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Zulfiqar Ahmed vs Muhammad Nadeem action for malicious prosecution — 2024 MLD 1237 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 1237 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Zulfiqar Ahmed vs Muhammad Nadeem action for malicious prosecution

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Zulfiqar Ahmed VS Muhammad Nadeem action for malicious prosecution---Ingredients---Proceedings initiated by the claimant require that the original proceedings (prosecution) must have been malicious and without any reasonable and probable cause---Every person in the society has a right to seek protection of his rights, but while doing so, such person should not infringe the corresponding rights of others by instituting improper legal proceedings in order to harass them by unjustifiable litigations---To succeed in an action for malicious prosecution, a claimant must plead and prove the following ingredients: (i) that plaintiff was prosecuted by the defendant; (ii) that the prosecution ended in favour of the plaintiff; (iii) that the defendant acted without reasonable and probable cause; (iv) that the defendant was actuated by malice with improbable motive and not to further the ends of justice; and (v) that the proceedings had interfered with the plaintiff's liberty and had also affected his reputation and the plaintiff had suffered damages.

Other judgments reported in 2024 MLD

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