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Professional Ethics & BCI Rules

46 questions from 16 papers

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AIBE XIII Q.4 Walkthrough

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 IS, Advocates Act, 1961
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AIBE XIII Q.5 Walkthrough

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
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AIBE XIV Q.22 Walkthrough

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
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AIBE XIV Q.52 Walkthrough

Which of the following can be done by a Senior Advocate its accordance with the Rules of Bar Council of India:

a. Make concessions on behalf of client on instructions from junior advocate.
b. Accept instructions to draft a pleading’
c. Accept brief directly from a client
d. None of the above
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AIBE XIV Q.80 Walkthrough

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 money received by him from Client:

a. Rule 25
b. Rule 33
c. Rule 24
d. None of the above
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AIBE XV Q.77 Walkthrough

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
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AIBE XV Q.78 Walkthrough

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
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AIBE XV Q.94 Walkthrough

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
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AIBE XV Q.95 Walkthrough

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 (vi) Fellowship
b. (i) Honesty (ii) Courage (iii) Industry (iv) Wit (v) Eloquence (vi) Judgment and (vi) Fellowship
c. (i) influence (ii) Courage (iii) Industry (iv) Wit (v) Eloquence, (vi) Judgment and (vi) Fellowship
d. (i) Honesty (ii) Courage (iii) Industry (iv) seriousness (v) Eloquence, (vi) Judgment and (vi) Fellowship
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AIBE XVI Q.8 Walkthrough

Advocate’s act 1961 came into force on:

a. 19th May, 1961
b. 19th April, 1961
c. 1st May, 1961
d. 19th January, 1961
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AIBE XVI Q.43 Walkthrough

Punishment of advocates for misconduct has been given under section of the Advocate’s Act, 1961-

a. 30
b. 32
c. 35
d. None
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AIBE XVI Q.47 Walkthrough

An advocate is under an obligation to uphold the rule of law and ensure that the public justice system is enabled to function at its full potential. Any violation of the principle of professional ethic by an advocate is unfortunate and unacceptable. Ignoring even a minor violation misconduct militates against the fundamental foundation of the public justice system. It was said in-

a. Hikmant Ali Khan v. Ishwar Prasad Arya, 19973 SCC 131
b. O.P. Sharma v. High Court of Punjab & Haryana, (2011) 6 SCC 86
c. L.D. Jaikwal v. State of Uttar Pradesh, (1984) 3 SCC 405
d. Shamsher Singh Bedi v. High Court of Punjab & Haryana, (1996)7 SCC 99.
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AIBE XVI Q.88 Walkthrough

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

a. 15
b. 20
c. 25
d. None
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AIBE XVII Q.66 Walkthrough

Rules made by Bar Council of India in exercising its rule making power under____.

a. The Advocates Act, 1951
b. The Advocates Act, 1954 .
c. The Advocates Act, 1961
d. The Advocates Act, 1964
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AIBE XVII Q.67 Walkthrough

An advocate may, while practising, 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 teaching of Law do not exceed hours in a day.

a. 5
b. 3
c. 2
d. 4
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AIBE XVII Q.68 Walkthrough

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
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AIBE XVII Q.69 Walkthrough

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
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AIBE XVIII Q.90 Walkthrough

What penalty is prescribed for persons illegally practising in courts under the Advocates Act, 1961?

a. Imprisonment upto 3 months
b. Imprisonment upto 6 months
c. Imprisonment upto 9 months
d. Imprisonment upto 12 months
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AIBE XVIII Q.91 Walkthrough

Which provision of the Advocates Act, 1961 empowers the Bar Council of India to prescribe the standard of professional conduct and etiquette?

a. Section 42
b. Section 42A
c. Section 48A
d. Section 49
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AIBE XVIII Q.92 Walkthrough

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
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AIBE XVIII Q.93 Walkthrough

Which authority acts as appellate authority against the order of the disciplinary committee of the Bar Council of India?

a. Chairman of BCI
b. Vice-chairman of BCI
c. High Courts
d. Supreme Court of India
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AIBE XIX Q.66 Walkthrough

What does "conflict of interest" refer to in professional ethics?

a. A situation involving legal disputes
b. A situation where two professionals disagree
c. A conflict between ethics and laws
d. A situation where personal interests conflict with professional duties
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AIBE XIX Q.67 Walkthrough

Advocate Mr. X was representing a client, Mr. Y, in a property dispute case. During proceedings, Advocate X accepted a bribe from the opposing party to delay the case, causing harm to Mr. Y's interests. Mr. X also failed to inform his client about critical hearing dates. Select the correct option.

a. It is a violation of Rules made by the Bar Council of India for professional ethics
b. It is only an offence under the Prevention of Corruption Act, 2018
c. It amounts to criminal conspiracy under the BNS, 2023
d. It amounts to Contempt of Court under the Contempt of Courts Act, 1971
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AIBE XIX Q.68 Walkthrough

The nature of proceedings in the cases of professional misconduct is:

a. Both (1) and (4)
b. Only (2)
c. Only (3)
d. (1), (3) and (4)
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AIBE XIX Q.69 Walkthrough

Which of the following is/are not procedural safeguards? (1) Act in a fraudulent manner (2) Providing peer-review of valuation, if necessary (3) Non-Disclosure of any prior association with the client (4) Non-Disclosure of any possible source of conflict of interest

a. (3) and (4)
b. Only (2)
c. Only (4)
d. (2) and (4)
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AIBE IV Q.39 Walkthrough

When was the Advocates Act introduced?

a. 1962
b. 1959
c. 1961
d. 1966
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AIBE IV Q.40 Walkthrough

The Bar Council of India consists of following as an ex-officio member

a. Attorney-General of India
b. Solicitor-General of India
c. Both (A) & (B)
d. None of the above
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AIBE IV Q.42 Walkthrough

Power of Disciplinary Committee under the Advocates Act is provided under;

a. Section 42
b. Section 53
c. Section 40
d. Section 36
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AIBE VI Q.71 Walkthrough

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 v. Balram Prasad Sharma
b. V .C. Rangadurai v. D. Gopalan
c. Emperor v. Dadu Ram
d. G . Naranswamy v. ChalIapalIi
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AIBE VI Q.72 Walkthrough

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
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AIBE VII Q.74 Walkthrough

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
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AIBE VII Q.90 Walkthrough

Accountability of medical professional and the need for qualitative change in the attitude of the medical service provided by the hospitals was emphasized by the Supreme Court in which of the following cases

a. Bhatia International v. Bulk Trading S.A.
b. Indian Medical Association v. V .P . Shaniha and Ors.
c. Maneka Gandhi v. Union of India
d. Lucknow Development Authorihj v. M.K. Gupta
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AIBE VIII Q.42 Walkthrough

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-Caps Harish Uppal v. Union of India
c. Hikmat Ali Khan v. Ishwar Prasad Arya and Ors.
d. None of the above
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AIBE VIII Q.43 Walkthrough

“Misconduct” would cover any activity or conduct which his professional brethren of good repute and competency would reasonably regard as disgraceful or dishonourable. It may be noted that the scope of “misconduct” is not restricted by technical interpretations of rules of conduct. This was proven conclusively in the case of

a. Noratanmal Chourasia v. M.R. Murali
b. Bar Council of Maharashtra v. M. V. Dahbolkar
c. In N.G . Dastane v. Shrikant S. Shinde
d. B.M. Verma v. Uttarakhand Regulatony Commission
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AIBE VIII Q.61 Walkthrough

Pick out the case that is popularly called as the Solicitor’s Case.

a. Ahmedabad Textile Industry’s Research Association v. State of Bombay
b. National Union of Commercial Employees v. Industrial Tribunal, Bombay
c. Salem Advocates Bar Association v. Union of India
d. Central Machine Tools Institute v. Dy. Registrar of Trade Unions
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AIBE IX Q.43 Walkthrough

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
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AIBE IX Q.87 Walkthrough

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. 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 India
d. Legal Committee v. Bar Council of India
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AIBE X Q.72 Walkthrough

In which case did the Supreme Court hold that ‘misconduct envisages breach of discipline’-

a. P .D. Gupta v. Ram Murti
b. Noratanmal Chouraria v. M.R. Murli
c. P J Ratnam v. D. Kanikaram
d. None of the above
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AIBE XI Q.35 Walkthrough

The case Krishna Gopal v. State of M.P . relates to:

a. Water pollution
b. Air and water pollution
c. Noise and air pollution
d. Water and noise pollution
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AIBE XI Q.36 Walkthrough

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
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AIBE XI Q.38 Walkthrough

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
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AIBE XI Q.93 Walkthrough

Which is not a public record as per the provisions of Indian Evidence Act:

a. Documents forming the acts or records of the sovereign authority
b. Documents forming the acts or records of official bodies, tribunals
c. Documents and correspondence from advocate and Notary office
d. Documents and circulars from University of Delhi
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AIBE XII Q.10 Walkthrough

Which is the correct 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 irn proper means
c. An advocate abusing the process of the court is guilty and misconduct
d. All of the above
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AIBE XII Q.38 Walkthrough

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
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AIBE XII Q.82 Walkthrough

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
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AIBE XX Q.73 Walkthrough

Which Section of the Advocates Act, 1961 provides for the disciplinary powers of the Bar Council of India ?

a. Section 35
b. Section 36
c. Section 37
d. Section 38
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