Suit for malicious prosecution against government authorities is ...

Malicious prosecution suit against government authorities barred for late notice, overruling HC's view. Notice must precede limitation expiry per precedents.

Case Laws Customs

August 7, 2024

Suit for malicious prosecution against government authorities is barred by limitation as notice u/s 80 CPC was issued after expiry of limitation period, contrary to rulings in Executive Engineer, Irrigation Division, Puri v. Gangaram Chhapolia and State of Gujarat v. Kothari and Associates, which mandate notice before limitation expires. High Court's view declaring suit maintainable is set aside and quashed, with declaration that suit is time-barred.

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Suit for malicious prosecution against government authorities is ...

Malicious prosecution suit against government authorities barred for late notice, overruling HC's view. Notice must precede limitation expiry per precedents.

Case Laws Customs

August 7, 2024

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