Consider the following statements in regard to institute a case of malicious prosecution:
1. The proceeding must have been instituted by the defendant.
2. The proceeding must have terminated in favour of the defendant.
3. The defendant must have acted without reasonable and probable cause.
4. The defendant must have acted maliciously.
Which of the statements given above are correct?

Consider the following statements in regard to institute a case of malicious prosecution:
1. The proceeding must have been instituted by the defendant.
2. The proceeding must have terminated in favour of the defendant.
3. The defendant must have acted without reasonable and probable cause.
4. The defendant must have acted maliciously.
Which of the statements given above are correct? Correct Answer 1, 3 and 4

Bissoy MCQ

Related Questions

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:
Consider the following statements:
In an action for malicious prosecution, the plaintiff must prove that the
1. Plaintiff was prosecuted by the defendant.
2. Prosecution ended in the plaintiffs favour.
3. Defendant acted without reasonable and probable cause.
Which of the statements given above are correct?
Assertion (A): In an action for malicious prosecution it must be proved that the defendant had initiated criminal proceeding maliciously and without reasonable and probable cause.
Reason (R): Action for malicious prosecution is instituted in criminal court
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:
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?
X' executed a sale deed in favour of 'Y' on 1st January, 2002. Subsequently on 10th January, 2002, 'X' executed a sale deed in respect of the same property in favour of 'Z'. Thereafter the sale deed in favour of 'Z' executed on 10th January, 2002 was registered on 20th January, 2002. Whereas the sale deed in favour of 'Y' was registered on 30th January, 2002.
In the said case, by virtue of section 47
Consider the following statements:
For defamation the plaintiff has to prove that the imputation is false and malicious. In this context malicious means
1. With evil motive
2. Without just cause
3. A factor relevant in assessment of damages
4. An irrelevant plea of defamation
Which of the statements given above is/are correct?
The conciliation proceedings are terminated by:
1. signing of settlement agreement by parties.
2. conciliator, at his own, declaring in writing that further efforts are no longer justified.
3. written declaration by the parties to the conciliator that conciliation proceedings are terminated.
4. written declaration by one party to the other party and concilator that conciliation proceedings are terminated.
Select the correct answer using the given below:
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?
Consider the following statements:
1. A public servant accepted gratification to show favour to a person.
2. A person expecting to become a public servant accepted gratification to show favour.
3. A person not expecting to be in office accepted gratification to show favour.
Which of the above amount to an offence by a public servant u/s 161 Indian Penal Code?