admindeepak The main points of distinction between false imprisonment and malicious prosecution are: (i) False imprisonment is wrongfully restraining the personal liberty of the plaintiff, malicious prosecution is wrongfully setting the criminal law against him, (ii) In false imprisonment it is the act of the defendant itself or its agent which has caused he injury to … Read more
Malicious Prosecution is a tort maliciously and without reasonable and probable cause to initiate against another judicial criminal proceedings which terminate in favour of that other and which result in damage to his reputation, person freedom or property. For example suppose, ‘A’ makes a false complaint against ‘B’ for having committed burglary with a view … Read more
The most important defence to an action for defamation is that of privilege. “Privilege” means an excuse or immunity conferred by law on statement or communication made on certain occasions called “Privileged occasions.” Privilege is of two kinds : (I) Absolute privilege On certain occasions freedom of speech and expression requires absolute freedom. On such … Read more
A fair and bona fide comment on a matter of public interest is a good defence in an action for defamation. Every person is entitled to express his opinion on matters of public interest. A statement is privileged if it is a fair comment on a matter which is of public interest, or is submitted … Read more
In an action for defamation truth of the defamatory statement is a complete defence. But under the criminal law truth of the statement is no defence. If the defendant proves that the defamatory statement is true, no action will lie for it, even if he had published the statement maliciously. If the statement is true … Read more
According to Dr. Winfield ‘Defamation’ is the publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally or which tends to make them shun or avoid that person. In Drunond Jackson v. B.M.A., the Court accepted the above definition and restated the following observation: Defamation is … Read more
Libel A libel is a publication of a false and defamatory statement in some permanent form tending to injure the reputation of another person without lawful justification or excuse. In an action for libel the statement complained of must be false, permanent in nature and published. It must be in some permanent and visible form, … Read more
False imprisonment as defined in Bird Vs. Jones, is a total restraint of liberty of a person, for however short time, without lawful excuse. It is an unjustified act of arresting, imprisoning or otherwise preventing a person from exercising his right of movement. It should be noted that to constitute a tort of false imprisonment … Read more
The assault or battery may be justified in the following cases: (1) Defence of Person It is a principle of common sense that a person when attacked should be permitted to defend himself. Self defence or defence of one’s wife or husband, children, parents or one’s master is always permissible under English law, This plea … Read more
A battery may be defined as the actual striking of another person or touching him in rude, angry, revengeful or insolent manner. Battery is the actual application of force to the person of another done without justification in a rude, angry manner. In Gole Vs. Turner Holt O. J. observed: First, that the least touching … Read more