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Principle:
1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.
2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.
Facts: A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.
  • a)
    The State is not responsible as it is the individual acts of the constable.
  • b)
    The State is liable because the servants of the State were negligent and thus caused injury.
  • c)
    The State is not liable as search and arrest of any person is the sovereign function of State.
  • d)
    Only the Malkhana in- charge shall be held liable.
Correct answer is option 'C'. Can you explain this answer?
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Principle: 1. The State is liable for the acts of its employees. When ...
In light of given principle, even where the sovereign functions of State is discharged negligently, the State is not liable. Based on this reasoning, though loss was caused to the trader by the servant of State, but search and seizure comes under the sovereign function of State. On combining principle 1&2, option (c) will be correct choice.
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Principle: 1. The State is liable for the acts of its employees. When ...
Answer:

Principle:

1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.

2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.

Facts:

A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.

Analysis:

The State is not liable because search and arrest of any person is the sovereign function of State. The act of the constable is not considered as the act of the State, but it is a private act which is not covered under the principle of vicarious liability. The State is not responsible for the individual acts of its employees.

Conclusion:

Therefore, option (C) is the correct answer as the State is not liable as search and arrest of any person is the sovereign function of State.
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Principle: 1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.Facts: A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.a)The State is not responsible as it is the individual acts of the constable.b)The State is liable because the servants of the State were negligent and thus caused injury.c)The State is not liable as search and arrest of any person is the sovereign function of State.d)Only the Malkhana in- charge shall be held liable.Correct answer is option 'C'. Can you explain this answer?
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Principle: 1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.Facts: A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.a)The State is not responsible as it is the individual acts of the constable.b)The State is liable because the servants of the State were negligent and thus caused injury.c)The State is not liable as search and arrest of any person is the sovereign function of State.d)Only the Malkhana in- charge shall be held liable.Correct answer is option 'C'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: 1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.Facts: A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.a)The State is not responsible as it is the individual acts of the constable.b)The State is liable because the servants of the State were negligent and thus caused injury.c)The State is not liable as search and arrest of any person is the sovereign function of State.d)Only the Malkhana in- charge shall be held liable.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: 1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.Facts: A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.a)The State is not responsible as it is the individual acts of the constable.b)The State is liable because the servants of the State were negligent and thus caused injury.c)The State is not liable as search and arrest of any person is the sovereign function of State.d)Only the Malkhana in- charge shall be held liable.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Principle: 1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.Facts: A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.a)The State is not responsible as it is the individual acts of the constable.b)The State is liable because the servants of the State were negligent and thus caused injury.c)The State is not liable as search and arrest of any person is the sovereign function of State.d)Only the Malkhana in- charge shall be held liable.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle: 1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.Facts: A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.a)The State is not responsible as it is the individual acts of the constable.b)The State is liable because the servants of the State were negligent and thus caused injury.c)The State is not liable as search and arrest of any person is the sovereign function of State.d)Only the Malkhana in- charge shall be held liable.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle: 1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.Facts: A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.a)The State is not responsible as it is the individual acts of the constable.b)The State is liable because the servants of the State were negligent and thus caused injury.c)The State is not liable as search and arrest of any person is the sovereign function of State.d)Only the Malkhana in- charge shall be held liable.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Principle: 1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.Facts: A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.a)The State is not responsible as it is the individual acts of the constable.b)The State is liable because the servants of the State were negligent and thus caused injury.c)The State is not liable as search and arrest of any person is the sovereign function of State.d)Only the Malkhana in- charge shall be held liable.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Principle: 1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.Facts: A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.a)The State is not responsible as it is the individual acts of the constable.b)The State is liable because the servants of the State were negligent and thus caused injury.c)The State is not liable as search and arrest of any person is the sovereign function of State.d)Only the Malkhana in- charge shall be held liable.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle: 1. The State is liable for the acts of its employees. When the act is of private nature, in the same manner and under the same condition as any other employer. The State is not liable when the act is in exercise of sovereign power or in performance of an Act of State.2. Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.Facts: A trader in gold was arrested and detained in police custody after search. The gold belonging to him and all other things were seized and kept in Malkhana. Later he was discharged. All his belonging was returned, except the gold. It was discovered that one of the constables fled away with the gold to Pakistan. He sued the State in tort.a)The State is not responsible as it is the individual acts of the constable.b)The State is liable because the servants of the State were negligent and thus caused injury.c)The State is not liable as search and arrest of any person is the sovereign function of State.d)Only the Malkhana in- charge shall be held liable.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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