Legal Ethics and Court Crafts

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: NINTH
Code: LLB 501
Name of the Subject:
Legal Ethics and Court Crafts
Unit- 1
Supreme Court Rules 1966 and Delhi
High Court Rules 1967

Supreme Court Rules 1966
i. Advocates and their Course of Conduct
ii. Role of Single Judge and Registrar of the Supreme
Court
iii. Types of Petition Entertained by the Supreme Court,
Writ petition, Election Petition

In exercise of the powers conferred by Article 145 of
the Constitution, and all other powers enabling it in
this behalf, the Supreme Court hereby makes, with
the approval of the President, the following rules,
namely:
PART I GENERAL ORDER I INTERPRETATION, ETC. 1.
(1) These rules may be cited as the Supreme Court
Rules, 1966.

(2) They shall come into force on such date as the
Chief Justice of India may, by notification in the
Official Gazette, appoint and different dates may be
appointed for different provisions of these rules:
Provided that proceedings pending in the Supreme
Court or any High Court in relation to appeals by
virtue of certificates granted under Article 132(1),
Article 133(1) or Article 135 of the Constitution shall
unless otherwise ordered by this Court, be governed
by the rules in force prior to the appointed date,
and all steps therein shall continue to be taken in
accordance with the said rules.

2. (1) In these rules, unless the context otherwise
requires –
2 [(a) ‘advocate’ means a person whose name is
entered on the roll of advocates prepared and
maintained by a State Bar Council under the
Advocates Act, 1961 (25 of 1961);]
(b) ‘advocate on record’ means an advocate who is
entitled under these rules to act as well as to plead
for a party in the Court;
(c) ‘appointed day’ means the date on which these
rules shall come into force;

(d) ‘Chief Justice’ means the Chief Justice of India, and
includes a Judge appointed under article 126 of the
Constitution to perform the duties of the Chief
Justice;
(e) ‘Code’ means the Code of Civil Procedure, 1908 (5
of 1908);
(f) ‘Constitution’ means the Constitution of India;
(g) ‘Court’ and ‘this Court’ means the Supreme Court
of India;

(h) ‘Court appealed from’ includes a Tribunal or any other
judicial body from which an appeal is preferred to the
Court;
(i) ‘High Court’ means- (i) as respects anything done before
the commencement of the Constitution, a High Court
within the meaning of section 219 of the Government of
India Act, 1935; and
(ii) as respects anything done or to be done after the
commencement of the Constitution, a High Court
established by or recognized under the Constitution;
(j) ‘Judge’ means a Judge of the Court;

(k) ‘judgment’ includes decree, order, sentence or
determination of any Court, Tribunal, Judge or Judicial
Officer;
(l) ‘prescribed’ means prescribed by or under these rules;
(m) ‘record’ in Part II of these rules means the aggregate of
papers relating to an appeal (including the pleadings,
proceedings, evidence and judgments) proper to be laid
before the Court at the hearing of the appeal;
(n) ‘Registrar’and ‘Registry’mean respectively the Registrar
and Registry of the Court;

(o) ‘respondent’ includes an intervener;
(p) ‘the rules’ and ‘rules of Court’ means these rules and
include the forms appended to these rules;
(q) ‘Senior advocate’ means any advocate so designated
under subsection (2) of section 16 of the Advocates Act,
1961 (25 of 1961), and all such advocates whose names
were borne on the roll of the senior advocates of the
Court immediately before the commencement of
Chapter III of the Advocates Act, 1961; (r) ‘Taxing Officer’
means the Officer of the Court whose duty is to tax costs
of proceedings in the Court.

Delhi High Courts Rules
i. Advocates and their Course of Conduct
ii. Role and Power of Single Judge
iii. Civil and Criminal Jurisdiction of the Court

Delhi High Court Rules, 1967
• In exercise of powers conferred by Sections
122 and 129 of the Code of Civil Procedure,
1908 and Section 7 of the Delhi High Court
Act, 1966 (Act 26 of 1966) and all other
powers enabling it, the Delhi High Court
hereby makes the following Rules, after
previous publication with respect to practice
and procedure for the exercise of its ordinary
original civil jurisdiction.

• Volume I Chapter 1 : Practice in the Trial of
Civil Suits
• Volume I Chapter 2 : Jurisdiction
• Volume I Chapter 3 : Valuation of Suits
• Volume I Chapter 4 : Arbitration
• Volume I Chapter 5 : Witnesses-Civil Courts
• Volume I Chapter 6 : Suits by or Against
Persons in Military Service

• Volume I Chapter 7 : Suits by Aliens and by or
Against Rulers, Ambassadors, Envoys, etc.
• Volume I Chapter 8 : Suits by or Against the
Government and Public Officers in Their Official
Capacity
• Volume I Chapter 9 : Utilisation of the Services of
the Special Kanungo or Patwari Muharrir
• Volume I Chapter 10 : Commissions and Letters of
Request

Semester: NINTH
Code: LLB 501
Unit- 2
The Limitation Act, 1963 and The
Registration Act, 1908

THE LIMITATION ACT,1963
1. Short title, extent and commencement.—(1) This Act may be called
the Limitation Act, 1963.
(2) It extends to the whole of India except, the State of Jammu and
Kashmir.
(3) It shall come into force on such date1 as the Central Government
may, by notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “applicant” includes—
(i) a petitioner;
(ii) any person from or through whom an applicant derives his right to
apply;
(iii) any person whose estate is represented by the applicant as
executor, administrator or other representative;

(b) “application” includes a petition;
(c) “bill of exchange” includes a hundi and a cheque;
(d) “bond “ includes any instrument whereby a person obliges himself to pay
money to another, on condition that the obligation shall be void if a
specified act is performed, or is not performed, as the case may be;
(e) “defendant” includes—(i) any person from or through whom a defendant
derives his liability to be sued;
(ii) any person whose estate is represented by the defendant as executor,
administrator or other representative;
(f) “easement” includes a right not arising from contract, by which one person
is entitled to remove and appropriate for his own profit any part of the soil
belonging to another or anything growing in, or attached to, or subsisting
upon, the land of another;

(g) “foreign country” means any country other than India;
(h) “good faith”— nothing shall be deemed to be done in good faith which is
not done with due care and attention;
(i) “plaintiff” includes—
(i) any person from or through whom a plaintiff derives his right to sue;
(ii) any person whose estate is represented by the plaintiff as executor,
administrator or other representative;
(j) “period of limitation” means the period of limitation prescribed for any
suit, appeal or application by the Schedule, and “prescribed period”
means the period of limitation computed in accordance with the
provisions of this Act;
(k) “promissory note” means any instrument whereby the maker engages
absolutely to pay a specified sum of money to another at a time therein
limited, or on demand, or at sight;

THE REGISTRATION ACT,1908
An Act to consolidate the enactments relating to the Registration of
Documents.
WHEREAS it is expedient to consolidate the enactments relating to
the registration of documents; it is hereby enacted as follows:-
Statement of Objects and Reasons:- -This is a pure consolidating Bill.
The provisions relating to the registration of documents are now
scattered about in seven enactments. The object of the present Bill
is to collect these provisions and to incorporate them in one Act.
This will make the law more easily ascertainable. It will further clear
the Statute-book of three entire Acts and will enable two more Acts
to be entirely removed from it on the coming into force of the Code
of Civil Procedure, 1908, and of the Indian Limitation Bill, now
before Council.

The fact that the General Clauses Act, 1897, will apply to the Bill
when passed has rendered it unnecessary to retain some provisions
of the present Acts. The opportunity has been taken to incorporate
alterations of a formal character intended merely to improve and
simplify the language of the existing Act. The numbering of the
sections of the Act of 1877 has been preserved. It has been found
that the mere process of consolidation might result in the law being
changed in some respects. To avoid this some few amendments
appear to be necessary. Amendment Act 17 of 1956-Statement of
Objects and Reasons.-While India is a secular State recording of
castes and sub-castes of parties mentioned in a deed for
registration in States is anomalous.

This Bill is intended to remove that anomaly. Amendment Act 45 of
1969-Statement of Objects and Reasons.-Under section 30(2) of the
Indian Registration Act, 1908, the Registrar of a district in which any
of the three Presidency towns of Calcutta, Bombay or Madras is
situated may receive and register any document relating to
immovable property wherever in India that property may be
situated.
In view of the growing importance of Delhi as the capital of the
Union of India, as a business and commercial centre and as a
cosmopolitan town, where people from every part of India come
and reside, it has been felt for quite some time that the benefit of
section 30(2) may also be extended to Delhi.

THE REGISTRATION ACT, 1908
Representations in this behalf have also been received from the
Delhi Administration. The matter has been examined by the Law
Commission in its Thirty-first Report. The Commission has
recommended that the provisions of section 30(2) of the Indian
Registration Act should appropriately be extended to the
metropolitan city also. The Bill seeks to implement this
recommendation.
2. In consonance with the present legislative practice which has been
adopted since the. Independence of the country, this opportunity
to amend the Indian Registration Act, 1908, is being availed of to
suggest the omission of the word "Indian" from the short title of
the Act.

THE LIMITATION ACT,1963 and THE
REGISTRATION ACT,1908
a. Limitation
i. Procedural Law:
Section 5 Condonation of Delay,
ss6-9 Legal Disability,
ss14-15 Exclusion of Time of Proceeding in Good Faith in Wrong
Court,
ss18-19 Acknowledgement
ii. Substantive Law:
S25 Law of Prescription and s27 Adverse Possession, s 29 Saving
Clause

THE LIMITATION ACT,1963 and THE
REGISTRATION ACT,1908
b. Registration
i. Compulsory Registered Documents s17
ii. Optional Registration s18
iii. Time and Place for Registration ss23-31
iv. Effects of Registration and non Registration ss47-50

Semester: NINTH
Code: LLB 501
Unit- 3
Bench-Bar Relations

BENCH BAR RELATIONS
a. The Advocates Act, 1961
b. State Bar Council and Bar Council of India: Duties and Functions
c. Professional Misconduct and Punishments s35
d. Role and power of Disciplinary Committee ss36-42

BENCH BAR RELATIONS
• Bar refers to the lawyers and Bench refers to the members of the judiciary,
i.e., Judges. It is the body of persons which operates the machinery
through which justice is administered, composed mainly of the Judges and
the Advocates who help them in discharging their difficult duties, has
existed and functioned both in ancient and modern times.
• Bar & Bench relations in law refers to the cordial relationship between
Advocates (Bar) and Judges (Bench). Bar and Bench plays an important
role in the administration of justice. Bench administer the justice with the
help of the Bar.
• The Judicial Process in today’s world includes that task of Social
Engineering. Concepts of justice, however, have changed vastly in the
course of time. And, as between different States in modern times too,
Justice, as embodied in the law, has different contents and connotations.

BENCH BAR RELATIONS
• Such differences as we find between different States as regards the
functions of the Bar and Bench are, mainly due to the somewhat differing
basic concepts of justice found in the laws of different States. These
concepts have been produced and molded by the operations of complex
and interconnected, constantly acting and counter-acting, sets of factors
in the course of our histories.
• As the officers of the Court, lawyers are expected to assist the Bench in
administering justice. They are expected to maintain respectful attitude,
towards the Bench keeping in mind that, the dignity of judicial office is an
essential for the survival of the society. Thus, mutual respect is necessary
among the lawyers and judges to maintain the harmony between the Bar
and Bench.

THE ADVOCATES ACT, 1961
THE ADVOCATES ACT, 1961 An Act to amend
and consolidate the law relating to legal
practitioners and to provide for the
constitution of the Bar Councils and an All-
India Bar.

State Bar Council and Bar Council
of India: Duties and Functions
The Bar Council of India is a statutory body established under
the section 4 of advocates Act 1961 that regulates the legal
practice and legal education in India. Its members are elected
from amongst the lawyers in India and as such represents the
Indian bar. 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 enroll themselves as advocates
upon graduation.

Duties and Functions
• Section 7 of the Advocates Act, 1961 lays down the Bar Council’s
regulatory and representative mandate. The functions of the Bar Council
are to:
• Lay down standards of professional conduct and etiquette for advocates.
• Lay down procedure to be followed by disciplinary committees
• Safeguard the rights, privileges and interests of advocates
• Promote and support law reform
• Deal with and dispose of any matter which may be referred by a State Bar
Council
• Promote legal education and lay down standards of legal education.

Duties and Functions
• Determine universities whose degree in law shall be a qualification for
enrollment as an advocate.
• Conduct seminars on legal topics by eminent jurists and publish journals
and papers of legal interest.
• Organize and provide legal aid to the poor.
• Recognize foreign qualifications in law obtained outside India for
admission as an advocate.
• Manage and invest funds of the Bar Council.
• Provide for the election of its members who shall run the Bar Councils.
• Organize and provide legal aid to the scheduled caste.

Professional Misconduct and
Punishments
Profession is a vocation requiring some significant body of knowledge that
is applied with high degree of consistency in the service of some relevant
segment of society, by Hodge and Johnson. Occupation especially one
requiring advanced education and special training by A. S. Hornby. It is
different from other types of jobs, in the sense that it requires skills and
these skills will be improved with experience.
The attributes of a profession as laid down by Dalton E. McFarland are;
1) The existence of a body of specialized knowledge or techniques
2) Formalized method of acquiring training and experience
3) The establishment of representative organization with professionalism
as its goal.

Punishments
4) The formation of ethical codes for the guidance of conduct.
5) The charging of fees based on services but with due regards for the
priority of service over the desire for monetary rewards.
A person who carries/undertakes the profession is called a professional.
Depending on the profession a person undertakes, he/she is identified
with a special name relevant to the profession.

Punishments
Misconduct, according to Oxford dictionary means a wrongful, improper,
or unlawful conduct motivated by premeditated act. It is a behavior not
conforming to prevailing standards or laws, or dishonest or bad
management, especially by persons entrusted or engaged to act on
another's behalf. The expression professional misconduct in the simple
sense means improper conduct. In law profession misconduct means an
act done willfully with a wrong intention by the people engaged in the
profession.
It means any activity or behavior of an advocate in violation of professional
ethics for his selfish ends. If an act creates disrespect to his profession and
makes him unworthy of being in the profession, it amounts to professional
misconduct. In other word an act which disqualifies an advocate to
continue in legal profession.

Semester: NINTH
Code: LLB 501
Unit- 4
LEGAL ETHICS

LEGAL ETHICS
Legal ethics is the minimum standards of appropriate
conduct within the legal profession. It is the behavioral
norms and morals which govern judges and lawyers. It
involves duties that the members owe one another, their
clients, and the courts.
a. Duty to Court, Client, Opponent, Colleagues s7 and s49, along with
the Rules of the Bar Council India
b. Duty towards Society

LEGAL ETHICS
LEGAL ETHICS Introduction: The word ethics is derived from the
Greek word ‘ethos’ (character) and from the Latin word ‘mores’
(customs). Together they combine to define how individuals choose
to interact with one another. In philosophy, ethics defines what is
good for the individual and for society and establishes the nature of
duties that people owe to themselves and to one another. Ethics
and legal profession often work hand in hand. Legal profession is a
noble profession. The nobility of the legal profession is maintained
by the adherence and observance of a set of professional norms by
those who adopt this profession. It is known as legal ethics or the
ethics of the legal profession

FUNDAMENTALS OF LEGAL ETHICS
The fundamentals of the legal ethics, may be defined as code of
conduct written or unwritten for regulating the behavior of a
practicing lawyer towards himself, his client his adversary in law and
towards the court. Object of the Professional Ethics: The main
object of the professional ethics of advocacy is to maintain the
dignity of the legal profession. Chief Justice Marshall has observed
in this respect, “The fundamental aim of legal ethics is to maintain
the honor and dignity of the law profession to secure a spirit of
friendly co-operation between the bench and bar in the promotion
of higher standard of justice, to establish honorable and fair
dealings of the counsel with his client, opponent and witness, to
establish a spirit of brotherhood with bar itself and to secure that
lawyers discharge their responsibilities to the community
generally”.

LEGAL PROFESSION
Legal profession is not a business but a profession. It has been
created by the state for the public good. Consequently, the
essence of the profession lies in the three things:
1.Organization of its members for the performance of their
function;
2. Maintenance of certain standards, intellectual and ethical for
the dignity of the profession;
3. Subordination of pecuniary gains to efficient services

Professional conduct &
Professional ethics
Most people think that professional conduct and
professional ethics are one and the same. However, there is
a slight difference between the two. In professional
conduct the member of the profession acts under some
statutory or contractual powers i.e. legal obligation,
whereas in professional ethics a member of profession is
expected to follow i.e. moral obligation. Professional ethics
is noble and those who remain within it are considered
divine.

Advantages of Having Codified
Professional Ethics
Firstly, codes of ethics are important means of social control. It will
keep new corner to the profession aware and old members in line
according to the social requirement and expectations. Secondly,
Professional ethical codes prevent control or interference by the
government or by society though some one of its agencies. If a
degree of standardization is needed and that is done by the
profession itself, it will keep outside interference away.
Governmental regulations through law tend to be negative while
ethics points to the goal desired. Thirdly, ethical codes are
important, in developing higher standards of conduct. The codes
crystallize best Judgment about the profession. Fourthly, the
existence of code will have great educative, corrective and
appreciable value for both the lawyers and the laymen.

Duty to Court
• Advocates, in addition to being professionals, are also officers of the
courts and play a vital role in the administration of justice.
• Accordingly, the set of rules that govern their professional conduct arise
out of the duty that they owe 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 placed there under section 49(1)(c) of the
Advocates Act, 1961.

THANK YOU

Legal Ethics and Court Crafts

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