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A suit for compensation for malicious prosecution shall be filed within . . . . . . . . from the time when the plaintiff is acquitted or prosecution is otherwise terminated.
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
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?
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:
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
The defendant had filed a complaint to the Magistrate against the plaintiff. The complaint was dismissed. The defendant moved the Sessions Judge in appeal. He got himself examined in Sessions trial although he knew the charge was false and he was acting without reasonable and probable cause. His complaint was dismissed by the Session Judge. Thereupon the plaintiff filed a suit for malicious prosecution against the defendant.
In the aforesaid case, which one of the following conclusion in correct?
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:
The different variant of Date() constructor to create date object is/are ___________ i. new Date(date) ii. new Date(milliseconds) iii. new Date(date string) iv. new Date(year, month, date)
Which of the following requirements form an essential element of the tort of malicious prosecution?
1. Prosecution of the plaintiff by the defendant
2. Termination of the case in favour of the defendant
3. Termination of the case in favour of the plaintiff
4. Presence of reasonable and probable cause
5. Absence of reasonable and probable cause
6. Malice on the part of the defendant
7. Damage suffered by the plaintiff
Select the correct answer using the given below:
In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition suit is decreed, but even after disposal of the suit the original Memorandum of Family Settlement remains in the file of the partition suit, then in such situation whether in a suit for eviction by one of the original co-owner of a tenant of a shop of the joint property which has fallen to the share of that co-owner as per the decree passed on the Memorandum of Family Settlement, can the certified copy of the Memorandum of Family Settlement be filed and proved as a public document in the suit against the tenant?