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Principle:
I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.
II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.
Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.
Q. As a defense attorney what do you think should he do?
  • a)
    File for a case of defamation.
  • b)
    File for a case of malicious prosecution as soon as possible
  • c)
    File for a case of malicious prosecution after he is acquitted on the charges of sexual assault.
  • d)
    Either (a) or (c)
Correct answer is option 'D'. Can you explain this answer?
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Principle:I. Malicious prosecution is malicious institution against o...
Both defamation and malicious prosecution (in case of acquittal) are possible.
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Principle:I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.Facts:Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?

Principle: I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his Qtrade, business calling or office or cause him to be avoided or shunned away from the society.Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his Ateam, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?

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. Which of the following are not in consistency with the passage?

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.

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

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Principle:I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?a)File for a case of defamation.b)File for a case of malicious prosecution as soon as possiblec)File for a case of malicious prosecution after he is acquitted on the charges of sexual assault.d)Either (a) or (c)Correct answer is option 'D'. Can you explain this answer?
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Principle:I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?a)File for a case of defamation.b)File for a case of malicious prosecution as soon as possiblec)File for a case of malicious prosecution after he is acquitted on the charges of sexual assault.d)Either (a) or (c)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 Principle:I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?a)File for a case of defamation.b)File for a case of malicious prosecution as soon as possiblec)File for a case of malicious prosecution after he is acquitted on the charges of sexual assault.d)Either (a) or (c)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 Principle:I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?a)File for a case of defamation.b)File for a case of malicious prosecution as soon as possiblec)File for a case of malicious prosecution after he is acquitted on the charges of sexual assault.d)Either (a) or (c)Correct answer is option 'D'. Can you explain this answer?.
Solutions for Principle:I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?a)File for a case of defamation.b)File for a case of malicious prosecution as soon as possiblec)File for a case of malicious prosecution after he is acquitted on the charges of sexual assault.d)Either (a) or (c)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 Principle:I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?a)File for a case of defamation.b)File for a case of malicious prosecution as soon as possiblec)File for a case of malicious prosecution after he is acquitted on the charges of sexual assault.d)Either (a) or (c)Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle:I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?a)File for a case of defamation.b)File for a case of malicious prosecution as soon as possiblec)File for a case of malicious prosecution after he is acquitted on the charges of sexual assault.d)Either (a) or (c)Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Principle:I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?a)File for a case of defamation.b)File for a case of malicious prosecution as soon as possiblec)File for a case of malicious prosecution after he is acquitted on the charges of sexual assault.d)Either (a) or (c)Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Principle:I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?a)File for a case of defamation.b)File for a case of malicious prosecution as soon as possiblec)File for a case of malicious prosecution after he is acquitted on the charges of sexual assault.d)Either (a) or (c)Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle:I. Malicious prosecution is malicious institution against one another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probably cause. Burden of proof lies on the plaintiff.II. Defamation leads to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business calling or office or cause him to be avoided or shunned away from the society.Facts: Mr. Bhatt is a reputed CEO of BIG SHOT COMPANY. One day, Shalini, a member of his A-team, during a bout of anger shouts in a room full of personalities that Mr. Bhatt is a bad person who sexually assaulted her in exchange for a promotion. Within 2 days, she filed a suit on similar charges against him. Mr. Bhatt, who says he is innocent and requests you for legal advise on prosecuting Shalini for lying.Q. As a defense attorney what do you think should he do?a)File for a case of defamation.b)File for a case of malicious prosecution as soon as possiblec)File for a case of malicious prosecution after he is acquitted on the charges of sexual assault.d)Either (a) or (c)Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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