IN THE HON'BLE SUPREME COURT OF INDIA

ADVOCATE-ON-P..ECORD EXAMINATION- DECEMBER 2022

PAPER-1
'
(PRACTICE AND PROCEDURE}

TIME: 3 Hours TOTAL MARKS: 100

INSTRUCTIONS:

1. All the questions in PART-I and PART-II are compulsory.

All questions carry 10 marks each.

2. The Candidates are required to choose 10 questions in

PART-III. All 10 questions carry 2 marks each.

(PART-I)

1. Critically examine the role of the Supreme Court as an

Appellate Court for more than two dozen Tribunals created
under various statutes. Is the Supreme Court obligated to act
as a Court of Appeal and/ or can exercise its discretionarv
.,,_.... • V

jurisdiction? Does it undermine t..h.erole of the Supreme Court

as a Constitutional Court tasked with the responsibility of
dealing with questions of law of Constitutional importance?

Page i o/6
 Fundamental Rights Chapter itself i.e. Part III whereas Article
226 finds place in Part VI of the Constitution; also explain as
to when a litigant can approach the Supreme Court under
Article 32 and when a litigant can approach the High Court
under Article 226 of the Constitution?

3. Can the Supreme Court in exercise of its powers under Article

142 of the Constitution of India, through a Writ of Mandamus,
direct the Executive to implement the recommendations of the
Law Commission of India which highlights a crying need to fill
' '

up vacant judicial posts at various levels on the ground that it

would aid the Rule of Law which forms a part of the basic
structure of the Constitution?

4. Briefly explain the contours of Original, Appellate,

Discretionary and Reference jurisdiction of the Supreme Court
of India.

Page 2 o/6
 (PART-II)

1. Can a litigant file a review petition before the High Court after
withdrawing its Special Leave Petition before the Supreme
' permitted to assail the Order
Court and can such a litigant be
passed by the High Court in the· said review as a second bite at
the cher:ry? Explain with case laws.

2. Explain the concept of a Curative petition with special

reference to its permissibility and essential grounds to be
urged in the said petition.

3. What are the parameters for transferring a civil case under

Section 25 of the Code of Civil Procedure, 1908 as against
transfer of a criminal case under Section 406 of Cr.P.C.?

4. Explain the meaning of stare decisis, obiter dicta, sub silentio

and ratio decidendi of a Judgment.

Page3 o/6
 (PART-!!!)

1. What is the difference between intervention and impleadment?

2. When is an appeal maintainable under Section 2 of The

Supreme Court (Enlargement of Criminal Appellate
Jurisdiction) Act, 1970?

3. Are the powers of Supreme Court to punish for contempt of

itself circumscribed by the Contempt of Courts Act, 1971?

4. What are the pre-requisites for filing a criminal contempt

before the Hon 'ble Supreme Court?

5. What is the procedure in a Contempt matter where the

Supreme Court issues notice to an alleged contemnor?

6. What is the remedy for seeking a modification of an Order

passed by the Supreme Court where a person, though
affected, was not a party to the lis?

7. Does e-filing in t..l-ieSupreme Court confer any right regarding

limitation?

8. Enumerate the powers of a Chamber Judge.

Page4 of6
 9. What is the difference between a writ of mandamus and writ of
quo~warranto?

10. What is the defence available to a Respondent to resist the

appointment of an Arbitrator under the Arbitration and
Conciliation Act, 1996?

11. What is the procedure for getting'the SLP of an accused listed

before the Court who is convicted by the High Court?

• 12. In which form shall a Special Leave Petition (Civil) be filed

before the Supreme Court?

13. When are defective matters listed before the Hon 'ble Chamber
Judge?

14. Is the Supreme Court obligated in law to render an opinion

I ~
under Article 143 of the Constitution of India?
I

15. What is the prescribed Court fee in a Criminal SLP?

16. What is the concept of locus standi in a Public Interest

Litigation?

17. What is the meaning of moulding of relief7

Page5 of6
. !

18. Why does an appeal in the Supreme Court have a general final
relief o{ "grant special leave to appeal against· the impugned
judgment" only?

19. Is legal aid a Constitutional right available to every citizen?

20. Is a settlement before the Mediator binding between the

parties?

Page 6 of6
 1

SUPREME COURT OF INDIA.

ADVOCATES ON RECORDS EXAMINATION 2022
TIME: 3 HOURS
TOTAL MARKS 100

PAPER II-DRAFTING
INSTRUCTIONS:1. ANSWER QUESTION NO: 1 AND ANY FOUR OTHER
QUESTIONS.

2. ALL QUESTIONS CARRY EQUAL MARKS

I
I , 3. 30 MINUTES EXTRA TIME IN ADDITION TO THE 3 HOURS
FOR ANSWERING THE QUESTIONS WILL BE PERMITED
FOR READING THE QUSESTION PAPER.

QUESTION NO. I.
{This is a compulsory question and must be answered)
Answer any 5 - Each answer carries 4 marks.
1. Draft an affidavit in support of a notice of Motion seeking condonation of
delay of 300 days in filing an appeal against a judgment of the High Court
dismissing a criminal appeal convicting the appellant U/s 302 of the Indian
Penal Code.
2. Draft a Certificate to be filed by an Advocate-on-Record in support of a
Curative Petition which has been filed to challenge a judgment of the
Court dismissing the review.
3. Draft an application for ad-interim exparte relief in an original suit filed by
a State seeking a restraint order on the defendant State from interfering
with possession of lands on the Interstate borders which are in possession
of the plaintiff and the residents in the said area are registered voters of
the plaintiff State.
4. Draft a statement of costs Incurred by the appellant in an appeal allowed
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of costs.
5. Draft a notice of motion to bring on record the legal heirs and
representatives of the respondent who died pending the hearing of the
appeal much prior to the period of limitation for bringing such heirs on
 2

record, when the appeal has abated as the application for substitution was
not filed within the period of limitation for substitution.
6. Draft an application seeking the discovery and inspection of documents

suit.
7. Draft an application seeking exemption of an accused from surrendering in
a special leave petition filed in the criminal jurisdiction challenging the
judgment convicting the accused for an offence under section 366 and
375 punishing him under section 376 of the Indian Penal Code.

QUESTION N0.2.
Part XIVA containing Article 323A and 323B was inserted in the Constitution of
India by the Constitution (42 nd Amendment) Act, 1976 for establishing Tribunals.
Article 323A provides for the establishment of Administrative Tribunals while
Article 323B provides for establishing other Tribunals. Predicated on these
provisions Tribunals were set up under Acts of Parliament and Acts passed by
State legislatures. These Acts e.g .. Central Administrative Act, 1985, the Telecom
Regulatory Authority of India Act, 1997, the Recovery of Debts Due to Banks and
Financial Institution Act, 1993 were promulgated/amended to establish Tribunals
and set out the terms and conditions of aooointment and of service of the
''
Chairperson/Presiding officers, Members, constituting the Tribunal. These Acts
remain in force.
In 2017, the Finance Act, 2017 as a money bill was passed by the Parliament
which apart from giving effect to the financial proposals of the Central
Government for the years 2017-18. In the said Act provisions have been made
which deal with and amend the conditions and terms of service of
Chairperson/Members appointed before the commence of Part XIV of the Finance
Act, 2017. Sectlon 184 of the Finance Act, reads as foiiows:-
"184. Qualifications, appointment, term and conditions of
service, salary and allowances, etc., of Chairperson, Vice
Chairperson and Members, etc., of the Tribunal, Appellate
Tribunal and other Authorities.

(1) The Central Government may, by notification, make rules

to provide for qualifications, appofntment, term of office,
salaries and allowances, resignation, removal and the other
terms and conditions of service of the Chairperson, Vice-
Chairperson, Chairman, Vice-Chairman, President, Vice-
 3

President, Presiding Officer or Member of the Tribunal,

Appellate Tribunal or, as the case may be, other Authorities as
specified in column (2) of the Eighth Schedule:

Provided that the Chairperson, Vice-Chairperson, Chairman,

Vice-Chairman, President, Vice-President, Presiding Officer or
Member of the Tribunal, Appellate Tribunal or other Authority
shall hold office for such term as specified in the ruies made by
the Central Government but not exceeding five years from the
date on which he enters upon his office and shall be eligible for
reappointment:

Provided further that no Chairperson, Vice-Chairperson,

Chairman, Vice-Chairman, President, Vice-President, Presiding
Officer or Member shall hold office as such after he has
attained such age as specified In the rules made by the Central
Government which shall not exceed, -

(a) in the case of Chairperson, Chairman or President,

the age of seventy years;
(b) in the case of Vice-Chairperson, Vice-Chairman,
Vice-President, Presiding Officer or any · other
Member, the age of sixty-seven years:

(2) Neither the salary and allowances nor the other terms and
conditions of service of Chairperson, Vice-Chairperson,
Chairman, Vice-Chairman, President, Vice-President, Presiding
Officer or Member of the Tribunal, Appellate Tribunal or, as the
case may be, other Authority may be varied to his
disadvantage after his appointment."

Mr. Jayant Kumar who was the Vice Chairperson of a Tribunal is of the view that
these amendments are not in consonance with the constitutional mandate of
separation of power and of judicial independence. He has been adversely affected
by these amendments. Mr. Kumar seeks to challenge the constitutional validity
1.
of Part XIV of the Finance Act, by which sweeping changes have been made to
twenty five different enactments to the quallfications, method of appointments,
terms and conditions of Service of the Presiding officers and members of different
statutory tribunals.
Draft a writ of mandamus to be filed in the Supreme Court under Article 32 of the
Constitution on behalf of Mr. Kumar challenging the constitunal validity of the
said provisions on the grounds that such amendments fall foul of the definition of
a 'money bill' defined in Article 110 & 117 of the Constitution of India. Also that
these amendments impinge on the independence of the judiciary thereby
violating the basic structure of the Constitution of India.
 4

QUESTIONN0.3.
Based on evidence available to the prosecution and attenuating facts duly
corroborated 4 persons were tried for offences U/s 302, 448, 211 read with
Section 120B of the Indian Penal Code. They were also charged for offences
under Section 25 of the Arms Act. In the trial, the Court of Session acquitted
three of the four accused for the aforesaid offences and convicted Accused No.4.
On an appeal filed by the State and the convicted •accused the High Court
reversed the acquittal of the 3 accused and confirmed the conviction of Accused
No.4.
Draft an appeal on behalf of the 3 accused against the judgment of reversal,
succinctly setting out the applicable provisions of law under which the jurisdiction
of the Supreme Court of India has been invoked supported by grounds assailing
the judgment of the High Court.
QUESTION NO. 4.
After preparing the Electoral Roll, elections were held for electing the President of
India Mr. S contested the election and lost. He proposes to challenge the election
of Mr. M as the President under the Presidential and Vice-Presidential Election
Act, 1952 (Act 51 of 1952) by following the procedure prescribed under the said
Act. [Section 14 to 19].
Draft an eiection petition on behalf of Mr. S challenging the election of Mr. M as
the President of India keeping in view the provisions of the aforesaid Act and the
extant Supreme Court Rules.
QUESTION N0,5.
'A', an educated young lady belongs to Saharanpur. She applies for and obtains
empioyment in Mumbai. During the course of her employment, her marriage is
arranged with 'B' working in Mumbai but is a resident of Jaipur. The couple
agree to the proposed matrimonial alliance as suggested by their families. The
marriage takes place in Saharanpur. The husband and wife resume work in
Mumbai where they live by themselves. A son is born to them from this wedlock
in Mumbai. The reiationship between the couple sour because the husband
wants to shift the family to Jaipur and the wife resists this. The husband resigns
from employment and shifts to Jaipur leaving 'A' and their son in Mumbai. 'B'
initiates proceedings for divorce in Jaipur against 'A' on the grounds of cruelty.
On receiving summons of these matrimonial proceeding instituted in Jaipur by
'B', '.A.' initiates proceedings for maintenance and riestitution of conjugai rights in
 5

the courts at Saharanpur where the wedding took place. She seeks to have the
matrimonial cause pending in the court in Jaipur transferred to Saharanpur.
Draft a petition on behalf of A seeking the transfer of the matrimonial cause from
Jaipur to Saharanpur detailing the provisions of law and grounds for such
transfer.
QUESTION N0.6,
Ravi Kumar is the owner of about 10,000 sq. ft. of space in a building
constructed for commercial use in Kolkata. On 13.11.2015 he enters Into a lease
with a firm Bholanath & Co. Ltd. letting out the premises on a rent of ~600/- per
sq.ft. for a term of th~ee years. The lease has a dispute resolution clause under
which any dispute arising from the lease should be referred to arbitration by a,
Sole Arbitrator. ·sholanath & Co.Ltd., the tenants default in the payment of rents
after the tenancy has run for 18 months. Ram Kumar puts the tenant on notice
mentioning that the default is a breach of the covenants of the lease and calls
upon the tenant to vacate and hand over the vacation possession failing which he
would initiate proceedings under the lease. The tenant does not abide by the
demand made in the notice. Ram Kumar invokes the Arbitration Clause under the
lease. The tenant resists this and enters issue on the validity of the clause. In
2017 the landlord sought the appointment of an Arbitrator invoking the
jurisdiction of the High Court under Section 11 of the Arbitration & Conciliation
Act, 1996 (as amended in 2015). On 22.10.2022 the High Court appointed an
arbitrator after rejecting the tenant's objections on the arbltrabllity of the
dispute. This order is now cha!lenged by the tenant in a petition under article 136
of the Constitution of India in the Supreme Court of India. Ram Kumar seeks to
contest these proceedings initiated by the tenant against the order of the High
Court pronounced on 22.10.2022.
Draft a counter affidavit on behalf of Ram Kumar, the land lord to oppose the
reliefs sought in the special leave petition on behalf of the landlord succinctly
setting out the law on arbitration clauses incorporated in lease deeds as
measures of alternate dispute resolution.
 Supreme Court of India
Advocate-on-Record Examination
December 2022
Question Paper - III
Advocacy and Professional Ethics
Total Marks: 100 Time Allowed :3 Hours

• The Paper is divided into 5 (five) Sections

lr

• Section 1 and 2 must be answered Jnthe attached sheet with the Question
Paper and must be submitted with the Answer Paper Book

• Section 1- Fill in the blanks -10 - 0.5 marks each 05 marks

• Section 2-True or False -Question No.1-30 - 0.5 marks each 15 marks

• Section 3- Any4 out of 7-10 marks each 40 marks

• Section 4 - Any4 out of 7 - 5 marks each 20 marks

• Section 5 - Compulsory 20 marks

 ADVOCACY AND PROFESSIONAL ETHICS

Return this sheet after completing the information

Section 1

Fill in the blanks-Each correct answer carries 0.5 marks5 Marks)

An (1)____ shall, at all times, comfort himself in a manner

(2)___ his status as an (3)__ of the Court, a(4) __ member of the
community , and a gentleman, bearing in mind that what may be (5)__ _
and a (6)___ for a person who is not a member of the Bar, or for a member
of the Bar in his (7)_____ capacity may still be improper for an
Advocate. Without prejudice to the generality of the forgoing obligation, an
Advocate shall (8)___ uphold the interests of his client and in his conduct
conform to the rules hereinafter mentioned both in letter and in (9)__ . The
rules hereinafter mentioned contain canons of conduct and (10)___ _
adopted as general guides; yet the specific mention thereof shall not be
construed as a denial of the existence of other equally imperative though not
specifically mentioned.

Section 2

Write whether tl1estatement is True or False - Each correct answer

carries 0.5 marks(= 15 Marks)

SI. Statement True/False

1. If a judge makes a statement which makes the Advocate
un~omfortable, the Advocate should give back to the
judge in the same coin
2. Whenever there is proper ground for serious complaint
against a judge, it is the right and duty of the Advocate to
submit his grievance to proper authorities.
3. An Advocate shall not enter appearance, act, plead or
practice in any way before a Court, Tribunal or Authority,
if the sole .or any member thereof is related to the
Advocate as father, mother, son, daughter, brother, sister,
husband, wife
4. An Advocate is free to wear bands or gown in public
places other than in Courts and such ceremonial
occasions as prescribed.
5. An Advocate is free to appear in or before any Court or
Tribunal or any other authority for or against an
 organization or an institution, society or corporation,
even if he is a member of the Executive Committee of
such organization or institution or society or corporation.
6. An Advocate is free to act in a bankruptcy petition when
he himself is also a creditor of the bankrupt.
7. An Advocate can accept a brief from a company of which
he is Director.
8. An Advocate can stand as a surety or certify the
soundness of a surety for his client required for the
purpose of any legal proceE!dings.
9. 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 practice at a fee consistent with his
standing at the Bar and the nature of the case.
10. An Advocate should not accept a brief or appear in a case
in which he has reason to believe that he will be a
witness, and if being engaged in a case, it becomes
apparent that he is a wih1ess on a material question of
fact, he should not continue to appear as an Advocate if
he can retire without jeopardizing his client 1s interests.
11. It shall be the duty of an Advocate fearlessly to uphold
the interests of his client by all fair and honorable means
without regard to any unpleasant consequences to
himself or any other.
12. An Advocate shall defend a person accused of a crime
regardless of :bis personal opinion as to the guilt of the
accused, bearing in mind that "his loyalty is to the law
which requires that no man should be convicted without
adequate evidence.
13. An Advocate shall not, at any time, be a party to
fomenting of litigation.
14. An Advocate is entitled to stipulate for a fee contingent
on the resuits of litigation or agree to share the proceeds
thereof.
15. An Advocate shall not, directly or indirectly, bid for or
purchase, either in his own name or in any other name,
for his own benefit or for the benefit of any other person,
any property sold in the execution of a decree or order in
any suit, appeal or other proceeding in which he was in
anv wav professionallv engaged.
16. Where moneys are received from or on account of a
client, the entries in the accounts should contain a
reference as to whether the amounts have been received
for fees or expenses, and during the course of the
proceeding,
17. Advocate can without the consent in writing of the client
~--- ---
 is at liberty to divert any portion 0£ the expenses towards
fees.
18. An Advocate can lend money to his client for the purpose
of any action or legal proceedings in which he is engaged
by such client.
19. The signboard or nameplate or stationery of Advocate
can indicate that he is or has been associated with any
person or organization or with any particular cause or
matter or that he specializes in any particular type of
work or that he has been a Judge or an Advocate-General.
20. An Advocate shall not accept a fee less than the fee
taxable under the rules when the client is able to pay the
same.
21. An Advocate can personally engage in any business and
can be a working partner in a firm doing business
22. An Advocate may be Director or Chairman of the Board
of Directors of a company with or without any ordinary
sitting fee, provided none of his duties are of an executive
character.
23. An Advocate can be a Managing Director or a Secretary
of any company.
24. An Advocate shall not be a full-time salaried employee of
any person, Government, firm, corporation or concern, so
long as he continues to practice
25. An Advocate who has inherited, or succeeded by
survivorship to, a family business can continue it and can
personally participate in the management thereof.
26. An Advocate is not entitled to review Parliamentary Bills
for a remuneration, edit legal textbooks at a salary, do .
press-vetting for newspapers, coach pupils for legal
examination, set and examine question papers; and,
subject to the rules against advertising and full-time
employment, engage in broadcasting journalism,
iecturing and teaching subjects, both iegal and non-legal.
27. State Bar Council has no authority to give consent to an
advocate to undertake part-time employment even if the
nature of the employment does not conflict with his •
professional work and is not inconsistent with the dignity
of the profession.
28. An Advocate can directly or indirectly bid in Court
auction or acquire by way of sale, gift, exchange or any
other mode of transfer either in his own name or in any
other name for his own benefit or for the benefit of any
other person any property which is subject matter of any
suit appeal or other proceedings in which he is in any
way professionally engaged.
 29. After the termination ..of the proceeding, the Advocate
shall be at liberty to appropriate towards the settled fee
'
due to him, any sum remaining unexpended out of the
amount paid or sent to him for expenses, or any amount
that has come into his hands in that proceeding.
30. An Advocate who has, at any time, advised in connection
with the institution of a suit, appeal or other matter or has
drawn pleadings, or acted for a party, can act, appear or
plead for the opposite party.

Section 3

Attempt any 4 Questions. Each question carry 10 Marks

(10x4) = 40

1. "Court and counsel are the two wheels of chariot of justice. In

the adversarial system, it will be more appropriate to say that
while the judge holds the reigns, the two opponent counsels are
the wheels of chariot, while the direction of the movement is
controlled by the judge holding the reign, the movement itself is
felicitated by the wheels without which the chariot of justice may
not move and may even collapse." Discus~ this statement in the
light of the statutory duties of an Advocate to the Court, Client
and Colleagues. •

2. Innovation and activism within the framework of law is the

essence of evolution process of juridical development, Discuss
with reference to judgments.

3.Whether power of contempt of an advocate by High Court and

disciplinary proceedings by Bar Council can co-exists? Discuss
with reference to judgements.

4. Under Section 35 of the Advocates Act, 1961, if any advocate is

found to be guilty of professional or other n1isconduct, the
disciplinary committee of a State Bar Council can dismiss the
complaint, reprimand the advocate, suspend the advocate from
practice, for such period as it may deem fit or remove the name of
the advocate from State role of Advocate.

(a) What is the other misconduct referred to in Section 35?

(b) Do you think the powers on disciplinary committee are

wide and without any guidelines?
 . ..

5. An AOR of the Supreme Court addressed a post card (to a

party against whom notice was issued by Supreme Court of India)
which read as under:
"Dear Sir,

.. JaiHind
I

Your attention is drawn to Rule 20 of Order W of the

Supreme Court Rules 1950 (as amended upto date) to
appoint an Advocate on Record in the Supreme Court as
according to this Rule 'no advocate other than an Advocate
on Record shall appear and plead in any matter unless he is
instructed by an Advocate on Record.'

You might have got an Advocate on Record in this Court but I

would like to place my services at your disposal if you so
wish and agree.

Hopping to be favoured.
Yours sincerely,
Sd/-"

Whether the AOR is guilty of professional misconduct warranting

disciplinary action against him? Discuss with reference to
judgements.

6.Explain the relevance and importance of Mediation and the role

of lawyers in promoting the same ?

7 .An Advocate refused to return original Will to the Executor /

Beneficiary for non-payment of legal fees. Whether the Advocate
to whom original Will was entrusted has committed any
professional misconduct ?Explain with reference to judgments
 Section 4

Following questions carry 05 Marks each :

Attempt any 4 Questions: (4X5) = 20 Marks

•1. Give a brief summary of restriction on Senior Advocate

imposed by Bar Council of India?

2. A Client has paid advance fee to an AOR for engaging services

of Senior Counsel. As the case was not likely to be listed for
hearing in near future, the AOR kept the advance in a Fixed
Deposit with the Bank. Whether the interest earned on such
Fixed Deposit can be appropriated by the AOR, Explain keeping
in mind the concerned rules of professional ethics ?

3. What is the degree of proof required in disciplinary proceedings

initiated by the Bar Council of India ?

4. A Client has approached anAOR to draft and file a Special

Leave Petition ('SLP') to challenge an interim order of High Court.
The AOR is convinced that there is no case made out under
Article 136 of Co11stitution as the order is merely an ad-interim
order, no question of law much less substantial question of law is
involved and the case is listed before High Court for confirmation
/ vacation of ad-interim order. Client is insisting the AOR to
draft, file and argue the SLP. Whether the AOR should file the
SLP, give reasons for the answer?

5. What are the ways available to an Advocate to promote

himself, without violating Sec. 49(l)(c) of Advocates Act,
1961- Lawyers are not conferred with the right to advertise
and publicize their work, with the aim to solicit clients

6. Can an Advocate criticize the judiciary within and outside

the courtroom? In what circumstances can the judge hold
the critic advocate in contempt - Elaborate with reference to
_..__.._______ .._ _.r 1---- !.- r, r,_ .. :_1 ____ ..3 _____ T.. - .. .. ,.., T.. ,...,.;.: __ J\ llK
.::;Ld.LCHlCHL Ul lclW lU v. rcuvu;nunururuvt::r V:::i, cJU:::ill(;t:: 1'1.,lVl.

Bhattacharjee and Ors. (1995) 5 SCC457) - "It is true that

freedom of speech and expression guaranteed by Article
19[ 1] (a) of the Constitution is one of the most precious
liberties in any democracy. But equally important is the
maintenance of respect for judicial independence which
 alone would protect the life, liberty and reputation of the
citizen,"

7.Supreme Court has consistently held in Ex.Capt. Harish

Uppal vs Union of India (2003) 2 SCC 45:
KrishnakantTamrakar vs The State of Madhya Pradesh-
(2018) 17 sec 27 and DBA, Dehradun vs Ishwar Shandilya
that "strikes by advocates, are in violation of law and the
same amount to contempt and at least office bearers of the
associations who give call for the strikes cannot disown their
liability for contempt. Every resolution to go on strike and
_abstain from work is per se contempt."

The Supreme Court in the case of District Bar Association,

Dehradun Vs Ishwar Shandilya and Ors etated 4.10.2021
held in para 35 as under:

"It is held that only in the rarest of rare case where the
dignity, integrity and independence of the Bar and/ or
the Bench are at stake, courts may ignore (tum a blind
eye) to a protest, abstention from work for not more
than one day. It is br.;ing clarified that it will be for the
court to decide whe~ner or not the issue involves dignity
or integrity or indf"Jpendence of the Bar and/ or the
Bench. Therefe>;rein such cases the President of the
Bar must firs\ consult the Chief Justice or the District
Judge before advocates decide to absent themselves
from co1.,1,rt.

ThP.: decision of the Chief Justice or the District Judge

V Jould be final and have to be abided by the Bar."

v ,v7hether in the following cases, while making demands,

strike by Advocates can be justified :

a. Non creation of a bench of High Court in a particular

city.
b. Filling of vacancies of judge in the High Court.
c. Transfer of a judge from a High Court to another
High Court.
 a. Elevation of a junior judge to Supreme Court,
ignoring the senior judge of that High Court

Section 5 (compulsory)

(10x2) Total 20 Marks

(a) Justice Abbot Parry in his book 'Seven Lamps of Advocacy'has
elaborated the seven following, qualities of a good advocate as,
elaborate any 2 (two) out of them:
"
a. Courage
b. Eloquence.
C. Fellowship
d. Honesty
e. Industry
£. Judgment
g. Wit

(b)Besides the seven qualities referred above, as Seven Lamps of

Advocacy, what according to you are the other qualities for a
successful lawyer.
 SUPREMECOURTOF INDIA

ADVOCATESON RECORDEXAMINATION- DECEMBER2022

PAPERIV - LEADINGCASES
TOTALMARKS:100

INSTRUCTIONS:
(I) Answer any five (5) questions
• II
(II) All questions carry equal marks

1. By virtue of the power to 'amend' conferred by Art. 368, Parliament

cannot alter the 'basic structure' or 'fundamental features' of the
Constitution because the word 'amend' implied that even after
amendment, by way of addition, alteration or repeal of some of its
provisions, the identity of the original Constitution must remain.
Trace the evolution of amendment to the constitution under
Article 368 vis-a-vis the basic structure, fundamental rights and
directive principles of state policy in light of the decision in Minerva
Mills Ltd (majority decision) (1980) 3 sec625 with reference to the
decisions in Kesavananda Bharati (1973) 4 SCC 225, Maneka Gandhi
(1978) 1 sec 248, I.R. Coelho (2007) 2 sec 1and Subhash Chandra
Agarwal (2020) 5 sec481. Whether inclusion of an enactment in the IX
Schedule of the Constitution makes it immune from challenge?

2. Explain the concept of separation of power under the Constitution in

light of the decision in Dr. Ashwani Kumar -v- Union of India and Another
(2020) 13 sec585. What would amount to the exceptional cases as
discussed in Ashwani Kumar;s Case (supra), where the Court may
"legislate", taking into consideration the decisions in DK Basu ( 1997) 1
sec416, Vishakha ( 1997) 6 sec241 and Common Cause (2017) 7 sec
158?
3. Under the RBI Act, what actions are permissible to performed by the
RBI within the scope of 'management of currency'? Do
circulars/ notifications issued by RBI have the status of legislature or
executive action??
Explain the status and role of RBI in light of the decision in
Internet and Mobile Association of India -v- Reserve Bank of India,
(2020) 10 sec 274, specially vis-a-vis management of 'virtual
currencies'. What is the test of constitutional validity and the scope of
judicial review while examining the scope of such actions?

4. What is the scope and ambit of the Curative Jurisdiction decided in

Rupa Ashok Hurra -v- Ashok Hurra and Anr. (2002) 4 sec388?Whether
a curative petition is maintainable after a Review Petition is heard in
open court? Whether the curative jurisdiction can extend to commercial
matters? What are the essential grounds for a Curative Petition to be
entertained?

5. In Kailash Nath Associates -v· Delhi Development Authority B: Anr.

(2015) 4 sec136, the Supreme Court laid down the principles relating .
to the liability of liquidated damagesvis-a-vis proof of actual damages
~/
under the Indian Contract Act, 1872 (Sections7.iand 74). In the context
of the said decision, whether in all cases of liquidated damages proof
of actual damages is a necessary pre-requisite for awarding
compensation? Discusswith reference to decided cases.

6. What is meant by anticipatory bail and what are the conditions for grant
of Anticipatory bail? Trace the evolution of the concept of anticipatory
bail and discuss in light of the Judgement of the Hon'ble Supreme in
SushitaAggar..valand Others -v- State 'NCT cf Delhi and Ancth©r {2020)
5 sec1. Is anticipatory bail a blanket protection and can it come in
the way of further actions by police authorities?
 Can there be. any restrictive conditions imposed while granting •
anticipatory bail?

7. Does.the right to life under Article 21 include the right to die? What is
the scope of 'life and liberty' under Article 21?Is Euthanasia permitted
in India? Discussin light of Common Cause (A Regd. Society) -v- Union
of India 8: Another 2018 (5) sec1.

8. What is the meaning of the term "life imprisonment" in light of the

decision in Union of India -v- V. Sriharan @ Murugan 8: Ors. 2016 (7) sec
-
17Canthere be a special category of life imprisonment? Is there a power
of remis.sionof life sentence that can be exercised by the Appropriate
Government after the power has been exercised by the President or the
Governor? If yes, under what circumstances can such remission be
granted? Are the powers of the Governor of a State coextensive with
the powers of President regarding grant of remission?

9. A mere violation of law or an erroneous application of law does not

warrant an interference with the award under Section 34 of the
Arbitration and Conciliation Act, 1996?Discussthe role of the courts to
set aside an award under Section 34 and SectiQn37 of the Arbitration
and Conciliation Act, 1996, in light of the recent judicial
pronouncements.
Can the court exercising its jurisdiction under Section 34 or 37 of the
Arbitration and Conciliation Act, 1996 uphold a minority award while
setting aside the majority award?

10. "It is the commercial wisdom of this majority of creditors which is to

determine, through negotiation with the prospective resolution
applicant, as to how and in what manner the corporate resolution
processis to take place". In light of this statement, and in the light.of
the decisions in Swiss Ribbons v. Union of India (2019) 4 SCC17 and
ESSARSteel India Ltd case (2020) 8 sec 531 discuss the role of
Adjudicating Authority under Section 31 of the Insolvency ar.d
Bankruptcy Code, 2016?To what extent can the Adjudicating Authority
interfere with a resolution plan duly approved by the Committee of
Creditors? Whether a Resolution Plan can provide for extinguishment of
the claims creditors in a resolution process for revival of the company,
in contrast to the liquidation process by such decision of the Committee
of Creditors?