Environmental Law & the Indian Constitution

Environmental Law and the Indian Constitution Some important provisions Duty of the State ( Part IV) Part IV of the Constitution of India contains the directive principles of State policy. These directives are the active obligations of the State; they are policy prescriptions for the guidance of the Government. Article 37 of Part IV of the Constitution limits… Read More »

Law of Torts & Environment

Law of Torts and Environment  Introduction Litigation related to environmental contamination and toxins has grown at a rapid pace, as businesses come under greater scrutiny for their environmental practices and face potentially costly claims. Industrialization has posed serious concern for the protection of environment. If we follow the development around the world in last two decades or so,… Read More »

Law of Crimes & Environment

Law of Crimes and Environment Introduction Environmental crime refers to the violation of laws intended to protect the environment and human health. These laws govern air and water quality and dictate the ways in which the disposal of waste and hazardous materials can legally take place. Individuals or corporations can be found guilty of environmental crimes. Indian Penal… Read More »

Environmental Justice, Equity and Governance

Environmental Justice, Equity and Governance  Introduction The term ‘environment’ can describe a limited area or the entire planet, even including a part of the outer space which surrounds it. The term ‘biosphere’ used in particular by UNESCO, corresponds to one of the broadest definitions, since it designates the totality of the human environment, the part of the universe… Read More »

ACCOMPLICE EVIDENCE

An accomplice means a person who has taken part in the commission of a crime. When an offence is committed by more than one person in concert, every one participating in its commission is an accomplice. Conspirators lay their plot in secret; they execute it ruthlessly and do not leave much evidence behind. Often, therefore, the police have… Read More »

PRESUMPTION OF FACTS

Section 114: Court may presume existence of certain facts– The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. Illustrations The Court may presume. –… Read More »

Factories Act,1948

OBJECT AND SCOPE OF THE ACT The main object of the Factories Act, 1948 is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. The Act also makes provisions regarding employment of women and young persons (including children and adolescents), annual leave with wages etc. The Act extends to… Read More »

Trade Union Act

Trade Union means “any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions”. Trade union is… Read More »

Minimum Wages Act

OBJECT AND  SCOPE OF THE LEGISLATION The Minimum Wages Act was passed in 1948 and it came into force on 15th March, 1948. The National Commission on Labour has described the passing of the Act as landmark in the history of labour legislation in the country. The philosophy of the Minimum Wages Act and its significance in the… Read More »