tests to determine if the legislative or executive function is
sovereign in nature is whether the State is answerable for such
actions in Courts ... demarcating line
between sovereign and nonsovereign powers for which no rational
basis survives has largely disappeared. Therefore, barring functions
such as administration of justice
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
Ito (E) 1(1), Mumbai vs Bharat Diamond Bourse, Mumbai on 30 March, 2017
आयकर
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
industry, it being a department of Government of India which performs sovereign function. In support of his contention, learned counsel for the petitioner has relied ... sovereign, socialist, secular, democratic republic has to establish an egalitarian social order under rule of law. The welfare measures partake the character of sovereign functions
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
their duties as per law during the course of performance
of sovereign function, as such, no action for tort/civil wrong can lie
against ... performance of sovereign function. It is also pleaded that
the present suit is barred by limitation as cause of action had arisen
against the defendants
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
lease.
24. Taxation and collection of tax are no doubt sovereign
functions. The sovereign himself or itself cannot collect
