Professional Ethics, Company Law, Environmental Law – AIBE Syllabus Details Part 4

This series consists of seven articles, which expand the complete syllabus for the AIBE – All India Bar Exam.

1. Constitutional Law, IPC, CrPC – Part 1

2. Code of Civil Procedure, Evidence Act, ADR – Part 2

3. Family Law, PIL, Administrative Law – Part 3

4. Professional Ethics, Company Law, Environmental Law – Part 4

5. Cyber Law, Labour & Industrial Law, Law of Torts – Part 5

6. Taxation Laws, Contract Law, Negotiable Instruments, Property Law – Part 6

7. Land Acquisition Act, Intellectual Property Laws – Part 7

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I would like to thank you for the CLAT PG LLM COURSE. Practising mock tests there helped me in getting confidence and hence I was able to get AIR 45 in CLAT PG LLM - Akshay Awasthi

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"I got AIR 18 in CLAT PG and General Category rank 28 in AILET PG. I want to thank you for helping me practice well in controlled conditions from any place. It gave me a lot of confidence and I took the tests while travelling too. I also made it to IIT Kharagpur." - Vinodharani

"Lawmint has been of great help to me in securing AIR 25 in AILET PG and AIR 29 in CLAT PG examinations. The subjective and objective approach of the test series kept me up to date with the latest exam pattern." - Bhawna Nanda

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Professional Ethics & Cases of Professional Misconduct under BCI rules – 4 questions

Objective: Professions are noble. The movement of all professions, hitherto, has been from chaos to organization, organization to consolidation and consolidation to autonomy and monopoly. Same is true of the law profession also. The prime reason for conferring autonomy and monopoly by the society on the professionals is the fact that they are a body of learned persons and the interest of society and individuals is safe in their hands.

The Bar should set enviable standards of ethics and scrupulously adhere to them as also enforce them. It is too good of the society to trust the learned body of the professionals to regulate themselves and not to empower an outsider to sit in judgment over their activities. The trust reposed by the society in profession is to be zealously guarded.

The Bar should live up to the expectations of the society. The society has a right to expect of the professionals such ideal behaviour. The course is designed to imbue students with these high values forming the basis of the profession so that they can live up to those standards in their professional life. Course contents:

The legal profession and its responsibilities; The equipment of the lawyer; Conduct in court; Professional conduct in general; Privileges of a lawyer; Salient features of the Advocates Act, 1961.

Duty to the court; Duty to the profession; Duty to the opponent; Duty to the client; Duty to the self; Duty to the public and the state; Contempt of Court Act, 1972

Selected major judgments of the Supreme Court:
1. In the matter of D, An Advocate, AIR 1956 SC 102.
2. P.J.Ratnam v. D.Kanikaram, AIR1964 SC 244.
3. N.B.Mirzan v. The disciplinary committee of Bar Council of Maharastra and Another, AIR 1972 SC 46.
4. Bar Council Of Maharastra v. M.V.Dabholkar, etc., AIR 1976 SC 242.
5. V.C.Rangadurai v. D.Goplan and others, AIR 1979 SC 201.
6. Chandra Shekhar Soni v. Bar Council of Rajasthan and Others, AIR 1983 SC 1012.
7. In Re an Advocate, AIR 1989 SC 245.
8. In Re Vinay Chandra Mishra, 1995 (Vol-I) IBR 118.
9. Supreme Court Bar Association v. Union of India, AIR 1998 SC 1895.
10. Ex-Capt. Harish Uppal v. Union of India, AIR 2003 SC 739.

Selected opinions of the Bar council of India
1. DC Appeal No. 16/93 1998 (Vol.1) IBR 135
2. BCI Tr. Case No.40/91 1998 (Vol.1) IBR139
3. DC Appeal No. 8/94 1998 (Vol. 1) IBR 153
4. DC Appeal No. 20/94 1997 (Vol. 3 &4) IBR 193
5 BCI Tr. Case No. 76/95 1997 (Vol. 3 &4) IBR 201
6 DC Appeal No.43/96 1997 (Vol. 3 &4) IBR 207
7 DC Appeal No.18/91 1997 (Vol. 1 & 2) IBR 271
8 DC Appeal No.24/90 1996 (Vol.1) IBR 135
9 DC Appeal No.19/93 1996 (Vol.1) IBR 152
10 BCI Tr. Case No.104/90 1996 (Vol.1) IBR 155
11 BCI Tr. Case No.52/89 1994 (Vol.1) IBR 187
12 BCI Tr. Case No.127/88 1992 (Vol. 3 &4) IBR 125
13 BCI Tr. Case No.39/87 1992 (Vol. 3 &4) IBR 147
14 BCI Tr. Case No.39/89 1992 (Vol. 3 &4) IBR 149
15 BCI Tr. Case No.16/88 1989 (Vol.1) IBR 99
16 BCI Tr. Case No.2/88 1989 (Vol.1) IBR 102

 

Company Law – 2 questions

The course is designed to understand the formation, management and other activities of the companies. In view of the important developments that have taken place in the corporate sector. Important regulations pertaining to the issue of shares and the capital raising have come into force.

This course aims to impart the students, the corporate management, control, possible abuses, the remedies and government regulation of corporate business and winding up of companies.

The Companies Act, 1956 – Corporate Personality and its kinds – Promoters – Registration and Incorporation – MOA

AOA – Prospectus – Directors – Meetings – Role of Company Secretary – Dividends; Brief analysis of corporate ethics.

Issue of Shares – Types of Shares – Debentures – Procedure for allotment of shares and debentures – share capital – Rights and privileges of shareholders – Preventions of Oppression and Mismanagement – Different modes of winding up of companies.

SEBI Act, 1992; Securities Contracts (Regulation) Act, 1956 and Rules.

FEMA Act, 1999; Competition Act, 2002; Brief introduction to BPO & LPO

 

Environmental Law – 2 questions

Environmental problems have attained alarming proportions. It is essential to sensitize the students to environmental issues and the laws. The important principles in the field like inter-generation equity, carrying capacity, sustainable development, and precautionary principle, polluter pay principles are to be appreciated.

The law in practice is to be analysed and evaluated. The course is designed towards these objectives.

The Idea of Environment: Ancient and Medieval Writings, Traditions, Natural and Biological Sciences – Perspectives: Modern concept, Conflicting dimensions, recent issues -Environment and sustainable development – National and International Perspectives – Population and Development.

Environmental Policy and Law: Environmental Policy : Pre & Post Independence Period; From Stockholm to Johannesburg Declaration (Rio) and Role of Government – Five year Plans – Forest Policy – Conservation strategy – Water Policy; Conservation of Natural Resources and its Management; Constitution and Environment: Right to Environment – Constitutional provisions on Environment and its Protection – Role of Judiciary on Environmental issues – Evolving of new Principles – Polluter pays principle – Precautionary principle – Public trust doctrine.

International Law and Environmental Protection: International conventions in the development of Environmental Laws and its Policy – From Stockholm to recent conventions (Special Emphasis on Major conventions & Protocols) – Control on Marine Pollution; Common Law aspects of Environmental Protection; Remedies under other Laws (I.P.C., Cr.P.C, C.P.C.) – Riparian rights and prior-appropriation.

Prevention and Control of Pollution: Pollution of Water, Sources, Legal Control, The Water Act, 1974 – Pollution of Air, Modalities of control, The Air Act, 1981 – Noise Pollution and its control, Noise Pollution control order – Disposal of Waste, laws on waste, disposal and its control – Trans-boundary Pollution hazards & Regulation

Biological Diversity and Legal Order: Bio-diversity and Legal regulation – Utilization of flora and fauna – Experimentation on animals – Legal and Ethical issues – Genetic Engineering – Wildlife Protection Act, 1972 – Forest Conservation Act, 1980 – Prevention of Cruelty against animals – Problems in Legal regulation of medicinal plants – The plant varieties Act – Wetland Conservation.

Environment Protection Act, 1986 including, Environment Protection Rules, Coastal Zone Regulation, ECO-Mark, Environment Impact Assessment, Environmental Audit, Public Participation in Environmental decision making, Environment information, public hearing, Regulation on Bio-Medical Waste.

Note : Always refer to the current year’s official advertisement for the latest topics and number of questions.

This series consists of seven articles, which expand the complete syllabus for the AIBE – All India Bar Exam.

1. Constitutional Law, IPC, CrPC – Part 1

2. Code of Civil Procedure, Evidence Act, ADR – Part 2

3. Family Law, PIL, Administrative Law – Part 3

4. Professional Ethics, Company Law, Environmental Law – Part 4

5. Cyber Law, Labour & Industrial Law, Law of Torts – Part 5

6. Taxation Laws, Contract Law, Negotiable Instruments, Property Law – Part 6

7. Land Acquisition Act, Intellectual Property Laws – Part 7

Authentic Feedback from previous LawMint users :

I got AIR 21 in CLAT PG. Thank you so much. Your mocks helped me a lot in my preparation 🙂 - Ayushi Jain

I have subscribed to your CLAT PG program and got AIR 36 in this year CLAT PG. I have also secured AIR 54 in AILET PG exam. I would like to thank you. Your mock paper really helps a lot - Shrashank Tripathi

I would like to thank you for the CLAT PG LLM COURSE. Practising mock tests there helped me in getting confidence and hence I was able to get AIR 45 in CLAT PG LLM - Akshay Awasthi

A year back, I relied on the IIT Kharagpur RGSOIPL mock test series by LawMint to prepare for my RGSOIPL entrance test. Few months back, I relied on your UGC NET Law series to prepare for UGC NET. I was the topper of the RGSOIPL entrance, and have cracked JRF in UGC NET. All thanks to LawMint - Anshuman Sahoo

"I got AIR 18 in CLAT PG and General Category rank 28 in AILET PG. I want to thank you for helping me practice well in controlled conditions from any place. It gave me a lot of confidence and I took the tests while travelling too. I also made it to IIT Kharagpur." - Vinodharani

"Lawmint has been of great help to me in securing AIR 25 in AILET PG and AIR 29 in CLAT PG examinations. The subjective and objective approach of the test series kept me up to date with the latest exam pattern." - Bhawna Nanda

"I, Nimmy Saira Zachariah joined you clat test series. I cleared AILET PG with 30th rank. Your test series were of immense help as it gave me clear idea of where my preparations stand thank you once again law mint." - Nimmy S Z

"Hey guys. Where do I start? If I thought that getting AIR 59 in Clat PG was it, then how wrong I was. With Lawmint now I have cracked UGC NET as well." - Joyanta Chakraborty

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