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--------------- Print Magazine --------------
  May 2016
  April 2016



Principle: Even if the sovereign functions of the State are discharged negligently the State is not vicariously liable in tort.

Factual Situation: A is a trader in gold. Once he was arrested by the police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. In the words of Supreme Court, "There can be no escape from the conclusion that the police officers were negligent in dealing with the property after it was seized". One of the constables fled with gold to Pakistan.


(a) A succeeded because the servants of the State were negligent and thus caused injury.

(b) A failed because the constable who seized the gold had fled to Pakistan and the gold was not with the State at all.

(c) A failed because the acts of search and seizure by the Police Officer were part of the sovereign function of the State.

(d) There was some other relief given to A .

The answer is (a) .


Instructions: Out of the given two statements Assertion (A) and Reason (R), examine carefully the Codes and select the answer?


(a) Both A and R are individually true and R is the correct explanation of A.

(b) Both A and R are individually true but R is not the correct explanation of A.

(c) A is true but R is false.

(d) A is false but R is true.

Assertion (A): Conventional rains occur during pre-monsoon summer in India.

Reason (R): Such rains occur due to adiabetic cooling.

The answer is (d).


Instructions: Consider the following statement and identify with the help of the Code the tree, with which the statement is related to?

The branches of this tree root themselves like new trees over a large area. The roots then give rise to more trunks and branches. Because of this characteristic and its longevity, this tree is considered immortal and is an integral part of the myths and legends of India.

(a) Banyan
(b) Neem
(c) Tamarind
(d) Peepal

The answer is (a).

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