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Author Topic: Malicious prosection case  (Read 1073 times)

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Offline raj88

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Malicious prosection case
« on: May 08, 2016, 12:08:00 AM »


Person P1 (residing at place A) wants to file malicious prosecution case against Person P2 (residing at place B ).

Person P2 initially filed false case against Person P1 at place A. The permanent resident address of Person P2 is C.

 

So, my question is where should person P1 file case against P2

Place A - where false case was first filed and current place of Person P1
Place B-  where the person P2 is currently residing
Place C - The permanent address of Person p2


Please advice

Person P1 is old man , so cannot travel to either place B or Place C


Offline advjaibansal

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Re: Malicious prosection case
« Reply #1 on: May 08, 2016, 05:09:52 AM »
Dear Sir,

The case for malicious prosecution can be filed in the same court, where earlier false case was filed. You may also seek damages in the case for malicious prosecution case.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rajgopal sripathi

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Re: Malicious prosection case
« Reply #2 on: May 10, 2016, 08:20:58 AM »
P1 should file the case only in place where P1 is residing. 


Rajgopal Sripathi
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email:rajgopal@legalwin.in

Offline advjaibansal

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Re: Malicious prosection case
« Reply #3 on: May 10, 2016, 11:12:31 PM »
Dear Sir,

As per my knowledge the cause of action for filing the malicious prosecution case will be made out at the place where earlier false case was filed and registered, i mean in the same district court. In case for malicious prosecution the cause of action may not depend not he residence of A Or B. It may depend, where the case was filed.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline raj88

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Re: Malicious prosection case
« Reply #4 on: September 10, 2016, 11:30:48 AM »
Thank you advjaibansal and rajgopal sripathi

What will be the time limitation for initiation of malicious suit?

If the case got dismissed 2 years back, some people say 1 year time limitation and some people say 2 years time limitation for initiation of such suit.

Please advice

Offline raj88

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Re: Malicious prosection case
« Reply #5 on: September 11, 2016, 12:15:59 PM »

Also please advice if the plaintiff under stress and because of medical reason will there be any concession  on period of limitation

please advice

Offline advjaibansal

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Re: Malicious prosection case
« Reply #6 on: September 13, 2016, 01:26:24 AM »
Dear Sir,

As such there is no prescribed period of limitation period for filing a suit for malicious prosecution. I think i may be well within limitation if filed in two years time. You may explain the reasons in the suit itself for filing it after two years. Medical grounds are good reasons for condonation of delay.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline raj88

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Re: Malicious prosection case
« Reply #7 on: September 13, 2016, 01:32:18 PM »

Thank you advjaibansal for clarification. I still have some confusion .

Some websites says it is 1 year.

http://www.vakilno1.com/bareacts/limitationact/limitationact.html#PART_VII_8211_Suits_relating_to_torts

Can you please confirm if 2 years delay is fine when applying malicious prosecution cases? The case ended on Dec 2014.

Thanks again for your help

Offline advjaibansal

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Re: Malicious prosection case
« Reply #8 on: September 14, 2016, 03:31:10 AM »
Dear Sir,

You are right the limitation is one year. Hence for filing the suit for malicious prosecution you need to file application under section 5 of limitation act for condonation of delay on the medical grounds. please do attach the medical documents in support of your delay application.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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