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.
CONTRACT OF BAILMENT
Section 148 of the Indian Contract Act states that, Bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.
CONTRACT OF BAILMENT
Section 148 of the Indian Contract Act states that, Bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.
Nature and scope of Jurisprudence
Austin- He said that “Science of Jurisprudence is concerned with Positive Laws that is laws strictly so called. It has nothing to do with the goodness or badness of law. This has two aspects attached to it:
1. General Jurisprudence- It includes such subjects or ends of law as are common to all system.
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
The slides discuss in detail the concept of Restitution of Conjugal Rights in Hindu, Muslim, Christian, and Parsi laws. Useful for Law Students and professionals.
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.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Nature and scope of Jurisprudence
Austin- He said that “Science of Jurisprudence is concerned with Positive Laws that is laws strictly so called. It has nothing to do with the goodness or badness of law. This has two aspects attached to it:
1. General Jurisprudence- It includes such subjects or ends of law as are common to all system.
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
The slides discuss in detail the concept of Restitution of Conjugal Rights in Hindu, Muslim, Christian, and Parsi laws. Useful for Law Students and professionals.
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.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
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.
Environmental Justice:Challenges, Access and Necessity of National NetworkNafeesa Shamsuddin
Environmental Justice:Challenges, Access and Necessity of National Network
Author : Iqbal Kabir, Lawyer from Bangladesh Environmental Lawyers Association (BELA)
This was presented in the Public Interest Litigation Workshop which was held by the Advocacy Unit of ASK in August 2013
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.
The Consumer Protection Act,1986 (COPRA) was an Act by the Parliament of India elected to protect the interests of consumers in India.It was replaced by the Consumer Protection Act, 2019. It was made for the establishment of consumer councils and other authorities for the settlement of consumer's grievances and matters connected with it. The act was passed in Assembly in October 1986 and came into force on December 24, 1986. The statute on the right was made before this COPRA act 1986.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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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.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
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.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
1. Shriram Gas Leak Case
M.C. MEHTA V. UNION OF INDIA
[1987 SCR (1) 819, AIR 1987 965]
2. Background of the case
Shriram Food and Fertilizers is an privately owned
company manufactures caustic chlorine and oleum.
Complex of the factory with the area of approximately 76
acres and its was surrounded by densely populated
colonies such as Punjabi Bagh, West Patel Nagar,
Karampura, Ashok Vihar, Tri Nagar and Shastri Nagar
and within a radius of 3 kilometres around the complex
of the company and the colonies have the population of
approximately 2, 00,000”.
An public interest litigation (No. 12,739, 1985) was filed
by “M.C. Mehta”.
3. •On the 4th of December 1985, Oleum gas had leaked from
the complex into the surrounding community resulting in
one fatality and many injuries.
•The Inspector of Factories and the Assistant Commissioner
of Factories issued orders to shut down the plant on the 7th
and 24th of December respectively under the Factories Act
(1948).
4. Victims Pleading’s
On behalf of the gas leak victims the Delhi Legal aid
and Advice Board and the Delhi Bar Association filed
for compensation along with the original petition of
M.C. Mehta
The Petitioners moved their pleadings under
Article 21 (Right to Life),
Article 32(Writ Petition)
and an extension of Article 12 (State Enterprises) in
Indian Constitution to the Supreme Court.
5. Shriram Food and Fertilizers Response
It First objected the scope of Article 32, that there was no
demand for compensation in the first petition by M.C. Mehta,
neither was it added by amendment to it after the accident.
They also stated that both Delhi Legal aid and Advice Board
and the Delhi Bar Association were not even the belligerents in
the first petition.
Second objection was that on the use of Article 21 (on whose
violation the petitions were filed). Shriram Food and Fertilizer
was a privately owned enterprise. It did not fall under Article
12 (being party to the state or state machinery) and hence if it
had violated any fundamental right of a citizen it could not be
taken to court under Article 21.
Shriram also responded by filing writ petitions of itself (No. 26
of 1986) to nullify the two orders from the Inspector of
Factories and the Assistant Commissioner of Factories and
interim opening of its caustic chlorine plant manufacturing;
glycerine, soap, hard oil, etc.
6. Court’s Decision
With regard to the First Objection of Shriram Fertilizers, It
stated that the Supreme Court is not merely an institution for
constitutional remedy but also confers a responsibility to
safeguard the fundamental rights of the citizens, especially
those citizens who are from weaker sections of society and
cannot themselves get justice. The Supreme Court also stated
that Shriram Food and Fertilizers was being hyper-technical
and hence its appeals on this ground were denied.
With regard to the Second Objection of Shriram Fertilizers, It
stated that due to the lack of time and considering the urgency
it was not going to go into the details of definition of state and
non-state institutions under Article 12, but since Shriram Food
and Fertilizers was involved in the manufacture of
commodities essential to the public life, and supplemented the
state industries in doing so, it enjoyed all the benefits and
liabilities which comes under Article 12.
7. Concept of Absolute Liability
The “Ryland V. Fletcher” rule.
The Court decided that,
The rule of strict liability as proposed in the case “Ryland v. Fletcher”
doesn’t applies. And the Justice. Bhagwatii stated that “the rule
prescribed in Ryland V Fletcher has been 100 years old and is not
enough to decide cases such as these, while in the ever changing
society”.
Considering that Shriram Food and Fertilizers was in the business of
manufacture and handling to hazardous substances, injurious to
public health the onus of prevention and caution should have been
entirely upon them .The court decided apt to use the concept absolute
liability against Shriram Food and Fertilizers.
And new concept of absolute liability adapted by the court .
8.
9. Forming and Findings of the Committe
Responding to the petition filed by Shriram Food
and Fertilizers requesting the opening of the
undamaged caustic chlorine plant, the Supreme
Court appointed two committees of experts; the
Manmohan Singh Committee and the Nilay
Choudhary Committee. The committees is to find
and advice the Court with regard to decision of
Reopening of the Factory.
Findings:
Old and worn out machinery.
Indifference of the management towards safety, worker
awareness and accident training.
Lack of safety equipment.
10. Recommendations
One operator must be specifically designated responsible for each safety
device.
The chief inspector was directed to inspect the factory at least once a
week.
Ensure that it was in compliance with the effluent and emission limits of
the Air and Water Act.
In case of any future leak or accident, the management will be personally
responsible for the compensation and must do so within one week of the
accident.
• A worker’s safety committee must be constituted.
• Educational posters on the post-exposure treatment of chlorine must
be placed.
• Training and making awareness amoung the labourers.
• Installation of loudspeakers to alert, on the event of a chlorine gas
leak
• Shriram was made to deposit a sum or 20lac with the court registrar
to settle any claims made by aggrieved party in case of leak
11. Judgment
The Supreme Court delivered its judgement on the
19th of December 1986.
Shriram responsible for the accident and resultant
compensation of the victims.
The court also instructed Shriram to comply with all
the recommendations of the Nilay Choudhary and
Manmohan Singh Committees.
The court also instructed the victims of the Oleum
gas leak to file their complain for compensation in
the Tis Hazari lower court of Delhi.
12. Significance of the Judgemet
Court considered that Shriram’s caustic chlorine
plant employed around 4000 people.
Considered that Shriram was in the business of
producing daily commodities.
It produced chlorine for the chlorination and
purification of water for the Delhi Jal Board.