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LEGAL PRINCIPAL: Even if the sovereign functions of the State are discharged negligently the state is not vicariously liable in tort.
FACTUAL SITUATION: A was a trader in gold. There he was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized” One of the Constables was a Muslim. He fled with gold to Pakistan.
  • a)
    ‘A’ failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.
  • b)
    ‘A’ failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at all
  • c)
    ‘A’ succeeded because the servants of the State were negligent and thus caused injury
  • d)
    There was some other relief given to ‘A’.
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
LEGAL PRINCIPAL: Even if the sovereign functions of the State are disc...
Sovereign functions are those functions of the State which are inalienable in nature and cannot be performed by anyone else except the State itself. It includes defence and law and order. The State is not answerable for these functions before any court of law due to matters of public policy. In India, sovereign immunity is guaranteed by virtue of Article 300 of the Constitution of India, 1950. In the case of Kasturilal Ralia Ram Jain v State of UP involving the same set of facts, the Court held that the power to arrest a person and search and seizure are granted to the police via a statute, so they qualify as sovereign powers. Hence even if it is proved that the police officers were negligent during the course of employment, the State could not be made answerable for these acts. 
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LEGAL PRINCIPAL: Even if the sovereign functions of the State are discharged negligently the state is not vicariously liable in tort.FACTUAL SITUATION: A was a trader in gold. There he was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized” One of the Constables was a Muslim. He fled with gold to Pakistan.a)‘A’ failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.b)‘A’ failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at allc)‘A’ succeeded because the servants of the State were negligent and thus caused injuryd)There was some other relief given to ‘A’.Correct answer is option 'A'. Can you explain this answer?
Question Description
LEGAL PRINCIPAL: Even if the sovereign functions of the State are discharged negligently the state is not vicariously liable in tort.FACTUAL SITUATION: A was a trader in gold. There he was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized” One of the Constables was a Muslim. He fled with gold to Pakistan.a)‘A’ failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.b)‘A’ failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at allc)‘A’ succeeded because the servants of the State were negligent and thus caused injuryd)There was some other relief given to ‘A’.Correct answer is option 'A'. 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 LEGAL PRINCIPAL: Even if the sovereign functions of the State are discharged negligently the state is not vicariously liable in tort.FACTUAL SITUATION: A was a trader in gold. There he was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized” One of the Constables was a Muslim. He fled with gold to Pakistan.a)‘A’ failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.b)‘A’ failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at allc)‘A’ succeeded because the servants of the State were negligent and thus caused injuryd)There was some other relief given to ‘A’.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for LEGAL PRINCIPAL: Even if the sovereign functions of the State are discharged negligently the state is not vicariously liable in tort.FACTUAL SITUATION: A was a trader in gold. There he was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized” One of the Constables was a Muslim. He fled with gold to Pakistan.a)‘A’ failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.b)‘A’ failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at allc)‘A’ succeeded because the servants of the State were negligent and thus caused injuryd)There was some other relief given to ‘A’.Correct answer is option 'A'. Can you explain this answer?.
Solutions for LEGAL PRINCIPAL: Even if the sovereign functions of the State are discharged negligently the state is not vicariously liable in tort.FACTUAL SITUATION: A was a trader in gold. There he was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized” One of the Constables was a Muslim. He fled with gold to Pakistan.a)‘A’ failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.b)‘A’ failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at allc)‘A’ succeeded because the servants of the State were negligent and thus caused injuryd)There was some other relief given to ‘A’.Correct answer is option 'A'. 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 LEGAL PRINCIPAL: Even if the sovereign functions of the State are discharged negligently the state is not vicariously liable in tort.FACTUAL SITUATION: A was a trader in gold. There he was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized” One of the Constables was a Muslim. He fled with gold to Pakistan.a)‘A’ failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.b)‘A’ failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at allc)‘A’ succeeded because the servants of the State were negligent and thus caused injuryd)There was some other relief given to ‘A’.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of LEGAL PRINCIPAL: Even if the sovereign functions of the State are discharged negligently the state is not vicariously liable in tort.FACTUAL SITUATION: A was a trader in gold. There he was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized” One of the Constables was a Muslim. He fled with gold to Pakistan.a)‘A’ failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.b)‘A’ failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at allc)‘A’ succeeded because the servants of the State were negligent and thus caused injuryd)There was some other relief given to ‘A’.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for LEGAL PRINCIPAL: Even if the sovereign functions of the State are discharged negligently the state is not vicariously liable in tort.FACTUAL SITUATION: A was a trader in gold. There he was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized” One of the Constables was a Muslim. He fled with gold to Pakistan.a)‘A’ failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.b)‘A’ failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at allc)‘A’ succeeded because the servants of the State were negligent and thus caused injuryd)There was some other relief given to ‘A’.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of LEGAL PRINCIPAL: Even if the sovereign functions of the State are discharged negligently the state is not vicariously liable in tort.FACTUAL SITUATION: A was a trader in gold. There he was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized” One of the Constables was a Muslim. He fled with gold to Pakistan.a)‘A’ failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.b)‘A’ failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at allc)‘A’ succeeded because the servants of the State were negligent and thus caused injuryd)There was some other relief given to ‘A’.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice LEGAL PRINCIPAL: Even if the sovereign functions of the State are discharged negligently the state is not vicariously liable in tort.FACTUAL SITUATION: A was a trader in gold. There he was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized” One of the Constables was a Muslim. He fled with gold to Pakistan.a)‘A’ failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.b)‘A’ failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at allc)‘A’ succeeded because the servants of the State were negligent and thus caused injuryd)There was some other relief given to ‘A’.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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