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A theft had been committed in the defendant's house. He informed the police that he suspected the plaintiff for the same. Therefore the plaintiff was arrested by the police. A complaint was filed by the defendant but the plaintiff was subsequently discharged by the magistrate as the final report showed that there was no evidence connecting the plaintiff with the theft. The plaintiff filed a suit for damages on the ground of malicious prosecution.
In the above case, which one of the following decisions is correct?
The plaintiff instructed his Banker to deposit excise duty on his behalf in the Govt. treasury and debit the current account of plaintiff. The Bank deposited the said sum in the treasury. Later the plaintiff came to know, that the said amount was embezzled by the Treasurer and the Accountant of the treasury and the amount was not credited in the name of the plaintiff. If the plaintiff brings an action against the State for damages then the State is:
Plaintiff was the chairperson of the town meeting. The defendant having been very vociferous, a motion was made and carried out by majority that the defendant be turned out. The defendant said he would rather pull out the plaintiff than he turned out. He advanced menacingly towards the plaintiff with clinched fists, but his advance was prevented by a warden. Decide appropriate civil action against the defendant for his action against the plaintiff.
A quantum merit claim might arise in situations some of which are contractual and others quasi-contractual. The plaintiff entered into an agreement to write for a periodical and, as per the agreement, he was to receive a lump sum amount on the completion of the work. When the plaintiff had written part of the work, the defendant abandoned the project. The plaintiff was held entitled to sue for the work already done because the plaintiff's claim was-
In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is
Which of the following statements is/are correct in connection with malicious prosecution?
1. Malice is to be inferred from the acquittal of the plaintiff.
2. Malice is not to be inferred from the acquittal of the plaintiff.
3. The plaintiff must prove independently of the acquittal that his prosecution was without reasonable and probable cause,
4. The plaintiff is not required to prove that his prosecution was without reasonable and probable cause.
Select the correct answer using the given below:
In a suit for money a decree is passed by consent whereby the defendant is directed to pay to the plaintiff Rs. 35,000. It is further declared by the decree that the plaintiff should have a first charge on certain immovable property belonging to the defendant. Is the plaintiff entitled to have the property sold in execution of the decree without institution a regular suit for sale on the charge?
An order under O. 33, r 11 directing the pauper plaintiff to pay the Court-fees can only be made in which of the following cases?
1. Where the plaintiff fails in the suit
2. Where the plaintiff is dispaupered under r 9
3. Where the suit is withdrawn
4. Where the suit is dismissed under the circumstances specified in clause (a) or cl. (b)
The plaintiff, a bullion merchant; was arrested by the police on a charge of purchasing stolen goods. Gold and silver ornaments were seized from the plaintiff and were kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted, brought an action against the State for compensation. In this case compensation is:
In which of the following situations is communication treated as published and defamatory?
1. Dictating a letter to one's typist containing defamatory statement about another
2. Sending a defamatory letter to the plaintiff in a language supposed to be known to the plaintiff
3. The husband writing a letter to his wife containing some defamatory aspersions concerning her father
4. When a libelous letter addressed to the plaintiff is, in the ordinary course of business, opened by his clerk
Select the correct answer using the given below: