Supreme Court of India Judgements

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Category: Electricity Act

Electricity Act

Long-term Power Purchase Agreements (“PPAs” for short) with Adani Power Maharashtra Limited HELD The CERC as well as the learned APTEL, on the interpretation of Articles 8.3.5 and 8.8.3 of the PPA, have concurrently found that the procurer had delayed the payment by not making the payment within the due date and, as such, GMR was entitled to late payment surcharge – Supreme court find no reason to interfere with the said concurrent findings of fact – Appeal dismissed.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED — Appellant Vs. ADANI POWER MAHARASHTRA LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai and Vikram…

Electricity Act

Electricity Act 2003 – Section 126 – Kerala Electricity Supply Code, 2014 – Regulation 153(15) – Consumers in excess of the connected load/contracted load would amount to unauthorised use of electricity under explanation (b) to Section 126(6) of the Act 2003 – Regulation 153(15) of the Code 2014 is declared to be invalid being inconsistent with the provision of Section 126 of the Act 2003.

Dec 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KERALA STATE ELECTRICITY BOARD AND OTHERS — Appellant Vs. THOMAS JOSEPH ALIAS THOMAS M. J. AND OTHERS — Respondent ( Before : Dinesh Maheshwari…

Electricity Act

Electricity Act, 2003 – Sections 61, 62 and 63 – Determination of tariff – – The Electricity Act 2003 seeks to distance the State Governments from the determination and regulation of tariff, placing such power completely within the ambit of the Appropriate Commissions

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH THE TATA POWER COMPANY LIMITED TRANSMISSION — Appellant Vs. MAHARASHTRA ELECTRICITY REGULATORY COMMISSION AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud,…

Electricity Act

Contract Act, 1872 – Sections 2 and 10 – Contract concluded – If the proposals containing the essential terms have been accepted, and the acceptance is communicated and, if the other conditions in Section 2 of the Indian Contract Act are complied with, viz., that is there is consideration and the contract is enforceable in law, within the meaning of Section 10 of the Act, it would lead to the creation of a concluded contract.

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH KARNATAKA POWER TRANSMISSION CORPORATION LIMITED — Appellant Vs. JSW ENERGY LIMITED (EARLIER KNOWN AS JINDAL THERMAL POWER COMPANY LIMITED AND JINDAL TRACTABEL POWER COMPANY…

Electricity Act

HELD there were several Inverters having numbers which were common/duplicate and interchangeably used in the same or other blocks. It was alleged that for about 186 Invertors serial numbers were commonly, duplicably and interchangeably used. Some of the inverter numbers were not legible. Therefore, it was alleged that there was lack of due diligence by the authorised personnel of the CEIG. Appeal dismissed

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M.P. POWER MANAGEMENT COMPANY LIMITED, JABALPUR — Appellant Vs. M/S. SKY POWER SOUTHEAST SOLAR INDIA PRIVATE LIMITED AND OTHERS — Respondent ( Before :…

Electricity Act

HELD It is not disputed that enhanced power tariff became effective from 1st January, 1992 and the Government of Kerala came with the GO dated 6th February, 1992 to provide exemption from enhanced power tariff to new industrial units starting commercial production between 1st January, 1992 and 31st December, 1996 for a period of 5 years from the date the unit started commercial production. . Appeal allowed

Nov 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KERALA STATE ELECTRICITY BOARD LIMITED AND ANOTHER — Appellant Vs. RUBFILA INTERNATIONAL LIMITED AND OTHERS — Respondent ( Before : Ajay Rastogi and C.T.…

Electricity Act

Electricity Act, 2003 – Section 14 – Grant of licence – requirements relating to the capital adequacy, creditworthiness, or code of conduct as may be prescribed by the Central Government, and no such applicant, who complies with all the requirements for grant of licence, shall be refused grant of licence on the ground that there already exists a licensee in the same area for the same purpose.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S. JINDAL STEEL AND POWER LIMITED — Appellant Vs. THE CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION AND OTHERS — Respondent ( Before : Ajay Rastogi…

Electricity Act

Power Purchase Agreement – Compounded interest – Change in Law – Adani Power is justified in stating that if the banks have charged it interest on monthly rest basis for giving loans to purchase the FGD, any restitution will be incomplete, if it is not fully compensated for the interest paid by it to the banks on compounding basis

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANOTHER — Appellant Vs. ADANI POWER (MUNDRA) LIMITED AND ANOTHER — Respondent ( Before : N.V. Ramana,…

Electricity Act

Electricity Act, 2003 – Sections 2, 2(8), 9 and 24(2) – A combined reading of Section 9 and Clause (8) of Section 2 of the said Act would reveal that a person is entitled to construct, maintain or operate a captive generating plant – Such a plant should be primarily for his own use

May 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH CHHATTISGARH STATE POWER DISTRIBUTION COMPANY LIMITED — Appellant Vs. CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION AND ANOTHER — Respondent ( Before : L. Nageswara Rao…

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Consumer

Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act.

Sep 2, 2025 sclaw
Service

Constitution of India, 1950 — Article 14, 39(d) and 43 — Equal pay for equal work — Contractual Assistant Professors performing identical duties as regularly appointed or ad-hoc Assistant Professors are entitled to the minimum pay scale of Assistant Professors.

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State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Chapter I-A — Slum Rehabilitation Schemes — Preferential right of landowner to redevelop — Section 3B(4)(e) and Section 13(1) confer a preferential right on the landowner to redevelop a Slum Rehabilitation Area (SR Area) — SRA can undertake redevelopment only if the landowner fails to come forward with a scheme within a reasonable time

Sep 2, 2025 sclaw
State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Sections 3C, 13, 14 — Waiver of preferential right — Waiver of landowner’s preferential right to redevelop requires clear and overt communication by the owner of intention not to exercise the right — Mere inaction or delay, particularly when the owner has consistently shown intent to redevelop, does not constitute waiver, especially if no invitation for redevelopment was issued.

Sep 2, 2025 sclaw