State of Meghalaya and it is neither a
sovereign entity, nor does it perform any sovereign function as per the tests
laid down ... this Court, in the realm of sovereign function though
every governmental function need not be sovereign, the same has to be
examined on the circumstances
activity being covered therein, were not
covered within 'sovereign functions' of the State
and hence, they come within definition of industry ... function any sovereign function. The powers to function any
20
PSK,J&NNR,J
cea_04_2011
sovereign function are enjoyed only
function or the duty being performed by the claimants was a
sovereign function entrusted to the Gram Panchayat by the
Lagislature in exercise ... those functions, which are primarily
inalienable, and which can be performed by the State
alone. Such functions may include legislative functions,
the administration
respondent No.1 an Army driver stood protected as a
"sovereign function". Since the appeals arise out of the same accident ... sovereign immunity. Further, the learned counsel
argues that negligent driving of a vehicle on a public road is not a sovereign
function and therefore
under:-
Sovereign: adj.
(Of a state) characteristic of or endowed with supreme authority< sovereign nation> < sovereign immunity>.
Sovereign ... under:-
"Sovereign: adj.
(Of a state) characteristic of or endowed with supreme authority< sovereign nation> < sovereign immunity>.
Sovereign
under:-
Sovereign: adj.
(Of a state) characteristic of or endowed with supreme authority< sovereign nation> <
sovereign immunity>.
Sovereign ... under:-
"Sovereign: adj.
(Of a state) characteristic of or endowed with supreme authority< sovereign nation> <
sovereign immunity>.
Sovereign
denied on the ground that guarding the jail is a
sovereign function of the State. The judgment of the Hon'ble Supreme Court ... same purpose....". The Court
emphasized the distinction between „sovereign functions‟ and „non-
sovereign functions‟ particularly at the present time when in pursuit
animating the undertaking. Hon‟ble the Supreme Court also
excluded the sovereign functions of the State from the purview of Industry,
though sounding a caution ... welfare measures undertaken by the
State may not be disguised for sovereign functions. The relevant extract of
the judgment is set out below:-
"Banerji
benefit by the status.
(b) Notwithstanding the previous clauses, sovereign functions, strictly
understood, (alone) qualify for exemption, not the welfare activities or
economic adventures undertaken ... government or statutory bodies.(c)
Even in departments discharging sovereign functions, if there are units
which are industries and they are substantially severable, then they
animating the undertaking. Hon‟ble the Supreme Court also
excluded the sovereign functions of the State from the purview of Industry,
though sounding a caution ... welfare measures undertaken by the
State may not be disguised for sovereign functions. The relevant extract of
the judgment is set out below:-
"Banerji
