In which of the following cases the act was said to be 'Sovereign act' ?
In Kasturi Lal Ralia Ram Jain v. State of Uttar Pradesh, AIR 1965 SC 1039, police officers seized gold from the plaintiff on suspicion of its being stolen property, and the…
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In which of the following cases the act was said to be 'Sovereign act' ?
Answer and explanation
Correct answer B
In Kasturi Lal Ralia Ram Jain v. State of Uttar Pradesh, AIR 1965 SC 1039, police officers seized gold from the plaintiff on suspicion of its being stolen property, and the head constable in charge of the malkhana misappropriated the gold and fled to Pakistan. The Supreme Court held that the power to arrest, search, and seize property under the Code of Criminal Procedure was a sovereign function of the State and therefore the State was not vicariously liable in tort. By contrast, sovereign immunity was rejected in Vidyawati (1962) and Shyam Sunder (1974), and exemplary compensation was awarded in Bhim Singh (1985).
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