{"id":745,"date":"2017-12-14T08:38:44","date_gmt":"2017-12-14T08:38:44","guid":{"rendered":"http:\/\/atmateen.com\/?p=745"},"modified":"2017-12-14T08:38:44","modified_gmt":"2017-12-14T08:38:44","slug":"format-suit-of-damages-for-malicious-prosecution-and-defamation","status":"publish","type":"post","link":"https:\/\/atmateen.com\/format-suit-of-damages-for-malicious-prosecution-and-defamation\/","title":{"rendered":"Format Suit Of Damages For Malicious Prosecution"},"content":{"rendered":"\n
What is malicious prosecution? The \u201cMalicious prosecution is a common law intentional tort\u201d. Its elements include (1) intentionally instituting and pursuing a legal action whether it’s civil or criminal<\/a> (2) brought without probable cause (3) dismissed in favor of the victim of the malicious prosecution.<\/p>\n\n\n\n Criminal prosecuting lawyers and judges are protected from malicious prosecution tort liability because of prosecutorial immunity and judicial immunity.<\/p>\n\n\n\n You can initiate a suit for malicious prosecution and claim for \u201cabuse of process of law.\u201d If you believe that a lawsuit was brought against which was false or had an improper purpose in it.<\/p>\n\n\n\n Then you might have a claim of \u201cabuse of process\u201d against the one who sued you. Your lawyer<\/a> can discuss this with you. Sue for malicious prosecution and claim recovery o damages after you defeat the frivolous case.<\/p>\n\n\n\n To prove malicious prosecution and to win a suit for malicious prosecution, the plaintiff must prove 4 elements that are:<\/p>\n\n\n\n The plaintiff in a suit for malicious prosecution can recover damages from the defendant for certain harms suffered. Usually, these injuries include loss of reputation and credit, humiliation, and mental suffering.<\/p>\n\n\n\n If the original action was a criminal case<\/a>, then additional harms often include discomfort, injury to health, loss of time, and deprivation of society with family. Moreover you cal also lodge FIR u\/s 182 of PPC Pakistan.<\/p>\n\n\n\n Read Also:<\/strong> Format of Application Under Section 22-A Cr.PC To Register Criminal Case<\/a><\/p>\n\n\n\n The victim who is a plaintiff or his legal representative can file a suit for malicious prosecution and defamation. In prayer, they can request from the court to award damages.<\/p>\n\n\n\n Here is a brief list of malicious prosecution case law in Pakistan. Only the case law citation is explained here.<\/p>\n\n\n\n In this short article, the draft suit for damages for malicious prosecution and defamation is provided for the guideline of new lawyers.<\/p>\n\n\n\n IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.<\/strong><\/p>\n\n\n\n In the matter of:-<\/strong><\/p>\n\n\n\n MYA son of KDA resident of _________ District Rawalpindi.<\/p>\n\n\n\n \u2026Plaintiff<\/strong><\/p>\n\n\n\n Dr. ANK son of NMK resident of ________________, presently C\/o ______________, Rawalpindi.<\/p>\n\n\n\n \u2026Defendant<\/strong><\/p>\n\n\n\n SUIT FOR RECOVERY OF RUPEES 5,00,000,00\/- ON ACCOUNT OF DAMAGES FOR MALICIOUS PROSECUTION AND DEFAMATION.<\/strong><\/p>\n\n\n\n Respectfully Sheweth,<\/strong><\/p>\n\n\n\n a. Injury\/ loss to reputation as a person = Rs.3,00,000,00\/-<\/strong><\/p>\n\n\n\n b. Mental torture and physical agony = Rs. 1,00,000,00\/-<\/strong><\/p>\n\n\n\n c. Loss in family honor = Rs. 99,00,000\/-<\/strong><\/p>\n\n\n\n a. Legal assistance & General =<\/strong> Rs.100,000\/-<\/strong><\/p>\n\n\n\n GRAND TOTAL<\/strong> = <\/strong> Rs.5,00,000,00\/-<\/strong><\/p>\n\n\n\nCan You Sue For Malicious Prosecution<\/h2>\n\n\n\n
How To Prove-Malicious Prosecution in the Court<\/h2>\n\n\n\n
Relief In Suit For Malicious Prosecution Damages <\/span><\/h2>\n\n\n\n
Who Can Sue Malicious Prosecution<\/h2>\n\n\n\n
Important Malicious Prosecution Case Law In Pakistan<\/h3>\n\n\n\n
Format of Suit for Malicious Prosecution and Damages<\/h2>\n\n\n\n