Malicious - Year 2012 - Judgments

Mar 09 2012 (TRI)

M/S Haabia Advertising (India) Pvt. Ltd. Vs. United India Insurance Co ...

Court: National Consumer Disputes Redressal Commission NCDRC

Decided on: Mar-09-2012

..... the order of the high court need not be a malicious act malicious act is something more than a mere violation of the ..... it is clear that there is no specific individual who has maliciously removed the hoardings in fact the complainant also does not ..... counter the above mentioned interpretation of oelig malice and consequently oelig malicious act in law or to demonstrate that the state commission was .....

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Jan 23 2012 (HC)

Upinder Singh Lamba Vs. Raminder Singh

Court: Punjab and Haryana

Decided on: Jan-23-2012

..... cause for his prosecution but still presumption is rebuttable in a suit claiming damages for malicious prosecution the burden to prove that proceedings were initiated without any reasonable or probable cause ..... probable cause which is the essential element to get a decree for damages for such malicious prosecution therefore the burden of proof as regards aforesaid essentials always rests upon the .....

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Jul 13 2012 (HC)

Jayamala Vs. State of Kerala and Another

Court: Kerala

Decided on: Jul-13-2012

..... the religious beliefs of a class of citizens which are perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class emphasis supplied 11 section 295a ..... devaprasnam at sabarimala the question is whether in making the declarations he had intentionally and maliciously outraged the religious feelings of any class of persons to insult the religion and .....

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Apr 02 2012 (FN)

Rehberg Vs. Paulk

Court: US Supreme Court

Decided on: Apr-02-2012

..... that an aggrieved or vengeful criminal defendant was most likely to assert namely claims for malicious prosecution or defamation see imbler supra at 441 442 white j concurring in judgment ..... decided after 1871 granted a broader immunity to public prosecutors than had been available in malicious prosecution actions against private persons who brought prosecutions at early common law see also burns .....

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Jan 03 2012 (HC)

Schenker India Pvt Ltd Vs. Sirpur Paper Mills Ltd

Court: Delhi

Decided on: Jan-03-2012

..... article 74 prescribes for limitation where an action is filed for malicious prosecution the said article for the sake of convenience is ..... before the board to found an action for damages for malicious prosecution based on criminal proceedings the test is not whether ..... that since the plaint did not contain any averment qua malicious prosecution in any event article 74 would have no applicability .....

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Jul 10 2012 (HC)

S.Gurusamy Reddiar. Vs. R.Purushothama Reddiar

Court: Chennai

Decided on: Jul-10-2012

..... that a word although is not defamatory but expressed with a malicious intention to defame then the person is liable to be ..... his point of view for which the plaintiffs allege that with malicious intention defamatory remarks were made in the reply notice to ..... plaintiffs or such accusation was self expressed by the defendant with malicious intention let this court first look into the notices of the .....

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Sep 19 2012 (HC)

Manik Das Vs. Haripada Shil and Others

Court: Guwahati

Decided on: Sep-19-2012

..... to be established and it must be shown that the defendants instituted the prosecution maliciously for which the plaintiff suffered damage considering all the circumstances i find that the ingredients ..... filed without any factual foundation the plaint stated that the defendants prosecuted the plaintiff maliciously for which the plaintiff suffered immense damage to his reputation and physical well being .....

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Dec 07 2012 (HC)

Mohan Banerjee Vs. State of Delhi and ors.

Court: Delhi

Decided on: Dec-07-2012

..... claimed by the appellant in the suit on the basis of malicious prosecution for which the period of limitation prescribed is one year ..... holding that the appellant had preferred a suit for compensation for malicious prosecution which was covered by article 74 of the limitation act ..... that the basis of that claim for damages appears to be malicious prosecution in fact counsel for the appellant is unable to .....

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Feb 21 2012 (HC)

T.M. Amarnatha @ Amaranarayana Vs. Mallamma and Others

Court: Karnataka

Decided on: Feb-21-2012

..... suit arraigning the respondents as defendants ldquo for compensation rdquo of rs 75 000 for malicious prosecution alleging that the 1st defendant lodged a complaint with masthi police station on 3 ..... in the testimony of the plaintiff and therefore the complaint was not instituted with any malicious intention this court further observed that the merely because the evidence of the prosecution does .....

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Feb 24 2012 (HC)

Chief Education Officer Vs. Mr.K.S.Palanichamy

Court: Chennai

Decided on: Feb-24-2012

..... an artificial juristic person cannot be attributed with any malicious interntion because malicious intention can be attributed only to a living person ..... committing by reason of the fact that they involve personal malicious intent a corporation may be subject to indictment or other ..... by the reason of the fact that they involve personal malicious intent 19 applying the above principles if we analyse the .....

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