Law:

Section:

(a) Malicious prosecution---   ----Suit for damages---Plaintiff filed suit for damages on the ground that he was acquitted of the charge in F.I.R. lodged by the defendant in relation to snatching of a sale agreement---Suit was partially decreed by the Trial Court---Validity---Trial Court had based its findings on certain documents but said documents were neither tendered in evidence nor exhibited---Documents neither tendered in evidence nor produced and exhibited could not be relied---Such documents could not be made basis for decision of a lis rather were treated as non-existent---Defendant was not afforded opportunity of cross-examination on said documents---Trial Court could neither consider such documents as a valid piece of evidence nor same could be used against the defendant---Documents were illegally taken into consideration and were believed though were not referable---Plaintiff had failed to prove the case by producing cogent and confidence inspiring evidence and also failed to justify the compensation demanded on various counts---Defendant was right to lodge the report as there was a probable cause for lodging the same---Prima facie, there was no malice on the part of defendant---Trial Court did not take into consideration the basic elements on the basis of which suit for malicious prosecution could be accepted or rejected---No doubt plaintiff had proved that there was a case against him and he was arrested but rest of elements could not be proved by him---Plaintiff was required to prove want of reasonable and probable cause for prosecution and defendant acted maliciously---Plaintiff had failed to prove elements entailing him for the decree prayed for---Defendant had succeeded to prove that he acted with reasonable and probable cause---Trial Court mis-appreciated the facts, mis-applied the law and mis-read the evidence---Findings drawn by the Trial Court being perverse and un-sustainable could not be maintained---Appeal was accepted and and decree passed by the Trial Court were set aside and suit was dismissed.    (b) Malicious prosecution---   ----Elements to be taken into consideration---Elements on the basis of which suit for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492