Professional ethics and cases of professional misconduct under bci rules

Introduction Misconduct is the antonym of conduct. Conduct means behavior with good manners and treatment shown towards others. Misconduct represents misbehavior. Misconduct as explained in the Dictionary is ‘improper conduct’. The term ‘misconduct’ has been defined in Black’s Dictionary as ‘a transgression of some established and defined rule of action, a forbidden act, a dereliction of duty, unlawful behavior, willful in character, improper or wrong behavior’. Its synonyms are misdemeanor, impropriety, mismanagement, offence, but not negligence or carelessness. SURENDRA NATH MITTAL v. DAYA NAND SWAROOP ( BCI Tr. Case No. 63/1987) FACTS: In this case, the complaint was addressed to the Chief Justice of Allahabad High Court by Surendra Nath Mittal against Daya Nand Swaroop alleging that Daya Nand Swaroop and his father Bhagwat Swaroop filed a suit against the complainant for the recovery of certain amount for use and occupation of an accommodation in the tenancy of the complainant. Sri Bhagwat Swaroop died and his heirs were brought on record. ISSUE: The suit was declared ex parte and a decree was drawn. Thereafter, Daya Nand Swaroop made interpolation in the judgment and decree by addition of the word “mai sood” (i.e., including interest) either in his own handwriting or otherwise caused to be added these two words. These words were added in the operative portion of the judgment and also in decree are in one and the same handwriting and it is not in the handwriting of the...

AIBE Answer Key has been released. The exam was held in the month of February 2023, All India Bar Examination (AIBE) is conducted by the Bar Council of India (BCI) for the 17th time in India, now. This is a certification exam held to set a benchmark that the lawyers must meet in order to be eligible to attend any of the tribunals, courts, or administrative bodies in India. On passing this exam, the candidates are awarded a Certificate of Practice (COP) from the Bar Council of India. • It is conducted by the Bar Council of India. • It is an MCQ-based examination with a total of 100 objective-type questions • Only those who have already enrolled themselves with their respective State Councils are eligible to sit. • AIBE exam is an open-book test, i.e. appearing candidates are allowed to carry bare acts along with them in the exam hall. • Candidates must secure 40% marks of the total marks (35% in the case of the SC/ST category) to pass the test. • The questions of the exam test the aspirant’s basic knowledge and understanding of a total of 19 subjects like Code of Civil Procedure, Code of Criminal Procedure, Constitution of India, Indian Evidence Act, Rehabilitation and Resettlement Act, Indian Penal Code, Negotiable Instruments Act, etc. AIBE 2023 Exam Latest Updates Here are some of the most recent updates regardi

AIBE FAQs 2022 - This article is for law graduates who want to appear in the All India Bar Examination. It carries a series of AIBE faqs intended to address the basic questions about the examination. AIBE faqs deal with all aspects of the examination such as eligibility, application, pattern, certificate of practice and others. Read the complete article below. Event Date for 17th AIBE Release of AIBE application form December 13, 2022(after 5:00 pm) Registration for candidates enrolled with the Bar Council of Telangana, Sikkim, Uttarakhand and Jharkhand December 15, 2022(after 5:00 pm) Payments through online mode for AIBE - XVII starts from December 13, 2022 Last date to register January 16, 2023 Last date of payments through online mode for AIBE XVII January 19, 2023 Online link activation date for admit card verification process is from January 21, 2023 onwards Last date of correction of online admit card January 25, 2023 Period of online release of admit card for candidates January 30, 2023 to February 3, 2023 AIBE XVII (17) 2022 exam date February 5, 2023 Popular Law Entrance Exam: • AILET • LAT • MH CET Law • CLAT AIBE 2022 Frequently Asked Questions AIBE faqs 2022- The general questions Question - I appeared in AIBE XVI (16) 2021, can I also appear in AIBE XVII (17)? Ans - Yes, you can appear in AIBE XVII (17). If you haven't cleared AIBE XVI (16) then you will have to clear AIBE XVII (17). In case you have passed the AIBE XVI (16) 2021, there is no need to appear i...

The conducting body, Bar Council of India is responsible for releasing the exam pattern of AIBE XVI 2021. The exam pattern of AIBE XVI 2021 is made available by the BCI on the official website of the All India Bar Examination. Candidates appearing for the BCI certification exam must be aware of the AIBE XVI exam pattern 2021. By knowing the exam pattern of AIBE XVI 2021 law graduates will be able to understand the basic structure of the examination. It is compulsory for all law graduates to obtain certification from BCI in order to practice law anywhere in the country. About AIBE The objective of The All India Bar Examination (AIBE) is to examine an advocate’s capability to practice the profession of law in India. The AIBE will assess skills at a basic level, and is intended to set a minimum benchmark for admission to the practice of law; it addresses a candidate’s analytical abilities and understanding basic knowledge of law. After passing the examination candidate will be awarded “Certificate of Practice” by the Bar Council of India. AIBE will be conducted in 40 cities all across India. Candidates will have 11 languages to choose for attempting the examination. Examination pattern will be multiple choice question and it will be open book exam. The notification bringing the All India Bar Examination into force was passed by the Legal Education Committee and the members of the Bar Council of India at duly constituted meetings on April 10, 2010 and April 30, 2010. Eligibili...

Rules on professional standards 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. RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT 1. Act in a dignified manner During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. He should at all times conduct himself with self-respect. However, whenever there is proper ground for serious complaint against a judicial officer, the advocate has a right and duty to submit his grievance to proper authorities. 2. Respect the court An advocate should always show respect towards the court. An advocate has to bear in mind that the dignity and respect maintained towards judicial office is essential for the survival of a free community. 3. Not communicate in private An advocate should not communicate in private to a judge with regard to any matter pending before the judge or any other judge. An advocate should not influence the decision of a court in any matter using illegal or improper means such as coercion, bribe ...

The Bar Council of India has announced recently that from All India Bar Examination-XVI (AIBE-XVI)onwards, no books, notes, or study material will be allowed in the Examination Hall. Though as stated in the notification, candidates are allowed to carry Bare Acts without notes. Bare Acts are the exact text of a particular enactment by the legislature without interpretation. The official notification released by BCI read as: “This is to notify that All India Bar Examination-XVI (AIBE-XVI) onwards, no books, notes, or study material will be allowed in the Examination Hall. Candidates can carry bare acts without notes.” The council conducted the All India Bar Examination as an open book exam and carrying study material to the examination hall was also allowed till AIBE- XV. However, BCI’s latest decision to restrict candidates from using books while appearing for the exam may take the exam tougher. The said notification can be accessed on the official website The All India Bar Examination-XVI (AIBE-XVI)is scheduled for April 25, 2021while AIBE-XVwas held on, i.e. January 24, 2021. AIBE (XVI) pattern 2021 According to AIBE (XVI) 2021 Notice, exam will be conducted on April 25, 2021. The application form was released on December 26, 2020 and the last date to submit the application form is until March 31, 2021. A “Certificate of Practice” will be issued by the BCI to the qualified candidates. Candidates interested in pursuing career in law must note that according to BCI, the AIB...