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august 1975

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.

R. K. LAKSHMANAN vs A. K. SRINIVASAN & ANR. · Niyam