Amar Singh vs Smt. Bhagwati on 29 May, 2000
In Bharat Commerce Industries v. S. N. Shukla (AIR 1966 Cal 388) (supra) the Division Bench of Calcutta High Court observed, as under (paras 7, 13) :--
Search Results Page
Search Results
1 - 10 of 17 (0.86 seconds)Documents citing
Bharat Commerce And Industries Ltd. vs Surendra Nath Shukla And Ors. on 21 September, 1965
Adarsh vs Kajal on 15 January, 2024
9. Reference may also be made to the judgment of the Division
Bench of the Calcutta High Court in Bharat Commerce and
Industries Ltd. Vs. Surendra Nath Shukla AIR 1966 Calcutta 388
observing, that though in the past, "malice" was identified with
"lack of reasonable and probable cause" and often malice was
inferred from lack of reasonable and probable cause but the
concept of malice is to be kept distinct from the concept of lack of
reasonable and probable cause; malice denotes spite or hatred
against an individual and prosecution can be held to be
malicious only if it is found to be vindictive, initiated to malign
the plaintiff before the public or guided by purely personal
Suit No. 524/23 Adarsh v. Kajal & Ors. Page 9 of 11
consideration. It was reiterated that if there is an honest belief
that the accusation is true, then even though the belief is
mistaken, the charge may still be reasonable and probable.
M.Abubaker vs Abdul Kareem on 21 April, 2021
12.In Bharat Commerce and Industries Ltd. vs. Surendra Nath
Shukla and Ors. (AIR 1966 Cal 388), the principles were accurately laid down
in the following terms :
Major General Mahabir Shum Sher Jung ... vs Lloyds Bank Ltd. And Anr. on 29 May, 1967
25. Reference was made by counsel for the defendant to a Bench Decision in Bharat Commerce and Industries v. Surendra Nath Sukla and to the observations in paragraph 15 at p. 396 of the report that unless particulars were furnished there will be no liability.
Pawan Kumar And Anr. vs Hans Raj on 22 July, 2005
In support of his submission he has placed reliance on a Division Bench judgment of the Calcutta High Court in the case of Bharat Commerce and Industries Ltd. v. Surendra Nath Shukla and Ors., A.I.R. 1966 S.C. 388.
K.B. Mathur And Anr. vs Sheel Kumar Saxena And Anr. on 16 September, 1991
(27) Lastly, Counsel for the defendants referred to M/s. Bharat Commerce & Industries Ltd. v Surendra Nath Shukla & Others, , wherein same principles as have been culled out above from other judgments, have been laid down.
Gangadhar Padhy vs Prem Singh on 15 January, 2014
9. Reference may also be made to the judgment of the Division Bench of
the Calcutta High Court in Bharat Commerce and Industries Ltd.
Vs. Surendra Nath Shukla AIR 1966 Calcutta 388 observing, that though in
the past, "malice" was identified with "lack of reasonable and probable
cause" and often malice was inferred from lack of reasonable and probable
cause but the concept of malice is to be kept distinct from the concept of
lack of reasonable and probable cause; malice denotes spite or hatred against
an individual and prosecution can be held to be malicious only if it is found
to be vindictive, initiated to malign the plaintiff before the public or guided
by purely personal consideration. It was reiterated that if there is an honest
belief that the accusation is true, then even though the belief is mistaken, the
charge may still be reasonable and probable.
Sh. Dharamvir vs Smt. Raj Bala on 20 July, 2009
21 Ld. counsel for defendant further relies upon para 7 of
'Bharat Commerce and Industries Ltd. Vs. Surendra Nath Shukla
and others' AIR 1966 Calcutta 388 (V 53 C 66) as observed:
Prem Kumar vs M/S North Delhi Power Ltd on 6 July, 2024
Deepak Rathaur & Anr. Vs. Shashi Bhushan Lal Dass RSA No. 1/2016
decided on 23.09.2016
iv. West Bengal State Electricity Board Versus Dilip Kumar Raw 2007 14 SSC
568
v. M/s Bharat Commerce nnd Industries Ltd. Vs. Surendra Nath Shukla and ors.
AIR 1966 (Cal) 388
Ashish Bhalla vs Vishvendra Singh on 28 August, 2024
It was held by the Calcutta High Court in Bharat Commerce and
Signature Not Verified
Digitally Signed CS (OS) 65/2020 Page 14 of 22
By:VIKAS ARORA
Signing Date:31.08.2024
10:52:14
Industries Ltd. v. Surendra Nath Shukla and Ors. AIR 1966 Cal 388 that
„Malice‟ is "lack of reasonable and probable cause".