AIR 1978 KERALA 43 ::1978 ACJ 14 ::1978 TAC 80 ::1977 Ker LT 957 ::ILR (1978) 1 Ker 234

Kerala High Court

Hon'ble Judge(s): V. Balakrishna Eradi, T. Kochu Thommen , JJ

Torts - Vicarious liability - Government servant - Liability of State for tortious acts committed by its servants in course of their official duties - Doctrine of immunity - Applicability. The doctrine of immunity is now confined to narrow regions, namely, (a) the immunity of a foreign State from the jurisdiction of the local courts in regard to Acts jure imperil (non-commercial activities of States in its sovereign capacity) as distinguished from acts jure gestionis (commercial activities of State); and (b) the immunity of a State from the jurisdiction of its own courts in regards to acts of state and matters arising from military operations. The principle of State immunity-whether of the territorial state or of the foreign state-is a survival of the period when the sovereign was considered to be above the law. This is no longer the position.(Para 16) In a republican and democratic form of Government there is no justification for recognising the archaic theory of sovereign immunity which was founded on the feudalistic notions of justice in England.(Para 18) In India, ever since the time of the East India Company, the sovereign has been held liable to be sued in tort or in cottract, and the common Law immunity never operated in India. All powers @page-Ker44 vested in ....