Supreme Court of India Judgements

47270 Judgements hosted as on 02/07/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Electricity Act

Electricity Act

Electricity Act, 2003 — Punjab State Grid Code, 2013 — Misdeclaration of Declared Capacity — Penalties — Section 32 and Regulation 11.3.13 — Strict Liability — Failure to demonstrate declared capacity upon request by SLDC leads to penalty, irrespective of mens rea or motive to make money — Appellants’ argument that mens rea is required for misdeclaration was considered and found to be incorrect for failure to demonstrate declared capacity — The Supreme Court’s reasoning for setting aside the APTEL’s order — Appeals allowed.

May 23, 2026 sclaw

2026 INSC 515 SUPREME COURT OF INDIA DIVISION BENCH PUNJAB STATE POWER CORPORATION LIMITED Vs. TALWANDI SABO POWER LIMITED AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran,…

Electricity Act

Electricity Act, 2003 — Section 61(d), Section 62, Section 125 — Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) Regulations, 2011 — Regulation 6.32, Regulation 4.1 — Capital Cost Recovery — Depreciation — Consumers’ Interest — The Electricity Act mandates that tariff determination must safeguard consumer interests and allow reasonable cost recovery — Depreciation recovery for a power plant cannot extend beyond the period for which electricity was actually supplied to consumers or the approved operational period under a Power Purchase Agreement (PPA), even if the plant has a longer technical useful life

May 8, 2026 sclaw

2026 INSC 461 SUPREME COURT OF INDIA DIVISION BENCH DELHI ELECTRICITY REGULATORY COMMISSION Vs. TATA POWER DELHI DISTRIBUTION LIMITED ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ. )…

Electricity Act

Electricity Act, 2003 — Section 61, 86 — Tariff determination and Generation Based Incentive (GBI) — State Electricity Regulatory Commission (SERC) has exclusive power to determine tariff — Ministry of New and Renewable Energy (MNRE) introduced GBI to incentivise renewable energy generation — GBI is intended to be over and above the tariff fixed by SERC — SERC must consider GBI while determining tariff, but not necessarily deduct it — SERC’s power to determine tariff includes considering incentives — Parliament’s allocation of funds for GBI does not prevent SERC from considering it in tariff — SERC must exercise its power harmoniously with other stakeholders to achieve policy objectives.

Mar 29, 2026 sclaw

2026 INSC 294 SUPREME COURT OF INDIA DIVISION BENCH SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED AND ANOTHER Vs. GREEN INFRA WIND SOLUTIONS LIMITED AND ANOTHER ( Before :…

Electricity Act

[Bombay Electricity Duty Act, 1958, S. 5A] – State Government can withdraw electricity duty exemptions, provided it’s reasonable, fair, and not arbitrary or discriminatory. [Bombay Electricity Duty Act, 1958, S. 5A] – Withdrawal of electricity duty exemption requires reasonable notice to industries structured around the concession.

Mar 29, 2026 sclaw

2026 INSC 296 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MAHARASHTRA AND OTHERS Vs. RELIANCE INDUSTRIES LTD. AND OTHERS ( Before : Pamidighantam Sri Narasimha and Alok Aradhe,…

Electricity Act

Power Purchase Agreement (PPA) / Power Supply Agreement (PSA) — Interpretation of Contract — Surrounding Circumstances — Evidence Act, 1872, Sections 92, 94, 95 — Contractual terms can be clarified by attending circumstances and conduct of parties, even if contract is reduced to writing, to give meaning to terms that may otherwise be meaningless or unworkable.

Mar 4, 2026 sclaw

2026 INSC 202 SUPREME COURT OF INDIA FULL BENCH WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD. Vs. ADHUNIK POWER AND NATURAL RESOURCE LTD. AND OTHERS ( Before : Surya Kant,…

Electricity Act

Electricity Law — Power Purchase Agreement (PPA) — Commercial Operation Date (COD) — Firm Power vs. Infirm Power — Payment of Fixed Charges — Applicability of Regulations — Dispute regarding whether power supplied by generating company (respondent) to distribution licensee (appellant) during the relevant period (29.10.2005 to 30.06.2006) should be treated as “firm power” entitling the respondent to fixed charges, or “infirm power” entitling only variable charges — TNERC and APTEL concurrently found in favour of the generating company, holding the power supply was firm power — Supreme Court upheld the finding that continuous power supply from the gas turbine open cycle during the relevant period was “firm power” as per electricity regulations, notwithstanding the PPA’s definition of COD tied to the combined cycle project completion. (Paras 2, 29, 31, 37)

Dec 17, 2025 sclaw

2025 INSC 1439 SUPREME COURT OF INDIA DIVISION BENCH TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD. Vs. M/S PENNA ELECTRICITY LIMITED ( Before : J. B. Pardiwala and K. V.…

Acquittal Electricity Act

Electricity Act, 1910 — Sections 39 and 44 — Theft of energy and interference with meters — Prosecution’s case based on alleged tampering of meter box with holes leading to reduced meter readings — Evidence from prosecution witnesses found to be based on estimation, presumption, approximation or possibilities, not on concrete proof — Lack of direct evidence showing accused tampering with the meter box or using artificial means for theft — Failure of prosecution to prove dishonest abstraction or consumption of electricity and malicious injury or fraudulent alteration of meter index beyond reasonable doubt — High Court’s reversal of acquittal by Trial Court found to be erroneous

Oct 11, 2025 sclaw

2025 INSC 1206 SUPREME COURT OF INDIA DIVISION BENCH MAHAVEER Vs. STATE OF MAHARASHTRA AND ANOTHER ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. ) Criminal Appeal Nos.…

Electricity Act

Electricity Regulatory Commissions Act, 1998 — Electricity Act, 2003 —Tariff Determination — Supplementary PPA — Execution of Supplementary PPA and Stipulation of Enhanced Tariff without Seeking Commission’s Approval and Review is Unlawful — Parties are Bound to Approach Commission for Approval.

Aug 31, 2025 sclaw

2025 INSC 1057 SUPREME COURT OF INDIA DIVISION BENCH M/S. KKK HYDRO POWER LIMITED Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED AND OTHERS ( Before : Sanjay Kumar and N.V.…

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Constitution

Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.

Jul 2, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.

Jul 2, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.

Jun 26, 2026 sclaw