AI Overview...
- Suit for Malicious Prosecution - Limitation Period and Notice Requirements
The Limitation Act, particularly Article 74, prescribes a one-year limitation period for filing suits for damages due to malicious prosecution, starting from the date of acquittal or final discharge. Several cases (e.g., CHANDA CHANDRA DASH VS NIRANJAN PANDA - Orissa, Malabai w/o. Pralhad Bhoyar VS Sumanbai w/o. Narayanrao Dubey - Bombay, Directorate Of Revenue Intelligence VS Puspha l. Tolani - Delhi) confirm that the period begins when the criminal proceedings conclude in favor of the accused, and the suit must be filed within one year thereafter.
The suit is also subject to procedural requirements such as notice, and failure to observe these can bar the claim (SUMER CHAND VS UNION OF INDIA - Delhi). In some instances, courts have held that the limitation period cannot be suspended or extended by appeals or revisions (State of Orissa VS Guman Singh - Orissa). - Court Jurisdiction and Preliminary Objections
Courts have the authority to decide preliminary issues like limitation (Baishnab Charan Ray VS Debraj Sahoo - Orissa), and refusal to decide such issues on limitation grounds can be upheld if no jurisdictional error is found. - Specific Case Insights
- In cases where the suit was filed beyond the limitation period (e.g., filed after one year from the date of acquittal), the suit is barred (State of Orissa VS Guman Singh - Orissa, SUMER CHAND VS UNION OF INDIA - Delhi).
- The Kerala High Court upheld dismissal of a malicious prosecution suit on limitation grounds, emphasizing the importance of timely filing (V.M.MUHAMMED RAFEEQ Vs PURUSHOTHAMAN - Kerala).
- Conclusion
A suit for malicious prosecution is strictly governed by the Limitation Act, with a one-year period starting from the date of final judgment in favor of the accused. Failure to file within this period, or non-compliance with procedural notices, results in the suit being barred by limitation. Courts can decide limitation as a preliminary issue, and the law emphasizes timely action to preserve the claim (CHANDA CHANDRA DASH VS NIRANJAN PANDA - Orissa, SUMER CHAND VS UNION OF INDIA - Delhi, ADI BAPUJI RABADI VS SARADINDU BANERJEE - Calcutta).
Search Results for "Suit for Malicious Prosecution Limitation"
1989 0 Supreme(Del) 167 • India - Delhi
H.C.GOEL
OF INTENDED SUIT - MALICIOUS PROSECUTION - SUIT BARRED BY LIMITATION AND WANT OF NOTICE. ... Whether the suit was barred by limitation under section 140 of the Delhi Police Act? 2. ... The defendants filed a preliminary objection that the suit was barred by limitation under section 140 of the Delhi Police Act, 1978 ... It was also submitted by the plaintiff that Article 74 of the Limitation Act governs the case and....
2021 0 Supreme(Del) 299 • India - Delhi
PRATHIBA M.SINGH
Suit for malicious prosecution in present case, having been filed on 11th April 2008 which is within the period of one year, is therefore ... Sessions Judge, would have to be excluded for the purpose of calculating limitation of one year for filing of suit for malicious ... prosecution. ... for malicious prosecution was presented by the Plaintiff/Respondent. ... In arguendo, he also submits that under Section 3 of The Limi....
1980 0 Supreme(Cal) 300 • India - Calcutta
PADMA KHASTGIR
MALICIOUS PROSECUTION - LIMITATION - SUIT FOR DAMAGES - ONE YEAR FROM TERMINATION OF PROCEEDINGS IN FAVOR OF PLAINTIFF - SUIT ... period prescribed by the Limitation Act for suits for damages for malicious prosecution. ... Act for suits for damages for malicious prosecution. 2. ... In a suit for damages for malicious prosecution, the period of limitati....
2003 0 Supreme(Ori) 499 • India - Orissa
P.K.TRIPATHY
CIVIL PROCEDURE CODE, 1908 - Sec. 115 - Revision against the order rejecting a suit for malicious prosecution on the ground of limitation ... - Extent of jurisdiction under this section - No jurisdictional error for refusing to decide the issue of limitation as a preliminary ... materially changed empowering and authorising the trial Court to take up a preliminary issue, if such preliminary issue can decide the suit ... Defendant No. 2 in Money Suit No.2 of 1999 of th....
2006 0 Supreme(Bom) 1268 • India - Bombay
A.H.JOSHI
Limitation Act, 1963 - Article 74 - Malicious prosecution - Suit for - Limitation for - Starts to run from date of acquittal or discharge ... the starting point of limitation for the accused for a civil action to claim compensation for malicious prosecution begins, it does ... The appeal or revision does not operate in stopping the clock of limitation or suspending the process of running of limitation. ... She had ....
1993 0 Supreme(Ori) 149 • India - Orissa
G.B.PATNAIK
Limitation Act, 1963 - Article 74 - A suit for malicious prosecution is governed by Art. 74 of the Limitation ... for malicious prosecution. ... Ratio Decidendi: The period of limitation for a suit for malicious prosecution begins to run from the date ... There is no dispute that a suit for malicious prosecution is governed by Art. 74 of the #....
2008 0 Supreme(Chh) 330 • India - Chhattisgarh
ABHAY M.NAIK
Limitation - Malicious Prosecution - Article 74 of the Limitation Act - [COMPENSATION FOR MALICIOUS PROSECUTION] - [LIMITATION ... that the limitation period for a suit for damages on account of malicious prosecution commences from the date of finality of the ... compensation for malicious prosecution. ... Suit for compensation for a ....
• India - Delhi High Court
PRATHIBA M.SINGH
for malicious prosecution. ... The Limitation Act, 1963 prescribes a one-year limitation period for filing suits for malicious prosecution. ... She filed a suit for malicious prosecution against the customs authorities. ... for malicious prosecution was presented by the Plaintiff/Respondent. ... In arguendo, he also submits that under Section 3 of The Limitation Act, 1963, read w....
2017 0 Supreme(Ori) 1011 • India - Orissa
A.K.RATH
from the criminal case on 9.12.1983 - Said order was not challenged by the State - Limitation for a suit for malicious prosecution ... LIMITATION ACT, 1963 - Art. 74 - Period of limitation is one year for compensation for a malicious prosecution - Plaintiff was acquitted ... began to run from that date - Suit was filed on 23.12.1987 - Suit was clearly barred by limitation. ... Thus the l....
2008 Supreme(Online)(KER) 19903 • India - High Court of Kerala
HARUN-UL-RASHID, J
Limitation - Malicious Prosecution - Limitation Act, Kerala Police Act - The court held the suit for malicious prosecution was ... Fact of the Case: The plaintiff filed a suit for damages for malicious prosecution against the first defendant who ... Issues: Whether the trial court's dismissal of the suit for being barred by limitation was valid and whether the application ... ....
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