Supreme Court of India Advocate-On-Record Examination June, 2014

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  • SUPREME COURT OF INDIA

    F.No. AOR Exam/June/2014New Delhi,2nd April, 2014

    NOTIFICATION

    1. Under Rule 5 (i) and (ii) of Order IV, Supreme Court Rules,1966 (as amended)and Regulation (2) of the Regulations regarding Advocates-on-Record Examination madethereunder governing the Examination for Advocates-on-Record, it is hereby notified forthe information of all concerned that the next Examination for the Advocates-on-Recordwill be held in the Supreme Court Premises, New Delhi on 3fd , 4th , 5th and 6th June,2014.

    2. All Advocates who will be completing one year's continuous training on or before30th April, 2014 are eligible to appear for the aforesaid examination.

    3. Applications should reach the Secretary, Board of Examiners, by 15t May, 2014.The application forms may be obtained from the office of Secretary on any working dayduring office hours. No application shall be accepted after 15t May, 2014.

    4. Acceptance of the application is subject to production of requisite certificate totraining from an Advocate-on-Record under Regulation (6) of the Regulations regardingAdvocates-on-Record Examination.

    5. In pursuance of the directions contained in the Order dated October 12, 2011passed by Hon'ble Supreme Court of India in I.A. NO.2 of 2009 in SLP (C) No. 18481 of2009 titled Vijay Dhanji Chaudhary Vs. Suhas Jayant Natwadkar, and as decided by theCompetent Authority, pending the amendment to the Regulations regarding Advocates-on-Record Examination, Paper-III for this year shall be "Advocacy & ProfessionalEthics" with maximum marks of 100.

    6. A list of leading Cases with regard to Paper-IV 'Leading Cases' is appended to thisNotification as Annexure 'A'.

  • - 2-

    7. No application/representation in the nature of seeking relief for re-evaluation ofanswer sheets shall be entertained. Application/representation seeking relief other thanin the nature of re-evaluation shall not be entertained beyond a period of 30 days fromthe date of declaration of tti result.

    8. In ensuing examinations those' who are given roll numbers and who absentthemselves in examination without assigning reasonable cause in writing will be treated asnot sufficiently prepared & will be dealt with under Regulation 5 (b) without giving furtheropportunity & time may be prescribed within which they shall not appear again forexamination without prior permission of The Board of Examiners. It has been furtherdecided that all such candidates who remain absent without reasonable cause, may beissued show cause notice to explain why their cases shall not be placed before the Boardof Examiners for appropriate order.

    9. The candidates are further informed that the Committee of Hon'ble Judges of theExamination Committee on the recommendation of the Board of Examiners havedecided that a candidate who fails in all the papers of Advocate-on-Record Examinationheld in an year shall not be permitted to appear in the ensuing examination. It wasfurther decided that a candidate may be allowed five chances to appear at theexamination, and those who do not qualify in the desired five chances given, shall notbe permitted to appear in any further examination.

    Copy to :-

    1. The Hony. Secretary, Supreme Court Bar Association with two spare copies forplacing the same on the Notice Board.

    2. The President, Supreme Court Advocates-on-Record Association,SupremeCourt Compound with two spare copies for placing on the Notice Board.

    3. P.S. to the Registrar (J-I).4. P.S. to the Registrar (J-II).5. P.S. to the Registrar (J-III).5. P.S. to the Add!. Registrar (Record Room).6. Branch Officer, Record Room. :;;:)(1.. (L':) ~ ~ "'-.\u g" li,

    / Technical Director, NrC +'" v-t:)IOQ~O .)k-~8. B.a. (Cash) W.K. ~Ha~j~ra)

    REGISTRAR & SECRETARY BOARDOF EXAMINERS

  • SUPREME COURT OF INDIA

    New Delhi, 2nd April, 2014

    NOTICE (I)

    In the Regulations regarding Advocates-on-Record Examination published in

    the Notification No. G.S.R. 308 dated pt March 1966, the syllabus for the paper in

    Drafting is given as follows:-

    1. Petitions for Special Leave and Statements of Cases, etc.

    2. Decrees & Orders and Writs, etc.

    This is to clarify that the syllabus includes petitions of appeal, plaint and

    written statement in a suit under Article 131 of the Constitution, review petitions

    under Article 137 transfer petitions uls 25 of the Civil Procedure Code, Article 139of the Constitution of India and Section 406 of the Criminal Procedure Code, 1973;

    contempt petitions under Article 129, interlocutory applications including criminalmiscellaneous petitions for bail, condonation of delay, exemption from surrender,

    applications for revocation of special leave, etc.

    ~REGISTRAR & SECRETARY

    BOARD OF EXAMINERS

    Copy to :-1. The Hony. Secretary, Supreme Court Bar Association with two spare copies for

    placing the same on the Notice Board.2. The President, Supreme Court Advocates-on-Record Association,Supreme

    Court Compound with two spare copies for placing on the Notice Board.3. P.S. to the Registrar CJ-I).4. P.S. to the Registrar CJ-II).5. P.S. to the Registrar CJ-III).6. P.S. to the Addl. Registrar CRecord Room).7. Branch Officer, Record Room.8. Technical Director, NIC

  • .

    SUPREME COURT OF INDIA

    New Delhi, 2nd April, 2014

    NOTICE (II)

    Subject: Advocates-on-Record Examination - June 2014Paper III (Advocacy and Professional Ethics)

    This is for information of all concerned that in addition to the books

    recommended in the Regulations regarding Advocates-on-Record Examination, the

    following have also been suggested for reading for Paper -III.

    1. The Advocates Act and Cases reported; under the Advocates Actparticularly disciplinary proceedings.

    2. Cases relating to Contempt of Court involving Advocates.3. Bar Council of India Rules.4. Supreme Court Rules,1966.

    It will not be the responsibility of the office to supply any book to any

    candidate. ~REGISTRAR & SECRETARYBOARD OF EXAMINERS

    Copy to :-

    urt Bar Association with two spare copies foroard.Advocates-on-Record Association,Supremecopies for placing on the Notice Board.

    1. The Hony. Secretary, Supreme Cplacing the same on the Notice

    2. The President, Supreme CourCourt Compound with two spaP.S. to the Registrar (J-I).P.S. to the Registrar (J-II).P.S. to the Registrar (J-III).P.S. to the Add!. Registrar (Rec rd Room).Branch Officer, Record Room.Technical Director, NIC

    3.4.567.8.

  • SUPREME CURT OF INDIA

    New Delhi, 2nd April, 2014

    Re : Advocates-on-Record Exami ation

    During the Advocates-on-Record Examination the head notes of the LeadingCases (Paper-IV) as printed in the Supr me Court Reports will be made available by theRegistry to the candidates in the Exam ation Hall at the time of Examination and thesame should be returned immediately to he invigilators at the end of the paper.

    All the head notes have been se arately printed and bound. The candidates arerequested not to spoil by underlining or utting any mark anywhere on the head notes asthey are to be used in the future also.

    ~REGISTRAR & SECRETARY

    BOARD OF EXAMINERS

    Copy to :-

    1. The Hony. Secretary, Supreme C urt Bar Association with two spare copies forplacing the same on the Notice Bard.

    2. The President, Supreme Court A vocates-on-Record Association,Supreme CourtCompound with two spare copies or placing on the Notice Board.

    3. p.s. to the Registrar (J-I).4. P.S. to the Registrar (J-II).5. P.S. to the Registrar (J-III).6. P.S. to the Add!. Registrar (Recor Room).7. Branch Officer, Record Room.8. Technical Director, NIC

  • SUPREME OURT OF INDIA

    New Delhi, 2nd April, 2014

    Results of the last Advocate n Record Examination have been declared.Candidates who fall under Regulations 1 (i) & 11 (ii) are informed that although they havethe permission to appear in the subsequ nt examination in one Paper only, this would beat their option and such candidates ma be entitled if they so choose to appear in theentire examination afresh. The option wi I have to be finally exercised by the candidate atthe time of filing of proforma application for subsequent examination & the same will bebinding on the candidate.

    For information Regulation 11 (i) & 11 (ii) are reproduced:-

    Regulation 11 (i) :

    "A candidate, who fails to obt in 50 per cent in one paper only butobtains 40 per cent in that pap r and also obtains 60 per cent in theaggregate in the remaining p pers, shall be allowed to appear inthat paper at anyone subse ent examination on payment of thefull examination fee and he s all be declared to have passed theAdvocates-on-Record Examin tion if the marks obtained by him atthe subsequent examination ken with the marks obtained in theremaining papers at the earli r examination are 60 per cent of theaggregate marks in all the pap rs.

    Regulation 11 (ij):

    A candidate who passes in al the papers at any single examinationbut fails to obtain 60 per ce t of the marks in the aggregate may,with the previous permission f the Examination Committee and onthe payment of the full e amination fee, appear at anyonesubsequent examination in ne of the papers only in which he hasobtained less than 60 per ce t marks and shall be declared to havepassed the Advocates-on-Re ord Examination if the marks obtainedby him at the subsequent examination taken with the marksobtained in the remaining p per at the earlier examination are 60per cent of the aggregate ma ks in all the papers."

  • - 2-

    The candidates are further inform d that in ensuing examinations those who aregiven roll number and who absent thems Ives in examination without informing sufficientreasons to the Secretary in writing will b treated as not sufficiently prepared and will bedealt with under Regulation 5(b) witho giving further opportunity, and time may beprescribed within which they shall not pr sent themselves again for examination exceptwith prior permission of the Chairman of oard of Examiners. Regulation 5 (b) reads asunder:-

    5(b) " If the Committee on the recommendation of the Boardof Examiners, is of the pinion that a candidate has notsufficiently prepared him elf for the examination they mayprescribe a time within hich he shall not present himselfagain for examination."

    The candidates are further infor ed that the Examination Committee of theHon'ble Judges on the recommendation of the Board of Examiners have decided that acandidate who fails in all the papers of A R Examination shall not be permitted to appearin the next examination. It was furthe decided that a candidate may be allowed fivechances to appear at the examination, nd those who do not qualify in the desired fivechances given, shall not be permitted to ppear in any further examination.

    ~REGISTRAR & SECRETARY

    BOARD OF EXAMINERS

    Copy to :-

    1. The Hony. Secretary, Supreme C urt Bar Association with two spare copies forplacing the same on the Notice Bard.

    2. The President, Supreme Court A vocates-on-Record Association,Supreme CourtCompound with two spare copies for placing on the Notice Board.

    3. P.S. to the Registrar (J-I).4. P.S. to the Registrar (J-II).5. p.s. to the Registrar (J-III).6. p.s. to the Add!. Registrar (Reco Room).7. Branch Officer, Record Room.8. Technical Director, NIC

  • 'ANNEXURE-A'

    REVISED LIST F LEADING CASES

    .-

    1. T.M.A Pai Foundation v. State of Kamat ka (2002) 8 see 481: AIR 2003 se 355

    2. P.A. lnamdar v. State of Mahadshtra: 20 4 (8) see 139I

    3. Minerva Mills v. Union ofIndi 1(1980) 3 see 625

    4. S.R. Bommai v UOI: 1994 (3) ee 1

    5. L. Chandra Kumar v. UOI: 199, (1) se 4.00II

    6. Supreme Court Advocate-on-relord Ass dation v. UOI 1993 (4) see 441

    7. Samsher Singh v. State of Punjab: 1974 ) sec 831

    8. Bangalore Water Supply & Sewerage B rd v. A. Rajappa: 1978 (2) sec 213

    9. Maneka Gandhi v. UOI: 1978 (1) sec i~8

    10. A.R Antulay v. R.S. Nayak: 1988 (2) S C 602

    11. Rupa Ashok Hurra v. Ashok Hurra: 20 :;: (4) sec 388

    12. lndra Sawhney v. UOl: 1992 Supp (3) ce 217

    --...:t-

    13. Vishaka v. State of RaJasthan: 1997 (6 see 241: .

    14. Pradeep Kumar Biswas v. Indian Instit te of Chemical Biology: 2002 (5) sec 111

    15. SBP & Co. v. Patel Engg: Ltd.: 2005 ( ) see 618

  • -2

    16. LR Coelho v. State of Tamil Nadu: 200 (2) sce 1

    17. Ashoka Kumar Thakur v. DOl: 2008 (6 sce 1

    18.CBSE v. Aditya Bandopadhya I: 2011 (8 sec 497I

    i19. Swamy Shraddananda (2) v. Sate ofKa .ltaka: 2008 (13) sec 767.

    20. Nandini Sundar v. State of Ch ttisgarh: 011 (13) sec 46

    21. Selvi v. State of Karnataka: 2 10 (7) S C 263

    22. Amarinder Singh v. Punjab ViJdhan Sab a: 2010 (6) sec 113.

    23. State of West Bengal v. Committee the Protection of Democratic Rights: 2010 (3)sec 571

    24. Kihota Hollohan v. Zachillhu: 1992 Su P (2) sec 651

    25. Centre for Public Interest Litigation v. TOI: 2012 (2) SCALE 180

    26.In re: Special Reference No.1 of 20122 12 (10) sec 1

    27.Mafatalal Industries Ltd. v. Union ofIn ia, (1997) 5 sec 536

    28.Vodafone International Holdings BV v. nion ofIndia, (2012) 6 sec 613

    29'zahira Habibulla H. Sheikh v'. State' of ujarat, (2"04) 4 sec 158

    30.Malay Kumar Ganguly v. Dr. Sukumar lukherjee, (2009) 9 sec 221

  • - 3 -

    31.M. Nagaraj v. Union OfIndia (2006) 8 S ,e 212

    32.Aruna Ramachandra Shanbhaug v. Unio OfIndia (2011) 4 see 454

    33.Sangeet v. State of Haryana (2qI3) 2 se I 45.,

    I f34.Society for Unaided Private Schools of . ajasthan v. Union Of India (2012) 6 see 1

    35.S.P. Gupta v. Union ofindia lr2 (2) S

    36.Kharak Singh 1964 (1) seR 312

    R365

    37. D.K. Basu v. State of West Bdngal199 (1) see 416.

    38.Vellore Citizens Welfare Forum v. Unio ofIndia 1996 (5) see 647

    39. Naga People's movements of Human R ghts v. UOI 1998 (2) see 109

    40. State of Maharashtra v. Sangharaj Dam ~ar Ruparwate 2010 (7) see 398

    41. Sodan Singh v. New Delhi Municipal C .rporation 1989 (4) see 155

    42. Ms. Githa Hariharan v. Reserve Bank 0 }ndia 1999 (2) see 228

    43. Danial Latifi v. Union ofIndia 2001 (7 see 740

    44. D.S. Nakara v. Union ofIndia 1983 (1 ~:ce 30?_r.# .

    ..

    NOTIFICATIONNOTICE (I) 1. Petitions for Special Leave and Statements of Cases, etc.2. Decrees & Orders and Writs, etc.NOTICE (II)Subject: Advocates-on-Record Examination - June 2014 Paper III (Advocacy and Professional Ethics)NOTICE (III) Re : Advocates-on-Record ExaminationNOTICE(IV)REVISED LIST F LEADING CASES