https://www.taxtmi.com/caselaws?id=303665 An action for malicious prosecution requires proof of prosecution by the defendant, termination in the plaintiff's favour, absence of reasonable and probable cause, and malice. On the facts stated, the court held that the complaint against Ghani Sahib was supported by credible information, enquiry, legal advice and police investigation, so there was reasonable and probable cause and no malice; the decree in his favour could not stand. By contrast, the accusation against Peria Mohammad Rowthar rested only on suspicion, with no substantive evidence of instigation or active participation, so reasonable and probable cause was lacking and malice was found; the damages award in his favour was upheld. en-us Mon, 10 Dec 1956 00:00:00 +0530 Thu, 04 Aug 2022 14:50:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303665 An action for malicious prosecution requires proof of prosecution by the defendant, termination in the plaintiff's favour, absence of reasonable and probable cause, and malice. On the facts stated, the court held that the complaint against Ghani Sahib was supported by credible information, enquiry, legal advice and police investigation, so there was reasonable and probable cause and no malice; the decree in his favour could not stand. By contrast, the accusation against Peria Mohammad Rowthar rested only on suspicion, with no substantive evidence of instigation or active participation, so reasonable and probable cause was lacking and malice was found; the damages award in his favour was upheld. Case-Laws Indian Laws Mon, 10 Dec 1956 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303665