The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts December 11 1899

The Court said that it was well established that in such a case the Plaintiff had to establish two things in addition to the fact of the acquittal ; not only the absence of reasonable or probable cause for the prosecution but actual malice on the part of the Defendant in undertaking the prosecution. [...] The pratical effect of that was to consolidate the debt on the factories account with the principal sum metioned in the deed and to give the bankers a security on the taluka for the debt of the factories. [...] The Plaitiffs were the owners of an estate in the district of Cuttack ; on the 26t11 4pril they remitted the revenue due for the April list by a money-order through the Bhadrak Post Office ; the money-order was by mistake of the Post Office sent to Balasore ; the Collector of Balasore refused to accept the money ; it was afterwards sent to Cuttack where it was received in the Collectorate on th [...] The Defendants pleaded that the Plaintiff had no cause of aelion that the boundaries given were incorrect ; tharthe rent-decree was not fraudu~ lent and that it could not be set aside ; that the Court had jurisdiction to try the suit which' was properly brought ; that the tenure which was the subject-matter of the suit was not transferable according to the custom of the country and that the Pla [...] This was an appeal preferred on the 5th of January 1898 against the decree of the Subordinate Judge of Manbhoom dated the 15th of July 1897 reversing that of the Munsif of Raglmathpore dated the 3rd of March 1897.