very wide ramifications but
essentially sovereign functions are primary inalienable functions which only
State could exercise. Thus, various functions of the State, may be ramifications ... external security, grant of
pardon. So, the dichotomy between sovereign and non-sovereign function could
be found by finding which of the functions
capital outlay. According to Dr. Sathe, the state had
assigned a sovereign function of collecting toll which was akin to a
tax. Thus having assigned ... such sovereign function the state cannot
dilute the assignment. According to learned senior counsel in the
alternative, the petitioners have a vested right to collect
capital outlay. According to Dr. Sathe, the state had
assigned a sovereign function of collecting toll which was akin to a
tax. Thus having assigned ... such sovereign function the state cannot
dilute the assignment. According to learned senior counsel in the
alternative, the petitioners have a vested right to collect
through the office in question, appointment
to which is challenged, a sovereign function is performed.
(v) The post in question has to be a public ... neither the Board nor its Managing Director is
entrusted with any sovereign function. Black's Law Dictionary
defines public office as under:
"Public
sovereign". State
activities are multifarious. From the primal sovereign
power, which exclusively inalienably could be
exercised by the Sovereign alone, which is not subject ... government organization is
discharging sovereign functions, but if it indulges in other functions which
are not sovereign in nature, they are governed by the provisions
behalf of the appellant are that,-
(a) DICGC is performing a sovereign function for the RBI in terms of an Act intended specifically for performing ... DICGC, though a subsidiary of RBI, is not performing any sovereign function. As ruled by the Apex Court in the case of Chief Conservator
State. Indisputably, the
function of the appellant is a sovereign function. It, in any
event is a State, within the meaning of Article ... governmental function. The Hon'ble Supreme Court also held that the said
function is also a sovereign function and it is a State within
nature of sovereign functions undertaken by a welfare State. With regard to
the Opposite Party No. 2, it was observed in the DG report that ... services for building of
roads and construction of buildings as 'sovereign function'.
5.2 The Informant relied on various judgments and reiterated that
into our social fabric at all levels of human relations including sovereign functions and values, the proportion whereof has grown commensurate to the growth ... Ranjana Agnihotri's case, the State is discharging a sovereign function. It is therefore loaded with responsibility and not a casual exercise
Laxman Rupchand Meghwani vs State Of Gujarat & 2 on 30 October, 2015
Author: J
