As per Lawkidunya, The concept “Mistake of Authority cannot be given to the Petitioner” is a legal principle often applied in Pakistani courts. Here’s a breakdown:

Meaning

This principle means that a petitioner (the person filing a petition or lawsuit) cannot claim that they made a mistake due to a misunderstanding or misinterpretation of the law or authority.

Implications

In essence, this principle holds the petitioner responsible for their actions and decisions. If a petitioner claims that they acted under a mistaken understanding of the law or authority, the court may not accept this as a valid defense.

Legal Basis

This principle is rooted in Pakistani jurisprudence and is often cited in court decisions. The exact legal basis may vary depending on the specific case and circumstances.

Examples

Here are some scenarios where this principle might apply:

1. Taxation: A taxpayer files a petition claiming they underpaid taxes due to a mistaken understanding of the tax laws. The court may reject this claim, stating that “Mistake of Authority cannot be given to the Petitioner.”
2. Contract Disputes: A party to a contract files a petition claiming they signed the contract under a mistaken understanding of its terms. The court may not accept this as a valid defense.
3. Administrative Law: A person files a petition challenging an administrative decision, claiming they were misled by incorrect information. The court may reject this claim, applying the principle.

Conclusion

In Pakistani law, the principle “Mistake of Authority cannot be given to the Petitioner” emphasizes the importance of taking responsibility for one’s actions and decisions. Petitioners must ensure they understand the law and authority before taking action, as mistakes or misinterpretations may not be excused by the court.

Case Laws and Judgments

PLD 1994 Lahore 3
2003 SCR 450
2013 PLC CS 295
2011 PLC CS 331
2019 SCR 533