Tort of Malicious Prosecution in Pakistan

15 Pages Posted: 3 Jan 2010  

Faisal Daudpota

Advocate High Court

Date Written: January 1, 2010

Abstract

This article explores the nature of the tort of malicious prosecution in Pakistan. The first part tells us as to how this tort has been defined and which essential elements are accepted by Pakistani Courts. The second part is a compilation of rulings as to the relevant concepts of ‘malice’, ‘reasonable and probable cause,’ ‘damages,’ and ‘burden of proof.' The third part explains the scenarios of abatement of suit and the applicable limitation for filing of such suits for malicious prosecution. The fourth part describes the Courts’ handling of complex issues relating to malicious abuse of civil proceedings, and Courts’ departure from common law to find solutions for litigants. Finally, the fifth part constitutes the conclusion of the article.

Keywords: Pakistan, Tort, Malicious Prosecution

Suggested Citation

Daudpota, Faisal, Tort of Malicious Prosecution in Pakistan (January 1, 2010). Available at SSRN: https://ssrn.com/abstract=1530241 or http://dx.doi.org/10.2139/ssrn.1530241

Faisal Daudpota (Contact Author)

Advocate High Court ( email )

Karachi
Pakistan

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