Dispel a Legal Myth
“Ignorentia facti excusat, ignorentia juris non excusat”
This legal Latin maxim which translates to-
- Ignorance of facts is excusable
- Whereas, ignorance of law is non excusable.
Any act done under a mistaken impression of a material fact is excused. Acts and contracts made under a mistake or an ignorance of a material fact are voidable,
Also, a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.
So, the myths around the nation about Law has to be evicted as to which the common man also gets the basic knowledge about the Legal Obligations.
The common example to understand what common man thinks about law is:
- If a ticket is issued by a police officer, and if the officer is not wearing a Cap then it is considered to be a moot.
Also Invoking Art.32 for every hat touched is a pure insult to the Centre and State Govt. Authorities. Recently, the Allahabad High Court quoted, “Art. 32 is a valuable jurisdiction for the protection of fundamental rights, no one can invoke it for mere casualties.”
As the maintainability of Art.32 is checked and if the alternative remedy is available for the infringement the Hon’ble Court won’t entertain such Writs. So as to not waste the time of court every common man should know the basics of the Law.
The common myths which every time a common man has around his head, need to be busted. This blog will bust some of the myths.
- You need to file original document.
As per Civil Procedure Code 1908, when you file a suit or petition, you don’t need to submit the original document as there is chance of you loosing it. You have to submit affidavit/ certified photocopy with the petition/suit.
- You can file a case anytime.
When you file a Civil case there is time-bar/limitation for it. According to Limitation Act, you cannot knock the doors of Court as per your wish and convenience. Time-bar depends on the suit/ petition.
- You cannot transfer ancestral property
“It is owned by all the family members, not by the person alone, provided you are the lone survival.”
Though you have tax benefit of property under HUF (Hindu Undivided Family), but you cannot transfer the property alone.
A person having two wives and with each wife he had two sons, so the husband can transfer the property equally to all sons, with due consideration the property is self-acquired by him. But if the property is jointly owned by the family then the property cannot be transferred further unless the considerations are done, husband be the lone survival, or later being transferred through intestate transfer.
- Settlement/ compromise decree cannot be challenge
Settlement/ compromise is widely done by the parties as it is hassle free, cost efficient process, and also it amicable way of solving disputes as both parties can mutually accept the deal and reduce the terms of settlement in writing, such settlement/ compromise can be result of coercion or fraud or can be done under undue influence, the same be challenge in the court as, in such cases the settlement/compromise is not the end to the dispute. The term settlement/compromise can be termed as a contract, and for breach of contract, thereof the doors of the court are opened for aggrieved party/parties.
- I cannot move to consumer court without lawyer
“Even non-advocates can argue on his/her behalf before any court/forum/tribunal etc, in person”.
The costs and hassle involved in hiring a lawyer keeps many consumers away from moving the court against defaulting party. However, Supreme Court has ruled that you do not need lawyer to approach the consumer court.
However, the Bar Council of India appealed against the 2002 judgement, which had granted permission to authorised agents to represent consumers in consumer courts. The Supreme Court upheld the High Court judgement and suggested a mechanism, wherein non-lawyer could be accredited to appear before the consumer forum as representative on regular basis.
*also, any person can appear in front of any court/forum/tribunal etc, in person. As when summons are withdrawn, it is clearly mentioned that, “You need to be present in front of court in person/with a representative/any advocate/council.
Author Name: Sudhanshu Rotkar
