Sajid Mehmood vs Muhammad Rasheed application seeking damages — 2026 MLD 659 HIGH-COURT-AZAD-KASHMIR

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Sajid Mehmood VS Muhammad Rasheed application seeking damages---Mala fide intention , absence of---General damages---Entitlement---Defendant filed an application before the Deputy Commissioner for closing school owned / run by plaintiff alleging it to be illegal and unregistered---Plaintiff took the stance that the said application was filed with mala fide intention to humiliate him in the society and damage his reputation---Validity---In the present case, as per probe by Ehtesab Bureau as well as Education Department, the initial registration of the school was not found in the record and the report made by Education Officer was declared false, thus, it was established that the plaintiff was running school without registration and the application filed on behalf of defendant before the Deputy Commissioner was also to the same effect that the plaintiff was running an unregistered school, so it could not be said that the defendant filed an application with mala fide intention to humiliate the plaintiff in the society and damage his reputation rather the defendant through said application brought the actual situation into the notice of the Deputy Commissioner for legal proceedings ---Merely filing of an application before the competent authority for taking legal action could not be termed as malicious prosecution --- It was the responsibility of the plaintiff to prove that the application was false and was filed with mala fide intention--- For award of decree for general damages, it was the responsibility of the plaintiff to prove by producing cogent evidence that application filed by defendant was false and his school was properly registered and the application was filed just to humiliate him in the society, however the plaintiff failed to place on record any reliable document in support of his contention that the school was registered under law but during inquiry, it was found that the basic registration of the school was not available in the record of the concerned department, thus it cannot be held by any stretch of imagination that the filing of application by the defendant/appellant was an outcome of malice; rather it can safely be held that the defendant through the application brought an illegal action of plaintiff into the notice of concerned authority for which he could not be penalized---High Court set-aside the impugned judgment and decree; consequently, the suit filed by plaintiff/appellant stood dismissed for want of proof---appeal, filed by defendant, was accepted.

Sajid Mehmood vs Muhammad Rasheed application seeking damages — 2026 MLD 659 HIGH-COURT-AZAD-KASHMIR

Case information

Judgment text as reported

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