KSLU Solved Question Papers
Professional Ethics and Professional Accounting System
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 7
2011 Jan Examination
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Mumbai
B.A. LL.B. (Five Years) Sem 7 Professional Ethics and Professional Accounting System 2011 Jan Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2011 Jan examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2011 Jan examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2011 Jan examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 2½ hours · Total marks 80 · 20 questions answered
Instructions printed on the paper
- N.B. (1) 1) Answer all 5 questions. 2) One essay type and one short note or problem from each unit have to be attempted, which is referred as part (a) and (b) in all the units. 3) Figures to the right indicate marks. 4) Answer should be written either in English or Kannada completely.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit 1
(a)Explain the procedure and powers of the Disciplinary Committee of State Bar Council in case of misconduct by an Advocate.[10]
Answer
For full marks, cover: who decides a complaint (the disciplinary committee of three under section 9 of the Advocates Act 1961, not the State Bar Council itself); the procedure, stage by stage (reference under section 35(1) and (1A); show-cause notice and hearing under section 35(2) and (5) and rules 3, 4, 7 and 8 of Part VII Chapter I of the Bar Council of India Rules; no dropping on compromise; the majority finding, rule 14; the one-year limit, section 36B); the standard of fairness (An Advocate v. Bar Council of India); the powers (civil court powers and their limit, section 42; the four orders under section 35(3) and (4); costs, section 43; review, section 44, with Shambhu Ram Yadav v. Hanuman Das Khatry); how the committee is kept in check (appeal under section 37); a conclusion.
Who decides
A complaint of misconduct against an advocate goes to the State Bar Council on whose roll he stands. The Council does not try it. Under section 35(1) it refers the case to its disciplinary committee. Section 9 makes each such committee a body of three. Two are elected members of the Council. The third is a co-opted advocate of at least ten years' standing who is not a member. The senior-most advocate among them presides.
The procedure
1. Reference. The Council must refer the case once it has "reason to believe" that the advocate is guilty of "professional or other misconduct". The matter may begin "on receipt of a complaint or otherwise", so the Council may act on its own information. Before referring, it may ask the complainant for better particulars and call for the advocate's comments (rule 2). Under section 35(1A) it may move a pending case from one of its committees to another.
2. Show cause. After the reference, the advocate is sent a notice to show cause by a fixed date. He must file his defence, documents and affidavits. He is warned that the case will be heard in his absence if he does not appear (rule 3).
3. Date of hearing. The Chairman fixes the date, hour and place, ordinarily within thirty days of the reference (rule 4). Notice goes to the advocate and to the Advocate-General of the State (section 35(2)). The Advocate-General may appear in person or through an advocate (section 35(5)).
4. The hearing. The parties may appear in person or by an advocate. If a party stays away despite notice, the committee may proceed ex parte. That order can be set aside on sufficient cause shown within sixty days (rule 7). The committee hears the Advocate-General and the parties. It ordinarily decides on documents and affidavits. Where justice needs cross-examination or oral evidence, it follows the procedure for civil suits as far as possible (rule 8).
5. No private settlement. An inquiry is not dropped merely because the complaint is withdrawn, settled or compromised (rule 11(3)). Misconduct is a wrong to the profession, not only to the complainant.
6. The finding. The finding of the majority is the committee's finding, and a dissenting member may record his reasons (rule 14).
7. Time limit. The committee must finish within one year of receiving the complaint. Otherwise the case stands transferred to the Bar Council of India (section 36B).
The standard of fairness
In An Advocate v. Bar Council of India, AIR 1989 SC 245, an advocate had been suspended for three years on a complaint that his office had withdrawn a client's suit without instructions. The Supreme Court set the order aside on 29 September 1988. It held that disciplinary proceedings are quasi-criminal, because they can take away a man's livelihood. The advocate must be told the exact charge, and issues must be framed. Guilt must be proved beyond reasonable doubt, with the benefit of doubt to him. The committee had never asked whether he acted in good faith, so the matter was sent back.
The powers
1. Powers of a civil court. Section 42(1) gives the committee a civil court's powers to summon witnesses and examine them on oath. It may require documents, receive affidavits, call for public records and issue commissions. It cannot require a presiding judge to attend without the High Court's previous sanction. Nor can it require a revenue court officer without the State Government's.
2. Judicial character. Its proceedings are deemed judicial proceedings (section 42(2)). It may send its summons through a civil court for service and enforcement (section 42(3)). A member's absence does not stop a hearing. But no final order can be passed unless the Chairman and all members are present (section 42(4)).
3. Power to punish. After hearing the advocate and the Advocate-General, the committee may make one of four orders under section 35(3).
| Order | Clause | Effect |
|---|---|---|
| dismiss the complaint, or file a proceeding the Council began | (a) | the advocate is cleared |
| reprimand | (b) | a formal censure on his record |
| suspension | (c) | barred from practising anywhere in India for the period (section 35(4)) |
| removal | (d) | his name is struck off the State roll |
4. Deadlock. If no majority emerges on the final order, the case and the opinions go to the Chairman of the Bar Council. If he sits on the committee, they go to the Vice-Chairman. The final order must follow his opinion (section 42(5)).
5. Costs. The committee may award costs. The order is executable as an order of the High Court (section 43).
6. Review. Under section 44 the committee may review its own order within sixty days, on its own motion or otherwise. A State committee's review takes effect only when the Bar Council of India approves it. Review has limits. In Shambhu Ram Yadav v. Hanuman Das Khatry, AIR 2001 SC 2509, an advocate had written to his client asking for Rs 10,000 to win over the judge. The Bar Council of India's committee ordered his removal, then reviewed the order and cut it to a reprimand. The Supreme Court set the review aside, because every ground it relied on was already on record. Removal was restored.
The check on the committee
Any person aggrieved, or the Advocate-General, may appeal to the Bar Council of India within sixty days of the order being communicated (section 37). A further appeal lies to the Supreme Court under section 38.
Conclusion. The disciplinary committee of a State Bar Council decides complaints the Council refers to it under section 35(1). It issues a show-cause notice, hears the advocate and the Advocate-General, and decides on the majority finding within one year (section 36B). It has a civil court's powers under section 42. It may dismiss, reprimand, suspend or remove under section 35(3), award costs under section 43 and review under section 44. An Advocate requires a specific charge and strict proof. Shambhu Ram Yadav keeps review within settled limits.
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