Supreme Court of India

State of Bihar v. Bishnu Chand Lal Chaudhary and Ors.

Neutral citation
Reported as [1985] 2 S.C.R. 527
Bench E.S. Venkataramiah J.
Decided 8 January 1985

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What the Court ordered

For the foregoing reasons, we set aside the judgment aad decree by the trial court and the judgment and decree dated August 17, 1963 passed by the Division Bench of the High Court and pass a decree against defendant No. 1, the State of Bihar directing it to pay the plaintiff's legal representatives a sum of Rs. 8,000/-with interest there­ on at 6 per cent per annum from the date of suit i.e.

Judgment, page 20

From the headnote

Tortious liability of State for damages for trespass and unauthorised intereference by it. with the proprietary interest ·and negli'gtnct-Effect of Section 31 of the Bihar State ManQgement of Estates and Tenures Act,· 1949._ .ct done in 'goodfaith'-Whether Section 31 of the Ac1 read with Section 4 (22) of the Bihar and Orissa General Clau,1,e5 Act, 1917 protects such State action against any alleged claim for loss by wilful default or gross negligence. Ely a Notification dated November 19, 1949 issued under section 3(1) of the Bihar State Management of Estates and Tenures Act, 1949 (Bihar Act

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