Sadayan Kanapathi Sandrakala Kadithalamulla v. Mohammed Saththas Issathul Sareena – SC APPEAL 162/15-2021

In the case between Sadayan Kanapathi Sandrakala Kadithalamulla (Appellant) and Mohammed Saththas Issathul Sareena (Respondent), the court addressed whether the filing of a false theft complaint by the Appellant, resulting in the Respondent’s arrest and ensuing harm, amounts to actionable injuria due to malicious intent. The decision established that a civil action for damages is maintainable notwithstanding that the related criminal proceedings had not reached finality at the time of instituting the civil suit. The holding reaffirmed the principle that a malicious and unfounded criminal allegation causing impairment to personality, dignity, or reputation is actionable under actio injuriarum. Reliance was placed on documentary and testimonial inconsistencies and legal precedent on maliciou

REF: SC APPEAL 162/15-2021 Category: Tag:
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