Consider the following statements in regard to institute a case of malicious prosecution: 1. The proceeding must have been instituted by the defendant. 2. The proceeding must have terminated in favour of the defendant. 3. The defendant must have acted without reasonable and probable cause. 4. The defendant must have acted maliciously. Which of the statements given above are correct?

Which of the following requirements form an essential element of the tort of malicious prosecution?
1. Prosecution of the plaintiff by the defendant
2. Termination of the case in favour of the defendant
3. Termination of the case in favour of the plaintiff
4. Presence of reasonable and probable cause
5. Absence of reasonable and probable cause
6. Malice on the part of the defendant
7. Damage suffered by the plaintiff
Select the correct answer using the given below:

A

1, 3, 5, 6 and 7

B

1, 2, 4, 6 and 7

C

1, 3, 4, 6 and 7

D

1, 2, 5, 6 and 7

Consider the following statements:
In an action for malicious prosecution, the plaintiff must prove that the
1. Plaintiff was prosecuted by the defendant.
2. Prosecution ended in the plaintiffs favour.
3. Defendant acted without reasonable and probable cause.
Which of the statements given above are correct?

A

1 and 2

B

2 and 3

C

1 and 3

D

1, 2 and 3

Assertion (A): In an action for malicious prosecution it must be proved that the defendant had initiated criminal proceeding maliciously and without reasonable and probable cause.
Reason (R): Action for malicious prosecution is instituted in criminal court

A

Both A and R are true and R is the correct explanation of A

B

Both A and R are true but R is not a correct explanation of A

C

A is true but R is false

D

A is false but R is true

Which of the following statements is/are correct in connection with malicious prosecution?
1. Malice is to be inferred from the acquittal of the plaintiff.
2. Malice is not to be inferred from the acquittal of the plaintiff.
3. The plaintiff must prove independently of the acquittal that his prosecution was without reasonable and probable cause,
4. The plaintiff is not required to prove that his prosecution was without reasonable and probable cause.
Select the correct answer using the given below:

A

3 only

B

2 and 3

C

2 and 4

D

1 and 4

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

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

Consider the following statements:
For defamation the plaintiff has to prove that the imputation is false and malicious. In this context malicious means
1. With evil motive
2. Without just cause
3. A factor relevant in assessment of damages
4. An irrelevant plea of defamation
Which of the statements given above is/are correct?

A

With evil motive and without just cause only

B

Without just cause, a factor relevant in assessment of damages and an irrelevant plea of defamation

C

Without just cause only

D

Without just cause and a factor relevant in assessment of damages only

Read the passage carefully and select the best answer to each question out of the given four alternatives.
Public opinion may be passive and false or active and real. It is claimed in theory that all governments are ultimately based on the opinion or sanction of the governed. But we find that in practice the people's rights are often trodden down and tyranny and oppression are allowed to continue. The government does it not because the people want it to do so but because they are too idle, too uneducated and too disunited or timid to oppose the govern ment. Such public opinion is passive and false and not an active verdict. But when we find people alert, intelligent and determined to let the government know their will, when they want to exercise actively their voice in the management of their country, we have an instance of true or active public opinion. True public opinion is formed by and expressed through the press, the platform, political parties and educational institutions. These have sacred duties to perform, duties on which depends the ultimate good of the entire community. The press today wields a tremendous influence, So it should support the causes and move ments and condemn the wrong one's and thus teach people to form correct opinion. A free and fair press ventilates the grievances of the public. Thus a healthy relationship develops between the people and the government through out an unbiased press. Political parties also help to create and regulate opinions. No less important part is played by the educational Institutions which train the minds of the young people who will be the citizens of tomorrow. It has been said that modern Germany and China have been made by their universities. It is necessary that the young and the growing minds should imbibe the spirit of fellow-feeling, the spirit of tolerance, the habit of compromise, and show due regard for the feelings and opinion of others without which a democratic society cannot function, let alone succeed. When there is true awakening of the people, we shall have the real and conscious public opinion. And justice will reign on earth and truly will the voice of the people be the voice of God.
According to the passage, which of the following is needed from the people to have true or active public opinion? 1. Alertness
2. Determination
3. Intelligence
4. Raising their voice

A

1, 2 and 3

B

Only 4

C

2 and 3

D

All of these

X' executed a sale deed in favour of 'Y' on 1^st January, 2002. Subsequently on 10^th January, 2002, 'X' executed a sale deed in respect of the same property in favour of 'Z'. Thereafter the sale deed in favour of 'Z' executed on 10^th January, 2002 was registered on 20^th January, 2002. Whereas the sale deed in favour of 'Y' was registered on 30^th January, 2002.
In the said case, by virtue of section 47

A

The sale deed executed in favour of 'Y' on 1st January, 2002 & registered on 30th January, 2002 shall have precedence & confer title on 'Y'

B

The sale deed executed in favour of 'Z' on 10th January, 2002 & registered on 20th January, 2002 shall have precedence & confer title on 'Z'

C

Both the sale deeds shall be void

D

The sale deeds in favour of 'Y' & 'Z' shall remain valid to the extent of 50% of the property

Read the passage carefully and select the best answer to each question out of the given four alternatives.
Public opinion may be passive and false or active and real. It is claimed in theory that all governments are ultimately based on the opinion or sanction of the governed. But we find that in practice the people's rights are often trodden down and tyranny and oppression are allowed to continue. The government does it not because the people want it to do so but because they are too idle, too uneducated and too disunited or timid to oppose the govern ment. Such public opinion is passive and false and not an active verdict. But when we find people alert, intelligent and determined to let the government know their will, when they want to exercise actively their voice in the management of their country, we have an instance of true or active public opinion. True public opinion is formed by and expressed through the press, the platform, political parties and educational institutions. These have sacred duties to perform, duties on which depends the ultimate good of the entire community. The press today wields a tremendous influence, So it should support the causes and move ments and condemn the wrong one's and thus teach people to form correct opinion. A free and fair press ventilates the grievances of the public. Thus a healthy relationship develops between the people and the government through out an unbiased press. Political parties also help to create and regulate opinions. No less important part is played by the educational Institutions which train the minds of the young people who will be the citizens of tomorrow. It has been said that modern Germany and China have been made by their universities. It is necessary that the young and the growing minds should imbibe the spirit of fellow-feeling, the spirit of tolerance, the habit of compromise, and show due regard for the feelings and opinion of others without which a democratic society cannot function, let alone succeed. When there is true awakening of the people, we shall have the real and conscious public opinion. And justice will reign on earth and truly will the voice of the people be the voice of God.
Who among the following has tremendous influence in forming the true public opinion?

A

Press

B

Political parties

C

Educational intuitions

D

God man

Read the passage carefully and select the best answer to each question out of the given four alternatives.
Public opinion may be passive and false or active and real. It is claimed in theory that all governments are ultimately based on the opinion or sanction of the governed. But we find that in practice the people's rights are often trodden down and tyranny and oppression are allowed to continue. The government does it not because the people want it to do so but because they are too idle, too uneducated and too disunited or timid to oppose the govern ment. Such public opinion is passive and false and not an active verdict. But when we find people alert, intelligent and determined to let the government know their will, when they want to exercise actively their voice in the management of their country, we have an instance of true or active public opinion. True public opinion is formed by and expressed through the press, the platform, political parties and educational institutions. These have sacred duties to perform, duties on which depends the ultimate good of the entire community. The press today wields a tremendous influence, So it should support the causes and move ments and condemn the wrong one's and thus teach people to form correct opinion. A free and fair press ventilates the grievances of the public. Thus a healthy relationship develops between the people and the government through out an unbiased press. Political parties also help to create and regulate opinions. No less important part is played by the educational Institutions which train the minds of the young people who will be the citizens of tomorrow. It has been said that modern Germany and China have been made by their universities. It is necessary that the young and the growing minds should imbibe the spirit of fellow-feeling, the spirit of tolerance, the habit of compromise, and show due regard for the feelings and opinion of others without which a democratic society cannot function, let alone succeed. When there is true awakening of the people, we shall have the real and conscious public opinion. And justice will reign on earth and truly will the voice of the people be the voice of God.
Which of the following is not the reason for the oppression caused to general public by the running government in the country?

A

People want themselves such kind of atrocities to be done to them

B

People are uneducated

C

People are disunited

D

People are timid to oppose the government