Bhopal Gas Tragedy

Topics: Bhopal disaster, Supreme Court of the United States, Bhopal Pages: 18 (4838 words) Published: April 21, 2015
Union Carbide Corporation vs. Union of India
(AIR 1992 SC 248)
[Bhopal Gas Tragedy]

-: SUBJECT :-
CONTRACT LAW- 1

-: SUBMITTED BY:-

Akshat Thakkar
Akshat VIN
Janak Vardey
Jaimil Doshi
B.B.A-LL.B – BATCH 2014-19

-: MODULE LEADER :-
Mrs. SHILPI SHARMA

SUBMITTED TO

AURO UNIVERSITY OF HOSPITALITY & MANAGEMENT
SURAT, GUJARAT

APRIL 16, 2015
TABLE OF CONTENTS

CHAPTER PARTICULARS PAGE NO. LIST OF ABBREVIATIONS……………………………………….. 03

LIST OF CASES……………………………………………………… 04

1.
INTRODUCTION ………………………………
05
2.
CONTRACT BETWEEN U.C.C. & INDIAN GOVERNMENT
06
3.
JUDGEMENT OF SUPREME COURT REJECTING CBI PLEA TO RE–OPEN CASE 07
4.
VERDICT OF BHOPAL GAS TRAGEDY CASE
09
5.
CHARGE SHEET FILED FOR BHOPAL GAS TRAGEDY
09
6.
STIFLING PROSECUTION
10
7.
ACCORD AND SATISFACTION
10
8.
FACTS
11
9.
RULES APPLICABLE
12
10.
SUPREME COURT JUDGEMENT
14
11.
CONCLUSION
16

REFERENCES…………………………………………………….......... 17
REMARKS……………………………………………………………… 17
LIST OF ABBREVIATIONS

1.
AIR
All India Report
2.
UCC
Union Carbide Corporation
3.
UOI
Union Of India
4.
GOI
Government Of India
5.
MPSG
Medicinal Plant Specialist Group
6.
UCIL
Uranium Corporation Of India Limited
7.
MIC
Methyl Isocyanate
8.
U.P.
Uttar-Pradesh

LIST OF CASES

1. Ajay Kumar Madanlal Bajla v. Mrs. Neha Vishal Bajla 2011(3)ALLMR303 2. Ali Nawaz v. Mohd. Yusuf P.L.D. 1963 S.C. 51
3. Aziz Bano v. Muhammad (1925) 47 All. 823; 89 I.C. 690; (’25) A.A. 720 4. Danial Latifi and anr. v. Union of India, AIR2001SC3958
5. Eveneet Singh v Prashant Chaudhri 177(2011)DLT125
6. Gajendra Singh v. Minakshi Yadav MANU/RH/0338/2011
7. Iqbal Bano v. State of U.P. and Anr, (2007) 6 SCC 785
8. Ishpal Singh Kahai v. Ramanjeet Kahai WP 576 of 2011 Bombay High Court 9. Javed & Ors. v. State of Haryana AIR 2003 SC 3057
10. John Vallamattom v. Union of India (2003) 6 SCC 611
11. Khushi Mohd. And Ors. v. Smt. Aneesha 2011 (3) Crimes 7; MANU/RH/0485/2011 12. Kunimohammed v. Ayishakutty 2010 (2) KHC 63
13. Mohd. Ahmed Khan v. Shah Bano Begum and Ors (1985) 2 SCC 556 14. N. Adithyan v. Travancore Devaswom Board & Ors (2002 8 SCC 106) 15. Nur Ali v. Thambal Sana Bibi 2007 (1) GLT 508
16. P. Babu Venkatesh & Ors. v. Rani 2008-2-LW(Crl)451
17. Ramesh Daga v Rameshwari Bai,(2005) 4 SCC 772
18. Riaz Fatma v. Mohammed Sharif I (2007) DMC 26; 135 (2006) DLT 205 19. Rukia Khatun v. Abdul Khalique Laskar (1981) 1 Gau. L.R. 375 20. S.R. Batra v. Taruna Batra (2007) 3 S.C.C. 169

INTRODUCTION

In the early hours of December 3rd, 1984; 42 tonnes of deadly Methyl Isocyanate [MIC] and other toxic gases escaped from UCIL’s pesticide plant in Bhopal, MP. A government affidavit in 2006 stated the leak caused 5, 58,125 injuries including 38,478 temporary / partial and approximately 3900 severely and permanently disabling injuries. All around the city of Bhopal, people were exposed to this gas and the immediate effects of inhaling the gas were coughing, vomiting, severe eye irritation and a feeling of suffocation. Over 3000 people died immediately and over 25000 are debated to have died as a result of the leak due to cancer, kidney and liver failure, etc. over a period of time. And till date many carry the burden of being victims of this gas leak in the form of congenital birth defects. Women were most affected in the long run as the gynecological problems were long-lasting and passed on from mother to child for years after. Bhopal being a landmark tort law case consists of matters relating to tort law such as loss spreading, risk attitude, moral hazard, transactions costs, and cost minimization or social efficiency. In...
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