KSLU Solved Question Papers
Professional Ethics and Professional Accounting System
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 7
2014 Dec Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 7 Professional Ethics and Professional Accounting System 2014 Dec Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2014 Dec examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2014 Dec examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2014 Dec 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 · 13 questions answered
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.
Q1Explain the importance of legal profession in the administration of justice.[12]
Answer
For full marks, cover: what "administration of justice" means and why courts cannot run it without lawyers; the lawyer's part at each stage of a case (advice and settlement before filing, pleadings, interim relief, evidence and cross-examination, argument on law, judgment and appeal, execution); the lawyer as officer of the court (the Preamble, rules 1 to 4, candour); the lawyer's effect on delay (adjournments and strikes, N.G. Dastane v. Shrikant S. Shivde, Ex-Capt. Harish Uppal v. Union of India, Ramon Services Pvt. Ltd. v. Subhash Kapoor); the duty never to mislead (D.P. Chadha v. Triyugi Narain Mishra); the profession as the source of judges and amicus curiae; a conclusion.
What administration of justice needs
The administration of justice is the work of the courts in deciding disputes and trying offences according to law. Indian courts follow the adversarial method. The judge does not gather the evidence himself; he decides on what the parties place before him. So the quality of justice depends on the quality of the advocates who prepare and present each side. The Preamble to the Bar Council of India's standards calls an advocate "an officer of the Court". That phrase sums up his place in the system.
The lawyer at each stage of a case
1. Before the case is filed. Most disputes never reach a court because a lawyer advises the client honestly. He tells a client with a weak claim not to sue, and helps parties settle. Rule 18 forbids him to stir up litigation. Section 89 of the Code of Civil Procedure lets courts refer disputes to arbitration, conciliation, mediation or settlement, and lawyers make those processes work. Each dispute settled outside court frees the court for others.
2. Pleadings. The lawyer turns a client's story into a plaint, written statement or complaint that states the material facts and the relief. Clear pleadings let the court frame the real issues. Defective pleadings cause amendments, delay and sometimes the loss of a good case.
3. Interim relief. Injunctions, bail and stays often decide the practical outcome. The lawyer must present the urgency honestly and must not suppress facts, because interim orders are often passed on his word.
4. Evidence. Examination-in-chief brings out the party's case. Cross-examination tests the other side's witnesses. In the adversarial system cross-examination is the main tool for finding the truth. The Bharatiya Sakshya Adhiniyam 2023 limits it. A question attacking a witness's character needs reasonable grounds (section 152), and none may be intended to insult or annoy (section 155).
5. Argument on law. Judges decide many cases a day. They depend on advocates to cite the relevant statutes and precedents, including those against their own client. A good argument narrows the dispute and leads to a sound, quick judgment.
6. Appeal and execution. The lawyer advises whether to appeal, and on what grounds. After a decree, he takes the steps that turn a paper decree into real relief. Without him, many decrees would never be executed.
The officer of the court
The rules make the advocate's duty to the court a legal duty. He must act with dignity and not be servile (rule 1), and keep a respectful attitude (rule 2). He must never influence a decision by improper means (rule 3). He must restrain his client from unfair practices and use restrained language (rule 4).
Never mislead the court. In D.P. Chadha v. Triyugi Narain Mishra, AIR 2001 SC 457, an advocate was found to have been party to misleading the court. The Supreme Court held that a lawyer must tell the court the correct position of law and must never be party to misleading it. A justice system cannot work if the court cannot trust what counsel tells it.
Public confidence
Litigants judge the courts largely by the lawyers they meet there. An advocate who keeps his word, explains the process and treats the court with respect builds trust in the system. One who abuses the court damages it. The courts therefore protect their own process. Pravin C. Shah v. K.A. Mohd. Ali, AIR 2001 SC 3041, is an example. The Supreme Court upheld a High Court rule barring an advocate convicted of contempt from appearing until he purged the contempt.
The lawyer and delay
Delay is the greatest weakness of the Indian justice system, and lawyers can cause or cure it.
- Adjournments. In N.G. Dastane v. Shrikant S. Shivde, AIR 2001 SC 2028, defence advocates sought adjournment after adjournment while a witness waited to be cross-examined. On one date an advocate said he could not speak because of a throat infection, but was seen arguing in another court. The Supreme Court held that seeking adjournments without just cause, to stall a present witness's cross-examination, can be professional misconduct.
- Strikes. In Ex-Capt. Harish Uppal v. Union of India, AIR 2003 SC 739, the Supreme Court held that lawyers have no right to strike or boycott courts, not even a token strike. Courts need not adjourn because lawyers are on strike.
- Costs for absence. In Ramon Services Pvt. Ltd. v. Subhash Kapoor, AIR 2001 SC 207, an ex parte order had been passed when counsel stayed away during a strike. Setting it aside, Justice Sethi said the other side was entitled to exemplary costs. The litigant who pays them "has a right to be compensated by his defaulting counsel".
Source of judges and helpers of the court
The Bar supplies the Bench. Judges of the High Courts and the Supreme Court, and district judges, are drawn in large part from advocates (Articles 124, 217 and 233). Advocates also serve as amicus curiae in difficult cases and as legal aid counsel for those who cannot pay. Both roles help courts reach just results where a party would otherwise be unrepresented.
Conclusion. The courts administer justice, but they do so through the advocates who appear before them. At every stage, from advice to execution, the lawyer shapes whether a case is decided quickly and correctly. As an officer of the court he must be candid (D.P. Chadha), avoid needless adjournments (N.G. Dastane) and never strike (Harish Uppal). The profession is therefore not an outsider to the justice system but one of its essential parts.
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