Study on law hills

1. United India Insurance Co. Ltd. vs. Gian Chand and Others (1997) Citation: (1997) 7 SCC 558 Court: Supreme Court of India Bench: Justice S. Saghir Ahmad and Justice K.T. Thomas Provision Involved: Section 147 of the Motor Vehicles Act, 1988 (Requirements of policies and limits of liability) Section 149(2) of the Motor Vehicles Act, 1988 (Defences available to insurer) Section 96 of the Motor Vehicles Act, 1939 (Corresponding provision under the earlier law) Facts: A truck met with an accident causing the death of Gian Chand. Legal heirs of the deceased filed a compensation claim. The vehicle was insured with United India Insurance Co. Ltd. on the date of accident, but the premium for renewal was deposited after the accident occurred. The insurance company denied liability stating that the policy was not in force at the time of the accident due to non-payment of premium. Arguments: Appellant (Insurance Company): Argued that since the premium was depo...

  Environmental Policies in India: Landmark Case Laws and Judicial Activism (Part III)  Author: Chandan Sha Introduction While laws and policies form the foundation of environmental governance, the Indian Judiciary has played a major role in filling the gaps where legislation was silent or enforcement was weak. Through Public Interest Litigations (PILs) and progressive interpretations of constitutional provisions, Indian courts have shaped the course of environmental protection in the country. In this final part of the series, we highlight key case laws that transformed India’s environmental policies and ensured accountability.  Role of the Judiciary in Environmental Protection Indian courts have relied heavily on: Article 21 (Right to Life) Article 48-A (Protection of Environment – DPSP) Article 51-A(g) (Fundamental Duty to protect environment) Environmental issues have been treated as part of the Right to Life , expanding the meaning of a dignified life...

Understanding Environmental Policies in India: From the Past to the Present Author: Chandan Sha Introduction Environmental policies are the backbone of any country's effort to protect nature and promote sustainability. These rules and guidelines aim to balance the need for development with the responsibility of preserving our natural environment. In this blog, we’ll explore how India’s environmental policies have evolved—before and after the historic 1972 Stockholm Conference—and how they continue to shape the nation’s green future. What Are Environmental Policies? Environmental policies are government rules and strategies aimed at keeping our air, water, and land clean. They also promote the use of renewable energy, manage waste, protect wildlife, and reduce pollution. These policies help countries grow economically without harming the environment too much.  How Do Environmental Policies Work? Environmental policies function through clear rules for individuals and industrie...

 The Environment (Protection) Act, 1986 – Preamble, Objectives, Definitions, Powers of Central Government, and Measures for Prevention and Control of Pollution  Introduction Environmental protection became a serious concern in India after the tragic Bhopal Gas Tragedy in 1984, which claimed thousands of lives due to the leakage of toxic gas from a pesticide plant. To address such environmental risks, the Government of India enacted The Environment (Protection) Act, 1986 (EPA) as an umbrella legislation for safeguarding the environment. Preamble of the Act The Preamble of the Environment (Protection) Act, 1986 declares: “An Act to provide for the protection and improvement of environment and for matters connected therewith.” This shows that the main focus of the Act is not just preventing environmental harm but also actively improving the quality of the environment. Objectives of the Act The key objectives of the Environment Protection Act are: To implement deci...

Public Trust Doctrine: Protecting Natural Resources for All Author: Chandan Sha  Introduction The Public Trust Doctrine is a legal principle that says certain natural resources like air, water, forests, and seas are so important to all of us that the government must protect them for the benefit of the public. These resources are not owned by anyone privately but are held by the State in trust for future generations . This principle ensures that natural resources are not over-exploited or sold off for private profits at the cost of public interest. Origin of the Doctrine The doctrine started in Roman law , where it was said that things like air, sea, and running water are common to all mankind. It was further developed in English common law and adopted in many countries, including India. In India, the doctrine became a part of environmental jurisprudence through a landmark judgment by the Supreme Court in the 1990s. Article 48A added to Constitution of India through ...

Prevention and Control of Water Pollution in India Author- chandan sha  Introduction Water pollution is a serious environmental issue in India, affecting health, ecosystems, and the economy. The Constitution of India under Article 48A and Article 51A(g) imposes a duty upon both the State and citizens to protect the environment. Recognising the need for dedicated legislation, the Indian Parliament enacted the Water (Prevention and Control of Pollution) Act, 1974 , marking India’s first significant step toward tackling water pollution through legal means. Historical Background Before 1974, water pollution was governed by various fragmented laws like the Indian Penal Code, 1860 (Section 277), and the Factories Act, 1948. However, these laws lacked a specialized mechanism to monitor, prevent, or control pollution. The  Water (Prevention and Control of Pollution) Act, 1974 , came into force on  23rd March 1974 . It was enacted following a consensus reached during the 1972...

Prevention and Control of Air Pollution ✍️ Author: Chandan Sha  Introduction Air pollution is one of the most pressing environmental issues of our time. It not only affects human health but also causes irreversible damage to ecosystems and the climate. In India, rapid industrialization, vehicular emissions, and unregulated construction activities have worsened air quality, especially in urban areas. To combat this, legal frameworks and regulatory measures have been adopted for the prevention, control, and abatement of air pollution . What is Air Pollution? Air pollution refers to the presence of harmful substances in the atmosphere that can pose a threat to the health of living beings and the environment. These substances may include gases (like carbon monoxide, sulfur dioxide), particulate matter (PM2.5, PM10), and biological molecules.  The Air (Prevention and Control of Pollution) Act, 1981 The Air (Prevention and Control of Pollution) Act, 1981 was enacted to prov...

Precautionary Principle and Polluter Pays Principle in Environmental Law Author : Chandan Sha  Introduction Environmental law is an essential part of modern legal systems, especially in countries like India where rapid development is often at odds with environmental protection. Two of the most important principles that have developed in this field are the Precautionary Principle and the Polluter Pays Principle . These principles ensure that both prevention and accountability are built into environmental governance. Let’s understand these two concepts in simple language with relevant case laws , particularly from Indian courts. What is the Precautionary Principle? The Precautionary Principle means "prevention is better than cure." If there is a risk of serious or irreversible damage to the environment, then lack of scientific certainty cannot be used as a reason to delay action . In simple words, if an activity may cause harm to the environment or health, steps must b...

  "Mortgage and its Types under Section 58 of the Transfer of Property Act, 1882", Author ~ chandan sha    Chapterization Chapter I: Introduction to Mortgage Chapter II:  Types of Mortgages Chapter III: Challenges Chapter IV: Conclusion and Suggestions Bibliography       Chapter I: Introduction to Mortgage The concept of a mortgage is a fundamental aspect of property law, particularly within the Indian legal framework. Under Section 58 of the Transfer of Property Act, 1882, a mortgage is defined as the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement that may give rise to a pecuniary liability. [6]  Mortgage is defined by Section 58 (a) of the Transfer of Property Act, 1882 (TPA)  as a transfer of an interest in specific immoveable property for the purpose of securing the payment of ...