WorksheetsENVIRONMENT- TORTS/ CRIMINAL LAW
Total questions: 20
Worksheet time: 14mins
Representative suits/ class action suits can be filed in the interest of environmental rights under which provisions of the CPC ? Select all right answers.
Order I Rule 8
Section 80
Section 91
Order XX
U/CPC- Public nuisances and other wrongful acts affecting the public -
(1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted by-
the affected party only
(a) by the State government, or
(b) with the leave of the Court, by the affected party to whom special damage has been caused by reason of such public nuisance or other wrongful act.
(a) the Advocate-General, or
(b) by the government.
(a) the Advocate-General, or
(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.
How is public nuisance defined under the IPC ?
In Kurnool Municipality v. Civic Assn., 1973- it was held that the municipality can be convicted for not maintaining the cleanliness of the town under Section ___ of the IPC.
Your neighbors, a group of 6 unruly boys are chain smokers, they stand in front of your apartment complex and smoke for hours, 'shooting the wind'. Do you have a criminal remedy against this ? Explain very briefly.
Which of the following Parts of the IPC/BNS do not directly deal with environmental problems ?
Chapter VI/VII
Chapter XIV/XV
Chapter VIII/XI
Chapter XVII
The smell and leachate coming out of the garbage dump near your house is causing nuisance to the public at large. Your house being the closest, the flies and insects from the garbage dump start coming into your house and contaminates your food and water. Do you have a private law remedy ?
Ram Rattan set up two power-looms in the house which he had purchased from Munsha Singh. Four days before the sanction was granted a suit was filed by Munna Lal, a neighbour of Ram Rattan, and Dalip Singh, the son of Munsha Singh, for a permanent injunction restraining Ram Rattan-and his brother from working the power-looms which, according to the plantiffs, amounted to a nuisance. There are other houses in the neighbourhood or premises where nearly 23 looms are working day and night. Decide.
The appellant had a sugar factory and used to store molasses, a by-product in the manufacturing of sugar, in tanks which were close to the respondent’s land and separated by a water channel.
One day, one of the tanks collapsed. It emptied into the water channel and ultimately spoiled the paddy fields of the respondent causing damage to the raised crop. Is there negligence ?
1. A person must bring and collect material on his own land 2. The thing that is brought onto the land must be likely to do mischief if it escapes 3. The thing must be non-natural. This was first held in- ?
Balakrishnan v. T.R. Subramaniam
M.C. Mehta v. Union of India (Sriram Gas leak case)
Rylands v. Fletcher
Greene v. Chelsea Waterworks Co.
In many areas of Ratlam, there were neither public lavatories nor drains etc. This was creating nuisance. The SDM, Ratlam, under section 133 CrPC, held that it was the duty of the Ratlam Municipality to remove the nuisance and issued necessary directions. The Municipal Council contested the petition on the ground that the owners of houses had gone to that locality on their own choice, fully aware of the insanitary conditions and therefore they could not complain. It also pleaded financial difficulties in the construction of drains and provision of amenities. Does this exonerate the Municipality from its statutory duties according to Sec. 133 ? Skim Read Sec. 133 to decide.
Yes, Sec. 133 is discretionary and therefore, does not have a mandatory import in the given case.
No, The Criminal Procedure Code operates against statutory bodies and others regardless of the cash in their coffers, even as human rights under Part III of the Constitution have to be respected by the State regardless of budgetary provision.
Discretion becomes a duty when the beneficiary brings home the circumstances for its benign exercise.
Identify which Customary International Law Principle is reflected herein-
Principle 2 of the 1992 “Rio Declaration” states:
“States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.”
Common but Differentiated Responsibility (CBDR)
Precautionary Principle
Rule against Transboundary Harm
Right to Development
In the Pulp Mills case (Argentina v. Uruguay) (2010) ICJ Reports 14), the International Court of Justice has recognised _________as a requirement of customary or general international law.
principle of transboundary environmental impact assessment
principle of reasonable and equitable utilization
principle of public participation
principle of stewardship
The Stockholm Conference also led to the establishment of the (a) (UNEP) in 1972.
The 'theory of externalities' underlies which of the following principles?
polluter pays
public trust
precautionary principle
trusteeship principle
In which of the following cases, the Supreme Court directed closing down and demolition of shrimp industries in coastal regulation zone and implement the “precautionary principle” and “the polluter pays principle and held them liable for payment of compensation for reversing the ecology and compensate the individual for loss suffered?
Vellore Citizens Welfare Forum v. Union of India
S. Jagannath v. Union of India
M.C. Mehta c. Union of India, 1987
.
D. Church of God (Full Gospels) in India v. KKR Majestic Colony Welfare Association
Which of the following statements are correct regarding the Stockholm Conference, 1972?
1. It was the first step which put forward environmental concerns on the global agenda.
2. The Stockholm Declaration contained 26 principles and an Action Plan containing 109 recommendations for environmental policy
Only 1 is correct
Only 2 is correct
Both 1 and 2 are correct
Neither are correct
The provisions of environmental protection in the constitution are provided under:
Article 51A (c)
Article 21 A & 48 A
Article 25
Article 48A & 51A (g)
Who is famously known as the 'Green Judge'?
Justice V R Krishna Iyer
Justice P N Bhagwati
Justice Kuldip Singh
Justice B N Kirpal
An environmental problem that concerns me personally is -
