- (1.) INTRODUCTION: An order of the Bar Council of India dated 27-2-1999 passed in BCI TR No. 73/1997 refusing to enquire into a complaint of purported misconduct on the part of the respondent herein is in question in this appeal preferred by the Appellant herein under Section 38 of the Advocates Act, 1961.
(2.) The relationship between the appellant and the respondents herein is that of landlords and tenant. A rent control proceeding was initiated by the respondents against the appellant. While the rent control proceeding was pending in the small cause Court, they allegedly misconducted themselves by reason of following acts of omissions and commissions :- (1) On 8-10-1993 when the appellant came out of the Court hall of the said Court after attending the appeal pending there, the first respondent allegedly came from behind and hit him on his back and ran away. (2) On 26-10-1993 while the appellant was coming out of the Court hall, the first respondent accompanied with some rowdy elements threatened to kill him. The matter was allegedly reported to the police on the same day. (3) On 1-3-1995 when the learned Xth Judge left for his chamber during the lunch break and while the appellant was leaving the Court hall along with his advocate Shri S. Vijayranjan, the first respondent kicked him on the knee of his left leg in the Court room with an intention to cause injury and further asked him not to appear in the Court for evidence.
(3.) The disciplinary committee of the Bar Council of Tamil Nadu upon receipt of the said complaint of the appellant herein initiated a proceeding. The matter ultimately appeared to have been transferred to the disciplinary committee of the Bar Council of India.;