Law:

Section:

(a) Malicious prosecution-------Damages---Assessment---Principles---Plaintiff filed suit for damages on the ground that defendant lodged an application to District Police Officer by leveling frivolous and baseless allegations---Trial Court dismissed the suit due to non-mentioning and proving the quantum of damages--- Validity--- Plaintiff had 28 years of unblemished uniformed service and carried good reputation in the village---Defendant had locked plaintiff in civil litigation due to his property in the village and he was disgraced/insulted due to allegations and raid of police---Trial Court had decided each and every issue and circumstances in favour of plaintiff besides holding that element of malice had been proved---Plaintiff was non-suited due to non-mentioning and proving the quantum of damages which was not requirement of law and due to the same suit could not be dismissed---Essentials of malicious prosecution were proved beyond shadow of doubts as defendant levelled criminal charges but nothing was proved after police raid---Malice was previous civil litigation which was without reasonable and probable cause and raid by police had affected the reputation of plaintiff---Every person in the society had a right to set in motion Government and Judicial machinery for protection of his rights but said person should not infringe the corresponding rights of others by instituting improper legal proceedings in order to harass by unjustifiable litigation---Plaintiff had not specified the damages and general damages were to be assessed---Loss arising out of injury to reputation of a person could not be compensated in terms of money but for said reason alone courts should not decline to grant compensation---Just, fair and reasonable compensation was to be assessed in such cases and same was to be granted to the victim(s)---No yardstick or definite principle for assessing damages existed in such cases and assessment of fair compensation was difficult---Court had discretion in such cases which would depend on facts of each case and how far society would deem a fair sum determining the amount to be awarded to a person who had suffered such damages---General damages…

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