Malicious Prosecution - Law Dictionary Search Results

Home Dictionary Name: malicious prosecution

Malicious prosecution

Malicious prosecution, a prosecution, preferred maliciously, without reasonable or probable cause; the remedy is an action on the case, in which damages may be recovered. The allegation of want of probable cause must be substantively and expressly proved, and cannot be implied; but it is for the judge, not the jury, to determine upon it, Abrath v. North Eastern R. Co., (1886) 11 App Cas 247; Cox v. English, Scottish and Australian Bank, 1905 AC 168. Animus injuri' cannot be inferred from the mere fact that the prosecution has failed, Corea v. Peiris, 1909 AC 549. See Addison or Clerk and Lindsell on Torts....

malicious prosecution

malicious prosecution : the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause ;also : an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages called also malicious use of process; compare abuse of process ...

Prosecution

Prosecution, a proceeding either by way of indict-ment or information, in the criminal courts, in order to put an offender upon his trial. In all criminal prosecutions the King is nominally the prosecutor. See titles PUBLIC PROSECUTOR and ADVOCATE, LORD.The word 'prosecution' as used in Article 20 contemplated a proceeding of a criminal nature either before a court or a judicial tribunal, Thomas Dana v. State of Punjab, AIR 1959 SC 375: (1959) Supp 1 SCR 274.Means a criminal action; a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crime', Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734.Means criminal proceedings in general. It includes all criminal proceedings to which any oral obloque is attached, ST Sahib v. Hasan Ghani Sahib, AIR 1957 Mad 646.Means a person appointed by the government to conduct all prosecutions on behalf of the State, Mansoor v. State of Madhy...

Prosecution

The act or process of prosecuting or of endeavoring to gain or accomplish something pursuit by efforts of body or mind as the prosecution of a scheme plan design or undertaking the prosecution of war...

Immunity from prosecution

Immunity from prosecution, the phrase 'immunity from prosecution' in s. 64 would mean 'Freedom from punishment during a proceeding instituted and carried on by law', Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734 (2742): (2001) 8 SCC 289. [NDPS Act, 1985 (61 of 1985), s. 64]...

Lacuna in the prosecution

Lacuna in the prosecution, is not to be equated with the fallout of an oversight committed by a public prosecutor during trial, either in producing relevant materials or in eliciting relevant answer from witnesses, Rajendra Prasad v. Narcotic Cell, (1999) 6 SCC 110....

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Malicious Prosecution - Law Dictionary Search Results