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Saturday, May 11, 2013

The Person Who Can’t File a Suit.


The law of tort does not like the law of crime and contract. Torts recognize some personal incapacity as ground of general exemption. Sometime persons cannot be sued and cannot file a suit against some person.

o  The person who cannot file a suit:

1.      Alien Enemy:
Alien enemy is person, who is an enemy of nationality. Or a person residing or carrying business in a country at war with foreign country. In England or India this person cannot sue in his own right. No alien enemy residing in Bangladesh without such permission, or residing in a foreign country, shall sue in any of such Courts (Section- 83 of the CPC, 1908).

2.      Felons or Convicts:
A convict person found guilty of a crime and punished or sentenced by a court. In a case of Tort a convicts cannot file a suit. The property of a convict or felons may be attached/ forfeited in Bangladesh through court proceeding (Sections-126, 127, 169 of Penal Code).

3.      Insolvent or Bankruptcy:
A insolvent is defined as a person, who is deemed or unable to pay its debts. A insolvent person cannot file a suit for his property, though there is no problem to his suing for a wrong his person or reputation.

4.      Husband & Wife:
In eye of law husband and wife is one person. According to common law a wife cannot sue her husband for a tort, nor husband his wife. This exception was introduced by the Married Women’s Property Act, 1882.

5.      Child in the Mother’s Womb:
If a woman gave birth of a disable child, the child cannot sue for this. For example, a woman who is with child in her womb and injured by a railway accident as a result of which the child was born deformed. The court held that the child is not  entitled to get compensation as he was not in existence in time of accident and no question of ‘duty of care’ may arise as against mother.

6.      A minority:
A minority are unable to make file a suit, because minority is a bar to take a legal action. Only a majority can file a suit.