jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
This paper looks at the Doctrine of Waiver, it’s definition and its historical growth over the period of time. It looks at the landmark judgment’s which have made some relevant points while looking at the doctrine. Some of the salient features of the doctrine has been laid down.
A right is frequently described as an interest or a claim that gives the holder the ability to control how others behave, i.e., to force them to perform or refrain from performing an action. It is critical to consider how frequently these rights are waived.
A person has specific legal rights that are granted to him by the constitution, a law, or a contract. A right is an interest or a claim that gives the holder the ability to direct the behaviour of others, i.e., to compel someone to do or refrain from doing something. Whether these rights can be waived raises an important question.
According to Black’s Law Dictionary, doctrine of waiver is the deliberate or willing renunciation of a recognized right. Waiver occurs when a person knowingly and consciously chooses not to exercise a right that they would otherwise have or knowingly gives that right away. When a person waives a right, they are no longer able to exercise it and are not permitted to question the legality of the law for which it was waived.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
This paper looks at the Doctrine of Waiver, it’s definition and its historical growth over the period of time. It looks at the landmark judgment’s which have made some relevant points while looking at the doctrine. Some of the salient features of the doctrine has been laid down.
A right is frequently described as an interest or a claim that gives the holder the ability to control how others behave, i.e., to force them to perform or refrain from performing an action. It is critical to consider how frequently these rights are waived.
A person has specific legal rights that are granted to him by the constitution, a law, or a contract. A right is an interest or a claim that gives the holder the ability to direct the behaviour of others, i.e., to compel someone to do or refrain from doing something. Whether these rights can be waived raises an important question.
According to Black’s Law Dictionary, doctrine of waiver is the deliberate or willing renunciation of a recognized right. Waiver occurs when a person knowingly and consciously chooses not to exercise a right that they would otherwise have or knowingly gives that right away. When a person waives a right, they are no longer able to exercise it and are not permitted to question the legality of the law for which it was waived.
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.
BP Oil Spill and if the BP Oil Spill had happened in India and Comparative study between India and States with respect to Oil SpillBP Oil Spill .What if the BP Oil Spill had happened in India and Comparative study between India and States with respect to Oil Spill.
A Presentation on Oleum gas leak case study {MC Mehta vs Union of India, 1985}
a case about the compensation and liability of the employer in case of any disaster.
The landmark Judgement of Supreme of India which propound the new kind of liability without any defence.
The Environmental laws give huge importance to maintaining an ecological balance of the environment by safeguarding the forests and wildlife of the country. The main job of environmental law is to protect human health as well as the environment.
If the question is asked “What is Love Canal? Why is it important?” the answer could be simply put, it is an incomplete canal, or just a trench, built in western New York state in the 1890s. From the 1930s through the 1950s, it was used as a chemical waste dump. The surrounding land was then sold and used for residential purposes, and soon people began complaining about strange odours and possible health problems. Since the late 1970s, many studies have been done to ascertain whether any health problems can be traced to the waste dumped into LoveCanal.
It is significant because it was the first case concerning hazardous waste disposal and its possible health effects that received major national attention. The information in this site is drawn primarily from two publications: Monitoring the Community for Exposure and Disease, a report to the Agency for Toxic Substances and Disease Registry (Nicholas Ashford, Principal Investigator, and Linda Schierow, Project Manager, Centre for Technology, Policy and Industrial Development, 1991) and Love Canal: Science, Politics, and People (Adeline Gordon Levine, Toronto: D.C. Heath, 1982). Other information is drawn from materials listed in the other Love Canal Resources sections.
The Love Canal neighbourhood is located in the city of Niagara Falls, in western New York State. It officially covers 36 square blocks in the south-eastern corner of the city. Two bodies of water define the northern and southern boundaries of the neighbourhood Bergholtz Creek to the north and the Niagara River one-quarter mile to the south. Open fields are to the east, and the western border is 92nd Street. The canal itself is enclosed by 97th, 99th, Colvin and Frontier Streets.
Disputes concerning the regulation and use of water in the Murray-Darling Basin have now reached a critical point where extended periods of extreme drought and climate change have forced threats of High Court litigation. Whilst a number of similar threats have been made since settlement, no court has ever made an authoritative judgment on such water disputes. As such, many important questions about the rights of States and their residents to take and use water remain unresolved. Professor Williams and Matthew Lee assess both the genesis and development of water law in Australia in order to provide an explanation of how we have arrived at this current water crisis.
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.
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
How to Create Map Views in the Odoo 17 ERPCeline George
The map views are useful for providing a geographical representation of data. They allow users to visualize and analyze the data in a more intuitive manner.
1.4 modern child centered education - mahatma gandhi-2.pptx
Absolute liability
1. PRINCIPLES OF ABSOLUTE LIABILITY
.
It is the fundamental principle of law that “Sic utere tuo ut
alienum non laedas”(means : Enjoy your own property in a
such a manner as not to injure another persons )
But there are certain occasions and activities, by which there
are chances of causing harm or injury to the useful peoples
For example Factories.
2. • Types of liabilities are :-
Absolute Liability
Strict Liability
Vicarious Liability
3. STRICT LIABILITY
Strict liability means
liability without fault
i.e., without intention or negligence.
(the defendant is held liable without fault.)
Also known as “NO fault labiality” which was evolved in
Rylands vs. Fletcher case.
It is the application of Strict Liability but without the
exceptions
Absolute liability is a standard of legal liability found
in tort and criminal law of various legal jurisdictions
Evolved in the famous case
“M.C. Metha vs. Union of India” in 1987
ABSOLUTE LIABILITY
4. STRICT LIABILITY
Rule in Ryland v. Fletcher
• “The person who, for his own purpose, brings on
his land and collects and keeps there anything
likely to do mischief if it escapes, must keep it in
at his peril; and if he does not do so is prima facie
answerable for all the damage which is the
natural consequence of its escape.”
• The liability under this rule is strict and it is no
defense that the thing escape without that
persons willful act, default or negligence or that
he had no knowledge of its existence.
5. Case facts:
• The defendant was a mill owner, and he employed some
independent contractors who were apparently competent, to
construct a reservoir on his land to provide water for his
mill. In the course of work the contractors came upon some
old shafts and passages on the defendant’s land. They
communicated with the mines of the plaintiff, a neighbour
of the defendant, although no one suspected this, for the
shafts appeared to be filled with earth. The contractors did
not block them up, and when the reservoir was filled the
water from it burst through the old shafts and flooded the
plaintiff’s mines. It was found as a fact that the defendant
had not been negligent, although the contractors had been.
But the House of Lords held the defendant liable.
• On the basis of liability in this case rule propounded by the
house of lord Mrs. Blackburn, J
6. For the application of the rule therefore the following three essentials
should be there:
(1) Some dangerous thing must have been brought by a person on his
land.
(2) The thing thus brought or kept by a person on his land must
escape.
(3) It must be non-natural use of land.
• EXCEPTIONS TO THE RULE
The following exceptions to the rule have been recognized by
Rylands v Fletcher and some later cases:-
I. Default of the claimant
II. Act of God
III. Statutory Authority
IV. Consent of the claimant
V. Act of third party.
7. ABSOLUTE LIABILITY
Rule laid down by Supreme Court of India in the
Oleum Gas Leak Case
• Where an enterprise is engaged in a hazardous or
inherently dangerous activity, 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 exceptions.
• The enterprise cannot escape liability by showing
it had taken all reasonable care and there was no
negligence on its part.
• This principle, however, has been rarely applied
since it was formulated.
8. Case facts:
• Shriram Food and Fertilizers Industry a subsidiary of Delhi Cloth Mills
Limited was producing caustic and chlorine. On December 4th and 6th
1985, a major leakage of oleum gas took place from one of the units of
Shriram Food and Fertilizers Limited in the heart of the capital city of
Delhi which resulted in the death of several persons that one advocate
practicing in the Tis Hazari Courts died.
• The leakage was caused by a series of mechanical and human errors.
This leakage resulted from the bursting of the tank containing oleum gas
as a result of the collapse of the structure on which it was mounted and
it created a scare amongst the people residing in that area. Hardly had
the people got out of the shock of this disaster when, within two days,
another leakage, though this time a minor one took place as a result of escape
of oleum gas from the joints of a pipe.
• On 6th December, 1985 by the District Magistrate, Delhi under Section
133(1) of Cr.P.C, directed Shriram that within two days Shriram should
cease carrying on the occupation of manufacturing and processing
hazardous and lethal chemicals and gases including chlorine, oleum,
super-chlorine, phosphate, etc at their establishment in Delhi and within
7 days to remove such chemicals and gases from Delhi. At this juncture
M.C.Mehta moved to the Supreme Court to claim compensation by filing
a PIL for the losses caused and pleaded that the closed establishment
should not be allowed to restart.
9. M.C Mehta(Mahesh Chander Mehta )
Mahesh Chandra Mehta is a public interest attorney from India. He
was awarded the Goldman Environmental Prize in 1996 for his
continuous fights in Indian courts against pollution-causing
industries. He received the Ramon Magsaysay Award for Asia for
Public Service in 1997.
M.C Mehta established MC Mehta Environmental Foundation
MCMEF is a non-profit, non-governmental committed organization
working nationwide for the protection of the environment, the
rights of the people to clean and fresh water and air, the promotion
of sustainable development, and the protection of the cultural
heritage of India.
Mission:
• We pledge to create an interactive movement at the national level for environmental and
social justice.
• To provide a forum for concerned citizens, NGOs and activists working for the survival of
living beings, sustainable development and social change.
• To provide training to and sharpen the skills of young lawyers, scientists and activists in order
to strengthen environmental law and policy.
10. REMEDIES:-
• Action for Damages
• Injunction
• Specific restitution of a property (in an action for
detention of property)
• Recovery of land (in cases of wrongful dispossession)
• Other legal remedies.
11. Water Pollution
• Water Pollution refers to the contamination of water bodies and resources.
making water unsuitable for both humans and other living things. Humans
can be affected by water pollution as water pollution make water unsuitable
for drinking, cooking, washing, bathing and also recreational activities
(domestic use)Marine Animals living in these water bodies will also be
affected as they will be poisoned when consuming the water, or when they
consume the pollutants in the water which are normally very poisonous.
• Pollution in the Ganges River
The settlements built along the river, as well as the dumping of waste
water have resulted in the serious pollution in the Ganges.
Some people even cremate and dump the bodies of the deceased into the
river during holy rituals.
12. Water Pollution & Some Important Case Laws:
• The M.C. Mehta v. Union of India [AIR 1988 SC 1037] also
known as the Kanpur Tanneries or Ganga Pollution case is
among the most significant water pollution case. Detailed
scientific investigations and the reports were produced before
the Court as evidence.
• In Vineet Kumar Mathur v. Union of India [(1996) 1 SCC
119], the Court took note of the continued violation of the
State.
• In Ambuja Petrochemicals v. A.P. Pollution Control Board
[AIR 1997 AP 41], oneof the industries covered by the
Patencheru belt of treatment plants was served with a notice
for violating the Water (Prevention and Control of Pollution)
Act. The industry replied to the notice. The Board however,
not satisfied with the reply of the industry, directed its closure.
13. Corporate Manslaughter and Corporate
Homicide Act 2007, United Kingdom
• Companies and organisations can be found guilty of corporate
manslaughter as a result of serious management failures
resulting in a gross breach of a duty of care.
Liability for organisations
Corporate Manslaughter and Corporate Homicide Act 2007
Health and Safety at Work Act 1974
14. Case review on under the Corporate Manslaughter and
Corporate Homicide Act 2007
• Cotswold Geotechnical Holdings Ltd., a geological survey company, in
February’2011 was fined with £385,000 over the death of geologist
Alexander Wright under the Corporate Manslaughter and Corporate
Homicide Act 2007
The Facts
The prosecution of Cotswold arose out of the death of an employee, Alex
Wright, in September 2008. Alex Wright, who was a geologist, died whilst
taking soil samples from a 3.5 metre deep trial pit on a building site.
• Tragically, the walls of the trial pit were not properly supported and
collapsed, burying Alex Wright.
• The prosecution asserted that Cotswold had failed to take all reasonably
practicable steps to prevent Alex Wright working in a dangerous way.
• The jury heard that Cotswold had failed to update and comply with its
own risk assessments and had not complied with industry guidance and
fined with £385,000 .