Search Results for "legal malice"

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Search Results for "legal malice"

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High Court

Bombay High Court Dismisses Suit for Malicious Prosecution — Plaintiff Fails to Prove Malice and Absence of Reasonable and Probable Cause. The court held that the plaintiff must establish both malice and lack of reasonable and probable cause for the prosecution, and that the acquittal in the criminal case does not automatically entitle the plaintiff to damages.

27 Apr 2005

The plaintiff, Shyam Sunder Bubna, filed a suit for malicious prosecution against M/s. Savani Transport Private Limited and its branch manager, Akhtar...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, without allegations of malice and lack of reasonable cause, is not maintainable and the plaint is liable to be rejected under Order VII Rule 11 CPC.

2 Jul 2026

The applicant, Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court challenging an order dated 2nd January 2024 passed ...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that the mere fact of acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, does not, by itself, give rise to a cause of action for a suit for malicious prosecution, and the plaint is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2 Jul 2026

The applicant, Mr. Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court, Circuit Bench at Kolhapur, challenging an orde...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in cheque dishonour proceedings is not maintainable when the cheque was admittedly issued by the plaintiff.

2 Jul 2026

The applicant (defendant in the original suit) filed a Civil Revision Application under Section 115 CPC challenging the order of the Trial Court dated...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Medical Negligence Suit — Order 7 Rule 11 CPC Application Not Maintainable as Plaint Discloses Cause of Action. The court held that dismissal of criminal case does not operate as res judicata in civil suit and limitation is a mixed question of fact and law not to be decided summarily.

4 Sep 2012

The judgment arises from two Civil Revision Applications filed by Dr. M. N. Pal, the former Dean of Goa Medical College, challenging an order dated 03...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

Bombay High Court Dismisses Suit Challenging Expulsion of Club Member — Expulsion Upheld as Valid and Not Violative of Natural Justice. Member's Defamatory Conduct and Misconduct Justified Expulsion Under Club Bye-laws.

31 Jul 2013

The Plaintiff, Jaisingh Choraria, a member of The National Sports Club of India since 1989, filed a suit challenging his expulsion from the Club. The ...

High Court

Bombay High Court Quashes Criminal Defamation Proceedings Against Advocate for Publishing Notice of Revocation of Power of Attorney. Publication of a legal notice in newspaper cautioning public not to deal with property based on revoked power of attorney does not constitute defamation under Section 500 IPC as it is a privileged communication made in good faith for protection of client's interest.

7 Jun 2023

The applicant, an advocate, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 04.02.2017 pass...

High Court

Bombay High Court Declares Respondent Vexatious Litigant Under Maharashtra Vexatious Litigation (Prevention) Act, 1971 for Habitually Filing Baseless Proceedings Against Tenant. Landlord-Tenant Dispute Leads to Declaration of Vexatious Litigant Due to Habitual Filing of Frivolous Applications and Abusive Conduct.

6 May 2011

The Advocate General for the State of Maharashtra filed a petition under Section 2(1) of the Maharashtra Vexatious Litigation (Prevention) Act, 1971, ...

Supreme Court

Supreme Court Upholds Contempt Proceedings Against Litigant for Frivolous Filings and Disparaging Judicial Remarks. Court imposed costs and restrictions on future public interest litigations due to abuse of process and violation of orders under Contempt of Courts Act, 1971.

29 Sep 2021

The dispute originated from a writ petition filed by Suraz India Trust, represented by its chairman Mr. Rajiv Daiya, against the Union of India. The S...

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