Legal Case Summary

Case Details
Case ID 108ae703-e09d-4b9b-afbb-a5d4b9f1dc15
Body View case body.
Case Number Regular Second Appeals Nos.39 and 40 of 1906
Decision Date Jun 20, 1990
Hearing Date May 05, 1990
Decision The court upheld the decision of the learned Civil Judge, which found that the prosecution against the plaintiffs was lodged with no reasonable or probable cause. The plaintiffs suffered significant mental, social, and financial damage due to the malicious prosecution. The court emphasized that damages are awarded not to punish the wrongdoer but to compensate the injured party. The appeals were accepted, and the judgments of the learned Additional District Judge were set aside, restoring the judgments of the learned Civil Judge.
Summary In the case of Regular Second Appeals Nos.39 and 40 of 1906, the Lahore High Court dealt with claims of malicious prosecution where the plaintiffs, Syed Ghayyur Hussain Shah and another, argued that they were falsely accused of abduction and conspiracy to murder. The court found that the accusations were baseless and motivated by malice. The ruling emphasized the importance of protecting individual rights against false allegations, aligning the decision with constitutional protections. This case highlights the legal principles surrounding malicious prosecution, the necessity for reasonable cause in legal actions, and the role of the judiciary in upholding justice.
Court Lahore High Court
Entities Involved Not available
Judges FAZAL KARIM, J
Lawyers Sh. Abdur Rasheed, Pir Anwar Rehman
Petitioners another, Syed GHAYYUR HUSSAIN SHAH
Respondents GHARIB ALAM
Citations 1990 SLD 166, 1990 PLD 432
Other Citations Quinn v. Leathem 1901 AC 495, 506, H. West & Sons Ltd. v. Shepherd 1964 AC 326, 342, Muhammad Amin v. Jogendra Kumar Bannerjee and others AIR 1947 PC 108, Bilbhaddar Singh and another v. Badri Shah and another AIR 1926 PC 40, Raja Baraja Sunder Deb and others v. Bamdeb Das alias Pattanaik and others AIR 1944 PC 1, Muhammad Akram v. Farman Bi PLD 1981 Lah. 200, MacShannon v. Rockware Ltd. (1978) 1 All ER 625, Muhammad Akram v. Farman Bi PLD 1990 SC 28
Laws Involved Constitution of Pakistan, 1973
Sections 4, 14