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Report No. 01

Liability of the State in Tort

Chapter I

Introductory

1. Reference.-

On the initiative of the President of India, the Law Ministry took up for consideration the question whether legislation on the lines of the Crown Proceedings Act, 1947 of the United Kingdom in respect of claims against the Union and the States based on tort is needed and, if so, to what extent. After the constitution of the Law Commission, the Law Ministry referred the matter to the Commission for consideration and report.

2. The law regarding the liability of the Union and the States in respect of contracts, property etc., is not in doubt. But the law relating to the liability of the Union and the States for tortious acts is in a state of uncertainty. It becomes necessary, therefore, to examine the existing law with a view to determine the extent of the liability of the Union and the States for tortious acts.



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