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7 Important Supreme Court Cases Pronounced Today [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.

Petitioner's Advocate : Pooja Dhar
Judgment By : Hon'ble Mr. Justice A. K. Sikri


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.



Petitioner's Advocate : Revathy Raghavan
Respondent's Advocate : Vijay Kumar
Bench : Hon'ble Mr. Justice N. V. Ramana, Hon'ble Mr. Justice Mohan M. Shantanagoudar
Judgment By : Hon'ble Mr. Justice N. V. Ramana

3. Vice Chancellor Ranchi University v. Jharkhand State Housing Board

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - the writ petitioners could exercise their right of occupation qua the University only during their service tenure subject to fulfillment of the requisite terms and conditions and their right of occupation was terminable on their service tenure coming to an end. The day on which their services came to an end, whether due to their tendering the resignation, or on attaining the age of superannuation or for any other reasons, their right to continue in occupation of the flats came to an end. Their possession in the flats became unlawful and unauthorized. They were under contractual and legal obligation to handover vacant and peaceful possession of the flats to their employer i.e. the University so as to enable the University to allot the flats to other employees who were eligible for allotment.

Petitioner's Advocate : Gopal Prasad
Respondent's Advocate : Manoj Swarup And Co. 
Bench : Hon'ble Mr. Justice Abhay Manohar Sapre, Hon'ble Ms. Justice Indu Malhotra
Judgment By : Hon'ble Mr. Justice Abhay Manohar Sapre

4. 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 out.



Petitioner's Advocate : V. P. Appan
Respondent's Advocate : Garvesh Kabra
Bench : Hon'ble Mr. Justice Abhay Manohar Sapre, Hon'ble Ms. Justice Indu Malhotra
Judgment By : Hon'ble Mr. Justice Abhay Manohar Sapre

5. 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.

Petitioner's Advocate : T. Mahipal
Bench : Hon'ble Mr. Justice Abhay Manohar Sapre, Hon'ble Ms. Justice Indu Malhotra
Judgment By : Hon'ble Ms. Justice Indu Malhotra

6. 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.

Petitioner's Advocate : Rakesh K. Sharma
Bench : Hon'ble Mr. Justice A. K. Sikri, Hon'ble Mr. Justice Ashok Bhushan
Judgment By : Hon'ble Mr. Justice A. K. Sikri

7. Ajit Kr. Bhuyan v. Debajit Das

Service Law - Promotion - Whether the promotion of respondent No.1 to the ex-cadre post of Executive Engineer, and encadrement thereof subsequently, is illegal? - Whether the delay and laches will come in the way of appellant No.3 in challenging the order of promotion of respondent No.1 - Whether the Government was right in conducting an inquiry when the writ petitions were pending before the Court and whether subsequent demotion of respondent No.1 to the ex-cadre post of Executive Engineer is illegal?



Petitioner's Advocate : Dharmendra Kumar Sinha
Respondent's Advocate : A. Radhakrishnan
Bench : Hon'ble Mr. Justice A. K. Sikri, Hon'ble Mr. Justice Ashok Bhushan
Judgment By : Hon'ble Mr. Justice A. K. Sikri

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