P&H: Suit for damages; Acquittal or discharge Alone Not Enough To Claim Damages For Malicious Prosecution; Civil Court has to conduct an independent enquiry. High Court has allowed a second appeal and set aside concurrent decrees that had awarded Rs 80,000 as token damages in a suit alleging malicious prosecution based on a complaint made to Vigilance Bureau. Plaintiff had sued for Rs 10 lakh, alleging that complaint to Vigilance Bureau contained false and scandalous allegations about
P&H: Suit for damages; Acquittal or discharge Alone Not Enough To Claim Damages For Malicious Prosecution; Civil Court has to conduct an independent enquiry.
punjab-haryana
⚖️ Order Date:
22 May 2026
Headnotes
Malicious prosecution — Suit for damages - For a decree of damages two conditions must co-exist, i.e. absence of reasonable and probable cause coupled with an oblique motive in setting law in motion and termination of proceedings in favour of person proceeded against. (Para 12) Malicious prosecution — Burden of proof — Burden lies on plaintiff to plead and prove not only that prosecution failed but also that it was without reasonable and probable cause and was motivated by an
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punjab haryana
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