(a) Tort — Malicious prosecution — Burden of proof.
In an action for malicious prosecution, the plaintiff has to prove (a) that he was prosecuted by the defendant; (b) that the proceedings complained of terminated in favour of the plaintiff; (c) that the prosecution was instituted without any reasonable and probable cause; and (d) that it was due to a malicious intention. A.I.R. 1926 PC 46, Foll. (Para 3)
(b) Civil P. C. (1908), S. 100 — Concurrent finding of fact.
A concurrent finding of fact that there was absence of reasonable and probable cause for the prosecution, based on evidence is binding in second appeal.
(Para 3)
Anne: C. P. C., Ss. 100 and 101 N. 39 and 5.
(c) Tort — Malicious prosecution — Proof of malice.
Malice can be inferred in certain circumstances from absence of reasonable and probable cause. If a prosecution is launched with the knowledge that the accused has committed no offence then whatever may be the motive which actuates the prosecutor, the prosecution would be considered to be due to malicious intention in law. (1892) 2 QBD 718 and A.I.R. 1936 Mad 547, Rel. on.
