Question Description
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. Usher was sentenced to a jail term of 5 years in a case of treason. A year later, a report by the CBI cleared him of all charges and he was let out of the jail. That report also mentioned the fact that the judge had overlooked the report by mistake and had sentenced Usher to jail due to his negligence. Usher now files a case of malicious prosecution against the judge. Decide:a)The judge had no intention of framing Usher and was just negligent in his duty. Hence, he should not be held for malicious prosecution.b)Usher had to spend a year inside the jail because of the mistake of the judge and so the judge should be held liable.c)The report talked about how the judge had overlooked it, showing that the judge had the intent to frame Usher and should be held liable for malicious prosecution.d)The judge should not be held liable for malicious prosecution, but a case of negligence should be filed against him.Correct answer is option 'D'. 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. Usher was sentenced to a jail term of 5 years in a case of treason. A year later, a report by the CBI cleared him of all charges and he was let out of the jail. That report also mentioned the fact that the judge had overlooked the report by mistake and had sentenced Usher to jail due to his negligence. Usher now files a case of malicious prosecution against the judge. Decide:a)The judge had no intention of framing Usher and was just negligent in his duty. Hence, he should not be held for malicious prosecution.b)Usher had to spend a year inside the jail because of the mistake of the judge and so the judge should be held liable.c)The report talked about how the judge had overlooked it, showing that the judge had the intent to frame Usher and should be held liable for malicious prosecution.d)The judge should not be held liable for malicious prosecution, but a case of negligence should be filed against him.Correct answer is option 'D'. 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. Usher was sentenced to a jail term of 5 years in a case of treason. A year later, a report by the CBI cleared him of all charges and he was let out of the jail. That report also mentioned the fact that the judge had overlooked the report by mistake and had sentenced Usher to jail due to his negligence. Usher now files a case of malicious prosecution against the judge. Decide:a)The judge had no intention of framing Usher and was just negligent in his duty. Hence, he should not be held for malicious prosecution.b)Usher had to spend a year inside the jail because of the mistake of the judge and so the judge should be held liable.c)The report talked about how the judge had overlooked it, showing that the judge had the intent to frame Usher and should be held liable for malicious prosecution.d)The judge should not be held liable for malicious prosecution, but a case of negligence should be filed against him.Correct answer is option 'D'. 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. Usher was sentenced to a jail term of 5 years in a case of treason. A year later, a report by the CBI cleared him of all charges and he was let out of the jail. That report also mentioned the fact that the judge had overlooked the report by mistake and had sentenced Usher to jail due to his negligence. Usher now files a case of malicious prosecution against the judge. Decide:a)The judge had no intention of framing Usher and was just negligent in his duty. Hence, he should not be held for malicious prosecution.b)Usher had to spend a year inside the jail because of the mistake of the judge and so the judge should be held liable.c)The report talked about how the judge had overlooked it, showing that the judge had the intent to frame Usher and should be held liable for malicious prosecution.d)The judge should not be held liable for malicious prosecution, but a case of negligence should be filed against him.Correct answer is option 'D'. 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. Usher was sentenced to a jail term of 5 years in a case of treason. A year later, a report by the CBI cleared him of all charges and he was let out of the jail. That report also mentioned the fact that the judge had overlooked the report by mistake and had sentenced Usher to jail due to his negligence. Usher now files a case of malicious prosecution against the judge. Decide:a)The judge had no intention of framing Usher and was just negligent in his duty. Hence, he should not be held for malicious prosecution.b)Usher had to spend a year inside the jail because of the mistake of the judge and so the judge should be held liable.c)The report talked about how the judge had overlooked it, showing that the judge had the intent to frame Usher and should be held liable for malicious prosecution.d)The judge should not be held liable for malicious prosecution, but a case of negligence should be filed against him.Correct answer is option 'D'. 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. Usher was sentenced to a jail term of 5 years in a case of treason. A year later, a report by the CBI cleared him of all charges and he was let out of the jail. That report also mentioned the fact that the judge had overlooked the report by mistake and had sentenced Usher to jail due to his negligence. Usher now files a case of malicious prosecution against the judge. Decide:a)The judge had no intention of framing Usher and was just negligent in his duty. Hence, he should not be held for malicious prosecution.b)Usher had to spend a year inside the jail because of the mistake of the judge and so the judge should be held liable.c)The report talked about how the judge had overlooked it, showing that the judge had the intent to frame Usher and should be held liable for malicious prosecution.d)The judge should not be held liable for malicious prosecution, but a case of negligence should be filed against him.Correct answer is option 'D'. 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. Usher was sentenced to a jail term of 5 years in a case of treason. A year later, a report by the CBI cleared him of all charges and he was let out of the jail. That report also mentioned the fact that the judge had overlooked the report by mistake and had sentenced Usher to jail due to his negligence. Usher now files a case of malicious prosecution against the judge. Decide:a)The judge had no intention of framing Usher and was just negligent in his duty. Hence, he should not be held for malicious prosecution.b)Usher had to spend a year inside the jail because of the mistake of the judge and so the judge should be held liable.c)The report talked about how the judge had overlooked it, showing that the judge had the intent to frame Usher and should be held liable for malicious prosecution.d)The judge should not be held liable for malicious prosecution, but a case of negligence should be filed against him.Correct answer is option 'D'. 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. Usher was sentenced to a jail term of 5 years in a case of treason. A year later, a report by the CBI cleared him of all charges and he was let out of the jail. That report also mentioned the fact that the judge had overlooked the report by mistake and had sentenced Usher to jail due to his negligence. Usher now files a case of malicious prosecution against the judge. Decide:a)The judge had no intention of framing Usher and was just negligent in his duty. Hence, he should not be held for malicious prosecution.b)Usher had to spend a year inside the jail because of the mistake of the judge and so the judge should be held liable.c)The report talked about how the judge had overlooked it, showing that the judge had the intent to frame Usher and should be held liable for malicious prosecution.d)The judge should not be held liable for malicious prosecution, but a case of negligence should be filed against him.Correct answer is option 'D'. 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. Usher was sentenced to a jail term of 5 years in a case of treason. A year later, a report by the CBI cleared him of all charges and he was let out of the jail. That report also mentioned the fact that the judge had overlooked the report by mistake and had sentenced Usher to jail due to his negligence. Usher now files a case of malicious prosecution against the judge. Decide:a)The judge had no intention of framing Usher and was just negligent in his duty. Hence, he should not be held for malicious prosecution.b)Usher had to spend a year inside the jail because of the mistake of the judge and so the judge should be held liable.c)The report talked about how the judge had overlooked it, showing that the judge had the intent to frame Usher and should be held liable for malicious prosecution.d)The judge should not be held liable for malicious prosecution, but a case of negligence should be filed against him.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.