1[68P. Notice or order not to be invalid for error in description.– No notice issued or served, no declaration made, and no order passed, under this Chapter shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned.]
1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989)
Simplified Explanation
Section 68P addresses the validity of notices, declarations, or orders issued under the provisions of the chapter, particularly regarding errors in description.
Key Provisions of Section 68P:
- No Invalidity Due to Minor Errors:
- If a notice, declaration, or order is issued under this chapter, it will not be deemed invalid solely because of an error in the description of the property or person mentioned in it.
- Identification of Property or Person:
- The key criterion for the validity of such notices or orders is that the property or person must still be identifiable based on the description provided. Even if there is a minor mistake in the description, as long as the property or person can still be recognized from the given details, the notice or order will remain valid.
Implications of Section 68P:
- For Affected Individuals:
- A person who receives a notice or order with a minor error in the description of their property or their name will not be able to invalidate the notice or order solely on that basis, as long as they or their property can be identified.
- For Legal Professionals:
- Lawyers should advise clients that minor discrepancies in notices or orders, such as small errors in the description of property or the individual, will not invalidate the proceedings if the property or person is still identifiable. They will need to focus on more substantial grounds if challenging the validity of a notice or order.
- For Authorities:
- Authorities must ensure that notices, orders, and declarations are as accurate as possible, but this section allows some flexibility. As long as the property or person is clearly identifiable, minor clerical errors in the description will not affect the validity of the notice or order.
Example:
If a notice is issued for the forfeiture of property and contains a minor typographical error in the name of the individual or the property description (e.g., misspelling a street name or a minor incorrect detail), the notice will still be valid if the individual or property can be clearly identified despite the error.
Section 68P essentially protects the legal process from being undermined by technical errors while ensuring that individuals or properties involved in proceedings are still clearly identifiable.
