AIBE XV — January 2021 — Q.38 (Constitution of India)

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Q.38

Tort, MV Act & Consumer Protection Medium Knowledge-Based

Bare Act Constitution of India · Article 300

According to Classical doctrine of Act of State in law of Torts means:

✓ an act of the sovereign power of a country, that cannot be challenged, controlled or interfered with by municipal courts Answer

B an act of the Judiciary of a country, that cannot be challenged, controlled or interfered with by municipal courts

C an act of the sovereign power of a country, that can be challenged, controlled or interfered with by municipal courts

D None of the above

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Explanation & Strategy

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The classical doctrine of Act of State in tort law means the sovereign (state) cannot be sued for acts done in exercise of sovereign functions. In India, this doctrine is limited — the state IS liable for commercial/non-sovereign functions but immune for sovereign acts.

At a Glance

Subject Tort, MV Act & Consumer Protection

Difficulty Medium

Act Constitution of India

Section Article 300

Answer (A) Knowledge-Based

Paper AIBE XV — January 2021

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