Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Malicious
1 Substantially certain to cause injury. 2. Without just cause or excuse. malicious abandonmentSee ABANDONMENT
Malicious arrest
an arrest made without probable cause and for an improper purpose; esp., an abuse of process by which a person procures the arrest (and often the imprisonment) of the plaintiff by means of judicial process, without any reasonable cause. 0 malicious arrest can be grounds for an action for abuse of process, false imprisonment, or malicious prosecution.
malicious abandonment
The desertion of a spouse without just cause. See criminal desert][ion under DESERTION.
malicious abuse of legal process
See ABUSE OF PROCESS.
malicious abuse of process
See ABUSE OF PROCESS.
malicious accusation
See ACCUSATION,
malicious act
An intentional, wrongful act performed against another without legal justification or excuse.
malicious arrest
See ARREST
malicious assault with a deadly weapon
See ASSAULT.
malicious bankruptcy
An abuse of process by which a person wrongfully petitions to have another person adjudicated a bankrupt or to have a company wound up as insolvent. malicious damageSee MALICIOUS MISCHIEF.
malicious execution
An abuse of process by which a person, maliciously and without reasonable cause, issues an execution against the property of a judgment debtor.
malicious injury
1. An injury resulting from a willful act committed with knowledge that it is likely to injure another or with reckless disregard of the consequences. 2. MALICIOUS MISCHIEF.
malicious killing
An intentional killing without legal justification or excuse.
malicious mischief
The common-law misdemeanor of intentionally destroying or damaging another's property. ( Although modern statutes predominantly make this offense a misdemeanor, a few make it a felony (depending on the nature of the property or its value). - Also termed malicious mischief and trespass; malicious injury; malicious trespass; malicious damage; maliciously damaging the property of another; (in the Model Penal Code) criminal mischief. "Such phrases as 'malicious mischief and trespass,' 'malicious injury,' and 'maliciously damaging the property of another,' are merely additional labels used at times to indicate the same offense. It was a misdemeanor according to the common law of England, although some confusion has resulted from Blackstone's statement that it was 'only a trespass at common law.' Before the word 'misdemeanor' became well established the old writers tended to use the word 'trespass' to indicate an offense below the grade of felony. And it was used at times by Blackstone for this purpose, as in the phrase 'treason, felony, or trespass."' Rollin M. Perkins & Ronald N. Boyce, Criminal Law 405 (3d ed. 1982).
malicious motive
A motive for bringing a prosecution, other than to do justice.
malicious prosecution
1 The institution of a criminal or civil proceeding for an improper purpose and without probable cause. 2. The cause of action resulting from the institution of such a proceeding. ( Once a wrongful prosecution has ended in the defendant's favor, he or she may sue for tort damages. - Also termed (in the context of civil proceedings) malicious use of process. Cf. ABUSE OF PROCESS; VEXATIOUS SUIT. "The distinction between an action for malicious prosecution and an action for abuse of process is that a malicious prosecution consists in maliciously causing process to be issued, whereas an abuse of process is the employment of legal process for some purpose other than that which it was intended by the law to effect - the improper use of a regularly issued process. For instance, the initiation of vexatious civil proceedings known to be groundless is not abuse of process, but is governed by substantially the same rules as the malicious prosecution of criminal proceedings." 52 Am. Jur. 2d Malicious Prosecution § 2, at 187 (1970).
malicious trespass
See MALICIOUS MISCHIEF.
malicious use of process
See MALICIOUS PROSECUTION.
maliciously damaging the property of another
See MALICIOUS MISCHIEF.
willful and malicious injury
Bankruptcy. Under the statutory exception to discharge, damage to another entity (such as a creditor) caused by a debtor intentionally performing a wrongful act - without just cause or excuse -that the debtor knew was certain or substantially certain to cause injury. 11 USCA § 523(a)(6).