held by the Apex Court
that abolition of the functioning of the Tribunal is legally valid.
31. In the case on hand, there ... must
be fulfilled firstly, it must be issued in exercise of sovereign function
under law, secondly, it is of public character not of private individual
open market and it is not carrying out any Governmental or sovereign functions nor violated any statutory provisions or any public law provisions. The first
facts themselves reveal the way in which the great sovereign function is being discharged in such a casual way.
21. To start with the grounds ... case. It is not a mere statutory function, it is a sovereign function of executing the sentence of imprisonment.
23. The statutory power must
A.P. State Cooperative Societies ... vs The Government Of Andhra Pradesh ... on 6 August, 2004
production of arms and equipment for the defence personnel is a sovereign function, or should it be treated as a private function ? Should Hindustan Aeronautics ... under the Companies Act , be characterised as a Corporation performing a sovereign function, of should it be called a Corporation carrying on a commercial activity
citizen and the State cannot claim sovereign immunity in the guise of discharge of sovereign functions in the case of tortious acts of its employees
Joshimath. It was a public service undertaken in the exercise of the sovereign power of the State."
Thus, in order to attract the expression ... State on the one hand and the discharge of the sovereign functions of the State on the other. The decision in that matter has been
limitation and that no damages could be awarded in respect of sovereign functions as the establishment and maintenance of jail was part of the sovereign ... functions of the State and therefore, even if there was any negligence on the part of the Officers of the State, the State would
only the 39 Civil Judges whose seniority was displaced but also the functioning of the subordinate judiciary, responsibility for which lay with the High Court ... party. Only a company or the State which performs a sovereign function of the State would be an authority within the meaning of Article
alleged tortious act was committed in discharge of statutory functions traceable to the sovereign power of the State. The suit for damages was therefore dismissed ... discharge of Itheir official duties traceable to the sovereign functions of the State. If any pecuniary liability has to be fastened in relation to such
