very
wide ramification 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
liquor business conducted by the State was part of
its sovereign functions and in doing so, he restricted the observations in
Ashok Harikuni (supra ... perform some sovereign
functions, while other functions performed by it, and the
activities undertaken by it, may not refer to sovereign
functions. The exemption under
report of the Magistrate under Section 8 of the Act are sovereign
functions which cannot be reviewed judicially. It has been submitted
that Chapter ... aforesaid issues are concerned, it is in the domain of
the sovereign functions of the State and no fetters could
India. It is also urged that GNOIDA discharges its statutory sovereign
function, as an arm of the State Government through its officers. It is
empowered ... which contains exceptions. The Revenue also disputes that GNOIDA
performs any sovereign functions and reiterates that the amounts paid by the
petitioners are rent
order that it may
discharge its sovereign functions. For the discharge of that
function one of the sovereign powers vested in the State ... that sovereign power. But it cannot be
said that every act which is necessary for the discharge of
a sovereign function and which is undertaken
essential public
importance, or as closely related to governmental/ sovereign functions, or
being fundamental to the life of the people. The respondent claimed that ... functions being performed by INSDAG can also not be described
as sovereign functions or governmental functions. Such functions could be
performed by even private players
body under liability to discharge any function
under any Statute, to compel it to perform such a statutory
function.
22. In the present case, though ... therefore, knocked out. The respondent company is, undisputedly not
discharging a sovereign function, a public duty or positive obligation of
public nature
extra territorial jurisdiction in criminal matters which is
essentially a sovereign function. Section 3 of the IPC provides that any
person liable, by any Indian ... under Criminal law is one of the most important
aspects of sovereign function. In an area where a country exercises
sovereignty, only the laws prevalent
retain the same as levying and collection of taxes is a sovereign function.
Lastly, it was held that BIFR and AAIFR ceased to have jurisdiction ... realize and appropriate the taxes. The power of taxation is a
sovereign function that cannot be given up or delegated by the State in
favour
Commonwealth of Australia.
22. Extradition arrangements and extradition treaties are the
sovereign functions of the State and are bilateral commitments
between two independent nationalities
