N.S.(Appellant) v. K.V.(Respondent) BCI DC Appeal No.14/198

The appellant was a Govt. Pleader and the respondent was aSenior Advocate of 33 years experience in the Madras High Court. On12-11-1986 when he was going to the Bar Association, the appellant informed him that he made a mention of a case before a Judge in whichrespondent was appearing for the opposite party. The respondent told the appellant that he had not been previously informed about it and that he has no notice that the appellant is going to make a mention in the case; so``I will see to it’’. Immediately the appellant without any justification abused the respondent in a very bad manner using vulgar words.


K.V. filed a complaint before the Bar Council of Tamilnadu. N.S.denied all the allegations, but admitted that heated exchange of words took place between them. After examining both the parties, the Disciplinary Committee found him guilty of professional misconduct and suspended him from practice for a period of 6 months.


N.S. challenged this order before the Bar Council of India. The main question in the appeal is whether the abusive language used by the appellant against the respondent would amount to professional misconduct. The Bar Council of India held that it amounts to professional misconduct but it held that the suspension of N.S. from practice for a period of 6 months is not necessary and reprimanded with strong words.




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