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Minakshisundrum Pillai Vs. Ayyathorai - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1895)ILR18Mad136
AppellantMinakshisundrum Pillai
RespondentAyyathorai
Excerpt:
malicious prosecution - prosecution by a police constable--whether acting in his official capacity or not--malice. - .....lawful for him to plead that such act was under a warrant. done by him under the authority of a warrant issued by amagistrate. such plea shall be proved by the production of the warrant directing the act, and pur- porting to be signed by such magistrate, and the defendant proviso. shall thereupon be entitled to a decree in his favour, notwith- standing any defect of jurisdiction in such magistrate. no proof of the signature of such magistrate shall be necessary, unless the court shall see reason to doubt its being genuine. provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section.]
Judgment:

4. We must accept the finding. We cannot say that the Judge dealing with the whole evidence has omitted to take into account that the burden of proof was on the plaintiff.

5. The appeal is dismissed with costs.

[1]

[Section 43: When any action or prosecution shall he brought or any proceeding held

against any Police Officer for any act done by him in such

Plea that act was done capacity, it shall he lawful for him to plead that such act was

under a warrant. done by him under the authority of a warrant issued by a

Magistrate.

Such plea shall be proved by the production of the warrant directing the act, and pur-

porting to be signed by such Magistrate, and the defendant

Proviso. shall thereupon be entitled to a decree in his favour, notwith-

standing any defect of jurisdiction in such Magistrate. No

proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason

to doubt its being genuine. Provided always that any remedy which the party may have

against the authority issuing such warrant shall not be affected by anything contained in

this section.]


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