18, February 2019 Important Supreme Court Judgments
1. Tamil Nadu Polution Control Board v. Sterlite Industries (i) Ltd.
Environmental Law – The National Green Tribunal Act, 2010 – The Air (Prevention and Control of Pollution) Act, 1981 – Water (Prevention and Control of Pollution) Act, 1974 – Section 18 – the State Government order made under Section 18 of the Water Act, not being the subject matter of any appeal under Section 16 of the NGT Act, cannot be “judicially reviewed” by the NGT. The NGT has no general power of judicial review akin to that vested under Article 226 of the Constitution of India possessed by the High Courts of this country.
2. MMTC Ltd. v. M/s. Vedanta Ltd.
The Arbitration and Conciliation Act, 1996 – Section 34 – The Court does not sit in appeal over the arbitral award and may interfere on merits on the limited ground provided under Section 34(2)(b)(ii), i.e. if the award is against the public policy of India.
3. C.B.I. New Delhi v. B.B. Agarwal
The Code of Criminal Procedure, 1973 – Section 482 – The Indian Penal Code, 1860 – Section 120B read with Sections 409, 420, 468, 471 – The Prevention of Corruption Act, 1988 – Section 13(2) read with Section 13(i) (c) and (d) – there is no criminality issue surviving qua those accused, who are alive so as to allow the prosecuting agency to continue with the criminal trial on merits. Indeed, it would be an abuse of process, as was rightly held by the High Court to which we concur.
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