Citation Name: 2023 MLD 416 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NAWAB KHAN vs BAHADER SHER Recovery

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Citation Name: 2023 MLD 416 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NAWAB KHAN VS BAHADER SHER Recovery of damages---Preconditions---For a claimant to succeed in action for malicious prosecution, must plead and prove, with credible and cogent evidence, fulfillment of following ingredients: (i) plaintiff was prosecuted by defendant; (ii) prosecution ended in favour of plaintiff; (iii) defendant acted without reasonable and probable cause; (iv) defendant was actuated by malice with improbable motive and not to further the ends of justice; and (v) proceedings interfered with plaintiff's liberty and had also affected his reputation and plaintiff had suffered damages. Citation Name: 2023 MLD 416 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NAWAB KHAN VS BAHADER SHER Object, purpose and scope---Law for damages is enacted with the sole purpose to discourage frivolous litigation---Such is the only tool which can curb the menace. Citation Name: 2023 MLD 416 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NAWAB KHAN VS BAHADER SHER Damages---Recovery of damages---Acquittal from criminal case---Effect---Respondent/plaintiff after his acquittal from criminal charge, sought recovery of damages for malicious prosecution against petitioner/defendant who had registered criminal case against him---Two Courts below decreed the suit in favour of respondent/plaintiff---Validity---Every case, which ends in acquittal does not ipso facto entitle the acquitted accused to sue for damages, as in that eventuality, damage caused would be beyond repair and criminal justice system would come to a halt---By doing so, aggrieved person would suffer at the hands of incompetent investigation and people would lose courage to register their claims and the same would in turn lead to a chaos---Burden remains on the person, claiming damages, to prove that the charge against him was outcome, of malice and mala fide and that the sole purpose was to tarnish his character and damage his reputation---For malicious prosecution, it was the bounden duty of respondent/ plaintiff to convince Court of competent jurisdiction, that proceedings against him were outcome of malice and mala fide---Petitioner/ defendant charged both rival groups that by itself was sufficient to tell that petitioner/defendant had no mala fide against plaintiff/ respondent, rather he acted with bona fide---If there had he any malice, he would have singularly charged plaintiff/respondent---High Court set aside judgments and decrees passed in favour of respondent/plaintiff, as both the Courts below fell into error and failed to appreciate the issue in its true perspective---Revision was allowed accordingly. Citation Name: 2023 MLD 416 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NAWAB KHAN VS BAHADER SHER 'Malice'---Defined.

Citation Name: 2023 MLD 416 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NAWAB KHAN vs BAHADER SHER Recovery of damages — 2023 MLD 416 PESHAWAR-HIGH-COURT

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