issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute
extensive powers of control over electricity
undertakings, The power to make rule and regulations and to
administer the Act is in substance the sovereign power ... extensive powers of control over electricity
undertakings. The power to make rules and regulations and
to administer the Act is in substance the sovereign power
negligently was
being maintained by the State in exercise of its sovereign
powers and was not a part of any commercial activity of the
State ... social,
economic, political and even
marital. The demarcating line
between sovereign and non
sovereign powers for which no
rational basis survives has largely
disappeared. Therefore
sovereign it could not
claim sovereign immunity. Therefore, even though the
Company was not sovereign yet it was made sovereign for
carrying on hostilities ... sovereign immunity in the
English sense, was nonexistent during British rule.
18.Though the Company was not a sovereign but it did
exercise some power
legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India
claim in the suit was being maintained
"in exercise of sovereign powers" and not as part
of any commercial activity of the State ... place,
it was doing anything in connection with the
exercise of sovereign powers of the State? It has
to be remembered that the injuries resulting
bearer issued by or under the authority of any
State or Sovereign power provided it is intended to be used
as equivalent to or substitute ... also extends to counterfeiting etc. of currency notes of any
other sovereign power. [321 D-G]
2.2 The expression 'currency note' under
Government or by any other authority in exercise of its sovereign power in order to be used for the time being as money, whether such
servants employed by the Sovereign]; but they were a company
to whom sovereign powers were delegated, and who traded on
their own account ... powers usually called
sovereign powers; by which we mean powers which cannot be
lawfully exercised except by sovereign, or private
individual delegated by a sovereign
place on a particular
date or by a gradual process but sovereign power,
including the right to legislate for and
administer the acquired territory ... accordance with the law aforesaid and
in exercise of his sovereign powers, the Ruler
made the following 4 grants in favour of the
petitioner