Early Times Report
JAMMU, Mar 27: In a significant ruling, a Division Bench of the Jammu & Kashmir and Ladakh High Court, consisting of Chief Justice N Kotishwar Singh and Justice Wasim Sadiq Nargal, has imposed a fine of Rs 20,000 on appellants for attempting to mislead the court with the intention of obtaining a favorable order.
The appeal, filed against the judgment dated 19.02.2024 passed in WP(C) No. 314/2024 titled "Sukhdev Singh & Anr. Vs. UT of J&K and Ors," was dismissed by the learned Writ Court. The appellants had challenged an order passed by Respondent No. 2, which set aside mutation No. 42 dated 03.10.2005.
The Division Bench, after hearing both sides, observed that the principle of "Estoppel by Conduct" applied to the appellants, as they had approached the Deputy Commissioner seeking redressal of their grievance, which was duly addressed. The court noted that the appellants could not subsequently challenge the jurisdiction of the Deputy Commissioner after voluntarily seeking relief from him.
Furthermore, the Bench found that the appellants had taken contradictory stands and attempted to mislead the court to obtain a favorable outcome. Such behavior was deemed unacceptable, and the court imposed a fine of Rs 20,000 to deter such practices and maintain the sanctity of legal proceedings.
The court emphasized the importance of parties presenting truthful and accurate information before the court, stating that any attempt to mislead or conceal material facts would not be tolerated. The appellants were directed to deposit the fine in the Advocate's Welfare Fund within two weeks.
In conclusion, the Division Bench upheld the decision of the Single Judge, dismissing the appeal for lack of merit and affirming the costs imposed on the appellants.
This ruling underscores the court's commitment to upholding the integrity of judicial proceedings and ensuring justice is served without prejudice or manipulation. |
