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Advocate Act

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179 views11 pages

Advocate Act

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divakarareddy3
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Advocate Act

AIBE-XVIII-(4)

1. What penalty is prescribed for persons illegally practising in courts under the
Advocate Act, 1961 ?
(A) Imprisonment upto 3 months
(B) Imprisonment upto 6 months
(C) Imprisonment upto 9 months
(D) Imprisonment upto 12 months
2. Which provision of the Advocate Act, 1961 empowers the Bar Council of India to
prescribe the standard of professional conduct and etiquette to be observed by
advocates?
(A) Section 42 (B) Section 42A (C) Section 48A (D) Section 49
3. Which of the following is incorrect according to the Bar Council of India Rules?
(A) An Advocate can plead in any matter in which he is himself pecuniarily interested.
(B) An advocate shall appear in court at all times only in the prescribed dress.
(C) An Advocate shall not stand as a surety for his client.
(D) An Advocate shall not influence the decision of a court by any improper means.
4. Which of the following authority acts as an appellate authority against the order
made by the disciplinary committee of the Bar Council of India?
(A) Chairman of the Bar Council of India
(B) Vice-chairman of the Bar Council of India
(C) High Courts
(D) Supreme Court of India

AIBE-XVII-(4)

1. Rules made by Bar Council of India in exercising its rule making power under
(A) The Advocates Act, 1951
(C) The Advocates Act, 1961
(B) The Advocates Act, 1954
(D) The Advocates Act, 1964
2. An advocate may, while practicing, take up teaching of Law in any educational
institution which is affiliated to a university, so long as the hours during which he is so
engaged in the teaching of Law do not exceed ----------- hours in a day.
(A) 5
(B) 3
(C) 2
(D) 4
3. In which of the following landmark case the advocate was held guilty of
professional
misconduct as he had forged the court order?
(A) Pratap Narain V. Y. P. Raheja
(B) Vikramaditya V. Smt. Jamila Khatoon
(C) Babulal Jain V. Subhash Jain
(D) Smt. P. Pankajam V. B. H. Chandrashekhar
4.If any advocate is aggrieved by an order of Disciplinary Committee of State Bar
Council made under Section 35 of the Advocate Act or Advocate General of the State
may prefer and appeal to the Bar Council of India within days of the date of
communication of order.
(A) 30
(B) 45
(C) 60
(D) 90
AIBE-XVI-(2)

1. The maximum limit of the members of the state bar council:


a) 15
b) 20
c) 25
d) None.
2. Punishment of advocates for misconduct has been given under section of the
Advocate's Act – 196
a) 30
b) 32
c) 35
d) None
AIBE-XV-(4)
1. Among other things, the Function of Bar council of India includes laying down
standards of professional conduct and etiquette for advocates. – Under which
section of the Advocates Act
a) Section 7
b) Section 8
c) Section 9
d) Section 6
2. According to Justice ‘Abbot Parry’ what are the “Seven Lamps of Advocacy”.
a) (i) Honesty (ii) Courage (iii) professionalism (iv) Wit (v) Eloquence, (vi) Judgment
and (vii)
Fellowship.
b) (i) Honesty (ii) Courage (iii)Industry (iv) Wit (v) Eloquence, (vi)Judgment and (vii)
Fellowship.
c) (i) influence (ii) Courage (iii)Industry (iv) Wit (v) Eloquence, (vi) Judgment and (vii)
Fellowship.
d) (i) Honesty (ii) Courage (iii)Industry (iv) seriousness (v)Eloquence, (vi) Judgment
and (vii)
Fellowship.
3. The Bar Council of India has to lay down the standards of professional conduct
and etiquette for the Advocates under
a) Section 3 of the Advocate Act, 1961
b) Section 7 (1) (b) of the Advocate Act, 1961
c) Section 17 of the Advocate Act, 1961
d) Section 18 of the Advocate Act, 1961
4. According to Section 49 of the Advocate Act of 1961 the bar Council of India has
power to make rules
a) qualifications for membership of a Bar Council and the disqualifications for such
membership
b) the class or category of persons entitled to be enrolled as advocates
c) the standards of legal education to be observed by universities in India and the
inspection of universities for that purpose.
d) All of the above

AIBE-XIV-(4)

1. Which of the following provisions of the Advocates Act, 1961 provides for the
power of Bar Council of India to withdraw to itself, any proceedings for disciplinary
action pending before any State Bar Council:
A. Section 35.
B. Section 37
C. Section 36(2)
D. None of the Above
2. Which of the following is not a duty of an Advocate to Court:
A. To not commit breach of section 126 of Evidence Act..
B. To not to appear on behalf of any organisation of whose Executive Committee, he
is a member.
C. To not appear before a Court, Tribunal or Authority in which his near relation is a
member..
D. To conduct himself with dignity and self-respect. during presentation of a case
before a Court and otherwise acting before a Court..
3. Which of the following, rules of Chapter II of Part VI of the Bar Council Rules deal
with the duty of an Advocate in respect of any moneys received by him from Client:
A. Rule 25
B. Rule 33
C. Rule 24...
D. None of the Above
4. Which of the following can be done by a Senior Advocate in accordance with the
Rules of Bar Council of India:
A. Make concesszions on behalf of client on instructions from junior advocate.
B. Accept instructions to draft pleading
C. Accept brief directly from a client
D. None of the Above
AIBE-XIII-(3)

1. Disciplinary Committee of Bar Council is Conferred the powers of Civil


Court under code of Civil Procedure 1908 by

a) at Section 36 of Advocates Act 1961


b) Section 42 of Advocates Act 1961
c) Section 42 A- of Auvocates Act 1961
d) Section 28 of Advocates Act 1961
2. The designation 'Senior Advocates' is provided under?
a) Section 16, Advocates Act 1961

b) Section 26, Advocates Act 1961

c) Section 6, Advocates Act 1961

d) Section 15, Advocates Act 1961


3. Right to pre-audience is provided by?
a) Section 33 of Advocates Act 1961
b) Section 23 of Advocates Act 1961

c) Section 16 of Advocates Act 1961

d) Section 36 of Advocates Act 1961

AIBE-XII-(4)

1. Which is the correct state statement with regard to the professional ethics of a
lawyer
a) Lawyers have no right to go on strike or give a call for boycott
b) An advocate shall not influence the decision of a court by any illegal or improper
means
c) An advocate abusing the process of
the court is guilty and misconduct
d) All of the above
2. Which is the body that award punishments to the advocates for misconduct
a) Ethics Committee
b) Professional Development Committee
c) Disciplinary Committee
d) High Court
3. Punishment for Advocates for misconduct is defined in Advocates Act 1961 by
a) Section 25
b) Section 33
c) Section 35
d) None of the above
4. Section 24 A of Advocates Act 1961 provides the
a) Appointment of Attorney General
b) Regular attendance at Law College
c) Admitted for enrolment in Bar or State Roll
d) Election to state Bar Council
AIBE-XI-(5)

1. What is the punishment for advocates if the established finding of the Bar Council
is misappropriation?
a) Impose a fine
b) Name of the advocate will be struck off from the Rolls
c) Suspension from practice
d) All of the above
2. On being aggrieved by the order of State Bar
Council, one can appeal to
a) High Court
b) Supreme court
c) Bar Council of India
d) Indian Law Commission
3. Which Section of Advocates Act provides
punishment for misconduct of advocates
a) Section 29
b) Section 35
c) Section 37
d) All of the above
4. Section 24 of Advocate Act deals with
a) Qualification of advocates who should be enrolled in the Bar
b) Qualification to become the Advocate General
c) Qualification to become the Solicitor General of India
d) (b) and (c)
5. Under Section 3 of the Commission of Inquiry Act 1952, an Inquiry Commission is
appointed by
a) Central government or State government
b) Union Public Service Commission
c) State Public commission
d) Supreme Court of India

AIBE-X-(2)

1. Any person aggrieved by an order made by the Disciplinary Committee of the Bar
Council of India U/s 36 or 37 of the Advocates Act, may prefer an appeal to the :
a) High Court
b) Supreme Court
c) State Government
d) Central Government
2. Vikramaditya Vs. Smt. Jamila Khatoon is an Important case relating to
professional misconduct due to which factor-
a) Advocate attending the court with firearms
b) Not appearing before the court deliberately and intentionally
c) Suppression of material facts with intention to harass poor persons
d) Defrauding the client by exploiting the client's illiteracy
AIBE-IX-(4)

1. The Supreme court held in V.C. Ranga dural v D. Gopalan An advocate who has
been disbarred or suspended from practice must prove after expiration of a
reasonable length of time that
a) He appreciates the insignificance of his dereliction
b) He has lived a consistent life of poverty . and integrity
c) He possesses the good character necessary to guarantee uprightness and honour
in his professional dealings
d) The burden is on the applicant to establish that he entitled to resume the privilege
of practicing law without restrictions.
2. The Bar Council of India Rule which stipulated that persons aged 45 years and
above could not be enrolled as advocates was struck down by the Supreme Court in
a) In E.S. Reddi v Bar Council of India
b) Indian Council of Legal Aid and Advise v Bar Council of India
c) P. Shanmugam v Bar Council of Indla
d) Legal Committee v Bar Council of India
3. State Bar Council under the provisions of section 35 of the Advocates Act, 1961
has the authority to
a) Reprimand the advocate
b) Suspend the advocate from practice for such period of time as It may deem fit
c) Remove the name of the advocate from the state roll of advocates
d) All of these
4. Which of the following is untrue regarding qualification for a person to be admitted
on the state rolls maintained by State Bar Councils
a) The minimum age of requirement is 21 years.
b) He must be an Indian Citizen
c) He must not have been convicted of an offense involving moral turpitude
d) They must not have been convicted of an offense under the provisions of the
Untouchability (Offences) Act 1958
AIBE-VIII-(1)

1. In which famous case this issue had come up. Whether the advocate had
committed a professional misconduct and is guilty of the offence of the criminal
contempt of the Court for having interfered with and obstructed the course of justice
by trying to threaten, overawe and overbear the Court by using insulting,
disrespectful and threatening language.
a) Vinay Chandra Mishra, In Re
b) Ex -Capt. Harish uppal V. Union of India
c) Hikmat Ali Khan v. Ishwar Prasad Arya and ors
d) None of the above
AIBE-VII-(4)

1. General power of the Bar Council of India to make rules is envisaged under which
Section of the Advocates Act, 1961
(A) S.48
(B) S. 49
(C) S.II-2
(D) S.IV A
2. Seven lamps of advocacy is attributable to
(A) Justice Abbot Parry
(B) Justice Heward
(C) Justice Bhagawathy (D) Justice Grey
3. Which Section under the Advocates Act, 1961 speaks of disciplinary powers of the
Bar Council of India
(A) 35
(B) 37
(C) 36
(D) 39
4. S. of Advocates Act, 1961 speaks about
constitution of Legal Aid Committees
A)9
B)10
C)9A
D)10A
AIBE-VI-(4)
1. Who has the authority to prescribed qualifications and disqualifications for
membership of a Bar Council?
A) State Bar Councils B) Bar Council of India
C) Supreme Court of India
D) Supreme Court Bar Association
2. Indian Council of Legal Aid and Advise v. BCI case deals with the issue of
A) Prescribing pre-enrolment training for advocates
B) Prescribing minimum qualification for an advocate
C) Prescribing uniform attire for the advocates appearing in the court of law
D) Prescribing age bar on enrolment of advocates
3. For transfer of roll from one state to another, an application is made to the
A) Bar Council of India
B) State Bar council where one is enrolled
C) State bar council where one seeks transfer
D) High court of the state where one is enrolled
4. Which of the following committees cannot be constituted by State Bar Council
A) Special Committee
B) Disciplinary Committee
C) Legal Aid Committee
D) Legal Education Committee
AIBE-V-(4)

1. Duty of an advocate towards his client is detailed out in which rules of Bar Council
of India
A) 33 to 38
B) 11 to 33
C) 23 to 27
D) 33 to 36
2. Which Section under the Advocates Act, 1961 deals with disqualification as to
enrolment?
A) S.25A
B) S.26A
C) S.27A
D) S.24A
3. The Supreme Court has held that an advocate cannot claim a lien over a litigation
file entrusted to him for his fees........ no professional can be given the right to
withhold the returnable records relating to the work done by him with his clients
matter on the strength of any claim for unpaid remuneration. The alternative is the
professional concerned can resort to other legal remedies for such unpaid
remuneration. Refer to the specific case
A) R.D. Saxena Vs. Balram Prasad Sharma
B) V.C. Rangadurai Vs. D. Gopalan
C) Emperor Vs. Dadu Ram
D) G. Naranswamy Vs. Challapalli
4. "The fundamental aim of Legal Ethics is to maintain the honour and dignity of the
Law Profession, to secure a spirit of friendly co- operation between the Bench and
the Bar in the promotion of highest standards of justice, to establish honourable and
fair dealings of the counsel with his client opponent and witnesses; to establish a
spirit of brotherhood in the Bar itself; and to lawyers discharge secure that their
responsibilities to the community generally." Whose statement is this?
A) Chief Justice Marshall
B) Chief Justice Coke
C) Chief Justice Halsbury
D) Chief Justice Bacon
AIBE-IV-(4)

1. When was the Advocate Act introduced?


A. 1962;
B. 1959;
C. 1961;
D. 1966;
2. The Bar Council of India consist of following as ex-officio member:
A. Attorney General of India;
B. Solicitor General of India;
C. Both a & b;
D. None of the above.
3. Indian Bar Committee was constituted first time under the chairmanship of Sir
Adward Chamier in the year:
A. 1927;
B. 1961;
C. 1949;
D. 1923.

4. Power of Disciplinary Committee under the Advocate Act is provided under:


A Section 42;
B. Section 53;
C. Section 40;
D. Section 36.

Total:53

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