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ORIGINAL SUIT No. 352 OF 2015

Case between Moideen Koya Haji vs Saidalavi Thangal regarding malicious prosecution

Court
IN THE COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-29
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Moideen Koya Haji is the plaintiff who claims compensation for malicious prosecution by the defendant, Saidalavi Thangal. The plaintiff alleges that the defendant falsely accused him, which led to his prosecution and caused him mental and financial distress.

Judgment Outcome

Defendant Won
Interim Order
The suit for compensation for malicious prosecution was dismissed, with the court finding that the defendant had reasonable and probable cause for initiating the prosecution against the plaintiff.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit for compensation for malicious prosecution was dismissed, with the court finding that the defendant had reasonable and probable cause for initiating the prosecution against the plaintiff.
Key Reasoning:
The defendant had reasonable and probable cause for initiating the prosecution, as the evidence did not support the plaintiff's claims of malicious intent.
Why Defendant Won:
The defendant had reasonable and probable cause for initiating the prosecution, as the evidence did not support the plaintiff's claims of malicious intent.
Supporting Evidence
The plaintiff has failed to prove that the defendants acted without reasonable and probable cause and with malice.

Judgment Evidence:

In the result, the suit is dismissed with cost.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Moideen Koya Haji
Party Age
77
Relation
S/o
Party Role
Defendant
Party Name
Saidalavi Thangal
Relation
S/o
Plaintiffs Documents
Certified copy of Judgment in CC. No.447/2009, JFCM-1, Tirur, Order No. SA.1/2009 dt; 18-1-2017 of the Labour Commissioner, Palakkad
Defendants Documents
Certified copy of FIR No.1124/08 in Crime No. 1124/2008 of Tirur Police, Certified copy of FIS in Crime No. 1124/2008 of Tirur Police, Certified copy of Final Report in Crime No. 1124/2008 of Tirur Police.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Nazir Ahamed
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.M.A.Ismail
Appearance Type
Main Counsel

Reliefs

Relief Type: Damages
Outcome: Refused
Description:
The plaintiff claimed Rs. 63,000/- as compensation for malicious prosecution.
Evidence:
The suit is dismissed with cost.

Documents & Evidence

Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
This judgment was produced to prove the acquittal of the plaintiff in the criminal case.
Reference:
Ext.A1
Document Type: Order
Submitted By: Plaintiff
Relevance:
This order was referenced in the context of the plaintiff's position and claims.
Reference:
Ext.A2
Document Type: Certified copy of FIR
Submitted By: Defendant
Relevance:
This document details the police complaint initiated by the defendant against the plaintiff.
Reference:
Ext.B1
Document Type: Certified copy of FIS
Submitted By: Defendant
Relevance:
This FIS was filed by the defendant and was central to the prosecution of the plaintiff.
Reference:
Ext.B2
Document Type: Certified copy of final report
Submitted By: Defendant
Relevance:
This report pertains to the outcome of the criminal proceedings against the plaintiff.
Reference:
Ext.B3

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Malicious prosecution
Case Code
Case between Moideen Koya Haji vs Saidalavi Thangal regarding malicious prosecution
Case Code Year
Case between Moideen Koya Haji vs Saidalavi Thangal regarding malicious prosecution

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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