Asghar Ali vs Muhammad Asghar Pre-requites — 2025 MLD 1 LAHORE-HIGH-COURT-LAHORE

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Asghar Ali VS Muhammad Asghar Pre-requites---appellant initiated litigation against the respondent on account of illegal allotment of government land (Charagah) and ultimately was declared unsuccessful---Respondent filed a suit for damages for malicious prosecution against the appellant, which was partially decreed by the Trial Court---Validity---Institution of criminal or civil proceeding for an improper purpose and without probable cause is not justifiable---Person who claims for compensation on account of malicious prosecution, must also establish the connection between the reasonable and probable cause and the malice---For the purposes of bringing a claim for malicious prosecution the requirements of "absence of reasonable and probable cause" and "malice" are separate requirements although they may be twined---Every prosecution/ inquiry which ends in a clean chit for the opponent will not per-se entitle the opponent to file a suit for compensation---Existence of malice itself is not sufficient to prove malicious prosecution but should be accompanied by proof of absence of reasonable and probable cause and the malice should be proved affirmatively---Revenue hierarchy from time to time issued notifications that the 'Charagah' lands had expressly been excluded from every grant, thus, any alienation or grant of proprietary rights thereof were not in consonance with the Government policy---District Collector, Mandi Bahauddin, was not competent to allot Charagah's land under the policy without obtaining permission from the Board of Revenue, so, the order for allotment of land to the respondent under Lambardari grant was without lawful authority and was rightly cancelled and it was also very much clear that the appellant had rightly pointed out regarding wrong allotment of land to the respondent under Lambardari grant and his act was without any malice, thus, the appellant filed the appeal with a reasonable and probable cause and the proceedings initiated against the respondent was without any malice---appeal was allowed, in circumstances.

Asghar Ali vs Muhammad Asghar Pre-requites — 2025 MLD 1 LAHORE-HIGH-COURT-LAHORE

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