CLAT Exam > CLAT Questions > Principle: Malicious prosecution is the mali...
Start Learning for Free
Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are:
That he was prosecuted by the defendant.
That the proceeding complained was terminated in favour of the present plaintiff
That the prosecution was instituted against without any just or reasonable cause.
That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.
That he suffered damage to his reputation or to the safety of person, or to security of his property.
Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.
- a)There was malicious prosecution in this case
- b)There was no malicious prosecution in this case
- c)Tenali did not suffer reasonable harm as a result of the proceedings
- d)It cannot be determined
Correct answer is option 'A'. Can you explain this answer?
| FREE This question is part of | Download PDF Attempt this Test |
Verified Answer
Principle: Malicious prosecution is the malicious institution of unsu...
The principle clearly states the definition and essential ingredients of malicious prosecution. In the instant case, the defendant (Kaalia) had prosecuted the plaintiff now (Tenali). The proceedings had been decided in favour of Tenali but had been instituted without a reasonable/justifiable cause and with malice, such that Tenali had suffered damage to his reputation as a result. Thus, there was malicious prosecution in this case.
View all questions of this test
Most Upvoted Answer
Principle: Malicious prosecution is the malicious institution of unsu...
Understanding Malicious Prosecution in This Case
Malicious prosecution occurs when an individual is wrongfully subjected to legal proceedings without just cause. In the case of Tenali, the following points illustrate why there was malicious prosecution:
1. Prosecution by the Defendant
- Tenali was accused by Kaalia, Dharmodas's relative, leading to his arrest. This establishes the first element of malicious prosecution.
2. Favorable Termination
- The proceedings ended in Tenali's favor as he was acquitted of the theft charges, satisfying the requirement that the case must be resolved in favor of the plaintiff.
3. Lack of Reasonable Cause
- Kaalia's complaint was driven by personal animosity rather than factual evidence, indicating that there was no reasonable cause for prosecuting Tenali.
4. Malicious Intent
- The intention behind Kaalia's accusation was malicious, aiming to harm Tenali’s reputation rather than seeking justice. This aligns with the malicious intent criterion.
5. Damage Suffered
- Following the arrest, Tenali faced significant harm to his reputation and employment prospects, as word spread about the allegations, making it difficult for him to find work.
Conclusion
Given these factors, it is evident that Tenali experienced malicious prosecution. The combination of unfounded accusations, malicious intent, and resultant damage to his reputation confirms that the correct answer is option 'A'.
Malicious prosecution occurs when an individual is wrongfully subjected to legal proceedings without just cause. In the case of Tenali, the following points illustrate why there was malicious prosecution:
1. Prosecution by the Defendant
- Tenali was accused by Kaalia, Dharmodas's relative, leading to his arrest. This establishes the first element of malicious prosecution.
2. Favorable Termination
- The proceedings ended in Tenali's favor as he was acquitted of the theft charges, satisfying the requirement that the case must be resolved in favor of the plaintiff.
3. Lack of Reasonable Cause
- Kaalia's complaint was driven by personal animosity rather than factual evidence, indicating that there was no reasonable cause for prosecuting Tenali.
4. Malicious Intent
- The intention behind Kaalia's accusation was malicious, aiming to harm Tenali’s reputation rather than seeking justice. This aligns with the malicious intent criterion.
5. Damage Suffered
- Following the arrest, Tenali faced significant harm to his reputation and employment prospects, as word spread about the allegations, making it difficult for him to find work.
Conclusion
Given these factors, it is evident that Tenali experienced malicious prosecution. The combination of unfounded accusations, malicious intent, and resultant damage to his reputation confirms that the correct answer is option 'A'.
Attention CLAT Students!
To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
|
Explore Courses for CLAT exam
|
|
Similar CLAT Doubts
Top Courses for CLATView all
Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. Can you explain this answer?
Question Description
Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. 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 Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. Can you explain this answer?.
Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. 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 Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. Can you explain this answer?.
Solutions for Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. 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 Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Principle: Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. The main ingredients for action for malicious prosecution are: That he was prosecuted by the defendant. That the proceeding complained was terminated in favour of the present plaintiff That the prosecution was instituted against without any just or reasonable cause. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact. That he suffered damage to his reputation or to the safety of person, or to security of his property. Facts: Tenali used to work as a butler at Dharmodas’s house. Dharmodas’s relative Kaalia came to visit him for a few weeks. He never liked Tenali much. One day he lost his wallet in the market. Seeing an opportunity to trap Tenali, he went and complained to Dharmodas, saying that Tenali stole his wallet. Tenali was arrested on suspicion but was finally acquitted in the case. Dharmodas refused to employ Tenali again. Word about the case had spread, and no one was willing to employ Tenali due to the stigma of his having been arrested.a) There was malicious prosecution in this caseb) There was no malicious prosecution in this casec) Tenali did not suffer reasonable harm as a result of the proceedingsd) It cannot be determinedCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
|
|
Explore Courses for CLAT exam
|
|
Suggested Free Tests
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
|
© EduRev
|
Education Revolution
|
Follow Us
|
Signup to see your scores
go up within 7 days!
Access 1000+ FREE Docs, Videos and Tests
Takes less than 10 seconds to signup