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Report No. 92

Chapter 4

Substantive Law of State Liability

4.1. Substantive law not affected.-

We may make it clear that the present report is not concerned with the position in substantive law as regards the liability of public authorities. The legal principles as to the cases in which relief can be claimed for administrative illegality remains unaffected. However, we cannot help observing that it is desirable that the reforms already recommended on the subject by the Law Commission in various Reports-particularly, the recommendations relating to government liability in tort1-should be implemented as early as possible, in the interests of social justice and in conformity with modern trends.

1. Law Commission of India, 1st Report (Liability of the State in Tort).

Damage in Applications for Judicial Review - Recommendations for Legislation Back

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