Important Supreme Court Judgment Pronounced [Tuesday, October 23, 2018]

Important Supreme Court Judgment Pronounced [Tuesday, October 23, 2018]



1. Arjun Gopal v. Union of India

Environmental Law – Air Pollution – Firecrackers – Specific Directions are Issued – The crackers with reduced emission (improved crackers) and green crackers only would be permitted to be manufactured and sold.

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2. Govindammal v.  Vaidiyanathan

Res Judicata – Applicability of the doctrine of between co-­defendants – the following four conditions must be satisfied, namely, (1) there must be a conflict of interest between the defendants concerned; (2) it must be necessary to decide the conflict in order to give the reliefs which the plaintiff claims; (3) the question between the defendants must have been finally decided; and (4) the co­defendants were necessary or proper parties in the former suit.

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3. Rajendra Singh v. State of Uttar Pradesh

Penal Code, 1860 – S. 302 – Arms Act, 1959 – Ss. 25 & 27 – Criminal Procedure Code, 1973 – Remission – the appellant has so far undergone more than 14 years of jail sentence and he still remains in Jail undergoing his sentence – if that were the case then the State can be directed to consider the appellant’s case for his remission in terms of the relevant provisions of the Cr.P.C. read with Rules – the appellant is eligible for his release by the State in terms of the Rules in accordance with law depending upon a case made out by him. The State can always pass appropriate orders on appellant’s release provided a case to that effect as provided in the Rules is made outside.

4. Supertech Ltd. v. Rajni Goyal

Consumer Protection Act, 1986 – Ss. 21 & 23 – Flat – Delivery of Possession – Completion Certificate – Full Occupancy Certificate – The Purchaser ought not to be allowed to reap the benefits of own delay in taking possession.

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5. Transmission Corporation of Andhra Pradesh v. Equipment Conductors and Cables

Company Law – Insolvency and Bankruptcy Code, (IBC) 2016 – Section 9 – Insolvency and Bankruptcy (AAA) Rules, 2016 – Rule 6 – National Company Law Tribunal (NCLT) – Corporate Insolvency Resolution Process (CIRP) – Application for initiation of corporate insolvency resolution process by operational creditor – IBC is not intended to be substitute to a recovery forum – whenever there is existence of real dispute, the IBC provisions cannot be invoked.

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