Case Study Manual Series - Legal Ethics and Court Craft / 1

CHAPTER 1

oPREMECOURT RULES, 2013 AND DELHI HIGH COURT

RULES,1967

Chapter 1 contains the Supreme Court Rules, 2013 and Delhi High Court, 1967
hare the rules regarding advocate, advocate-on-record and senior advocate are
troduced. It delves into the course of conduct of an advocate and persons who are
antitled to appear, plead and address the court while throwing lighton the distinction
botween Advocate arnd Advocate-on-Record and Senior Advocate. It also focuses on
the provisions regarding designation, functions of Senior Advocates including his
registration, power and functions and removal. It also aquaints on the role of a single
Judge and Registrar, the powersS of the court which may be exercised by the Registrar,
powers of a single Judge and types of petitions entertained by the Supreme Court.
The chapter further elaborates how original civil jurisdiction is excercised by the Delhi
High Court.

I. ATA GLANCE
1. Supreme Court Rules 2013
1.1 Part-I General

Order I(Interpretation, etc.)- 'advocate'R 2.(1)(a), 'advocate-on-record' R

2.(1)(b), Judge' R2.(1)(), Judgment R2.(1)(k), 'Senior advocate' R2.(1)(q).
1.2 Advocates and their Course of Conduct
(Order IV Advocates)
1.2.1 Persons entitled to appear, plead and address the court, Distinction
between Advocate, Advocate-on-Record, and Senior Advocates.
Party-in-Person(Order IV R1.(a), R1.(b), R1.(c), R 2.(b), R2.(c).
1. VKGupta v. Presiding Officer CenralGovt. Industrial Tribunal,
2015 SC
2. Bar Council of Uttar Pradesh v. State of UP (1973) 1 SCC 261
3. ONMohindroo v. Bar Council of Delhi AIR 1968 SC 888
4. In re Lily Isabel Thomas, AIR 1964 SC855
5. Bar Council of India v. A.K. Balaji AIR 2018 SC 1382
2/Case Study ManualSeries - Legal Ethics and Court Craft
1.2.2 Designation, functions of Senior Advocate (Order IVR 2.(a) b
2.(b).
6. Indira Jaising v. Supreme Court of India AIR 2017 SC 5017
1.2.3 Registration of Advocate-on-Record (Order IV R4, R5,R6, R 13.(5)
Ordey
1.2.4 Functions and Powers of Advocate-on-Record (Order IV R 7,
1
IVR 15,R16, R 17, R 19, R21).
1.2.5
suspension and
Disciplinary matters including misconduct,(Order
removal from the rolls of Advocate-on-Record IV R 8, R9, R S
i
10, R 11).
1.2.6 Advocates Misconduct

1,3 Role of Single Judge and Registrar of the Supreme Court

1.3.1 Powers of the court which may be exercised by the Registrar and
R9, R
other (Order V R 1, Order XR 1, R4, Order XII R5, R6, R7,
10 Order XV R 5, R 10).
1.3.2 Powers of the court which may be exercised by a Single Judge
Sitting in Chambers (Order VR2, R3, R 4).
1.3.3 Powers of a Single Judge(Order VI R5, R6).
1.4 Types of Petition Entertained by the Supreme Court, Writ petition, Election
Petition( Order XXI, Order XXII, Order XXIII, Order XXIV, Petitions U/A 32
of the constitution for enforcement of fundamental rights (Order XXXVII)
1.5 DelhiHigh Courts Rules 1967
1.5.1 Role and Power of Single Judge
1.5.2 Civil and Criminal Jurisdiction of the Court
 Case Study Manual Series - Legal Ethics and Court Craft I 33
CHAPTER 2
LAW OF LIMITATION
Chapter 2 deals with the conceptual
which includes the basic elements of understanding
of the object of the Limitation Act
limitation. It delves into the circumstances where
the'condonation of delay' in case of appeals or applications is granted on the basis of
Sufficient cause to the satisfaction of the court and the concept of
in granting condonation. It further deals withlegal disability anddiscretion of the court
of time. It also points to exclusion of time of continuous running
proceeding
and acknowledgment by which a fresh period of limitation maybe
in good faith in wrong court
emphasis on the understanding of the law of prescription, law of adverse reckoned. It lays
and savings clause which deals with special or local laws. possession

I. ATA GLANCE
1.1 The Limitation Act, 1963
1.1.1 Definitions
Period of Limitation (Sec. 2.(())
1.1.2 Bar of Limitaton (Sec. 3)
1. B.K. Educational Services Private Limited v.Parag Gupta and
AIR 2018 SC 5601
Associates
2. Pralhad Shankarrao Tajale and ors.v. State of Maharashtra AIR 2018 SC
1313
3.
N. Balakrishnan v M. Krishnamurthy AIR 1998 SC 3222
TATION OF SUITS, APPEALS AND APPLICATIONS
1.1.3 Extension of prescribed period in certain cases (Sec. 5)- Condonation of
Delay, Sufficient Cause, Discretion, 'Within Time'
4. Ummer v. Pottengal Subida and ors. AIR 2019 SC 192
5. SC
Maniben
1629
Devraj Shah v. Municipal Corporation of Brihan Mumbai AIR 2012
t4 Legal Disability (Sec.6), Disability of one of several persons (Sec.7),Special
exceptions (Sec.8), Continuous Running of time (Sec. 9)
6.
Narayan v. Babasaheb AIR 2016 SC 1666
 and Court Craft
34/ Case Study Manual Series - Legal Ethics
Karan v. Basant Kumari Naik and anr. AIR 1999 SC 876
7. Bailochan
Walia and anr. AIR 2018So
8. Sucha Singh Sodhi(D)Thr. LRs v. Baldev Raj
2241

1.1.5
in court without jurisdiction
Exclusion of time of proceeding bona fidecases (Sec. 15)
(Sec. 14), Exclusion of time in certain other
ors. (2018)5
9. Mohinder Singh (Dead) Through LR v Paramjit Singh and
SCC698
payment on account
1.1.6 Effect of acknowledgment in writing (Sec. 18), Effect of
of debt or of interest on legacy (Sec. 19)
Ltd. and anr. AIR 2008
10. J.C. Budhraja v. Chairman, Orissa Mining Corpn.
SC1363
right
1.1.7 Acquisition of easements by prescription (Sec. 25), Extinguishment of
to property (Sec. 27) - Adverse Possession
11. M/s. India House v. Kishan N. Lalwani AIR 2003 SC 2084

12 18 V Laxninarasamma v. A. Yadaiah 2009 AIR SCW 2304

2.1.8 Savings (Sec. 29(2))

II DECIDED CASES

B. K. Educational Services Pvt. Ltd. v. Parag Gupta

AIR 2018 SC 5601*
R. F. Nariman, J.:

1. The present appeals are concerned with Section 238A of the Insolvency and
Bankruptcy Code, 2016 ("Code"), which was inserted by the Insolvency and
Bankruptcy Code (Second Amendment) Act, 2018 with effect from 06.06.2018. The
said Section is as follows:
238A. Limitation-The provisions of the Limitation Act, 1963 (36 of
1963) shall, as far as may be, apply to the proceedings or appeals before
the Adjudicating Authority, the National Company Law Appellate
Tribunal, the Debt Recovery Tribunal or the Debt Recovery Appellate
Tribunal, as the case may be.

R. F. Nariman and Navin Sinha,JJ.

 Case Study Manual Series -Legal Ethics and Court Craft / 113
CHAPTER 3
LAW OF REGISTRATION
This chapter delves into the conceptual understanding of the registration including
the basis, objectives and principles of registration. It further focuses on compulsory
registered documents, optional registration and effects of registration and non
registration of compulsorily registrable documents. It also aquaints with the concept of
family partition and family arrangements. It further elaborates on time for presenting
documents, documents executed by several persons, documents executed out of India.,
place for registering documents relating and time from which registered document
operates.

I. ATA GLANCE
Registration Act, 1908
1.1 Documents of which registration is compulsory (Sec. 17) - Concept of family
partition and family
Arrangements
1. M/s. Park Street Properties (Put) Limited v. Dipak Kumar Singh and anr. AIR 2016 SC
4038

Shyam Narayan Prasadv. Krishna Prasad and ors. AIR 2018 SC 3152
1.2 Documents of which registration is optional (Sec. 18)
1.3 Time for presenting documents (Sec. 23), Documents executed by several
persons at different times (Sec. 24), Provision where delay in presentation
is unavoidable (Sec. 25), Documents executed out of India (Sec. 26), Wills
(Sec. 27)
1.4 Place for registering documents relating to land (Sec. 28), Place for
registering other documents (Sec. 29), Registration by Registrars in certain
cases (Sec. 30), Registration or acceptance for deposit at private residence
(Sec. 31)
1.5 Time from which registered document operates (Sec. 47), Registered
documents relating to property when to take effect against oral agreements
(Sec. 48)
1.6
Efect of non-registration of documents required to be registered (Sec. 49) -
Concept of collateral transaction
 Court Craft
114/Case Study Manual Series- Legal Ethics and
3236
3. Subraya M.N. v. Vittala M.N.AIR 2016 SC
4.
Yellapu Uma Maheswari and Anr. v. Buddha Jagadheeswararao and ors. AIR 2015 SCW
6184

1.7 Certain registered documents relating to land to take effect against

unregistered documents (Sec. 50)

II. DECIDEDCASES

Park Street Properties (Put) Ltd.v. Dipak Kumar Singh

AIR 2016 SC 4038
V. Gopala Gowda, J.:
2. The present appeal arises out of the impugned judgment and order dated
(Reported in AIR 2014 Cal 167) passed by the High Court of Calcutta in F.A. 15.05.2014
No. 151 of
2012, whereby the High Court has set aside the order of the Trial Court
the matter to it for reconsideration from the stage of and remanded
of the notice dated 30.10.2008. examining the question of validity
3. The relevant facts of the case
required to appreciate the rival legal contentions
advanced on behalf of the parties are stated in brief hereunder:
One Karnani Properties Limited, a company
1956 was the owner of the suit premises. It had incorporated
let
under the Companies Act,
of the appellant herein with the right to out the suit premises in favour
appellant herein erntered into an agreementsublet the same or portions thereof. The
subletting the suit premises for the purpose ofdated 15.10.2004 with the respondents
carrying out business from the 'Blue
Fox Restaurant'. Subsequently, the
to run franchise or business
dealing
respondents requested the
with McDonald's family appellant to allow them
premises. In pursuance of the same, the agreement restaurant from the suit
and a ternancy of the suit dated 15.10.2004was terminated,
premises was created in favour of the
basis of an unregistered agreement dated
07.08.2006 at a rent
respondents on the
conditions agreed therein. In terms of the said and on the terms and
rom 01.08.2006, at a rent of Rs.
20,000/- per
agreement, the tenancy commenced
by the 7th day of month, payable by the
as per the every tenants-respondents
terms of the succeeding inmonth according to the English calendar. Further,
appellant was entitled toagreement, thecase of breach of the agreement, the landlord-
thirty days. On terminate tenancy after serving a notice of period of
30.10.Act,
Transfer of Property 2008, the appellant issued a notice under Section 106 of the
1882 (hereinafter
V. Gopala referred to as the "Act") terminating the
Gowdaand Adarsh Kumar
Goel, JJ.
 Case Study Manual Series - Legal Ethics and Court
Craft /143
CHAPTER 4
BENCH-BAR RELATIONS
Chapter 4 delves intothe bench and bar relation. Smooth interface between the two
srequiredfor administarion of Justice. This is achieved through the Advocate Act,
1961 which providesfor Bar Council and outlines its powers, duties and functions to
regulatethe profession. It contains the provisons regarding professional misconduct
anditspunishment and role and power of the disciplinary committee.

I. ATAGLANCE
The Advocates Act, 1961
1.1 Definitions

"advocate" (Sec. 2(a)), "Bar Council" (Sec. 2(d), "Bar Council of India"(Sec. 2(e),
"Legal practitioner" (Sec. 2(0)), "State Bar Council" (Sec. 2(m)
12 State Bar Councils (Sec. (3), Bar Councilof India (Sec. (4)
13 Functions of State Bar Councils (Sec. 6), Functions of Bar Council of India (Sec.
7), Disciplinary Committees (Sec. 9)
14 Senior and other advocates (Sec. 16), Disqualification for enrolment (Sec. 24(a)
1.5 Advocates to be the only recognised class of persons entitled topractise law(Sec.
29), Right of advocates to practise (Sec. 30), Power of Court to permitappearances
in particular cases(Sec. 32), Advocates alone entitled to practise(Sec. 33), Power of
High Courts to make rules(Sec. 34)
1.6 Punishment of advocates for misconduct (Sec. 35)
1. 0. P. Sharma and Ors v. High Court of Punjab and Haryana AIR 2011
SC 2101
2. In Re: An AdvocateAIR 1989 SC 245
AIR 2002 DELHI482
3. J.R. Parashar, Advocate and ors. v. Bar Council of India
anr. AIR 2018 SC 199
4 Kaushal Kishore Auwasthiv. Balwant Singh Thakur and
2017 SC 1041
5. T.A. Kathiru Kunju v. Jacob Mathai and anr. AIR
of Maharashtra, Bombay
6. Pandurang Dattatraya Khandekar v. The Bar Council
and ors. AIR 1984 SC110
SC 2912
7. K.D. Saxenav. Balaram Prasad Sharma AIR 2000
 the(Sec.38), the of andof
to Bench contempt
against Contempt
Appeal (Sec.
Court to andShriMagistrate,
dated letter, Station
p.m.,No. Penal Advocate,
remanding
accused,
arguments,
thePrashar, himagain
derogatory
Haryanadirected after
Division them of
rules by
Punjab FIR When pacify
36), Supreme Bench the order
criminal letter said3 Indian and
make of sentenced 2004. writen about Police
in the N.
(Sec. the the Prashar,
and arebyDivision2(c) theof hisof cum-Judicial the for represented
Soran
to thecustody. to relent
L. andtried
India to of by Court In at him
the 2004 and 1206 by 14.09.1999 of pertaining hearingMr. abusesnot
11.09.1999
Craft
42)
to(Sec. India II. Punjab passedguilty aggrieved
Act")and Faridabad,
him. accused
393/452/506/34
N.
requested he
favourable,
of Appeal DECIDED
CASES of 15 No. L.
police did
remarks,
CourtCouncil of 1108-1115 the them Sections High to hurlinghe
committee
Council 2101* 25.08.2004 A. Division- Mr. whoAfter
of whereby dated addressed
on of IPC") but
Cri. time, to
and 37), CourtSC of "the Feeling Registrar,
thatremand
Prosecutor
herein,
remand.
accused
found theproperly
Bar all with filed Judge, started
Ethics (Sec. Bar 2011 Nos. as 376(Junior Sections "the that hearing
of disciplinary dated
Haryanafound to stated
fine.
India the High read has No. was as Bycontemnors/appellants
not
Legal powers AIR Appeal referred Sessions
the the
to Public
custody. police
the and
behave
of order andSharma Letter which was
ofBar
) power
herein
12 to Judge haswithunder referred remanded Upon
enraged
- Disciplinary
Series v. and Section imprisonmernt addressed Magistrate Assistant of remand
JJ.
Council
of Sharma J.:Criminal
final (hereinafter
appellants Surinder and forwarded Civil
Faridabad dealing
13.06.1999,policerequest him.to
Chauhan,
Punjab
Manual PowersGeneral and District (hereinafter becamehim
under Singh, Magistrate
police against
judgmernt was theto S.
requested
Study P. of
Sathasivam, one 16.09.1999, Judicial accused the B.
1.7. 1.8 0. Court the 1971
them simple Haryana,Class) datedChhainsa, the and
sentence,
The Rakesh he opposed of advocate
remarks Sathasivam
144/Case of Act, 2.
Brief
facts: when Code of order
Highclaim
common convicted
of (a) Ist the 136 theone the and
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terms
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1. P.
 Legal Ethics and Court Craft
194/Case Study Manual Series -
CHAPTER 5
PROFESSIONAL ETHICS
An advocate, alongwith with being a professional, is foremost, an officer of the court
and plays a vital role in the dispensation of justice in the legal system. Advocates
Act, 1961 amends and consolidates the law relating to legal practitioners. Section
49(1) (c) of the Advocates Act, 1961 empowers the Bar Council of1India to make rules
for regulating the standards of professional conduct and etiquette to be observed by
advocates. This chapter examines the rules covering the duty of an advocate towards
and colleagues as framed by Bar Council of India Ts
court, client, opponent the society.
enumerates the duty of an advocate toward

I.ATA GLANCE
IRestrictions on Senin
1.1 PART - VI Rules Governing Advocates CHAPTER -
Advocatest
Etiquette CHAPTER -II
1.2 PART - VI Standards of Professional Conduct and
Preamble
1.2.1 Section I - Duty to the Court
ors.W.P(C)
1. Mathews J. Nedumparaand ors. v. Shri Fali S. Nariman and
2199/2019 (Delhi High Court)
2. State of Orissa v. Nalinikanta Muduli AIR 2004 SUPREME COURT 4272
1.2.2 Section II Duty to the Client
3 A. S. Mohammed Rafi v. State of T. N. and ors. AIR 2011 SC308
4 B.Sunitha v. State of Telengana and anr. AIR 2017 SC 5727
5. Himalayan Co-operative Group Housing Society v. Balwan Singh and ors.
2015 AIR SCW 4254
1.2.3 Section II -Duty to Opponent
1.2.4 Section IV -Duty to Colleagues
1.2.5 Section V-Duty in imparting training
1.2.6 Section VI-Duty to Render Legal Aid
1.2.7 Section VII-Restriction on other Employments
1.2.8 Duty towards Society
CCOURT
6. Ex-Capt. Harish Uppal v. Union of India AIR 2003 SUPREME
739