The Bhopal Gas Leak Disaster

It was the night of December 2/3, 1984, when a mass disaster which was held as the worst in these recent years was caused when the leakage of a poisonous gas - METHYL ISOCYANATE (mic) along with other toxic gases used to manufacture pesticides happened in BHOPAL( The capital of Madhya Pradesh- India) .
The plant from where these gases were leaking was of UNION CARBIDE INDIA LTD. which was a subsidiary company of UNION CARBIDE CORPORATION- a multinational company registered in U.S.A. which is now a wholly owned subsidiary of THE DOW CHEMICAL COMPANY.

The disaster resulted in deaths of over 5000 people and there were serious injuries to thousands of people in bhopal. In just few hours of the leak, the streets were filled with dead bodies of humans and animals. people suffered through permanent blindness, problems in respiration system, and damage to foetus of many pregnant women.

The main problem which took place after this was of the claims which were filed by the victims and their families. the cases were filed against the company in india, company in U.S.A , and also against the government. An ordinance by central government was passed after this to settle all the claims - THE BHOPAL GAS LEAK DISASTER( PROCESSING OF CLAIMS) ACT, 1985. which was passed on 29th march 1985. it had 12 sections , which had all the details about the claims for the disaster.

There was also an order by District and Sessions Judge to UCC( union carbide company) to pay an interim relief of Rs. 350 CRORES to the Gas victims,  which was further reduced to Rs. 250 crores by madhya pradesh High Court.

In this case the rule of ABSOLUTE LIABILITY appilies, hence there was no escape for the company on the grounds of SABOTAGE(destroy).

The Bhopalpost.com

Cases to be followed:
1. UNION CARBIDE CORPORATION v. UNION OF INDIA and Others (1989)1 SCC 674.

ARTICLE 137 of the indian constitution was applied to the case.

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Determining the jurisdiction of CIVIL COURTS

Based on roman and Latin laws, the jurisdiction of civil courts is defined under The CIVIL PROCEDURE CODE as:

1. Where the property is situated ( LEX  SITUS)

2. where the act is committed ( LEX ACTUS)

3. where the wrong has been committed ( LEX DELICTI)

4. Where the function or ceremony was held ( LEX CELEBRATIONIS)

5. The place of Domicile ( LEX DOMICILI)

6. The place of solving the dispute ( LEX SOLUTIONIS)

The code of civil procedure also provides that Every suit shall be instituted in the Court of the LOWEST GRADE competent to try it.

Pecuniary Jurisdiction plays an important role in this determination of jurisdiction.

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WRIT OF QUO-WARRANTO

It is a Latin term which means ' What is your authority or show your authority '. On issue of this WRIT the person concerned is called upon to show the Court that by what authority he holds the office or the authority.
If the holder has has no authority, he will be ousted from the enjoyment or he has to leave the position right away.

The MAIN OBJECT of the WRIT of Quo-Warranto is to control the executive action in matter of making appointment of public offices against the relevant statutory provision.


The following conditions must be fulfilled:

1. Nature of the office must be public: means the office which is in question must be a public office i.e. an office in interest of public.

2. The office must be of substantive characters: means the office in question must be an independent office with an independent official.

3. The office must be statutory or constitutional: means the writ must be in respect of the offices of prime minister, advocate general, judge of high court, members of municipal body etc.

4. The holder must have asserted his claim to the office or to such authority.

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Child Is Neither Property Of Father Nor That Of Mother

The Supreme Court Has Said, The child is the property of neither the mother nor the father. 

Deciding the custody of two children of parents, one of them a non- resident Indian, a Bench of Justices MARKANDEY KATJU and C.K PRASAD said:

" Cases of child custody are not decided on such considerations[ whether the child is the property of the father or the mother] , but on the consideration of what is in the paramount interest of the welfare of the Child.

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Horoscope Entry As Birth Date Doomed To Be Rejected

The Supreme Court held- in Proving the correctness of one's date of birth, horoscope entries are a weak piece of evidence.

In most of the cases the maker of the horoscope may not be available to prove that it was prepared immediately after the birth of the person concerned and therefore a heavy onus lies on the person who wants to prove its authenticity- said by bench of justices - Mukundakam Sharma and Anil R Dave.

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Hon'ble SHRI BINDUMADHAV JOSHI

Hon'ble SHRI BINDUMADHAV JOSHI.
(by the hands of whom the consumer protection movement came into picture)

Pioneer of INDIAN CONSUMER MOVEMENT, Freedom Fighter, Ex-minister and Founder of AKHIL BHARTIYA GRAHAK PANCHAYAT.

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CERTIORARI - certification by supreme court

It is a writ available to the parties of the case after then case gets over a particular decision.

OBJECT: to quash the orders given by the trail courts. on the supreme court has this authority .
 TO WHOM: judicial or quasi judicial authorities.

WHEN:
1. someone does a tribunal act without any jurisdiction.
2. Principle of nature of justice is not followed
3. any biased decision has been made.
4. decision is obtained by fraud or corruption.
5. error of law.

when any case which has already been decided only then certiorari is issued. in this the supreme court certifies the decision given by lower court on the matter. Supreme can send the orders to any judge to collect all the documents of the case and that has to be deposited before the supreme court to take a following decision.
Supreme court can order for a QUASH-cancel of the orders or decision made by the courts which would nullify the effect of the decision earlier made, and hence be held as NULL AND VOID.

THIS IS NOT AN APPEAL TO SUPREME COURT. IT IS A WRIT where all the procedure of case will be done again without any bias.

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PROHIBITION

MEANING: when something is prohibited.

PURPOSE:  Any order to stay a juridical procedure. when any court proceeding is prohibited.

WHEN: 1.There is excess of jurisdiction

             2. No jurisdiction.

PROHIBITION applies when the case is filed in the court but no final decision is out yet.in other words, when the duty is pending before court.

APPLICABILITY:

it is applicable on :
1. judicial Authority
2. quasi judicial authority.
3. public servant having duty to act judicially.

NOT APPLICABLE ON ADMINISTRATIVE AUTHORITY.

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