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    <title>1999 (9) TMI 958 - Supreme Court</title>
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    <description>Order XLI Rule 22 CPC permits a respondent, without filing a cross-objection, to challenge an adverse finding in order to support the decree in its favour; the amendment was treated as clarificatory and not as making a cross-objection mandatory. The Court also held that a finding of illegality alone does not establish malicious prosecution or absence of reasonable and probable cause where officers acted on official instructions and the alleged facts were not proved. On the evidence, the High Court&#039;s finding of malice was unsustainable, so the claim for non-pecuniary damages failed, while the decree for pecuniary damages remained undisturbed.</description>
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    <pubDate>Tue, 14 Sep 1999 00:00:00 +0530</pubDate>
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      <title>1999 (9) TMI 958 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=181316</link>
      <description>Order XLI Rule 22 CPC permits a respondent, without filing a cross-objection, to challenge an adverse finding in order to support the decree in its favour; the amendment was treated as clarificatory and not as making a cross-objection mandatory. The Court also held that a finding of illegality alone does not establish malicious prosecution or absence of reasonable and probable cause where officers acted on official instructions and the alleged facts were not proved. On the evidence, the High Court&#039;s finding of malice was unsustainable, so the claim for non-pecuniary damages failed, while the decree for pecuniary damages remained undisturbed.</description>
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      <pubDate>Tue, 14 Sep 1999 00:00:00 +0530</pubDate>
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