Law:

Section:

(a) Malicious prosecution-------"Malice"---Connotation---Malice is not spite or hatred against any individual but of malus animus and denotes the working of improper and indirect motive--­Proper motive for a prosecution is the desire to secure the ends of justice and it should be shown that the plaintiff is not actuated by such desire but by his personal feelings. Abdul Rauf v. Abdul Razzak and another PLD 1994 SC 476 ref. (b) Malicious prosecution--- ---- Burden of proof---Damages---Petitioner/defendant got a criminal case registered against the plaintiffs---Plaintiffs were arrested by police, they remained under detention for five days; they were released on bail and finally plaintiffs were discharged by Trial Court---Suits for damages were filed against the defendants wherein the plaintiffs brought home enmity between the parties the arrest and final acquittal read with the reasons of the acquittal order of the Magistrate---Defendant did not appear in the witness-box to stand the test of cross-examination---Trial Court dismissed the suits whereas the Lower Appellate Court found that plaintiffs were prosecuted without any reasonable cause and as such criminal charges were based upon malice and suits of the plaintiffs were partly decreed---Validity---Where plaintiffs had proved their case it was for the defendant to establish the reasonable and probable cause to prosecute---High Court declined interference in circumstances. Abrath v. The North Eastern Railway Company Court of Appeal Queen's Division Bench, dated 22nd June, 1883; Mst. Khair-un-Nisa v. M. Ishaque PLD 1972 SC 25; Haji Abdullah Khan and others v. Nisar Muhammad Khan and others PLD 1959 (W.P.) Pesh. 81; Abdul Rauf v. Abdul Razzak and another PLD 1994 SC 476 and Sub. (Retd.) Fazale Rahim v. Rab Nawaz 1999 SCMR 700 ref. JUDGMENT Through this single order, I intend to dispose of Civil Revisions Nos.561, 562, 563, 564, 565 and 566 of 1991. 2. The respondents in the above petitions on 20-9-1982 filed suits for damages for malicious prosecution to the tune of Rs.25,000 each. In the plaints submitted before the Civil Court, Shakargarh, it was inter alia stated that they were agriculturalists and educated…

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