| Case ID |
108ae703-e09d-4b9b-afbb-a5d4b9f1dc15 |
| Body |
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| 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
|