Study on law hills

CHARTER OF 1660 Background: After the Restoration of Charles II in 1660, the East India Company sought to renew and expand its privileges in India. The 1660 Charter was granted by King Charles II .  Provisions: Renewal of Trading Rights : It reaffirmed the East India Company’s monopoly over trade in the East Indies. Judicial Powers Granted : Governor and Council were authorized to exercise civil and criminal jurisdiction over British subjects. First legal recognition of Company's judicial authority . Laws to Align with England : The Company could establish courts and enact laws not inconsistent with English law . Right to Punish : Company officials could punish crimes , including capital punishment, after due process. Significance: First time the Company was given judicial authority over English subjects in India. Set the foundation for the later dual system of Company Adalats and Crown courts. CHARTER OF 1661 Background: Granted agai...

Privy Council: History and Development 🔹 1. Introduction The Privy Council was originally a body of advisors to the British monarch, but over time evolved into the highest court of appeal for colonies under British rule, including India. It significantly influenced the development of the Indian legal system until its appellate jurisdiction was abolished in 1949 , after India became independent. 🔹 2. Early Developments and Appeals (1679–1726) The first known appeal from India to the English Crown was not from a court judgment but was a petition against East India Company officials (1679). There was no unified legal structure in India then; different regions had varied systems under Company rule. 🔹 3. Charter of 1726 and Mayor’s Courts The Charter of 1726 established Mayor’s Courts in Calcutta, Madras, and Bombay . Allowed a two-tier appeal system: First appeal to the Governor-in-Council Second appeal to the Privy Council in England . The 1753 Charter reaffirmed...

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...