R. K. LAKSHMANAN versus A. K. SRINIVASAN & ANR.

R. K. LAKSHMANAN versus A. K. SRINIVASAN & ANR.

The High Court's remarks were justified and integral to its order since the appellant had ample opportunity to explain his conduct, there was material justifying the remarks, and excising them would undermine the rationale of the order.

Parties
Appellant: R.K. Lakshmanan; Respondent No. 1: A.K. Srinivasan; Respondent No. 2: K.R. Nambiar
Jurisdiction
India
Judgment Date
01 August 1975
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave After High Court Rejection of Expunction Application
Outcome
Appeal dismissed
Legal Topics
Expunction of Remarks, Judicial Conduct, Abuse of Process
Criminal Law Judicial Procedure Expunction of Remarks Judicial Conduct Abuse of Process

Case Brief

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Parties

R.K. Lakshmanan

Appellant

A.K. Srinivasan

Respondent No. 1

K.R. Nambiar

Respondent No. 2

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave After High Court Rejection of Expunction Application

Legal Issues

  1. 1 Whether disparaging remarks made by High Court should be expunged
  2. 2 Tests for expunging remarks against persons or authorities whose conduct comes before courts

Ratio Decidendi

The High Court's remarks were justified and integral to its order since the appellant had ample opportunity to explain his conduct, there was material justifying the remarks, and excising them would undermine the rationale of the order.

Court Disposition

Appeal dismissed