September 26, 2018

Law of Malicious Prosecution ....Damages in public law in addition to damages in suit..

S Nambi Narayanan  2018 (11)SCALE page 171 on page 184 in para 31, when criminal law is set into motion without basis, Art 21 is violated and a person against whom a false case is filed is entitled to compensation, this us under Public Law under Art 226 or Art 32... The damage he can claim in suit could be additional. Because in this case, even if suit for damage was pending, Supreme Court awarded damage of Rs.50 Lakh for malicious prosecution.