Power Purchase Agreement – Adani Power Mundra Limited – the finding of the CERC and the learned APTEL is to the effect that AP(M)L would not be entitled to any benefit of Change in Law beyond 70% of the installed capacity i.e. 1386 MW – Findings cannot be said to not be based on the material on record, or based on extraneous considerations.
SUPREME COURT OF INDIA DIVISION BENCH UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANOTHER — Appellant Vs. ADANI POWER (MUNDRA) LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai…
Power Project Agreement – Compensation on account of ‘Change in Law’ – What has been granted under the said methodology is the additional cost of transport which APML would be required to incur for transporting the coal from other locations on account of deallocation of Lohara Coal Blocks – No reason to interfere with the said finding with regard to methodology of arriving at the compensation payable on account of ‘Change in Law’ event.
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…
Power Purchase Agreement – When the PPA itself provides a mechanism for payment of compensation on the ground of ‘Change in Law’, unwarranted litigation, which wastes the time of the Court as well as adds to the ultimate cost of electricity consumed by the end consumer, ought to be avoided
SUPREME COURT OF INDIA DIVISION BENCH GMR WARORA ENERGY LIMITED — Appellant Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION (CERC) AND OTHERS — Respondent ( Before : B.R. Gavai and Vikram Nath,…
Lawyers’ Strikes – No member of the Bar can go on strike and/or abstain himself from court working – High Courts to constitute Grievance Redressal Committee in their respective High Courts which may be headed by the Chief Justice
SUPREME COURT OF INDIA DIVISION BENCH DISTRICT BAR ASSOCIATION DEHRADUN — Appellant Vs. ISHWAR SHANDILYA AND OTHERS — Respondent ( Before : M.R. Shah and Ahsanuddin Amanullah, JJ. ) M.A.…
Income Tax Act, 1961 – Section 260A – Determination of arm’s length price – there cannot be any absolute proposition of law that in all cases where the Tribunal has determined the arm’s length price the same is final and cannot be the subject matter of scrutiny by the High Court in an appeal under Section 260A of the IT Act
SUPREME COURT OF INDIA DIVISION BENCH SAP LABS INDIA PRIVATE LIMITED — Appellant Vs. INCOME TAX OFFICER, CIRCLE 6, BANGALORE — Respondent ( Before : M.R. Shah and M.M. Sundresh,…
Lease deed was to be compulsorily registered under Section 17 of the Registration Act, 1908, it cannot open to be altered or amend by the High Court in exercise of its jurisdiction under Article 226 of the Constitution.
SUPREME COURT OF INDIA DIVISION BENCH GWALIOR DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. BHANU PRATAP SINGH — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. )…
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Appeal against – possession of the land in question was taken over on 14.07.1987, there shall not be any deemed lapse of acquisition as observed and held by the High Court. Under the circumstances, the impugned judgment and order passed by the High Court is unsustainable – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH LAND ACQUISITION COLLECTOR (SOUTH) — Appellant Vs. HARI CHAND AND ANOTHER — Respondent ( Before : M.R. Shah and Ahsanuddin Amanullah, JJ. ) Civil…
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Appeal against – – the possession of the land in question was taken over on 21.04.2006, there shall not be any deemed lapse of acquisition as observed and held by the High Court. Under the circumstances, the impugned judgment and order passed by the High Court is unsustainable – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. SHIV RAJ AND OTHERS — Respondent ( Before : M.R. Shah And Ahsanuddin Amanullah, JJ. ) Civil Appeal…
Tender Process – Action of imposing the penalty without putting notice to party cannot be approved.
SUPREME COURT OF INDIA DIVISION BENCH ISOLATORS AND ISOLATORS THROUGH ITS PROPRIETOR MRS. SANDHYA MISHRA — Appellant Vs. MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN CO. LTD. AND ANOTHER — Respondent…
Consumer Protection Act, 1986 – Section 2(d) – For award of compound interest – award of compound interest in the present case had neither any foundation in the record nor any backing in law nor the Consumer Fora took care to examine the contours of their jurisdiction and the requirements of proper assessment, if at all any compensation and/or punitive damages were sought to be granted. The impugned orders are difficult to be sustained.
SUPREME COURT OF INDIA DIVISION BENCH M/S SUNEJA TOWERS PRIVATE LIMITED AND ANOTHER — Appellant Vs. ANITA MERCHANT — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. )…







