https://www.taxtmi.com/caselaws?id=287114 To establish malicious prosecution, the claimant must prove institution of proceedings, termination in his favour, absence of reasonable and probable cause, malice, and resulting damage. On the facts discussed, the complaint arose from a partnership dispute and a disputed debit entry, and the court noted that independent evidence was lacking to show that the defendant had knowingly made a false complaint or forged the pay slip signature. The investigating officer and handwriting expert were not examined, and a final report alone was insufficient to prove falsity or want of reasonable cause. Mere closure of the criminal case did not establish malice, and the damages claim for malicious prosecution and defamation failed. en-us Thu, 16 Feb 2017 00:00:00 +0530 Sun, 29 Mar 2020 19:03:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287114 To establish malicious prosecution, the claimant must prove institution of proceedings, termination in his favour, absence of reasonable and probable cause, malice, and resulting damage. On the facts discussed, the complaint arose from a partnership dispute and a disputed debit entry, and the court noted that independent evidence was lacking to show that the defendant had knowingly made a false complaint or forged the pay slip signature. The investigating officer and handwriting expert were not examined, and a final report alone was insufficient to prove falsity or want of reasonable cause. Mere closure of the criminal case did not establish malice, and the damages claim for malicious prosecution and defamation failed. Case-Laws Indian Laws Thu, 16 Feb 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287114