Supreme Court of India · 1975-08-01
R. K. LAKSHMANAN vs A. K. SRINIVASAN & ANR.
- Citation / case number
- SC 1975/60650
- Court
- Supreme Court of India
- Petitioner
- R. K. LAKSHMANAN
- Respondent
- A. K. SRINIVASAN & ANR.
- Author
- RANJIT SINGH SARKARIA
- Bench
- RANJIT SINGH SARKARIA
Judgment text excerpt
The Supreme Court upheld the High Court's decision to quash a notice issued by a District Magistrate to an advocate, ruling that the notice constituted an abuse of process under Section 561A of the Criminal Procedure Code. The Court established that remarks against individuals involved in court proceedings must be justified by evidence, necessary for the case, and that the individual must have an opportunity to defend themselves. The Court found that the notice was issued in bad faith and was arbitrary, thus affirming the High Court's findings.