Compensation for frivolous shareholder prosecutions: magistrate may order payment and imprisonment on default, with appeal available. When a magistrate discharges or acquits accused persons in a shareholder-initiated prosecution and records that the accusation was false and frivolous or vexatious, the magistrate may call on the complainant to show cause and may order payment of compensation to the accused, for reasons to be recorded, and may order simple imprisonment in default of payment; the order does not exempt the complainant from other civil or criminal liability and any amount paid is to be accounted for in subsequent civil compensation awards.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Compensation for frivolous shareholder prosecutions: magistrate may order payment and imprisonment on default, with appeal available.
When a magistrate discharges or acquits accused persons in a shareholder-initiated prosecution and records that the accusation was false and frivolous or vexatious, the magistrate may call on the complainant to show cause and may order payment of compensation to the accused, for reasons to be recorded, and may order simple imprisonment in default of payment; the order does not exempt the complainant from other civil or criminal liability and any amount paid is to be accounted for in subsequent civil compensation awards.
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