9 Professional Ethics

9 – PROFESSIONAL ETHICS

Q.1 Explain the meaning of professional or other misconduct. Can the license of an advocate to practice legal profession be cancelled or suspended for professional or other misconduct ? Ans. The Bar Council of India has laid down certain rules regarding the duties and obligations of lawyers (Advocates). Besides these written rules, there are number of rules which are unwritten. The breach of the Rules amounts to misconduct and such misconduct arising out of breach of duty is punishable under the Advocates Act, 1961. A simple example of breach of professional duty is “after accepting fees in a criminal case, an advocate does not attend the trial day to day. According to Section 35, “professional or other misconduct” means misconduct in a professional or other capacity. In Shyam Sunder Vs. Sheoraj, 46 Crl.L.J. 108, it was held that an advocate has duty not only to his client or court but also to profession of which he is a member. It is his duty not to besmirch name of the legal profession or injure its credit. If he does an act which besmirch the name of the legal profession or injures the credit of the legal profession, his act may be taken as misconduct. The expression “professional misconduct” has been well explained by Hon‟ble SC in V.P. Kumaravelu Vs. The Bar Council of India, AIR 1997 SC 1014 wherein it has been observed “whether negligence will amount to professional misconduct or not will depend upon the facts of each case”. Gross negligence in the duties partakes of shares of delinquency and would undoubtedly amount to professional misconduct. Similarly, the conduct which amounts to dereliction of duty by an advocate towards his client or towards his case would amount to professional misconduct. On receipt of a complaint, if the State Bar Council has reason to believe that any Advocate on its roll has been guilty of professional or other misconduct, it refers the case to the Disciplinary Committee constituted in this regard. The disciplinary committee of a Bar Council shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908. On such reference being made, the Disciplinary Committee fixes a date for hearing of the case and gives notice thereof to the advocate accused of misconduct and also to the Advocate General of that State. After giving an opportunity of hearing to both the persons namely the advocate concerned and the Advocate General, the Committee of the State Bar Council may make any of the following orders:(a) Dismiss the complaint or where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed; (b) Reprimand the advocate; (c) Suspend the advocate from practice for such period as it may deem fit; and (d) Remove the name of the advocate from the roll of advocates of the State. In case where an Advocate is suspended from practice, he shall, during the period of suspension, be debarred from practicing in any court or before any authority in India. Section 41 provides that where an order is made reprimanding or suspending an Advocate, a record of the punishment shall be entered against his name in the State roll. In case where an order is made removing an advocate from practice, his name shall be struck off the State Roll. This Section also makes it clear that in case of removal of an Advocate from practice, the Certificate granted to him under Section 22 in respect of enrolment shall be recalled. It may be pertinent to mention here that the State Bar Council is empowered to withdraw the complaint from one Disciplinary Committee and send the same to another D.C. either on its own motion or on the complaint received from any interested party. *************

Q.2

Write an essay on the aft of drafting of pleadings.

Ans. To be a successful Advocate, the first essential equipment of a lawyer is legal learning. A young lawyer not only should know how to find the law but he should try to know the law itself. Actually, unless one has a deep and sound knowledge of law, one can never find the correct law. A lawyer, to be successful, must be morally strong also. It is said that an Advocate is supposed to work like a horse and live like a hermit. He must be careful about his obligations towards court, client, work and society. He being in a respectable profession, the society expects much from him. Further, a lawyer must have both tact and judgment. Litigation has been compared with warfare, which calls for definite plans and charting out strategy before the commencement of the trial. Success in litigation largely depends upon thorough preparation of case. It started with the setting the machinery of law into motion. Section 26 of CPC, 1908, clearly provides that civil suit commences with the filing of a plaint. Plaint is the plaintiff‟s pleading, a statement of claim in which the plaintiff sets out his cause of action with all necessary particulars. Rule 1 of Order VI of CPC defines “pleadings” as plaint or written statement. As plaint is plaintiff‟s pleading, a defendant‟s pleading is his written statement, a defence in which the defendant deals with every material fact alleged by the plaint in his plaint and also states any facts which are in his favour, adding such legal objections as he wishes to take to the claim. Order VI of PC deals with pleadings in general. Rule 1 thereof defines pleading, while Rule 2 lays down the fundamental principles of pleadings. Rules 3 to 13 require the parties to supply necessary particulars. „Rules 14 and 15 provide for signing and verification of pleadings. Rule 16 authorizes a court to strike out unnecessary pleadings. Rules 17 and 18 contain provision relating to amendment of pleadings. As per Rule 2(1) of Order VI of CPC, following are the fundamental rules regarding pleadings:(a) (b) (c) (d)

Pleadings must state facts and now law; the facts so stated must be material facts only; pleadings must state only the facts on which the parties rely and not the evidence by which such facts are to be proved; and the facts must be stated in a concise form, with precision and certainty.

Every pleading should be divided into paragraphs, numbered consecutively and each allegation or averment should be stated in a separate paragraph. Dates, totals and numbers should be written in figures as well as in words. Wherever misrepresentation, fraud, breach of trust, willful default or undue influence is pleaded in the pleadings, particulars of the same with dates and items should be stated. Documents need not be set out at length in the pleadings unless the words therein are material. Rule 14 provides that every pleading must be signed b the party or by the parties or by the pleader but if the party is unable to sign the pleading, it can be signed by any person authorized by him. Further, every pleading so signed must be verified also either by the party or by one of the parties pleading or by some other person acquainted with the facts of the case. The person who verifies the pleading must specify what paragraphs he verifies upon his knowledge and what paragraphs he verifies upon information received by him and believed by him to be true. The verification must be signed by the person making it and shall state the date on which and the place at which it was signed. A close study of the provisions of the CPC relating to pleadings in general and to plaint and written statement in particular is necessary. Further, the client should be encouraged to tell the full facts in order to prepare complete pleadings. *********

Q.3 What do you mean by the term Advocate. Who can be enrolled as an advocate? State the qualifications for being enrolled as an advocate on a State Roll under Advocates Act, 1961? Ans. According to Section 2 of Advocates Act 1961, „advocate‟ means an advocate entered in any roll under the provisions of this Act. An Advocate is an officer of the court and the court acts on the statements of the advocate. It is the duty of the advocate to assist the court in the due administration of justice. Consequently, an advocate is required to be absolutely fair to the court. He should make accurate statements of the facts and should not twist the facts. It is the duty of an advocate to assist the court in administration of justice and not to cite knowingly an over-ruled decision or a repealed Statute. Every State Bar Council prepares and maintains a Roll of Advocates and an authenticated copy of the Roll is to be sent to the Bar Council of India. According to Section 25 of the AA 1961, an application for admission as an advocate is made ot the State Bar Council within whose jurisdiction the applicant proposes to practice. In this regard, prescribed fees are to be paid. Section 10(1)(b) of the Act provides for an enrolment Committee consisting of three members elected by the State Bar Council from amongst its members. Section 26(1) says that the Enrolment Committee has to dispose of the applications for admission. Clause 2 of Section 26 provides that where the enrolment Committee proposes to refuse any such application, it has to refer the same for opinion Council of India. Where the enrolment committee of a State Bar Council has refused any application for admission as an Advocate on its roll, the said State Bar Council shall send intimation to all other State Bar Councils about such refusal stating the name, address and qualifications of the person whose application was refused and grounds for the refusal. Section 27 of the Advocates Act provides that where a State Bar Council has refused the application of any person for admission as an Advocate on its roll, no other State Bar Council shall entertain an application for admission of such person as an Advocate on its roll except with the previous consent in writing of the State Bar Council which refused the application and of the Bar Council of India. The qualifications for admission as an Advocate are:(a) (b) (c)

Citizenship of India; 21 years of age, and An LL.B. degree from a recognized University.

A foreign national can be permitted to be enrolled as an Advocate also on reciprocal basis i.e. if an Indian citizen is permitted to practice in that country. Section 24 empowers the Bar Council of India to recognize foreign law degrees. Sections 24 (2) & (3) provide for some specified conditions under which the privilege of enrolment as an Advocate has also been extended to the earlier Vakils, Pleaders and Mukhtars and to some others. Section 22 provides that there shall be issued a Certificate of Enrolment in the prescribed form by the State Bar Council to every person whose name is entered in the roll of the Advocates maintained by it under this Act. Every person whose name is so entered in the State Roll shall notify any charge in the place of his permanent residence to the State Bar Council concerned within 90 days of such change. According to Section 24-A, no person shall be admitted as an Advocate on a State Roll:(a) (b)

If he is convicted of an offence involving moral turpitude; If he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955. *************

Q.4

Discuss in short the object and salient features of the Indian Advocates Act, 1961?

Ans. The Parliament in 1961 enacted the Advocates Act (Act XXV of 1961) to amen and consolidate the law relating to legal practitioners and also for providing for the constitution of State Bar Council and an All India Bar Council. Section 1 of the Advocates Act provides that this Act may be called the Advocates Act, 1961. The Act implemented the recommendations of the Bar Committee and the Law Commission with some modifications. The Act repealed the Indian Bar Councils Act, 1962, the Legal Practitioners Act, 1869 and other laws on the subject. Several amendments have been made in it since its enactment. The Act extends to the whole of India. The Act establishes an All India Bar and common roll of Advocates. An advocate has the right to practice in all courts in India. There is no other grade of legal practitioners except advocates. However, the Act permits to classify Advocates into Senior Advocates and other Advocates. The Act establishes a State Bar Council in each State and a Bar Council of India at the Centre. The Attorney General of India and the Solicitor General of India are the ex-officio members of the Bar Council of India. Besides, each State Bar Council sends its one elected member from amongst its members as a member of Bar Council of India. The Council elects its own Chairman. The State Bar Council is an autonomous body consisting of the Advocate General of the State as its ex-officio member. Every authenticated copy of the roll of Advocates prepared and maintained by the State Bar Council is to be sent to the Bar Council of India. The State Bar Councils can frame rules for carrying out their functions and purposes which should be approved by the Bar Council of India. The following rights are available to an Advocate under the Advocates Act, 1961:(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n)

Right to practice the profession of law. Right to practice law throughout the territory to which Act extends. Right to conduct the cases of the parties. Right to sit in the court. Right to enter into compromise on behalf of parties. Right to inspect the documents concerning the case of his client. Right to take copies of the Public documents, etc. Right to cite precedent. Right to submit brief. Right to be appointed Commissioner, Oath Commissioner and Notary. Right to be appointed as Receiver. Right to Lien Right to receive remuneration from the client. Right to keep secret of the professional communications.

With the passing of the Act, admission, practice, ethics, privileges, regulation, discipline and improvement of the profession are now all in the hands of the profession itself and the legal profession could achieve its long cherished object of having a unified Bar on an all India basis. ********

Q.5

Write a short note on the Bar Council of India.

Ans. According to the provisions of Section (4) of the Advocates Act, 1961 there shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist to the Attorney-General of India and the Solicitor-General of India as its ex-officio members and one member elected by each State Bar Council from amongst its members. Sub-section (2), section (4) provides that there shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council is such manner as may be prescribed. Section 10(A) of the Act provides that the Bar-Council of India shall meet at New Delhi or at such other place as it may for reason to be recorded in writing, determine. Provisions of Section (5) of the Act also apply to the Bar Council is a body corporate having perpetual succession and a common seal with power to acquire and hold property both movable and immovable and to contract, by the name by which it is Known. Organization of Bar Council of India :- According to S.4 (1) of the Advocates Act, 1961, there shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India, which shall consist to the Attorney-General of India and the Solicitor-General of India as its ex-officio members and one member elected by each State Bar Council from amongst its members. S.4 (1-A) of the Act makes it clear that no person shall be eligible for being elected as a member of the Bar Council of India, unless he possesses the qualifications specified in the proviso to sub-section (2) of S.3 of the Advocates Act. S.4(3) of the Act provides that the term of office of a member of the Bar Council of India elected by the State Bar Council shall; (i) In the case of a member of a State Bar Council who holds office ex-officio, be two years from the date of his election or til he ceases to be a member of the State Bar Council, whichever is earlier, and (ii) In any other case, be for the period for which he holds office as a member of the State Bar Council : Powers and Functions of Bar Council of India :- It must be noted that the Bar Council of India is a body corporate having perpetual succession and a common seal with power to acquire and hold property both movable and immovable and to contract and may, by the name by which it is known, sue and he sued. S.13 makes it clear that no act done by a Bar Council or Committee thereof shall be called in question on the ground merely of the Council or Committee, as the case may be. The main powers and functions of the Bar Council of India are as follows :1. 2. 3. 4.

Admission as advocates Appointment of Committee and Staff-Members. Maintenance of Account, etc. Rule-Making Power.

S.49 (1) of the Advocates Act confers on the Bar Council of India GENERAL POWER TO MAKE RULES. It provides that the Bar Council of India may make rules for discharging its functions under this act and in particular, such rules may prescribe. 1. 2.

Power to Punish for Professional or Other Misconduct. Appellate Power:- S. 37 empowers the Bar Council of India to hear appeal against the order of the disciplinary committee of a State Bar Council made U/S. 35 of the Act. It Provides that any person aggrieved by an order of the disciplinary committee of a State Bar Council U/S. 35 for punishing an advocate for professional or other misconduct or the Advocate-General of the State may, within 60 days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India. Every such appeal shall be heard by the disciplinary committee of the Bar Council of India. *********

Q.6

What do you mean by the term profession. Is there any difference between profession and business.

Ans. PROFESSION :- A profession is a vocation founded upon specialized educational training, the purpose of which is to supply objective counsel and service to others, for a direct and definite compensation, wholly apart from expectation of other business gain. The term is in essence a rather vaguer version of the term "liberal profession", an anglicisation of the French term "profession libérale". Originally borrowed by English users in the nineteenth century, it has been re-borrowed by international users from the late twentieth, though the (upper-middle) class overtones of the term do not seem to survive retranslation: “liberal professions” are, according to the Directive on Recognition of Professional Qualifications (2005/36/EC) “those practised on the basis of relevant professional qualifications in a personal, responsible and professionally independent capacity by those providing intellectual and conceptual services in the interest of the client and the public”. BUSINESS :- A business, also known as an enterprise or a firm, is an organization involved in the trade of goods, services or both to consumers. Businesses are prevalent in capitalist economies, where most of them are privately owned and provide goods and services to customers for profit. Businesses may also be not for profit or state-owned. A business owned by multiple individuals may be referred to as a company, although that term also has a more precise meaning. The etymology of "business" stems from the state of being busy, and implies commercially viable and profitable work. The term "business" has at least three usages, depending on the scope in which it is used. A business can mean a particular organization, while a more generalized usage refers to a particular market sector, i.e. "the music business". Compound forms such as agri-business represent subsets of the word's broadest meaning, which encompasses all the activity by all the suppliers of goods and services. DIFFERENCE BETWEEN BUSINESS & PROFESSION BUSINESS

PROFESSION

Minimum Qualification

No qualification is required to A minimum technical or academic qualification is needed start a business. to join a profession.

Capital

An adequate amount of capital Real capital is the competency is required to run the business and specialized knowledge of efficiently. the profession.

Objective

The main objective of the Service first, profit second is the business is to earn profit. main objective of the profession.

Risk

There is an element of risk.

In profession there is minimum risk.

Secrecy

The secrecy in business A professional must maintain the secrecy of dealings with his transactions is not necessary. clients.

Code of Conduct

There is no specific code of There is a code of conduct for every profession for regulating conduct for the business. their dealings.

Specialization

A businessman need not to A professional must have a have a specialized knowledge specialized knowledge in the profession in which he wants to for starting a business. join.

Advertisement

Generally, the goods are Advertisement is prohibited in all advertized in business to the professions according to increase sales. their code of conduct.

Criteria of Efficiency

Profits in business is the only Quality of service rendered is the basis of measuring the criteria of efficiency. efficiency.

Transferability

One can easily transfer his Profession involves specialized interest in business to other. knowledge which cannot be e.g. father transferring his transferred to any other person. business to son.

Thus, Legal profession is not a business but a noble profession whose dignity is to be maintained by the rules of professional ethics. **********

Q.7

Explain in detail the establishment and functions of sub-committees of State Bar Council.

Ans. Section 3 of the Advocates Act contains provisions pertaining to the organization of the State Bar Councils. State Bar Council shall consist of the Advocate-General of the State (in case of Delhi State Bar Council, the Additional Solicitor General) as an ex-officio member plus fifteen to twenty five elected members in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council. Sections 9, 10 and 11 of the Advocates Act empowers the State Bar Council to appoint several committees and staff members. According to Section 9, Bar Council shall constitute one or more disciplinary committees, each of which shall consist of three persons of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co-opted by the Council from amongst advocates who possess the qualifications specified in the proviso to Section 3(2) of the Act and who are not members of the Council and the senior-most advocate amongst the members of a disciplinary committee shall be the chairman thereof. Besides the above, according to Section 9-A, a Bar Council may constitute one or more legal aid committee each of which shall consist of such number of members not exceeding nine, but not less than five, as may be prescribed. The qualifications, the method of selection and the term of office of the members of a legal aid committee shall be such as may be prescribed. Besides, a State Bar Council shall constitute the following Standing Committees, namely – (a) (b)

An executive committee consisting of five members elected by the Council from amongst its members; and An Enrollment Committee consisting of three members elected by the Council from amongst its members.

Section 10(3) makes it clear that a State Bar Council may constitute from amongst its members such other committees as it may deem necessary for the purpose of carrying out the provisions of the Advocates Act, 1961. The committees other than disciplinary committees continued by the Bar Councils shall meet at the headquarters of the respective Bar Councils. Every Bar Council and every committee thereof except the disciplinary committees shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed. The disciplinary committees constituted under section 9 shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed. ***********

Q.8

What do you mean by Bench-bar Relations. Explain the nature and scope of Bench Bar relations.

Ans. Bar-Bench Relation :- It is to be noted that in Bar and Bench play an important role in the administration of justice. The Judges administer the law with the assistance of the lawyers. The lawyers are officers of the Court Vide : L.M. Dass Vs. Advocate General, Orissa, A.I.R. 1957 S.C. 250. They are expected to assist the Court in arriving at a correct judgment. The legal profession has been created no for private gain but for public good. It is a branch of the administration of justice. It is a partner with the judiciary in the administration of justice. Besides, the Court acts on the statements of the advocates and therefore, the advocates are under obligation to be absolutely fair to the court. They are required to make accurate statements of facts and should not twist them. An advocate is under duty not to misguide the Court. He should not cite knowingly an overruled decision or a repealed statute. However, an advocate should not be servile and in case there is proper ground for complaint against a judicial officer, it is not only his right but also duty to submit his grievance to the proper authorities. He should always bear in mind that he is an officer of the Court qnd part of the administration of justice, of which he is a part, will result in the complete death of the rule of law. Thus, the lawyers should uphold the dignity and decorum of the Court and should not do anything which brings the Court in to disrepute. Many duties of the lawyers to the Court have been codified by the Bar Council of India. The breach of such duties is taken as professional misconduct and it is punished in accordance with the provisions of the Advocates Act,-1961. As a matter fact, self-restraint and respectful attitude towards the Court, presentation of correct facts and law with a balance mind and without over statement, suppression distortion or embellishment are requisites of good advocacy. It is the duty of lawyer to uphold the dignity and decorum of the Court and must not do anything which bring the Court itself in to disrepute. Mutual respect is necessary for the maintenance of the cordial relations between the bench and bar. The judges play important role in the maintenance of rule of law which is essential for the existence of the orderly society. Where judicial power becomes corrupt, liberty expir3es, no security os left of life, reputation and property and no guarantee is left of personal or domestic happiness. A strong impartial and capable, judiciary is the greatest need of a State. On account of such importance of the Judges in the maintenance of the orderly society, it is the duty of the lawyers to play constructive role in the administration of justice. They must be respectful to the Judges but at the same time, in case of proper ground for complaint against a Judge, they should submit the complaint to the proper authority in proper manner. A judge must be impartial and must do everything for justice and nothing for himself or his friend or his sovereign. A Judge must not allow himself to be subjected to any influence other than influence of the law and justice of the cause. He must discharge his duties without fear or favour, affection or ill-will. A Judge should possess calm temper. He should repress irritability and passion. He should have patience and gravity of hearing. He should allow the advocate or party the fullest opportunity to present his case. When the Judge does not allow the advocate to present his client‟s case as he considers it best, the counsel owes to his client to protest against it. The Advocates provide invaluable aid to the Judges in discharging their judicial functions and, therefore, the Judges should be considerate and courteous towards the members of the Bar. They should avoid interruption in the Counsel‟s arguments. In P.D. Gupta Vs. Ram Murti, AIR, 1998, S.C. 83, the Supreme Court has observed that administration of justice is stream which has to be kept pure and clean. It has to be kept unpolluted, Administration of justice is not something which concerns the Bench only. It concerns the Bar as well. Bar is the principal ground for recruiting Judges. No one should be able to raise a finger about the conduct of a lawyer. Actually Judges and lawyers are complementary to each-other. The primary duty of the lawyer is to inform the Court as to the law and facts of the case and to aid the Court to do justice by arriving at the correct conclusions. Good and strong advocacy by the counsel is necessary for the good administration of justice. Consequently, the counsel must have freedom to present his case fully and properly and should not be interrupted by the Judges, unless the interruption is necessary.

Using insulting language against a Judge or threatening him with transfer or impeachment or addressing the Judge by loosing temper or questioning his authority to ask question or making scandalous allegations against a Judge or suppressing the facts to obtain favourable orders, etc. amounts to contempt of Court. *************

Q.9

Explain in detail the establishment and functions of State Bar Council.

Ans. According to the provisions of section(4) of the Advocates Act, 1961 there shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist to the Attorney-General of India and the Solicitor-General of India as its ex-officio members and one member elected by each State Bar Council from amongst its members. Sub-section (2), section (4) provides that there shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council is such manner as may be prescribed. Section 10(A) of the Act provides that the Bar-Council of India shall meet at New Delhi or at such other place as it may for reason to be recorded in writing, determine. Provisions of section (5) of the Act also apply to the Bar Council is a body corporate having perpetual succession and a common seal with power to acquire and hold property both movable and immovable and to contract, by the name by which it is Known. Establishment and Organisation of State Bar Councils :- S.3 of the Advocates Act 1961, provides that there shall be a Bar Council(a) For each of the States of Andhra Pradesh, Bihar, Gujarat. Jammu and Kashmir, Madhya Pradesh, Karnataka, Orissa, Rajasthan and Uttar Pradesh to be known as the Bar Council of that State. S.3 of the Act makes provisions in respect of the organisation of the Bar Council. It provides that a State Bar Council shall consist of the following members, namely(a) In the case of the State Bar Council of Delhi, the Additional Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate-General of each of the States of Assam, Manipur, Meghalaya, Manipur and Tripura, ex officio, in the case of the State Bar Council of Punjab and Haryana the Advocate-General of each of the State of Punjab and Haryana, ex officio and in the case of any other State Bar Council, the Advocate-General of the State, ex officio. (b) In the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members in the case of State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council. Besides the members, the State Bar Council shall have a chairman and Vice-Chairman elected by the Council in such manner as may be prescribed. Sub.S. (3A) of S.3 of the Act makes it clear that every person holding office as Chairman or as vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act, 1977, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be. Powers and Functions of the State Bar Council :- Every Bar Council is a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable and to contract and may by the name by which it is known sue and be sued. S.6 provides that the functions of the State Bar Council shall be:(a) To admit persons as advocates on its rolls. (b) To prepare and maintain such roll. (c) To entertain and determine cases of misconduct against advocates on its roll. (d) To safeguard the rights, privileges and interests of advocates on its roll. (e) To promote and support law reform. (ee) To conduct seminars and organize talk on legal topics by eminent jurists and publish journals and papers of legal interest. (eee) To organize legal aid to the poor in the prescribed manner. (f) To manage and invest the funds of the Bar Council. (g) To provide for the election of its members. (h) To perform all other functions conferred on it by or under this Act. (i) To do all other things necessary for discharging the aforesaid functions. According to S.22 (1) there shall be issued a certificate of enrolment in the prescribed form by the State Bar Council to every person whose name is entered in the roll of advocate maintained by it under this Act.

Appointment of Committees & Staff Members:- According to S.9, a Bar Council shall constitute one or more disciplinary committees, each of which shall consist of three persons of whom tow shall be persons elect6ed by the Council form amongst its members and the other shall be a person co-opted by the Council from amongst advocates who possess the qualifications specified in the proviso to S. 3(2) of the Act and who are not member of the Council and the senior most advocate amongst the members of a disciplinary committee shall be the chairman thereof. Besides the above According to S. 9-A a Bar Council may constitute one or more legal aid committee each of which shall consist of such number of members not exceeding nine, but not less than five as may be prescribed. The qualifications, the method of selection and the term of office of the members of a legal aid committee shall be such as may be prescribed. Besides a State Bar Council shall constitute the following standing committees namely(a) An executive committee consisting of five members elected by the Council from amongst its members of and (b) An enrolment committee consisting of three members elected by the Council from amongst its member. S. 10(3) makes it clear that a State Bar Council may constitute from amongst its members such other committees as it may drew necessary for the purpose of carrying out the provisions of the Advocates Act, 1961. ***************

Q.10 Define contempt. What are the kinds of contempt. How does it damage the decorum of courts. Explain with the help of decided cases. Ans. According to S. 2, of the Contempt of Court Act, 1971, “Criminal Contempt” means the publications, whether by words, spoken or written or by signs, or by visible representations, or otherwise of any matter of the doing of any act whatsoever which;(i)

Scandalizes or tends to scandalize or lower or tends to lower the authority of any Court; or

(ii)

Prejudices or interferes or tends to interfere with the due course of any judicial proceeding; or

(iii)

Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

Meaning of the Contempt of Court:- The term contempt of Court is defined by different jurists in different manner. In the opinion of Oswald, contempt of Court may be said to be constituted by any conduct that tends to bring the authority and administration of law int disrespect or disregard or to interfere with or prejudice parties, litigation or their witnesses during the litigation. According to Halsbury, “any act done or writing published which is calculated to bring a court or Judge onto contempt or to lower his authority or to interfere with the due course of justice or the lawful process of the Court is Contempt of Court. S.(2) provides that “Criminal contempt” means the publication (whether by words, spoken or written or by signs or by visible representations or otherwise ) of any matter or the doing of any other act whatsoever which(i) (ii) (iii)

Scandalizes or tends to scandalize or lowers or tends to lower, the authority of any Court, or Prejudices or interferes or tends to interfere with, the due course of any judicial proceeding, or Interferes or tends ot interfere with or obstructs or tends to obstruct, the administration of justice in any other manner.

In short, administration of justice is and should be the basis of the definition of contempt of Court. Applying this test the concept „Contempt of Court‟ may be defined as follows:„Contempt of Court‟ means an act or omission which interferes or tends to interfere with the administration of justice. Provided that if the interference with the administration of justice is in the form of disobedience to the order of the Court or breach of undertaking given to the Court, it will amount to contempt of Court only when the disobedience or breach is willful. Kinds of Contempt of Court :- The Contempt of Court has been categorized into two categories- 1.Civil Contempt and 2.Criminal Contempt. However, the categories are not closed. There are several contempts which do not fall in any of them. In spite of it, there may be taken as broad categories and ordinarily the contempts fall therein. According to S. 2(b), of the Contempt of Courts Act, 1971 „Civil Contempt‟ means willful disobedience to any judgment, Decree, direction, order, writ or other process of a Court or willful breach of undertaking given to a Court. For civil contempt there must be disobedience to the order, etc. of the Court or breach of undertaking given to the Court and the disobedience or breach must be willful. To constitute „civil contempt‟ both these elements must be proved. Essential of Civil Contempt :- To constitute „Civil Contempt‟ the following two essentials are required to be proved(a)

There is disobedience of the order, decree, etc. of the Court or breach of undertaking given to the Court; and

(b)

The disobedience or breach is wilful. ***************

Q.11

What are the kinds of writs under Constitution of India. Discuss in brief each of them.

Ans. Lord Halsbury in his Laws of England calls the writs as extraordinary remedies which are issued upon cause shown in cases where the ordinary legal remedies are inapplicable or inadequate. According to J. Hidayat Ullah, “The word „writ‟ has been used in the sense of a written document under the seal of the court issued to a person or authority including Government in appropriate cases commanding them or any of them to do or forbear from doing some act.” Kinds of Writs- there are two kinds of writs- The prerogative writs and the original or judicial writs. What Writs can be issued – Under Arts. 32 and 226 the Constitution of India confers upon the Supreme Court and the High Courts respectively the power to issue direction, Orders, or Writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of the fundamental Rights and in the case of High Court “for any other purpose” also. HABEAS CORPUS :- The literal meaning of Habeas Corpus is “you may have the body”. The writ of Habeas Corpus is a writ for securing the liberty of person where such liberty is wrongly taken away. It is an effective means of immediate release from unlawful detention whether in prison or in private custody. The writ consists in a command from the Court of the production of the person detained or imprisoned and through this writ the Court makes an inquiry into the cause of imprisonment. If there is no legal jurisdiction for detention, the person detained is ordered to be released. Who can apply ?- An application for Habeas Corpus can be made by either the prisoner himself or by any other person on his behalf. MANDAMUS :- Lord Halsubry in his „Laws of England‟ describes a writ of mandamus as “The writ of mandamus is a high prerogative writ of a most extensive remedial nature and is, in the form of a command issuing from the High Court of Justice, directed to any person, corporation, or inferior court requiring him or them to do some particular things therein specified which appertains to his or their office and is in the nature of a public duty.” In mandamus there may be command to do a particular thing, i.e., the command may be either positive or negative. It lies in respect of a legal right oand legal duty but not in respect of rights and duties of a purely moral character. Where there is no duty but only a power to do a thing mandamus will not lie to enforce the exercise of the power unless the power is coupled with a duty to exercise it. The writ of mandamus is granted to a person whose right s have been infringed, if the following conditions are fulfilled – (i) (ii) (iii) (iv) (v)

the petitioner has a legal right. that legal right has been infringed. that the reason of infringement was the non-performance of the corresponding duty by the public authority. that the petitioner has demanded the performance of that legal duty by that public authority and the authority has refused to act. the duty sought to be enforced must be of a public nature, i.e., created by some statute and not of a private nature.

(vi) PROHIBITION – A writ of Prohibition is a judicial writ issued by a court of superior jurisdiction directing an inferior court for the purpose of preventing the inferior court from usurping a jurisdiction with which it is not legally vested or to compel courts entrusted with judicial duties to keep within the limits of their jurisdiction. Writ of Prohibition can be issued for both excess of jurisdiction and absence of jurisdiction, violation of natural justice, fraud, contravention of the laws of the land. It can be issued to a judicial or quasi-judicial body which is inferior to the issuing court. Existence of an alternative remedy is no bar to the issuance of writ or Prohibition. CERTIORARI :- It is a command or order by the superior court to an inferior court or tribunal to transmit a record or cause or matter pending before them to the superior court not to proceed with the case which is not within its jurisdiction and also to quash any order made by the court in such a case. If the order of inferior court is found to be without jurisdiction or against the principles of natural justice, it will be quashed. Any person whose legal right has been violated can apply for the issue of this writ. Any person may, on behalf of a group of persons or society or persons at large, apply.

Conditions when writ of Certiorari can be issued :(a) (b) (c) (d)

The act, order or judgment, in respect of which the writ is sought to be issued should be the act, order or judgment of an inferior court or statutory body exercising judicial or quasi-judicial functions; Such court or body must have acted in absence or in excess of the jurisdiction vested in it so as to render such act, order of judgment invalid; Where there is violation of principles of natural justice; When there is an error apparent on the face of record.

QUO-WARRANTO :- By issuing the writ of quo-warranto the court seeks from the person to whom it is issued information as to the warrant or authority by which the said person supports his right to an office, franchise or liberty. It lies against a person who claims or usurps an office, franchise or liberty with respect to which information is sought so that such persons‟ right to the same may be determined in the light of the authority or warranto cited by such person in support thereof. The writ of quo warranto cannot be issued unless the defendant is in actual possession of the office and exercises the office. A motion for a writ of quo warranto can be made at the instance of a private person although he is not personally aggrieved or interested in the matter. The motion does not require the intervention of the Government or any public authority. This type of writ is a discretionary remedy and is not issued as a matter of cause but only after the conduct and motive of the petitioner is enquired. -.-.-.-.-.-

Q. 12 State the procedure for enrolment of a Senior Advocate under the Indian Advocates Act, 1961. Describe the essential condition s for the enrolment and restriction on their rights. Ans. As per Section 16 under Chapter III of the Advocate Act, 1961, there shall be two classes of advocates, namely, senior advocates and other advocates. An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability, standing at the Bar or special knowledge or experience in law he is deserving of such distinction. An advocate of the Supreme Court who was a senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate. As per Section 23 of the Act, the Senior Advocate, subject to other conditions laid down in the section, shall have right to pre-audience over other advocates; and the right of pre-audience of senior advocates inter se shall be determined by their respective seniority. Further, the Senior Advocates shall, in the matter of their practice of the profession of law mentioned in Section 30 of the Advocates Act, 1961, be subject following restrictions as laid down by Bar Council of India in Part-VI, Chapter-IV in its Rules under Sections 16 (3) and 49 (1) (g) of the Act, in the interest of the legal profession: (a)

A Senior Advocate shall not file a vakalatnama or act in any Court, or Tribunal, or before any person or other authority mentioned in Section 30 of the Act.

(b)(i)

A Senior Advocate shall not appear without an Advocate on Record in the Supreme Court or without an Advocate in Part II of the State Roll in any court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act.

(ii)

Where a Senior Advocate has been engaged prior to the coming into force of the rules in this Chapter, he shall not continue thereafter unless an advocate in Part II of the State Roll is engaged along with him. Provided that a Senior Advocate may continue to appear without an advocate in Part II of the Sate Roll in cases in which he had been briefed to appear for the prosecution or the defence in a criminal case, if he was so briefed before he is designated as a senior advocate or before coming into operation of the rules in this Chapter as the case may be.

(c)

He shall not accept instructions to draft pleading or affidavits, advice on evidence or to do any drafting work of an analogous kind in any Court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act or undertake conveyancing work of any kind whatsoever. This restriction however shall not extend to settling any such matter as aforesaid in consultation with an advocate in Part II of the State Roll.

(cc)

A Senior Advocate shall, however, be free to make concessions or give undertaking in the course of arguments on behalf of his clients on instructions from the junior advocate.

(d)

He shall not accept directly from a client any brief or instructions to appear in any Court or Tribunal or before any person or other authorities in India.

(e)

A Senior Advocate who had acted as an Advocate (Junior) in a case, shall not after he has been designated as a Senior Advocate advise on grounds of appeal in a Court of Appeal or in the Supreme Court, except with an Advocate as aforesaid.

(ff)

A Senior Advocate may in recognition of the services rendered by an Advocate in Part-II of the State Roll appearing in any matter pay him a fee which he considers reasonable. ************

Q.13

Describe the duties of an advocate towards the client(s).

Ans. Rules 11 to 33 of the Rules framed by the Bar Council of India deal with the duties of an Advocate to his client. The relationship between an advocate and his client is that of fiduciary. It has been observed by Hon‟ble Supreme Court that the relationship between an advocate and his client is purely personal involving a highest personal t5rust and confidence. This requires a high degree of fidelity and good faith on the part of the Advocate. The duties of an Advocate towards his client are as under:(a)

An advocate shall not ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable and sufficient notice is given to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been earned.

(b)

An advocate shall not accept a brief or appear in a case in which he has reason to believe that he will be a witness.

(c)

An advocate should uphold the interest of the client fearlessly by all fair and honourable means. The Advocate should defend a person accused of a crime regardless of his personal opinion as to guilt of the accused and in the discharge of this duty, he should always bear in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence.

(e)

Rule 16 provides that an Advocate appearing for the prosecution of a criminal trial shall so conduct the prosecution that it does not lead to conviction of the innocent.

(f)

An advocate shall not directly or indirectly commit a breach of the obligations imposed by Section 126 of the Indian Evidence Act, meaning thereby that he *should not make any disclosure before the court which his client does not want him to reveal.

(g)

In an advocate has any relation, direct or indirect, with the party against whom he is being engaged by a person, he should disclose this fact before his client so that the client can decide whether to engage him or not.

(h)

An advocate shall not act on the instructions of any person other than his client or his authorized person.

(i)

An advocate shall not stipulate a fee contingent on the results of litigation or agree to share the proceeds thereof. (Rule 20)

(j)

An advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client.

(k)

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, shall not act, appear or plead for the opposite party.

(l)

The relation between an advocate and his client is fiduciary. It is of confidential nature requiring a high degree of fidelity and good faith.

(m)

An advocate shall not bid, directly or indirectly, or purchase either in his own name or in any other name, any property sold in execution of a decree or other proceedings in which he was in any way professionally engaged. However, the advocate can purchase the property so auctioned for and on behalf of his client. (Rule 22)

(n)

An advocate should keep accounts of the client‟s money entrusted to him and should render the account thereof in case the client wishes to have the information in that regard. (Rule 25) *****

Q.14

Explain the constitution of Bar Council of India.

The Bar Council of India consists of members elected from each State Bar Council, and the Attorney General of India and the Solicitor General of India who are exofficio members. The members from the State Bar Councils are elected for a period of five years. The Council elects its own Chairman and Vice-Chairman for a period of two years from amongst its members. Ans.

According to S.4 (1) of the Advocates Act, 1961, there shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members:(a) The Attorney-General of India, ex officio; (b) The Solicitor-General of India, ex officio; (c) One members elected by each State Bar Council from amongst its members. S.4 (1-A) of the Act makes it clear that no person shall be eligible for being elected as a member of the Bar Council of India, unless he possesses the qualifications specified in the proviso to sub-section (2) of S.3 of the Advocates Act. S.4 (3) of the Act provides that the term of office of a member of the Bar Council of India elected by the State Bar Council shall,(i) In the case of a member of a State Bar Council who holds office wx-officio, be two years from the date of his election or till he ceases to be a member of the State Bar Council: Powers and Functions of Bar Council of India :- It must be noted that the Bar Council of India is a body corporate having perpetual succession and a common seal with power to acquire and hold property both movable and immovable and to contract and may, by the name by which it is known, sue and he sued.S.13 makes it clear that no act done by a Bar Council or Committee thereof shall be called in questin on the ground merely of the existence of any vacancy in or any defect in the constitution of the Council or Committee, as the case may be. The main powers and functions of the Bar Council of India are as follows:1. 2. 3. 4.

Admission as Advocates Appointment of Committee and staff-members Maintenance of Account, etc. Rule-Making Power - S.49(1) the Advocates Act confers on the Bar Council of India general power to make rules. It provides that the Bar Council of India may make rules for discharging its functions under this Act and in particular, such rules may prescribe. 5. Appellate Power 6. Other Powers and Functions . *************

Small Questions – 4 Marks 1.

Describe the constitution of Disciplinary Committee of State Bar Council.

Ans. Section 9 of the Act requires the State Bar Council to constitute one or more disciplinary committees. Each of such committee is required to consist of three persons of whom two shall be persons elected by the council from amongst advocates who possess the qualifications specified in the proviso to sub-section (2) of Section3 and who are not members of the Council and the senior-most Advocate amongst the members of a disciplinary committee shall be the chairman thereof. ********* 2. State four powers of the Bar Council of India. Ans.

Four powers of the Bar Council of India are as follows: (a) Rule Making power (b) Maintenance of accounts and books (c) Admission of Advocates (d) Transfer of name from one State roll to another (e) Appointment of Committees and staff members (f) Punishment for professional and other misconduct. *****

3.

Discuss the definition of criminal contempt.

Ans.

Clause (c) of Section2 of the Contempt of Courts Act, 1971 provides that „criminal contempt‟ means thepublicationwhether by words, spoken or written or by signs, or by visible representations, or otherwise of any matter of doing of any act whatsoever which – (i) scandalizes or tends to scandalize or lower or tends to lower the authority of, any court, or (ii) prejudices or interferes or tends to interfere with, the due course of any judicial proceedings; or (iii) interferes or tends to interfere wit, or obstructs or tends to obstruct, the administration of justice in any other manner. *****

4.

State the four rights of an advocate.

Ans. According to Section 30 of the Advocates Act, subject to the provisions of this Act, every Advocate whose name is entered in the State roll shall be entitled as of right to practice throughout the territory to which this Act extends – (i) In all courts including the Supreme Court; (ii) before any tribunal or person legally authorized to take evidence; and (iii) before any other authority or person before whom such advocate by or under any law for time being in force entitled to practice. However, this Section has not been brought into effect by the Central Government. Because of it, the advocates are being debarred from appearance in many Tribunals, namely Industrial Tribunals. Family Courts, Juvenile Justice Act, etc. as under these Acts a specific bar is provided against the appearance of the Advocates in the Acts itself. Or (i) Right to practice the profession of law. (ii) Right to practice law throughout the territory to which Act extends. (iii) Right to conduct cases of the parties. (iv) Right to sit in the court. (v) Right to enter into compromise on behalf of parties. (vi) Right to inspect the documents concerning the case of his client. (vii) Right to take copies of documents, etc. **************** 5.

Write the names of various committees of Bar Council of India.

Ans. (ii) (iii)

(i) One of more than one Disciplinary Committee each of which consists of three members each. Legal Aid committee. Executive Committee consisting of nine members elected by the Council from amongst its members. Legal Education Committee consisting of ten members, of whom five shall be person selected by the council from amongst its members and five shall be persons co-opted by the Council who are not members thereof. ************

(iv)

6.

Describe three important powers of State Bar Council under Advocates Act.

Ans.

(i) (ii) (iii) (iv) (v) (vi) (viii)

7.

Write the names of various committees of State Bar Council.

Ans.

(i) One of more than one Disciplinary Committee each of which consists of three members each. (ii) Legal Aid committee. (iii) An executive committee consisting of five members elected by the Council from amongst its members. (iv) An enrolment committee consisting of three members elected by the Council from amongst its members ***********

8.

State three rights of an Advocate with relevant Section.

Ans.

(i) (ii) (iii) (iv) (v) (vi) (vii)

9.

Describe the two kinds of criminal contempt.

Ans.

The two kinds/essentials of criminal contempt are (i) publication or other act and (ii) scandalizing or lowering the authority of the court or interfering with the judicial proceedings or administration of justice. *********

10.

Procedure for removal of name of an advocate from the roll of Advocates.

Admit persons as advocates on its roll. Prepare and maintain such roll. Entertain and determine the cases of misconduct against advocates on its roll. Safeguard the rights, privileges and interest of advocates on its roll. Manage and invest the funds of the Bar Council Provide for the elections of its members. Perform all other functions conferred on it by or under this Act. ************

Right to practice the profession of law. Right to practice law throughout the territory to which Act extends. Right to conduct cases of the parties. Right to sit in the court. Right to enter into compromise on behalf of parties. Right to inspect the documents concerning the case of his client. Right to take copies of documents, etc. ************

Ans. Section 35 of the Advocates Act deals with punishment of Advocates for misconduct. This Section provides that on receipt of a complaint or otherwise, a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it must refer the case fo Disciplinary Committee of that Bar Council. The Disciplinary Committee then fixes a date for hearing of the case and gives notices thereof to the advocate accused of misconduct and also to the Advocate General of the that State. After giving hearing to both the persons namely the Advocate concerned and the Advocate General, the Committee can pass the following four orders:(a) Dismiss the complaint or where the proceedings are at the instance of the Council, direct the proceedings to be filed; (b) Reprimand the advocate (c) Suspend the advocate from practice for such period as it deems fit. (d) Remove the name of the advocate from the roll of Advocates of the State. In case where an order of removal of an advocate from practice has been passed, his name shall be struck off the State roll under Section 41 of the Advocates Act. In such a case, the certificate granted to him under Section22 in respect of his enrolment shall be recalled. ******** 11.

Describe the jurisdiction of High Court regarding contempt.

Ans. Procedure to be followed in a contempt proceeding is the summary procedure. In the celebrated case of Vinay Chandra Mishra reported as AIR 1995 SC 2348, it has been held that all types of contempt can be dealt with summarily by the court of record. Article 215 of the Constitution of India declares that every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself; Similar powers have been conferred on the Supreme Court of India

under Article 129. Supreme Court and High Court being the courts of record have inherent power to punish for contempt summarily. ************ 12.

Explain court of record.

Ans.

In common law jurisdictions, a court of record is a trial court in which a court clerk or a court reporter takes down a record of proceedings. That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some states, death penalty statutes provide that all evidence must be preserved for an extended period of time). Most courts of record have rules of procedure,[1] and therefore they require that most parties be represented by counsel lawyers (specifically, attorneys holding a license to practice law) before the specific tribunal. *********** 13.

Procedure for complaint against an Advocate.

Ans. Any person/client is entitled to make a complaint against the advocate concerned to the concerned Bar Council/Association where the advocate concerned is enrolled showing the specific grievance against/allegations against the said advocate. However, a complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure. Further, the complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language. In those cases where the complaint is in Hindi or in any other regional language, the State Bar Council shall translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of India as per the Advocates Act. Every complaint shall be accompanied by the fees prescribed in the Bar Council of India Rules. *************** 14.

Define Senior Advocate.

Ans.

Senior Advocates are designated as such by the Supreme Court of India or by any High Court. The Court can designate any advocate, with his consent, as Senior Advocate if in its opinion by virtue of his ability and standing at the Bar or special knowledge or experience in law, the said advocate is deserving of such distinction. A Senior Advocate is not entitled to appear without an Advocate-onRecord in the Supreme Court or without a junior in any other court or tribunal in India. He is also not entitled to accept instructions to draw pleadings or affidavits, advise on evidence or do any drafting work of an analogous kind in any court or tribunal in India or undertake conveyancing work of any kind whatsoever, but this prohibition shall not extend to settling any such matter as aforesaid in consultation with a junior. *************

15.

Define Advocate.

Ans.

According to Section 2(1)(a) of the Advocates Act, “Advocate” means an advocate entered in any roll under the provisions of this Act. *********

16.

Can the State be liable for contempt of court.

Ans.

State is not immune from the contempt liability. In a recent case titled T.N. Godavarman Thirumulpad Vs. Ashok Khot, AIR 1998 SC 1344, it has been held that contempt proceedings are personal and punitive but that does not mean finding of contempt cannot be made against Government official. Willful disobedience of an injunction or order passed against the State or Corporate Body by its officer-in-charge responsible for its implementation also incurs liability for contempt. In this way an officer of the Government will be liable for contempt of court subject to two riders namely – (a) it should be proved that he was in charge of the subject matter to which the injunction or order alleged to have been disobeyed relates and (b) that he had knowledge of the order. *********