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Judgment Search Results Home > Cases Phrase: strict liability Page 1 of about 47,857 results (0.118 seconds)

Jun 04 2008 (HC)

Khiradabala Nath and ors. Vs. Assam State Electricity Board and ors.

Court : Guwahati

..... constitution, would be possible or subject to what conditions, such exercise of power, under article 226 of the constitution, is possible? what is the rule of 'strict liability'? how does 'strict liability' differ from tortious liability, ordinarily, arising out of neglect, fault or wrongful act all these questions have arisen out of applications, made under article 226, seeking compensation for the death ..... having already considered similar submissions and having taken into account the facts of both the cases, namely, sukamani das and timudu oram (supra), have held that the principle of 'strict liability', which was taken resort to, and applied in, m.p. electricity board (supra), remained undiluted by the supreme court's subsequent decision in timudu oram (supra). in ..... and ors. reported in : [2001]1scr8 , speaking through k.t. thomus, j., that the constitution bench, in m.c. mehta(supra), did not disapprove the rule of ' strict liability'; rather, the learned chief justice further observed, '...we are certainly prepared to receive light from whatever source it comes'. it means, observes the supreme court in kumari (smt.), that the ..... for negligence or fault, the concept comprehends that the foreseeable harm could have been avoided by taking reasonable precautions.23. thus, in a case, where the doctrine of 'strict liability, is not applicable and the defendant shows that all such steps, which could have been taken for avoiding the harm, which a person has suffered, had been taken .....

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Feb 17 1997 (HC)

U.P. State Electricity Board and anr. Vs. District Magistrate and ors.

Court : Allahabad

Reported in : 1998ACJ721; AIR1998All1; (1997)2UPLBEC1344

..... petitioners that it is not a hazardous substance since it has not been included in the notification dated 24-3-1992.44. the principle of strict liability,section 3(2) of the 1991 act places a strict liability (liability without fault) in cases of such accidents due to 'hazardous substances', and it is not necessary for the claimant to plead that the death ..... substances. the word 'insurance' in the title of the act is not to be construed in the narrow sense of insurance by insurance companies; it includes the concept of liability without fault (strict liability). this will be discussed later in this judgment.10. the advent of the industrial revolution, while conferring many benefits on mankind, has also led to certain hazards which ..... have shocked the conscience of people all over the world and have aroused thinkers to the dangers in industrial activities.64. in england, the pearson committee recommended the introduction of strict liability in a number of circumstances (though none of these recommendations have so far been implemented, with the exception of that related to defective products).65. in india the landmark ..... fletcher left the individual injured by the activities of industrial society without adequate protection.63. however, we are now witnessing a swing once again in favour of the principle of strict liability. the bhopal gas tragedy, the chernobyl nuclear disaster, the crude on spilt in 1988 on to the alaska coast line from the oil tanker exon valdez, and other similar .....

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May 05 2008 (SC)

Union of India (Uoi) Vs. Prabhakaran Vijaya Kumar and ors.

Court : Supreme Court of India

Reported in : 2008ACJ1895; 2008(5)ALLMR(SC)917; (2008)3GLR2400(SC); 2008(2)KLT700(SC); 2009(1)MhLj27; (2008)4MLJ323(SC); RLW2009(1)SC236; 2008(9)SCALE182; (2008)9SCC527; 2008AIRSCW4165; 2008ACJ1895; 2008(3)LH(SC)1872; JT2008(4)SC598

..... of the state under our constitution to function as a welfare state, and look after the welfare of all its citizens. 46. in various social welfare statutes the principle of strict liability has been provided to give insurance to people against death and injuries, irrespective of fault.47. thus, section 3 of the workmen's compensation act 1923 provides for compensation ..... people all over the world and have aroused thinkers to the dangers in industrial and other activities, in modern society.38. in england, the pearson committee recommended the introduction of strict liability in a number of circumstances (though none of these recommendations have so far been implemented, with the exception of that related to defective products).39. in india the landmark ..... left the individual injured by the activities of industrial society virtually without adequate protection.37. however, we are now witnessing a swing once again in favour of the principle of strict liability. the bhopal gas tragedy, the chernobyl nuclear disaster, the crude oil spill in 1988 on to the alaska coast line from the oil tanker exxon valdez, and other similar ..... the concepts of social justice and social security, as integral parts of the general theory of the welfare state, were firmly established. 31. as already mentioned above, the rule of strict liability laid down by blackburn j. in rylands v. fletcher (supra) was restricted in appeal by lord cairns to non-natural users, the word 'natural' meaning 'that which exists in .....

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May 04 1994 (SC)

Jay Laxmi Salt Works (P) Ltd. Vs. State of Gujarat

Court : Supreme Court of India

Reported in : 1994ACJ902; (1995)1GLR818; JT1994(3)SC492; (1995)109PLR1; 1994(2)SCALE797; (1994)4SCC1; [1994]3SCR866

..... its citizens for such violations as are actionable and result in damage, loss or injury. what is fundamental is injury and not the manner in which it has been caused. 'strict liability', 'absolute liability', 'fault inability', and neighbour proximity', are all refinements and development of law by english courts for the benefit of society and the common man. once the occasion for loss ..... of the words, 'when' and 'takes place' used in article 36 has to be construed liberally so as not to deprive the person who suffers damages. in wrongs like negligence, strict liability or violation of public duty time begins to run not before the damage takes place. but the computation under the article has to be from malfeasance, misfeasance and non-feasance ..... ac 509. it was held that where public right was interfered which resulted in public nuisance the claim for damages was maintainable. the,english courts have extended the principle of strict liability to varied situations. thus the distinction arising out of damage due to negligence and even without it rather unintentionally and innocently is firmly established branch of law of tort. in ..... judges who constituted the division bench :(1) whether article 36 of the limitation act, 1908, applies to the present case; or article 120 applies?; and(2) whether the rule of strict liability as enunciated in ryland v. fletcher and as modified by the supreme court in state of punjab v. modern cultivators is applicable to the facts of the present case?'both .....

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Apr 24 2003 (HC)

Assn. of Victims of Uphaar Tragedy and ors. Vs. Union of India (Uoi) a ...

Court : Delhi

Reported in : II(2003)ACC114; 2003ACJ1631; 2003IIIAD(Delhi)321; 104(2003)DLT234; 2003(68)DRJ128; 2003RLR333

..... who are responsible for this lack of care and negligence will not be liable to compensate for losses. it, thereforee, appears to us that under the doctrine of strict liability and public law, the liability would be there even if there was no negligence on the part of the respondents. we have already observed above that by this judgment we are not in ..... of the transformer being an hazardous activity carried on by the board at a place which was not meant for the same, for this reason as well the rule of strict liability will apply to the present case. 70. the central forensic science laboratory in its report dated 27th june, 1997 has observed that the constant intense sparking between the detached phase ..... by the high courts for established infringement of the indefeasible right guaranteed under article 21 of the constitution is a remedy available in public law and is based on the strict liability for contravention of the guaranteed basic and indefeasible rights of the citizen. it is submitted that the quantum of damages being exemplary but not compensatory in nature is, thereforee, limited ..... claim in public law for compensation for unconstitutional deprivation of fundamental right to life and liberty, the protection of which is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortious acts of the public servants. public law proceedings serve a different purpose than the private .....

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Oct 23 2009 (HC)

Jaipur Golden Gas Victims Association Vs. Union of India (Uoi) and ors ...

Court : Delhi

Reported in : 164(2009)DLT346

..... in : (1994) 4 scc 1 the supreme court held as under:9. ...what is fundamental is injury and not the manner in which it has been caused. 'strict liability', 'absolute liability', 'fault liability, and neighbour proximity', are all refinements and development of law by english courts for the benefit of society and the common man. once the occasion for loss or damage ..... all over the world and have aroused thinkers to the dangers in industrial and other activities, in modern society.36. in england, the pearson committee recommended the introduction of strict liability in a number of circumstances (though none of these recommendations have so far been implemented, with the exception of that related to defective products).37. in india the landmark ..... and fundamental freedoms, the protection of which is guaranteed in the constitution, is an acknowledged remedy for enforcement and protection of such rights, and such a claim based on strict liability made by resorting to a constitutional remedy provided for the enforcement of a fundamental right is 'distinct from, and in addition to, the remedy in private law for damages ..... criminal trial, is untenable in law as in the present proceedings we are not holding anyone criminally liable. in fact, we are only considering application of the principle of strict liability according to which those engaged in certain activities have to compensate for the damages caused by them irrespective of any fault on their part. consequently, mr. thadani's aforesaid .....

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Oct 28 2005 (HC)

Delhi Jal Board Vs. Raj Kumar and ors.

Court : Delhi

Reported in : IV(2005)ACC746; 2006ACJ1025; AIR2006Delhi75; 125(2005)DLT120; (2006)142PLR33

..... constitution bench decision of the supreme court in m.c. mehta v. union of india, : [1987]1scr819 has gone much further than rylands v. fletcher in imposing strict liability. the court observed 'if the enterprises is permitted to carry on any hazardous or inherently dangerous activity for its profit the law must presume that such permission is conditional on ..... the conscience of people all over the world and have aroused thinkers to the dangers in industrial and other activities.32. in england, the pearson committee recommended the introduction of strict liability in a number of circumstances (though none of these recommendations have so far been implemented, with the exception of that related to defective products).33. in india the landmark ..... left the individual injured by the activities of industrial society virtually without adequate protection.31. however, we are now witnessing a swing once again in favor of the principle of strict liability. the bhopal gas tragedy, the chernobyl nuclear disaster, the crude oil spill in 1988 on to the alaska coast line from the oil tanker exxon valdez, and other similar ..... jones, 4th edn. p. 247). there are many activities which are so hazardous that they may constitute a danger to the person or property of another. the principle of strict liability states that the undertakers of these activities have to compensate for the damage caused by them irrespective of any fault on their part. as fleming says 'permission to conduct such .....

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May 08 1964 (HC)

The State of Maharashtra Vs. Mayer Hans George

Court : Mumbai

Reported in : (1965)67BOMLR583

..... such an interpretation is neither supported by the provisions of the act nor is necessary to implement its object. that apart, by imposing such a strict liability as to catch innocent persons in the net of crime, the act and the notification issued thereunder cannot conceivably enable such a class of persons ..... where it is absolutely clear that the implementation of the object of a statute would otherwise be defeated and its exclusion enables those put under strict liability by their act or omission to assist the promotion of the law. the nature of mens rea that will be implied in a statute ..... not in any way affect the observance of the law, their lordships consider that, even where the statute is dealing with a grave social evil, strict liability is not likely to be intended.dealing with the. facts of the case before it, the privy council proceeded to illustrate the principle thus:but ..... the observance of the regulations. unless this is so, there is no reason in penalising him, and it cannot be inferred that the legislature imposed strict liability merely in order to find a luckless victim.12. as learned counsel has laid great stress on the above passages, it is necessary. to analyse ..... to the argument that where the statute was one for the regulation for the public welfare of a particular activity it had frequently been inferred that strict liability was the object sought to be enforced by the legislature, it was pointed out (p. 174) :.the presumption is that the statute or statutory .....

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May 11 2005 (HC)

Nirmala Nayak and ors. Vs. Chairman-cum-managing Director, Grid Corpor ...

Court : Orissa

Reported in : IV(2005)ACC150; 2007ACJ283; 2005(II)OLR389

..... coming to a clear and cogent conclusion that this writ petition under article 226 of the constitution is maintainable and the opposite parties (corporation) is liable on the principle of strict liability to pay compensation to the petitioners in the present case.16. the petitioners have claimed compensation to the tune of rs. 2 lakhs (rupees two lakhs). the learned counsel for ..... the basis of evidence. but the decisions of the apex court which we have extensively quoted in the preceding paragraphs of the judgment the rule of strict liability has been considered and applied. the rule of strict liability was neither agitated nor considered in the matter of award of compensation to the victims in the case of chairman, grid corporation of orissa ltd. and ..... :'the doctrine of strict liability has its origin in english common law when it was propounded in the celebrated case of rylands v. fletcher (1868 law reports (3) hl 330), blackburn j., the author of ..... could be done for avoiding the harm he cannot be held liable when the action is based on any negligence attributed. but such consideration is not relevant in cases of strict liability where the defendant is held liable irrespective of whether he could have avoided the particular harm by taking precautions.'in paragraph-9 of the said judgment the apex court observed .....

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Apr 02 2007 (HC)

Jagdish and ors. Vs. Naresh Soni and ors.

Court : Madhya Pradesh

Reported in : 2007(3)MPHT234; 2007(2)MPLJ543

..... above thus leaves no iota of doubt that the mpeb, not only on the ground of negligence but on the principle of strict liability is liable to pay compensation to the appellants.13. in the instant case we find from the statement of p.w. 2, p.w. 5, p ..... for avoiding the harm he cannot be held liable when the action is based on any negligence attributed. but such consideration is not relevant in cases of strict liability where the defendant is held liable irrespective of whether he could have avoided the particular harm by taking precautions.12. the conspectus of judgments referred to ..... particularly the mpeb.9. before we dwell upon to answer the aforesaid issue it is necessary to note various judgments of the apex court on the issue of strict liability.10. in the case of charan lal sahu (supra), the apex court was examining the constitutional validity of bhopal gas leak disaster (processing of claims) act ..... by this court in m.c. mehta's case (supra), where a constitution bench of this court had to deal with the rule of strict liability. this court held that the rule in rylands v. fletcher (supra), laid down a principle that if a person who brings on his land ..... decision in charan lal sahu v. union of india : air1990sc1480 . while placing reliance on paragraph 134, it is urged that it is the strict liability of the mpeb to prove that they were not negligent in maintaining the electricity lines/wires and since the mpeb has failed to discharge its .....

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