Question
Download Solution PDFThe concept of Absolute Liability has been explained by the Supreme Court of India in the case of __________.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is 'M. C. Mehta v. Union of India'
Key Points
- Absolute Liability:
- The principle of Absolute Liability is a legal doctrine developed by the Indian judiciary to address situations involving hazardous activities that result in harm or injury.
- Unlike the rule of Strict Liability (which permits certain exceptions), Absolute Liability imposes complete accountability on enterprises engaged in dangerous activities, regardless of any exceptions or defenses.
- This principle was established by the Supreme Court of India in the landmark case of M. C. Mehta v. Union of India, which arose out of the Oleum gas leak incident in 1985.
- M. C. Mehta v. Union of India:
- In this case, the Supreme Court introduced the concept of Absolute Liability, stating that industries engaged in inherently dangerous activities must be held strictly liable for any damage caused.
- The judgment emphasized that no exceptions such as "act of God" or "third-party fault" can absolve such enterprises from liability.
- This principle aims to ensure environmental safety, protect public health, and hold industries accountable for their hazardous activities.
Additional Information
- Incorrect Options:
- Rylands v. Fletcher: This case from English law established the rule of Strict Liability, which allows exceptions like "act of God" or "fault of the plaintiff." Absolute Liability, as developed in India, differs as it does not permit any exceptions.
- Narmada Bachao Andolan v. Union of India and others: This case deals with issues surrounding the construction of dams and displacement of people, focusing on public interest litigation rather than Absolute Liability.
- A.P. Pollution Control Board v. Prof. M. V. Nayudu: This case emphasizes environmental protection and sustainable development but does not specifically establish the principle of Absolute Liability.
Last updated on Jun 19, 2025
-> The UP Police Sub Inspector 2025 Notification will be released by the end of June 2025 for 4543 vacancies.
-> A total of 35 Lakh applications are expected this year for the UP Police vacancies..
-> The recruitment is also ongoing for 268 vacancies of Sub Inspector (Confidential) under the 2023-24 cycle.
-> The pay Scale for the post ranges from Pay Band 9300 - 34800.
-> Graduates between 21 to 28 years of age are eligible for this post. The selection process includes a written exam, document verification & Physical Standards Test, and computer typing test & stenography test.
-> Assam Police Constable Admit Card 2025 has been released.