A variety of people exist in our country. People of different religions, castes, colors, and beliefs. Harmony cannot always be ensured. But society has to work in decorum and someone has to lay down the rules for the society to function in an organized way. These rules and principles are laid down in the constitution.

A constitution is an important document laying down the fundamental principles of a country. The country is governed by these principles. The constitution is regarded as the fundamental law of the country. 

Importance of the constitution 

1. Our constitution contains valuable information regarding the structure, organs, duties, and responsibilities of the government.
2. Our constitution regulates the relationship between the various organs in existence and also tries to ensure a harmonious relationship between the citizens and the government.
3. Also, it contains a system of checks and balances which prevents misuse of power vested in the government.
4. Since a good proportion of the population is minorities, their rights are also protected by the constitution. 
5. It also guarantees certain fundamental rights to the citizens to protect them against any injustice by the government.

Need for laws – Laws are meant for the welfare and security of the people. They serve as a means of bringing about social change and establishing a near to perfect society. In a traditionally unequal society like India, which is plagued by social evils such as dowry and female foeticide, the need for laws becomes even more important.

It is important to look into some early social practices which were overcome by the use and bringing of laws.

1. Dowry-  It is the money or gifts given to the groom and his family by the bride’s family at the time of marriage. Often dowry demands continue long after marriage. The inability to fulfill the same results in physical or mental torture of the bride and some unfortunate and extreme cases leads to death. To bring control over this evil practice, the government passed the Dowry Prohibition Act in 1961. This prohibited giving and taking of dowry. Anyone caught indulging in these practices is liable for both imprisonment and a fine.
2. Female foeticide- One of the fallouts of the dowry system is the practice of female foeticide. Even today daughters are considered a financial burden by many people. Thus, female foeticide is on the rise. This practice has affected India’s sex ratio. To curb this practice, the government passed the Prenatal Diagnostic Techniques (Regulation and Prevention of misuse) Act in 1994. This act strictly prohibits the determination and disclosure of the sex of the fetus.

Many social evils like these exist and the Constitution provides laws for the eradication of the same.

Hence, we must follow these laws to make the country even better.

Source- Wikipedia, Quora

On 31 December 2019 in China and on 27 January 2020 in India, the first case of COVID-19 was reported and we are still fighting against this disease.Later on 24th March 2020, the Indian government ordered the nationwide lockdown for 21 days because of the rapid increase in COVID-19 cases.While, on one hand, we all […]

Covidheros : The heroes who define courage & bravery

PARTICULARS	BILL OF EXCHANGE	CHEQUE
MEANING	A bill of exchange is a negotiable instrument which orders to drawee to pay a fixed amount of money to payee on demand	The Cheque is a document which contains an order to a bank to pay fixed amount of money from the account of the client.
EXISTENCE	A bill of exchange exists in section 5 of the negotiable instruments act, 1881.	A cheque exists in section 6 of the Negotiable Instruments Act, 1881.
GRACE PERIOD	A bill of exchange has three days of grace period.	A cheque has no grace period once it is presented for the payment.
APPORVED	A bill of exchange needs an approval from the drawee for the payment.	A Cheque does not need any approval from the parties before presented for payment
VALIDITY	A bill of exchange has no validity for the payment.	A cheque has a validity of 3 months.
LIABILITY	In the bill of exchange, the parties who do not get notice of dishonour are free from the liability of paying.	Parties remain liable to pay also in case notice of dishonour is not given.
NOTICE OF DISHONOUR	In a bill of exchange, notice of dishonour is mandatory.	In cheque, notice of dishonour is not compulsory.

BILLS OF EXCHANGE VS PROMISSORY NOTE 

PARTICULARS	BILL OF EXCHANGE	PROMISSORY NOTE
MEANING	A bill of exchange contains an order from the creditor to the debtor to pay a specified amount to a person mentioned therein.	A promissory note is an instrument in writing containing an unconditional undertaking, signed by the maker to pay a certain sum of money.
NEGOTIABLE INSTRUMENT ACT	Bill of exchange defined under section 5 of Negotiable Instrument Act.	Promissory Note defined under section 4 of the Negotiable Instrument Act.
PARTIES	There may be three parties I.e., the drawer, the acceptor and the payee.	There are only two parties I.e., Maker and Payee.
DRAWN BY	It is drawn by the creditor	It is drawn by the debtor
LIABILITY	The liability of a drawer of bill of exchange is secondary and conditional.	The liability of the maker of a promissory note is primary and absolute.
ACCEPTANCE	Bill of Exchange requires an acceptance by the drawee.	A Promissory Note does not require any acceptance by the drawee.
COPIES	A single copy is prepared, except in case of foreign bills.	One copy is prepared in all cases.
NOTICE IN CASE OF DISHONOUR	In case of dishonor of bill of exchange either due to non-payment or non-payment or non-acceptance, notice must be given to all person liable to pay.	In case of dishonor of promissory note, notice of dishonor to maker is not necessary.
STAMPS	Stamping is necessary for a bill of exchange except for “bills payable on demand”.	Stamping is necessary for promissory notes without any exceptions.
PAYABLE TO BEARER	A bill of exchange can be so drawn provided it is not payable to bearer on demand.	A promissory note cannot be made payable to a bearer.
PAYABLE TO MAKER	In the case of bill of exchange, the drawer and the payee may be one person.	In a promissory note, the maker cannot pay to himself.

CLASSIFICATION OF NEGOTIABLE INSTRUMENTS 

These classifications depend on various features like transferability, negotiability, rights of holders, etc. 

BEARER INSTRUMENTS : There are two important conditions for negotiable instruments to become payable to bearers. Firstly, parties to the transactions must express it to be so payable. Secondly, the only endorsement for it should be an endorsement in blank. These two requirements imply that any holder of such instruments can obtain payment for them. For example, a bill of exchange is payable to any person who holds it. These bearer instruments include cheques, bills of exchange and promissory notes. 

ORDER INSTRUMENTS 

 Negotiable instruments can often be payable to order in certain cases. They are payable when the instruments expressly state them to be so. Furthermore, they may be payable to order only to a specific person. The only requirement is that there should be no prohibition on their transferability. 

INLAND INSTRUMENTS 

Section 11 of the NI Act deals with inland instruments. This provision regulates instruments that are drawn and made payable in India. Alternatively, they may be payable outside India but only if they are drawn upon by an Indian resident. 

FOREIGN INSTRUMENTS 

Every instrument that is not inland automatically becomes a foreign instrument. These instruments are drawn in a foreign country but may be payable within or outside India. They may even originate in India but only for payment to a person who resides abroad. 

DEMAND INSTRUMENTS 

Sometimes, an instrument may not specify a time during which it remains payable. Such instruments are payable whenever the bearer demands. Examples of such instruments include promissory notes and bills of exchange. 

TIME INSTRUMENTS 

Unlike demand instruments, time instruments carry a fixed future date for payment. For example, a promissory note may carry a maturity date arising after 24 months (about 2 years) of its issue. Such instruments may even become payable upon the happening of a specific future event. 

AMBIGUOUS INSTRUMENTS 

An ambiguous instrument is 0ne that may be either a bill or a note for its holder. Such situations arise in peculiar circumstances only. For example, sometimes the drawee may be a fictitious person, or he may be incompetent to contract. Under such circumstances, the holder of such instruments may treat them either as bills of exchange or as promissory notes. Section 17 of the Negotiable Instruments Act deals with such situations. 

INCOMPLETE INSTRUMENTS 

Incomplete instruments lack certain essential requirements of typical negotiable instruments. In such cases, the holder of the instrument has the authority to complete it up to the amount mentioned therein. This, in turn, results in the creation of legally binding negotiable instrument payable by law. Not only the first holder but also any subsequent holder who procures such instruments can complete them. 

Plastic roads also offer several benefits. These roads have better durability compared to traditional asphalt concrete roads, they can withstand water better, have smoother surfaces, develop lesser cracks and potholes which means lesser maintenance costs. The environmental benefits are an add-on to this.

To construct a single lane road stretch of 1 kilometer, 10 tonnes of bitumen is used. In a plastic road, this composition can be altered to 9 tonnes of bitumen and 1 tonne of plastic. So, on an average, 1 tonne plastic consisting of more than 10 lakh (1 million) waste plastic bags can be consumed in a single kilometre. Considering that the world has millions of kilometres of roads, imagine the amount of plastic waste that can be re-used or recycled for surfacing or building new roads.

Road construction provides a solution to the problem of plastic waste. Of the 8.3 billion tonnes of plastic produced over the last 70 years, less than 10% has been recycled. That proportion can go up dramatically, with the use of discarded and waste plastic in road construction. India generates about 15,000 tonnes of plastic waste every day, only 7,000-9,000 tonnes is recycled. To increase the recycling rates, in 2015, the central government made the use of plastic waste in road construction mandatory — shredded waste plastic is mixed with bitumen at high temperatures. Not all plastic can be used, the guidelines list plastic film (carry bags, cups), hard foam, soft foam and laminated plastics (packaging for biscuits, chocolates and chips). Several Indian cities such as Pune, Indore, Surat, Chennai — are already constructing roads using the plastic-bitumen mix. These roads are longer lasting, and do not develop cracks and potholes, which account for one-tenth of the road deaths in the country. Depending on the quality of tar, plastic waste can replace 10-30% of conventional material.

 The issues highlighted above throw light on the urgent needs for re-examining and formulating new guidelines/specification with regard to design and construction of concrete roads in India. The issues raised become more pertinent in the context of the large scale construction of cement concrete roads at the anvil. Feedback from the various construction agencies and from research and development fraternity can lead to meaningful contribution in solving many issues at stake in the field of design and construction of concrete roads in India. The polymer coated aggregate bitumen mix forms better material for flexible pavement construction as the mix shows higher Marshall Stability value and suitable Marshall Coefficient. Hence the use of waste plastics for flexible pavement is one of the best methods for easy disposal of waste plastics.Plastic roads would be a boon for india’s hot and extremely humid climate where durable and eco-friendly roads which will relieve the earth from plastic waste. As the population increases, the solid waste also increases proportionally. The best alternative is the usage of waste as construction material assuring a good disposal. As this method is economic the practice would be on satisfactory extent aiding the future generations for a good solid waste management

Studies show plastic waste can last three times more than usual materials used for roads today. They produce lower transportation and labor  costs. Moreover, they reduce flooding and incidences of potholes.

 ADVANTAGES OF PLASTIC ROADS :

• A light weight pre fabricated construction
• Faster construction and less maintenance  time
• Higher quality and loger life span
• Little to no maintenance required .The material is virtually impervious to conditions such as the weather and weeds
• The innovation is considerably  more sustainable
• The goal is to make plastic road out of 100%  recycled plastic and to make it fully reusable . It is perfectly in line with the cradle to cradle philosophy and the principles of the circular economy
• Double use of space . The hollow space in the design can be used to store water or as a space for cables and pipes
• The possibility of constant safety and water drainage
• Everything on and around  the road can be prefabricated
• The concept offers opportunities for further innovation .Examples include solar heated roads, light poles,  traffic loop sensors
• Contibution to the social problem of plastic waste

Oligopoly is a market situation in which there are a few firms selling homogeneous or differenti­ated products. It is difficult to pinpoint the number of firms in ‘competition among the few.’ With only a few firms in the market, the action of one firm is likely to affect the others. An oligopoly industry produces either a homogeneous product or heterogeneous products.

The former is called pure or per­fect oligopoly and the latter is called imperfect or differentiated oligopoly. Pure oligopoly is found primarily among producers of such industrial products as aluminium, cement, copper, steel, zinc, etc. Imperfect oligopoly is found among producers of such consumer goods as automobiles, cigarettes, soaps and detergents, TVs, rubber tyres, refrigerators, typewriters, etc.

CHARACTERISTICS OF OLIGOPOLY

• Interdependence

There is recognised interdependence among the sellers in the oligopolistic market. Each oligopolist firm knows that changes in its price, advertising, product characteristics, etc. may lead to counter-moves by rivals. When the sellers are a few, each produces a considerable fraction of the total output of the industry and can have a noticeable effect on market conditions.He can reduce or increase the price for the whole oligopolist market by selling more quantity or less and affect the profits of the other sellers. It implies that each seller is aware of the price-moves of the other sellers and their impact on his profit and of the influence of his price-move on the actions of rivals.

Thus there is complete interdependence among the sellers with regard to their price-output policies. Each seller has direct and ascertainable influences upon every other seller in the industry. Thus, every move by one seller leads to counter-moves by the others.

• Advertisement

The main reason for this mutual interdependence in decision making is that one producer’s fortunes are dependent on the policies and fortunes of the other producers in the indus­try. It is for this reason that oligopolist firms spend much on advertisement and customer services.As pointed out by Prof. Baumol, “Under oligopoly advertising can become a life-and-death matter.” For example, if all oligopolists continue to spend a lot on advertising their products and one seller does not match up with them he will find his customers gradually going in for his rival’s product. If, on the other hand, one oligopolist advertises his product, others have to follow him to keep up their sales.

• Competition

This leads to another feature of the oligopolistic market, the presence of com­petition. Since under oligopoly, there are a few sellers, a move by one seller immediately affects the rivals. So each seller is always on the alert and keeps a close watch over the moves of its rivals in order to have a counter-move. This is true competition.

• Barriers to Entry of Firms

As there is keen competition in an oligopolistic industry, there are no barriers to entry into or exit from it. However, in the long run, there are some types of barriers to entry which tend to restraint new firms from entering the industry.

They may be:

(a) Economies of scale enjoyed by a few large firms

 (b) control over essential and specialised inputs

(c) high capital requirements due to plant costs, advertising costs, etc.

 (d) exclusive patents and licenses; and

(e) the existence of unused capacity which makes the industry unattractive. When entry is restricted or blocked by such natural and artificial barriers, the oligopolistic industry can earn long-run super normal profits.

• Lack of Uniformity

Another feature of oligopoly market is the lack of uniformity in the size of firms. Finns differ considerably in size. Some may be small, others very large. Such a situation is asymmetrical. This is very common in the American economy. A symmetrical situation with firms of a uniform size is rare.

• Demand Curve

It is not easy to trace the demand curve for the product of an oligopolist. Since under oligopoly the exact behaviour pattern of a producer cannot be ascertained with certainty, his demand curve cannot be drawn accurately, and with definiteness. How does an individual seller s de­mand curve look like in oligopoly is most uncertain because a seller’s price or output moves lead to unpredictable reactions on price-output policies of his rivals, which may have further repercussions on his price and output.The chain of action reaction as a result of an initial change in price or output, is all a guess-work. Thus a complex system of crossed conjectures emerges as a result of the interdependence­ among the rival oligopolists which is the main cause of the indeterminateness of the demand curve.

• No Unique Pattern of Pricing Behaviour

The rivalry arising from interdependence among the oligopolists leads to two conflicting motives. Each wants to remain independent and to get the maximum possible profit. Towards this end, they act and react on the price-output movements of one another in a continuous element of uncertainty.On the other hand, again motivated by profit maximisation each seller wishes to cooperate with his rivals to reduce or eliminate the element of uncertainty. All rivals enter into a tacit or formal agreement with regard to price-output changes. It leads to a sort of monopoly within oligopoly.They may even recognise one seller as a leader at whose initiative all the other sellers raise or lower the price. In this case, the individual seller’s demand curve is a part of the industry demand curve, having the elasticity of the latter. Given these conflicting attitudes, it is not possible to predict any unique pattern of pricing behaviour in oligopoly markets.

Monopoly is a market situation in which there is only one seller of a product with barriers to entry of others. The product has no close substitutes. The cross elasticity of demand with every other product is very low. This means that no other firms produce a similar product. According to D. Salvatore, “Monopoly is the form of market organisation in which there is a single firm selling a commodity for which there are no close substitutes.” Thus the monopoly firm is itself an industry and the monopolist faces the industry demand curve.

The demand curve for his product is, therefore, relatively stable and slopes downward to the right, given the tastes, and incomes of his customers. It means that more of the product can be sold at a lower price than at a higher price. He is a price-maker who can set the price to his maximum advantage.

However, it does not mean that he can set both price and output. He can do either of the two things. His price is determined by his demand curve, once he selects his output level. Or, once he sets the price for his product, his output is determined by what consumers will take at that price. In any situation, the ultimate aim of the monopolist is to have maximum profits.

CHARACTERISTICS OF MONOPOLY

The main features of monopoly are as follows:

1. Under monopoly, there is one producer or seller of a particular product and there is no differ­ence between a firm and an industry. Under monopoly a firm itself is an industry.

2. A monopoly may be individual proprietorship or partnership or joint stock company or a co­operative society or a government company.

3. A monopolist has full control on the supply of a product. Hence, the elasticity of demand for a monopolist’s product is zero.

4. There is no close substitute of a monopolist’s product in the market. Hence, under monopoly, the cross elasticity of demand for a monopoly product with some other good is very low.

5. There are restrictions on the entry of other firms in the area of monopoly product.

6. A monopolist can influence the price of a product. He is a price-maker, not a price-taker.

7. Pure monopoly is not found in the real world.

8. Monopolist cannot determine both the price and quantity of a product simultaneously.

9. Monopolist’s demand curve slopes downwards to the right. That is why, a monopolist can increase his sales only by decreasing the price of his product and thereby maximise his profit. The marginal revenue curve of a monopolist is below the average revenue curve and it falls faster than the average revenue curve. This is because a monopolist has to cut down the price of his product to sell an additional unit.

The above two conditions between themselves make the average revenue curve of the individual seller or firm perfectly elastic, horizontal to the X-axis. It means that a firm can sell more or less at the ruling market price but cannot influence the price as the product is homogeneous and the number of sellers very large.

•Disinvestment of a percentage of shares owned by the Government in public enterprises emerged as a policy option in the wake of economic liberalization, globalization, and structural reforms launched in 1991. •Initially, it was not conceived as the privatization of existing public enterprises but as limited sales of equity/shares with the objective of raising some resources to reduce the budgetary deficit and ensuring market discipline to boost the performance of public enterprises. •Disinvestment is defined as the action of a government aimed at selling or liquidating its shareholding in a public sector enterprise in order to get the government out of the business of production and increase its presence and performance in the provision of public goods and basic public services such as infrastructure, education, health, etc. •Funds from disinvestment would also help in reducing public debt and bring down the debt-to-GDP ratio while competitive public undertakings would be enabled to function effectively.

METHODS OF DISINVESTMENT

STRATEGIC SALE

 In a strategic sale, management control is transferred to strategic partner and company no longer remains a Government company. In case of PSUs, the transfer of shares involves bringing down Government share holding below 51%. In strategic sale, a sale agreement is signed and Government ensures that the agreement signed with strategic partner properly safeguards the interests of Company, of Government and of Employees. Strategic sale is suitable for non-strategic companies or where Government want to transfer management control to buyer. The successful examples of strategic sale are MFIL, BALCO, CMC, HTL. VSNL, IBP, HZL, PPL, IPCL, etc. One of the significant advantages of strategic sale is the chances of getting maximum price because of transfer of management control. But the process is quite time consuming and has issues relating to management, land & labour to be reserved. In non-strategic companies Government has given more emphasis on strategic sale.

CAPITAL MARKET

Offer for Sale to Public at Fixed Price: Under this method, an issue of equity shares is made which are held by GOI to public at a pre determined price. Interested party gets the offer of sale. This method is suitable for profit making companies. This is a quite quick and transparent method. Example is offer of 1 million share of VSNL @ Rs.750 per share. •Offer for sale to Public through Book Buildings: Under this method, equity shares of companies under disinvestment are issued to public at large but price is discovered through bidding by interested investors. Bidder making highest bid gets the companies. Precedents of this method are Hughes software Ltd., HCC Technologies Ltd. and Bharati Televentures in private sector. Other methodologies under capital market are secondary market operation, international offering, private placement of equity and auction etc.

WAREHOUSING

The target investor set is institutions under this method. This method is regulated by RBI restrictions on Bank Investments. Under this method, GOI sells shares at a discount to market price. As such no warehouser is interested to invested. There are no examples of this method being implemented in PSUs till now.

REDUCTION IN EQUITY

This method is regulated by Companies Act, SEBI Buyback regulations. •Under this method, company buy its shares back from other shareholders and cancel them. There are two ways further in this method: · Buy-back can be made through tender route with a fixed price. •It can be made through book building where price is determined through bidding by interested investors.

CONCLUSION

The present disinvestment policy in India has gone under many phases and now the Government has decided the path of strategic sale to be adopted for disinvestment in Public Sector Units (Non Strategic). The Disinvestment process works on three-tier mechanism consisting of CCD, CGD and IMG. Disinvestment Commission to make the process transparent, free from bias gave valuable recommendations regarding valuation of PSUs under disinvestment. Recommendation to standardize the methodologies has also given to facilitate the accurate valuation of a PSU. The financer observed that the Disinvestment and Privatization are useful economic tools. He said „We will selectively employ these tools, consistent with the declared policy‟. The Government has now decided not to privatize profit making PSEs and focus is now on to disinvest non-strategic (not financially sound) companies through strategic sale.

ABSOLUTE LIABILITY

INTRODUCTION TO ABSOLUTE LIABILITY

The concept of absolute liability evolved in India after the case of M.C Mehta vs Union of India[1] famously known as “Oleum Gas Leak case”. This is one of the historic cases in the Indian Judiciary. The Supreme Court, while deciding the

Oleum gas leak case of Delhi in 1986, found strict liability woefully inadequate to protect citizens’ rights in an industrialised economy like India and replaced it with ‘the absolute liability principle’

The case of M.C Mehta is based on the principle of strict liability but with no exception were given and the individual is made absolutely liable for his acts.  It is based under this principle that the defendant won’t be allowed to plead defence if he/she was at fault as it was laid down in Ryland vs Fletcher case. After the Bhopal gas leak case many people lost their lives and are suffering from some of the fatal diseases through the generation and because of this there was an urgent need to develop a rule under strict liability which had no exceptions available to the defendant to escape from the liability.

The rule laid down by the Honourable Supreme Court of India is much wider with respect to the rules laid down the House of Lords in the case of Ryland vs Fletcher. Absolute liability does not require the cause of incident or the ‘consent’ of the facility’s operators to be known to make any enterprise liable. The liability is triggered by the mere escape of hazardous substances, irrespective of the cause. It was propounded by the Supreme Court that where an enterprise is engaged in a hazardous or inherently dangerous activity and if any harm results to anybody on account of the accident in operation,  the enterprise would be held strictly and absolutely liable to compensate to all those who are affected by the accident.

Under the absolute liability principle, the apex court held that a company in a hazardous industry cannot claim any exemption.

1. It has to mandatorily pay compensation, whether or not the disaster was caused by its negligence. The court said a hazardous enterprise has an “absolute non-delegable duty to the community”.
2. The principle of absolute liability is part of Article 21 (right to life). 

No Need to Show Negligence

For them to be held responsible, there is no need to show they were negligent, or did something which caused the leak – the very fact that it happened from their plant is enough.

There are no exceptions or defences whatsoever to this ‘absolute liability’, which is what makes it makes it stronger than the legal standard that is generally followed in other countries

Scope of New Rule of Absolute Liability

– The Scope of new rule is very wider in all terms than old rule.

-Do not have any exception

-Very wide scope.

-Cover not only public negligence or fault but cover even personal injuries caused due to the negligence of neighbour.

 -Now cover not only the occupier of land but also non occupier of the land.

ABSOLUTE LIABILITY :

A JOURNEY FROM STRICT LIABILITY 

a) Doctrine of Strict Liability

In  the curious case of strict liability, the aforementioned concept of ‘fault’ is absent, along with intention and motive. This is because there are many activities which are so dangerous that they constitute risks to persons and property, and responsibility must be borne by some person in case of any harm. The law allows the potentially harmful activities to be carried on for the sake of social utility, but only in accordance with safety measures and the doctrine of strict liability – called so because the liability arises even without any negligence on the part of the defendant.

The doctrine of “strict liability” evolved in  Fletcher v. Rylands[1]. In this case, Rylands hired contractors to build a reservoir on his land. While building it, the contractors discovered some flaws and left them unfixed. After some time, Rylands’s reservoir burst and flooded Fletcher’s adjoining mine causing £937 worth of damage.  Blackburn, J. opined that any person who for his own purposes brings on his land and collects and keeps there anything likely to do mischief, if it escapes must keep it 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[2].

The Rule in Rylands v. Fletcher^[1] :

The rule in this case rests on the idea of foreseeability­ of damage; the person who is the source of damage is penalized for failing to avert the reasonably foreseeable damage.

Facts: Rylands and Fletcher were neighbours. Fletcher owned a mill, for the energy purposes of which he hired independent contractors and engineers to construct a water reservoir on his land. It so happened that there were old unused shafts under the site of the reservoir which the engineers failed to notice and block. Due to the negligence of the contractors, when water filled Fletcher’s reservoir, the water entered Rylands’ coal mine and caused huge loss, for that is where the shafts led. Subsequently, Ryland filed a suit against Fletcher. The defendant claimed that it was the fault of the contractors’, and the cause of damage was unknown to him.

Issues: The issue was very concise – Can the defendant be held liable, even if it was the act of someone else due to which an entity on his land escaped? It was notable because there was no negligence or intention on part of the defendant.

Judgment: The House of Lords rejected the plea of the defendant and held him liable for all the damages to Rylands’ mine. According to the rule set by this case, if a person brings on his land and keeps there any dangerous thing, a thing which is likely to do mischief if it escapes, he will be prima facie answerable to the damage caused by its escape even though he had not been negligent in keeping it there. Despite there being no fault or negligence on the part of the defendant, he was held liable because he kept some dangerous thing on his land and the said dangerous thing has escaped from his land and caused damage.      

Essentials of Strict Liability

Certain qualifications were given to decide whether a liability is strict liability or not. Only after these essential qualifications are satisfied, can a liability can be termed as strict liability. These essentials, which are elucidated upon further on, are:

• Some dangerous thing must have been brought by a person on his land.
• The thing thus brought or kept by a person on his land must escape.
• It must be non-natural use of land.

1.Dangerous thing

This simply means that the defendant will be liable when the thing that escaped from his premises was a dangerous thing. The word ‘dangerous’ here implies that it is likely to do any sort of mischief if it escapes from the land. The collected water in Fletcher’s reservoir was the dangerous thing in the above mentioned case.

2. Escape

It is also essential that the thing causing harm must escape from the premises of the defendant, and it should not be within the reach of the defendant once it escapes.

3. Non-Natural Use Of Land

For the use to be non-natural, it must be some special use that brings with it increased danger to others. It must not be the ordinary use of land or use as is proper for the general benefit of community.

The Exceptions

There are certain exceptions to this rule, which are:

1. Default of the Claimant

If the damage is caused solely by the act or default of the claimant himself, there is no remedy for him.

2 . Consent of the claimant

Where the claimant has expressly or implicitly consented to the presence of the source of danger and there has been no negligence on the part of the defendant, the defendant is not liable.

3 . Act of God

An event which directly and exclusively results from natural causes that could not have been prevented by the exercise of foresight or by the exercise of caution may be called an Act of God. Say, if the escape was unforeseen and without any human intervention, caused by some super natural force, then the defendant will not be liable.

4 . Statutory Authority

An act done under the authority of a statute exempts the defendant from tortious liability. However, the defence cannot be pleaded if the if there is any kind of negligence on the part of the defendant.

5 . Act of Third Party

The rule of strict liability doesn’t apply when the damages are caused due to the act of a stranger, i.e. a person who is not the servant nor is under the control of the defendant. However, due care must be taken by the defendant to avoid the damages if the act of the stranger can be foreseen by the defendant.

b) Doctrine of Absolute Liability

The principle of “absolute liability” was first ever applied by the Supreme Court of India in M.C. Mehta v. Union of India [3](popularly known as Oleum gas leak case). In this case, oleum gas leaked from a fertilizer plant of Shriram Foods and Fertilizers, Delhi and caused damage to several people. A pending public interest litigation (PIL) by M.C. Mehta provided the opportunity to the Court to pass a series of orders dealing with the after-effects of gas leak. In this case, the Court disapproved the application of the principle of strict liability. The Supreme Court opined that:

“an enterprise which is engaged in a hazardous or inherently dangerous industry which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding areas owes an absolute and non-delegable duty to the community to ensure that no harm results to anyone on account of hazardous or inherently dangerous nature of the activity which it has undertaken. 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 and if any harm results on account of such activity, the enterprise must be absolutely liable to compensate for such harm and it should be no answer to the enterprise to say that it had taken all reasonable care and that the harm occurred without any negligence on its part.” 

 Love. Simple, everyone knows what love is even a five year could tell what’s love is. But do we really know the authenticity of love? The true meaning of love? 

Majority of people accepts or count love only between two individuals who are of opposite sex not the same sex which ain’t the matter at time of growing digital world. Love also counts between families which is whole pole apart from the same gender attractions part but still. 

Love for some people is a transaction which they can turn or and off which they says and believe. For some love is Thier true motto to achieve in their life. A happy ending with their partner. 

Humans not only fell love but the other living beings such as mammals and even tinnest creatures breathing on this planet knows and crave for love. 

Love has devine actions leading, Love for some is a hope for their better future. A ray of light which will aid to bring them out of their miserable life that they live. Love for some become obsession which they craves to control and need to tamed in leading to drastic ends of live. 

Love is a beautiful feeling far far toxic than it seems for some people. It’s in our hand to which means we are going to hold the love in our live. To a heavenly end or in hellhound.