While reading the famous Kasturi lal v. state of U.P case (Art.300) I was struck by a query.
If I was the respondent's advocate( State advocate) then how will I argue before the honourable Supreme court that the case is not maintainable? How will I support this arguement ?
My try towards this question-
I could point out several precedents such as P.O Steam Navigation case and say that the state cannot be held liable for the acts of its employees as they had a statutory power to exercise and thus the case cannot be maintained.