Supreme Court of India Judgements

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Category: Electricity Act

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…

Electricity Act

Constitution of India, 1950 – Article 12 – Electricity Act, 2003 – Sections 61, 62, 84 and 86(1)(b) – Andhra Pradesh Electricity Reform Act, 1998 – Section 21 – Withdrawal of petition for grant of approval of Power Purchase Agreement (PPA) – – Appellants (DISCOMS) could not be permitted to change the decision at their whims and fancies and, particularly, when it is adversarial to the public interest and public good – APTEL has rightly held that the appellants-(DISCOMS) could not have been permitted to withdraw petition.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOUTHERN POWER DISTRIBUTION POWER COMPANY LIMITED OF ANDHRA PRADESH (APSPDCL) AND ANOTHER — Appellant Vs. M/S HINDUJA NATIONAL POWER CORPORATION LIMITED AND ANOTHER —…

Electricity Act

Maharashtra Electricity Duty Act, 2016 – Section 3(2) – Levy of electricity duty on educational charitable institutions- Other than the State Government, Central Government and the local bodies and the Government hostels, no exemption from payment of electricity duty has been provided – Charitable education institutions registered under the provisions of the Societies Registration Act and/or under the Maharashtra Public Trusts Act, are not entitled to any exemption

Jan 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MAHARASHTRA — Appellant Vs. SHRI VILE PARLE KELVANI MANDAL AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna,…

Electricity Act

Electricity Act, 2003 – Sections 9 and 42(4) – Captive consumers/captive users – Liability to pay additional surcharge – HELD – In the case of the captive consumers/captive users, they have also to incur the expenditure and/or invest the money for constructing, maintaining or operating a captive generating plant and dedicated transmission lines – Therefore, as such the Appellate Tribunal has rightly held that so far as the captive consumers/captive users are concerned, the additional surcharge under sub-section (4) of Section 42 of the Act, 2003 shall not be leviable.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LIMITED — Appellant Vs. M/S. JSW STEEL LIMITED AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv…

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