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IN THE SUPREME COURT OF INDIA

ADVOCA]"ES-~ON~RECORDEXAMINATION,_~BUNE20'19
PAPER I - PRACTICEJU~DPROCEDURE

11me:- 3 Hours
Total Marks:~ 100

Instructions For The Candidates

A. It is advised that the candidates read ail questions before

answering.
B. Questions 1 to 3 in Part I carry total 20 marks each. Candidates
are required to answer any Two Questions in full [ Le. both (a) and
(b) of the same question ] from Part I.
C. Questions 4 to 9 in Part II carry 1O marks each. Candidates are
required to answer any Four Questions from Pa1i IL
D. Question 1o in Part 111carries 20 marks and is compulsory
[ Candidates are required to answer any 10 out of 20 subg
questions included in Question 1O ].

_ PART I
(Answer anv, Two Questions from Part n
1. (a) Does the Supreme Court of India possess 'Original
Jurisdiction' for deciding disputes? What are the pre-conditions
required to be fulfilled for invoking the Original Jurisdiction of the
Supreme Court [ i.e. who can invoke it, against whom, and in what
kind of disputes etc. ] ?

(b) Articles 132, 133, i 34 and 134A of the Constitution of India

and Part II of the Supreme Court Rules, 2013 deal with the
'Appellate Jurisdiction' of the Supreme Court Briefly explain the
different types of cases where the Appellate Jurisdiction vests with
the Supreme Court and the appeals can be filed before it Also
explain the requirements to be fulfilled under the above~mentioned
provisions for invoking the Appellate Jurisdiction of the Supreme
Court
[ 10 marks for (a)+ 10 marks for (b) ~ 20 marks]
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~:" (a) What is the natureof a Petitionfiled underArticlei 36 of the

Constitutionof India, Le. does it fall in the OriginalJurisdictionor
Appellate .Jurisdictionor any other jurisdictionof the Supreme
Court ? Under what circumstancescan the remedy of filing a
SpecialLeave PetitionunderArticle136 of the Constitution of India
before the Supreme Court be invoked by a person ? Whether an
order granting"Leave"in the SLP can be subsequently revokedby
the Supreme Court on any ground '?

(b) \Nhat are the basic requisites for filinga Writ Petition under
Article 32 of the Constitution of India ? Briefly explain different writs
which the Supreme Court can issue in a petition under Article 32.
[ 10 marks for (a}+ 10 marks for (b) = 20 marks]

3. (a) What is a Curative Petition ? On what grounds can a

Curative Petition be filed ? VVhat is the procedure required to be
followed for filing o·f a Curative Petition ?

(b) On what grounds can a recusal application praying for

recusal by a Judge be filed by a party to a litigation in the Supreme
Court?
[ 1O marks for (a)+ 1Omarks for (b) = 20 marks]

PARTII
(Answer any 4 Questions from Part U)

4, 'X' filed an SLP challenging the judgment of the High Court. \!Vhen
the SLP was taken up for hearing, 'X' sought liberty to withdraw
the SLP and file a Review Petition before the High Court The said
liberty was granted and the SLP was dismissed as withdrawn.
However, when 'X' filed the Review Petition, it was dismissed by
the High Court

a. Is it open to 'X' to file an SLP once again?

b. If yes, which order should be challenged by 'X' before the
Supreme Court?
[ 10 marks]

5. Order V of the Supreme Court Rules, 2013 provides for "Business

in Chambers'' and vests certain powers in a Single Judge sitting in
Chambers [ ''Chamber Judge" ] and also in the Registrar. Describe
the types of proceedings which can be heard by a Single Judge
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sitting in CharnberS'and proceedingswhich can be heard by the

Registrar,Does the Chamber~Judge have any appellatepowers?
[ 10 marks]

Ei Is it open to the High Court to entertaina Review Petitionseeking

review of its order when the SLP fiieci against the said order has
been dismissedby Supreme Court ? Does it make a difference if
the Review Petition was filed before the dismissal of the SLP ?
[ 10 marks]

7. (a) What is the difference between intervention and

impleadment ? Can an intervention application be decided by a
Chamber Judge ? What are the rights of a person whose
intervention application has been allowed?

(b) Explain the mandatory requirements required to be fulfilled

before filing an Affidavit on behalf of any party in the Supreme
Court?
[ 5 marks for (a)+ 5 marks for (b) = 10 marks]

8. What is the procedure,as per Supreme Court Rules, 2013, for filing
of a Transfer Application under Article 139A of the Constitution?
What are the documents which are required to be filed alongwith
any such Transfer Application? •
[ 10 marks]

9. Briefly explain the procedure for filing an SLP / Appeal on behalf of

an indigent person, as per the Supreme Court Rules, 2013.
Describe the concessions available to indigent persons under the
said Rules.
[ 10 marks]
PARTIH

10. This is a compulsory question. Answer any 10 questions from the

following [ 2 marks each]:-

a, What steps are required to be taken by the AOR

representing the Petitioner after issuance of notice in a
Special Leave Petition ?

b. Briefly describe the various types of information in relation to

any pending case which can be accessed from the website
of the Supreme Court.
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c. As per the SupremeCourt Rules,2013, how manycopies of

the Petitionare requiredto be filed in the case of (i) an
Appeal, (ii) an SLPiand (iii) a Writ Petition before th€)
SupremeCourt?

d. What is a Caveat and how is it lodged ? What is the benefit

of lodginga Caveat ?

e. While drafting an SLP, you come across a document which

was not part of the records of the Court below but is relevant
for the adjudication of the case. What steps would you take ?

f, Is it necessary for a person whose conviction has been

upheld by the High Court to surrender before filing an SLP ?
Can it be waived / exempted and if so, by whom '?

g. What is the procedure to seek an adjournment in a matter

which is listed in the Cause List of the Supreme Court?

h. Briefly explain the procedure laid down under the Supreme

Court Rules, 2013 for search or inspection of the pleadings
and documents on record in any case pending before the
Supreme Court

L Who can ,apply for obtaining the certified copy of any

pleading(s) in any proceedings before the Supreme Court ?
Whether any person who is not a party to any case can also
apply for obtaining certified copy of any pleading(s) etc.?

j. Is there any special requirement under the Supreme Court

Rules, 2013 in relation to the books of account to be
maintained by an Advocate~on-Record?

k. What is the difference between an Application for Review,

Application for Recall and Application for Modification of an
Order?

L If your client seeks to change his / her Advocate~on~Record,

what are your duties .and what are the duties of the new
Advocate~on~Recordengaged by your client ?

m. In a petition alleging commission of criminal contempt

against your client, notice is issued by the Supreme Court
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What wouldbe your adviceto your clientfor furtherstepsto

be taken in the contemptpetition? Wouldit be mandatoryfor
your client to appear before the Court vvhe11the contempt
petitionis listed?

n, What is the prescribedperiodof limitationfor filingan SLP ?

Is tt1areany limitation period for filing a Writ Petitionbefore
the Supreme Court under Article 32 of t11eConstitution of
India?

o. \1\/hat is a ''Statement of Case'' ? Is it mandatory to file a

!!Statement of Case" ? Can it be wa.ived and if the answeris
in the affirmative, then who would be empowered to exempt
filing of the "Statement of Case'1 ?

p. Does the Supreme Court play any role in conduct of an

inquiry against a member of a Public Service Commission ?

q. How many electors are required for challenging the election

of (i) the President of India (ii) the Vice-President of India in
the petition to be filed before the Supreme Court u/s 14 and
14A of the Presidential and Vice~Presidentiai Elections Act,
1952?

L Does the Constitution of India oblige the Supreme Court to

render opinion on any reference being made to it ? If so, who
can seek that opinion ? Would it be open to the Supreme
Court to decline to render its opinion ?

s. Is Supreme Court a Court of Record ? Are the powers of the

Supreme Court to punish for contempt of itself restricted by
the provisions of the Contempt of Courts Act, i 971 ?

t What types of orders can a Vacation ,Judge sitting singly

pass in a Petition under Article 32 of the Constitution
involving a substantial question of law as to the interpretation
of the Constitution ? Can the Vacation Judge sittingsingly
pass a final judgment in any such Article 32 Petition ?

[ 2 nuuks X 1O ~ total 20 marks ]

 SUPREME COURT OF INDIA
ADVOCATES-ON-RECORD EXAMINATiOf•J ~ JUNE 2019
PAPER~U- DRAFT!MG
Time •=• 3 Hours
Total Marks 100 m

Instr-udions:

L Question I is mandatory
2. ~~estio:ns from Questions II to VI.
3. Allfluestkms carrY£9..~arks.
4. 30 minutes extra time wmbe provided for reading the question
paper:

Question=!

The river Chandrapura originates in the State of lVIalgudi and

flows west towards the Arabian Sea after crossing over the State of

Jamawat. In 1970 an agreement was entered into between the two

States whereby and whereunder the State of Malgudi was allowed to

set up a dam on the river in its own territory and inside its boundary on

the condition that every year a total quantity of 7.25 TMC (thousand

meter cube) of water would be released from the said dam to the State

of Jamawat. lt is the contention of Jamawat that supplies are

guaranteed even in bad years or drought and even if there is less

rainfall in the catchment area of the river, the State of Malgudi has to

ensure the stipulated flow of water to the State of Jamawat

Pursuant and in terms of the said agreement and acting upon its

terms and conditions, the State of Malgudi has set up a dam within its

boundary on the said river; From year to year the State of Malgudi has

been supplying the stipulated quantity of water to the State of

Jamawat.
 2

It is the contention of the State of Jamawat that during the year

2018-19 the State cif l\!Ialgudi has acted contrary to the tenns of the

agreement and has failed and neglected ti) supply the stipulated~

quantity of water to the State of Jamawat The said State of Jamavvat

has suffered huge losses both in its agricultural output which is

depending on the irrigation from the waters of the said river as well as

in power which is generated at the bottom of the flow of the water in

the State of J amawat by turbines which have been instituted there with

huge public investment The State of Jamawat has approached you to

file an original suit before the Supreme Court of India both for specific

performance of the contract in future and for damages caused by the

failure on the part of the State of Malgudi to supply the stipulated

quantity of water. It has been ascertained that in the affected areas

agricultural output has gone down by 40% by reason of such non

supply which the Stak\ of Jamawat have estimated to be having a value

of approximately Rs. l 00 crores. The inability to produce electricity

has caused its further loss in the year in question amounting to a sum of

approximately Rs.SO crores.

Draft an original suit under Article 131 of the Constitution of

India based on the above instructions given by the State of J amawat.

Article 131 of the Co;lstitution is set out below:

 3

' ' 1.'

1:., 0 ngma
• • l 1uns,.,actzon
• • ,,.J· , Oj,. the uupreme
c< Court

Sub;ect to the p,..ovis..·ons of this Constitution, the Sup,·eme Court shall

to the exclusion of any other court, have original jurisdiction in anJ~
dispute
{g_lbetvveen the Government oflndia and one or more States,· or
(b) betvveen the Government of India and any State or States on one
side and one or more other States on the other,· or
{fl between two or more States, if and in so far as the dispute involves
any question (whether of law or fact) on which the existence or extent
of a legal right depends: Provided that the said jurisdiction shall not
extend to a dispute arising out of any treaty, agreement, covenant,
engagements, and or other similar instrument which, having been
entered into or executed before the commencement of this Constitution,
continues in operation after such commencement; or which provides
that the said jurisdiction shall not extend to such a dispute

Question II

A&B, both being Indian citizens and holding Indian passports, got

1narried in New Delhi in the year 2010 and thereafter shifted to the United

States of America on temporary work visas. In due course A&B had two

children, The elder one GC' being born in 2012 and the younger one 'D'

• being born in 2014. In or about 2016 the marriage between A&B broke up ..

due to irreconcilable issues and the parties separated. The children continued

to stay with their mother B.

Shortly thereafter A took the elder child C to stay with him for the

week-end on the condition that he would return the child to B on Sunday the

night. However, A did not return the child and on the other hand left USA for

. India with the child without any prior information to B or her consent or
 4

penmss10n. B thereupon approach~dthe appropriatecourt jn USA and the

courtorderedthat B be g1antedsole legal and physical custody of the child C

and declared that no visitation rights be given to A in view of his conduct.

A on aniving in Delhi filed proceedings before the family court under~·

the Guardian and v'/ards Act 1890 for custody of C, B on the other hand

invoked the writ jurisdiction of the High Court of Delhi seeking a writ of

habeas corpus against A for custody of the child alleging that he was in illegal

and unlawful charge of the child.

During the time that it took for the matter to be heard and disposed of,

the child C was admitted to a reputed school in Delhi and grew up in a~

congenial environment amongst relatives and grandparents and was exposed

to a natural process of growing in the association of his elders, friends, peers

and play mates, A and B remained in touch in relation to the children. The

children also remained in touch with each other.

The High Court delivered judgment on the application under Article

226 of the Constitution placing reliance upon the principle of comity of courts

and the doctrine of most intimate contact It returned a finding with the most

intimate c~ntact with the parties and their children was the court in USA and

directed A to produce the child in court on the date fixed for consequential

handing over of his custody to the Respondent. The court rejected the

contention that it should only look at the welfare of the child and that the

• · • ·n Ih'
we l .ciare o .c
1 tne
L
ch·1
1 d- reqmren
, •·.-11m
1 ,
to remam m. e L
 5

In these circumstances, draft a Special Leave Petition to be filed before

the Hon'ble Supreme Court setting out: (a) brief synopsis of the core issue

involved in the matter (without list of dates and events); and (b) the relevant

questions of law and grounds in support of the reliefs sought In this context,

the candidate may also take into consideration the fact that India is not a

signatory to the Hague Convention on Civil Aspects of International Child

Abduction of 1980.

Question III

State A has legislated a State Police Act which contain inter alia the

following Sections:

Section 2(14)

''place of public amusement" means any place, where music, singing,

dancing, or any diversion, or game, or the means of carrying on the same is
provided and to which the public are admitted and includes a race course,
circus, theatre, music hall billiard room, bagatelle room, gymnasium, fencing
school, swimming pool or d::mcinghall; "
Section 2(15)

''place of public entertainment" means any place to which the public

are admitted and where any kind of food or drink is supplied for consumption
on the premises by any person owning or having an interest in or managing
such place and includes a refreshment room, eating house, coffee house,
liquor house, boarding house) lodging house, hotel, tavern, or a shop where
wine, beer) spirit, arrack, toddy, ganja, or other kind of liquor or intoxicant
or any ldnd of food or drink is supplied to the public for consumption in or
near such shop,-"
 Section 40:

Power to make orders for regulation of traffi"cand for preservation of

order in public places, etc. - (1) The Cor11mii.c,·ioner and the District
Magistrate, in areas under their respective charges or any part thereof, may
make, alter or rescind orders not inconsistent with this Act, for --
licensing or controlling places ofpublic amusement or entertainment;
(iz) prohibiting the keeping of places of public amusement or entertainment~
or assembly, in order to prevent obstruction, inconvenience, annoyance, risk,
danger or damage to the residents or passengers in the vicinity;
(iii) regulating the means of entrance and exit at places of public
amusement or entertainment or assemb!y and providing for the maintenance
of public safety and the prevention of disturbance threat,·
**** ****
(x)(z) licensing or controlling with such exceptions as may be specified, the
musical, dancing, mimetic, or theatrical or other performances for public
amusement, including meah and tamashas;
(ii) regulating in the interest of public order, decency or morality or in the
interest of general public, the employment of artists, and the conduct of the~
artists and the audfence at such performances;
(iii) prior scrutiny of such performance by a Board appointed by the
Government or by an Advisory Committee appointed by the Commissioner or
the District Magistrate in this behalf;
(iv) regulating the hours during which and the places at which such
performance may be given;"

In exercise of powers under Section 40, the Police Commissioner of the

town of Rangaluru issued an order called The Regulation of Public~

Amusement Order 2009 calling upon the Restaurant Owners who were

displaying live band music in their restaurants to obtain licenses for running

their restaurant and playing, live music band. Writ Petitions were filed by the

Restaurant Owners· contending that restaurants could not be treated as place

ot' puu,1c
i.1· amusement as uermeo
.c:
;J' uncler ,::.ecnon .~,111\
Ci
l\: tiJ orr 1.ne /\.ct .
•• 1• •
 7

contention was ultimately upheld by the Hon'ble Supreme Court and,

therefore, notices given to the Re2taurant ow11J:":rs under the said regulation

order was struck down.

In 2019, the Police Commissioner of City A in the State issued an order

called the Regulation of Public Entertainment Order 2019 under the same

Section 40 referred to above, The said order contains inter alia following""

clauses :-

"2. Definitions:

b) 'Cabaret' means a form of dance performed in a place of public

entertainment by dancers or artists or any other person as a part of musical
entertainment;

d) 'Discotheque' means a facility provided at a place of public entertainment

. to customers or patrons for singing or dancing of whatever form or both;

;) 'Live band' means music, live or recorded, provided at a place of public

entertainment, whether or not accompanied by any form of dancing including
cabaret.

Clause 3

3. Obligation to obtain a Licence:- Noperson shall open or maintain a place

of public entertainment like live band, cabaret, discotheque without obtaining
a licence under the provisions of this Orderfrom the Licensing Authority:

Providing that no such licence shall be necessary for places of public

entertainment like refreshment room, eating house, coffee house, boarding
house, lodging house, hotel, tavern or shop where wine, beer, spirit, arrack or
any other kind of liquor, intoxicant or any kind of food or drink is supplied to
the public for consumption on the basis of a valid licence obtained under the
relevant provisions applicable for establishing and maintaining such places
of public entertainment and also supplying the abovementioned things or
services and where live band, cabaret or discotheque or any other activity of
a similar nature is not performed:
Provided further that no such licence shall also be necessary to conduct
Ya.kshagana,bayalata (field drama), Bharathan{:nyam,Folk Art, music
recital1 vocal or instrumentallike Veena,Mrudanaetc.

Clause4

4. Application for Licence: (]) Every person applying for a licence to ·

• maintain a place of public entertainment shall make an application in form
No.I along with the documents specified therein and his three .recent
photographs.

(2) An application can be obtainedfrom the Licensing Authority on payment,,

of the specified fee under clause 18 of this Order. (3) While submitting the
applicationJ the applicant shall appear in person before the Designated·
Authority and satisfy him that all the required information and documents
have beenfurnished along with the application.

Clause5

5. Inspection of the premises- The Licensing Authority or any officer not

below the rank of Inspector of Police, as may be authorized by the Licensing
Authority may for the pur//0se of granting licence, if necessary) hold an
inspection of the site or premises. The Licensing Authority or the Officer so
. authorized may, if need be seek assistance of any other authority or
1

authorities during such inspection. -.

Clause 7

•Grant or refusal of Licence: (1) The Licensing Authority shall while deqiding
to grant or refuse a licence under this Order· have regard to the following
aspects, namely:

.(a) the interest of public in general;

. (b) the status and antece.de~,~:~

of the applicant;

(c) availability of parking place commensurate with the seating capacity;

(d) thepossible adverse impact on law and order/

(e) vicinity of the place to educational or religious institutions, For this

purpose vicinity shall mean within a distance of200(two hundred) metres;

(f)
,
that the entertainment does not in any way incite religiousfeelings/
'
 9

(g) that the materials used for the structure do not pose any kind of fire
hazard,·

(h) that the proposed enterto.imnent does not promote public gambling or the
premises shall not be used a gaming house or does not encourage prostitution
or allow the use of narcotic substances or permit any other illegal activiry,-

(i) that the licensee shall not organize or allow pe1jormance of shows which
are immoral, obscene or indecent and ensure that there is no obscenity or
indecency in dress, movement or gesture or that the performers indecently
expose their person,·

(j) the licensee shall not permit any obscene or objectionable posters or
• pictures to be exhibited;

(k) that the proposed premises do not cause obstruction, inconvenience,

annoyance, risk, danger or damage to the residents or to passerby of such
premises;

(l) that all adequate precautions have been taken in the premises in respect of
which the licence is to be granted to provide for the safety, convenience and
comfort of the persons attending the programmes therein. (2) The Licensing
Authority on being satisfied and subject to the provisions of this Order, may
grant a licence to the ap1.1licantin Form-II on such terms and conditions, and
for such period subject to such restrictions qs the Licensing Authority may
determine. No licence shall be granted for a period exceeding one year. A
licence can be renewed for a period not exceeding one year at a time:.

Provided that where the Licensing Authority refused to grant licence, it shall
do so for reasons to be recorded in writing and that order shall be
communicated to the applicant:

Provided further that the licensee may conduct any show or public
entertainment only between 10.00 hrs.and 23.30 hrs. However, the licensing
authority at his discretion may permit conducting of shows or public
entertainment beyond 23.30 hrs. on special occasions not exceeding three
such occasions in a year for each licence.

Provided further that additir,mal conditions may be imposed by the Licensing

Authority during the period of Licence for reasons to be recorded in vvriting
. and communicate the same to the licensee.

Clause 8

Seating arrangements:-
 1b

(1) The licensee shall not accommodate more than twenty persons per nine
square meters in the place of public entertainment:

Provided that the entrance, passage, corridor, gangway and stage shall be
deductedfor the purpose of calculating the seating accommodation.

(2) There shall be an open space of not less than five feet wide on any two
sides of the premises where live band or discotheque is performed.

(3) There shall be at least one emergency exit in addition to the normal
doorwayfitted with doors which open outwards.

(4) There shall be openzngs sufficiently wide enough to ensure good

ventilation or there shall be provision for sufficient good air condition.

(5) One W.C. and one urinal separate for men and women each for every fifty"'
persons or less shall be provided.

(6) Any live band performance within the licensed premises for conducting
live band shall be conducted on a stage which shall be properly demarcated
from the seating area. There shall be no inter-mingling of performers with
customers/guests on or off the stage. There shall be a distance of at least five
feet between the stage and first row of seating area.

Clause 9

Notice Board:- (1) Every licensee shall affix or cause to be affixed at some
· conspicuous place at the place of Public Entertainment a board of suitable
size on which shall be written in Kannada and English, the name and address.,.
of the licensee and fhe period of licence. •

(2) I-fe shall also specify the seating capacity/maximum capacity of the
premises conducting live band, Cabaret, Discotheque, as the case may be.

(3) He shall also exhibit at a prominent place in.the premises a photo copy of
the licence.

Clause 10

Renewal of Licence:- (J) Every application for renewal of the licence granted
· under this Order shall be made at least thirty days before the day on which
such licence is to expire. The application shall be accompanied by the licence..
to be renewed and the amount of fee as specified in clause
 11

(2) FVhere an application zs made in accordance with sub-clause (1): the

.c%· earlier licence shall be deemed to be in force till the renewal or refusal of
such licence is communicated to the avolicant.
.J. ,.,t

(3) Application for renewal of a licence, not made in accordance with the
provisions of this clause, shall be liable to be rejected by the licensing
authority

Clause 11

Licence shall terminate with the transfer of business:- A licence granted

under this Order for ma.intaining a place ofpublic entertainment shall not be
transferable or assignable iO any other person. Where such person transfers
or assigns his business to any other person or enters into an agreement with
another person, involving his giving up of the conduct or control over the
business, the licence granted to him shall stand terminated on and from the*
date of such transaction:

Provided that in .•the case of death of the licensee, his heir or legal
representatives may make an application within one month from the date of
death to the Licensing Authority seeking continuance of the licence for the un-
expired term of the licence. No fee shall be charged for such continitance of
licence.

Clause 12

Prohibition of change of name:- A licensee shall not make any change in the
name of the establishment or use his premises or allow any other person to
use the premises for the purpose of any other type of entertainment which he~
is not authorized under the licence.

Clause 13

Power to stop music: .•Vf/ithoutprejudice to the conditions specified in the

licence, the Licensing Auth.1rity may, by a general or special order rnade in
this behalf, direct that no music shall be played or allowed to be played
. during such time as he may direct.

Clause 14
 12

Suspension of licence: f,f any person maintaining a place of public

entertainment permits prosiitution or permits persons to 1neet or remain in
such place far the purpose of planning or carrying out an illegal activity or
violates any of the conditions of this order, the licensing authority shall have
the discretion to suspend the licence for such period as he may think fit and·
direct such person to close the place for such period as .he may specijy. The
person to whom such direction is issued by the licensing authority shall
comply with such direction liowever, the period of suspension shall not
exceed 30 days at a time.

Clause 15

Procedure for cancellation of Licence: No licence granted under this Order

shall be cancelled until the holder of the licence has been given a reasonable
opportunity of showing cause why his licence should not be cancelled.

Clause 16

Inspection of Licensed Premises: Every person maintaining a place of public

entertainment shall, at all times allow free access to such place to the
Licensing Authority or any police officer not below the rank of a Police
Inspector having jurisdiction over the area or authorized by the Licensing
Authority to hold inspection as deemed necessary to ensure and satisfy that
the Licensee has complied with the provisions of this Order.

Clause 17

Notice to the Licensing Authority: Every person shall, as soon as he

voluntarily closes the place of public entertainment in respect of which a,.
licence has been granted under this Order, shall intimate such closure to the
Licensing Authority.

Clause 18

Fee: - Licensing Fee for eve1y license per annum, shall be as below:

(i) Fresh License - Rs.20, 000/-

(il) Renewal Rs.5.ODO/-,"

The Itestaurant Owners who have formed an association under the.,

Societies Registration Act wish to challenge the said order of 2019. The
 13

Association has approachtd you v.rith t1K~instruction to file a writ petiHon

under Article 32 of the Cor~rtitutionof India. The Assm:::iationalso wishes to

contend that it is not necessary for the A.ssociation to take license for

disnla-.1•,1ing
r - ~ a-1..1d.·'-th~1'
the live band music in their restaurants u.~ e1 ·1~h
>
1 b"·nds
ul
ut.,,I.,; Cc.,an

perform. even without a license under the 2005 Order.

Draft a writ petition under Article 32 of the Constitution of India, along with

a short synopsis, challengil}\~the said order of 2019 as being unconstitutional.

List of dates and events is not required.

Question IV

On 1st of December 1992 three brothers X 1 Y and Z on hearing some

sounds coming from what they considered to be their agricultural lands

proceeded to the land. On the way another four relatives and friends also

joined them.

On reaching the agricultural plot, they found A, B, C, D & E all

standing in and about the said plot of land fully armed and cutting paddy

which was growing on the said land. They tried to intervene and stop such

removal of paddy. At that stage, they were attacked by A,B,C,D, and E

whereupon they retreated somewhat but ultimately were surrounded and

severely beaten up with sticks and agricultural implements.

In the course of the event 1.x, was seriously injured and succumbed to

his injury on the site itself The other injured persons were removed and sent.,.
 14

to the local hospital by the pohce who had rushed to the site after receiving a

frantic message that some incident was taking place in the viliage. Sorne

members of the group lodg0d an FIR in the police station. All persons who

had attacked the complainants were charge sheeted for commission of

various crimes.

One of the person charge sheeted has also sustained serious injury on

his person.

The defense taken in the course of the trial by the accused was that they

were the owners of the laul in question and were going about their job of

cutting the paddy when they were attacked by X, Y, Z and others due to

which they sustained injuries. Faced with the same they exercised their right

to private defense.

The Trial Judge acquitted the accused for the comm1ss10n of all

offences except Section 148 of the Indian Penal Code for which he sentenced

all of them to rigorous imprisonment for three years.

On appeal the High Court allowed the State's appeal. A, B, C & D

were convicted under Section 302 read with Section 34 and were sentenced to

rigorous imprisonment for life. E, F, G and H were convicted under Section

326 read with Section 34 of Indian Penal Code and were sentenced to

undergo rigorous imprisonment for five years. The said accused A, B, C & D

have approached you to prefer an appeal against the judgment of the High

Court.
 15

Certain other facts may be noted:-

(a) There was an existing dispute with regardto the plot of land in question

between the accused on the one hand and the complainant group on the

other . It appears that the complainant party was in possession of part

of the said land and in respect of the balance, th_eaccused persons were

claiming title, Proceeding under Section 135 of the Criminal Procedure

Code was pending before the Executive Magistrate at the relevant point

of time, There was no proper demarcation between the land occupied

by the complainant and the land purchased by the accused. Enmity

between the two grc,ups about the possession of the said land was,

therefore, not in dispute.

(b) There were concurrent findings of fact arrived at by both the courts

below that the accused were liable under Section 148 of IPC for

forming unlawful assembly.

(c) The witness accounts were almost photographic in nature and matched

each other perfectly even though admittedly they were running away

from the place of occurrence in a state of panic.

(d) The injuries on the accused persons had not been explained by the.

prosecution.

(e) They were discrepancies in the story of the complainants. Whereas it

was stated by the prosecution witness that they had approached the

place of occunence from the eastern side, the deceased was found on

the northern side of the place of occurrence,

 16

(f) As far as C was concerned, he was not involved in the land·dispute

between 1h •
: e pmi 1es. There 1s
' no menc10n
,• •
m l
t1:ie I'"
, irst Inwrrnat10n
{' '

P~eport that C had exhorted others to attack and finish of the

complainant group, even though in the course of the evidence such an

allegation was made by the witnesses.

(g) As far as D is concerned the prosecution merely established that he

inflicted a blow on the deceased leg which was not the cause of his

death.

Prepare a criminal appeal petition, along with a synopsis, against the

judgment of the High Court containing the grounds on which you

challenge the High Court judgment. List of dates and events is not

required.

Question V

.,
Global Hospitality Ltd (GI--IL)runsa five star hotel in Indoor in which
: I
apart from rooms and restaurants there are various facilities including

banqueting facility. The hotel obtains its electricity connection from the
I
.I
' j
local electricity distribution company Southco which is run by the State.

Because of frequent power shortages, which was affecting its business,·

the hotel decided to purchase generator sets from Genco, a generator

manufacturing company of international repute located in the United

States of America. The terms and conditions on which the hotel was
 17

obtainjng electricity from Southco stated that no generator sets could be

instalJ.edwithout the permission of Southco.

Vvhen the contract was signed between Gl-Il-1and Genco it was

stipulated that the contract was subject to permission being obtained from

Southco. Even though no permission was forthcoming from Southco~ a

senior officer of Gf.lL Yvrote a letter to Genco to the effect that the said.

condition stood deleted. However, no steps were taken by GHL to open a

letter of credit in favour of Genco without which Genco was under no

obligation to start manufacturing the generator under the contract.

Despite the same, Genco alleged that it had manufactured the generator

and called on GHL to take delivery thereof. GHL pointed out that it had

not open the letter of credit and, therefore, Genco should not have

manufactured the genset. GHL refused to accept delivery of the genset.

The contract between Genco and GHL contained an arbitration .clause

to the effect that disputes arising out of or in relation to the contract would

be referred to arbitration before a Tribunal of three persons, one each to be

appointed by the parties and the Chairman to be appointed by the two

nominated arbitrators. GHL took the defence that it could not lawfully

purchase a generator without the permission of Southco and hence the·

contract had been frustrated and rendered impossible of perfom1ance, It

also disputed that Genco had in fact manufactured the generator sets at all.

The arbitration proceedings were held and by a majority of 2:1 GHL was

directed to pay the price of the generator sets to AGCO

 18

The said award has been upheld by the trial court as well as fhe High

Court on appeal.

Draft a special leave petition, along with a synopsis challenging the

3

order of the High Court upholding the award in favour of Genco-. It may

be assumed that Arbitrmion and Conciliation Act 1996 as amended up-to-

date is applicable to the arbitration in question. List of dates and events is

not required.

Statutory Provisions

Section 34 of the Arbitration and Conciliation Act which set out the ground

on which the award may be challenged is set out below:-

Section 34 of THE ,'\RBITRA TION AND CONCILIATION ACT,

1996
34 Application for setting aside arbitral award. -
ill Recourse to a Court against an arbitral award may be made only by an·
application for setting aside such award in accordance with sub-section (2)
and sub-section (3).
fJl An arbitral award may be set aside by the Couri only if· -
(m_the party making the application furnishes proof that-
f.il a party was under some incapacity, or
(ii) the arbitration agreement is not valid under. the law to which the parties
have subjected it or:,failing any indication thereon, under the law for the time
being inforce; or
(iii) the party making .the application was not given proper notice of the
appointment of an arbitratcr or of the arbitral proceedings or was otherwise
unable to present his case; or
(iv) the arbitral award deals with a dispute not contemplated by or notfalling
• within the terms of the submission to arbitration, or it contains decisions on.
matters beyond the scope of the submission to arbitration:
Provided that, if the decisions on matters submitted to arbitration can be
separated from those not so submitted! only that part of the arbitral award
which contains decisions on ,natters not submitted to arbitration may be set
aside/ or
(El the composition of the arbitral tribunal or the arbitral procedure ·was not
in accordance with the agreernent of the parties, unless such agreement ·was
 19

,,
ll? conytzct
(1•,
vvz'th a provzszon
.. OJf'h•
t zs 1D art Jrom
L'
wh'h'
zc , tne parties cannot.
derogate, or, failing such agreement, wo:snot in accordance w-dh thi.5'Part,"or
{bl the Courtfinds that-
{Jl the subject-matter of the difpute is not capable of settlement by arbitration
under the law for the time being inforce, or
Oilthe arbitral award is in conjlict with the public policy of India.
Explanation. ---Without prejudice to the generality of sub-clause (ii) it is
hereby declared, for the avoidance of any doubt, that an award is in conflict
with the public policy of India if the making qf the mvard was induced or
affected by fraud or corruption or was in violation of section 75 or section 81.
{3lAn application for setting aside may not be made afi:erthree months have
elapsed from the date on vvhich the party making that application had
received the arbitral award or, if a request had been made under section 33,
from the date on which that request· had been disposed of by the arbitral
tribunal: Provided that if the Court is satisfied that the applicant was
prevented by sufficient cause from making the application within the said
period of three months it may entertain the application within a further period
of thirty days, but not thereafter.
(4) On receipt of an application under sub-section (]), the Court may, where
it is appropriate and it is so requested by a party, adjourn the proceedings for
a period of time determined ~y it in order to give the arbitral tribunal an
opportunity to resume the arbitral proceedings or to take such other action as
in the opinion of arbitral tribunal i,vill eliminate the grounds for setting aside
the arbitral award.
Question VI

On or about l 5th of January 2019 one Manoj belonging to a political

party by the name and style of Peoples Party of India visited his native village

in Haryana to meet with his party workers in the light of the elections which

were about to be held in the coming months, He visited the village to attend a

meeting with his party workers. After concluding the meeting in the party

office, when the said TVl:anoj

along with several party workers came out into

the public street in front of the party office, they were attacked by several

• persons belonging to the opposite political party named the National Party of

India, During the attack one of the members of the group belonging to the
 20

National Party fired his pistol and shot tvfanoj. rvfanojwas hit with a bullet on

nis head and died on the spot. His party workers vvere also assaulted.

In the FIR which was filed againstthe assailantswho were responsible

for the death of J\1anoj, it was inter alia mentionedthat a leader of National

Party, one Babu Ram had been visiting the village from time to time in the

run up to the election and had been giving public speeches exhorting the

public to defeat the Peoples Party candidates. In the course of his speeches

• he had complained that he had come to learn that the workers of Peoples

Party had been going around threatening the voters of the village with dire

consequences if they did not vote for the Peoples Party. He had stated in the

course of his public speeches that the National Party workers and he himself

v1ould not spare anybody from the opposite party who were intimidating the

voters. The last of such meeting had taken place ten days prior to the

incident

Babu Ram had come to learn that the FIR filed against the assailants

included reference to his political speeches. Apprehending that the local

police might take action against him and anticipating arrest, he approached

the High Court of the State praying for anticipatory bail under the provisions

of Section 43 8 of the Code of Criminal Procedure 1973. In his application he

contended that he was in no way responsible for the action taken by the local

party workers.

Babu Ram was a well knownjournalist and TV commentatorbeforehe

• • d 1'he 1\.-
lmii Jome 1 nrarty anu -h
dat10na_
•
_ ad.• .,become one ot~ the ~tate
.1 -, 1.e·ve1
11 -
~eaders 01('
 21

the party. He was highly educated holding a lvlastersDegree in Joumalism

• and Mass Communication. He was about 50 years of age marriedwith three

children. His eldest son was 28 years old and was marriedwith a family of

his own. He was working as a teacher, The youngest son was 18 years old

and completed his education. His second son was 24 years old and had just

taken a job in a commercial house in the State capital. Babu Ram himself

was a resident of the State capital and had his ovvn apartment in which he

resided along with members of his family. He had substantial assets mostly

in the form of fixed deposits and mutual funds.

Babu Ram had never been convicted in any court in respect of any

cognizable offence and his moral character was not considered to be

compromised in any manner. He was in charge of the campaign of his party

in several districts of the State comprising of almost 1/3 of the districts of the

State.

Peoples Party was at that point of time the party in power in the State inT

question and the National Party was in opposition therein. In the course of

his campaigns the Home Minister of the State who was a member of the

Peoples Party was known to have made caustic remarks against Babu Ram

including a statement which had been made a couple of months back that he

would have Babu Ram behind bars before the date of the election,

The High Court rejected the application for anticipatory baiL The High

Court has in its judgment has inter alia taken the view that there were no
 22

exceptional or unusual cin>1mstances involved i.n the case in question which

would require the court to grant anticipatory bail under Section 438 of CRPC,

Thereupon Babu Ram. has approached you to prepare an appropriate

appeal petition against the order of the High Court. You are required to draft

the grounds on which, according to you, the judgment rejecting the

anticipatory bail is. wrong and why anticipatory bail should be granted to

Babu Ram in the facts and circumstances of the case.

 SUPREMECOURTOF iNDIA

ADVOCATE,~ONRECORD
EXAMINATION

QUESTIONPAPERIll

ADVOCACYAND PROFESSIONAL
ETHICS

TOTALMARKS:100

TIME ALLOWED3 HOURS

A. All questions carry equal marks of 20.

B. Answer any four questions out of questions 1 to 10.
C. Question 11 is compulsory.
D. Discussion of decided casesand citation of relevant case will have added
value.

1. The 'sub-judice' principle is a gag on freedom of speech and expression".

11

"Subjects and issues involved in cases which are sub-judice are not to be freely

commented upon." Examine these statements constitutionally and legally. Is

it a professional obligation to defend freedom of speech in sub-judice

matters? Or Is it a breach of professional ethics to make and disseminate

views on sub-judice matters?

2. What is the distinction between morality and professional ethics? It is said

morals are customs established by a group of individuals or community and

ethics defines the character of an individual. Explain how character is relevant

to professional ethics and vice versa.

3, It is often said that the adversarial system of administration of justice is

responsible for conflict of values, as it renders the legal profession a mere

1
 mouth piece or a hired gun of the re5pectivepartiesto the litigationprocess,
Examinethis wlth illustrations.
4, What accordingto you are the unethicalprar:tic:,3s
that am boundto affectthe

high quality and integrity of legal servicesin the SupremeCourt of India? Is

there J needto strengthenthe BarCounciiof IndiaRulesin this regard?

5. As long as determined law breakers,high profile offenders and unrepentant

criminals are extended lavish prnfessiona! services1 support and guidance, the

Criminal Justice system will continue to be lopsided and corroded, Do you

agree with this proposition? Examine the scope o'f professional obligations

and ethics with reference to the Constitution and decided cases.

6. Critically examine the provisions of the Advocates Act relating to professional

and other misconduct. In the light of the principles enunciated in the decided

cases, do you suggest any fundamental changes in the law to advance higher

standards of professional ethics?

7. What are the ethical issues involved in the use of social media, accessing,

storing and use of privileged information by Advocates? Given the nature of

social media and the intricate problems involved in its regulation, do you

consider it appropriate that there should be special rules for lawyers in this

domain.

8. In the "Wealth of Nations" Adam Smith makes the famous observation that.

"it is not from the benevolence of the butcher, brewer or the baker, that we

expect our dinner but from their regard to their own interesf' Adam Smith

explains how each one of them, though with their eyes solely to their own

advantage, produces by means of an invisible hand an addition to the public

good. Can it be said that in contrast to Smith1 s tradesmen, it is part of the

lawyer's job to be directly concerned with the public good and the rules of

conduct should provide for this?

9. It Is said that law Is a compromise between moral ideas and practical

possibilities. Can it be said that the san1eis true of legal ethics, particularly in

2
 the midst of ccrnnpeting
responsibilities
to ciientsfcourts and to the society
gent:rall}
1? Is a lawyer's normal hum(ln desire to providefor herselfand her

familya relevantconsideration?
10.Examinethe fitness and relevance of the demand that no person can be
admitted to the practice of law without passing a test for "characterand
fitness." If you were to be the examiner, what would you suggest for the

conduct of such a test?

11.Write short notes on any two of the following:

(a) The meaning of the words "reason to believe""occurring in Section 35(1)

of the Advocates Act, 1961.

(b) The scope of Rule (10) of Order IV of the Supreme Court Rules 20131

conferring power on the Supreme Court to remove the name of Advocate-

on-record from the Register of Advocates maintained by the Court, vis-a-

vis the disciplinary powers under the Advocates Act, 1961.

(c) uThe jurisdiction of the Supreme Court under Article 129 for initiating

contempt proceedings and the power under Section 35 of the Advocates

Act, 1961 are different."

(d) The judgments of the Supreme Court in:

(i) C. Ravichandra Iyer vs. Justice A.M. Bhattacharjee (1995) 5 sec457;

(ii) Rajiv K. Garg vs. Shanti Bhushan (1995) 1 sec3.

3
 Suineme Court
Advocates-on-Record Examination - June, 2019

Questkm P~per~IV(Leading Cases)

Total Marks: 100 Time AUowed: 3 hours

Attempt any five questions. Ail questions carry Qqmd marks.

1. What is the scope of power with the High Court under Article 226 of the

Constitution in directing investigation by any specialized agency? Would the

High Court be restricted by statutory requirements in exercise of its jurisdiction

under Article 226? What is the effect of the exercise of a power and transfer of

investigation to an agency other than the state police by the High Court under

Article 226 of the Constitution on the federal character of our Constitution?

Discuss with reference to State of West Bengal vs. Committee for Protection of

Democratic Rights, (2010) 3 sec 571.

2. The RTi Act brought about revolutionary change in the individual's right to

information and has its inbuilt safeguards and limitations. There a.re also

restrictions in the Official Secrets Act, 1928 and Conduct Rules governing

government servants on release of information held by government What is the

impact of Central Board of Secondary Education & Anr. vs. Aditya

Bandopadhyay & Ors., (20·11) 8 sec 497 on the nature of information to be

granted under the RTI Act to an individual?

3. The Supreme Court in Rupa Ashok Hum~vs. Ashok Hurra & Anr., (2002) 4 sec
388 explained the contours of the inherent power of the Court to remedy injustice

1
 and referredto entertaina curativepetition. In the 2013 Rules, the Supreme

Couri'has includedOrder XLVII! on CurativePetition. Discussthe contoursof

curativejurisdictionin Rupa Ashok Hum~vs. Ashok Hurra, (2002) 4 sec 388

and its interplaywith AR Antulayvs. R.S. Nayak 8, Anr., (1988) 2 sec 602, if
any.

4. In Dilip K. Basu vs. State of VVestBengal & Ors., (1997) 1 sec 416, the Court

gave directions regarding the rights of an accused. Some of these already find

mention in the Cr. P.C. 1973. What is the interplay and overlap of the directions

in D.K. Basu with existing Cr. P.C. 1973 provisions and the effectiveness of

remedy provided by D.K. Basu's case in the event of breach of such directions in

the decision with illustrative examples, if available?

5. What are the contours of Article 21A of the Constitution and the Right to

~nfGi:maliooAct as discussed in both the majority view and the partial dissent in

Society for Un-aided Private Schools of Rajasthan vs. Union of India & Anr.,

(2012) a sec 1 ?

6. Special Reference 1 of 2012, (2012) 10 sec 1 was considered bythe Supreme

Court though a review petition in the 2G case, i.e. Centra for Public Interest

Litigation vs. Union of India, 2012 (2) SCALE 180 was withdrawn. What is the

impact o'f the Special Reference decision on the allocation of natural resources

and contracts by government and the scope of judicial review of economic policy

and financial matters post the judgment.

2
7, Vodafone InternationalHoldingsBV vs.. Union of India, (2012) 6 sec 0··13dealt
with tax demands on i~ foreign corporation. i::sthe utilizationof corporate

structuresfor tax avoidanGepermissible'?Please clarifythe distinctionbetween

tax avoidanceand tax evasion·as explainedin the decision.

8. In Maneka Gandhi vs. Union of India, ('1978) 1 sec 248, the Court changed the

concept of consideration of fundamental rightsin Chapter mof the Constitution

and took a different view than A.K. Gopalan vs. The State of Madras, Union of

India, AIR 1950 SC 27. Please discuss the salient features of Maneka Gandhi's

case in terms of its interpretation of Part m- Fundamental Rights and the

concept of procedure established by law vis-a.=visdue process of law and the

interplay of fundamental right of the citizens.