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Report No. 01

Appendix I

The State was held not liable for torts arising out of:

(1) Commandeering goods during war.1

(2) Making or repairing a military road.2

(3) Administration of Justice.3

(4) Improper arrest, negligence or trespass by police officers:4

(5) Removal of an agent by a labour supply association under an ordinance.5

(6) Wrongful refusal to issue a licence to sell ganja under excise law.6

(7) Negligence of officers of the court of wards in the administration of estate in their charge.7

(8) Negligence of officers in the discharge of statutory duties.8

(9) Loss of movable property in the custody of government.9

(10) Payment of money to a person other than the rightful owner by government servants.10

(11) Negligent acts of servants of the Government. The Crown was not liable for negligent or tortuous acts of its officers done in the course of their official duties imposed by statute except where it could be proved that the impugned act was authorised by the Crown or that it had profited by its performance.11

(12) Removal of a child by the negligence of the authorities of a Hospital maintained out of the revenues of the State.12

(13) Negligence of the Chief constable who seized hay under statutory authority.13

1. 54 Cal 969.

2. 39 Mad 351.

3. 5 Luck 157.

4. 9 Rang 375.

5. 37 Mad 55 (reviews all the decision English and Indian).

6. I Call II.

7. 36 CWN 606.

8. 37 CWN 957.

9. 1950 All 56.

10. (1942) 2 Cal 141: 1950 All 206: 1934 Cal 7 (128): 37 CWN 957.

11. 38 Cal 797; 51 CWN 534.

12. AIR 1939 Mad 663.

13. 28 Bom 314.



Liability of the State in Tort Back




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