B.L.HANSARIA, R.M.SAHAI
N. Nagendra Rao And Company – Appellant
Versus
State Of A. P. – Respondent
Judgment
R. M. SAHAI, J.:- Is the State vicariously liable for negligence of its officers in discharge of their statutory duties was answered in the negative by the High Court of Andhra Pradesh on the ratio laid down by this Court in M/s. Kasturi Lal Ralia Ram Jain v. State of U.P., AIR 1965 SC 1039 : (1965 (2) Cri LJ 144), while reversing the decree for payment of Rs. 1,06,125.72 towards value of the damaged stock with interest thereon at the rate of 6 granted by the trial Court for loss suffered by the appellant due to non-disposal of the goods seized under various control orders issued under the Essential Commodities Act, 1955 (hereinafter referred to as the Act). But for determining correctness of the view taken by the High Court granted certificate under Art 133(1) of the Constitution of India as the case involved, substantial questions of law, of general importance. Although the claim of he appellant was negatived mainly on the sovereign power of the State, but, that was only one of the reasons, as the High Court further held that the goods of the appellant having been seized in the exercise of statutory power for violation of the Control Orders and the seizure having been fo
relied on : State of Rajasthan v. Vidhyawati
Kasturi Lal RaliaRamJam v.Stateof U.P
State of Gujarat v. Memon Mahomed Haji Hasam
Basawa Kom Dyamangouda Patil v. State of Mysore
Sebastian M.Hongray v. Union of India
Saheli, A Womens Resources Centre v. Commission of Police, Delhi Police Headquarters
State of Maharashtra v. Ravikant S. Patil
relied : Maganbhai Ishwarbhai Patel v. Union of India
explained and limited : Kasturi Lal Ratio Ram Jain v. State of U.P.
considered : State of Rajasthan v. Vidhyawati
Province of Bombay v. Khushaldas S. Advani
Nilabati Behera v. State of orissa
Shyam Sunder v. State of Rajasthan
Pushpa Thakur v. Union of India
relied on : Diwan Sugar and General Mills (P.) Ltd. v. Union of India
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