Act of Court Shall Prejudice No Man

Act of Court shall prejudice no man

BY

S J TUBRAZY 

The aphorism, actuscuriae neminem gravabit (an act of Court shall prejudice no man) is germane to judicial or quasi-judicial tribunals as well as the organizations which are required to perform any statutory duty. Maxim partakes, with a view to prevent hardships which may otherwise be the result of the errors of the Court itself. Where nonconformity with the mandatory provisions of law occurs by complying with the direction of the Court which is not in conformity with the law, the party complying therewith is not to be penalised. The Actus curiae neminem gravabit is  stated now fully engrained in our system of administration of justice.  

The law becomes lithe to sop up such aberration and treat the infractions as risk-free. Where the direction issued while administering the law have been followed but it is found that the authority itself had acted in deviation of the law in some particulars, the party acting in accordance with such directions is not held to be blameworthy.

  It is to be noticed that all public authorities including the judicial functionaries while doing an act enjoined by law or simply empowered to do it must not do it reprehensively. An action may lie against a public authority for misfeasance or non-feasance but for the sake of safe administration of justice and good sense no action lies for the breach of duty when the duty to perform is judicial or quasi-judicial.

If there be a standard, upon which Courts of justice must to act without doubt it is this to relieve parties against that injustice occasioned by its own acts or omission at the instance of the party, against whom the relief is sought. One of the first and utmost duties of all Courts is to take care that the act of the Court does not cause injury to any of the suitors and when the expression ‘the act of the Court is used, it does not mean merely the act of the Primary Court, or of any intermediate Court of Appeal, but the act of the Court as a entirety from the lowest Court which entertains jurisdiction over the matter up to the highest Court which finally disposes of the case.

  (Writer is practicing lawyer of banking laws in Pakistan)