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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
M.W.CHANDWANI
Suryabhan S/o Hiraman Nimje – Appellant
Versus
Dayaram S/o Shankarrao Pajankar – Respondent
JUDGMENT :
M.W. CHANDWANI, J.
1. These two appeals have been filed by the appellants against the common judgment and order passed by the learned District Judge, Nagpur whereby allowing Regular Civil Appeal Nos.478/2012 enhancing the amount of damages from Rs.1/- to Rs.3,00,000/- against the appellants for prosecuting respondent no.1 maliciously. Whereas, Regular Civil Appeal No.523 of 2012 filed by the appellants came to be dismissed.
2. The plaint depicts that respondent no.1 was a member of the Adiwasi Samaj Unnati Grah Nirman Sahakari Sanstha Ltd., Nagpur. He was elected as Secretary of the said society on 17.02.1980 and again on 03.01.1988, he was re-elected in a special general meeting. The society had a layout of 90 plots in Khasra Nos.52/2, 52/3 and 59 of Mouza Bhamti. Being authorized in the general meeting by resolution No.2 dated 26.10.1980, respondent no.1 as Secretary of the society, was receiving the amount from its member towards allotment of plots and handing over its possession to them. The plaint further reveals that the appellants, on 13.08.1988 lodged a false complaint to the Sonegaon Police Station, Nagpur alleging that respondent no.1 is neither the secretary nor
Malicious prosecution requires proving malice and lack of reasonable cause. The court established the appellants acted without sufficient basis, resulting in damages awarded for mental anguish.
In a malicious prosecution case, the prosecutor must have reasonable and probable cause to initiate the prosecution, and must not act with malice. If the prosecutor fails to establish these elements,....
The judgment established that the proof of the four elements required for a tort of malicious prosecution cannot be adduced at the stage of an Order VII Rule 11 CPC application, and highlighted the n....
To claim damages for malicious prosecution, a plaintiff must prove both lack of reasonable cause and that the prosecution was initiated with malice.
A claim for malicious prosecution requires reliable evidence; if the prosecution fails to substantiate its claims, the accused may claim compensation for wrongful prosecution.
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