Abirami V, Sastra Deemed to be University
FACTUAL MATRIX OF THE CASE:
A rent control proceeding was initiated by the respondent on the appellant which was pending in small causes court. While this was pending, the respondents have allegedly engaged in misconduct towards the appellant. Three incidents have been noted down, 8.10.1993, 26.10.1993, 1.3.1995 respectively where the respondent had physically attacked the appellant by attacking him from the back, threatening him with rowdy weapons and hitting him on the knee. The complaint was first lodged in disciplinary committee of Bar Council of Tamil Nadu and it was later forwarded to the Bar Council of India. The impugned order passed by the Bar Council of India premised its order on the fact that no criminal complaint was lodged by the appellant, no charge sheet had been filed by the police and the appellant had not followed up with the police nor did he produce any documentary evidence to substantiate his claims. It is also to be noted that the respondent did not appear to the proceedings as an advocate but as a party in person. It was concluded that the claims were not reliable. This matter was appealed to the Supreme Court of India under section 38 of the Advocates act.
