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september 1964

Supreme Court of India · 1964-09-29

KASTURILAL RALIA RAM JAIN vs THE STATE OF UTTAR PRADESH

Citation / case number
SC 1963/8
Court
Supreme Court of India
Petitioner
KASTURILAL RALIA RAM JAIN
Respondent
THE STATE OF UTTAR PRADESH
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court ruled that the State of Uttar Pradesh is not liable for the negligent acts of police officers in the seizure and custody of gold under Article 300(1) of the Constitution of India. The Court held that the powers exercised by police officers in seizing property are sovereign powers, and thus, the State cannot be held liable for negligence in this context. The judgment distinguished the case from The State of Rajasthan v. Must. Vidhyawati, emphasizing the special characteristics of sovereign power in this instance.

KASTURILAL RALIA RAM JAIN vs THE STATE OF UTTAR PRADESH · Niyam