functions/services
are regulated and performed under constitutional/statutory instruments, yet there are
other functions, though might be statutory, but cannot be called as sovereign ... sovereign functions/services are regulated and performed under
constitutional/statutory instruments, yet there are functions, though statutory cannot
be called as sovereign functions
functions, statutory functions
and obligatory functions. According to
complainants when the statutory or civic bodies or public authorities take up
functions relating to non-sovereign ... payment of tax which is levied in
the exercise of the sovereign function of the State cannot constitute
consideration even remotely as quid
above functions
are governed by statutes and are
statutory/administrative functions. Thus, the
failures/omissions in the performance of these functions
is amenable to judicial ... sovereign function but is an administrative
function. Since this is not a judicial function, it does not
partake the character of a 'sovereign function
maintainable under the Act, as the opposite parties are
performing sovereign functions as per the statute, notifications issued
by the State Government from time ... consumer complaint was not maintainable, as the
opposite parties have performed sovereign functions in compliance of
the policy of the State Government, notifications issued
consular
functions enumerated in
Article 5 of the Convention that the
functions performed by a Consular
Officer or a Consulate employee are
sovereign functions performed ... drawn between sovereign and commercial functions
and while commercial functions can be performed by anybody, sovereign functions can be performed only by
the State. Shri
Further, there is no gainsaying that
all statutory obligations are not sovereign functions. Although all
sovereign ... functions/services are regulated and performed under
constitutional/statutory instruments, yet there are other functions,
though might be statutory, but cannot be called as sovereign
vehemently contended that since the passport officer is performing a sovereign function; and passport is not a commodity, which can be purchased or sold ... natural justice, the same has absolutely no concern whatsoever with the sovereign function of the State and as such, covered under the ambit of Consumer
complainant that the distinction has to be drawn between sovereign function and discharge of administrative duties on payment of fees. Thus according ... sovereign functions are not covered under the Consumer Protection Act, 1986 . whereas the discharge of administration duties is covered under the Consumer Protection
first respondent is
not consumer and the appellant was discharging sovereign functions in the
matter of the sale of the vehicle. It is contended that ... counsel
for the appellant has contended that the appellant was discharging sovereign
function in the process of confiscation and sale of the vehicle. The first
Gopinath to point out that issue of passport is not a sovereign function but a statutory function. But failed to notice that in that case ... Gopinath to point out that issue of passport is not a sovereign function but a statutory function. But failed to notice that in that case
