Q1.

Contempt Of Court :-

Civil and Criminal

What is contempt of court ?

Article 129 declares that the supreme court as a “Court of record” and that it shall have all the
powers of a court of record including the power to punish for its contempt of itself.

Further Article 142(2) empowers the Supreme Court to investigate and punish for any contempt
of itself i.e. contempt of Supreme court of itself.

Similarly, Article 215 declares High courts as a “Court of record” and that it shall have all the
powers of such a court including the powers to punish for contempt for itself.

Power to punish for contempt of both the High court and the Supreme Court has been given by
the Constitution as well as by Contempt of Courts Act, 1971.

Contempt of Courts Act, 1971 does not define what is contempt, it simply explains the types of
contempt: Civil contempt and Criminal contempt.

Importance of contempt of court.

Contempt in law means being disobedient to a court of law or towards it ruling. The recognition
of contempt of court and to punish for contempt is essential for a nation such as India which is
based on the concept of rule of law, which requires supremacy of law, since the judiciary is
considered, as the last bastion of hope and justice for the citizens of any nation.

According to the Supreme court bar association v. Union of India (1995), The object of
punishment is both curative and corrective and these coercions are meant to assist an individual
complainant to enforce his remedy and there is also an element of public policy for punishing
civil contempt since the administration of justice would be undermined if the order of any court
of law is to be disregarded with impunity.

Kinds of contempt of court.

The Contempt of courts Act, 1971 (hereinafter “1971 Act”) regulates the contempt of court and
provides for 2 types of contempt.

Civil contempt [Section 2(b)] -

According to section 2(b), civil contempt means wilful disobedience of any judgement or a
decree of a court or a wilful breach of any undertaking given to a court.

The definition of civil contempt is simple enough for a reasonable man with ordinary prudence
to conclude as to what action will constitute civil contempt. Determination of civil contempt is
objective and is not based on the subjective understanding of anyone. If there is a judicial order
and if such order has been wilfully disobeyed then that fact of disobedience will constitute civil
contempt.

Criminal contempt [Section 2(c)] -

Section 2(c) defined criminal contempt as the publication of any matter which either Scandalises
or lowers the authority of the court, or that such matter interferes or prejudices any judicial
proceeding, Interferes or obstructs the administration of justice in any manner. Further, an act or
publication will constitute contempt if it even tends to scandalize the authority of the court or it
tends to interfere with any judicial proceeding or administration of justice.

The expression “scandalizes the authority of court” depends to a great degree on the discretion of
the judge as no law in India has defined what constitutes scandalizing the court. Proceeding for
criminal contempt has been initiated against citizens even for criticizing the Judges of Supreme
court and high courts.

Dicey writes in his Law of the Constitution “wherever there is discretion there is room for
arbitrariness”.

Punishment for contempt of court.

Article 129 and 215 empower the Supreme court and the High courts to punish its contempt.

Accordingly, Section 12 of the Contempt of Courts Act, 1971 provides for punishment for
contempt of court. It incorporates the type and extent of punishment which the courts can give
for contempt.

According to section 12 contempt may be punished either by simple imprisonment of 6 months

or a fine of Rs. 2000 or both. The further section makes it clear that the punishment for contempt
cannot exceed the 6-month imprisonment and fine of Rs 2000. Thus this is the maximum
punishment which the courts can give for contempt.

Further section 12 also states that imprisonment should only be imposed if it is necessary to do in
the interest of justice. In Smt. Pushpaben and another vs. Narandas V. Badiani and another3 the
supreme court said that the Contempt of Courts Act, 1971 confers special power on the court to
impose imprisonment and the court must give a special reason with a proper application of mind
while giving a sentence of imprisonment. It further said that the Sentence of a fine is the rule
while imprisonment is an exception.

In the Supreme Court bar association v. Union of India said that for imposing imprisonment, the
contempt has to be serious enough and that it must consider the likelihood of interference with
the administration of justice. Culpability of the offender and that the intention for the act of
contempt is a crucial factor while considering imprisonment as punishment for contempt.
Further according to section 10 of the Contempt of Courts Act, 1971, the High courts have the
jurisdiction and authority to punish for the contempt of courts subordinate to it as well.

Defenses Available

Defences available to an advocate are given under section 3 to 8 of Contempt of Courts Act,
1971.

According to Section 3 of the Contempt of Courts Act, 1971 innocent publication and
distribution of matter is not contempt. It says that a person is not guilty of contempt for
publication of any matters which interferes or may interfere with the administration of justice if
such person was not aware that the matter was pending before the court.

Further, it says that any matter published relating to a civil or criminal proceeding will not
constitute contempt if such proceeding is not pending before the court.

Knowledge about the pendency is an essential pre-condition for holding a person guilty of
contempt.

Under Section 4 a person is not guilty of contempt for “fair and accurate report of a judicial
proceeding”. This is crucial since every citizen has a right to know about a judicial proceeding to
the extent that it does not invade the privacy of any party related to the proceeding.

The judicial proceeding for the purpose of section 4 means day to day proceeding of the court.
Purpose of this section can be said to be the basic principle of any legal system that justice
should be administered in public.

Under Section 5, fair criticism on the merits of any case that has been finally adjudicated does
not constitute contempt. Fair criticism can be said to be criticism which does not have any
malicious intent or done without any reasonable justification.

Under Section 6 any statement made in good faith concerning a presiding officer will not make a
person guilty of contempt.

Under Section 7 fair and accurate reporting of a proceeding of a court “in chambers or in the
camera” is not contempt except when the publication of publication is prohibited by a specific
law or when the court on grounds of public policy specially prohibits the publication of a
proceeding or if court prohibits publication on the ground of “public order” or “the security of
the State” or when the information relates to a secret process, discovery or invention which is an
issue in the proceedings.

Further Section 8 says that any other bona fide and valid defences cannot be held to be invalid
just because such defences are not available merely because of the provisions of Contempt of
Court Act, 1971.
Q Do lawyers have the right to go on strikes ? Explain using relevant case laws.

Lawyers’ right to go on strike is a multifaceted issue that intertwines legal principles,

professional ethics, and the functioning of the judicial system. Let’s explore this topic in detail,
drawing insights from relevant case laws and ethical considerations.

1. Fundamental Right to Strike:

○ The Indian Constitution recognizes the right to strike as a Fundamental Right
under Article 19(1)©. This provision grants freedom to form associations or
unions, which includes advocates1.
○ Advocates, as individuals who assist people in seeking justice, also exercise this
right. However, the question of whether advocates should go on strike remains
contentious.
2. Professional Ethics and Advocates:
○ Advocates are bound by professional ethics and etiquettes. Their role is crucial in
maintaining the integrity of the judicial system.
○ Going on strike can have serious implications for the justice delivery system and
the public.
3. Ex-Capt. Harish Uppal v. Union of India:
○ This landmark judgment sheds light on the issue of advocates’ right to strike1.
○ Facts: Captain Harish Uppal, an advocate, was barred from entering the Supreme
Court premises due to his participation in a strike.
○ Court’s Ruling:
■ The Supreme Court emphasized that advocates have no right to strike.
Going on strike is considered illegal, unethical, and unprofessional.
■ If an advocate abstains from appearing in court due to a strike, it
constitutes:
■ Professional misconduct
■ Breach of contract
■ Breach of trust
■ Breach of professional duty2.
4. Role of Bar Associations and Bench:
○ Both the Bar (advocates) and the Bench (judiciary) share responsibilities.
○ While advocates have a duty to be courteous, the court must also listen to their
concerns.
○ Conflicts between the Bar and the Bench often result in justice seekers suffering1.
5. Why Advocates Call for Strikes:
○ Advocates may call for strikes to highlight issues such as inadequate
infrastructure, delays in justice, or policy changes.
○ However, striking should not compromise the functioning of the legal system.
6. Ethical Alternatives:
○ Instead of strikes, advocates can:
■ Raise their concerns: Advocates can express dissatisfaction through
appropriate channels without disrupting court proceedings.
■ Engage with media: Advocates can use interviews or press releases to
address issues.
 ■ Legal activism: Advocates can participate in legal activism to bring about
positive changes.
7. Conclusion:
○ While advocates have the right to form associations, going on strike is not
ethically viable.
○ Advocates play a critical role in the justice system, and their actions should align
with professional standards34.

In summary, striking by advocates is a complex matter that requires balancing individual rights,
professional duties, and the larger goal of ensuring justice for all. The Ex-Capt. Harish Uppal
case serves as a reminder of the ethical responsibilities borne by legal professionals.

Q8 Need for Lawyers to maintain Accounts

A business enterprise must keep a systematic record of its daily transaction. It is a legal duty. It
helps to know where its stand and adjudge its performance. This systematic recording of
transactions is known as accounting. Since legal profession is a trade, lawyers are under duty to
maintain systematic accounts relating to the profession.

The basic purpose of accounting is to present a complete financial picture of the Advocates
profession. This can be done with the help of two financial statements like (i) Profit and loss
account and (ii) Balance sheet showing the assests and liabilities.

It is necessary to maintain proper accounts to calculate the following (i) Annual Income (ii)
Income Tax (iii) ProfessionalTax (iv) Amount due to the client or amount due by the client.

1. To calculate the annual income : To calculate the annual income of the Advocate from the
legal profession, it is necessary to maintain proper accounts of his income from the profession.
Maintaining this account is useful for Advocates also. By knowing his Annual Income , he can
take steps to improve his profession.

2. To Calculate income Tax : Advocates are liable to Pay Income tax for the income derived from
the profession. In order to calculate the amount payable as income tax, he has to maintain proper
accounts relating to his income and expenditure. To calculate the taxable income he is entitled to
deduct certain expenditure like rent, salary, telephone bill and other administrative expenditure.
For this purpose also he has to maintain proper accounts.

3. To calculate professional tax: Every six months the advocates are liable to pay professional tax
to the Government. The amount of professional tax varies depending on the income. In order to
calculate the amount of professional tax he has to maintain the proper accounts.

4. To Ascertain the amount due from the client or due to the client: The account relating to the
amount received from the client and the amount received on behalf of the client from others or
from the court should be properly maintained. Then only the amount due from the client can be
calculated. This will help not only the client but also the Advocate.
PLACE OF KEEPING THE ACCOUNTS BOOKS.

The accounts books and documents relating to the accounts should be kept and maintained by the
advocate,

(i) At his office.

(ii) Where he is carrying on the profession more than one office, then at his head office. But
accounts can also be maintained separately for each branch at the respective branch office.
Penalty for not keeping Account Books: A Lawyer who is legally liable to maintain account
books, fails to maintain it or fails to retain it for the prescribed period (cash book and ledger-16
years, other books-8 years) is liable to pay penalty ranging from Rs.2000/- to 1,00,000/- (S.271
A ).

The Need to maintain accounts -

Lawyers, as professionals, are bound by ethical obligations that extend beyond their legal
expertise. One such crucial aspect is maintaining accounts. Let’s delve into why this is
essential:

1. Professionalism and Accountability:

○ Professional ethics guide lawyers in their conduct towards themselves, clients,
opponents, and the court.
○ Maintaining accounts ensures transparency, accountability, and adherence to
ethical standards.
○ Lawyers must uphold the dignity of the legal profession and foster a cooperative
relationship between the Bench and Bar.
2. Legal Obligations:
○ Advocates Act, 1961 empowers the Bar Council of India to prescribe standards
of professional conduct and decorum for lawyers.
○ These rules, once approved by the Chief Justice of India, govern an advocate’s
behavior.
○ Lawyers are obligated to maintain accounts as part of their professional duties.
3. Reasons for Accounting:
○ Trade Nature: Legal practice involves financial transactions. Lawyers handle
client funds, fees, and expenses.
○ Financial Picture: Accounting provides a complete financial snapshot of an
advocate’s practice.
○ Compliance: Lawyers need to comply with accounting norms set by the Bar
Council.
○ Welfare Fund: Understanding accounting helps lawyers manage welfare funds.
○ Own Accounts: Lawyers should know how to prepare their own financial
records12.

📚💼
In summary, maintaining accounts is not just a legal requirement; it’s a fundamental aspect of
maintaining the honor, dignity, and integrity of the legal profession.
Q. “In Re Vinay Chandra Mishra”

Certainly! The case of “In Re Vinay Chandra Mishra” pertains to a criminal contempt of
court committed by an advocate named Vinay Chandra Mishra. Let me provide you with a
summary of the key details:

1. Background:
○ On 10th March 1994, Justice S.K. Keshote of the Allahabad High Court wrote a
letter to the Acting Chief Justice, narrating an incident involving Vinay Chandra
Mishra’s misbehavior in court.
○ Mishra had appeared in a case related to M/s. Bansal Forgings Ltd., which had
defaulted on loan payments to the U.P. Financial Corporation.
○ During the proceedings, Mishra used insulting, disrespectful, and threatening
language towards Justice Keshote, creating a scene in court.
2. Contempt Proceedings:
○ On 15th April 1994, the Supreme Court found a prima facie case of criminal
contempt against Vinay Chandra Mishra.
○ The Court issued a notice to Mishra to show cause why contempt proceedings
should not be initiated against him.
3. Verdict and Punishment:
○ In the case of “In Re Vinay Chandra Mishra”, the Court held Mishra guilty of
interfering with and obstructing the course of justice by his behavior.
○ Mishra was sentenced to undergo simple imprisonment for six years and was
suspended from practicing as an advocate for three years.
○ The Court emphasized that maintaining the dignity of the judiciary was crucial for
the institution as a whole.

This case underscores the importance of respecting the court and upholding the integrity of the
legal system. Contempt jurisdiction exists to safeguard the authority of the courts and ensure
justice prevails1234.

PART B

1. Short note on Double Entry System

Let’s delve into the double-entry system from the perspective of professional ethics:

1. Double-Entry System:
○ The double-entry system is a fundamental concept in accounting.
○ It ensures that every financial transaction is recorded in at least two accounts.
○ Each transaction has equal and opposite effects on these accounts.
○ The system maintains the equation: Assets = Liabilities + Equity.
2. How It Works:
 ○ When a transaction occurs, it is classified as either a debit item or a credit item.
○ A debit entry in one account corresponds to a credit entry in another account.
○ The total of all debit accounts must equal the total of credit accounts.
○ This method results in accurate financial statements and helps detect errors
promptly.
3. Types of Accounts:
○ The double-entry system classifies transactions into various accounts:
■ Assets: Represent what the company owns.
■ Liabilities: Indicate the company’s obligations.
■ Equity: Reflects the owner’s interest.
■ Gains: Result from profitable activities.
■ Losses: Arise from unfavorable events.
■ Expenses: Include costs incurred.
■ Revenues: Represent income earned.
4. Debits and Credits:
○ Debits and credits are essential in this system.
○ When posting an entry:
■ Debit entries go on the left side of the account ledger.
■ Credit entries go on the right side.
○ The total of debits must equal the total of credits.
5. Professional Ethics Implications:
○ Accuracy: The double-entry system ensures accurate financial records.
○ Transparency: It promotes transparency by recording both sides of each
transaction.
○ Auditing: Auditors rely on this system to verify financial statements.
○ Ethical Responsibility: Accountants must adhere to ethical standards while
maintaining financial records.

📊💼
Remember, the double-entry system is not only a technical accounting practice but also a
cornerstone of ethical financial reporting! 123
.

2. ⁠Write Short note on DC Appeal No. 16/1983

Certainly! Let’s delve into DC Appeal No. 16/1983, which is a significant case related to
professional ethics:

1. Case Background:
○ The appeal was filed under Section 38 of the Advocates Act, 1961.
○ The appellant (an advocate) challenged the order of the Disciplinary Committee
of the Bar Council of India dated 24th June 1983.
2. Suspension from Practice:
○ The appellant was found guilty of professional misconduct.
○ The specific charges included failure to render accounts and misappropriation
of client’s money.
 ○ As a consequence, the Disciplinary Committee suspended the appellant from
practice for a period of six months.
3. Significance:
○ This case highlights the importance of ethical conduct in the legal profession.
○ It emphasizes the duty of advocates to maintain integrity, transparency, and
trust with clients.
○ The suspension serves as a reminder that breach of professional ethics can have
serious consequences.

📜👩‍⚖️
In summary, DC Appeal No. 16/1983 underscores the need for advocates to uphold ethical
standards and act in the best interests of their clients. 12
.