Tort Malicious Prosecution
Tort Malicious Prosecution legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Plaintiff had not been able to substantiate his cause through any tangible evidence on record; he had not only to prove that the prosecution ended in his favour but also that same was without reasonable and probable cause
Plaintiff had also to prove any enmity, grudge, ill will, hatred or malice with the defendant
Order on the basis of which plaintiff had brought present suit was for discharge of accused and not an order for acquittal
No damages could be claimed on the basis of discharge of accused
Trial Court had properly appraised the evidence brought on record
Appeal was dismissed in circumstances.
Malicious prosecution-Governor according sanction for prosecution of plaintiff- Province,-he/J, responsible for prosecution of plaintiff:
"Tort Malicious Prosecution", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/3735
Precedents & Case Laws citing "Tort Malicious Prosecution"
P L D 2003 Azad J&K 1
KHURSHID IQBAL‑‑‑Appellant Versus ALLIED BANK OF PAKISTAN through Zonal Manager, Allied Bank of Pakistan, Mirpur and 2 others‑‑‑Respondents
Court:P L D 1975 Lahore 1238
Ch. ABDUL GHANI GRUMMAN‑Plaintiff Versus PROVINCE OF PUNJAB AND 2 OTHERS‑DEFENDANTS:
Court:P L D 1970 Karachi 344
ABDUR RASHID‑Plaintiff Versus THE STATE BANK OF PAKISTAN AND ANOTHER
Court: (b) Tort‑Malicious prosecution‑Reasonable and probable cause for prosecution‑Question whether same existed or not to be determined independently of fact that conviction in criminal proceedings was secured in Court of first instance and acquittal was obtained only on appeal‑ladubar Singh and others v. Sheo Saran Singh I L R 21 All. 26 ; Shama Bibi v. Chairman of Baranagore Municipality (1910) 6 I C 675 ; Sowrendra Mohan Sinha v. Soshi Bhusan Keor and others A I R 1919 Cal. 134 ; Jagnarain Dubey v. Bidapat Dubey A I R 1923 Pat. 344 ; Dhanjishaw Rattani Karanji v. Bombay Municipality and others A I R 1945 Born. 320 ; Halsbury's Laws of England. Vol. 25. 3rd Edn., p. 355 and Reynolds v. Kennedy (1784) 1 Wits 232 dissented from.1996 C L C 206
SHER MUHAMMAD and 8 others‑‑‑Petitioners Versus ISMATULLAH and 3 others‑‑‑Respondents
Court: Quetta2003 Y L R 136
AMEERUDDIN‑‑‑Plaintiff Versus FAZALUR RAHIM KHAN‑‑‑Respondent
Court: KarachiP L D 1964 Dacca 618
MUHAMMAD MANTAZUDDIN‑Appellant Versus SHAMSUR RAHMAN‑Respondent
Court:P L D 1970 Karachi 757
ABDUL WAHAB KHAN‑‑‑Plaintiff Versus MESSRS PAKISTAN AVIATION LTD., KARACHI‑
Court:2000 Y L R 1751
ALI HAIDER ‑‑‑Appellant Versus MUHAMMAD AKRAM‑‑‑Respondent
Court: Azad J&KP L D 1947 Privy Council 95
MUHAMMAD AMIN-Appellant Versus JOGENDRA KUMAR BANNERJEE and others-Respondents
Court:P L D 2006 Supreme Court 432
NIAZ and others — Petitioners Versus ABDUL SATTAR and others — Respondents
Court: High Court