Home Maxims & Terms Frivelous litigation meaning in Urdu
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Frivelous litigation

Frivelous litigation legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2016 PLC(CS) 845 PESHAWAR-HIGH-COURT Judicial Precedent
Maxim:- Ubi jus ibi remediumFrivelous litigation

Where there was a right there was a remedy, a person had a right of fair treatment and free enjoyment of peaceful society and he undoubtedly was vested with right of remedy as well

Courts were conscious about elementary question for consideration that whether a party was bringing an unfounded action, not with a view to vindicate justice but for the purpose of harassing the opponents

Prevention of vexatious litigation was also an essential and prime object and people must resort to courts for vindicating justice and not for harassing others which in turn gave rise to right of action against the plaintiff of frivolous and vexatious litigation

Tendency of abuse of process of court and harassing the innocents was on increase which was incongruous to the concept and scheme of law of torts as such was required to be curbed at every level to ward off and thwart the flood of unwarranted litigation.

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Precedents & Case Laws citing "Frivelous litigation"

PLC(CS) 2016
In the report, history of tort has been traced, since the judgment in Wilkinson v. Downton [1897] 2 QB 57 decided on 8th May, 1897. The case law encompasses a civil wrong causing mental distress, psychological impact or injury by an intentional, malicious or negligent act. The claimant for damages is also required to establish that act was not only malicious and intentional but was also without any justification. To supplement the proposition, opening part of Para 74 is relevant which runs as follows:-

2016 P L C (C

AHMAD HASSAN Versus MUHAMMAD ARSHAD

Court: Peshawar High Court