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Indian Laws of torts Malicious Prosecution notes – CSEET

Indian Laws of torts Malicious Prosecution notes – CSEET

Indian Laws of torts Malicious Prosecution:

ICSI CSEET: The Council of the ICSI has released a notice regarding CSEET on the day of the inauguration of ICSI Golden Jubilee Celebrations on 4th Oct 2017.

The Gazette Notification on the Company Secretaries (Amendment) Regulations, 2020 has been published on 3rd February 2020 in the Official Gazette of India and the same shall be applicable from the said date of publication.

Now ICSI Published a notice regarding CSEET Test which going to start from 2020 May.

We are now going to discuss the details of CSEET Paper-2 Legal Aptitude and Logical Reasoning – Indian Laws of torts Malicious Prosecution notes.

Indian Laws of torts Malicious Prosecution

Indian Laws of torts Malicious Prosecution

Indian Laws of torts Malicious Prosecution:

Malicious prosecution occurs when one party has knowingly and with malicious intent initiated baseless litigation against another party. This includes both criminal charges and civil claims, for which the cause of action is essentially the same. The main difference between claims based on criminal and civil actions has to do with evidence. For example, mental suffering is usually considered an element of general damages in a claim based on malicious criminal prosecution, with no special proof required. But for claims based on civil actions, the plaintiff must be able to prove quantifiable damages.

Most states allow recovery for claims based on civil suits as long as the plaintiff (the defendant in the original case) is able to prove malicious intent and lack of probable cause. But some states require some direct interference with, or injury to, the plaintiff apart from the mere hassle of answering a civil complaint. For example, defamation resulting from a malicious lawsuit, such as lost business from a damaged reputation, typically would be considered a compensable injury.

Generally, any malicious criminal proceeding that lacks probable cause — regardless of whether the claimant was tried or even indicted — may give rise to a malicious prosecution claim. Even the malicious issuance of a search warrant without probable cause may trigger such a claim.

Malicious prosecution consists in instigating judicial proceedings (usually criminal) against another, maliciously and without reasonable and probable cause, which terminate in favour of that other and which results in damage to his reputation, personal freedom or property.

The following are the essential elements of this tort:

(i)    There must have been a prosecution of the plaintiff by the defendant.

(ii)   There must have been want of reasonable and probable cause for that prosecution.

(iii)   The defendant must have acted maliciously (i.e. with an improper motive and not to further the end of justice).

(iv)  The plaintiff must have suffered damages as a result of the prosecution.

(v)   The prosecution must have terminated in favour of the plaintiff.

To be actionable, the proceedings must have been instigated actually by the defendant. If he merely states the fact as he believes them to a policeman or a magistrate he is not responsible for any proceedings which might ensue as a result of action by such policeman or magistrate on his own initiative.

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