titled “Liability of the State in Tort” and recommended to the Central
Government to enact the law covering the field of liability of State ... lack of legislation, regarding tortious claims against States and need for a
comprehensive legislation in dealing with the tortious liability of the States
passing on the footpath. The statutory
duty gives rise to tortious liability on the State and as
its agent, the appellant-Corporation being a statutory ... guiding principles of law on tortious
liability. In the formative stage of the development of
tortious liability, the Corporation being a Corporation
aggregate of persons
SC1480 (73)
ACT:
Constitution of India, 1950, Art. 300(1) -State Liability for
tortious acts of its servants.
HEADNOTE:
Some police officers of the State ... borne in mind in discussing questions
of the State's liability arising from tortious acts
committed by public servants. That is why the clarity
Rogers
at p. 3 , it is stated:-
"tortious liability arises from breach
of a duty primarily fixed by law, this duty is
towards persons ... Lord Wright while
illustrating the need for existence of duty of care stated:-
"All that is necessary to a step to
establish the tort
namely, in State of Rajasthan v Mst . Vidyavathi Kasturilal v. State of Uttar Pradesh . The liability of the State for any tortious act committed ... Court was of the view that the immunity from liability of the State for tortious act committed by its servant when exercising sovereign powers delegated
borne in mind in discussing questions of the State's liability arising from tortious acts committed by public servants. That is why the clarity ... State."
These observations clearly go to show that the concept of sovereign functions and the immunity of the State from tortious liability
borne in mind that the State's tortious liability is
recognised by the Constitution of India. In this connection it is to be pointed ... offender under the penal law.
29. In a case of tortious liability of the State or breach of duty or its
instrumentality, the person aggrieved
namely, in State of Rajasthan v. Vidyavathi, and Kasturilal v. State of U. P. , . The liability of the State for any tortious act committed ... Court was of the view that the immunity from liability of the State for tortious act committed by its servant when exercising sovereign powers delegated
material to support the said claim.
11. As regards the State's tortious liability, it has been held by the Supreme Court that ... question was what is the tortious liability of the State when a 'Reclamation bundh' was constructed by the State Government without heeding
principle indicated therein was that the State is
responsible for the tortious acts of its employees. In
State of Maharashtra and Others v. Ravikant ... said. In Saheli,
reference was made to the State's liability for tortious
acts of its servants without any reference being made
