Vizag Gas Leak: 'Strict Liability' Or 'Absolute Liability'?

On Friday, the National Green Tribunal ordered LG Polymers to deposit Rs. 50 Crores with the District Magistrate, Vishakhapatnam, in connection to a major leak of Styrene gas from its polymer plant situated in RR Venkatapuram village.However, the NGT observed in the order that the situation attracted the principle of "strict liability"."Leakage of hazardous gas at such a scale...

The Distinction Between "Cognizable Offence" And "The Curial Act Of Taking Cognizance Of An Offence"

INTRODUCTION I retired from the High Court of Kerala in the year 2012. During my tenure as a Judge in the High Court all the Chief Justices while fixing the roster, were giving me mostly criminal jurisdictions and I metamorphosed into a confirmed criminal judge, although as a lawyer, I was practicing exclusively on the civil side. While I was convalescing after an influenza during the COVID-19 lockdown period, Advocate Mr. Shyam Padman from Calicut sent me a message inviting ...

Art Of Cross-examination : Basic Canons

Introduction: The law of evidence is a system of rules for ascertaining controverted questions of fact in a judicial investigation of the dispute before the Court. In India, the Indian Evidence Act, 1872 ("Indian Evidence Act") is the principal legislation indicating, what is evidence, what are the types of evidence, what are the facts on which evidence are to be led and what are...

[Contract Act] Sec 32 Instead Of Sec 56 Applies When Parties Agree In Advance On Contingency Which Makes Performance Impossible : SC

In a recent decision in the case NAFED vs Alimenta S A, the Supreme Court had the occasion to discuss the circumstances under which the provisions of Sections 32 and 56 of the Indian Contract Act 1872 apply when the performance of a contract has become impossible.The main point in this case was whether a foreign award was opposed to public policy of India and was therefore...

Plea Bargaining In India

Plea Bargaining, in the most traditional and general sense, refers to a pre-trial negotiation between the defendant, who is represented by a counsel and the prosecution, during which the defendant agrees to plead guilty in exchange for certain concessions by the prosecutor. Plea Bargaining is further divided into two categories – "charge bargaining", where the negotiation is to...

Injunction On Invocation Of Bank Guarantee : Case Laws & Principles

Introduction The present situation because of the lockdown due to the emergence of Covid-19 can lead to various parties being unable to comply with their obligations under the contract, empowering the beneficiary/creditor to invoke bank guarantee(s) submitted on behalf of the principal debtor. This is an opportune time to ascertain the meaning of a Bank Guarantee and...

Step By Step Guide To E-Filing & VC Hearing Procedure In Urgent Matters In Delhi High Court

During the lockdown in the National Capital Territory of Delhi in light of the COVID-19 pandemic, the Delhi High Court has resolved to hear inter alia fresh urgent matters through Video Conference("VC"). Since it is a relatively new practice, this article is an attempt to aid fellow lawyers with the procedure related to Mentioning, Listing and Hearing and the requisites of Pleadings...

When Can A Court Issue Non-Bailable Warrant Of Arrest, Process For Declaring A Person As Proclaimed Offender & Order of Attachment Under CrPC: Jharkhand HC Clarifies [Read Judgment]

The Jharkhand High Court has reiterated that non-bailable warrant of arrest and processes and order of attachment under the CrPC cannot be issued in a mechanical manner, and the court has to record its satisfaction with regard to the pre-requisites before passing such an order. "Non-recording of subjective satisfaction in the order will make the order bad and a non-speaking one....

Seat of Arbitration & Territorial Jurisdiction of Courts

Domestic arbitration is regulated by Part I of the Arbitration and Conciliation Act, 1996 ["Act of 1996"] and Section 2(2) thereof states that Part I applies where the 'place' of arbitration is in India. Therefore, arbitration proceedings which takes place in India and where disputes are decided in accordance with the substantive laws of India is referred to as 'domestic arbitration'....

[Order 8 Rule 1 CPC ] Time Limit To File Written Statement : Mandatory Or Directory

Does Desh Raj v. Balkishan clarify whether the time limit to file Written Statement is Mandatory or Directory?

Law On Damages For Breach Of Contract

In the times of COVID-19, as the world has come to a standstill, innumerable contracts would be in a state of stasis, having remained unexecuted or only partially executed, performance not having taken place or having become impossible, payments not made or not entirely made, many contractual promises unfulfilled. We do not know the future post COVID-19 but experts have warned of...

Proof Of Will & Presumption Under Sec 90 Of Evidence Act : Some Conflicting Decisions

Is Bharpur Singh v. Shamsher Singh (2009) 3 SCC 687 followed in M.B.Ramesh v. K.M.Veeraje Urs (2013) 7 SCC 490 per incuriam ?Thanks to Corona lock down, the legal profession has seriously turned to academics. Bar Associations and law offices are hosting webinars on a daily basis. This is a wholesome trend. Prof.Upendra Baxi while commenting on the Kesavanda Bharati judgment wrote...