Understanding The Public Liability Insurance Act, 1991

The Public Liability Insurance Act, 1991 ("Act") was enacted after the outbreak of Bhopal Gas Leak, to provide immediate relief to persons affected by an accident occurring while handling any hazardous substance. The Act came into force from 01.04.1991. Section 3 of the Act incorporates the principle of "Absolute Liability" or payment of compensation on "No-Fault Basis". The Owner is liable to pay compensation to the Claimant for Death, Damage, or Injury. The amount of compensation...

From Anvar To Arjun – A Tale Of Two 'Anys' & Other Stories

A statute, as is well known, must be construed having regard to parliamentary intent. For the said purpose it is open to a court not only to take into consideration the history of the legislation including the mischief sought to be remedied but also the objects and purpose it seeks to achieve. – Tata Power Co. Ltd. v. Reliance Energy Ltd

Resistance To The Idea Of Virtual Courts Is Misplaced

Recently, the Bar Council of India decided to hold a 'countrywide consultation' with lawyers and litigants on resumption of regular hearing in all courts'. Before that, the Chairman of BCI, Mr. Manan Kumar Mishra, had written to the CJI, expressing his anguish over the ideas about the continuance of virtual hearings after the lockdown period. The Online Courts or Remote Courts cannot be established in an adhoc manner. There needs to be a plan for a systematic transformation. This...

Revisiting Death Penalty

On the wee hours of 20th March 2020, four men, convicted of brutal gang rape and murder of a twenty-three years old, were hanged to death at Tihar jail in Delhi. The entire country went ecstatic when the morning news broke out, bringing a short relief to the people faced with a grim reality of an impending lockdown due to the Corona epidemic and the only complaint was the delay in delivering justice as it took more than eight years for the culprits to be executed. Incidents like the Delhi...

An Executive Court and a Judicial Committee: The Supreme Court's Decisions on the Internet Restrictions in Kashmir

On 11 May, the Supreme Court issued its decision in a case challenging the restriction on mobile internet speed in Jammu and Kashmir. The Court neither decided whether the restriction was unconstitutional nor issued a remedy. Instead, it referred the matter to a three member special committee. The Supreme Court's decision on 11 May was a sequel to its decision of 10 January 2020. At 149 pages collectively, the Court's decisions are relatively brief by its standards. However, they are far more...

Quippo Construction Equipment Ltd v Janardan Nirmal Pvt Ltd : A Critical Analysis

In the celebrated judgment of the Division Bench of the Bombay High Court in Mohandas Issardas And Ors. vs A.N. Sattanathan And Ors[2], authored by Justice M.C. Chagla, it was observed that a judgment of a Court has to be read in the context of questions which arose for consideration in the case in which the judgment was delivered. A distinction was drawn between ratio decidendi and obiter dictum of a judgment. Justice Chagla observed that an obiter dictum is an observation by Court on a...

Irregular Arbitration Agreements; An invitation To Intervene?

The origins of international arbitration are sometimes traced, if uncertainly, to ancient mythology. Dispute resolution among Greek gods, in matters at least arguably international by then-prevailing standards, involved disputes between Poseidon and Helios over the ownership of Corinth (which was reportedly split between them after an arbitration before Briareus, a giant) as stated by Ralston in his book, International Arbitration from Athens to Locarno in 1929. Athena and Poseidon over...

Pre-Litigation Mediation-A Real 'Setu' For Business

Derived from Sanskrit 'setu' means "to bind, who or what binds or fetters or a bridge". The word should have higher significance for organizations during these challenging times, which are looking to continue their businesses, honour commitments and make every effort to pay salaries - in short keep their business relationships alive and not burn any bridge. There is no doubt that these unprecedented times of COVID-19 and subsequent imposition of countrywide lockdown has caused not only...

IBC And The Pandemic: Is There A Way Out For Resolution Applicants?

Prior to the onset of Covid19 and the lockdown, several resolution plans would have been at the stage of: (1) Having been submitted under Section 30(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), cleared under Section 30(2) thereof by the resolution professional and pending approval by the Committee of Creditors (CoC), or, (2) Having been approved by the CoC under Section 30(4) of the IBC and pending approval by the Adjudicating Authority, or, (3) Having been approved by...

Vishakhapatnam And Bhopal: A Look At Our Morbid Past On The Road To Justice

History doesn't repeat itself, but it does have a tendency to rhyme. Paraphrasing Mark Twain seems apt for the events that have transpired at a chemical plant in Vishakhapatnam as it bellowed toxic gases into neighbouring villages, wreaking havoc on people, fauna and flora. The tragic incident forces us to revisit the deep scars that remain enmeshed in the lake city of Bhopal as a foreboding to what may arise in the future in Vishakhapatnam. Strict v/s Absolute liability The ...

Warranty Period Of Consumer Product And Services Amidst Covid-19

Following the outbreak of the deadly pandemic, we have almost strived ourselves through the two months of rigorous lockdown, and further proceeding towards lockdown 4.0. Although, our subsistence by staying at home during the present time would have been way more challenging, had we not as a consumer relied upon durable consumer goods and products (automobiles, home appliances, consumer electronics, furniture etc.) for our day to day functioning and upkeep. However, unfortunate are those,...

Memories Of 70 Years Of A.K Gopalan Case

On 19th may 1950, exactly 70 years ago, a landmark judgement was pronounced by a Constitution Bench comprising Chief Justice H J Kania, Justice Fazal Ali, Justice Patanjali Sastri, Justice M.C Mahajan, Justice Ranjan Sudhi Das and Justice B.K. Mukherjea - A K Gopalan vs State of Madras. About the Case A.K Gopalan, famous communist leader, who was the petitioner in this case filed the petition under article 32 (1) of the Constitution of India for a writ of habeas corpus...