Tribunal (Tribunal for
short) on the basis of strict liability propounded in
Rylands vs. Fletcher (1861-1873 All England Reports 1)?
The Tribunal dismissed ... such accident? This question depends upon how far the Rule
in Rylands vs. Fletcher (supra) can apply in motor accident
cases. The said Rule
historic judgment of Blackburn, J. of the British
High Court in Rylands v. Fletcher 1866 LRI Ex 265.
19. Before this decision the accepted legal ... traced
back to Blackburn, J's historic decision in Rylands vs. Fletcher (supra).
22. The facts in that case were that the defendant
Indian Council For Enviro-Legal Action ... vs Union Of India And Ors.Etc on 13
controversy whether Article 36 could apply to rule laid down
in Rylands v. Fletcher' raises a question of general
importance which required ... main question involved is that of
limitation and whether the rule in Rylands v.
Fletcher', would result in invoking the
provisions of Article
Fletcher rests. There is difficulty in distinguishing
non-natural and natural user.
Rylands v. Fletcher, L.R. 3 H.L. 300, inapplicable.
Richards v. Lothian ... distinguished.
Held (per Mudholkar. J.): (i) The rule in Rylands v.
Fletcher applies only if the defendant brings or accumulates
on his own land something
such industry, persons die
or are injured. Does the rule in Rylands
v. Fletcher ... other principle on which
the liability can be determined? The
rule in Rylands v. Fletcher was evolved
in the year 1866 and it provides that
State of Bihar (1983) 4 SCC 141.
APPLICATION OF RULE IN RYLAND VS. FLETCHER
50. The principle of liability without fault was enunciated in Ryland ... restricted to non- natural users.
51. To oppose the application of Ryland Vs. Fletcher rule the only
submission advanced by respondent no. 5 before
some extent as coming within the principle of liability defined in Rylands v. Fletcher (1868) LR 3 HL 330. From the point of view ... such accident? This question depends upon how far the rule in Rylands v. Fletcher 1861-73 All ER 1, can apply in motor accident cases
said to have originated from the historic judgment of Blackburn, J. in. Rylands v. Fletcher, (1866) LRI Ex 265.
14. Before this decision the accepted ... traced back to Blackburn, J's historic decision in Rylands v. Fletcher (supra).
17. The facts in that case were that the defendant
Other cases of strict liability" as under: -
"The rule in Rylands v. Fletcher (1868LR 3 HL 330), damage by fire and, in some ... over more than a century from the time the famous case of Rylands v. Pletcher came to be decided by the House of Loords
