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Report No. 88

3.7. Imprecision.-

In a Punjab case, Khosla, J. attempted to evolve a definition of the expression "affairs of State",1 and this definition was relied on in the same High Court in a later case.2 However, in appeal before the Supreme Court in the later case,3 the definition was not treated as exhaustive. Thus, the expression "affairs of State" is in practice, found to be somewhat imprecise.

1. G.G.-in-Council v. Peer Mohd., AIR 1960 Punj 228 (233) (Khosla, J.).

2. Sodhi Sukhdev Singh v. State, AIR 1961 Punj 407.

3. State of Punjab v. Sodhi Sukhdev Singh, AIR 1961 SC 43: (1961) 2 SCR 37.

Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back

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