IME LAW COLLEGE, SAHIBABAD,GZB AFFILIATED TO CCS UNIVERSITY, MEERUT(U.P.) PRACTICAL FILE MOOT COURT, PRE TRIAL PREPARATIONS AND PARTICIPATION IN TRIAL PROCEEDINGS Subject Code- BL-905 [Link].B(5YRS)9" SEMESTER SESSION: 2016-2021 NAME OF STUDENT: MRINALINI FATHER’S NAME: SANJAY KUMAR MISHRA ENROLMENT NO: M16130722 EXAMINATION ROLL NO.: 16854861 3 PERMANENT ADDRESS: [Link]. 321, PLOT NO. C-348, GAUR ENCLAVE 2, SHALIMAR GARDEN EXTN.2, SAHIBABAD, GHAZIABAD, U.P., PIN CODE- 201005 FACULTY NAME & SIGNATURE:ES ee 7 e@ @ ACKNOWLEDGEMENT “Success in any endeavour calls for co-operation & guidance from my seniors and teachers. This was amply brought out to me while working with the project”. This above quotation amply brought out to me while working on this project. I wish to acknowledge my greatest thanks to all the faculty members of I.M.E. Law College for their guidance in making this project. | have derived inspiration from all those teachers who must be credited for their valuable efforts. I would like to express my gratitude to our guide “Ms. Anshika Aggrawal Ma’am”, and “Ms. Tanuja Tiwari Ma’am” and the entire faculty of “IME Law College” for the trust shown in meto be able to shoulder the responsibility or the magnitude further | would like to convey my heartfelt gratitude to them for sparing their valuable time for their friendly advice along with motivation to complete this project. MRINALINI [Link] (5™" YEAR) [Link]. 168548613INDEX PART-A:- DETAILS OF MOOT COURT 1) INTRODUCTION: 1-2 2) MEANING OF MOOT COURT: 3-4 3) DEFINITION: 5 4) HISTORY OF MOOT COURT: 6-7 5) IMPORTANCE OF MOOT COURT: 8-13 6) DIFFERENCE BETWEEN MOOT COURT & REAL COURT: 14-15 7) MANNER OF CONDUCTING MOOT COURT: 16-20 8) FACTORS OF SUCCESS OF MOOT COURT: 21-36 9) DUTIES OF AN ADVOCATE: 37-50 PART-B:- INTERVIEW 10) INTERVIEW TECHNIQUE: 51-60 11) INTERVIEW SESSION: 61-79 12) INTERVIEW SESSION 1: 61-64 13) INTERVIEW SESSION 2: 65-69 14) INTERVIEW SESSION 3: 70-73 15) INTERVIEW SESSION 4: 74-79 PART-C:- MOOT COURT PREPOSITION (CRIMINAL CASES) MOOT PROBLEM 1: 80-94 MOOT PROBLEM 2: 95-1054. ceenee ne ee nae ddd I] HIT] { t ‘ ‘ | ‘ ‘ f € f « Prerrrr r (CIVIL CASES) MOOT PROBLEM 3: 106-118 MOOT PROBLEM 4: 119-146 (CONSTITUTIONAL CASES) MOOT PROBLEM 5: 147-162 PART-D:- COURT ASSIGNMENT ART OF CROSS EXAMINATION: 163-169 ARGUMENTS: 170-173 CIVIL MATTER 1: 174-177 CIVIL MATTER 2: 178-180 CRIMINAL MATTER 1: 181-183 CRIMINAL MATTER 2: 184-186 CONCLUSION: 187 PART-E:- CONSTITUTIONAL REMEDIES REMEDIES: 188-190 PART-F:- CONTEMPT OF COURT CONTEMPT: 191-192PAT OT EIT PISS § FB EE J ff a a Se dddddddd:z ad $ecaege } PPMP PPPE NT TEPEET ELT) PART-A: Soe| EN VRODUCTION To MOoT COURT Mook Court %s basically oa replica of a veal Couck where Lego proceedings # trials take Place and hus th Xo also Frow w OS Mock Court where Students who are Studying \avs ack as proSessvonals ond Yoke Up all Whe vesponsibilites and duties | Ateordking to Met vole +o see thety abt iy to thhac creatvely ands answers Moot Courk ts ome such activity whtdh he\ps students of law 6 become ao good professionals Tn a Mook Couck, NyPportheltcal Cases are | ovequned usually aS avy academte exexcice | Sor students: | ° 9 7 | Moot Court Wolves simultaneous stmulated Proceedings before an ape ate Court, | | | oebthral ttbunal, or WtematfPonal dispute | eeneance Mites ©:vesalutton bod. Mook court does not tMmvolve actual testimony by witnesses Cross~ exam? nation, oF Nhe presentation of enidence , but vs Soursed solely ow the application, o§ the Lars 40 & Common set of evidentiary | assumptions, Gacks , clart{tattons, comecttons tsb which the Compertito es ave TWroduced: | Mook comb fs one of Me Fey, extra— | curdcular activities In many law schools. | | TL trcludes research written sulmicston, memortals and another with oval ae qumen ts.MEANING of Moot Courr ° 1s Mook -Couvt meany to oF garise atlHefal | Courk Sov the aro - students. a. Te Is a Kind of a devate on the specific Case dectded Wy the caurk ov spectfte Suloleck ov \osue ov an Imaginary case prepared Sox this purpose- |B. forRXpatfor Ww Moot Cowees develops Yracktcal sills. lu TA develops confidence tn the law - studeris which ts one oF tne most tmporkant Sactors for ne suceess fr legal profession S2 Tx provides the opportuntly +o Ye shadents te doragt plaink , prepare Wes: fe points of aorgurnents Paso to frame charges ele 6 TL also enatvles “the students 4p learn Bre avk of pewsuasfon: Te qWNerw they considence Ao speak Velore the people. | | by rakiteaking in the moot Courts, 2 he a -Students learn the manner of dealing ) wthyr the courte 1% Aw advomte %s aluaagys & pected to maintatn | Almes P cele “possession # a pleasant [Pearce ‘VW Aw advocates should netther arg ue shen he is not called uporr to Lue Noy Continue ris Orguments when the Sade is ww hte favour and te not anxfous to Weax move Som ims \or An advocate MowA vot loose balance of tempers 4 if Ane, Judges does not react OS Ne expecta.DEFINion OF Moot CoURT Ve Mook Courk 8s a coe curt cular activity at Many Laws school Fardipanes Xokes plate tw stimulated Courk ox axbttration proceeding , usualy Xnvelving dera$itag memorvtale £ memovanda and porkici pating in oral arrgume nts. a henerval Dediatton s- Mook Courk helps students 40 learn ts analyze legal Tssuess and teaches students the Prackt cal Sides of- practicing, aoe 3+ Ace te Merriam webster Moot Cousk t a “mock Court Nuh. law students argue hy pothebcal cases for practice” YW Acc to Duwhatme 3 Moot Courk ta trial on a Sicklonal ov hypothe tial tissue, Usually ‘hosted vy law Achools, as Aeatntng Sow Suture Yarrtsters or Viklo oh Ory,”WA\STORN OF Moot . —? Moot Courk was skarked fn Courks defined as a mock court where Wypothecal cases are tried jor the Pratning of lav students COURT 2- Bvtiaty £ Urs. The Sora vecerded veference toa moot Couste Wats An Ane Yyeour Ast, € moots were Common ak Whe Inns of lo Be WU Cention Englands Te 18% Centuny England Shere were uy | geeares Inns of Couck & \O uk && Chancery \essee Inns 5 Colles. He Teme of Chancery» Dn each as | Me oxeates “Frns here, Loere about | noo studenks > and \oo tw Nhe lesser Dons. Students earned snot only Lavo bur Nico, Scripture 5 muste ekce Several Hise vtoviab: pur he Inns ofourt | ag uniwerstites for We Study of law ore the | Same Sookings as Oxford Unive rsikes: _ £ Cambridge |Wwen formal legal ediccalon be yan te yeni Cente We late 9 Ceontutes ahh Practices So Nowe d weve Similay 4o Mose. of ye. Tans of Gust, wit, lecheaves, Way Progecnors GoMlowed vy moot Court Pxevctces. Wis Modifved & natch Sucte ™M tentinued MMR re case mmethad was hlvoduced | at Hax Navwd Law Scheel th \@to. Because students enfoy them > mack court fCompeditions ave sttll antable pase OF the laws school euretculum,.| TMPORVTANCE | EMFORTANCE | | OF | | Moor Coury | ~~ eo wr | As Mook Court helps tr the overall development of om WMdividual as a | Qoodk &. proStctent lawyer & pareticipating We Moot Court Com pettiion Wg ularly makes, a student Samilfar with the pro ceedings | nat takes place. generally % veal Coude TOOM Gs 1 Q. Te ts muct for all assoctated with he Study of law whether wank to be a lager | Leacher » (dye 5 legal, advisor ekca S Ik te an tportant part of the | personality development af the Students Peesuing inthe Slelds of Lasora a~adaaAdS AdDdDG4ABSE / J tthe PPCPrritricccere es oR dvantages of a Mook Courts we advantages of & Moot Cour arce as So\lousg ¢— ) NETWORKING & One of She important Features of mo oting, ts Anak tk helps US to connect Fsoctalie with so many people acyoss the lobe ool, wWhem we Caw Connect i the process of mooring. Te ges opportuntty 40 get the exposure tm the outside worlds (B) RESERReHING & WRITING SKILLS e- Paxdict patting fin Khe Moot Court compettlins. \y Helps us ww enhancing the. ‘eseareching s¥i\le Yecause te ts our veseacch on Mie basis of which we wlll ve Halting our case f& ‘ce presenting our sthe. & Te also \etps us iW Framing & 400d | moot touxk Memorial on Me basis | of whlch Se okver team would rate | objections # qwestions use ; |Se Tk helps We endranctng curv okie as | how ko adapt to prompt SMuattons £ | Now fo tackle cikuatfons - CBU LING Con Fidenice 2 Moog, helps an fndividual te butld Wits ConSdence Ir Comm unteacting & patting his Miew th Svonk of the peoples Fk helps o Person to wuld Wits confidence, to suck ane extent that he does not Sear to Question ov to speak Th $vont of anybody E tom Haht Cases esiectently: Wd) PRACTICAL HNOWLE DUE 3 SRACTICAL “ENOW Le DUE Mooktna helps tw giving Ane, Practical imblecadion £ knowledge 40 the Students who ave studying law tw Suth a way ushidy they wtll never Sind tr She books and would ve Unaware of 4 as practtat? | Yneorerical Knowledge are Uke tvo0o Afferent stdes of he same com fio pass the | ardle we need to study both of them akknough. Voth Look, Same beck ove totally } 4 -oPpostte Ge vealtty. (TE) TERM Worn Mook Couxsk tomperitons take place tn Yhe school or colleges Who organizes tt? Me VNowous Leams Srom At ffevent colleges Come, £ participate iM the event: | MWe keam Comprises oF 2 students Lotte | One. as the vesearcher & the other wo ay | Me Speakers presenting Ahety curquments on, etther sides Thic teaches to perform well when they acre, together ty as a team & analycee ehak ave dhety skvengthe & Weaknesses , | Vrouw can, they, Work with people who are Aiferenk from ust ie alse teaches hou to Lo- odtnate with each other. | (fF) ENHANCE MENT OF CARIES rect Court enhances the capacthy ofthe shidents- Through wnook Courts Students tan lear and enhance thefts Judgment | wetting atteAG) SW\LL PERSUADING t [a 7 Mook Couck partici patton devetops Suencey | And Clea enuncfatton , and also tues One. Experience. MW the ark of Persuasion, | and of parting a case sucetnetly and Re Uegtraly, Lawyers ave expected to be experts who Cam Counsel clients» The Law wers hove & Perswaston skill £ they an influence others accovdtnaly Jor Me venefit of the case. Peveuaston wine process Where Lacyers Convince Whe cltents to agree ov the Fact SRL persuading, Snvelves no of oMMer skills tncbading 2 \e Communtcattow & Emortonal intelligence 3 Acktve Ustening Ww Vogteal £ “eeaoning Sy Inte personal ails & Negoktattons Successful Lenpberkec implementation ofee Persuaston, okie rewire ime, energy & Pracktce- For eMfecktve kX UL Yersuaston — \e Focus on ruck | | 5 | A be aware, of your surroundings . | Be EMnd common, inte rvecke | UW Use Sack £ feelings. In moot Courk, a student fs Laugnt to use | OL Nnese yotuts wlile presevittng Mnety case.Au. | DEFERENCE BETWEEN Moot Court \ AND Couky of LAW \ * DiGGe rence between Moot Court | Real Courts MOoT CouRT Ve Moot Couvt 8s an ORS Ra Court ervaant sed Sor Nhe. Students: 12 Mook Courk does not exevetse the fudfecal Power of the State, BH Moot Courk prepares law students to practte In court: 4K Moot Coust is classtfted. trite 2 Parts Rees x Procedure - bared. # Rea aslaw- Based. |S. On Mook Court, the | Students have to argue } | ow the Law potits only. | \e The Rea Court decides | | | | | REAL. CooRT | Whe weal cases. | a The Real Court exercises the Suda | Powers of the state: } | B Real Courk exlalitthe | Slings Paseguments: 4 A Rea Court does — | mot nave such Kind | OF class ection. | | St Tn Real Coust, the filings arguments are, done ag Per Nhe lato P procedural —rulesedd ee ee ee 6+ Tn Moot Cou, there ts [6 Dre veal Courk, We Mo Sud pressure on Pressure, Bs Cases ave we. shudenss. beer, eapertenced log Xe lawyers: FMook Coust te an F Real Courk does nat ae $e Ral envionment! do any, Such things: Crtacbed. fore Wye. Trgack oft deals wlth | Delterment of students) Yef aclual scenario. | & ko educate theme | | [Be Mook Couxt fs uced | Bs Oviginal Court | to desertbe a | \Eetgackes Alsputes “Yuypothetical” court that ave. property, | usually tr am aradernt| Prsented vefore the | teturk Feongines fis | yaling Aceordiraly. Setting. | |YRMANNER OF CoNDUCTING Moot ¥% Moot Court mau be conducted one | organised tr several ways. | \* TA should provide opportunity to the. | Students to prepare £ present a legal | AvAUMente |¥ The students gain Knowledge ,as Sar as | posstble 5 of the Layering process. | |¥ the students should hove opporkuntly to | | AWAWe Khe, Pots of law before a Qyeoujp of persons. F Moot Court should We conducted Wr such | aA mannex as to develop Ye practeal ekrlt | oF Khe shude nts — °. ¢ a4 SWE Following RNAONCTES OS oegonising ee condutttng Wire Moot CoVURTS Oresy - oO. oe 6 —_—_—__ (> TMAGINARY LEGAL CASE \b) Decwwed case fe) MosT CoURT oN SPECIAC LEGAL suesect[ey Tmagtnory Leaal Coseg— | a |e Mne most important method | Me Moot Coursk Cosee of Conducting ts 4 Prepare an. Emagin ary ° | |P One group of the students Should be | O8staned tne Wok of *epresenting the | | oer side. | | | | | | | | | | ° The Case may be CTL Case ox oriminal Cases fe Im each Case the students should handle Nne Case as an advocate handles the case of his chtent+ e The student should be asked Lo Prepare the ylaint, 4 he presents the, Platart $5 and, the written Skoternent Wn case Ne WP YR seats the defendant oIm case of writ pettifon , thew showd be asked. to draft the Pelion themselves £ the skudents ‘representing the other side should we asked to counter dhe KQuments of Yre A+13 yettttones 50 Mot Wis pettiton -may vot be | Qhaoeds | OTn triminal cases the emphasis should be om she. soins, oF Complatnt 4 furisdiction # Powers Of the cximinal tourts, determination of We \egal Sasues Snvalved 5 cellection of | | materials an khe issues # Kral oveguernerit= (Bb) Decided Casey s— © One method of owanising or conducing Mhe Mook Courck ray be Nhe discussPon on a decided cases e Fox nis purpose & Case decided by Ye Cour Shoul& be selected ¢ a grap of adens should we assigned 49 Speak iv Sonows of Ane peimdyples \ath down Yn the cose Loner group should be asked. to Spear against Me satd principles. eEath stde Shoul& Sulit Me wat tten skakement £ should Counter re arguments oS Xe other fde stating the reasons. o Each sthe should WO BEY ~Lasonale Lime Yo colleck materals My favour of ths vie.a eee a a | | TO eS oWney can be able not only to $end out Mne ~ratto decidend? but deve a conckision aS to thy Covvectness & eects. o Tk wilt dertelop Ane capactty of the Sludemks do orque en a Legal potnt- (> Mook Courk on Specific Legal Subfects— oeoOCeteoO re? iano e eR specthte legal subject may be Selected & Me sludents may ve asked to colleck matertals 4 submett Ynety corttter arguments and speak ustthin the speck}ted Bme so ag to explain shety arguments: © Whe questions we may, be put Ae Mew by Jre shudents, keachers ekce present tn Mook Couvk+ othe students may be divided nto groups. e The Gkudents belonging te the same group may we asked to collect the marertals £ prepare ‘he arguments collectively, © Fen An such Condition , each student of the group Should ve asked to speak for somrentrne sae oe the woritten arqurnents ekce - eee eee eenoWMs cof require Whe students fo vB th the Upvorny, s¥ead the books, Sournals # Articles, YR pare Lhe. asquments ank develop the SPeaking, powers eTe util develop not only Me legal ceil but alse We, presentatton, SKRLL.w Ave of Ex amtnatton Se Preparatton of Aquen ents 6 Prtnetple of Nataval Susktee: As PREPARATION OF CASE it~ fede Preparation ond. presentation of w case gs aw ark whith ts atkatnedk by practice They play important cole fr Success. Te whe preparation. of Wne case Yre most imp. Sacks should be selected and Yea should be sRrnernlpertdh UW, ACCUYAMY. his wlll crable Whe rmooter X2 SUbply Ye. Sacks whenever he As weqpived Ao Supply. £ Lvoss- Examtnationi ee ee ee ee es TY tll also provide Winn congidences The | eNenks should ve aseranged and noted douon nm Mhe order of dokese The velevant docrwments should also be Skudted Cave fully. & Yoro\aaLe SYSTEM AN ENDIAt TED\IRL SYSTEM AN CEN IAL The “Imndlan Constitution has provided. W® untfed Gudictoa Systeme “LN provides for Aye kagle Lategpraked, Bde clara’ Nontng Aucisdtekion ond providers rremedies aw alk Cases ooeising under He Constttuklo- anol Law, Ye ctytl ov crimtnal: At the top Xs Ye Supreme, Cour andk Hen Comes Mre War Coust one tr each Sate ard Bre orton ts Ve swoordtnate fudtcfowy Consisting oF Cut and eriminal Coursts- Appointment Drown en xENery, Vudge. of Vhe SG chalh be appointed roy the Crestdent+ ¥ The. Sudge Shak Valk office Lonkil Ne attatngs Nhe Age of 65 years.ad Kon of Tndta, the Sc ot bound + Te Ta SP brut MIS_Uel Weld Rak we Prestdent is ni ork according 4p such consultation: % This deckton Nas been overwuled in the Case of SC Advocates ow Record Associaton v\c Untow of India. Tw Mais case , the &C enton of Ye Chtef Justte ‘ras held that of’ oS Inbfa in Me process db consulkokfor. te Yne vaatter of Select’on and appotrtment of Yre Tudges to He d*C and She Wwe as well AS bransger of Tudges FM ome WC to aomnother WE & entitled do nave She vdgyd of primacy, Here opfafon of He ChteS Tustice of [Link], means the Opinion formed by Winn collectively. % The S&C has made tke clear Anat tw of He Tudyes dh the SG and Me tec. the Precident’s obligation to act Bs Atrovdance With He advice, giver by Me Counckh of Ministers must be In attordance Wir Relfcles VLU and Wt a8 tonskeued by She SG apy otntme at| Se appotndrnent to the oftce of the Cites: gustice of Tndfa should be of the Sento¥ mock Tudge, dy Me Supreme Cour considered git to Hold She office. 9 wot Se Catton s A pecson ts qualified Sov oppotniment ON Oe Vudge of the Supreme Cour 34 he fs aw Cethen of Imdfa and— has been Sor at Leask S years Os & Tudge by ow Wtghy Courk or of Kuo OF more Such Cousks bw Succession » OF ib) hos ween for ak least lo years ae advocate oF & High lousk or of two o* more Such courts Iw Successfors or Cd is ake Mhe opinion of the Prestdent, « Aish ngutsned gurdsts Salowfes dond A\lowances | eRe mates He cleave Yaak Ane Tudges OF Ane, Supreme Cour’ shall be path Such salastes ag may be determined by Parttamnent vy law and until provisfor %& What velhalg 8 so Made oMneg will be path sudy salarieso@ Gude g 7s_erevrwrrrere eee seeeeeeseseeseseseese sv eousds AS OR Speckled Ww Ane, coe eee remy Sudge sas Avt-V250) provides, shall be emitled to euch priviledges amd. allowances and Ao such rtghts Wn vesheck bo leave of avsence And pensfon ab May rom time to Xime be determined by ow under laws made | by Pawllament and Unttl bo determined, Lo sudn Priviledges, Abowamces and rights as are, specfted in the Second Schedules | However, itis to be noted that neither Ahe psiviledges nov the allovsances & a Judge moe Nfs ~gnt th respect of leave of absence or yenston can be Nawted by, Parrkarnent te Wis dfs ad Vantage aS$ter his appotntrment- | These matters are. govemned Soy the SO Tadges Clondiwtow of- Service) Ack» WS8> Tenure — ° Every, Tudge of tre SC Molds oSSee woltl “he arkaing Whe age of 6Syears. The. age ofa Judge oF the $C As dekermined ly such autho vty and insuch manner as Paritamert MOY boy (avo provide: However, ow Tudge of O Sle rmay» ba writing under Wes hand| Xb addvessed to Me. President 9 restan, hes OSXce I Removal LAwktcle 124 Lay) A Yadge may be removed Grom hfs oSstee- AwRcle W464) amaes te clear that a4 Tudge o§ Me Supreme Cour Carnet be vemoved Srom Wis offfce excep by OM order of the Pestdent passed aSker an address by each Wouse of Parlfament Sapported wy a magorty of ne total members of that House present amd Noting Yas been. Yresented to Yre President tw he Same Sessfore for Sur removal ov Me ground ° ° ° 5 of Ppeoved wmisbehavtowr ovr in capaetty. Proceedings Sor Yonp each me nt aoa Vudge oF the Supreme Court Shas ave of Judtelal snokure: Meskenttow Srom Noting in Ye House ow She smokton. of Impeachment against a Dudge oF Me, $-G cannot be deemed 2 We Note Te support of ne ° smokt one— a Tn Capt: Ntvendva V|s Shiv Rat Patil, | TAMAS U SCO tH, he Supreme Court has Held tak ak Me stage of Nokng on ihe motion Tw ne House Vhe process Ts poli eal with whtely the court cannot intergeres The ParlWament fs Soveretgn | wit wespeck to conduct of Cis businesse The Supreme Courk cannot have any Say iw he polltfcal process. Tru Mifs case oval Whip was Tssued by the Ruling, Congress Posy Ao (Ws members to abstath Som Voting on the moktow of Impeachment of a Supreme Cour Tudge. tr Parliament. Pettiivoner clatmed tat ne members would nave veSused to obey Me whip 16 they, Nad access tohis vine page Communt cactfor. served on he Speaker wide the Speaer had fated to etvrenlate to the Members oF Parltarnent + The Courk ‘held that at the Skage of Noting ow the mation the process Ts politcal witty Ohfde the Court Cannot | | intex$e vesAPACE SIVA = a aS ee eee hr ht” TSSSISTTTT IS SITI SSS Saad 5 FLERDIN Gi Pleading Generally Order-VE CPC, deal cotter leading generally, Ga Vth cases as suk be ~requived, to be Anstthucted vy presentation, of a plaint or We such odher rMANNEY As May we yreseribeds Tn, enengy iplatat Facts are Trequived to be proved "oy affidavit. Thus s sutt fs commenced by presentakton, of Xhe Vain + A Sher the plaint being Hled the party again which tk has been Fla is ose givere ou, opportuntty to admit ov deny the Facts stated Le the Plaint and present his own cases This fs called written statement: Le. ART OF EXAMINATION S— Cross Examtnatie, Examining thewitnesses and arqutng the case, %s am ark whide ts learnt by practice. ’ e 4 » They, play important role mM estoning, The case. The modters Should P43 due attenction, to them.| poorktes do the sutt and the In we case o. § oxtminal proceedings the object ts to ascertain. the Walt ly te punishment of the person accused. = | Se cit proceedings , the object ys to dekermine the sights and Rabtlities of the sy Oe determined, On Xe. vasts af Whe Sacks of he Cases = ° Examtnatton -In- Chie}, Cross- sam Paton. or 6 | Yer exam*natton 4 all Intend to prove ov Asprove Whe kruth oF ceslaty facts to the Satisf ackforn a§ the Court: oe Examination of witnesses pee Sects of the Tadtam Evidence ek mates Re chear rat wre order Wr ohfch citnesses | ave produced and exammmed shall be, vequlated ba he lacs and practice For the time being yelating to GVIL amd entntnal procedure resperdively and te The absence of ony Such, law, buy Ane divectton of the cour QQ| re Skagqes osexs otaing | SecMon-\Bt deals wlth. order oF examination this se ctton provides that the exarntnation 1 oF a Witness by the parks who calls nfm | shah we called his exami natfon-in- chies And the examtmnatton of a wthness dy, the adverse partly shall We called NYS cross— | &Xaminakton ond Me exarntnation of a tatness subsequent tothe Cross- exam? nation by ne Parhy who called. htm sShal be Called Wee W- examinalfoy. Te provides that usitnesses shall be Sis | examined. ta-chief sMnev KOSS - examinedh and hen yer examived> Tx makes tk clear that the e&aminatfon & | the Cxoss— Examination. musk ~re lecved, to the relevant Sacks, but She crags— exam nation need not +o be confined to the Sacks to olhich She votkness testifted on Hes examination -te- chteg. Tt algo provides that, the examination shah be directed, to the34 & planatfow ‘ation vesgerred to f tre Cross- Examinations a Shus >» whe a Stages of Examining a Winess arves— eC e | \* Exar ination — fine htet | | a+ Cross— Exarntnadkton D Re- Examtnatfon, Ae EXAMINATION IN- CHIEF (@ Seclon-34 of the Evidence pe provides ero the examination oF oO witness bane party uslro Calls Win shall be called hfs eK amt nakior “tn Onfeh () Thus, every, usttness is eXa mined by the party whe calls Wim: This Ts called as | examination Ww Unies-« Oo The mata obfec ef the Examination -imn— Chtes iste elicit all She materPal acts | uti the. Enovsledae of the witnrss whi, tend bo prove He case of the party calling | | hime | | In examination -tn- chief an attempt | Should ve made by an advocate 4 |[ ebbkatn From. she witness all that the | 8 ‘ | wrtness Knows tr the Favour of his | Chent+ © He should Complete Wis examination on AX Whe fesues oy SUbfeck whlch he wanks to Atsclose ow present to the Cour > ip TS a material question has beew orn thked IW Me exambnatfor - m-chref of a wftness , cannot be asked as a makker of vight Pn ve~ exam?nation- AD Whe Coux has Asserelfon to alovo Such, question, and 5 tk fe allowed, the opposite party, muse be given He opyorantig, to cross - examine He wetness ore Me neo nee WW) the honest witness should not be Inxerge ved A Fav wh possible and he showld be wlowed to eth Nis tale Inthe mannes ‘ne Utes to tell: Qe CHOSS -EXRMANATION aoe ores co the exami nation oF a witness by the adverse party ts called his cvoss— ex amination” (b) The purpose of the Cress~ Kamination fs to chest She veracthy oF witness and Bhexpose Whe tvuth about the testimony of Me coikness: (e) Cross= examination, muck velote to the relevant Sack, howevers Tk Ts not required to be tonGined to tne fads to whicy Whe. usttness tecttSed on his examination tn- Chies. WOT crom- examtnation evew qpestion, is | | Vequived to be asked ulin an object By | C¥OSS — Cram notion discrepancies IW dhe. | evidence A Vhe opponent may be. Created. | Fox this purpose witmesses should be | asked questions on the Same point and ff Mey disfes From one- another Sw thet | ALcounks of Yne Wransaction, thelr evidence wily be taken as Salse- (©) Sec-l4o oF Ahe Tndlan Evidence Ack provides Mnate usikness to characker may be cvossed- examined TK slo be noted that \eadtng. qpesttons ma pe asked Yn Cro Ss- Bramnadtfon+ (5) Sec-144 05 the Indwam Evidence Ack makes prev istons an velation *® he matters nr voviting., Tk provides hak any witness | zt | may be asked whilst under examinations |Shether any Corb ath, grant or other Xsposttion of property, as to cohich he bs Wing evidence , Wak net contatned In a docamenk ank IF he Says Yrake He was OF i$ Ne %s abouk to make any statement as to Mhe contents of any document wihichs tn whe opinion of the Court, ought to be produced, | Mre adverse party may abject to stich evidence | being gwen unl such Jouument is produced | ox until Sacks have beew proved, wich enkitie Yre yasry whe called Whe Witness to ate secondary evidence of ite (g) Sectfon-HUS of She Trdfan Evidence Ack provfdes that ao watt ness may, \pe, CNOSS— | examined as 4D Prevfous stakements made | | by him in writing oF reduced Into sariting | | and vélevank *% matters tw guestion ] witheut such woviting being, Shown +o him | ov being proved . bute th His intended to wnteadick him by Ye uiviting, is altentton | musky before he urdttng Cary be proved, be { Called to nose parts of %&& which ave do be used for Me purpose of contradicting, tens | wW during COM Examinaktorn a variness maybe quesoned as to every Sack which fs a Sack in issue or ik is velevank 40 the Sack nw issue: 3+ RE- ExA MI NATION (® The exammation of a wlhtness subsequent ko the cross- examtnation by Me Party Who called him ts called his ve-examinate- Ye - €xammation: \b) The ve- examination is reyted © be divected te the explomattan of the smakkers Feseccved. to we Cress- examination, the advesse parry Suvthey Cross- examine spon, Mak matter. (Cd Tne maty object of he ~re- exami notion &s | 40 explain the ports arising out of the Crass - examinatton: }(d) In he -ve- examinatfon an attempt fs made to vestove the credit of the cattnecs attacked during Me cross- Exammation: le) In ve-examinotfon, Leading, atesttons must mot, %§ objected 40 by the adverse Parks, be asked except wlth the pewmissfon of the Couck and the Courk shall permet ea ar cae maar eae 2Leading questtons as +0 matters which ave Wkroductowy oF undisputed ax cohich have, We Tks opinton, been alveady Susfetently Provedeee 38 Durtes of An h Avoca \e DUTIES TowARDS CouRT > | i during, the presentation of tne Case and | while, acting otherwise before the Court an advocte Is veqtivedk to conduct Nerecae ls | us AXgndty, and Sel§- ves pects The vue empowers the advocate -to make Complain againsk a judicial offfcer but tt | shoulk be submitted to the proper | authorities | | | | | | | Ave advocate Ts Ve quired to matntaty & Rspechsul attitudedooards the courk & should mamntatr she dtqnity of Jad eka officers whith ts essenttal Sor the Survinal of a fee communtiy. B The vale has rade Ct clear that no advocate | Shatl Msluence the dectsion Of Whe Court by | any tWegal or Renpropes Means. Le Prohibits | The private communi cation witty the fudge. | Ur The wule makes t+ cleay that ne advocate Phatk not consider Viimset€ mere emouthpiece of the cent» 5 An adv ocacte SHOU crppeay tre Court at all we Me prescytbed dyegs LhisEe eSRENEEE aypasawe tral olangs Be panna 6 Are advocate shall not enter appearance, Ack 7 Plead ow practice Prany way before a Courk Ti bunal or authortty ment Poneel br. SEBO A the Advocates Ack, tthe cole Or any member thereas. fs related -to the advo cece. with. Any relator. For Ante pws pose dh nits rales Court shall MEW OA Courky Benth ov Trbanal Tn ushtch abovementioned velotton af the advocate Ps a Tudge Member ov the Presiding afficer. Aces to the provistons oh Advoate, Act every Pdvocate whose Name *s entered Tn tne state voll shalk be. ewtttled ac of vight to practtce Vrsoughouk the Leriftories to whitch this Ack extends — | OW fe ah courts tneluding he Supreme | Courks id bejore Any dsibunal ow person legally authorised to take evidences and ath vefore any other authority ov person before. Whom such, advocate Ts by ov Under any law for the time betng oecare entitled 4o practice. 33++ The wale avquires “the advocate not -to wear bands or gowns Mm public. places Ones Anan tn Court except on Such ceremontal occasstons and at such places ar Hye Bar Counckh d) Ind ta or the Court Moy presexibes £ The wule provi des hak an advocate shal not appear tw ov before any Gurt or Tetbunal er any over authortty Sor or agatnse an organisatton ar an tnstthaction, Soctery OF Cowporattons, ff he fs a member of Me exeurtive Committee of such orqanisaKon or tnsittutPon or sortety or | { | Con poration 4 An advocate shall not ack or plead Pr | any mates Wwe conch he Ys himeel$ | pecuntocet ly inte vested + for example, An advocate Should not act Py & pankruptes petition Wher he Wimeoelf fe of the bankrupt: also a creditor Rds THE Client ES @® Rule -tt- provides that on advocate Ps Ddound te accept any brief Tre He Court or Tribunal of before any other autho sity Sn_ov Yefore which he proposes to practise _ [Se PUTIES “TOWRAHIRT TU Abad dds ok See conttstent “wlth | hfs standing ot Baw é also the nockuve. of Whe Cases The rule makes ft Cleay that % epectal efrcurngtances he nay MeSuseto ACCP a Porcticular brief. © Rule le provides What an advocate shall not ordinarily withdrars SOM engagements once acee pred without suffeclent cause and unlece Veasonable and sugterent nottce fs qfven to Me cents betes or appear in a Case Pr which he has vreason. to believe that he wilt be a witness. the cules provides that ff{> after petng engaged twa case TL becomes Apparent that he fsa | wariiness on & material question of fac, he Should nok toninue +o appear As an advocate | | | |© Ratery Rule\S i am advocate should not accept a | | | | | in cose he Cave vetive without jeopardising Wis clemk!s twkereste- | 1@ Rule-Wys- aw advocate shall, at the Commencement) Of his engagement and during the continuance | Ahered$ » make UL such Gah and frank disclosure | do hts cellent veelaking to his Connection whith the | parttes and any ntevest Tn. or about the Controversy an ere tes to affect Wis clfert's {udg ments, Sn ether engaging hirn or Conk nung he engagement> 4h| © Rules provties tha (4 Ts the duty of on advocate to Xphold the trtevects of Wie clfent Seavlessly vy Wl Faty and Nonowratle meang without reeqard 49 any “npleasant conseqytence to himself or any other Tk fs Mne ducky of an advocate to defend a person accused of a crime rregawhless of his personal opinion as to the quilt of Yhe. aceuged and Whe discharge of Ints duty he Should always beax in mind shack Wis Loyalty, Re Aw the Lars whieh yvequives Mak no moar shoul be Convicted eottthout ade qaake, entdences 6) Rule-Ve provides that an advocate appearing Sor the prosecettor of acriminal tefal shatt 66 conduck “he proseciction thar Tt does not Wad to Convtckfon of Hne fnnocent: the wale makes TH clear that the suppregfon, of motestal caparle of establisheng ne Wnocence of the accused must be sc7upulously aNotded> @ Rare provides thot con advocate shalt not commit a wreath oF Yhe obligations imposed by Serb dh the Indtan Evidence Acts This seet fan | |provides {ny weladtion to tne Professional fommunt cattons: | ® Raerg provides Hat av advo cate Shak nots | Ok any times be a parcy to fomenting off | Wkigation. © Rule-19 makes tt clear that tt Ps the duty of an advocate, net to ack onthe instructions oF ang person other than hts cent ox his | Ousthorised agent «Tk provides thot an. exhuoceitd Bhadk not ach on the tmsksuctions of Oy Person | other than Wis chtent 96 W's authorised agerits | ig) The fee oF av advocate depending Upon the | | suceess OF Xne Suit fs considered os Opposed to ~tne. parle polo. 1® Rule ab provides that am advo cecke, Sholh nok Way oF peagic Ww ov stipulate for o¥ Agree to Fecelve Any Share ove terest in ang attronable claim + However sit has been made clea that noWhing tn Anis Rule shah apply do skocky Shares and debentures ov govt> secarntiges ov Xo any Wskiuments which ave negotiable by law: 1@ Rule cn provi des hak an advocate shal not, diveckly ox indtvectly a ytd Jor or purchase ethey in his cow name eo in Any other