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Law · Q182

Law Of Torts

Graduate and Post Graduate · Law · question 182

Q182

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?

A.
The defendant is liable for malicious prosecution
Answer
B.
The defendant is not liable for malicious prosecution
C.
The defendant is not liable to pay damages to the plaintiff
D.
The plaintiff suit must be dismissed

Answer: Option A

Solution

Answer: Option A
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