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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B.Pugalendhi
Periyasami – Appellant
Versus
Kanagavel – Respondent
JUDGMENT :
B. Pugalendhi, J.
This second appeal is filed by the 2nd defendant as against the concurrent findings of the Courts below in OS.No.85 of 2012, on the file of the Principal Sub Court, Tirunelveli and in AS.No.132 of 2018 on the file of the I Additional District Court, Tirunelveli.
2. The respondents 1 to 3 / plaintiffs have filed the suit in OS.No.85 of 2012 before the Principal Sub Court, Tirunelveli seeking a compensation of Rs.Two lakh that they have been maliciously prosecuted by the defendants 1 and 2 in SC.No.419 of 2008. The suit was decreed by the trail Court by its judgment and decree dated 23.02.2018, as against the same the defendants 1 and 2 filed an appeal in AS.No.132 of 2018 before the I Additional District Court, Tirunelveli and it was dismissed by judgment and decree dated 24.02.2021. Aggrieved over the same, the 2nd defendant has filed this second appeal.
3. This second appeal has been filed on the following substantial questions of law:
a) Whether the Courts below are correct in decreeing the suit, especially when the PW1 himself admitted that there is no previous enmity between the appellant and respondent ?
b) Whether the lower appellate Court is correct in
A claim for malicious prosecution requires reliable evidence; if the prosecution fails to substantiate its claims, the accused may claim compensation for wrongful prosecution.
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,....
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.
Murder and criminal conspiracy – Cognizance of offences – Court cannot shut its eyes when there are strong circumstances suggesting malicious prosecution by informant or complainant.
To establish malicious prosecution, the Plaintiff must prove five elements: initiation of prosecution, favorable termination, lack of reasonable cause, malice, and damages. Failure to prove any eleme....
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