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B.A. LL.B. (Five Years) Sem 7 Professional Ethics and Professional Accounting System 2012 Jan Question Paper with Solutions

KSLU Solved Question Papers

Professional Ethics and Professional Accounting System

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 7

2012 Jan Examination

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Mumbai

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First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.

munotes.in is an independent study resource for students of Karnataka State Law University. It is not affiliated with Karnataka State Law University, and is not endorsed by it.

The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by Karnataka State Law University at the 2012 Jan examination.

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Contents

The questions below are the paper as Karnataka State Law University set it at the 2012 Jan examination, in the order it was set.

MarksPage

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MarksPage

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The Paper as Set

The questions in this volume are the questions asked at the 2012 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) Answer all 5 questions. (2) Marks are indicated against each question.

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.

Read the original question paper

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Q1

Unit I

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(a)State the functions of State Bar Council.[10]

Answer

For full marks, cover: what a State Bar Council is (section 3 of the Advocates Act 1961, a body corporate under section 5); its functions under section 6(1), clause by clause, in four groups (the roll, discipline, protection and promotion of the profession, running the Council); its funds under section 6(2); how it performs them (committees under sections 9, 9A and 10, rules under sections 15 and 28 with the Bar Council of India's approval); the limits and the Bar Council of India's supervision (sections 7(1)(g), 48A, 48B, 8A); decided cases (Gaurav Kumar v. Union of India, N.G. Dastane v. Shrikant S. Shivde, Bar Council of Maharashtra v. M.V. Dabholkar); a conclusion.

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What a State Bar Council is

Section 3(1) of the Advocates Act 1961 sets up a Bar Council for each State or group of States. Karnataka has its own, the Bar Council of that State. The Advocate-General of the State is an ex officio member (section 3(2)). The advocates on its roll elect fifteen, twenty or twenty-five members, depending on their number. Section 5 makes it a body corporate that can hold property, contract, and sue and be sued. It is the body an ordinary advocate deals with: it enrols him, keeps his name on the roll and hears the first complaint against him.

The functions under section 6(1)

1. Keeping the roll.

  1. (a) To admit persons as advocates on its roll. Applications are made to the State Bar Council in whose area the applicant proposes to practise (section 25).
  2. (b) To prepare and maintain such roll. Names are entered in order of seniority (section 17), and copies are sent to the Bar Council of India (section 19).
  3. (gg) To visit and inspect Universities, but only in accordance with the directions of the Bar Council of India under section 7(1)(i).

2. Discipline.

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  1. (c) To entertain and determine cases of misconduct against advocates on its roll. Section 35 applies where the Council has "reason to believe" that an advocate on its roll is guilty of misconduct. It must then refer the case to its disciplinary committee.

3. Protecting and promoting the profession.

  1. (d) To safeguard the rights, privileges and interests of advocates on its roll.
  2. (dd) To promote the growth of Bar Associations, for the effective working of welfare schemes.
  3. (e) To promote and support law reform.
  4. (ee) To conduct seminars and organise talks on legal topics by eminent jurists, and to publish journals and papers of legal interest.
  5. (eee) To organise legal aid to the poor in the prescribed manner.

4. Running the Council.

  1. (f) To manage and invest the funds of the Bar Council.
  2. (g) To provide for the election of its members.
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  1. (h) To perform all other functions conferred on it by or under the Act.
  2. (i) To do all other things necessary for discharging these functions.

Funds (section 6(2) and (3)). A State Bar Council may set up funds for three purposes. These are welfare schemes for indigent, disabled or other advocates, legal aid or advice, and law libraries. It may receive grants and donations for these purposes.

How it performs its functions

  1. Committees. It must have one or more disciplinary committees (section 9). It must also have an executive committee of five and an enrolment committee of three, elected from its members (section 10(1)). It may set up legal aid committees (section 9A).
  2. Rules. It may make rules on its elections and business (section 15) and on admission and enrolment (section 28). These rules have no effect until the Bar Council of India approves them (sections 15(3) and 28(3)).

Limits and supervision

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  1. Only what the Act allows. A State Bar Council cannot add conditions of its own to what Parliament has laid down.
  2. Supervision from above. The Bar Council of India exercises general supervision and control over State Bar Councils (section 7(1)(g)). It may revise their orders from which no appeal lies (section 48A) and give them binding directions (section 48B).
  3. Failure to hold elections. A State Bar Council may fail to hold its elections in time. The Bar Council of India must then constitute a Special Committee to run it and hold the election (section 8A).

The functions in the courts

Admission: no fee beyond the Act. In Gaurav Kumar v. Union of India, 2024 INSC 558, decided on 30 July 2024, State Bar Councils were charging enrolment fees and other charges far above the figures in section 24(1)(f). The Supreme Court held that no State Bar Council may demand any fee beyond the enrolment fee fixed by section 24(1)(f), whatever it is called. Excess charges violated Articles 14 and 19(1)(g). The ruling applied prospectively, so past excess fees need not be refunded.

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Discipline: a duty, not a discretion. In N.G. Dastane v. Shrikant S. Shivde, AIR 2001 SC 2028, the complainant had waited in court for months while defence advocates obtained adjournment after adjournment. The State Bar Council dropped his complaint on its member's report, and the Bar Council of India declined to interfere. The Supreme Court held that the State Bar Council had abdicated its duty. "Reason to believe" in section 35 is only a filter against frivolous complaints. A genuine complaint must be sent to the disciplinary committee.

Discipline: the Council as guardian of standards. In Bar Council of Maharashtra v. M.V. Dabholkar, AIR 1976 SC 242, advocates rushed at litigants outside the Magistrates' courts to snatch briefs. The State Bar Council itself took the case to the Supreme Court after the Bar Council of India's committee acquitted them. The Court held that rule 36 must be read by the broad canons of ethics, not split into technical elements. The case shows the State Bar Council acting to protect the standards of the profession.

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Conclusion. The State Bar Council's functions under section 6 centre on three things: admitting advocates, keeping the roll and dealing with misconduct. Around these sit its duties to protect advocates, promote law reform, legal education and legal aid, and manage its own funds and elections. It acts through its committees and rules approved by the Bar Council of India, and under that Council's supervision. Gaurav Kumar shows it cannot go beyond the Act, and N.G. Dastane shows it cannot shirk its disciplinary duty either.

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