Comprehension
As new situations arise; the law has to be evolved in order to meet the challenge of such new situations. Law cannot afford to remain static. It should keep pace with changing socio-economic norms. We have to evolve new principles and lay down new norms which would adequately deal with the new problems which arise in a highly industrialized economy. We cannot allow our judicial thinking to be constricted by reference to the law as it prevails in England or for that matter in any other foreign country. We no longer need the crutches of a foreign legal order. We are certainly prepared to receive light from whatever source it comes but we have to build up our own jurisprudence and we cannot countenance an argument that merely because the new law does not recognize the rule of strict and absolute liability, we cannot have it too. Court should not feel inhibited by this rule merely because the new law does not recognise the rule of strict and absolute liability. The enterprise must be held to be under an obligation to provide that the hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards of safety. The court discussed the scope of the Epistolary jurisdiction and reiterated that procedure being merely a handmaid of justice should not stand in the way to access to justice.
(Extracted with edits from M.C. Mehta v. Union of India (1987) 1 SCC 395)
(Extracted with edits from M.C. Mehta v. Union of India (1987) 1 SCC 395)
Question: 1
In which of the following cases, the term “Epistolary Jurisdiction” was first used in India?
In which of the following cases, the term “Epistolary Jurisdiction” was first used in India?
Updated On: Dec 3, 2024
- Fertilizer Corporation Kamgar Union v. Union of India, 1981 SC
- Mumbai Kamgar Sabha v. Abdul Bhai, 1976 SC
- ADM Jabalpur v. ShivKant Shukla, 1976 SC
- Amba Devi v. Union of India, 1984 SC
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The Correct Option is A
Solution and Explanation
The term ”Epistolary Jurisdiction” was first used in the case of Fertilizer Corporation Kamgar Union v. Union of India, 1981 SC. In this case, the Supreme Court of India recognized that the judiciary has the power to take suo-motu cognizance of cases where justice needs to be delivered, even in the absence of a formal petition, in order to address urgent matters of public concern.
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Question: 2
Which of the following offences under the Indian Penal Code (IPC) has a strict liability connotation?
Which of the following offences under the Indian Penal Code (IPC) has a strict liability connotation?
Updated On: Dec 3, 2024
- Theft under Section 378 IPC
- Defamation under Section 499 IPC
- Bigamy under Section 494 IPC
- Selling adulterated food or drink under Section 272 IPC
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The Correct Option is D
Solution and Explanation
Section 272 of the Indian Penal Code deals with the offence of selling adulterated food or drink, which is a strict liability offence. In such cases, the seller is liable regardless of whether they had knowledge of the adulteration or not. Strict liability does not require proof of mens rea (guilty mind).
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Question: 3
“The Rule of Law is that the person who, for his own purpose, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape”.
Above rule has been evolved by the:
“The Rule of Law is that the person who, for his own purpose, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape”.
Above rule has been evolved by the:
Above rule has been evolved by the:
Updated On: Dec 3, 2024
- Lord Burrough
- Justice Blackburn
- Lord Baron Diplock
- None of the above
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The Correct Option is B
Solution and Explanation
The rule described in the question is known as the Rule in Rylands v. Fletcher. The principle, that a person who brings dangerous or hazardous substances onto their land and allows it to escape is responsible for any resulting damage, was first formulated by Justice Blackburn in the case of Rylands v. Fletcher, 1868.
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Question: 4
The rule of Rylands v. Fletcher is not applicable:
The rule of Rylands v. Fletcher is not applicable:
Updated On: Dec 3, 2024
- When the escape is due to vis major or act of God
- When the damage is due to the wrongful or malicious act of a stranger
- When the escape is due to the plaintiff’s own fault
- All of the above
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The Correct Option is D
Solution and Explanation
The rule in Rylands v. Fletcher does not apply when the escape of dangerous substances is caused by an act of God (vis major), the wrongful or malicious act of a stranger, or the plaintiff’s own fault. These are exceptions to the strict liability rule under this doctrine.
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Question: 5
In India the ‘Absolute Liability’ theory on the basis of injuries caused by the hazardous industries was propounded by:
In India the ‘Absolute Liability’ theory on the basis of injuries caused by the hazardous industries was propounded by:
Updated On: Dec 3, 2024
- V.R. Krishna Iyer, J.
- P.N. Bhagwati, C.J.
- Kuldip Singh, J.
- M.N. Venkatachaliah, C.J.
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The Correct Option is B
Solution and Explanation
The theory of ’Absolute Liability’ was propounded by Chief Justice P.N. Bhagwati in the landmark case of M.C. Mehta v. Union of India, 1987. This doctrine holds that industries engaged in hazardous activities are absolutely liable to compensate for any harm caused, irrespective of fault or negligence.
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