Law: Constitution of Pakistan, 1973

Section: 4,9,14,25

Law: Criminal Procedure Code (V of 1898)

Section: 100

Law: Civil Procedure Code (V of 1908)

Section: 35(1)(i)(iii)(IV)

Constitution of Pakistan, 1973-- ----Arts. 4, 9 , 14--Principles of malicious prosecution--Right to liberty, right to dignity--Principles settled in relation to malicious prosecution, damages are imposed on one who abuses process of law and to produce consequences for another and settle past scores-- Subjecting a person to malicious prosecution can interfere with the right to liberty guaranteed under Article 9, the right to dignity under Article 14 and the right to be treated in accordance with law guaranteed under Article 4 of the Constitution--Such prosecution inflicts financial hardship, litigation cost, mental anguish as well as loss of reputation on the person who is on its receiving ends having been falsely implicated in a matter.[P. 67] C Maxim-- ----Ubi jus, ibiremedium--(where there is a right, there is a remedy). Civil Procedure Code, 1908 (V of 1908)-- ----S. 100--Discretionary jurisdiction--Where no damages are quantified by plaintiff a Court has discretionary jurisdiction to grant damages for loss of liberty, dignity and mental anguish that is reasonably proportionate to what plaintiff can be presumed to have suffered. Constitution of Pakistan, 1973-- ----Arts. 14 , 25--Malicious prosecution--Loss of liberty--Dignity and reputation of respondents--Damages of--Initiating of criminal case were subjected to malicious prosecution by appellant, trial Court put a tag of Rs. 500,000/- on loss of liberty, dignity and reputation of respondents had spent 22 days behind bars--They remained embroiled in a criminal case initiated on basis of an FIR and continued subsequently through a private complaint filed by appellant in 2004, which trudged along from 2004 till 2011 and culminated with august Supreme Court finding no merit in it. Civil Procedure Code, 1908 (V of 1908)-- ----S. 100--Quantum of damages--Determination of damages--Jurisdiction--Quantum of damages awarded by trial Court appears to fall below any rational baseline for value that must attach to liberty, dignity and reputation of each and every citizen--But determination of such damage was not appealed by respondents and High Court is not vested with jurisdiction to re-quantify damages on its own…

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