Malicious Prosecution with Respect to the Case Law of Shiv Shankar Patel v. Phulki Bai

  • Nikita D'Lima
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  • Nikita D'Lima

    Student at NMIMS School of Law, Navi Mumbai, India

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This paper deals with the tort of malicious prosecution with the help of the case law ‘Shiv Shankar Patel v. Phulki Bai.’ Other case laws that explore the tort of malicious prosecution will be highlighted throughout the paper as well. The technical terms and their definitions given by renowned jurists and legal thinkers in the country will be mentioned and the implications of the case law will also be discussed. The literature that has been written by scholars will be reviewed and analysed too. A broad conclusion on the basis of the facts of the case and the judgement of the Supreme Court will be given towards the end of the paper. Articles of the Constitution and Sections of the IPC that are applicable will be mentioned and cited in the paper. Any laws and acts formulated will be referenced, keeping in mind the case study and the tort of malicious prosecution.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 2422 - 2433


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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