Malicious prosecution -- Damages - Lodging of false FIR - Acquittal of accused - Relations between parties strained on account of a suit having been filed by plaintiff against his wife and defendant for dissolution of marriage with the allegation of illicit relations between the two - Report lodged by defendant against the plaintiff found to be false and without any..........
Court Fees -- Malicious prosecution - Suit for damages - Court fee - For jurisdiction purposes suit valued at Rs.2 crores and for purposes of court fee suit valued at about Rs.2 lacs - Where Court is unable to say what the correct valuation of the relief is, it cannot require plaintiff to correct the valuation as has been made by him - In such case, Court has no other..........
Malicious prosecution -- Damages - Reasonable and probable cause to be proved - Reasonable and probable cause means a genuine belief based on reasonable grounds that the proceedings are justified - No action lies for the institution of legal proceedings, however malicious, unless they have been instituted without reasonable and probable cause - Burden of proving absence of..........
Counsel -- Arbitrary and malicious advice to client - Claim for damages - Suit not maintainable because Counsel is entitled to give opinion in a given subject to his client and it is for the client to accept the opinion and to act or not to act on the basis of such opinion...........
Malicious prosecution -- Suit for damages - Essential element - Action with malice and that it was without any reasonable and probable cause must be proved...........
Malicious prosecution -- Suit for damages - Without any reasonable and probable cause - Meaning - Means a genuine belief, based on reasonable grounds, that the proceedings are justified - As regards grounds for belief, even if the defendant honestly believed the proceedings to be justified, there is no reasonable and probable cause unless this belief was based on..........
Malicious prosecution -- Suit for damages - Lodging of FIR which is not wrong to knowledge of person filing it - Such person cannot be termed as wrong doer...........
Civil Procedure Code, 1908, Section 95 -- Temporary injunction - If it was applied for on insufficient grounds or there were no reasonable or probable grounds for instituting the claim for injunction - Summary remedy u/s 95 CPC does not in any way interfere with the principles regulating suits for damages for tort of malicious legal process - A regular suit for..........
Civil Procedure Code, 1908, Section 95 -- Summary proceedings and regular suit for damages for tort of malicious legal process - Difference - There is a difference between conditions necessary for the maintainability of an application u/s 95 CPC and those necessary to maintain a suit - The regular suit is based on tort for abusing the process of Court - Under the law of..........
Tort -- Damages - Malicious proceedings - Separate suit for damages is maintainable - S.35-A CPC is not a bar...........
