CLAT Notes: In the world of legal stuff called “Torts,” if someone gets hurt, they usually have the right to file a case against the person who caused the harm. But here’s the twist: there are some groups of folks who can’t go around suing everyone for their losses, and on the flip side, there are people who are kind of like lawsuit superheroes—they can’t be sued by just anyone.
Now, you might be wondering why these restrictions exist. Well, it’s like this: for some folks, it’s to prevent a flood of lawsuits and keep things fair, while for others, it’s to give them a bit of legal armor so they can do their thing without constantly worrying about being sued. It’s all about finding a balance in the legal dance.
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Who can not Sue?
Foreign Citizen:
If you’re a citizen of a foreign country and you want to file a lawsuit against someone in Bangladesh or another foreign citizen, you need to submit an application to the Home Ministry through the Law Ministry, as per section 83 of the Civil Procedure Code (CPC).
Alien Enemies:
Individuals residing in a foreign country at war with Bangladesh, conducting business without a license, are considered alien enemies. However, those with government permission can sue. Alien enemies without permission or residing in a foreign country cannot file a lawsuit under section 83 of the CPC.
Foreign States’ Lawsuits:
A foreign state is not allowed to sue unless it is officially recognized by the Bangladesh government.
Bankruptcy Status:
As per the Bankruptcy Act of 1997, a person declared insolvent cannot file a lawsuit related to civil wrongs. The individual’s properties are taken over, and a ‘receiver’ is appointed as the property supervisor.
Convicts vs. Felons:
A felon, someone proven guilty who has fled, cannot file a lawsuit. On the other hand, a convict, someone proven guilty who has not fled, retains the ability to file a lawsuit.
Corporation’s Legal Entity:
A corporation gains legal entity status upon registration. Unregistered corporations are not permitted to file lawsuits.
Lawsuits Involving Pre-natal Injuries:
In cases of pre-natal injuries, where a child sues for damages due to injuries sustained before birth, it’s essential to note that the defendant may not be held liable. This is because the defendant may not have known about the child’s existence, and medical evidence supporting the claim may be uncertain.
Who may not be Sued?
President/Head of the State:
According to the Constitution (Articles 51(1) and 51(2)), no legal action, civil or criminal, can be taken against the President while they are in office.
Foreign Sovereigns:
You can’t file a lawsuit against a foreign sovereign unless you have their consent (as per sections 86 and 87).
Ambassadors/High Commissioners:
A High Commission serves as an embassy between two Commonwealth countries.
Public Servants:
The Penal Code, 1860 (sections 21, 13 & 14) lists public servants, and those appointed through the Public Service Commission are considered as such. Before suing them, you need government consent.
Corporations:
A suit can only be filed against a registered corporation; unregistered ones are protected.
Infants/Minors:
According to the Penal Code, a minor is a child aged 9 to 12. However, the age of minority varies in different statutes.
Read Also: Amendments to the Constitution
