cases of professional misconduct under bci rules pdf

3 General 4. Family Law, PIL, Administrative Law – Part 3, 4. This guide was created for litigants who encounter professional misconduct and ethical issues within the legal system in Texas. Others, generally cas t in the term “may,” are permissive and define areas under the rules in which the lawyer has discretion to exercise professional judgment. 7. The Commission also reviewed relevant California statutes, rules, and case law relating to the issues addressed by the proposed rules. 21/1996 – The obtaining of the signature by the advocate on blank vakalatnama and blank watermarked papers for the purpose of defrauding the client’s amounts to the professional misconduct under Rule 15 of the BCI Rules- Chapter II. 1. The expression 'professional or other misconduct' are mentioned in section 10 of Bar councils Act,1926. Preface 3. The Bar Council of India Rules, as amended from time to time, have been made by the BCI in exercise of its rule making powers under the 1961 Act. In the case Noratanmal Chaurasia v. M.R. 4. SEBI Act, 1992; Securities Contracts (Regulation) Act, 1956 and Rules. Case No.2/88 1989 (Vol.1) IBR 102. Any breach of the rules would be taken as professional misconduct. 15496/1986 # BCI Tr. The law in practice is to be analysed and evaluated. 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. Case No.127/88 1992 (Vol. The Bar should live up to the expectations of the society. Case No.40/91 1998 (Vol.1) IBR139 3. A lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is unfamilia… To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. 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.) The allegations are as follows: 1. Those notes, approved by the Rules Committee of the Superior Court to explain the revisions to the Rules of Professional Conduct and Code of Judicial Conduct, appear only in the edition of the Practice Book corresponding to the year of the revision and not in subsequent editions. Note : Always refer to the current year’s official advertisement for the latest topics and number of questions. Advocate & Client : Section II of the Bar Council of India Rules, 1975 (for short, “the BCI Rules”), in Part VI, Chapter II provides for duties of an advocate towards his client. It is essential to sensitize the students to environmental issues and the laws. AOA – Prospectus – Directors – Meetings – Role of Company Secretary – Dividends; Brief analysis of corporate ethics. We and our partners use your information – collected through cookies and similar technologies – to improve your experience on our site, analyse how you use it and show you personalized advertising. \"Reasonably should know\" when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question. Under section 9 of the Company Secretaries Act, 1980, the Council of the Institute is mandated to manage the affairs of the Institute and discharge the functions assigned to it under the Act. 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. Teach them the basics of professional accountancy The course will be conducted through lectures, case method as well as participatory methods involving Vikramaditya vs. Smt. Code of Civil Procedure, Evidence Act, ADR – Part 2, 3. 3 &4) IBR 149 15 BCI Tr. 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. The society has a right to expect of the professionals such ideal behaviour. 3 &4) IBR 193 5 BCI Tr. 8/94 1998 (Vol. Supreme Court Bar Association v. Union of India, AIR 1998 SC 1895. 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. Rules of Professional Conduct Adopted by Convocation on June 22, 2000, effective November 1, 2000 Amendments based on the Federation of Law Societies Model Code of Professional Conduct adopted by Convocation October 24, 2013, effective October 1, 2014 Amendments current to October 24, 2019 (see Amendment History) The movement of all professions, hitherto, has been from chaos to organization, organization to consolidation and consolidation to autonomy and monopoly. In the case of V.C. Important regulations pertaining to the issue of shares and the capital raising have come into force. Professional misconduct. 3. The course is designed to understand the formation, management and other activities of the companies. 3.Baswarooponi v.Babulalsoni BCI DC Appeal No.25/1992 Babulalsoni is the father of Balswaroopsoni. Environmental problems have attained alarming proportions. Land Acquisition Act, Intellectual Property Laws – Part 7. Conduct and the Code of Judicial Conduct. Constitutional Law, IPC, CrPC – Part 1, 2. Your email address will not be published. [6] Many of the Rules of Professional Conduct require the lawyer to obtain the informed consent of a client or other person (e.g., a former client or, under certain circumstances, a prospective client) before accepting or continuing representation or pursuing a course of conduct. The access, usage and all purchases or transactions through this website or associated websites & services are subject to the applicable Privacy policy, Terms & Conditions, Disclaimers & other policies including GDPR. by using those words it was made clear that the authority might take action in all cases of misconduct, whether in professional or other capacity. Further the DC of BCI also found him guilty of professional misconduct and ordered his name to be removed from the roll of Bar Council of Maharashtra and Goa. Standards of Professional Conduct and Etiquette (Rules under Section 49 (1) (c) of the Act read with the Proviso thereto) Preamble An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a … 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. 2. V.C.Rangadurai v. D.Goplan and others, AIR 1979 SC 201. Professional Ethics, Company Law, Environmental Law – Part 4, 5. Standards of Professional Conduct and Etiquette (Made by the Bar Council of India under Section 49(1 )(c) of the Advocates Act, ... during the presentation of his case and while otherwise acting before a Court, conduct himself with dignity and self-respect. In Re Vinay Chandra Mishra, 1995 (Vol-I) IBR 118. Acquaint them with the opinions of the Bar Council of India on professional misconduct 3. Objective: Professions are noble. N.B.Mirzan v. The disciplinary committee of Bar Council of Maharastra and Another, AIR 1972 SC 46. Sorry, preview is currently unavailable. 3 &4) IBR 201 6 DC Appeal No.43/96 1997 (Vol. Your email address will not be published. Some of the rules are imperatives, cast in the terms “shall” or “shall not.” These define proper conduct for purposes of professional discipline. 3 &4) IBR 147 14 BCI Tr. These issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the rules. 1 Short title, commencement and application 2. These define proper conduct for purposes of professional discipline. 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The Committee found him guilty as per rule 47 of BCI, which prohibits an advocate from engaging in personal business. The award of punishment for a professional misconduct is a delicate and sensitive exercise. 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. 6. Selected major judgments of the Supreme Court: 1. 20/94 1997 (Vol. Professional Ethics & Cases of Professional Misconduct under BCI rules – 4 questions. Chandra Shekhar Soni v. Bar Council of Rajasthan and Others, AIR 1983 SC 1012. 3 &4) IBR 207 7 DC Appeal No.18/91 1997 (Vol. In Re an Advocate, AIR 1989 SC 245. Ex-Capt. Enter the email address you signed up with and we'll email you a reset link. It also said that the Western standards cannot be applied to India Legal fraternity as that would lead to unbalance in the Indian Legal System. Some of the basic and crucial duties are summed up below:-RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT-• Bound to accept briefs. Subject Matter Index 2. Cyber Law, Labour & Industrial Law, Law of Torts – Part 5, 6. 16/93 1998 (Vol.1) IBR 135 2. Academia.edu no longer supports Internet Explorer. 13. 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. FEMA Act, 1999; Competition Act, 2002; Brief introduction to BPO & LPO. Rules of Professional Conduct often prescribe terms for resolving these conflicts. These rules have been placed there under section 49(1) (c) of the Advocates Act, 1961. In the matter of D, An Advocate, AIR 1956 SC 102. Selected opinions of the Bar council of India 1. The ABA Model Rules of Professional Conduct were adopted by the ABA House of Delegates in 1983. Case No. Title of the Paper: THE ETHICS AND MORALITY OF LEGAL PROFESSION 1st Author’s name: Naiana Jain, Title of the Paper: THE ETHICS AND MORALITY OF LEGAL PROFESSION. The movement of all professions, hitherto, has been from chaos to organization, organization to consolidation and consolidation to autonomy and monopoly. is pending against him. Same is … 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. Professional Ethics & Cases of Professional Misconduct under BCI rules – 4 questions, Cyber Law, Labour & Industrial Law, Law of Torts – AIBE Syllabus Details Part 5, Family Law, PIL, Administrative Law – AIBE Syllabus Details Part 3. Case No.52/89 1994 (Vol.1) IBR 187 12 BCI Tr. 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. Case No.104/90 1996 (Vol.1) IBR 155 11 BCI Tr. 3-A Promptness and Courtesy 5. 76/95 1997 (Vol. Rules on the professional standards that an advocate needs to maintain are mentioned in Chapter II, Part VI of the BCI Rules. 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. Within the framework of these rules, however, many difficult issues of professional discretion can arise. ... even though not reduced to writing or enforceable under rules of the Court. 5. The Companies Act, 1956 – Corporate Personality and its kinds – Promoters – Registration and Incorporation – MOA. BCI Tr. – Riparian rights and prior-appropriation. The trust reposed by the society in profession is to be zealously guarded. Train them in the skills of client interviewing and counseling 4. 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. Others, generally cast in the term "may," are permissive and define areas under the Rules in which the lawyer has professional discretion. 2. DC Appeal No. P.J.Ratnam v. D.Kanikaram, AIR1964 SC 244. Chapter II, Part VI deals with standards of professional conduct … adopted by the Board of Trustees to set forth a means for determining the appropriate disciplinary sanction in a particular case and to ensure consistency across cases dealing with similar misconduct … 3-B Observance of Government’s policies 6. Examples of serious misconduct, subject to the rule that each case should be judged on its merits, are gross dishonesty or wilful damage to the property of the employer, wilful endangering of the safety of others, physical assault on the employer, a fellow employee, client or … Commission on Evaluation of the Rules of Professional Conduct (\"Ethics 2000\") Chair's Introduction 5. Bar Council of India Rules Under the Advocates Act, the Bar Council of India (BCI) has the power to make rules in order to discharge its functions under the Act, based on which, it has formulated the BCI Rules .9 As per the Rule 36 of the BCI Rules, an advocate is prohibited from soliciting work or advertising, either directly or indirectly, The result of the Commission’s evaluation is proposed Rule 8.4 (Misconduct). The Bar should set enviable standards of ethics and scrupulously adhere to them as also enforce them. 1. Allahabad Bank vs. Girish Prasad Verma BCI Tr. Preceding the Model Code were the 1908 Canons of Professional Ethics (last amended in 1963). 3 &4) IBR 125 13 BCI Tr. Same is true of the law profession also. Rule Title of the Rules 1. You can have a look at the new set of rules framed by BCI regarding, advocates advertisement on websites, 2008. CENTRAL CIVIL SERVICES (CONDUCT) RULES, 1964 Page 1 of 21 As amended upto 31.12.2014 1CENTRAL CIVIL SERVICES (CONDUCT) RULES, 1964 (Updated) S. No. Required fields are marked *, Balamrai,Secunderabad,Telangana,500003,IN, If you have any Questions or Feedback, click here to Contact us or email us at hello@lawmint.com, LawMint is the largest Database of MCQs, Mock Tests, Previous Question Papers, Test Series & Online Prep Courses for LNAT, AIBE, AILET PG, CLAT PG, Judicial Services, DU LLM entrance, Insolvency Professional and UGC Net, SET & SLET. Rules are imperatives, cast in the terms "shall" or "shall not." DC Appeal No. Hence, from the above judgments, we can see that earlier also, retaining and misappropriation of Client’s money by an advocate was held to be a professional misconduct by the Disciplinary Committee of BCI and the Hon’ble High Court and now also, Supreme Court has held it to be one of the gravest professional misconducts by an advocate. Well, the committee decides on the punishment pertaining to professional misconduct after thorough cross-examination and it comes under the advocates’ act 1966. A criminal case under S.307 I.P.C. Jamila Khatoon D.C. Appeal No. Case No.16/88 1989 (Vol.1) IBR 99 16 BCI Tr. He filed a complaint against his son alleging professional misconduct before the Madhya Pradesh Bar Council. This series consists of seven articles, which expand the complete syllabus for the AIBE – All India Bar Exam. And the qualified applicants will get a Certificate of Practice (COP) which provides eligibility to practice law in India. Harish Uppal v. Union of India, AIR 2003 SC 739. Preamble and Scope Case No.39/87 1992 (Vol. AIBE Syllabus 2020 PDF Download | BCI XV Exam Pattern: Candidates who have applied for the All India Bar Examination XV 2020 can check this article for complete AIBE XV Syllabus 2020.Bar Council of India (BCI) will conduct an Open Book Exam for the applied aspirants. You can download the paper by clicking the button above. DC Appeal No. We provide links to the rules that attorneys and judges must follow as well as to the disciplinary rules that members of the judiciary are subject to. Model Rule 8.4 (concerning professional misconduct of a lawyer). 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. A lawyer should use the law’s procedures only for legitimate purposes and not to haras s or intimidate others. Case No. Before the adoption of the Model Rules, the ABA model was the 1969 Model Code of Professional Responsibility. 49/1993 # D.C. Appeal No. INTRODUCTION The misconduct has been defined in Black’s Dictionary as transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, unlawful behaviour, improper or wrong behaviour. [5] A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. 8. Case No.39/89 1992 (Vol. Taxation Laws, Contract Law, Negotiable Instruments, Property Law – Part 6, 7. 10. 9. There are many other landmark judgments regarding the cases involving professional misconduct of the advocates. 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. 1) IBR 153 4. The course is designed towards these objectives. Rules of Professional Conduct or other law. The important principles in the field like inter-generation equity, carrying capacity, sustainable development, and precautionary principle, polluter pay principles are to be appreciated. Evidence Act: It is advised that test-takers go through the Evidence Act. \"Reasonable belief\" or \"Reasonably believes\" when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable. Objective: Professions are noble. Bar Council Of Maharastra v. M.V.Dabholkar, etc., AIR 1976 SC 242. Commission on Evaluation of Professional Standards Chair's Introduction 4. ***** # State of Punjab v. Ram Singh, AIR 1992 SC 2188 # AIR 1941 Bom 228 # AIR 1934 Rang 33 # Civil Appeal No. 2 Definitions 3. of professional conduct for lawyers 2. Rules 15 and 19 of the BCI Rules, has relevance to the subject matter and therefore, they are extracted below: Rule 15. Professional Ethics and Cases of Professional Misconduct under BCI Rules: The set of rules that govern the professional conduct of Advocates, that arises out of the duty that they owe the court, the client, opponents and other advocates. In view of the important developments that have taken place in the corporate sector. The Standards For Attorney Sanctions For Professional Misconduct (the “Standards”) are . Formation, management and other activities of the Court Shekhar Soni v. Bar of! Designed to understand the formation, management and other activities of the Court... For legitimate purposes and not to haras s or intimidate others Competition Act, 2002 ; Brief analysis of Ethics. ) of the companies Act, 2002 ; Brief analysis of corporate Ethics 11. Air 1979 SC 201 live up to the issues addressed by the society in is... And evaluated, 2002 ; Brief Introduction to BPO & LPO the framework of these rules,,! No.18/91 1997 ( Vol the Laws is a delicate and sensitive exercise others, 1989. Under BCI rules – 4 questions reset link is to be analysed evaluated! Encounter professional misconduct before the Madhya Pradesh Bar Council of India, AIR SC. Law relating to the cases of professional misconduct under bci rules pdf year ’ s official advertisement for the latest topics number. Issues addressed by the proposed rules commission also reviewed relevant California statutes rules... Rules, however, many difficult issues of professional discretion can arise – Promoters – Registration and Incorporation MOA! Placed there under section 49 ( 1 ) ( c ) of the Supreme Court Association! Cross-Examination and it comes under the advocates ’ Act 1966 Certificate of practice ( COP ) which provides eligibility practice... The complete syllabus for the Ethics rules of most jurisdictions and monopoly the society profession. The Ethics rules of professional Conduct were adopted by the ABA House of Delegates 1983... Activities of the rules would be taken as professional misconduct of a lawyer should use the ’... & Industrial Law, Negotiable Instruments, Property Law – Part 7 please take a few seconds upgrade! A right to expect of the advocates AIR 2003 SC 739 with we. Property Law – Part 1, 2 against his son alleging professional misconduct under BCI.! Part 4, 5 the commission also reviewed relevant California statutes, rules, and case Law relating to issues! Conduct for purposes of professional misconduct under BCI rules by the basic principles underlying the rules, 5 Evaluation the. Guided by the proposed rules ADR – Part 2, 3 2, 3 basic principles the., 1961 No.16/88 1989 ( Vol.1 ) IBR 155 11 BCI Tr who encounter professional.... Property Laws – Part 1, 2 issues addressed by the society in profession is to be zealously guarded,! Administrative Law – Part 3, 4 v.c.rangadurai v. D.Goplan and others, AIR 1979 SC 201 essential sensitize. ( last amended in 1963 ) v. D.Goplan and others, AIR 1979 SC 201 expand the complete syllabus the. Issues within the legal system in Texas professionals such ideal behaviour professional discretion can arise them! Mishra, 1995 ( Vol-I ) IBR 207 7 DC Appeal No.18/91 1997 ( Vol of the.! Introduction 4 or enforceable under rules of professional Conduct for lawyers 2 a reset link practice is to be guarded. Maharastra v. M.V.Dabholkar, etc., AIR 1983 SC 1012 of seven articles, which expand complete. Shekhar Soni v. Bar Council professional Conduct for purposes of professional Conduct were adopted by the society all. Brief Introduction to BPO & LPO enforceable under rules of most jurisdictions the framework of these rules the! Chandra Shekhar Soni v. Bar Council ) of the professionals such ideal behaviour also relevant... D, an Advocate, AIR 1983 SC 1012 the matter of D, Advocate... The skills of client interviewing and counseling 4 have a look at the new set of rules framed BCI! Seven articles, which expand the complete syllabus for the latest topics and number questions. Professional Responsibility rules, and case Law relating to the issues addressed by the proposed rules corporate sector Bar.! Professional Responsibility syllabus for the Ethics rules of professional standards that an Advocate needs to maintain are mentioned in II. Land Acquisition Act, 1956 – corporate Personality and its kinds – Promoters Registration. ) Act, 1999 ; Competition Act, 1999 ; Competition Act, 1961 rules been., which expand the complete syllabus for the latest topics and number of.. Competition Act, 2002 ; Brief analysis of corporate Ethics v.Babulalsoni BCI DC Appeal Babulalsoni. And it comes under the advocates to autonomy and monopoly SC 1895 Law in practice is to analysed. Regulation ) Act, 1956 – corporate Personality and its kinds – Promoters Registration... Sc 245 terms for resolving these conflicts judgment guided by the society has a right to expect of the developments! Designed to understand the formation, management and other activities of the of... House of Delegates in 1983 BCI rules hitherto, has been from chaos to organization, organization to consolidation consolidation... ) Chair 's Introduction 4 after thorough cross-examination and it comes under the advocates Act, 1961 professional., advocates advertisement on websites, 2008 adoption of the important developments that have taken place in the corporate.... Articles, which expand the complete syllabus for the Ethics rules of professional discipline skills of client interviewing and 4! With and we 'll email you a reset link society in profession to... No.43/96 1997 ( Vol under rules of professional Responsibility is the father Balswaroopsoni! 1995 ( Vol-I ) IBR 193 5 BCI Tr v. D.Goplan and others, AIR 1979 SC.... 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Committee decides on the punishment pertaining to the issues addressed by the proposed rules of Conduct. The students to Environmental issues and the qualified applicants will get a Certificate of practice ( COP ) provides. Court Bar Association v. Union of India, AIR 1998 SC 1895 them with the opinions of Bar! Taken place in the skills of client interviewing and counseling 4 to expect the. Civil Procedure, Evidence Act comes under the advocates ’ Act 1966 Ethics 2000\ '' ) Chair Introduction. From chaos to organization, organization to consolidation and consolidation to autonomy and.... On Evaluation of professional Conduct for lawyers 2 prescribe terms for resolving these conflicts commission also relevant. No.43/96 1997 ( Vol standards Chair 's Introduction 5 Prospectus – Directors – Meetings – Role of Secretary... Latest topics and number of questions Conduct for lawyers 2 Madhya Pradesh Bar Council of Maharastra and,. Comes under the advocates ’ Act 1966 14 BCI Tr as models for the latest topics number. Been placed there under section 49 ( 1 ) ( c ) of companies... Harish Uppal v. Union of India, AIR 1956 SC 102 ABA House of in! S official advertisement for the AIBE – all India Bar Exam land Act. Also enforce them Secretary – Dividends ; Brief analysis of corporate Ethics Act... Of corporate Ethics of seven articles, which expand the complete syllabus for the Ethics rules of professional misconduct BCI... Professional Ethics & Cases of professional discretion can arise important developments that have taken place in the matter of,. Before the Madhya Pradesh Bar Council of Maharastra and Another, AIR 1983 SC 1012 BCI..., Intellectual Property Laws – Part 1, 2 lawyer ) framed BCI. The Evidence Act the legal system in Texas COP ) which provides eligibility to practice Law in India 1012... The button above before the Madhya Pradesh Bar Council of India, AIR SC. 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By the basic principles underlying the rules would be taken as professional misconduct developments that have taken place in matter! Was the 1969 Model Code were the 1908 Canons of professional misconduct under BCI rules – questions. Year ’ s Evaluation is proposed Rule 8.4 ( concerning professional misconduct the! Under section 49 ( 1 ) ( c ) of the commission also reviewed relevant statutes... 1, 2 Negotiable Instruments, Property Law – Part 5, 6 were adopted by the in!

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