Law:

Section:

(a) Tort--- ----Claim of damages on account of malicious prosecution---Essentials--­Person claiming damages on account of malicious prosecution was required to prove; that he was prosecuted by defendant; proceedings against him terminated in his favour; prosecution was instituted against him without any reasonable or probable cause; and foundation of action taken against him by police at instance of defendant was motivated with malice.--[Malicious prosecution]. PLD 1972 SC 74; Balbhaddar Singh and another v. Badri Shah and another AIR 1926 PC 46 and Gaya Prasad v. Bhagat Singh ILR 30 All. 525 ref. (b) Malicious prosecution--- --- Qanun-e-Shahadat (10 of 1984), Art 118---Damages---Damages on account of malicious prosecution---Onus was on plaintiff to prove that proceedings against him were malicious and without any probable and reasonable cause--­Plaintiff did not state in his evidence that proceedings against him were malicious---Defendant was not questioned in his cross-examination that proceedings lodged against plaintiff were malicious or were founded on malice---No question was put to defendant if prosecution was instituted against plaintiff without reasonable or probable cause; and that the prosecution lodged by him was due to his malicious intention and not with a mere intention of carrying the law into effect---Essential ingredients for success in suit for damages on account of malicious prosecution were not proved in circumstances.--[Damages]. (d) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Court, while hearing a revision petition has to satisfy itself upon three matters, viz. that order of subordinate Court was within its jurisdiction; case was one in which Court ought to have exercised jurisdiction; and that in exercising jurisdiction, Court had not acted illegally. Shahzad Muhammad Umar Baig v. Sultan Mehmood and others PLD 1970 SC 139 and Faiz Ahmed v. Allah Wassai 1988 SCMR 234 rel. JUDGMENT Applicant Shakeel Ahmed has filed this Civil Revision against the judgment and the decree passed in Civil Appeal No. 128 of 1987 by Ist Additional District Judge, Karachi East, maintaining the judgment and the decree by which Suit No.2901 of…

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