Dr.D.V.P.Raja v.D.JayabalanBCI DC Appeal No.43/1996

The appellant lodged a complaint with the Bar Council of Tamil Nadu alleging that the respondents application in the form of complaints addressed to various authorities amounts to professional to misconduct. The State Bar Council passed a resolution that there is a prima facie case of professional misconduct and it was placed before the Disciplinary committee of the State Bar Council for its adjudication.


Before the Disciplinary Committee the respondent raised a preliminary issue that the Disciplinary Committee has no jurisdiction in this matter because there is no connection between his standing as lawyer and his representation to various authorities. The Disciplinary Committee of the State Bar Council also accepted this argument and dismissed complaint without going in to the merits of the complaint. The Disciplinary Committee held that there was no nexus or proximity in his standing as a lawyer and his to various authorities.


Against this order an appeal was filed before Bar Council of India. In the Bar Council of India it was argued that the Bar Council of Tamil Nadu having passed a resolution that there is a prima facie case against the respondent, the Disciplinary Committee could not have dismissed the complaint without hearing it on merits.


After hearing both the sides the Bar Council of Tamil Nadu has passed a resolution that there is a prima facie case to be enquired in to by the Disciplinary Committee has no power to consider the question of its jurisdiction on the matter.

The decision of the Bar Council of Tamilnadu is good and valid.



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