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.

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 oblique purpose - Onus shifts to defendant only after plaintiff...

Malicious prosecution — Suit for damages - Acquittal/discharge — Effect — Civil Court has to conduct an independent enquiry - Acquittal or discharge cannot constitute sole reason to decree damages for malicious prosecution - Law compensates for malicious prosecution and not for wrongful, uncalled for or merely...

Words and phrases — Malicious prosecution — Institution of proceedings without reasonable and probable cause and with an oblique motive, which terminate favourably to person prosecuted. (Paras 12 & 13)