All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

Practice Mode:
66.

An advocate cannot directly or indirectly bid for or purchase (either in the advocate's own name, or in any other name) property for the advocate's own benefit or for the benefit of any other person :

A: When the property is sold in the execution of a decree or order in any suit, appeal, or other proceeding in which the advocate was in any way professionally engaged.
B: When it is property that the client may legally purchase or bid for.
C: When the client has expressly authorized the advocate to bid on his behalf.
D: When it involves a share or interest in an actionable claim.
E: None of the above.

The answer is: A

Explanation

The correct answer is A: When the property is sold in the execution of a decree or order in any suit, appeal, or other proceeding in which the advocate was in any way professionally engaged. This is because Rule 11 of the Rules on Professional Standards of the Bar Council of India states:

"An advocate should not by any means bid for, or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in any legal proceeding in which he was in any way professionally engaged."

The other options are either incorrect or irrelevant to the rule. Option B is incorrect as it contradicts the rule. Option C is irrelevant as it does not mention anything about the professional engagement of the advocate. Option D is also irrelevant as it does not specify the nature of the proceeding or the involvement of the advocate. Option E is incorrect as it negates all the other options.