Legal Principle: In a suit for malicious prosecution, the plaintiff must prove the following essentials: 1. That he was prosecuted by the defendant 2. That the proceedings complained was terminated in favour of the present plaintiff. 3. That the prosecution was instituted against him without any just or reasonable cause. 4. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.5. That he suffered damage to his reputation or to the safety of person, or to the security of his property.Factual Situation: A recovered a large sum of money from a railway company for personal injuries. Subsequently, the railway company came to know that injuries were not real and were created by doctor B. The railway company prosecuted B for playing fraud on the company, but B was acquitted. B sued the railway company for malicious prosecution. In the light of these facts, which of the following statements is true? (AILET 2013)Decision:

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Each question consists of legal principle(s) (hereinafter referred to as 'principle') and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. You have to apply the principles to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. Remember: you must not rely on any principle except the principles that are given for every question.

Legal Principle: In a suit for malicious prosecution, the plaintiff must prove the following essentials: 1. That he was prosecuted by the defendant 2. That the proceedings complained was terminated in favour of the present plaintiff. 3. That the prosecution was instituted against him without any just or reasonable cause. 4. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.5. That he suffered damage to his reputation or to the safety of person, or to the security of his property.<br>Factual Situation: A recovered a large sum of money from a railway company for personal injuries. Subsequently, the railway company came to know that injuries were not real and were created by doctor B. The railway company prosecuted B for playing fraud on the company, but B was acquitted. B sued the railway company for malicious prosecution. In the light of these facts, which of the following statements is true? (AILET 2013)<br>Decision:






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