Supreme Court of India Judgements

46448 Judgements hosted as on 05/05/2024 - Search (FREE), Subscribe, Read & Download

Category: Electricity Act

Electricity Act

Electricity Act, 2003 – Section 125 – Electricity Supply Act, 1948 – Section 43(A) – Determination of tariff for sale of electricity by the generating company to the Electricity Boards – Agreement between the parties was that interest on the sum of Rs. 53.90 crores was payable for the specified period 01.07.2003 to 31.12.2009 -Therefore, CLP’s claim that any amount was payable, for any period prior to 01.07.2003, was not tenable

May 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH CLP INDIA PRIVATE LIMITED — Appellant Vs. GUJARAT URJA VIKAS NIGAM LTD AND ANOTHER — Respondent ( Before : Arun Mishra, Vineet Saran and…

Electricity Act

Electricity Act, 2003 – Section 56 – Disconnection of supply – Disconnection of supply is special power given to the supplier in addition to the normal mode of recovery by instituting a suit – HELD Once that plea for instalment payment was accepted and agreement was entered into for clearing the dues, it demonstrated willingness to pay on the part of the company of the dues in a manner acceptable to the appellant Board – Such plea of the company was accepted after keeping the matter pending for a long time – High Court was right in giving its finding that the act of disconnection was arbitrary – Appeals dismissed. Decided on : 27-04-2020

Apr 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH BIHAR STATE ELECTRICITY BOARD ETC. — Appellant Vs. M/S ICEBERG INDUSTRIES LTD. AND OTHERS ETC. — Respondent ( Before : Deepak Gupta and…

Electricity Act

Electricity Act, 2003 – Levy of wheeling charges – Transmission licence – It was contended on behalf of HPCL that 110 kV HPCL line is a transmission line – The metering for HPCL is done at TPC-D sub-station which is admittedly a transmission asset – The CEA Regulations 2010, the Maharashtra Electricity Regulatory Commission (Transmission Open Access) Regulations, 2016 and the Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2016 provide for demarcation between the transmission and distribution boundaries on the basis of voltage – The Tribunal erred in ignoring the said Regulations while holding that 2×110 kV lines are part of the distribution system HELD Tribunal judgement set aside, remitted for fresh adjudication.

Apr 3, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAI WARDHA POWER GENERATION LIMITED — Appellant Vs. THE TATA POWER COMPANY LIMITED DISTRIBUTION AND OTHERS — Respondent ( Before : L. Nageswara Rao…

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Constitution Service

Judicial Services – Judicial Appointment – Minimum qualifying marks in the viva voce test for appointment to the District Judiciary in the States of Bihar and Gujarat – The petitioners argue that the prescription of minimum qualifying marks for viva voce is arbitrary and unreasonable and violates their fundamental rights under Articles 14 and 16 of the Constitution – The respondents argue that the selection process is legally valid and in accordance with the relevant rules and regulations – The court concludes that the prescription of minimum qualifying marks for viva voce is permissible and is not in violation of the law laid down by the Supreme Court in All India Judges Association and Others vs. Union of India and Others – The court also finds that the impugned selection process in the State of Bihar and Gujarat is legally valid and is upheld – The court further concludes that the non-consultation with the Public Service Commission would not render the Gujarat Rules, 2005 (as amended in 2011) void – The writ petitions are dismissed without any order on cost.

May 11, 2024 sclaw
Matrimonial

Hindu Marriage Act, 1955 – Section 13(1)(ia) – Divorce based on irretrievable breakdown of marriage – Ground of Irretrievable Breakdown – The court recognized irretrievable breakdown of marriage as a valid ground for divorce, even though it is not explicitly mentioned in the Hindu Marriage Act, 1955 – This expands the scope of grounds for divorce and provides a more compassionate approach to ending a marriage that has irreparably broken down.

May 11, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Sections 302 – Murder of Wife – The court held that the prosecution successfully established the guilt of the appellant beyond a reasonable doubt – The court pointed out that the incident occurred inside the appellant’s house, and the deceased was found in a pool of blood- The court also noted that the appellant failed to disclose the involvement of any unknown intruders to the police – The court rejected the defence’s argument that the incident was a result of a sudden fight, stating that the appellant took undue advantage and acted in a cruel manner.- The court applied Section 106 of the Indian Evidence Act, which places the burden of proof on the person who claims to have special knowledge of the facts.The case was based on circumstantial evidence, and the court found the appellant guilty of murder – False Explanation – The appellant’s false explanation regarding the incident was considered an additional incriminating circumstance.

May 11, 2024 sclaw
Cr P C

Penal Code, 1860 (IPC) – Sections 323, 406, 498A and 506 – Cruelty – Quashing of Chargesheet based on an FIR lodged by the appellant’s wife – The main issue is whether the criminal proceedings against the appellant should be quashed based on the allegations of dowry harassment and cruelty – The appellant argues that the FIR is vague, general, and lacks specific instances of criminal conduct – It is claimed to be a counterblast to a divorce petition and a domestic violence case, with an unexplained delay in filing the FIR indicating malice – The respondent contends that the allegations in the FIR disclose a cognizable offence and the truthfulness of these allegations should be determined by the trial court – The Supreme Court quashed the criminal proceedings, finding them to be an abuse of process and a travesty of justice – The Court reasoned that the allegations were made with an oblique motive and that continuing the proceedings would be unjust – The Court applied the principles from previous cases, emphasizing the need to scrutinize allegations in matrimonial disputes carefully and to prevent misuse of legal provisions – The Court concluded that the inherent power under Section 482 of the Cr.P.C. should have been exercised by the High Court to quash the proceedings and called for a relook at the relevant legal provisions to address the pragmatic realities of matrimonial disputes.

May 11, 2024 sclaw