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?

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

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?

A

1, 2 and 3

B

1, 3 and 4

C

2, 3 and 4

D

1, 2 and 4

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

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

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

A theft had been committed in the defendant's house. He informed the police that he suspected the plaintiff for the same. Therefore the plaintiff was arrested by the police. A complaint was filed by the defendant but the plaintiff was subsequently discharged by the magistrate as the final report showed that there was no evidence connecting the plaintiff with the theft. The plaintiff filed a suit for damages on the ground of malicious prosecution.
In the above case, which one of the following decisions is correct?

A

The plaintiff is entitled to claim damages from the defendant

B

The plaintiff is entitled to claim damages from the police

C

The plaintiff is entitled to claim damages from both

D

The plaintiff is not entitled to claim damages for malicious prosecution at all

Plaintiff was the chairperson of the town meeting. The defendant having been very vociferous, a motion was made and carried out by majority that the defendant be turned out. The defendant said he would rather pull out the plaintiff than he turned out. He advanced menacingly towards the plaintiff with clinched fists, but his advance was prevented by a warden. Decide appropriate civil action against the defendant for his action against the plaintiff.

A

Mischief

B

Threat

C

Assault

D

Battery

Principle: A person is duty bound to act with such reasonable caution as a prudent man would have exercised under such circumstances.
Facts: The defendant 'D', built a hay stack near the boundary of his land which bordered the plaintiffs land. He had been warned several times by many in the vicinity over a period of five weeks that the manner in which he built the hay stack was dangerous. The defendant's hay stack had been built with a precautionary "chimney" to prevent the hay from spontaneously igniting, but one day it caught fire. Consequently, the hay ignited and spread to the plaintiffs land, burning down two of the plaintiffs cottages.
Is 'D' liable?

A

There is no duty on the defendant to be responsible for the consequential damage

B

As the hay stack had been built with a precautionary "chimney" to prevent the hay from spontaneously igniting, 'D' could be said to have taken reasonable care and hence he is not liable

C

The defendant ought to adhere to the rule which requires in all cases a regard to caution such as a man of ordinary prudence would observe and hence, 'D' is liable

D

According to the principle of strict liability, 'D' is liable to compensate the loss to his neighbour

A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:
1. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.
2. Where neither the plaintiff nor the defendant appears.
3. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
4. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.

A

1, 2 and 3

B

1, 3 and 4

C

2, 3 and 4

D

All of the avove

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