Law:

Section:

(a) Tort -- Malicious prosecution Suit for damages Burden of proof Plaintiff was under legal obligation to prove that prosecution, which ended in his favour was not prosecution, but was persecution; no reasonable or probable cause or justification was available for his prosecution; and that he was prosecuted out of enmity ill will, hatred and malice without any reasonable cause or justification on the part of defendant. Naber Shah's case PLD 1964 Dacca 111; Nayed ali Dafadar's case PLD 1969 Dacca 985; Abdul Wahab Khan's case PLD 1970 Kar. 757; qurban Ali's case PLD 1963 Kar. 155; Muhammad Yousaf Shah's case 1993 SCMR 1185; 1996 MLD 2017; Fazal Rahime's case 1999 SCMR 700; Sher Muhammad's case 1995 CLC 1134; Khawaja Muhammad Naseem's case 1996 CLC 1460 and Muhammad Latif's case PLD 2000 SC(AJ&K) 31 ref. (b) Tort Malicious prosecution Suit for damages Proof Mere dismissal of criminal case under S.249 A, Cr.P.C. by itself would not be sufficient under law to claim damages from defendant. THIS ORDER PASSED BY: SARDAR MUHAMMAD NAWAZ KHAN, JUSTICE---.--- This appeal is to challenge the validity of judgment and decree recorded by Additional District Judge, Muzaffarabad dated 26 6 2000. 2. .Khurshid Iqbal appellant brought a suit for damages amounting Rs.1,50,000 for defamation alongwith Rs.50,000 deposited by him in the bank. It was claimed by him that he belonged to a respectable family and he was tax payer also. On 23 5 1984 when he was running a shop at Chatter Bazar. a person namely Asid Malick came to his shop. The aforesaid person asked him to identify him before the bank authorities as he wanted to open an account with the Allied Bank of Pakistan, Muzaffarabad Branch. Asid Malick was known to him, therefore, the appellant accompanied him to the bank and introduced the said person with the bank officials. After some time the manager of the bank approached the appellant and disclosed that Asid Malick had defrauded the bank by taking away Rs.50,000 from the bank as such the service of then Manager of the bank was at the risk if the said amount was not deposited with the bank by the appellant being his introducer. The appellant keeping in view his family honour…

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