DEVELOPMENT OF VICARIOUS LIABILITY IN INDIA: ANALYSING THE CASE OF KASTURI LAL V. STATE OF UTTAR PRADESH

AUTHOR – VEDANSH RAJ, SECOND YEAR LAW STUDENT AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB (RGNUL)

BEST CITATION – VEDANSH RAJ, DEVELOPMENT OF VICARIOUS LIABILITY IN INDIA: ANALYSING THE CASE OF KASTURI LAL V. STATE OF UTTAR PRADESH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 541-547, APIS – 3920 – 0001 & ISSN – 2583-2344.

abstract

This research examines the landmark case of Kasturi Lal Ralia Ram Jain v. The State of Uttar Pradesh, decided on September 29, 1964, by the Supreme Court of India. The case revolves around the negligent handling of confiscated goods by police officers, specifically gold and silver, leading to a claim against the State for compensation. Central to the dispute was the application of sovereign immunity, shielding the State from liability for torts committed by its employees during the exercise of sovereign powers. The Court’s decision in this case established significant precedents in defining the scope of governmental liability and the concept of sovereign functions under Indian law.

Keywords: Kasturi Lal Ralia Ram Jain, State of Uttar Pradesh, sovereign immunity, negligent handling, Supreme Court of India, tort liability, sovereign functions