UNION CARBIDE CORPORATION Vs. UNION OF INDIA
LAWS(SC)-1991-10-57
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on October 03,1991

UNION CARBIDE CORPORATION Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

SHEONANDAN PASWAN V. STATE OF BIHAR [RELIED ON]
DURGA SHANKAR MEHTA VS. RAGHURAL SINGH [RELIED ON]
SHIVDEO SINGH VS. STATE OF PUNJAB [RELIED ON]
V NARASIMHARAJU IN BOTH THE APPEALS VS. V GURUMURTHY RAJUIN BOTH THE APPEALS [RELIED ON]
PREM CHAND GARG VS. EXCISE COMMISSIONER U P [REFERRED TO]
OUSEPH POULO SINCE DECEASED AND AFTER HIM HIS LEGAL REPRESENTATIVES VS. CATHOLIC UNION BANK LTD [RELIED ON]
BINAYAK SWAIN VS. RAMESH CHANDRA PANIGRAHI ANOTHER [RELIED ON]
BISWABAHAN DAS VS. GOPEN CHANDRA HAZARIKA [REFERRED TO]
M N SANKARAYARAYANAN NAIR VS. P V BALAKRISHNAN [RELIED ON]
STATE OF KERALA AMALGAMATED MALABAR ESTATE PRIVATE LIMITED VS. GWALIOR RAYON SILK MANUFACTURING WVG CO LTD [RELIED ON]
STATE OF PUNJAB NOW HARYANA VS. AMAR SINGH [RELIED ON]
MUNICIPAL COUNCIL RATLAM VS. VARDICHAN [RELIED ON]
STATE OF WEST BENGAL VS. SWAPAN KUMAR GUHA:SANCHAITA INVESTMENTS [REFERRED TO]
HARBANS SINGH VS. STATE OF UTTAR PRADESH [RELIED ON]
NATIONAL TEXTILE WORKERS UNION VS. P R RAMAKRISHNAN [APPROVED]
A R ANTULAY VS. RAMDAS SRINIWAS NAYAK [RELIED ON]
STATE OF PUNJAB VS. UNION OF INDIA [RELIED ON]
INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA VS. L K RATNA [REFERRED TO]
M C MEHTA VS. UNION OF INDIA [DISTINGUISHED]
T SHEPHARD VS. UNION OF INDIA [REFERRED TO]
A R ANTULAY VS. R S NAYAK [REFERRED TO]
H L TREHAN HINDUSTAN PETROLEUM CORPORATION LIMITED BHARAT PETROLEUM CORPORATION LIMITED VS. UNION OF INDIA [REFERRED TO]
R B SHREERAM DURGA PRASAD AND FATEHCHAND NURSING DAS VS. SETTLEMENT COMMISSION IT AND WT [REFERRED TO]
CHARAN LAL SAHU RAKESH SHROUTI RAJKUMAR KESWANI NASRIN BI VS. UNION OF INDIA [EXPLAINED]



Cited Judgements :-

VINOD K. CHAWLA VS. SHIV BHAKTI FILMS [LAWS(BOM)-2013-10-145] [REFERRED TO]
ANKUSH MANRO VS. RAJINDER SINGH AND OTHERS [LAWS(P&H)-2013-2-444] [REFERRED]
NEELAM VS. CHHABIL DASS [LAWS(P&H)-2007-2-89] [REFERRED TO]
DHAKSHNAMOORTHY VS. COMMISSIONER [LAWS(MAD)-2019-2-320] [REFERRED TO]
JAWAHARLAL SHANMUGAM VS. STATE OF TAMIL NADU REPRESENTED BY ADDITIONAL CHIEF SECRETARY [LAWS(MAD)-2018-8-854] [REFERRED TO]
SATTA PANCHAYAT IYAKKAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-2-270] [REFERRED TO]
MORGAN SECURITIES AND CREDITS PVT LTD VS. MOREPEN LABOURTORIES LTD [LAWS(DLH)-2006-7-55] [REFERRED TO]
RICHA INDUSTRIES LTD VS. ICICI BANK LIMITED [LAWS(DLH)-2011-10-16] [REFERRED TO]
MOHAMMED VS. AVARANKUTTY HAJI [LAWS(KER)-1996-2-35] [REFERRED TO]
NIYAMAVEDI AND VS. DIRECTOR CBI NEW DELHI [LAWS(KER)-1999-1-22] [REFERRED :1991 4 SCC 584]
V.ANNARAJA VS. SECRETARY TO THE UNION OF INDIA [LAWS(MAD)-2019-2-399] [REFERRED TO]
BALWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2003-2-129] [REFERRED TO]
HAWA SINGH VS. STATE OF HARYANA [LAWS(P&H)-2011-1-222] [REFERRED TO]
INDIAN PERFORMING RIGHT SOCIETY LTD VS. PUNIT GOENKA [LAWS(DLH)-2010-1-112] [REFERRED TO]
DHRUV GOEL VS. ANAND PARKASH GOYAL [LAWS(DLH)-2010-3-18] [REFERRED TO]
G UDAYAN DRAVID VS. STATE OF DELHI [LAWS(DLH)-2006-12-117] [REFERRED TO]
RAJMAL LAKHICHAND VS. COMMISSIONER OF AND CUSTOMS [LAWS(BOM)-2010-4-97] [REFERRED TO]
S.VIJAYASHANKAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-9-78] [REFERRED TO]
MANAGING DIRECTOR VS. REGIONAL PROVIDENT FUND COMMISSIONER [LAWS(MAD)-2019-11-133] [REFERRED TO]
VINOD NARAIN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1995-2-1] [REFERRED TO]
UTTARAKHAND SANGHARSH SAMITI VS. STATE OF U P [LAWS(ALL)-1996-2-129] [REFERRED TO]
MUKESH CHANDRA VS. STATE OF U P [LAWS(ALL)-1999-10-62] [REFERRED TO]
N C JAIN VS. CHIEF SECRETARY GOVERNMENT OF U P [LAWS(ALL)-2001-3-15] [REFERRED TO]
DHARAM PAL VS. HOSHIYAR SINGH [LAWS(P&H)-2007-7-71] [REFERRED TO]
KANPUR INCOME TAX BAR ASSOCIATION VS. UNION OF INDIA [LAWS(ALL)-1998-2-121] [REFERRED TO]
KRISHANA DEVI VS. M A C T BHIWANI [LAWS(P&H)-2012-11-607] [REFERRED]
P. PUGALENTHI VS. UNION OF INDIA [LAWS(MAD)-2019-6-317] [REFERRED TO]
A. VIJAYA SEKARAN VS. SECRETARY TO GOVERNMENT HOME [LAWS(MAD)-2019-4-650] [REFERRED TO]
SUNDER THEATRES REVISIONIST VS. ALLAHABAD BANK JHANSI [LAWS(ALL)-1998-4-25] [REFERRED TO]
DAMU DAGDU PATIL VS. DILIPSINGH PRATAPSINGH PATIL [LAWS(BOM)-2013-7-202] [REFERRED TO]
NIYAMAVEDI REP VS. RAMON SRIVASTAVA I P S INSPECTOR GENERAL OF POLICE [LAWS(KER)-1995-1-14] [REFERRED TO]
GOVERNMENT OF KERALA VS. SOM DATT BUILDERS LIMITED [LAWS(KER)-2002-10-68] [REFERRED TO]
K A ALWA VS. JAGANNATH PRASAD VARSHNEY AND ORS [LAWS(ALL)-1992-5-114] [REFERRED]
RAMA SARAF VS. STATE OF DELHI [LAWS(DLH)-2007-3-164] [REFERRED TO]
DELHI ASSAM ROADWAYS CORPORATION LTD VS. HARYANA URBAN DEVELOPMENT AUTHORITY [LAWS(P&H)-2008-3-95] [REFERRED TO]
BAREJA AUTOMOBILES PVT LTD VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2012-2-259] [REFERRED]
K JAYARAMAN VS. DISTRICT COLLECTOR [LAWS(MAD)-2017-7-241] [REFERRED TO]
TAMIL NADU HEALTH EMPLOYEES WELFARE ASSOCIATION VS. CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA [LAWS(MAD)-2019-3-469] [REFERRED TO]
PUBLIC INFORMATION OFFICER VS. MANOHAR PARRIKAR [LAWS(BOM)-2011-11-54] [REFERRED TO]
SHAKUNTALA SHARMA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2000-1-90] [REFERRED TO]
SHAKUNTALA SHARMA VS. STATE OF U P [LAWS(ALL)-2000-7-32] [REFERRED TO]
ASHOK KUMAR GUPTA VS. STATE OF U P [LAWS(ALL)-1993-8-46] [REFERRED TO]
M SONS ENTERPRISES PVT LTD VS. SURESH JAGASIA [LAWS(DLH)-2011-1-166] [REFERRED TO]
G.VIJAYAKUMAR VS. DIRECTOR GENERAL [LAWS(MAD)-2019-2-391] [REFERRED TO]
KAUSHNUMA BEGUM VS. NEW INDIA ASSURANCE COMPANY LIMITED [LAWS(SC)-2001-1-114] [REFERRED]
JAI PRAKASH VS. NATIONAL INSURANCE CO LTD [LAWS(SC)-2009-12-42] [REFERRED TO]
TRILOK SUDHIRBHAI PANDYA VS. UNION OF INDIA [LAWS(SC)-2011-10-30] [REFERRED TO]
SARIFUL ISLAM VS. UNION OF INDIA [LAWS(GAU)-2019-6-73] [REFERRED TO]
MANOHAR LAL SHARMA VS. PRINCIPAL SECRETARY [LAWS(SC)-2013-12-44] [REFERRED TO]
ZAHIRA HABIBULLAH SHEIKH VS. STATE OF GUJARAT [LAWS(SC)-2004-5-9] [REFERRED TO]
DES RAJ VS. UNION OF INDIA [LAWS(SC)-2004-10-10] [REFERRED TO]
KANTI DEVI VS. STATE OF U P [LAWS(ALL)-2011-9-26] [REFERRED TO]
ANITA KUSHWAHA VS. PUSHAP SUDAN [LAWS(SC)-2016-7-72] [REFERRED TO]
STATE OF KARNATAKA VS. STATE OF TAMIL NADU & ORS. [LAWS(SC)-2016-12-45] [REFERRED TO]
SUPREME COURT BAR ASSOCIATION VS. B D KAUSHIK [LAWS(SC)-2011-9-4] [REFERRED TO]
MAMATA PAUL, W/O SANJIT PAUL VS. PRADIP SAHA [LAWS(GAU)-2012-6-159] [REFERRED TO]
MAMATA PAUL VS. PRADIP SAHA [LAWS(GAU)-2012-8-51] [REFERRED TO]
QAZI YUSRA ASLAM VS. STATE [LAWS(J&K)-1993-9-6] [REFERRED TO]
MATHAI VS. GEORGE AND ORS. [LAWS(SC)-2016-1-123] [REFERRED TO]
STATE OF U P VS. C P RAVINDRA SINGH [LAWS(ALL)-2011-2-14] [REFERRED TO]
T.N. GENERATION & DISTBN. CORPN. LTD. VS. PPN POWER GEN. CO. PVT. LTD. [LAWS(SC)-2014-4-11] [REFERRED TO]
SINDHU K. RAJAN VS. M. AJITH [LAWS(KER)-2014-7-25] [REFERRED TO]
SYED M M RIZVI VS. SUBHASH SINGH [LAWS(ALL)-2014-4-169] [REFERRED TO]
INDIAN COUNCIL FOR ENVIRO LEGAL ACTION VS. UNION OF INDIA [LAWS(SC)-2011-7-81] [REFERRED TO]
B D KAUSHIK VS. SUPREME COURT BAR ASSOCIATION [LAWS(SC)-2012-5-18] [REFERRED TO]
VIRENDRA PRATAP NAYYAR VS. STATE OF UP [LAWS(ALL)-2010-7-20] [REFRRED TO]
LALJEE YADAV VS. STATE OF BIHAR [LAWS(PAT)-2000-5-60] [REFERRED TO]
VIBIN P VS. STATE OF KERALA [LAWS(KER)-2012-10-492] [REFERRED TO]
RAMESHWAR PRASAD VS. UNION OF INDIA [LAWS(SC)-2006-1-54] [REFERRED TO]
DIPAK K GHOSH VS. STATE OF WEST BENGAL [LAWS(SC)-2006-3-23] [REFERRED TO]
NAGAPPA VS. GURUDAYAL SINGH [LAWS(SC)-2002-12-10] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. RAFIQA [LAWS(J&K)-1999-4-34] [REFERRED TO]
E S P RAJARAM VS. UNION OF INDIA [LAWS(SC)-2001-1-21] [REFERRED]
KALYAN CHANDRA SARKAR VS. RAJESH RAJAN alias PAPPU YADAV [LAWS(SC)-2005-2-149] [RELIED ON]
NATIONAL INSURANCE COMPANY LTD VS. URMILA SINGH [LAWS(ALL)-2013-12-132] [REFERRED TO]
BUSSA OVERSEAS & PROPERTIES P LTD VS. UNION OF INDIA [LAWS(SC)-2016-1-114] [REFERRED TO]
SAVELIFE FOUNDATION & ANR. VS. UNION OF INDIA & ANR. [LAWS(SC)-2016-3-57] [REFERRED TO]
SANJAY GUPTA VS. STATE OF UTTAR PRADESH [LAWS(SC)-2014-7-75] [REFERRED TO]
UNION CARBIDE CORPORATION LIMITED VS. UNION OF INDIA [LAWS(SC)-2010-7-152] [REFERRED TO]
SUPREME COURT BAR ASSOCIATION VS. B D KAUSHIK [LAWS(SC)-2012-5-11] [REFERRED TO]
ASHOK KUMAR PANDEY VS. STATE OF WEST BENGAL [LAWS(SC)-2003-11-12] [REFERRED TO]
MAHENDRA SAREE EMPORIUM VS. G V SRINIVASA MURTHY [LAWS(SC)-2004-8-12] [REFERRED TO]
ICICI LOMBARD GENERAL INSURRANCE CO. LTD. VS. UNION OF THE INDIA AND ORS. [LAWS(CAL)-2016-8-87] [REFERRED]
G. SUNDARRAJAN VS. UNION OF INDIA [LAWS(SC)-2013-5-20] [REFERRED TO]
JYOTI VASWANI VS. RESHMA VASWANI [LAWS(GAU)-2011-12-19] [REFERRED TO]
RAMAN VS. COCHIN DEVASWOM BOARD [LAWS(KER)-2015-5-19] [REFERRED TO]
RAJESH KUMAR NAGPAL VS. SILVER GRAND SERVICES [LAWS(DLH)-2013-9-453] [REFERRED TO]
ROCKY TYRES CHANDIGARH VS. AJIT JAIN [LAWS(P&H)-1997-12-7] [REFERRED TO]
RADHA DEVI VS. LIFE INSURANCE CORPORATION [LAWS(RAJ)-1994-3-52] [REFERRED TO]
FEDERATION OF RESIDENTS WELFARE ASSOCIATIONS, VASANT KUNJ VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2016-1-78] [REFERRED TO]
FEDERATION OF RESIDENTS WELFARE ASSOCIATIONS, VASANT KUNJ VS. UNION OF INDIA [LAWS(DLH)-2015-1-88] [REFERRED TO]
JOGINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1994-5-170] [REFERRED]
VASANT KUNJ VS. UNION OF INDIA & ORS [LAWS(DLH)-2016-1-31] [REFERRED TO]
UNITED RECELAND LIMITED VS. STATE OF HARYANA [LAWS(P&H)-1995-8-5] [REFERRED TO]
S.KRISHNASWAMY VS. STATE OF TAMILNADU [LAWS(MAD)-2016-8-60] [REFERRED TO]
CHAYA RANI BAISYA VS. NATIONAL INSURANCE CO LTD [LAWS(CAL)-2006-7-20] [REFERRED TO]
PROCTOR and GAMBLE INDIA LIMITED VS. UNION OF INDIA MINISTRY OF COMMERCE [LAWS(APH)-1995-12-103] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. KRISHNA ROY AND NINE [LAWS(CAL)-2005-7-24] [REFERRED TO]
GALI MUDDU KRISHNAM NAIDU M L A PUTTUR CHITTOOR DISTRICT VS. GOVERNMENT OF A P [LAWS(APH)-1994-10-11] [REFERRED TO]
M KOTESWARA RAO VS. SENIOR MANAGER GHAT ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION [LAWS(APH)-1997-4-99] [REFERRED TO]
G. PRAVINA VS. NARENDRA MODI [LAWS(MAD)-2014-5-11] [REFERRED TO]
SALIM AKTHAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-5-48] [REFERRED TO]
VIKAS YADAV AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(DLH)-2015-2-237] [REFERRED TO]
SMT. DRAUPDI DEVI & ORS VS. KASHI RAM & ORS [LAWS(RAJ)-1997-1-106] [REFERRED TO]
INSTITUTE OF PUBLIC HEALTH and HYGIENE VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2001-4-104] [REFERRED TO]
Ramapada Sinha VS. Union of India UOI [LAWS(CAL)-1995-12-6] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. TARA SUNDARI DEVI [LAWS(CAL)-2006-11-8] [REFERRED TO]
ASSOCIATION FOR PROTECTION OF DEMOCRATIC VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-11-16] [REFERRED TO]
MUTHUSWAMY P VS. JANAKIRAM [LAWS(APH)-1999-12-37] [REFERRED TO]
LELA BEN AND OTHERS VS. JITENDRA PAL SINGH AND OTHERS [LAWS(RAJ)-1994-3-84] [REFERRED TO]
RADHA RANI GUPTA VS. UNION OF INDIA [LAWS(DLH)-2015-3-130] [REFERRED TO]
AANCHAL CEMENT LIMITED AND ORS. VS. GIMPEX LIMITED [LAWS(MAD)-2013-12-151] [REFERRED TO]
AMALESH MAITY VS. STATE OF W B [LAWS(CAL)-2004-3-32] [REFERRED TO]
MANAGING DIRECTOR VS. RAMARAO [LAWS(MAD)-2013-3-250] [REFERRED TO]
MIRA DEVI VS. ORIENTAL INSURANCE CO LTD [LAWS(CAL)-2006-11-14] [REFERRED TO]
R SESHAGIRI RAO VS. UNIVERSITY OF HYDERABAD [LAWS(APH)-2002-11-85] [REFERRED TO]
UNIVERSITY OF BURDWAN VS. DR. PRASHANTA KUMAR CHATTERJEE [LAWS(CAL)-1998-4-37] [REFERRED TO]
CHITTARANJAN DAS VS. DURGAPORE PROJECT LTD [LAWS(CAL)-1994-12-28] [REFERRED TO]
ANUPAMA GUPTA VS. KULDEEP SINGH [LAWS(DLH)-2014-12-284] [REFERRED TO]
SURAJ BHAN VS. SATPAL SINGH [LAWS(P&H)-1996-5-84] [REFERRED TO]
STATE OF WEST BENGAL VS. SNJEEVANI PROJECTSP LTD [LAWS(CAL)-2005-11-15] [REFERRED TO]
MIRA DEBI CHOWDHURY VS. CHHATELAL CHOWDHURY [LAWS(CAL)-2006-8-23] [REFERRED TO]
PUBLIC VIGILANCE VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1992-3-79] [REFERRED TO]
HYDERABAD and SECUNDERABAD COCONUT MERCHANTS ASSN VS. DIRECTOR OF MARKETING [LAWS(APH)-1992-8-22] [REFERRED TO]
I V R CONSTRUCTIONS LIMITED VS. SUKDEVRAJ SHARMA AND BROS [LAWS(APH)-1998-9-21] [REFERRED TO]
K S MOHAN KUMAR VS. HINDUSTAN SHIPYARD LTD [LAWS(APH)-1996-8-4] [REFERRED TO]
RAJESH TYAGI VS. RAMESH CHANDRA GUPTA [LAWS(DLH)-2014-11-302] [REFERRED TO]
NEENA BHAGAT VS. LAJ SHARAN KAUR [LAWS(DLH)-2013-9-400] [REFERRED TO]
JENALI VS. NATIONAL INSURANCE CO LTD [LAWS(CAL)-2006-8-33] [REFERRED TO]
R JANAKIAMMAL VS. S R SOMASUNDARAM [LAWS(MAD)-2011-11-261] [REFERRED TO]
SURESH GANPATI HALVANKAR VS. STATE OF MAHARASHTRA AND ANOTHER [LAWS(BOM)-2017-3-95] [REFERRED TO]
SHAIKH SHAMA AND OTHERS VS. THE STATE OF MAHARASHTRA AND OTHERS [LAWS(BOM)-2018-8-211] [REFERRED TO]
YESHWANT S O NATTHUJI MESHRAM VS. STATE OF MAHARASHTRA [LAWS(BOM)-1994-8-19] [REFERRED TO]
JYOTI VS. DARSHAN NIRMAL JAIN [LAWS(GJH)-2012-4-245] [REFERRED TO]
T A DAKSHAYANI VS. P CHENGIAH [LAWS(MAD)-2011-11-14] [REFERRED TO]
JYOTSNA NALINIKANT KILACHAND VS. NANDLAL KILACHAND INVESTMENT PRIVATE LIMITED [LAWS(BOM)-1993-2-87] [REFERRED TO]
STATE OF MAHARASHTRA VS. JETHMAL HIMATMAL JAIN [LAWS(BOM)-1994-3-5] [REFERRED TO]
R K BANSWAL DISTRICT AND SESSIONS JUDGE OSMANABAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-1994-10-36] [REFERRED TO]
RANCHHODBHAI HARIBHAI SUTARIYA VS. UNION OF INDIA [LAWS(GJH)-2011-4-207] [REFERRED TO]
KRISHNA VS. DEEPAK CHHABRA [LAWS(BOM)-1994-6-4] [REFERRED TO]
PURSHOTTAM SINGH NAROOKA VS. PURSHOTTAM SHARMA [LAWS(RAJ)-2004-3-14] [REFERRED TO]
BHANWARI DEVI VS. UNION OF INDIA [LAWS(RAJ)-2003-6-2] [REFERRED TO]
GAUTAM NAVLAKHA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-2-234] [REFERRED TO]
ANAND TELTUMBDE VS. STATE OF MAHARASHTRA AND OTHERS [LAWS(BOM)-2020-2-243] [REFERRED TO]
KAPIL LODHA VS. THE JUDGE, MACT [LAWS(RAJ)-2014-3-251] [REFERRED TO]
BRITANNIA INDUSTRIES LTD VS. MAHARASHTRA GENERAL KAMGAR UNION [LAWS(BOM)-2009-4-190] [REFERRED TO]
VIJAY KUMAR GUPTA VS. STATE OF HIMACHAL PRADESH & OTHERS [LAWS(HPH)-2015-1-60] [REFERRED TO]
MANMAD ST XAVIERS SOCIETY AND FR ALEX COLACO OF NASIK VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-3-205] [REFERRED]
STATE OF GOA VS. PLACIDO BRAGANZA [LAWS(BOM)-2001-5-11] [REFERRED TO]
GOVIND SINGH MACHHAN VS. STATE OF H.P. [LAWS(HPH)-1992-7-4] [REFERRED]
KHUSHAL DAS PHATNANI VS. RAIPUR DEVELOPMENT AUTHORITY [LAWS(MPH)-1994-2-19] [REFERRED TO]
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI VS. NASIRUDDIN FATHER OF DECEASED MOHAMMAD YASIN [LAWS(DLH)-2000-11-44] [REFERRED]
SUNIL BRIJMOHAN BAWA VS. UNION OF INDIA [LAWS(MPH)-1994-1-32] [REFERRED TO]
KISHAN LAL KALRA VS. NEW DELHI MUNICIPAL CORPORATION [LAWS(DLH)-2001-4-49] [REFERRED 12.]
ABHILASHA VS. H P STATE FOREST CORPORATION [LAWS(HPH)-1998-10-9] [REFERRED TO]
RANI SATI INVESTMENT AND FINANCE LTD VS. UNION OF INDIA [LAWS(BOM)-2004-2-140] [REFERRED TO]
JITENDRA MANOHAR DIXIT VS. GOPAL BABULAL UPADYAY [LAWS(BOM)-2001-4-54] [REFERRED TO]
POONAM SHARMA VS. UNION OF INDIA [LAWS(DLH)-2002-9-110] [REFERRED]
STATE OF MADHYA PRADESH VS. SAUD [LAWS(MPH)-1995-8-10] [REFERRED TO]
BRITANIA INDUSTRIES LTD VS. MAHARASHTRA GENERAL KAMGAR UNION [LAWS(BOM)-2009-4-148] [REFERRED TO]
KISHAN KALARA VS. NEW DELHI MUNICIPAL CORPORATION [LAWS(DLH)-2001-4-100] [REFERRED]
GURCHARAN SINGH BHAWNANI VS. STATE [LAWS(DLH)-2001-10-32] [REFERRED]
VIRENDER KUMAR YADAV AND MUKHTIAR YADAV AND MUKHO YADAV ALIAS RAJU VS. STATE [LAWS(DLH)-1995-8-30] [REFERRED TO]
SHYAMA DEVI VS. NATIONAL CAPITAL OF DELHI [LAWS(DLH)-1999-3-98] [REFERRED]
VEENA KUMARI VS. JASBIR SINGH [LAWS(DLH)-2003-10-65] [REFERRED]
MANJIT SINGH SAWHNEY VS. UNION OF INDIA [LAWS(DLH)-2005-5-199] [REFERRED TO]
SHARDA (SMT.) VS. IFCO GENERAL INSURANCE COMPANY LTD. AND ANOTHER [LAWS(RAJ)-2015-12-194] [REFERRED TO]
MANMAD ST XEVIERS SOCIETY MANMAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-3-163] [REFERRED TO]
D.L. GUPTA VS. STATE BANK OF INDIA AND ORS. [LAWS(HPH)-2010-3-158] [REFERRED TO]
KANI VS. RAJASTHAN STATE ELECTRICITY BOARD, JAIPUR AND ORS. [LAWS(RAJ)-2016-2-45] [REFERRED TO]
TRILOK CHAND & OTHERS VS. VINOD & OTHERS [LAWS(RAJ)-2015-10-137] [REFERRED]
UNITED INDIA INSURANCE CO LTD VS. NIRMALA CHAUHAN [LAWS(HPH)-2000-8-1] [REFERRED TO]
KAMAL DHAWAN VS. STATE [LAWS(DLH)-1999-9-104] [REFERRED]
CHAMAN LAL JAIN VS. ARUN KUMAR JAIN [LAWS(DLH)-1995-5-63] [REFERRED TO]
MOHRAM ALI VS. RAKESH KAPOOR [LAWS(DLH)-1998-5-38] [REFERRED TO]
HARJINDER KAUR AND OTHERS VS. GAGANDEEP SINGH AND ANOTHER [LAWS(P&H)-2017-2-10] [REFERRED TO]
THE MEGHALAYA ENERGY CORPORATION LTD. VS. SUKENDRA SANGMA [LAWS(MEGH)-2015-4-12] [REFERRED TO]
JAGDISH PRASAD GUPTA VS. C L JAIN [LAWS(DLH)-1996-1-49] [REFERRED]
ASHWINI MANOJ PATIL AND ORS. VS. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) [LAWS(KAR)-2016-4-16] [REFERRED TO]
K KRISHNA KUMAR VS. K RADHAKRISHNAIAH [LAWS(APH)-2013-8-88] [REFERRED TO]
JAYANTILAL AMBALAL PARMAR VS. GUJARAT STATE ROAD TRANSPORT CORPORATION [LAWS(GJH)-1994-1-8] [REFERRED TO]
VELAGA VENKATESWARAMMA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-2-25] [REFERRED TO]
JANAB GHOUSE KHAN SHIRANI VS. SIRAJ AHMED alias HAJI [LAWS(KAR)-1993-4-37] [REFERRED TO]
STATE OF GUJARAT VS. SHANKERJI CHATURJI [LAWS(GJH)-1996-10-48] [REFERRED TO]
NIRAV NAVINBHAI SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2006-9-69] [REFERRED TO]
KHAJA OBEDULLAH VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2018-9-1] [REFERRED TO]
C.L.ANTO VS. STATE OF KERALA [LAWS(KER)-2020-7-31] [REFERRED TO]
GEORGE VATTUKULAM VS. STATE OF KERALA [LAWS(KER)-2020-2-374] [REFERRED TO]
GUJ-CHEM DISTILLERIES INDIA LIMITED VS. STATE OF GUJARAT [LAWS(GJH)-1994-8-15] [REFERRED TO]
JAYMAL JAYANLILAL THAKORE VS. CHIEF COMMISSIONER OF INCOME TAX [LAWS(GJH)-1997-6-22] [REFERRED TO]
MANCHHUBHAI HIRABHAI AND OTHERS VS. STATE OF GUJARAT AND OTHERS [LAWS(GJH)-1995-2-78] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. TAKHUBEN RAGHABHAI [LAWS(GJH)-2006-11-90] [REFERRED TO]
SHAIK KHADER MOHIDDIN VS. G VEERANNA [LAWS(APH)-2007-9-98] [REFERRED TO]
C P BHARATHI VS. ANJANAPPA [LAWS(KAR)-2006-7-50] [REFERRED TO]
JAYANTILAL AMBALAL PARMAR VS. THE GUJARAT STATE ROAD TRANSPORT CORPORATION AND ANOTHER [LAWS(GJH)-1994-9-50] [REFERRED TO]
MYTHRI RESIDENTS ASSOCIATION VS. SECRETARY, [LAWS(KER)-2019-10-65] [REFERRED TO]
SARASANI SATYAM REDDY VS. UNION OF INDIA [LAWS(APH)-2016-4-45] [REFERRED TO]
STATE OF KARNATAKA VS. H S REVANASIDDAPPA [LAWS(KAR)-1994-4-17] [REFERRED TO]
DESHEEYA VIDYA SHALA SAMITHI REGD VS. STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT [LAWS(KAR)-2006-6-107] [REFERRED TO]
SUSHEELA VS. STATE OF KARNATAKA [LAWS(KAR)-2001-7-84] [REFERRED TO]
ORIENTAL INSURANCE CO.LTD VS. SALIM [LAWS(KER)-2020-1-302] [REFERRED TO]
GHELAJI MATHURJI THAKOR AND ORS. VS. GSRTC [LAWS(GJH)-2001-1-81] [REFERRED TO]
G NAZEER AHMAD VS. UNION OF INDIA [LAWS(APH)-2003-4-103] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. MEENABEN PANKAJKUMAR JOSHI [LAWS(GJH)-2007-2-70] [REFERRED TO]
Suriti Rawat Etc. VS. Unit Trust Of India [LAWS(JHAR)-2001-11-29] [REFERRED TO]
SAVINAY JAIN VS. MOTOR ACCIDENT CLAIM TRIBUNAL [LAWS(ALL)-2004-3-233] [REFERRED TO]
SAVINAY JAIN VS. MOTOR ACCIDENT CLAIM TRIBUNAL [LAWS(ALL)-2004-8-185] [REFERRED TO]
JANATA DAL VS. H.S.CHOWDHARY [LAWS(SC)-1992-8-32] [RELIED ON]
INDIAN COUNCIL FOR ENVIRO LEGAL ACTION VS. UNION OF INDIA [LAWS(SC)-1996-2-30] [CONSIDERED]
UNION OF INDIA VS. W N CHADHA [LAWS(SC)-1992-12-9] [DISTINGUISHED]
PRESIDENT OF INDIA VS. VINAY CHANDRA MISHRA [LAWS(SC)-1995-3-129] [REFERRED TO]
U P STATE ROAD TRANSPORT CORPORATION VS. RANJEET KUMAR [LAWS(DLH)-2016-8-563] [REFERRED]
J P GUPTA VS. EVEREADY INDUSTRIES INDIA LTD [LAWS(MPH)-2012-11-121] [REFERRED TO]
E K CHANDRASENAN VS. STATE OF KERALA [LAWS(SC)-1995-1-163] [RELIED ON]
DEVIDAYAL ROLLING MILLS VS. PRAKASH CHIMANLAL PARIKH [LAWS(SC)-1993-3-57] [RELIED ON]
COMMISSIONER OF POLICE DELHI VS. REGISTRAR DELHI HIGH COURT NEW DELHI [LAWS(SC)-1996-10-87] [FOLLOWED]
NTT DOCOMO INC. VS. TATA SONS LIMITED [LAWS(DLH)-2017-4-119] [REFERRED TO]
GENERAL MANAGER KERALA STATE ROAD TRANSPORT CORPORATION TRIVANDRUM VS. SUSAMMA THOMAS MRS [LAWS(SC)-1993-1-18] [AFFIRMED]
RAJPAL VS. STATE OF U P [LAWS(ALL)-2005-10-145] [REFERRED TO]
R C PATUCK VS. FATIMA A KINDASA [LAWS(SC)-1997-5-43] [DISTINGUISHED]
NANDU MAL GIRDHARI LAL AMAR NATH ASHOK KUMAR ATMA RAM KISHAN LAL HARI RAM PRAHALAD RAI VS. STATE OF UTTAR PRADESH [LAWS(SC)-1992-4-22] [DISTINGUISHED]
ABHISHEK MALVIYA VS. ADDL WELFARE COMMISSIONER [LAWS(MPH)-2001-2-61] [REFERRED TO]
MOIN A QURESHI VS. COMMISSIONER OF INCOME TAX (CENTRAL) [LAWS(DLH)-2018-8-613] [REFERRED TO]
ANEUSER BUSCH INBEV INDIA LIMITIED VS. COMMISSIONER (EXCISE [LAWS(DLH)-2019-12-174] [REFERRED TO]
KIRANDEEP KAUR AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2014-11-102] [REFERRED TO]
RAMAN VS. STATE OF HARYANA [LAWS(P&H)-2013-7-25] [REFERRED TO]
MAHILA GRIHA UDYOG LIJJAT PAPAD VS. COMMISSIONER OF CENTRAL EXCISE, [LAWS(CE)-2001-10-396] [REFERRED TO]
LILABEN UDESING GOHEL SHYAMALA SHASHIDHARAN NAYYAR PRAMILABEN NARENDRA BHAI PATEL RAMABHAI SHANKARBHAI CHAVDA LILABEN KANTABEN ANIL KUMAR PATEL MOTOR VAHAN DURGHATNA SANGHTHAN NADIAD VS. ORIENTAL INSURANCE CO LTD:HEMRAJ LODURAM RAJPUR :NANDUBHAI AMBALAL THAKKAR:GANIBHAI AMABHAI VORA :KAJI GULAM NABI SHEIKH:GUJARAT STATE ROAD TRANSPORT CORPN:STATE OF G [LAWS(SC)-1996-3-139] [RELIED ON]
SAVITA VS. SAMSUDEEN AND OTHERS [LAWS(P&H)-2014-8-404] [REFERRED]
PREM SHANKER SINGH VS. ACCOUNTS OFFICER OFFICE OF B S A BALLIA [LAWS(ALL)-2004-9-192] [REFERRED TO]
VINEER NARAIN VS. UNION OF INDIA [LAWS(SC)-1998-12-2] [REFERRED TO]
SUPREME COURT BAR ASSOCIATION VS. UNION OF INDIA [LAWS(SC)-1998-4-63] [REFERRED TO]
ASHOK KUMAR GUPTA VIDYASAGAR GUPTA VS. STATE OF UTTAR PRADESH [LAWS(SC)-1997-3-35] [REFERRED TO]
VINEETNARAIN VS. UNION OF INDIA [LAWS(SC)-1997-12-18] [REFERRED TO]
CHANDRAKANT PATIL SHYAM K GARIKAPATI SUBHASH SINGH THAKUR JAYENDRA THAKUR VS. STATE [LAWS(SC)-1998-2-60] [RELIED ON]
NILABATI BEHERA ALIAS LAUTA BEHERA VS. STATE OF ORISSA [LAWS(SC)-1993-3-134] [RELIED ON]
TATA CELLULAR VS. UNION OF INDIA [LAWS(SC)-1994-7-97] [RELIED ON]
YASH PAL SINGH (MINOR)& ANR. VS. STATE OF U.P. THRU.PRIN. SECY. (ELECTRICITY) & 5 ORS. [LAWS(ALL)-2017-4-58] [REFERRED TO]
DIBAKAR PRADHAN VS. ISWAR CHANDRA MAJHI [LAWS(ORI)-2014-9-107] [REFERRED TO]
STATE OF U P VS. RADHEY SHYAM VARMA & OTHERS [LAWS(ALL)-2016-2-368] [REFERRED]
SATTIRA DEVI VS. STATE OF U P THROU ITS PRIN SECY HOME CIVIL SECTT LKO & ORS [LAWS(ALL)-2017-5-612] [REFERRED TO]
PRAVAT KUMAR MISHRA VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2015-9-28] [REFERRED TO]
BARUN CHANDRA THAKUR VS. MASTER BHOLU [LAWS(SC)-2022-7-64] [REFERRED TO]
OIL & NATURAL GAS CORP. LTD. VS. GUJARAT ENERGY TRANSMISSION CORPORATION. LTD. & ORS. [LAWS(SC)-2017-3-141] [REFERRED TO]
STATE OF U P & OTHERS VS. VASUDEV YADAV & ANOTHER [LAWS(ALL)-2016-2-370] [REFERRED]
NIDHI KAIM AND ANOTHER VS. STATE OF MADHYA PRADESH AND OTHERS [LAWS(SC)-2017-2-26] [REFERRED TO]
ASSISTANT COMMISSIONER (CT) LTU, KAKINADA VS. GLAXO SMITH KLINE CONSUMER HEALTH CARE LIMITED [LAWS(SC)-2020-5-6] [REFERRED TO]
STATE OF U P & OTHERS VS. OM PRAKASH SINGH & OTHERS [LAWS(ALL)-2016-2-369] [REFERRED]
BAJAJ ALLIANZ GENERAL INSURANCE CO LTD VS. ANITA DEVI [LAWS(CHH)-2012-5-29] [REFERRED TO]
K.S. SURESH VS. DEPUTY COMMISSIONER OF INCOME-TAX [LAWS(MAD)-2005-3-197] [REFERRED TO]
MANGLA RAM VS. ORIENTAL INSURANCE CO LTD & ORS [LAWS(SC)-2018-4-9] [REFERRED TO]
G.V. FILMS LTD. VS. S. PRIYADARSHAN [LAWS(MAD)-2005-8-244] [REFERRED TO]
S P MUTHUSAMY VS. V THAYAMMAL [LAWS(MAD)-2002-7-188] [REFERRED TO]
SMALL SCALE INDUSTRIAL MANUFACTURES ASSOCIATION (REGD.) VS. UNION OF INDIA [LAWS(SC)-2021-3-57] [REFERRED TO]
STATE OF U P & OTHERS VS. DINESH KUMAR SHUKLA & OTHERS [LAWS(ALL)-2016-2-371] [REFERRED]
ANJUMAN E PALAH MILLAN DHARUL HIFAZ VS. MOHAMMED OBAIDULAH [LAWS(MAD)-1996-12-24] [REFERRED TO]
RAMA CHANDRA HANSDAH VS. REPUBLIC OF INDIA (C.B.I) [LAWS(ORI)-2015-8-13] [REFERRED TO]
RAMGOPAL VS. STATE OF MADHYA PRADESH [LAWS(SC)-2021-9-101] [REFERRED TO]
RAJEEV NOHWAR VS. CHIEF CONTROLLING REVENUE AUTHORITY MAHARASHTRA STATE, PUNE [LAWS(SC)-2021-9-175] [REFERRED TO]


JUDGEMENT

RANGANATH MISRA - (1.) I entirely agree with mynoble and learned brother Venkatachaliah and hope and trust that thejudgment he has produced is the epitaph on the litigation. I usually avoidmultiple judgments but this seems to be a matter where something morethan what is said in the main judgment perhaps should be said.
(2.) EARLY in the morning of 3/12/1984, one of the greatestindustrial tragedies that history has recorded got clamped down on theotherwise quiet township of Bhopal, the capital of Madhya Pradesh. Theincident was large in magnitude 2,660 people died instantaneously andquite a good number of the inhabitants of the town suffered from severalailments. In some cases the reaction manifested contemporaneously andin others the effect was to manifest itself much later. Union Carbide Corporation ('UCC' for short), a multinationalone, has diverse and extensive international operations in countries likeIndia, Canada, West Asia, the Far East, African countries, Latin Americaand Europe. It has a sister concern known as Union Carbide India Limited ('UCIL' for short). In the early hours of 3/12/1984,there was a massive escape of lethal gas from the MIC Storage Tank ofthe plant into the atmosphere which led to the calamity. Several suits were filed in the United States of America for damages by the legal representatives of the deceased and by many of the601affected persons. The Union of India under the Bhopal Gas Leak Disaster (Processing of Claims) Act of 1985 took upon itself the right to suefor compensation on behalf of the affected parties and filed a suit forrealisation of compensation. The suits were consolidated and JudgeKeenan by his order dated 12/05/1986, dismissed them on the groundof forum non conveniens subject, inter alia, to the following conditions: (1 Union Carbide shall consent to submit to the jurisdiction ofthe courts of India and shall continue to waive defences based onthe statute of limitations; and. (2 Union Carbide shall agree to satisfy any judgment renderedagainst it in an Indian court, and if appealable, upheld by any appellate court in that country, whether such judgment and affirmancecomport with the minimal requirements of due process.
(3.) THE United States court of Appeals for the Second Circuit by itsdecision of 14/01/1987, upheld the first condition and in respect ofthe second one stated: "In requiring that UCC consent to enforceability of an Indianjudgment against it, the District court proceeded at least in part onthe erroneous assumption that, absent such a requirement, theplaintiffs, if they should succeed in obtaining an Indian judgmentagainst UCC, might not be able to enforce it against UCC in theUnited States. THE law, however, is to the contrary. Under NewYork Law, which governs actions brought in New York to enforceforeign judgments ... a foreign country judgment that is final, conclusive and enforceable where rendered must be recognised and willbe enforced as 'conclusive between the parties to the extent that itgrants or denies recovery of a sum of money' except that it is notdeemed to be conclusive if: 1. the judgment was rendered under a system which doesnot provide impartial tribunals or procedures compatible withthe requirements of due process of law; 2. the foreign court did not have personal jurisdiction overthe defendant. Article 53. Recognition of Foreign Country Money Judgments.Although 5304 further provides that under certain specified conditions a foreign country judgment need not be recognized, none ofthese conditions would apply to the present cases except for the possibility of failure to provide UCC with sufficient notice of proceedings or the existence of fraud in obtaining the judgment, which donot presently exist but conceivably could occur in the future." THE court rejected the plea advanced by UCC of breach of due processby non-observance of proper standards and ultimately stated:602 "Any denial by the Indian courts of due process can be raisedby UCC as a defence to the plaintiffs' later attempt to enforce resulting judgment against UCC in this country." After Judge Keenan made the order of 12/05/1986, in September of that year Union of India in exercise of its power under the Actfiled a suit in the District court at Bhopal. In the plaint it was stated thatdeath toll up to then was 2660 and serious injuries had been suffered byseveral thousand persons and in all more than 5 lakh persons had soughtdamages up to then. But the extent and nature of the injuries or the aftereffect thereof suffered by victims of the disaster had not yet been fullyascertained though survey and scientific and medical studies had alreadybeen undertaken. The suit asked for a decree for damages for suchamount as may be appropriate under the facts and the law and as may bedetermined by the court so as to fully, fairly and finally compensate allpersons and authorities who had suffered as a result of the disaster andwere having claims against the UCC. It also asked for a decree for effective damages in an amount sufficient to deter the defendant and othermultinational corporations involved in business activities from committing wilful and malicious and wanton disregard of the rights and safety ofthe citizens of India. While the litigations were pending in the US courtsan offer of 350 million dollars had been made for settlement of the claim.When the dispute arising out of interim compensation ordered by theDistrict court of Bhopal came before the High court, efforts for settlement were continued. When the High court reduced the quantum ofinterim compensation from Rs. 350 crores to a sum of Rs. 250 crores, bothUCC and Union of India challenged the decision of the High court byfiling special leave petitions. It is in these cases that the matter wassettled by two orders dated February 14 and 15, 1989.' On 4/05/1989,the Constitution bench which had recorded the settlement proceeded toset out brief reasons on three aspects: "(a) How did this court arrive at the sum of 470 million USdollars for an overall settlement? (b) Why did the court consider this sum of 470 million US dollars as 'just, equitable and reasonable'? (c) Why did the court not pronounce on certain importantlegal questions of far-reaching importance said to arise in theappeals as to the principles of liability of monolithic, economicallyentrenched multinational companies operating with inherentlydangerous technologies in the developing countries of the ThirdWorld questions said to be of great contemporary relevance tothe democracies of the Third World?" 603;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.