Plaintiff
group · 3 works · 4 mentions · 12 anchored passages
plaintiff · accuser · petitioner · the plaintiff
in the texts
Kātyāyana Smṛti
The party who initiates a legal proceeding by bringing a claim against another.
The root of a provable case is what is presented by the plaintiff.
There, the plaintiff should speak first, the defendant immediately after.
It should be written on the ground until the plaint is firmly established.
The Law of Torts
The party bringing an action for defamation, who bears shifting burdens of proof regarding malice and whose own reputation may affect damages.
Where the existence of a privileged occasion is established, we have seen that the plaintiff must give affirmative proof of malice, that is, dishonest or reckless ill-will, in order to succeed.
A plaintiff’s general bad repute cannot be pleaded as part of the defence to an action for defamation, for it is not directly material to the issue, but can be proved only in mitigation of damages.
We have already seen that an injunction may be granted to restrain the publication of defamatory matter, but, on an interlocutory application, only in a clear case, and not where the libel complained of is on the face of it too gross and absurd to do the plaintiff any material harm.
Nāradasmṛti
The party who initiates a legal suit by filing the first plaint and bears the burden of proving the claim.
The penalty for a false accuser is that the fine prescribed in that case shall fall upon the plaintiff.
If the accused denies the accusation, the accuser must provide proof, unless the accused has made a special plea.
What was written in the first stage, letter for letter and in its entirety, the plaintiff must prove by evidence in the third stage.