Law:

Section:

(a) Master and servant--Illegal dismissal - Relief -- Only compensation arid not re-instatement - Company dismissing petitioner in contravention of its rules-Such illegal dismissal, held, cannot confer any right on petitioner to remain in service of company. Faiz Muhammad v. The Registrar, Co-operative Societies West Pakistan, Lahore P L D 1 62 S C 315 ; Zainul Abidin v. Multan Cooperative Bank P L D 1966 S C 445 and Gulf Steamship Co, v. Baluch P L D 1962 par. 899 rel. (b) Tort-Malicious prosecution - Burden of proof-heavy on plaintiff--Plaintiff not only to prove prosecution ending in his favour but also that it was without reasonable and probable cause plaintiff alleging to have been falsely implicated in criminal case due to malice--Defendant failing to adduce evidence in rebuttal of allegation-Plaintiff, in circumstance, could be said to have proved that prosecution was without reasonable and probable cause. Raja Braja Sunder Deb and others v. Barndeb Das alias Pattanaik a,,:d others A I R 1944 P C 1 rel. (c) Tort--- Malicious prosecution-Liability of complainant Prosecution following defendant's complaint - Defendant contending that plaintiff was prosecuted by police hence he was not liable for such prosecution-No evidence, however, to show that he did not take any steps in plaintiff's prosecution other than lodging a report-Circumstances, held, sufficient for an adverse inference against defendant and mere conduct of prosecution by police, in circumstances, not sufficient to exonerate defendant from liability. Gaya Prasad v. Bhagat Singh I L R 30 All. 525 rel. (d) Tort-Damages for malicious prosecution-Prosecution for crime involving slur on character-Damage to reputation to be presumed and need not be proved-Plaintiff an Accountant of defendant falsely prosecuted for misappropriation and defalca tion-Notice of prosecution published in newspapers resulting in plaintiff's unemployment-Plaintiff remaining in police custody for more than a week-Plaintiff, in circumstances, held, entitled to exemplary and substantial damages both on account of injury to reputation and deprivation of liberty-Rs. 12,500 allowed as damages. Commentary on the Law of…