B.A. LL.B. (Five Years) Sem 7 Professional Ethics and Professional Accounting System 2016 Dec Question Paper - KSLU

Questions asked in this paper

1. Q1 What is 'profession' ? Critically analyse the essential characteristics of 'profession' in the context of legal profession.
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2. Q2 State and elucidate the functions of Bar Council of India.
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3. Q3 What is 'solicit of work' ? Explain BCI standards for professional conduct and etiquette on solicit of work.
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4. Q4 Define right to practice. Comment on its legal status in India in the backdrop of recent developments.
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5. Q5 Discuss 'conflict of interest' rule with the help of Chandra Shekara Soni case.
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6. Q6 Discuss the implications of business like practices on legal profession.
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Write short notes on any two of the following :

1. Q7 (a) Doctrine of subjudice.
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2. Q7 (b) Disciplinary Committee.
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3. Q7 (c) Work Product Theory.
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Solve any two of the following problems :

1. Q8 (a) 'VD' is an advocate to 'NM' for a case before court of civil judge. Allegation of 'NM' is that since beginning of the case, 'VD' is insisting for compromise and 'NM' was suspicious about the attitude of 'VD'. Therefore, 'NM' engaged another advocate named 'MN' along with 'VD'. Much importantly 'NM' had submitted 11 documents, to the court while filing the suit. When subsequently he verified the record of the civil suit he found that, out of 11 documents two documents were not there on record. Since 'NM' never applied for their return he verified it and on inspection, it was revealed that the documents were taken by VD. Guide Mr. NM.
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2. Q8 (b) Mr. 'P' paid a sum of Rs. 500 to the advocate 'Q' to file a suit for recovery of the amount due to him from a company. When the brother-in-law of 'P' met Q to enquire about the status of the case, he was informed that case was still at S.R. stage and yet to be numbered. After few days 'P' sent a letter through registered post along with Rs. 400 to the Q for taking necessary steps so that the matter may be taken up before the court. 'Q' did not send a reply and, after few days, another registered post was sent to him for which there is no reply from advocate. Is it professional misconduct ? Decide.
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3. Q8 (c) Advocate, Mr. Mithun makes an allegation against an additional magistrate that the magistrate had already been transferred to some other court. Instead of reporting to the court, to which he was transferred, he had heard the case and passed some orders, on account of this Mr. Mithun filed a contempt of court petition against additional magistrate for hearing and passing orders. While drafting contempt petition, Mr. Mithun has used unrestricted and filthy language against additional magistrate. Is it professional misconduct ? Decide.
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Typed from the KSLU paper above. The paper is the original. Long reading passages are shortened here to their first and last lines and a summary.