Unit V · Topic 7Tortious liability of the State – Previous Year Questions

Arrange the following cases in chronological order:

State of Rajasthan v. Vidyawati

State of Gujarat v. Memon Mohamed

Rudal Shah v. State of Bihar

Secretary of State for India v. Hari Bhanji

Codes:

1. (a)(1), (2), (3) and (4)
2. (b)(1), (2), (4) and (3)
3. (c)(4), (3), (1) and (2)
4. (d)(4), (2), (3) and (1)✓

In which of the following cases did the Supreme Court of India give the ruling that sovereign immunity of the State is subject to the Fundamental Rights?

1. (a)Kasturilal Ralia Ram Jain v. State of U.P.
2. (b)State of Rajasthan v. Vidyawati
3. (c)People's Union for Democratic Rights v. State of Bihar✓
4. (d)Shyam Sundar v. State of Rajasthan

Which of the following is NOT a sovereign function of the State?

1. (a)Construction of a military road
2. (b)Injury to the plaintiff during lathi-charge by police to disperse an unlawful crowd
3. (c)A government jeep being taken from the workshop to the collector’s bungalow for his use✓
4. (d)Distribution of meals to army personnel

In which case was it held by the Supreme Court that the state was not liable on the ground that police were acting in discharge of statutory power, and the power of the police in keeping property in the police Malkhana was a sovereign power?

1. (a)Ramawati Kaur v. State of Bihar
2. (b)Radha Aggarwal v. State of U.P.
3. (c)Kasturi Lal v. State of U.P.✓
4. (d)State of Bihar v. Rameshwar Prasad

This was held by the Supreme Court in:

1. (a)Mohammad Murad v. Govt. of U.P.
2. (b)Kasturi Lal Ralia Ram Jain v. State of U.P.✓
3. (c)State of U.P. v. Hindustan Lever Ltd.
4. (d)State of U.P. v. Tulsiram

Assertion (A): In vicarious liability, a master is held liable for negligence of his servant in the course of employment.

Reason (R): A Municipal Corporation cannot be held liable for the negligence of its servant while driving a vehicle belonging to the Corporation in course of its business.

Codes:

1. (a)Both (A) and (R) are correct and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are correct but (R) is not the correct explanation of (A)
3. (c)(A) is correct, but (R) is wrong✓
4. (d)(A) is wrong, but (R) is correct

Assertion (A): Acts of state are directed against another sovereign state or its sovereign personally or its subjects.

Reason (R): Acts of executive Government in the name of President in normal course of administration are acts of state and are not open to judicial scrutiny.

Codes:

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false✓
4. (d)(A) is false, but (R) is true