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NIDHI GUPTA
Lakhwinder Singh – Appellant
Versus
Gur Iqbal Singh – Respondent
JUDGMENT :
Nidhi Gupta, J.
CM-770-C-2025
Prayer in this application filed under Section 5 of the LIMITATION ACT is for condonation of delay of 16 days in filing the accompanying appeal.
Heard.
For the reasons mentioned in the application which is duly supported by an affidavit of the appellant, the same is allowed and the delay of 16 days in filing the accompanying appeal is condoned.
RSA-258-2025 (O&M)
1. The plaintiff is in second appeal before this Court against the judgment and decree dated 30.09.2024 passed by the learned First Appellate Court thereby reversing the well reasoned judgment and decree dated 09.03.2020 passed by learned Civil Judge (Senior Division), Amritsar, whereby the suit filed by the appellant/plaintiff for recovery of Rs. 20 lacs as damages/compensation on account of defamation, mental pain, agony, harassment, tension and financial loss caused to the appellant/plaintiff due to the filing of false litigation by the respondent/defendant, was partly decreed by the learned trial Court with costs to the effect that the plaintiff was held entitled for recovery of Rs. 2 lacs from the defendant.
2. The parties shall hereinafter be referred to as per their status before t
Acquittal in prior proceedings does not imply malicious prosecution; plaintiff must prove damage to reputation or legality of claim, which was lacking in this case.
In a defamation case, the plaintiff must prove that the defendant's statements caused actual harm to their reputation.
A suit for monetary damages, such as for defamation, necessitates payment of ad valorem court fees based on the claimed amount, as clarified by Section 7(i) of the Court Fees Act.
Plaintiffs' suit for malicious prosecution was timely filed within the limitation period post-acquittal, establishing a clear cause of action despite defendant's claims of frivolity.
A complaint under Section 138 of the Negotiable Instruments Act cannot be maintained if filed beyond the limitation period without a condonation application. Interference in acquittals requires stric....
To claim damages for malicious prosecution, a plaintiff must prove both lack of reasonable cause and that the prosecution was initiated with malice.
The main legal point established in the judgment is the requirement for clear, categorical, and unambiguous admissions for a decree to be passed under Order XII Rule 6 of the CPC, and the need for ca....
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