Law:

Section:

(a) Malicious prosecution------- Suit for---Onus---Essentials to be established by plaintiff---Detailed.. In a suit for malicious prosecution the plaintiff is under the onus to show that: (i) he was prosecuted by the defendant on a criminal charge, (ii) the prosecution terminated in favour of the plaintiff, (iii) the prosecution was malicious, (iv) the prosecution was without reasonable and probable cause, (v) the proceedings had interfered with the plaintiffs liberty and had also affected his reputation, and finally, (vi) the plaintiff had suffered damages. Muhammad Akram v. Mst. Farman Bi PLD 1990 SC 28 and Abdur Rashid v. State Bank of Pakistan and another PLD 1970 Kar. 344 ref. (b) Malicious prosecution--- ----Malice---Term "malice" in a malicious prosecution is not spite or hatred against any individual but of malus animus and denotes the working of improper and indirect motives---Proper motive for a prosecution is the desire to secure the ends of justice and it should be shown that the defendant was not actuated by such desire but by his personal feelings.--[Words and phrases]. (c) Malicious prosecution--- C. Mitchell v. Jenkins (1833) 5 B&AG 588; Pike v.~Waldrum (1952) Lloyd's Rep. 431 and Stevens v. Midland Counties Ry. (1854) 10 Ex. 352 ref. (d) Malicious prosecution--- ----Suit for---Proof of existence of malice itself is not sufficient but should be accompanied-by proof of absence of reasonable and probable cause. Abdul Shakoor v. Lipton & Company AIR 1924 Lah. 1; Nur Khan v. Jiwandas AIR 1927 Lah: 120 and Gobind Ram v. Kaju Ram AIR 1939 Lah. 504 ref. (e) Malicious prosecution--- ---- Appellant had only sent a telegram and the police, -after investigation, had submitted challan which showed that the Police, prima facie, was of the view that an offence had been committed by the accused person, respondent being one of them---Appellant, in circumstances, held, could not be said to have acted without reasonable or probable cause or with malice. Garaham v. Henry Gidney AIR 1933 Cal. 708 and Sewell v. The National Telephone Company Limited (1907) 1 KB 557 ref. (f) Malicious prosecution--- ---- Damages---"Special damages" could be awarded only on…

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