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Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q.Sanjeev and Rajeev were neighbours. They used to have a lot of arguments and wanted to harm eachother at the first opportunity that they got. One day, Sanjeev overheard Rajeev talking to his wife about how he would soon be stealing Sanjeevs car. Later that night, Sanjeevs car was stolen. Sanjeev immediately rushed to the police station and filed a complaint accusing Rajeev of having stolen the car. In a couple of hours, it was found out that Sanjeevs son had taken the car without informing him about the same. The police rejected Sanjeevs complaint. However, Rajeev wants to file a complaint of malicious prosecution against Sanjeev. Decide:a)Its a clear case of malicious prosecution as the case was filed by Sanjeev out of spite against Rajeev.b)It is a case of malicious prosecution as Sanjeev filed a case against Rajeev without having any reasonable doubt in the first place.c)It cannot be a case of malicious prosecution as there were no prosecution to begin with.d)None of the above.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q.Sanjeev and Rajeev were neighbours. They used to have a lot of arguments and wanted to harm eachother at the first opportunity that they got. One day, Sanjeev overheard Rajeev talking to his wife about how he would soon be stealing Sanjeevs car. Later that night, Sanjeevs car was stolen. Sanjeev immediately rushed to the police station and filed a complaint accusing Rajeev of having stolen the car. In a couple of hours, it was found out that Sanjeevs son had taken the car without informing him about the same. The police rejected Sanjeevs complaint. However, Rajeev wants to file a complaint of malicious prosecution against Sanjeev. Decide:a)Its a clear case of malicious prosecution as the case was filed by Sanjeev out of spite against Rajeev.b)It is a case of malicious prosecution as Sanjeev filed a case against Rajeev without having any reasonable doubt in the first place.c)It cannot be a case of malicious prosecution as there were no prosecution to begin with.d)None of the above.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q.Sanjeev and Rajeev were neighbours. They used to have a lot of arguments and wanted to harm eachother at the first opportunity that they got. One day, Sanjeev overheard Rajeev talking to his wife about how he would soon be stealing Sanjeevs car. Later that night, Sanjeevs car was stolen. Sanjeev immediately rushed to the police station and filed a complaint accusing Rajeev of having stolen the car. In a couple of hours, it was found out that Sanjeevs son had taken the car without informing him about the same. The police rejected Sanjeevs complaint. However, Rajeev wants to file a complaint of malicious prosecution against Sanjeev. Decide:a)Its a clear case of malicious prosecution as the case was filed by Sanjeev out of spite against Rajeev.b)It is a case of malicious prosecution as Sanjeev filed a case against Rajeev without having any reasonable doubt in the first place.c)It cannot be a case of malicious prosecution as there were no prosecution to begin with.d)None of the above.Correct answer is option 'B'. Can you explain this answer?.

Solutions for Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q.Sanjeev and Rajeev were neighbours. They used to have a lot of arguments and wanted to harm eachother at the first opportunity that they got. One day, Sanjeev overheard Rajeev talking to his wife about how he would soon be stealing Sanjeevs car. Later that night, Sanjeevs car was stolen. Sanjeev immediately rushed to the police station and filed a complaint accusing Rajeev of having stolen the car. In a couple of hours, it was found out that Sanjeevs son had taken the car without informing him about the same. The police rejected Sanjeevs complaint. However, Rajeev wants to file a complaint of malicious prosecution against Sanjeev. Decide:a)Its a clear case of malicious prosecution as the case was filed by Sanjeev out of spite against Rajeev.b)It is a case of malicious prosecution as Sanjeev filed a case against Rajeev without having any reasonable doubt in the first place.c)It cannot be a case of malicious prosecution as there were no prosecution to begin with.d)None of the above.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q.Sanjeev and Rajeev were neighbours. They used to have a lot of arguments and wanted to harm eachother at the first opportunity that they got. One day, Sanjeev overheard Rajeev talking to his wife about how he would soon be stealing Sanjeevs car. Later that night, Sanjeevs car was stolen. Sanjeev immediately rushed to the police station and filed a complaint accusing Rajeev of having stolen the car. In a couple of hours, it was found out that Sanjeevs son had taken the car without informing him about the same. The police rejected Sanjeevs complaint. However, Rajeev wants to file a complaint of malicious prosecution against Sanjeev. Decide:a)Its a clear case of malicious prosecution as the case was filed by Sanjeev out of spite against Rajeev.b)It is a case of malicious prosecution as Sanjeev filed a case against Rajeev without having any reasonable doubt in the first place.c)It cannot be a case of malicious prosecution as there were no prosecution to begin with.d)None of the above.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q.Sanjeev and Rajeev were neighbours. They used to have a lot of arguments and wanted to harm eachother at the first opportunity that they got. One day, Sanjeev overheard Rajeev talking to his wife about how he would soon be stealing Sanjeevs car. Later that night, Sanjeevs car was stolen. Sanjeev immediately rushed to the police station and filed a complaint accusing Rajeev of having stolen the car. In a couple of hours, it was found out that Sanjeevs son had taken the car without informing him about the same. The police rejected Sanjeevs complaint. However, Rajeev wants to file a complaint of malicious prosecution against Sanjeev. Decide:a)Its a clear case of malicious prosecution as the case was filed by Sanjeev out of spite against Rajeev.b)It is a case of malicious prosecution as Sanjeev filed a case against Rajeev without having any reasonable doubt in the first place.c)It cannot be a case of malicious prosecution as there were no prosecution to begin with.d)None of the above.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q.Sanjeev and Rajeev were neighbours. They used to have a lot of arguments and wanted to harm eachother at the first opportunity that they got. One day, Sanjeev overheard Rajeev talking to his wife about how he would soon be stealing Sanjeevs car. Later that night, Sanjeevs car was stolen. Sanjeev immediately rushed to the police station and filed a complaint accusing Rajeev of having stolen the car. In a couple of hours, it was found out that Sanjeevs son had taken the car without informing him about the same. The police rejected Sanjeevs complaint. However, Rajeev wants to file a complaint of malicious prosecution against Sanjeev. Decide:a)Its a clear case of malicious prosecution as the case was filed by Sanjeev out of spite against Rajeev.b)It is a case of malicious prosecution as Sanjeev filed a case against Rajeev without having any reasonable doubt in the first place.c)It cannot be a case of malicious prosecution as there were no prosecution to begin with.d)None of the above.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q.Sanjeev and Rajeev were neighbours. They used to have a lot of arguments and wanted to harm eachother at the first opportunity that they got. One day, Sanjeev overheard Rajeev talking to his wife about how he would soon be stealing Sanjeevs car. Later that night, Sanjeevs car was stolen. Sanjeev immediately rushed to the police station and filed a complaint accusing Rajeev of having stolen the car. In a couple of hours, it was found out that Sanjeevs son had taken the car without informing him about the same. The police rejected Sanjeevs complaint. However, Rajeev wants to file a complaint of malicious prosecution against Sanjeev. Decide:a)Its a clear case of malicious prosecution as the case was filed by Sanjeev out of spite against Rajeev.b)It is a case of malicious prosecution as Sanjeev filed a case against Rajeev without having any reasonable doubt in the first place.c)It cannot be a case of malicious prosecution as there were no prosecution to begin with.d)None of the above.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q.Sanjeev and Rajeev were neighbours. They used to have a lot of arguments and wanted to harm eachother at the first opportunity that they got. One day, Sanjeev overheard Rajeev talking to his wife about how he would soon be stealing Sanjeevs car. Later that night, Sanjeevs car was stolen. Sanjeev immediately rushed to the police station and filed a complaint accusing Rajeev of having stolen the car. In a couple of hours, it was found out that Sanjeevs son had taken the car without informing him about the same. The police rejected Sanjeevs complaint. However, Rajeev wants to file a complaint of malicious prosecution against Sanjeev. Decide:a)Its a clear case of malicious prosecution as the case was filed by Sanjeev out of spite against Rajeev.b)It is a case of malicious prosecution as Sanjeev filed a case against Rajeev without having any reasonable doubt in the first place.c)It cannot be a case of malicious prosecution as there were no prosecution to begin with.d)None of the above.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.