What was the held by the Supreme Court in the case of Kasturi Lal and Ralia Ram Jain v. State of U.P. in regard to a tortious act of a public servant?
– The Supreme Court in Kasturi Lal and Ralia Ram Jain v. State of U.P. , held the State is not liable on the view that tort was committed by the police officers in the exercise of delegated sovereign powers. The Court observed: “it must be borne in mind that when the State pleads immunity against the claims for damages resulting from injury caused by negligent acts of its servant, the area of employment referable to sovereign powers must be strictly determined. Before such a plea is upheld, the Court must always find that the impugned act was committed in the course of an undertaking or employment which referable to the exercise of delegated sovereign powers.”