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Issues Involved
1. Limitation of claims for damages. 2. Wrongfulness and good faith of detentions. 3. Bar under Section 44 of the Rajasthan Public Safety Ordinance. 4. Liability of the State for the Commissioner's order. 5. Acts of State and maintainability of the suit. 6. Validity of the plaintiff's notice. 7. Quantum of damages. 8. Relief entitlement. Detailed Analysis 1. Limitation of Claims for Damages The court examined whether the claims for damages were within the limitation period. The lower court held that the claim for damages for the second detention was not barred by Article 19 of the Limitation Act, while the claim for the first detention was barred. The appellate court agreed with the lower court's application of Article 19, which is specific to false imprisonment, over Article 2, which is more general. 2. Wrongfulness and Good Faith of Detentions The plaintiff alleged that both detentions were illegal, wrongful, and mala fide. The lower court found both detentions wrongful and without lawful justification. The appellate court upheld this finding, noting that there was no reasonable or probable ground for the Commissioner to be satisfied that the plaintiff was likely to act in a prejudicial manner. The Commissioner's actions were not in good faith as defined by relevant legal standards. 3. Bar Under Section 44 of the Rajasthan Public Safety Ordinance The lower court held that Section 44 did not protect the Government, as the term "person" did not include the Government. The appellate court disagreed, citing the Kotah General Clauses Act, which includes the Government in the definition of "person." However, the court found that the Commissioner's actions were not in good faith, thus Section 44 did not bar the suit. 4. Liability of the State for the Commissioner's Order The State argued it was not liable for the Commissioner's actions. The appellate court found that the Commissioner was not an agent of the Government in the ordinary sense and acted under statutory powers. Therefore, the Government could not be held liable for the Commissioner's wrongful act, nor could it ratify the Commissioner's actions. 5. Acts of State and Maintainability of the Suit The lower court held that the detentions were not "Acts of State" and the suit was maintainable. The appellate court did not specifically address this issue in detail but implicitly agreed by proceeding with the other issues. 6. Validity of the Plaintiff's Notice The lower court found the plaintiff's notice under Section 80 of the Civil Procedure Code to be valid. The appellate court did not find any reason to overturn this finding. 7. Quantum of Damages The lower court awarded damages for professional loss, mental worry, physical discomfort, and habeas corpus petition costs but disallowed the claim for loss of reputation. The appellate court found the lower court's discretion on the awarded amounts reasonable but disagreed on the loss of reputation, stating that preventive detention does entail loss of reputation. However, due to the finding on liability, this issue became moot. 8. Relief Entitlement The lower court awarded Rs. 3,400/- in damages. The appellate court, however, dismissed the suit entirely, holding that the Government was not liable for the Commissioner's wrongful detention order. Conclusion The appellate court allowed the appeal, dismissed the suit, and directed that each party bear its own costs throughout. The court found that the Government was not liable for the Commissioner's actions, which were not performed as an agent of the Government but under statutory powers.
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