UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY

A PROJECT REPORTSUBMITTED AS A PART OF CURRICULUM OF

B.COM. LL.B. (Hons.) IN THE SUBJECT OFRESEARCH METHODOLOGY
ON THE TOPIC OF

Court Manners - Need, Clarity of Factual Proposition and Grasp of Legal

Aspects, Court Demeanor and Citation of Cases with illustration.

SUBMITTED TO: SUBMITTED BY:

PROF.(DR.) GULSHAN KUMAR DISHU KUMAR

236/18

SECTION: C(6th Sem)

1
 ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher Dr. Gulshan
Kumar who gave me the golden opportunity to do this wonderful project on the
topic ‘Court Manners - Need, Clarity of Factual Proposition and Grasp of Legal
Aspects, Court Demeanor and Citation of Cases with illustration.’ which also
helped me in doing a lot of research and I came to know about so many new
things. He provided with guidelines from time to time. His profound knowledge of
the subject helped me in writing meaningful content in the project. I am really
thankful to him.

Secondly I would also like to thank my parents and friends who supported me
morally as well as helped me in finding relevant material regarding the project
so that I could complete it in the limited time frame.

2
 CERTIFICATE OF ORIGINALITY

I ,Dishu Kumar, student of B. ComLL. B (Hons.), University Institute of Legal

Studies, hereby declare that the project entitled ‘Court Manners - Need, Clarity
of Factual Proposition and Grasp of Legal Aspects, Court Demeanor and
Citation of Cases with illustration.’ submitted in partial fulfilment for evaluation
as a part of curriculum of ‘Research Methodology’ for the session 2020-21 is our
own work and has been carried under the guidance of our teacher, Dr. Gulshan
Kumar. The work is original and has not been submitted earlier to this university.
All the sources used or referred to in this project have been duly mentioned.

3
 TABLE OF CONTENT

SR. NO. PARTICULARS PAGE NO.

1 Court Manner’s Introduction 5

2 Court Demeanour (Advocate) 5-8

3 Client’s Duties 9

4 Canons of Judicial Ethics 10

5 Need, Clarity of factual proposition and grasp of legal 11-12

aspects

6 Citation of Cases with Illustration 13-16

7 Bibliography 17

4
 Court Manners Introduction
All members of the legal profession have a paramount duty to the Court and to the administration
of justice, this duty prevails over all other duties, especially in circumstances where there may be
a conflict of duties, for example, following a client's instructions if those instructions are
inconsistent with the practitioner's duties to the Court. Whilst this duty affects professional conduct
within the solicitor-client relationship, it is a broad duty, and each member of the legal profession
is entrusted to maintain the independent and impartial administration of justice. It is important that
legal practitioners conduct themselves with integrity, provide competent assistance to the courts,
and promote public confidence in the court system. In carrying out their duties, legal practitioners
are required and expected to deal with other members of the legal profession with courtesy and
integrity. Cooperation and fair dealing is necessary for the advocates. Advocacy is a noble
profession. It cannot be compared with any other profession like trade, business etc. because it is
a part and parcel of the judiciary and administration of justice. Bar and bench are two eyes of the
Justice. There are judicial ethics and etiquette for judges. There are professional ethics and
etiquette for advocates. Every advocate should follow them in his profession. An advocate is also
a key person in conducting a proceeding before the court. While conducting a proceeding the
advocate should function intelligently. Every advocate must follow these duties because they are
part and parcel of professional ethics and etiquette. Whoever fails to oblige them, such an advocate
is said to have committed professional misconduct and be punished accordingly.

Court Demeanour

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.

5
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 to a judge

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 etc.

4. Refuse to represent clients who insist on unfair means and establishments of which he is a
member
An advocate shall refuse to represent any client who insists on using unfair or improper means. He
shall not blindly follow the instructions of the client. He shall not scandalously damage the
reputation of the parties on false grounds during pleadings. He shall not use unparliamentary
language during arguments in the court.An advocate should not appear in or before any judicial
authority, for or against any establishment if he is a member of the management of the
establishment.

5. Appear in proper dress code

An advocate should appear in court at all times only in the dress prescribed under the Bar Council
of India Rules and his appearance should always be presentable.

6. Refuse to appear in front of relations

An advocate should not enter appearance, act, plead or practice in any way before a judicial
authority if the sole or any member of the bench is related to the advocate as father, grandfather,
son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt,
niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.

6
RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT

1. Bound to accept briefs and not disclose this communication

An advocate is bound to accept any brief in the courts or tribunals or before any other authority in
or before which he proposes to practise. Special circumstances may justify his refusal to accept a
particular brief. An advocate should not by any means, directly or indirectly, disclose the
communications made by his client to him. He also shall not disclose the advice given by him in
the proceedings.

2. Not withdraw from service

An advocate should not ordinarily withdraw from serving a client once he has agreed to serve
them. He can withdraw only if he has a sufficient cause and by giving reasonable and sufficient
notice to the client. Upon withdrawal, he shall refund such part of the fee that has not accrued to
the client.

3. Not suppress material or evidence

An advocate appearing for the prosecution of a criminal trial should conduct the proceedings in a
manner that does not lead to conviction of the innocent. An advocate shall by no means suppress
any material or evidence, which shall prove the innocence of the accused.

4. Not charge depending on success of matters

An advocate should not charge for his services depending on the success of the matter undertaken.
He also shall not charge for his services as a percentage of the amount or property received after
the success of the matter.

5. Not appear for opposite parties

An advocate who has advised a party in connection with the institution of a suit, appeal or other
matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite
party in the same matter.

7
RULES ON AN ADVOCATE’S DUTY TOWARDS FELLOW ADVOCATES

1. Not advertise or solicit work

An advocate shall not solicit work or advertise in any manner. He shall not promote himself by
circulars, advertisements, touts, personal communications, interviews other than through personal
relations, furnishing or inspiring newspaper comments or producing his photographs to be
published in connection with cases in which he has been engaged or concerned.

2. Sign-board and Name-plate

An advocate’s sign-board or name-plate should be of a reasonable size. The sign-board or name-
plate or stationery should not indicate that he is or has been President or Member of a Bar Council
or of any Association or that he has been associated with any person or organisation or with any
particular cause or matter or that he specialises in any particular type of work or that he has been
a Judge or an Advocate General.

3. Not promote unauthorized practice of law

An advocate shall not permit his professional services or his name to be used for promoting or
starting any unauthorised practice of law.

4. Consent of fellow advocate to appear

An advocate should not appear in any matter where another advocate has filed a vakalt or memo
for the same party. However, the advocate can take the consent of the other advocate for appearing.

Client’s Duties

8
There are no guaranteed victories in court, but when you prepare for court, you’re improving your
chances for success. Like everyone else, judges, court staff, and lawyers want to do their jobs
smoothly and efficiently. Help them do their jobs by properly preparing for court:

1. Security Screening
Most counties will have security at the court entrance so be prepared to do a very similar dance to
the security at the airport, metal detectors and the like. So dress for that and only bring appropriate
items as they will confiscate or not allow you in with any contraband. Contraband is stuff that
would not be allowed into court – think, weapons, drugs, etc.

2. Dress Code
The attire you wear does indicate how you feel about the court. It is urged to clients to show their
respect for the court and the system overall by dressing appropriately. Again, it is not a black-tie
affair by any means, but respectful attire is appreciated and shows the court you’re taking this
situation seriously.

3. When You Appear in Court

If you’re rude or inconsiderate, a judge and other court staff will notice. A judge expects everyone
present to pay attention and act with respect. If you’re in court, follow your attorney’s lead, and
be respectful. Court is serious business, and judges don’t take kindly to violations of etiquette and
rules.

4. After Your Time in Court

Your attorney will follow up with you and keep you informed. If your case requires further
appearances, your attorney will manage the process and let you know what needs to happen. Do
not contact the court or the judge directly.

Canons of Judicial Ethics: Conduct, Character,

and Integrity of Judicial Officer
9
Canon 1: A Judicial Employee Should Uphold the Integrity and Independence of the
Judiciary and of the Judicial Employee's Office

Canon 2: A Judicial Employee Should not use public office for private gain.

Canon 3: A judicial employee should not be a judge in his own case as per the Principles of
Natural Justice.

A. OUTSIDE ACTIVITIES-
A judicial employee's activities outside of official duties should not detract from the dignity of the
court, interfere with the performance of official duties, or adversely reflect on the operation and
dignity of the court or office the judicial employee serves.

B. SOLICITATION OF FUNDS-
(1) A judicial employee should not use or permit the use of the prestige of the office in the
solicitation of funds.
(2) A member of a judge's personal staff should not solicit any court personnel to contribute funds
to any such activity under circumstances where the staff member's close relationship to the judge
could reasonably be construed to give undue weight to the solicitation.
C. FINANCIAL ACTIVITIES-
A judicial employee should not solicit or accept a gift from anyone seeking official action from
or doing business with the court or other entity served by the judicial employee, or from anyone
whose interests may be substantially affected by the performance or non-performance of official
duties.

Need, Clarity of factual proposition and grasp

of legal aspects

10
1. Factual proposition serves as an evidence- A factual proposition (in Latin, factum
probans) is evidence in the third sense only if it can serve as a premise for drawing an
inference (directly or indirectly) to a matter that is material to the case (factum probandum).
Illustration: The fact that the accused’s fingerprints were found in a room where something
was stolen is evidence in the present sense because one can infer from this that he was in
the room, and his presence in the room is evidence of his possible involvement in the theft.

2. Better applicability of law and identification of legal issues - The aim of a case is not
merely to present a legal dissertation to the judge, but to explain what the result should be
when the law is applied to the facts of a particular case. Therefore, it is important to be
aware of exactly what the facts of your case are. Rechecking the facts often will be an
important part of any preparation, but to begin with, you will almost certainly be reading
the facts to identify the applicable law and the likely legal issues.

3. Framing of arguments and presentation of case- Having a firm grip on the basics of the
legal concepts of law is very important to build valid and strong arguments to be presented
in the court. Without the presence of this tool, mere allegations do not build any case in
front of a judge in the court.

4. It is commonly assumed by most practicing lawyers and trial judges that lawsuits are
decided more often on their "facts" than on the "law."- It is now widely recognized
that all general legal rules are bounded on one side by numerous special exceptions, and
on the other side by corollary rules compelling a contrary result.

5. For proper adjudication of cases :In making decisions, judges first determine their
answer based on the whole of the facts, and afterwards find the supporting legal principle.
All legal minds need to function in this manner, i.e. by first taking into account the sum
total of the facts affecting a particular case. Another reason for its importance is that the
determination of whether the court’s opinion is on point is largely governed by the
similarity between the facts of the client’s case and the facts of the court opinion.

11
 Citation of Cases with Illustrations

INTRODUCTION

12
“A judge must interpret statutes as written. And a judge must interpret the Constitution as written,
informed by history and tradition and precedent." – Brett Kavanaugh, Associate Justice of the
Supreme Court of India.
Every developed legal system possesses a judicial organ which adjudicates the rights and
obligations of the citizens of the nation. At an earlier stage, the courts were guided by customs and
their own sense of justice. With the advent of society, the legislation becomes the main source of
law and judges decide cases according to it. Even at this stage, the judges perform some creative
functions. The judges to some extent depend on their sense of right and wrong in matters of
interpretation or in filling up any lacuna in the law made by the legislation. In simple terms, a
judicial precedent is a judgment of a court of law in India which is cited as an authority to decide
a similar set of facts and which can be used by the courts as a source for future decision making.
According to Salmond, "In a loose sense, it includes merely reported case law which may be cited
and followed by courts." In the general judicial sense, it means the guidance or authority of past
decisions for future cases. Only such decisions as lay down some new rule or principle are called
judicial precedents.

Historical aspects of the case citation in India:

The Government of India Act, 1935, explicitly mentioned that the decision of Federal Courts and
Privy Council will be binding on all the other courts decision in British India. Hence, from 18th
century till date precedent is a characteristic feature of our legal system.

Position under Indian Constitution:

Article 141 of the Indian Constitution provides that, "The law declared by the Supreme Court shall
be binding on all courts within the territory of India." In Article 141 the expression "all courts" has
been used which creates question that whether Supreme Court comes under the sphere of all courts.
That is to say whether Supreme Court is bound by its own decisions or not. The most important
instance of the rule that Supreme Court is not bound by its own decisions is furnished by the case
of Kesavananda Bharti Vs State of Kerala. In a number of other cases Supreme Court has
cleared the mind on this point.

13
Judgments which do not have binding effect under Article 141 of the Indian Constitution:
(Judgments which include the following are not considered as a precedent:)

• The judgment that is not expressed.

• The judgment not founded on reasons.
• An Obiter Dicta of a case is not binding as it has a persuasive value.
• Judgments made on Per Incuriam cannot be used as precedent. Literal meaning of per
incuriam is resulting from ignorance.
• Judgments where point of law or particular question of law was not consciously
determined are also not binding.
• Court's observations on the facts of the case are not binding.

Supreme Court on Importance of Case Citation:

In Union of India Vs. Raghubir Singh (AIR 1989 SC 1933) it has been held that, "The doctrine
of binding precedent has the merit of promoting a certainty and consistency in judicial decisions,
and enables an organic development of the law, besides providing assurance to the individual as
to the consequence of transactions forming part daily affairs. And, therefore, the need for a clear
and consistent enunciation of legal principle in the decisions of a court."

The Hon'ble Apex Court in Megh Singh Vs. State of Punjab ( AIR 2003 SC 3184) has held that,
"Circumstantial flexibility, one additional or different fact may make a world of difference
between conclusion in two cases or between two accused in the same case. Each case depends on
its own facts and a close similarity between one case and another is not enough because a single
significant detail may alter the entire aspect."

Merits of Case Citation:

Consistency and predictability:
Because of the presence of judicial precedents, the lawyers become able to assist their clients
regarding specific subject matter after observing the precedents prevalent in such field. It provides

14
guarantee that every case will be treated and decided in a manner that is similar to pass decisions.
There is an element of consistency and predictability that everyone can rely upon it.

Flexibility:
Precedents bring flexibility in the legal system. The Supreme Court of India is not bound by its
own decisions. The rules settled by the Supreme Court in a particular subject matter remain in
force unless they have not been overruled by the Supreme Court. This system creates a series of
checks and balances in the judiciary. Judges may not write the laws, but it is their job to interpret
the law as accurately as possible in every situation. They mold the law according to the changed
conditions and thus bring flexibility to the law.

Save time of the courts:

Judicial precedents provide great convenience as it reduces the labor of judges and lawyers. Once
the question regarding some specific matter is resolved then it is not required to re-argue the same
question in the future similar cases. That means judges can spend less time in deliberation because
they already have access to the decision making processes of others. This advantage can even
reduce the crime rate to some extent as it throws light on the consequences for the wrong
committed against the state.

Prevent mistakes:
Precedents guide judges and consequently, they are prevented from committing errors which they
would have committed in the absence of precedents. There is lesser chance of mistakes when
everyone stays on the same page. By deciding cases on established principles, the confidence of
the people on the judiciary is strengthened.

Demerits of Case Citation:

Complexity:
There are so many case laws thus it creates complexity. Every judge issues his own perspective on
matter to create more precedents. Judgments are exceptionally long, and it becomes burden for the
lawyers and judges working on the similar matter to determine that what is applicable or not. It
becomes tedious task to find out relevant case law on particular matter.

15
Possibility of overlooking of authorities:
The vastly increasing number of cases has an overwhelming effect on the judges and the lawyers,
thus there is possibility of overlooking of authorities. It becomes difficult to trace out the wide
range of authorities on the very point. Sometimes, the conflicting decisions of superior courts put
the judges of lower courts into a dilemma.

Rigid:
The practice of precedents brings rigidity in the system because the lower courts are bound by
decisions of higher courts. The society is not static and there are changes in social, economic, and
other circumstances with time. Changed circumstances may require a different interpretation of
law. In fact, binding precedents can hinder the development of law.

BIBLIOGRAPHY

INTERNET:

16
1. Niharika, Advocate’s Duty Towards Court available
at: http://www.legalserviceindia.com/legal/article-2373-advocate-s-duty-towards-
court.html

2. Canons of Judicial Ethics: Conduct, Character, and Integrity of Judicial Officer By Y. Srinivasa
Rao, Judge available at :http://www.latestlaws.com/wp-content/uploads/2017/06/Canons-of-
Judicial-Ethics-Conduct-Character-and-Integrity-of-Judicial-Officer.pdf

17