Malice in Law: Must You Name the Person in Pleadings?

2023 0 Supreme(Bom) 668

on the part of B towards Z, It was held that was a case of improper addition of party to the suit and the name of B was struck out from the cause title, records and proceedings of the suit. ... ill-will and anger against the person defamed. ... In order to justify the prosecution against the applicant for a defamation, it was necessary on the part of the complainant to sufficiently plead the malice or pre....

2024 0 Supreme(Chh) 280

Malice in fact implies a desire or intention to injure, while malice in law is not necessarily inconsistent with an honest purpose. Malice in law.—‘Malice in law’ means implied malice. ... ‘MALICE IN LAW’ simply means a depraved inclination on the part of a person to disregard the rights of others....

If at all there was a genuine need to call for investigation into land swap deals, the Defendant could have done just that without the need to specifically name the Plaintiffs. ... In law an act is malicious if done intentionally without just cause or excuse. So long as a person believes in the truth of what he says and is not reckless, malice cannot be inferred from the fact that his be....

to be done by him in his official capacity, until the expiration of one month next after notice in writing has been delivered to such officer stating the cause of action and the name and place of abode of the person intending to institute the action and the relief which he claims. ... He submitted that there is a long line of decisions of this Court which lays down that where malice is pleaded in an action against a public officer not....

Malice does not mean ill-will. It has the import of mala fides, on intention to cause wrongful injury, or such reckless action that the party must be held responsible for . the consequences. It is generally expressed as animus injuriandi, but the intention need not be express. ... De Villiers, on the Law of Injuries, p. 88 (note), says: "When a person knows that an act of his is necessarily an injur....

No issue on this point is involved in the present case, and I need not discuss it here; but it is clear that even under the English law it is only in the event of an actual prosecution, and not of mere information to the police, that malice need be averred and proved against the defendant. ... It is clear that in this sense injuria is not actionable, unless the offending party can be said to have had ....

This is further substantiated from the domain name of each of the emails. ... For a Plaintiff to prevail in a defamation case, they need to establish and prove three essential elements. ... Accordingly, the defence of fair comment can be applied, it is also settled law that the “fairness” of the comment refers not to its reasonableness but to the absence of malice. ... This occurs where the person who mak....

Court of Appeal Putrajaya

(i) where a plaintiff alleges publication to "a specific person", the plaintiff must name and identify the reader or listener of the defamatory words in his pleadings. ... a reply giving particulars of the facts and matters from which the malice is to be inferred.

Court of Appeal Putrajaya

[42] For the third element, ie publication of the Impugned Words, the law is settled that to constitute publication, the Impugned Words must have been communicated to at least one third party ie a person or group of persons other than the plaintiff: see S Pakianathan v. ... to name each member, but it will be necessary to plead and prove that persons in that group received or read the publication or hear....

-Plaintiff need not prove malice (Damodhar Tuljarano v. Lallu Khusaldas 3). This being a real injury malice will be presumed (Voet 47, 10. 7; De Villiers, De Injuriis 73, 76). Cur. adv. vult. November 12, 1909. Hutchinson C. J. ... No evidence of malice is necessary, and it is no defence that he acted under a mistake. Does it make any difference if he had a writ for the seizure of B's goods or person#HL_END....

2018 0 Supreme(All) 1076

Further, the person against whom personal mala fides or ‘malice in fact’ and ‘malice in law ‘ is imputed should be impleaded as a party respondent to the proceedings and he should be afforded opportunity to meet with those allegations. In his absence, no enquiry into the correctness or otherwise of the allegations can be made.

2016 0 Supreme(All) 3811

In his absence, no enquiry into the correctness or otherwise of the allegations can be made. Moreover, the person against whom personal mala fides or 'malice in fact' and 'malice in law ' is imputed should be impleaded as a party respondent to the proceedings and he should be afforded opportunity to meet with those allegations.

2015 0 Supreme(All) 3882

41. Further, the person against whom personal mala fides or 'malice in fact' and 'malice in law' is imputed should be impleaded as a party respondent to the proceedings and he should be afforded opportunity to meet with those allegations. In his absence, no enquiry into the correctness or otherwise of the allegations can be made.

2013 0 Supreme(All) 1050

In his absence, no enquiry into the correctness or otherwise of the allegations can be made. Further, the person against whom personal mala fides or ‘malice in fact’ and ‘malice in law ‘ is imputed should be impleaded as a party respondent to the proceedings and he should be afforded opportunity to meet with those allegations.

2011 0 Supreme(P&H) 1050

No pleader who has been engaged for the purpose of pleading only shall plead on behalf of any party, unless he has filed in Court a memorandum of appearance signed by himself and stating - (a) the names of the parties to the suit, (b) the name of the party for whom he appears, and (c) the name of the person by whom he is authorized to appear. Provided that nothing in this sub-rule shall apply to any pleader engaged to plead on behalf of any party by any other pleader who has ....