In This we discussed Hazardous Substance and activities to handle them , How Liabilities impose under Law to solve conflicts with the help of some cases.
- Delhi Bottling Company was discharging trade effluents from its factory into the Yamuna River under a consent order from authorities.
- The Central Pollution Control Board filed a complaint alleging the company was not treating effluents according to standards and a sample showed non-compliance.
- A magistrate ordered the company to stop discharges until building treatment and complying with standards. The company appealed, arguing sample collection did not follow proper procedure.
- The High Court set aside the order, finding sample analysis was not from the proper laboratory as required by law, so conclusion of non-compliant discharges was not sustainable.
No fault liability , strict liability, absolute liability, oleum gas case, Bh...Bindu Kshtriya
a brief description of no fault liability in environmental laws, along with full description of absolute liability and strict liability, with cases citation, i.e oleum gas case and Bhopal gas tragedy
This document discusses writs under the Indian Constitution, with a focus on writs of habeas corpus. It defines a writ as a formal order issued by a sovereign or court commanding an officer to do or refrain from doing an act. The Indian Constitution empowers the Supreme Court and High Courts to issue writs to enforce fundamental rights. A writ of habeas corpus, meaning "you may have the body," orders a detaining authority to produce an arrested person in court so the court can examine if the detention is lawful. The writ is a remedy for wrongful imprisonment and can be filed by the detained person or someone acting on their behalf. The document outlines cases related to the scope and application of writs of habeas corpus.
Who owns earth and its resources ?
And how much of these resources can be used by the general public ?
This was an important question in the ancient days.
● Accordingly it was the Byzantine Emperor Justinian l who pioneered the concept, which later came to be known as the Public Trust Doctrine.
● PUBLIC TRUST DOCTRINE is the principle which states that; certain resources like -
the Air, Water, Sea, Forests, Rivers, Ponds, Lakes, Mountains can never be subject to
PRIVATE OWNERSHIP.
● Such sources are a gift of the nature to the mankind as a whole.
● It should be available to all irrespective of race, religion, caste, sex
and social status.
◆ The Doctrine of Public Trust is a highly useful tool in the hands our Judiciary to protect and preserve the environment from the arbitrary and unreasonable actions of the governmental authorities.
◆ These days the influence of private actors (corporate bodies) is increasing globally, there are high chances of misuse of the natural resources or grant of these resources in favour of private players by the governments.
◆ In such cases the Doctrine of Public Trust would work as an effective check of the exercise of power by government with regard to dealings and management of natural resources.
The document discusses the rule of strict liability established by Rylands v Fletcher and its exceptions. The Rylands v Fletcher case established that a person is strictly liable for damages caused by anything dangerous they bring onto their land that escapes and causes harm, even if they were not negligent. The key exceptions to this rule of strict liability are acts of God, acts of third parties, the plaintiff's own fault, when the act is authorized by statute, and when the plaintiff has consented to the presence of the dangerous thing.
- Delhi Bottling Company was discharging trade effluents from its factory into the Yamuna River under a consent order from authorities.
- The Central Pollution Control Board filed a complaint alleging the company was not treating effluents according to standards and a sample showed non-compliance.
- A magistrate ordered the company to stop discharges until building treatment and complying with standards. The company appealed, arguing sample collection did not follow proper procedure.
- The High Court set aside the order, finding sample analysis was not from the proper laboratory as required by law, so conclusion of non-compliant discharges was not sustainable.
No fault liability , strict liability, absolute liability, oleum gas case, Bh...Bindu Kshtriya
a brief description of no fault liability in environmental laws, along with full description of absolute liability and strict liability, with cases citation, i.e oleum gas case and Bhopal gas tragedy
This document discusses writs under the Indian Constitution, with a focus on writs of habeas corpus. It defines a writ as a formal order issued by a sovereign or court commanding an officer to do or refrain from doing an act. The Indian Constitution empowers the Supreme Court and High Courts to issue writs to enforce fundamental rights. A writ of habeas corpus, meaning "you may have the body," orders a detaining authority to produce an arrested person in court so the court can examine if the detention is lawful. The writ is a remedy for wrongful imprisonment and can be filed by the detained person or someone acting on their behalf. The document outlines cases related to the scope and application of writs of habeas corpus.
Who owns earth and its resources ?
And how much of these resources can be used by the general public ?
This was an important question in the ancient days.
● Accordingly it was the Byzantine Emperor Justinian l who pioneered the concept, which later came to be known as the Public Trust Doctrine.
● PUBLIC TRUST DOCTRINE is the principle which states that; certain resources like -
the Air, Water, Sea, Forests, Rivers, Ponds, Lakes, Mountains can never be subject to
PRIVATE OWNERSHIP.
● Such sources are a gift of the nature to the mankind as a whole.
● It should be available to all irrespective of race, religion, caste, sex
and social status.
◆ The Doctrine of Public Trust is a highly useful tool in the hands our Judiciary to protect and preserve the environment from the arbitrary and unreasonable actions of the governmental authorities.
◆ These days the influence of private actors (corporate bodies) is increasing globally, there are high chances of misuse of the natural resources or grant of these resources in favour of private players by the governments.
◆ In such cases the Doctrine of Public Trust would work as an effective check of the exercise of power by government with regard to dealings and management of natural resources.
The document discusses the rule of strict liability established by Rylands v Fletcher and its exceptions. The Rylands v Fletcher case established that a person is strictly liable for damages caused by anything dangerous they bring onto their land that escapes and causes harm, even if they were not negligent. The key exceptions to this rule of strict liability are acts of God, acts of third parties, the plaintiff's own fault, when the act is authorized by statute, and when the plaintiff has consented to the presence of the dangerous thing.
This document provides an overview of the topics of Estoppel, Admission, and Confession under the Indian Evidence Act of 1872. It discusses key sections and case laws related to Estoppel (Sections 115-117), noting that Estoppel prevents contradicting prior statements in court. It defines Estoppel and examines the conditions for its application, including types of Estoppel. For Admission, it discusses relevant persons and Sections 21. For Confession, it discusses when confessions are irrelevant, to police, and in further discovery of facts, covering Sections 29-30.
This document discusses the doctrine of legitimate expectation in Indian law. It begins by defining legitimate expectation as providing relief when claims cannot be justified strictly under law but civil consequences were suffered due to a violation of legitimate expectations. It then outlines the origin and meaning of legitimate expectations, including that expectations raised by administrative conduct must be respected. It discusses when legitimate expectations can arise, such as from an explicit promise or consistent past practice. It also discusses limitations, such as legitimate expectations not applying to legislative authorities or if contrary to public policy. The document concludes by noting the doctrine has gained significance in Indian courts but its application to substantive rights remains uncertain.
The document discusses the meaning and scope of professional misconduct by advocates in India. It begins by stating that advocacy is a noble profession that must be regulated. Professional misconduct refers to unacceptable or dishonorable conduct by an advocate. The Advocates Act of 1961 describes provisions for punishing professional and other misconduct. The State Bar Council has powers to investigate complaints and refer cases to disciplinary committees, which can reprimand, suspend, or remove advocates from the roll. The document then discusses the code of conduct and duties prescribed for advocates, as well as examples of professional misconduct. It outlines the constitution and powers of disciplinary committees to conduct hearings and issue punishments.
Constitutional provisions for environmental protectionKiran Prasad Naik
The document discusses the evolution of environmental protection provisions in the Indian constitution. It notes that initially the constitution did not have explicit environmental protection provisions. However, provisions like Article 47 implied the need for a pollution-free environment. The 1972 Stockholm Conference raised awareness of environmental issues globally. In response, India introduced Articles 48A and 51A(g) in 1976 to mandate environmental protection as a directive principle and fundamental duty. Further amendments expanded legislative powers to enact environmental laws and assigned environmental roles to local governments. The judiciary has also interpreted fundamental rights like right to life to include the right to a healthy environment. Overall, the constitution has been amended over time to strengthen environmental governance in India.
The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
The rule of harmonious construction provides that when two or more statutes or parts of a statute conflict, they should be interpreted in a way that harmonizes them and gives effect to both. The interpretation that avoids inconsistencies or repugnancy between provisions and makes the statute consistent as a whole should be adopted. If provisions cannot be completely reconciled, they must be interpreted to give effect to both as much as possible without reducing any provision to useless or dead letter. The rule aims to avoid head-on clashes and inconsistencies between different parts of a statute.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Law Senate Law Firm provide arbitration services in india in various sectors like construction and infrastructure, supply contracts, information technology and oil and gas refineries etc.
This document discusses arbitration agreements. It defines an arbitration agreement as an agreement between parties to submit present or future disputes to arbitration. There are two basic types: clauses in contracts and separate submission agreements for disputes that have already arisen. The document outlines requirements for valid arbitration agreements under the Model Law and New York Convention. It also discusses the law applicable to arbitration agreements, the power of courts to refer parties to arbitration when an agreement exists, interim measures courts can order, and grounds for terminating an arbitration agreement.
Corporate criminal liability determines how corporations can be held liable for crimes committed by employees. Historically, corporations were not considered capable of possessing criminal intent. However, courts began holding corporations criminally liable in the early 20th century where enforcement would be difficult without it. In India, the Supreme Court established in Standard Chartered Bank v. Directorate of Enforcement that corporations can be prosecuted and fined, even for offenses carrying mandatory imprisonment for individuals. This established that corporations can form criminal intent and are now routinely held criminally liable in India through fines imposed on the corporation.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
The case of Municipal Council Ratlam vs Vardi Chand is a landmark decision in the realm of writ jurisdiction in India. This pivotal case, heard by the Supreme Court in 1980, addressed the critical issue of a municipal council's responsibility in addressing public health and sanitation concerns within its jurisdiction. The ruling set a precedent for the expanded use of writs, particularly the writ of mandamus, to compel local authorities to fulfill their statutory duties and safeguard the fundamental rights of citizens.
The document discusses the concepts of res subjudice and res judicata under the Code of Civil Procedure 1908. It provides definitions and conditions for the application of both doctrines. Res subjudice refers to matters already under litigation in court and prevents simultaneous adjudication of the same matter. Res judicata establishes that a matter cannot be re-litigated once a competent court has made a final decision on it. The document also outlines the differences between the two doctrines.
The Bhopal gas tragedy of 1984 was the worst industrial disaster in history. A leak of methyl isocyanate gas from a Union Carbide pesticide plant in Bhopal, India exposed over 500,000 people to toxic gases. Immediate effects included blindness, respiratory illness, and death for over 3,000 people. Long term health issues included chronic respiratory disease, birth defects, and higher cancer rates. The Indian government passed new laws to regulate hazardous industries and provide compensation. However, survivors continue seeking increased compensation and medical support over 35 years later.
This document provides an introduction and synopsis of a research paper titled "AN ABSOLUTE LIABILITY IN INDIA WITH SPECIAL REFERENCE TO INDUSTRIAL DAMAGES." It discusses the rule of absolute liability established by the Supreme Court of India, compensation laws and statutes in India, issues related to industrial hazards and toxic waste, and aims to analyze the need for absolute liability in India with respect to industrial damages through comparative study and evaluation of judicial decisions and legal frameworks. The document outlines several hypotheses related to replacing the rule of strict liability with absolute liability, adequacy of compensation laws, need for consolidation of social security laws, and lack of implementation and monitoring of safety measures in industries.
This document provides an overview of the topics of Estoppel, Admission, and Confession under the Indian Evidence Act of 1872. It discusses key sections and case laws related to Estoppel (Sections 115-117), noting that Estoppel prevents contradicting prior statements in court. It defines Estoppel and examines the conditions for its application, including types of Estoppel. For Admission, it discusses relevant persons and Sections 21. For Confession, it discusses when confessions are irrelevant, to police, and in further discovery of facts, covering Sections 29-30.
This document discusses the doctrine of legitimate expectation in Indian law. It begins by defining legitimate expectation as providing relief when claims cannot be justified strictly under law but civil consequences were suffered due to a violation of legitimate expectations. It then outlines the origin and meaning of legitimate expectations, including that expectations raised by administrative conduct must be respected. It discusses when legitimate expectations can arise, such as from an explicit promise or consistent past practice. It also discusses limitations, such as legitimate expectations not applying to legislative authorities or if contrary to public policy. The document concludes by noting the doctrine has gained significance in Indian courts but its application to substantive rights remains uncertain.
The document discusses the meaning and scope of professional misconduct by advocates in India. It begins by stating that advocacy is a noble profession that must be regulated. Professional misconduct refers to unacceptable or dishonorable conduct by an advocate. The Advocates Act of 1961 describes provisions for punishing professional and other misconduct. The State Bar Council has powers to investigate complaints and refer cases to disciplinary committees, which can reprimand, suspend, or remove advocates from the roll. The document then discusses the code of conduct and duties prescribed for advocates, as well as examples of professional misconduct. It outlines the constitution and powers of disciplinary committees to conduct hearings and issue punishments.
Constitutional provisions for environmental protectionKiran Prasad Naik
The document discusses the evolution of environmental protection provisions in the Indian constitution. It notes that initially the constitution did not have explicit environmental protection provisions. However, provisions like Article 47 implied the need for a pollution-free environment. The 1972 Stockholm Conference raised awareness of environmental issues globally. In response, India introduced Articles 48A and 51A(g) in 1976 to mandate environmental protection as a directive principle and fundamental duty. Further amendments expanded legislative powers to enact environmental laws and assigned environmental roles to local governments. The judiciary has also interpreted fundamental rights like right to life to include the right to a healthy environment. Overall, the constitution has been amended over time to strengthen environmental governance in India.
The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
The rule of harmonious construction provides that when two or more statutes or parts of a statute conflict, they should be interpreted in a way that harmonizes them and gives effect to both. The interpretation that avoids inconsistencies or repugnancy between provisions and makes the statute consistent as a whole should be adopted. If provisions cannot be completely reconciled, they must be interpreted to give effect to both as much as possible without reducing any provision to useless or dead letter. The rule aims to avoid head-on clashes and inconsistencies between different parts of a statute.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Law Senate Law Firm provide arbitration services in india in various sectors like construction and infrastructure, supply contracts, information technology and oil and gas refineries etc.
This document discusses arbitration agreements. It defines an arbitration agreement as an agreement between parties to submit present or future disputes to arbitration. There are two basic types: clauses in contracts and separate submission agreements for disputes that have already arisen. The document outlines requirements for valid arbitration agreements under the Model Law and New York Convention. It also discusses the law applicable to arbitration agreements, the power of courts to refer parties to arbitration when an agreement exists, interim measures courts can order, and grounds for terminating an arbitration agreement.
Corporate criminal liability determines how corporations can be held liable for crimes committed by employees. Historically, corporations were not considered capable of possessing criminal intent. However, courts began holding corporations criminally liable in the early 20th century where enforcement would be difficult without it. In India, the Supreme Court established in Standard Chartered Bank v. Directorate of Enforcement that corporations can be prosecuted and fined, even for offenses carrying mandatory imprisonment for individuals. This established that corporations can form criminal intent and are now routinely held criminally liable in India through fines imposed on the corporation.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
The case of Municipal Council Ratlam vs Vardi Chand is a landmark decision in the realm of writ jurisdiction in India. This pivotal case, heard by the Supreme Court in 1980, addressed the critical issue of a municipal council's responsibility in addressing public health and sanitation concerns within its jurisdiction. The ruling set a precedent for the expanded use of writs, particularly the writ of mandamus, to compel local authorities to fulfill their statutory duties and safeguard the fundamental rights of citizens.
The document discusses the concepts of res subjudice and res judicata under the Code of Civil Procedure 1908. It provides definitions and conditions for the application of both doctrines. Res subjudice refers to matters already under litigation in court and prevents simultaneous adjudication of the same matter. Res judicata establishes that a matter cannot be re-litigated once a competent court has made a final decision on it. The document also outlines the differences between the two doctrines.
The Bhopal gas tragedy of 1984 was the worst industrial disaster in history. A leak of methyl isocyanate gas from a Union Carbide pesticide plant in Bhopal, India exposed over 500,000 people to toxic gases. Immediate effects included blindness, respiratory illness, and death for over 3,000 people. Long term health issues included chronic respiratory disease, birth defects, and higher cancer rates. The Indian government passed new laws to regulate hazardous industries and provide compensation. However, survivors continue seeking increased compensation and medical support over 35 years later.
This document provides an introduction and synopsis of a research paper titled "AN ABSOLUTE LIABILITY IN INDIA WITH SPECIAL REFERENCE TO INDUSTRIAL DAMAGES." It discusses the rule of absolute liability established by the Supreme Court of India, compensation laws and statutes in India, issues related to industrial hazards and toxic waste, and aims to analyze the need for absolute liability in India with respect to industrial damages through comparative study and evaluation of judicial decisions and legal frameworks. The document outlines several hypotheses related to replacing the rule of strict liability with absolute liability, adequacy of compensation laws, need for consolidation of social security laws, and lack of implementation and monitoring of safety measures in industries.
This document provides an overview of the Public Liability Insurance Act of 1991 in India. The key points are:
The Act was introduced after two major industrial accidents in 1984 and 1986 to make insurance compulsory for companies dealing with hazardous goods. It provides relief on a "no fault" basis to people affected by accidents from hazardous substances. The Act defines hazardous substances and people who can claim relief. It establishes limits on liability amounts and penalties for non-compliance. It also describes the process for claiming insurance and exclusions where insurance cannot be claimed.
1. The document discusses the rules of strict liability established in Rylands v. Fletcher, where a defendant can be held liable for damages caused by an escape from his land of something dangerous, even without negligence.
2. It then explains the evolution of the rule of absolute liability in India established in M.C. Mehta v. Union of India, where industries engaged in hazardous or inherently dangerous activities can be held absolutely liable for any resulting harms with no defenses.
3. Examples of the Bhopal gas tragedy case and M.C. Mehta case are provided where the rule of absolute liability was applied.
If an industry or organization engages in an activity that is intrinsically risky yet creates a financial profit, officials in the industry are accountable for paying the affected parties. If the activity has the potential to cause catastrophic damage.
This document discusses environmental liability and principles related to environmental law. It defines environmental liability as potential environmental costs a buyer incurs when purchasing an asset, including taking ownership of existing liabilities. The document outlines various types of environmental liabilities under federal, state, and local laws such as compliance obligations, remediation obligations, fines, compensation, and punitive damages. It also discusses the precautionary principle, polluter pays principle, and how these principles have been applied in Indian case law to protect the environment when scientific data is limited.
This document summarizes the Supreme Court of India case M.C. Mehta Vs. Union of India. The case originated from a gas leak from a food and fertilizer plant in Delhi that killed one person and hospitalized others. The court established the principle of absolute liability, holding those with hazardous substances fully responsible for any damages caused by their escape. It also discussed the concept of "deep pockets," referring to large corporations and governments being liable due to their ability to spread costs. The court ordered the Delhi Legal Aid Board to file compensation claims on behalf of victims and for the cases to be expedited in the High Court.
Liability Insurance is available to protect you against liability arising out of any accident affecting any person(s) occurring while handling hazardous substances. Came into force on 01st April 1991
The document discusses India's Civil Liability for Nuclear Damage Bill of 2010. It aims to create a mechanism for compensating victims of nuclear damage from incidents. Key points:
- It fixes liability for nuclear operators at up to Rs. 500 crore, with the central government liable for amounts from Rs. 500 crore to Rs. 300 million Special Drawing Rights.
- Operators must obtain insurance or financial security to cover their liability. For government-owned facilities, the government bears full liability.
- It defines nuclear incidents and damage, and outlines how compensation claims will be assessed and awarded by authorities designated by the central government.
- Some provisions have been critiqued as potentially inadequate to fully compensate
Tort law introduction into negligence. Ppreyhanarehan
Tort law provides compensation for civil wrongs and protects individuals from various harms. It establishes duties to not cause physical, property, economic, or reputational harm to others. Tort functions include deterring harmful behavior, holding people accountable, and improving standards of care. Common torts include negligence, nuisance, defamation, trespass, and battery. To establish negligence, one must prove a duty of care was breached that caused damage. The level of care owed depends on factors like expertise. Defenses can include acceptance of risk or contributory negligence.
Civil Liability for Nuclear Damage Act 2010 05Nov2014Upendra Joshi
This document discusses India's Civil Liability for Nuclear Damage Act of 2010, which implements the international nuclear liability regime. It establishes that:
1) The operator of a nuclear installation is strictly and solely liable for any nuclear damage.
2) The operator's liability is limited to 15 billion rupees for large reactors and 1 billion rupees for small research reactors.
3) Claims must be made within 10-20 years of the nuclear incident, depending on whether it involves property damage or personal injury.
4) Exclusive jurisdiction over nuclear liability claims is granted to claims commissioners and the Nuclear Damage Claims Commission.
Indemnity clauses - what they are, how they work and how to make them for youmikaelastafrace
This document discusses indemnity clauses, including what they are, how they work, and factors to consider when constructing them. Some key points:
- Indemnity clauses transfer risk contractually by having one party promise to compensate the other for certain losses or damages. They are a form of insurance provision.
- When constructing an indemnity clause, parties should carefully consider its scope, who and what risks it protects, any liability caps, insurance requirements, and triggers for when it becomes effective.
- Australian courts now take an expansive view of "consequential loss" in indemnity clauses, not limiting it to foreseeable losses as in the past. Proper risk allocation and clear wording
Rights of the Parties and Discharge; Remedies for Breach of ContractHelpWithAssignment.com
Business law is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.It is often considered to be a branch of civil law and deals with issues of both private law and public law.
This document discusses pecuniary loss under Malaysian law. It outlines three categories of pecuniary loss - expenses incurred by victims, personal expenses of victims and their families, and business losses. However, business losses are generally not recoverable. Pecuniary loss in Malaysia includes expectation interest (loss of profits) and reliance interest (wasted expenditures). Expectation interest aims to put the plaintiff in the position they would have been in had the contract been performed, while reliance interest compensates for expenses incurred in reliance on the contract. There are exceptions where reliance interest cannot be claimed, such as when losses were due to terms agreed upon in the contract.
This document summarizes a study note on the Inheritance Act 1975 regarding dependents and delay. It discusses two recent court cases - Lilleyman v Lilleyman (2012) and Berger v Berger (2013). Lilleyman v Lilleyman involved determining reasonable financial provision for a spouse where the marriage was short. The court had to consider factors like needs, contributions, and the size of the estate. Berger v Berger provided guidance for when applications under the Act are made out of time. The document also discusses provisions for dependents, delay in applications, and dispositions intended to defeat applications.
Download Michael O' Connor, Head of Projects, Energy and Construction at Matheson's slides from this morning's briefing on Emerging Issues in Energy Litigation – A1P1 ECHR.
The presentation examines last month’s decision of the Court of Appeal in the case of The Department of Energy & Climate Change v Bryer Group PLC & Others.
Visit www.matheson.com/legal-services/projects-energy-and-construction-law to find out more.
The Intersection of Bankruptcy and Environmental Law Financial Poise
Environmental laws, propounded in order to hold polluters liable for remediation, are often in conflict with bankruptcy laws’ general principles of a “fresh start” and the ability to shed certain financial burdens. Bankruptcy laws automatic stay is one such protection – the enjoinment of parties from taking actions against the debtor upon the filing of the bankruptcy petition – that is sometimes trumped by environmental law concerns, namely, the police and regulatory exception to the automatic stay.
This webinar addresses the tensions between bankruptcy and environmental law, and examines how bankruptcy law deals with property contamination issues, the sale or abandonment of contaminated property, successor liability, environmental cleanup claims, and dischargeability of governmental claims.
Part of the webinar series: BANKRUPTCY INTERSECTIONS 2022
See more at https://www.financialpoise.com/webinars/
The Intersection of Bankruptcy and Environmental Law (Series: Bankruptcy Inte...Financial Poise
Environmental laws, propounded in order to hold polluters liable for remediation, are often in conflict with bankruptcy laws’ general principles of a “fresh start” and the ability to shed certain financial burdens. Bankruptcy laws automatic stay is one such protection – the enjoinment of parties from taking actions against the debtor upon the filing of the bankruptcy petition – that is sometimes trumped by environmental law concerns, namely, the police and regulatory exception to the automatic stay. This webinar addresses the tensions between bankruptcy and environmental law, and examines how bankruptcy law deals with property contamination issues, the sale or abandonment of contaminated property, successor liability, environmental cleanup claims, and dischargeability of governmental claims.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/the-intersection-of-bankruptcy-and-environmental-law-2020/
Ähnlich wie Hazardous Substance and Activities.pptx (20)
S. Jagannath filed a PIL for enforcement of the Coastal Zone Regulation Notification, which declared coastal stretches up to 500 meters from the high tide line and the area between the low and high tide lines as regulated zones. The notification imposed various restrictions to protect ecologically fragile coastal areas. The Supreme Court held that the central government must constitute an authority under the Environment Protection Act to confer powers to protect these coastal areas. The authority was directed to implement the precautionary principle and polluter pays principle. The court also stated that no shrimp culture ponds could be constructed within the regulated coastal zones as defined in the notification.
This document discusses key principles of international environmental law, including:
1) State sovereignty and its limitations when addressing transboundary issues like migratory species.
2) The duty of states to cooperate on environmental issues, as no state alone can ensure conservation.
3) The precautionary principle and polluter pays principle to prevent environmental degradation and assign financial responsibility.
4) Sustainable development, meeting present needs without compromising future generations' ability to meet their needs.
The Air (Prevention and Control of Pollution) Act of 1981 aims to control and reduce air pollution in India. It establishes central and state pollution control boards to regulate air quality standards. The boards monitor entities for compliance with emissions standards and can take legal action against violators or order operations to cease. Key features include giving the boards powers to declare air pollution control areas, require industries to obtain permission before operating in such areas, set emissions limits, conduct inspections and testing, and establish air quality laboratories. Non-compliance can result in fines and imprisonment. The Act contains 54 sections organized across 7 chapters delineating the roles and responsibilities of the pollution control boards.
The document discusses the Right to Information Act in India. It provides background on how secrecy was the norm in British India but transparency became a pressing need for Indian citizens after independence. It summarizes the key objectives of the RTI Act to establish an informed citizenry and open society with transparent governance. It also discusses the role of judicial precedents in establishing information as a right under freedom of speech. The document analyzes a key court case that established the Chief Justice of India and Supreme Court of India as a single public authority under the RTI Act, with information held by the CJI subject to disclosure.
This document discusses freedom of speech and expression in the Indian constitution. It provides context around debates in the Constituent Assembly regarding guarantees of freedom of speech and expression. It outlines key articles and clauses related to this fundamental right, including Article 19(1) which guarantees citizens the right to freedom of speech and expression, and Article 19(2) which allows the government to place reasonable restrictions on this right in interests of security, sovereignty and public order. The document also references debates around whether the freedom of press should have separate mention and key court cases related to interpreting the scope of freedom of expression.
The document discusses sting operations, including their origins, legal issues raised, and guidelines/cases related to their use and legality in India. Some key points:
1. A sting operation involves secretly recording individuals to expose criminal behavior, but can raise moral questions as innocent people may be entrapped.
2. Indian courts have examined the legality of sting operations, establishing some have public interest but others may be illegal if solely intended to harm individuals.
3. Guidelines have been issued for sting operations televised in India, including verifying their authenticity, obtaining permissions, and protecting privacy.
4. Recent supreme court cases have further explored when sting operations are legally permitted investigations versus illegal entrap
This document discusses various defenses against tortious liability. It begins by defining plaintiff and defendant in a tort case, with the plaintiff claiming harm done by the defendant. The document then outlines several defenses a defendant can use to avoid tortious liability, including consent (volenti non fit injuria), act of God, inevitable accident, private defense, mistake, statutory authority, and necessity. Each defense is then discussed in further detail with examples provided. Limitations to the consent defense are also examined, such as requiring consent to be voluntary, not obtained through fraud, and not given under compulsion. Overall, the document provides a comprehensive overview of defenses against tortious liability.
This document summarizes a case discussing the legal maxim of "damnum sine injuria". It discusses the Town Area Committee v. Prabhu Dayal case, where the plaintiff claimed damages from the defendant Town Area Committee for illegally demolishing shops he had constructed. The court found that while the plaintiff suffered monetary loss from the demolition, his legal rights were not violated as he had constructed the shops without the proper notices and approvals required by law. As no legal injury occurred, the maxim of "damnum sine injuria" applied and the plaintiff's claim was dismissed.
This document discusses the origins and development of tort law in England. Some key points:
1. Tort law originated in England before the Norman Conquest of 1066. Early English law did not distinguish between crimes and civil wrongs.
2. After the Norman Conquest, courts were established to punish violence and criminal acts. The distinction between civil wrongs and crimes was still not clearly defined.
3. The action of trespass was introduced in the 13th century and could result in damages or punishment, showing the early blending of civil and criminal law.
4. Over time, the concepts of legal rights and remedies developed. By the 19th century, tort was defined as a civil wrong for
This document discusses the doctrines of fixtures and profit a prendre under Indian law. It defines fixtures as things attached to land that become part of the land based on two maxims - whatever is planted in the earth becomes part of the earth, and whatever is built into or attached to the soil becomes part of the land. There are exceptions if there is a contract stating otherwise. Profit a prendre is defined as the right to enter another's land to take something of value, like crops, minerals, or game. It must involve an interest in the land and relate to the produce or profits of the soil. Various cases are used to illustrate what constitutes a fixture or profit a prendre under Indian law.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...
Hazardous Substance and Activities.pptx
1. Hazardous Substance and Activities :
Liabilities & Laws
By
Dr. Ashutosh Kumar Srivastava
Assistant Professor
Law centre II
Faculty of Law
University of Delhi
9079298265
2. Liabilities in Environmental Matters
•Common Law, a derivative of Latin expression Lex-
Communis, refers to a body of customary Law of
England, which is based upon Judicial Decision.
• Though Common Law has its origin in England
continues to be in force in India as per Article 372 of
constitution of India in so far as it is not altered
repealed or altered or amended by competent
legislature.
3. Liabilities in Environmental matters
• The common Law remedies for environmental
matters are available under Law of Torts.
• To constitute a tort or civil injury
•1 There must be wrongful act committed by person
•2 The wrongful act must give rise to legal damage or
actual Damage
• 3 The wrongful act must be of such a nature as to
give rise to a legal remedy in the form of an action for
damages
4. Liabilities in Environmental matters
Tortuous Liabilities For environmental pollution are
available under following heads :
1. Negligence
2. Nuisance
3. Trespass
5. Liabilities in Environmental Matters
Negligence : it is breach of legal duty to take care
which results in damage undesired by defendant to
plaintiff
Definition involves three constituents of negligence :
1. A legal duty to exercise due care on part of party
2. Breach of said duties
3. Consequential Damage.
A general principle of Foreseeability and proximity
applicable in solving cases.
6. Liabilities in Environmental Matters
There are many activities which are so hazardous that
they constitute constant danger to person or property
The Law may deal with them in three ways :
1. It may prohibit them altogether
2. It may allow them to be carried on for the sake of
their social utility but only in accordance with
statutory provisions
3. Strict Liability
7. Strict Liability in Environment Matter
•The principle of Strict Liability was established in the
Case of Ryland vs. Fletcher 1868,
•In this wrong doer is strictly liable for their wrong
actions,
•Exception to the Strict Liability
•Act of God or Vis Major
•Wrongful Act of Third Party
•Plaintiff’s own fault
•Consent of Plaintiff
•Discharge of Public Duty
8. Absolute Liability
MC Metha vs Union of India AIR 1987
No Fault Liability : Absolute Liability
Where an enterprise is engaged in hazardous or
inherently dangerous activities and harm result to
anyone on account of an accident in operation of such
hazardous or inherently dangerous activity resulting
for example in escape of toxic gas , the enterprise is
absolutely liable to all those who are effected by the
accident and such liability is not subject to any of the
exception which operate tortious principle of strict
liability.
9. Mass Tort Action
• Where the public at large are effected by tortuous
action called mass tort.
example :
Bhopal gas tragedy case
Oleum gas leake case
10. Legislation on Hazardous Substance
•Public Liability insurance Act 1991
•Hazardous waste ( Management and Handling ) Rules
1989, and amendment in 2000
•Rules for Manufacture , use , import , export, and
storage of hazardous microorganism, genitically
engineered organism or cells , 1993.
•Manufacture, storage and import of Hazardous
chemical Rules 1989.
11. MC Mehta v Union of India, 1987 AIR
1086 (Oleum Gas Leak case)
•The principle of absolute liability was laid down in the
case of MC. Mehta vs union of India
•Shriram Foods and Fertiliser Industries is manufacturer
of caustic chlorine including its by-products and recovery
plants like soap, glycerine and technical hard oil, etc.
• There was escape of oleum gas from one of the units of
Shriram on 4th and 6th December, 1985
• applications were filed by the Delhi Legal Aid & Advice
Board and the Delhi Bar Association for award of
compensation to the persons who had suffered harm on
account of escape of oleum gas.
12. MC Mehta v Union of India, 1987 AIR
1086 (Oleum Gas Leak case)
• We cannot allow our judicial thinking to be constricted
by reference to the law as it prevails in England or for the
matter of that in any other foreign country. We no longer
need the crutches of a foreign legal order. We are certainly
prepared to receive light from whatever source it comes
but we have to build up our own jurisprudence and we
cannot countenance an argument that merely because the
new law does not recog- nise the rule of strict and
absolute liability in cases of hazardous or dangerous
liability or the rule as laid down in Rylands v. Fletcher as
is developed in England recognises certain limitations and
responsibilities.
13. MC Mehta v Union of India, 1987 AIR 1086
(Oleum Gas Leak case)
We in India cannot hold our hands back and I venture
to evolve a new. principle of liability which English
courts have not done. We have to develop our own law
and if we find that it is necessary to construct a new
principle of liability to deal with an unusual situation
which has arisen and which is likely to arise in future
on account of hazardous or inherently dan- gerous
industries which are concommitant to an industrial
economy, there is no reason why we should hesitate to
evolve such principle of liability merely because it has
not been so done in England.
14. MC Mehta v Union of India, 1987 AIR
1086 (Oleum Gas Leak case)
• In escape of toxic gas the enterprise is strictly and
absolutely liable to compensate all those who are
affected by the accident and such liability is not
subject to any of the exceptions which operate vis-a-
vis the tortious principle of strict liability under the
rule in Rylands v. Fletcher.
15. Union Carbide Corporation v Union of India,
AIR 1992 SC 248
•The Bhopal Gas incident occurred in December 1983
• The Union of India under the Bhopal Gas Leak
Disaster (Processing of Claims) Act of 1985 took upon
itself the right to sue for compensation on behalf of the
affected parties and filed a suit for realisation of
compensation.
16. Union Carbide Corporation v Union of
India, AIR 1992 SC 248
The suits were consolidated and Judge Keenan by his
order dated 12th May, 1988, dismissed them on the
ground of forum non conveniens, subject, inter alia, to the
following conditions:
1) Union Carbide shall consent to submit to the
jurisdiction of the Courts of India and shall continue to
waive defences based on the statute of limitations, and
2) Union Carbide shall agree to satisfy any judgment
rendered against it in an Indian Court, and if appealable,
upheld by any appellate court in that country, whether
such judgment and affirmance comport with the minimal
requirements of due process.
17. following findings are recorded and directions issued: UCC v. U O I
•For an expeditious disposal of the claims a time-
bound consideration and determination of the claims
are necessary.
• In the matter of administration and disbursement of
the compensation amounts determined, the guide-lines
contained in the judgment of the Gujarat High Court in
Muljibhai v. United India Insurance Co, are
required to be taken into account.
• For a period of 8 years facilities for medical
surveillance of the population of the Bhopal exposed
to MIC should be provided by periodical medical
check-up.
18. following findings are recorded and directions issued: UCC v. U O I
•In respect of the population of the affected wards,
[excluding those who have filed claims], Government
of India shall take out an appropriate medical group
insurance cover from the Life Insurance Corporation
of India or the General Insurance Corporation of India
for compensation to those who, though presently
symptomatic and filed no claims for compensation,
might become symptomatic in future and to those
later-born children who might manifest congenital or
prenatal MIC related afflictions.
19. following findings are recorded and directions issued: UCC v. U O I
• On humanitarian consideration and in fulfilment of
the offer made earlier, the UCC and UCIL should
agree to bear the financial burden for the
establishment and equipment of a hospital, and its
operational expenses for a period of eight years.
20. Relation of EPA Regulation and Liability
Therefore the Nature of liability for hazardous
substance is No fault liability i.e. Strict or absolute
liability.
By the virtue of Environmental Protection Act 1986
(EPA) Central Government may issue various
notification / regulation time to time to ensure liability
in handling hazardous material