilty in such proceedings? Discuss with reference to case law. (15 Marks) Page 1 of 43. Mr Y filed a complaint under Section 498! of the IPC alleging that his Wife Mrs Y had been enticed away by certain persons named in the complaint. While the complaint was pending, Mrs Y filed a petition seeking divorce from Mr Y. Mr Y filed a petition before the Magistrate trying the criminal case with a request that Mr Z, the Advocate of Mrs Y in the divorce proceedings, be called as a witness. While appearing as a witness, to a question whether he had filed the petition for divorce, Mr Z. answered in the affirmative. When he was asked whether Mrs Y had come alone or was accompanied by some other person, he said that she was accompanied by some other person, But when he was further asked who that ‘companion was, Mr Z refused to answer claiming that he was under a duty to “not, directly or indirectly, commit a breach of the obligations imposed by Section 126 of the Evidence Act”. The Magistrate decided that the privilege claimed by Mr Z extended only to communications by the client to the Advocate and did not protect disclosure of the name of the person who accompanied Mrs Y. A Revision Petition is filed before the High Court challenging the Magistrate's Order. ‘Appearing for the petitioner how would you formulate your arguments on the following aspects of the case: (a) Whether the protection under Section 126 of the Evidence Act, 1872 relates only to oral communications made by the client to the Advocate? (b) Whether the identi 's observed by Mr Z the Advocate in the meeting was in the nature of a confidential communication which the Advocate could isclose without the consent of Mrs. Y. (c) Would it make a difference to your argument if Mrs. Y herself appeared as a witness in the criminal trial and refused to answer the question put to Mr Z claiming the protection of Section 126 of the Evidence Act, 1872? Discuss with reasons, (15 Marks) “In a given case it may be possible, for this Court or the High Court, to prevent the contemner advocate to appear before it tll he purges himself of the contempt but that is much different from suspending or revoking his licence or debarring him to practise as an advocate. In a case of contemptuous, contumacious, unbecoming or blameworthy conduct of an Advocate-on-Record, this Court possesses jurisdiction, under the Supreme Court Rules itself, to withdraw his privilege to practice as an Advocate-on-Record because that privilege is conferred by this Court and the power to grant the privilege includes the power to revoke or suspend it, The withdrawal of that privilege, however, does not amount to suspending or revoking his licence to practice as an advocate in other courts or tribunals.” 498. Enticing a taking away or detaining with eximinal iment a married woman—Whoever takes oF ‘entices away any woman who is and whom he knows or has reason to befieve to be the wife of any other man, from that man, oF from any’ person having the care of her on behalf of that man, with intent that she may have ilict intercourse with any person, oF conceals or detains with that intent any sueh woman, shall be punished \sith imprisonment of ether description for a tenn which may extend to Wo years, oF with Fine, or with both. Page 2 ot &-Per Dr AS Anand, J. in Supreme Court Bar Assn. v. Union of India, (1998) 4 SCC 409 Discuss: @ () © ‘The scope and power of the Supreme Court as a court of record having “ of such a court including the power to punish for contempt of itself” in terms of Article 129 of the Constitution. ‘The power of the Supreme Court under Article 142 of the Constitution “to make any ‘order for the purpose of ... punishment of any contempt of itself”, “subject to the provisions of any law made in this behalf by Parliament” in the context of the Contempt of Courts Act, 1971, and particularly the appellate jurisdiction of the Supreme Court under Section 38 thereof. ‘Do you consider that the power under Rule 8A, Order LV of the Supreme Court Rules, 1966 to withdraw the privilege of an Advocate to practice as an Advocate on Record ‘would not be controlled or regulated by Chapter V of the Advocates Act, 1961. (15 Marks) . It is true that an advocate is competent to settle the terms of his engagement fee by private agreement with his client but it is equally true that if such fee is, not paid he has no right to retain the ease papers and other documents belonging to his client. Like any other citizen, an advocate has a right to recover the fee or other amounts payable to him by the litigant by way of legal proceedings but subject to such restrictions as may be imposed by law or the rules made in that behalf. -Per RP. Sethi, J. in RD. Saxena v Balram Prasad Sharma, (2000) 7 SCC 264, iscuss: (a) Whether a lawyer has “lien” on the case papers in respect of unpaid fees in terms of section 171 of the Contract Act, 1872? (b) Whether the case papers belonging to the client are “goods”? (©) Whether entrustment of the case papers by a client to his lawyer amounts to “goods bailed” to such lawyer within the meaning of Section 148 of the Contract Act, 1872: (10 Marks) “Unfortunately, many special leave petitions are being filed with Advocates-on- Record being mere name-lenders, without having, or taking any responsibility for the case. As a result of prevalence of such a practice, in such cases, the Advocates-on- Record do not appear when the matters are listed either before the Registrars or before the Chamber Judge or the Court nor do they take any interest or responsibility For processing or conducting the case. They also play no role in preparation of the special leave petitions, nor ensure that the requirements of the Rules are fulfilled and defects Page 3 of 4Discuss how the dig are cured. If the role of an Advocate-on-Record is merely to tend his name for filing cases without being responsible for the conduct of the ease, the very purpose of having the system of Advocates-on-Record would get defeated.” “Per RV Raveendran, J in Vijay Dhanji Chaudhary v, Suhas Jayant Natawadkar, (2010) 1 SCC 166. of the institution of Advocates-on-Record and the crucial role that the members of this institution perform can be maintained. In your opinion are there any reforms required to be brought in the cules, practice and procedure concerning the institution of Advocates-on-Record. (10 Marks) “...only in the rarest of rare cases where the dignity, integrity and independence of the Bar and/or the Bench are at stake, courts may ignore (turn a blind eye) to-a protest abstention from work for not more than one day. It is being clarified that it will be For the court to decide whether or not the issue involves dignity or integrity or independence of the Bar and/or the Bench, Therefore in such cases the President of the Bar must first consult the Chief Justice or the District Judge before advocates decide to absent themselves from court. The decision of the Chief Justice or the District Judge would be final and have to be abided by the Bar . Capt. Harish Uppal v. Union of india, (2003) 2 SCC AS Do you consider that resort to strikes by advocates is at all ethical? Discuss the rights and duties of lawyers to resort to strikes to lodge their protest against actions which are perceived by them as injurious to public interest (10 Marks) Write short notes on any two of the following: Champerty and Maintenance; If a lawyer enters into such transactions, would it amount to-a professional misconduct warranting Disciplianry Action under Chapter V of the Advocates Act, 1961 read with Part Vil of the Rules framed by the Bar Council of India under section 49 of the Act? Role of amicus curia. Is it different from a lawyer volunteering to act pro bono? ‘One of the duties of the Advocate is that they shall not solicit work or advertise, either directly or indirect Can a lawyer maintain a website and if so what particulars can be provided therein’? (10 Marks) Page 4 of +Miwon KOR, Examinabrn Tune 2013 Papas Te heading Coe ‘Total marks 100 - attempt any four. Each question carries 25 marks. (1) What was the challenge to Constitutional validity to Section 6 (a) of the Hindu farriag®,and Guardianship Act 1956? How did the court deal with it in Githa Hariharian v Reserve Bank of India (1999) 2 Supreme Court Cases 228 Was the validity of the section upheld? If not. on what basis was it upheld? Justice U.C Banerjee wrote a separate judgment, what was the basis of his separate opinion? Was it a dissenting opinion or a concurring opinion? Explain how would you have decided the case? (2) Are the concepts of development and ecology opposed to each other? Explain the concept of Sustainable Development and the Polluter pays principle in Vellore Citizens Welfare Forum v Union of India and Ors in (1996) 5 Supreme Court Cases 647. Discuss the Constitutional provision including Directive Principles on Which itis based, Also discuss the international law principles, which were invoked in support of the doctrine of Sustainable Development (3) How was the goal of Universal Primarily and Compulsory Education interpreted iety for Unaided Private Schools of Rajasthan v. UOI (2012) 6 Supreme in S Court Cases jon on all aided schools minority and non-minority 12 Is there an oblig schools to comply with section [2(1) (¢) of the Right of Children to Free and Compulsory Education Act 2009? Does the obligation extend to non-aided minority schools? Discuss the interpretation of the affirmative burden cast by Article 214 on all stakeholders of society. Was there a conflict between Article 19(6) and Article 21A? How did the court resolve the conflict? Discuss the basis of the dissenting opinion and its implications. (4) Discuss the extent to which International conventions can be read imo fundamental rights as held in Vishaka . State of Rajasthan (1997) 6 Supreme CourtCases 241, Discuss which fundamental rights are violated by sexual harassment the work place. Explain the scheme of the Complaints committer pat in place for dealing vith complaints atthe workplace. Have the Central Civil Service Rules been amended to incorporate the Complaints Committee as set out in Vishaka? (5) Explain the scope of judicial review of a Proclamation by the President under Article 365 of the Constitution of India as held in §.R Bommai v. Union of India |904 (3) SCC 1. Was Secularism considered a basie feature of the Constitution of india and if yes, why and on what basis? Explain how the federal structure of the Constitution of India was deal with in the judgment 10 interpret the power of the President to make a Proclamation under Article 303 +S She Constitution. Under what circumstances ean the power under Article 365 be used. what are the limits on the power, What are the consequences ofa Proclamation being struck down by the Court? (6 Why is Maneka Gandhi v Union of India (1978) | Supreme Court Cases 248 considered a leading case? What is meant by saying “fundamental rights are not distinct and mutually exclusive rights”? Discuss this proposition with reference t0 the facts of the case and explain how it applied to the ease. What was the interpretation given to the expression “procedure established by law” in Article 21 of the Constitution of India and how did it differ from earlier decided cases? What is the test to determine whether a fundamental right has been violated? (2). “Reservation is one of the many tools that are used to preserve and promess the concept of equality, so that disadvantaged groups ean be brought 10 the forefront of civil life", Discuss this with reference to the relevant provisions of the Constitution of Indian and the enunciation of this proposition in Ashok Kumar Thakur v. Union of India and Ors (2008) 6 Supreme Court Cases 1 and how it was used in relation of reservations for OBC in Central Education Institutions. Dis ass the concept of “creamy layer” as defined in the judgment and the basis for their exclusion form reservations.Bx (8) Discuss the ratio of the judgment in Swamy Shraddananda (2) v. State of Karnataka (2008) 13 Supreme Court Cases 767 . How did the court interpret “life imprisonment” to include “actual period of incarceration to be undergone by convi without the same being subject to remission/commutation ete by the executive under the provisions of the Criminal Procedure Code. What were the considerations that caused the court to come to the conclusion that such as sentence could be imposed? What impact will this judgment have on the death sentence? How does the Supreme Court of India categories a case as “rarest of the rare”?