LANDMARK CASE

Kasturilal Ralia Ram Jain v. State of Uttar Pradesh

AIR 1965 SC 1039 · Supreme Court of India · Torts

At a glance

Citation: AIR 1965 SC 1039
Court: Supreme Court of India
Area of law: Torts
In one line: No. The state was not liable as the act was in exercise of sovereign power.

1 Facts

Police seized gold from a jeweller and a constable misappropriated it.

2 Issue

Is the state liable for torts of police in the exercise of sovereign power?

3 What the court decided

No. The state was not liable as the act was in exercise of sovereign power.

4 Why it matters

Heavily criticised and limited by later cases like Nilabati Behera.

5 Think about it

Should sovereign immunity exist in a modern democracy?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

7 More cases on Torts

Ashby v. White (1703) 2 Ld Raym 938
Caparo Industries v. Dickman [1990] 2 AC 605
Charan Lal Sahu v. Union of India (1990) 1 SCC 613
Donoghue v. Stevenson [1932] AC 562
Gloucester Grammar School Case (1410) YB 11 Hen IV
Hedley Byrne and Co. v. Heller and Partners [1964] AC 465

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