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    <title>1989 (12) TMI 349 - Supreme Court</title>
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    <description>The SC upheld the constitutional validity of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, rejecting challenges under Articles 14, 19(1)(g), and 21. The Court held that the Act&#039;s differentiation of gas leak victims as a special class warranting distinct treatment was constitutionally permissible, having rational nexus with the intended objective. The Act validly empowered the Central Government to substitute victims in litigation against multinational corporations, applying the parens patriae concept to protect disabled victims. The Court interpreted Section 4 to require notice to victims before any settlement, though individual consent was not mandatory. Public notice through mass media was deemed sufficient. The representative suit provisions of CPC were held inapplicable to suits under this Act. The Court directed that claims be determined by quasi-judicial authorities with judicial appeals, ensuring proper compensation determination. Petitions challenging the Act&#039;s validity were disposed of, affirming the legislative framework for processing Bhopal disaster claims.</description>
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    <pubDate>Fri, 22 Dec 1989 00:00:00 +0530</pubDate>
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      <title>1989 (12) TMI 349 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=182054</link>
      <description>The SC upheld the constitutional validity of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, rejecting challenges under Articles 14, 19(1)(g), and 21. The Court held that the Act&#039;s differentiation of gas leak victims as a special class warranting distinct treatment was constitutionally permissible, having rational nexus with the intended objective. The Act validly empowered the Central Government to substitute victims in litigation against multinational corporations, applying the parens patriae concept to protect disabled victims. The Court interpreted Section 4 to require notice to victims before any settlement, though individual consent was not mandatory. Public notice through mass media was deemed sufficient. The representative suit provisions of CPC were held inapplicable to suits under this Act. The Court directed that claims be determined by quasi-judicial authorities with judicial appeals, ensuring proper compensation determination. Petitions challenging the Act&#039;s validity were disposed of, affirming the legislative framework for processing Bhopal disaster claims.</description>
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      <pubDate>Fri, 22 Dec 1989 00:00:00 +0530</pubDate>
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