Malicious Prosecution -- Meaning of Malice - Malice implies where one deliberately injures another in an unlawful manner - In legal sense malice imports absence of all elements of justification, excuse or recognized mitigation and presence of either an actual intent to cause particular harm which is produced or harm of same general nature or wanton and willful doing of an..........
Malicious Prosecution -- Expression "reasonable and probable cause" - Means a genuine belief based on reasonable grounds that proceedings are justified...........
Malicious Prosecution -- Damages - Parties litigating against each other on civil and criminal side - Institution of civil and criminal cases by defendant against plaintiff cannot be said to be without any reasonable and probable cause with malice...........
Malicious Prosecution -- Damages - No evidence that complaint filed by defendants was with malice and without there being any reasonable and probable cause - Basic ingredients of malicious prosecution not deposed - Damages/compensation denied - Appeal dismissed...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for damages on account of defamation, causing physical and mental harassment, agony and malicious prosecution - Principles of evaluation of suits as in simple suits for recovery of liquidated claims will not apply for the purpose of Court fee in a suit for damages - Valuation put by plaintiff has to be tentative and..........
Limitation Act, 1963, Section 12(1), Article 74 -- Malicious prosecution - Limitation to file suit is one year - Cause of action when based on judgment of acquittal then date of delivery of judgment has to be excluded - Plea that time taken by Court to supply the certified copy of judgment has to be excluded, rejected...........
Criminal Procedure Code, 1973, Section 250 -- Malicious prosecution - Compensation - Acquittal in an offence under NDPS Act - Acquittal on the foundation that there was delay in obtaining report from FSL and further the test showed that seized items did not contain any contraband article - Nothing on record to show lapse on the part of seizing officer - No evidence of..........
Malicious prosecution -- An innocent person harassed by police through unjustified incarceration and prosecution, must be compensated...........
Malicious prosecution -- Damages - Three circumstances would require to be fulfilled: (i) prosecution of claimant in a criminal case; (ii) acquittal in criminal case; and (iii) proof of malice of prosecutor...........
Malicious prosecution -- Damages - False case registered against petitioner for raping his own daughter - Petitioner detained in the house of suspects for 4/5 days before he was arrested - Police investigated the case with malice - No evidence on record to prove that petitioner raped his own daughter - Accused finally acquitted - Rape case pending for 16 years - State..........
