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Paper 13 PROFESSIONAL ETHICS AND PROFESSIONAL

ACCOUNTING SYSTEM (Clinical-I)

Unit I Advocates Act, 1961

Historical background and evolution of the Act.; Persons who may be admitted as

advocate on a State Roll; Disqualification for enrolment; Removal of names from the Roll;

Rights and Priviledges of Advocates; Senior Advocate and other Advocates; Conduct of

Advocates.

Unit II (a) State Bar Council

Establishment and Organisation; Powers and Functions.

(b) Bar Council of India

(i) Organisation, Powers and Functions;

(ii) Admission of Advocate; (iii) Appoinment of Committee and Staff Members;

(iv) Maintenance of Accounts, (v) Rule Making Power, (vi) Power to punish for

Professional or other misconducts.

Unit III Ethics of Legal Profession

(1) Meaning, Nature and need.

(2) Professional Ethics- Duty to the Court; Duty to the Client; Duty to the Opponent,

Duty to the Colleagues, other Duties.

(3) Punishment for the Breach.

(4) Accountancy for Lawyers- Purpose of keeping accounts- important aspects relating

to accountancy, Legal requirements for maintaining books of accounts, Accounts of

Professionals.

Unit IV Contempt of Courts Act, 1971; Bar- Bench Relations; Co-Operative Interaction

between Lawyers and Judges;

Unit V 10 Major Judgements of the Supreme Court

1. M. Veerabhadra Rao V Tek Chand(1984), Supp. SCC 571.

2. Raman Services Pvt.Ltd. V. Subhas Kapoor(2001)2 SCC 365.

3. Harish Chandra Tiwari V. Baiju AIR 2002 SC 548.

4. Rajendra Pai V. Alex Fernande(2002) 4 SCC 212..

5. Vikas Deshpande V. BCI (2003) 1 SCC 384.

6. BCI V. High Court of Kerala (2004) 6 SCC 311.

7. Arundhati Roy in re(Contemner)( 2002) 3 SCC 343.

8. Ex. Capt. Harish Uppal V. Union of India (2003) 2 SCC 45.

9. Radha Mohan Lal V. Rajasthan High Court (2003) 3 SCC 42.

10. R.D. Saxena V. Balaram Prasad Sharma AIR 2000 SC 2912.

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Unit VI Viva- Voce

Note: (i) Semester Examination - 60 Marks

(ii) Case study(Jail visit / Remand Home visit / Police Station visit, etc) - 10 Marks.

(iii) High Court visit and record of proceeding - 10 Marks.

(iii) Periodical Legal Problem solution / Socio- Legal Project. - 10 Marks.

(iv) Viva - Voce - 10 Marks.

Books Recommended:

1. S.P.Gupta : Professional Ethics,Accountancy for Lawyers,Bench-Bar Relations.

2. Kailash Raj : Professional Ethics,Accountancy for Lawyers,Bench-Bar Relations.

3. NABHIS’ Publications : Business and Professional Accounts.

4. Dr. A.N. Chaturvedi : Principles and Forms of Pleading and Conveyancing with Advocacy

and Professional Ethics.

5. Advocacy by Krishnamurthy Iyer

6 Relevant Statutes.

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PAPER 21 ALTERNATE DISPUTE RESOLUTION SYSTEMS (ADRS)

(CLINICAL - II)

UNIT I Introduction to ADRS

Nature and concept of ADRS, ADRS in India, ADRS Vs Traditional Justice delivery

system, Need and Advantages of ADRS.

Unit II Special Proceeding

Justice Malimath Committee Report, Settlement of Disputes outside the Court,

Arbitration, Conciliation, Judicial settlement through Lok Adalat, Mediation.

Unit III Negotiation skills and Client counselling.

Unit IV Conciliation skills and Writing of Case Comments.

Unit V Arbitration Law and Practice including International Arbitration and Arbitration Rules.

Unit VI Viva- Voce.

Note: (a) Semester Examination shall carry 60 marks.

(b) Viva- Voce carries10 marks;

(c) Each student will be required to observe Two(2) Client Counselling at the Lawyer’s

Office / Legal Aid Office and Record the proceedings in a Diary for 10 marks;

(d) A student will also be required to attend One(1) Lok Adalat proceedings and

one (1)Arbitration proceedings and will maintain records of the same in a Diary

separately for 5 marks each;

(e) Each student will also be assigned to write Case Comments on at least Two(2)

leading Supreme Court Judgements for 10 marks.

Statutes Recommended.

1. Code of Civil Procedure, 1908.

2. Legal Services Authority Act, 1987.

3. Arbitration and Concilaition Act, 1996.

4. Family Courts Act, 1984.

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PAPER 29 DRAFTING,PLEADING AND CONVEYANCING

(Clinical - III)

Unit I Drafting

General Principles of Drafting, Meaning and object of Pleading,Civil and Criminal

Pleading, Rules of Pleading in India, Alternative and inconsistent pleading,Frame of suits

and its essentials, Other relevant sunstantive Rules.

Unit II Pleadings

(a) Civil:Plaint,Written Statement,Interlocutory Application,Original Petition, Affidavit,

Execution Petition, Petitions under Articles 226 & 32 of the Indian Constitution

including PIL petition.,Memorandum of Appeal and Revision.

(b) Criminal:Complaints,Criminal Miscellaneous Petition,Bail Application,

Memorandum of Appeal and Revision.

Unit III Conveyancing

Meaning and essentials of Conveyancing.

Sale Deed, Mortgage Deed,Lease Deed,Gift Deed,Promissory Note,

Power of Attorney,Will, Trust Deed..

Unit IV Viva-Voce

Note: 15 Practical Exercises in Drafting 15X3= 45 marks.

15 Exercises in Conveyancing 15X3= 45 Mark.

Viva - Voce 10 Marks.

Total = 100 marks.

Books recommended:

1. C.R. Datta & M.N.Das : Desouza’s Forms & Precedents of Conveyancing, Eastern Law

House (1999), New Delhi.

2. A.K.Banerjee &s.K.Awasthi : Guide to Drafting(1997),Ashoka Law House,New Delhi.

3. R.Dayal : The Law of Pleadings in India, Allahabad.

4. A.N.Chatturvedi : Pleading,Conveyancing, Drafting and Legal Professional Ethics,

Allahabad.

5. R.D.Srivastava : The Law of Pleading,Drafting and Conveyancing(Revised by

G.Mishra),Allahabad,1991.

6. Shiva Gopal : Conveyancing Procedents and Forms,1995.

7. P.C.Moghe : Law of Pleadings in India,1994.

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PAPER 35 MOOT COURT, PRE-TRIAL PREPARATIONS AND

TRIAL OBSERVATION AND INTERNSHIP

(Clinical -IV )

This Paper will have three components of 30 marks each and a viva-voce for 10 marks.

1 Moot Court(30 marks):Every student will do at least three moot courts in a year with 10 marks

each. The moot court will be on the assigned problems and it will be evaluated for 5 marks each

for written submission and 5 marks each for oral advocacy.

2 Observance of trials in two cases,one civil and one criminal (30 marks):The students will

attend two trials in the Third year LL.B.course,one civil and one criminal.They will maintain

records and enter the various steps observed during their attendance on different days in the court

assigned.The criminal and civil cases will carry 15 marks each.

3 Interviewing techniques and pre-trial preparations and internship diary(30 marks).Each student

will observe two interviewing sessions of clients at the lawyer’s office / legal aid office and

record the proceedings in a diary which will carry 15 marks(7& 1/2 marks each).Each student

will further observe the preparation of documents and court papers by the advocate and the

procedure for the filing of the suit/petition.This will be recorded in the diary which will carry 15

marks (7&1/2 marks each).

4 The fourth component of this paper will be viva-voce examination on all the above three aspects.This

will carry 10 marks.

Note: The written assignments, diaries and observations(records) pertaining to the aforesaid

components of the paper shall have to be submitted to the college prior to the examination. The

assignments shall be evaluated internally.