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Test: Tortious Liability of the State and Article 300 of the Constitution - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Tortious Liability of the State and Article 300 of the Constitution

Test: Tortious Liability of the State and Article 300 of the Constitution for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Tortious Liability of the State and Article 300 of the Constitution questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Tortious Liability of the State and Article 300 of the Constitution MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Tortious Liability of the State and Article 300 of the Constitution below.
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Test: Tortious Liability of the State and Article 300 of the Constitution - Question 1
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What key aspect is addressed by the provision in Article 300 regarding legal actions against or by the government?

Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 1
The provision in Article 300 regarding legal actions against or by the government addresses the concept of sovereign immunity, which grants the government certain protections from being sued without its consent. This principle ensures that the government is shielded from certain legal actions and liabilities, safeguarding its ability to function effectively while respecting legal boundaries and limitations.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 2
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What does Article 300 of the Indian Constitution mainly address?

Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 2
Article 300 of the Indian Constitution primarily deals with the legal capacity of the Government of India and State Governments to sue and be sued. This provision outlines the framework under which legal actions can be taken against the Union of India or the State Governments, ensuring a legal structure for resolving disputes.
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Test: Tortious Liability of the State and Article 300 of the Constitution - Question 3
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What historical legal scenarios do the legal actions against the Government of India and State Governments resemble?

Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 3
The legal actions against the Government of India and State Governments, as allowed by Article 300 of the Indian Constitution, resemble the pre-constitutional legal scenarios. This implies that the legal framework for suing or being sued under their respective titles follows historical legal precedents established before the constitution came into effect.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 4
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How does Article 300 handle pending legal proceedings involving the Dominion of India, provinces, or Indian States after the constitution's commencement?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 4
Article 300 ensures that any pending legal proceedings involving entities like the Dominion of India, provinces, or Indian States are smoothly transferred to the Union of India or the respective State Governments after the commencement of the constitution. This transfer mechanism guarantees the continuation of legal actions under the new legal framework established by the constitution.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 5
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What legal principle was established in the case of Pand O Navigation Company v. Secretary of State for India?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 5
The case of Pand O Navigation Company v. Secretary of State for India set a significant legal precedent. It determined that the government is responsible for the actions of its servants in non-sovereign functions but not liable for injuries occurring during sovereign functions. This distinction is crucial in understanding the extent of governmental liability in different contexts.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 6
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What was the central issue in the case of Pand O Navigation Company v. Secretary of State for India?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 6
The central issue in the case of Pand O Navigation Company v. Secretary of State for India revolved around the negligence of government workmen. Specifically, a piece of iron funnel carried by government workmen collided with a plaintiff's horse-driven carriage, resulting in damage. This case highlighted the question of liability concerning the actions of government servants in specific contexts.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 7
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According to the Supreme Court ruling in the case, when is the government liable for the actions of its servants?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 7
As per the Supreme Court ruling in the Pand O Navigation Company case, the government is liable for the actions of its servants in non-sovereign functions. This ruling establishes a clear boundary regarding governmental liability based on the nature of the functions being performed, emphasizing the distinction between sovereign and non-sovereign activities.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 8
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What was the primary outcome of the case Nobin Chunder Dey v. Secretary of State?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 8
In the case Nobin Chunder Dey v. Secretary of State, the Calcutta High Court denied the plaintiff's claim for damages due to the wrongful refusal of a license to sell specific items. The court upheld that the grant or refusal of a license is considered a sovereign function exempt from the state's tortuous liability. This case is significant as it established the distinction between sovereign and non-sovereign functions as a key factor in determining state liability.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 9
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Why did the Calcutta High Court rule that the grant or refusal of a license is a sovereign function exempt from the state's tortuous liability?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 9
The Calcutta High Court ruled that the grant or refusal of a license is a sovereign function exempt from the state's tortuous liability to assert the state's authority over licensing matters. This ruling underscores the court's recognition of certain governmental functions as inherently part of the state's authority and not subject to regular liability claims.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 10
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What significance did the case Nobin Chunder Dey v. Secretary of State establish in legal terms?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 10
The case Nobin Chunder Dey v. Secretary of State established the significance of distinguishing between sovereign and non-sovereign functions in legal terms. This distinction became a key factor in determining state liability, clarifying which functions of the state are exempt from tortuous liability claims due to their inherent sovereignty.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 11
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What was one of the key legal principles established by the Calcutta High Court in the case Nobin Chunder Dey v. Secretary of State?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 11
One of the key legal principles established by the Calcutta High Court in the case Nobin Chunder Dey v. Secretary of State was that sovereign functions, such as the grant or refusal of a license, are immune from state liability claims. This ruling set a precedent for understanding the limitations of liability in cases involving governmental functions deemed as sovereign in nature.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 12
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What principle does Article 300 (1) of the constitution equate the liability of the Union Government or a State Government to?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 12
Article 300 (1) of the constitution equates the liability of the Union Government or a State Government to the liability of the Dominion of India before the Constitution came into effect. This provision sets the standard for the extent of liability that the government can incur, drawing a parallel to the past liability under the Dominion of India.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 13
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Which legal principle regarding the immunity of the Government from the tortious acts of its employees is partially accepted in India?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 13
In India, the English legal principle regarding the immunity of the Government from the tortious acts of its employees is partially accepted. This means that there are certain aspects of the principle that are recognized and followed within the Indian legal system.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 14
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What is mandated by Section 80 of the Code of Civil Procedure, 1908, regarding lawsuits against the government?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 14
Section 80 of the Code of Civil Procedure, 1908, mandates that no lawsuit can be filed against the government until two months after providing a written notice. This provision allows for a period of time for the government to address the issue before legal action can proceed.
Test: Tortious Liability of the State and Article 300 of the Constitution - Question 15
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According to article 112 of the Limitation Act, 1963, within what period must a suit on behalf of the Central Government or any State Government be filed?
Detailed Solution for Test: Tortious Liability of the State and Article 300 of the Constitution - Question 15
Article 112 of the Limitation Act, 1963, specifies that any suit on behalf of the Central Government or any State Government must be filed within a period of 30 years. This time limit is crucial in ensuring that legal actions are taken within a reasonable timeframe to address any grievances.
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