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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 Sarva Shiksha Abhiyan (SSA) — Engagement of para-teachers on contract basis — Part of Government of India’s flagship program for universal elementary education — Aimed to address human resource gaps in employing teachers — Jharkhand Education Project Council responsible for implementation in Jharkhand — Para-teachers engaged since 2002 — Primarily vehicle for Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 — Applicability — Interpretation of delay in initiating proceedings — While delay is generally discouraged, it may not be fatal in cases of beneficial legislation aimed at protecting Scheduled Castes and Scheduled Tribes lands, especially when parties to the original transaction are privy to the proceedings. Arbitration and Conciliation Act, 1996 — Section 11(6) — Privity of Contract — Collaborator invoked arbitration clause — High Court rejected petition claiming no privity of contract — Supreme Court granted leave and held Collaborator as veritable party with joint and several liability. Penal Code, 1860 (IPC) — Section 498A — Cruelty by husband or relatives of husband — For the conviction under Section 498A, the prosecution must prove beyond reasonable doubt that the accused caused mental or physical cruelty to the woman. In this case, the evidence presented by the prosecution regarding dowry demands and cruelty was found to be contradictory and uncorroborated by independent witnesses. Therefore, the conviction of the appellant under Section 498A IPC was set aside.

Thus, there can be no manner of dispute that a plaintiff can claim title to the property based on adverse possession – Plea of adverse possession can be used both as an offence and as a defence i.e. both as sword and as a shield. Appeal allowed.Ravinder Kaur Grewal & Ors. v. Manjit Kaur & Ors. Followed

SUPREME COURT OF INDIA DIVISION BENCH KRISHNAMURTHY S. SETLUR (D) BY LRS. — Appellant Vs. O. V. NARASIMHA SETTY (D) BY LRS. — Respondent ( Before : Deepak Gupta and…

Specific Relief Act, 1963 – Section 20(2)(c) – Suit for specific performance – Agreement to sell – To take benefit of clause (c) of sub­section (2) of Section 20 of the Specific Relief Act, the defendant in a suit for specific performance must show that he entered into the contract under the circumstances which though rendering the contract voidable, make it inequitable

SUPREME COURT OF INDIA DIVISION BENCH LEELADHAR (D) THR. LRS. — Appellant Vs. VIJAY KUMAR (D) THR. LRS. AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…

Bombay Tenancy and Agricultural Lands Act, 1948 – Section 27(1) – Karnataka Land Reforms Act, 1961 – Sections 21 and 48-A – Grant of occupancy rights – Cultivatory possession – Will is not hit by the embargo, whether that contained in Section 27(1) of the Act of 1948 or in Section 21 of the Act of 1961.

SUPREME COURT OF INDIA DIVISION BENCH  KANNA TIMMA KANAJI MADIWAL (D) THROUGH LRS. — Appellant Vs. RAMACHANDRA TIMMAYA HEGDE (D) THROUGH LRS AND OTHERS — Respondent ( Before : A.M.…

Maharashtra Cooperative Societies Act, 1960 – Sections 22, 91 and 97 – Allotment of plot -Allotment of Plot No.2 in favour of the Appellant was illegal and that the Resolution passed by the Society in its meeting dated 25.03.1990 and the sale deed executed by the Society on 25.04.1989 were required to be quashed, are absolutely correct and fully justified – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH  SHIVKISHAN — Appellant Vs. SUJATA TARACHAND MAKHIJA AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Civil Appeal…

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) – Sections 8, 15, 42 and 52 – Non-production of contraband – Appeal against acquittal – If the seizure of the material is proved on record and is not even doubted or disputed the entire contraband material need not be placed before this Court.

SUPREME COURT OF INDIA DIVISION BENCH  STATE OF RAJASTHAN — Appellant Vs. SAHI RAM — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Criminal Appeal No.…

Customs Act, 1962 – Sections 18 and 130E – Customs Tariff Act, 1975 – Section 16 – Customs Valuation (Determination of Price of Imported Goods) Rule, 1988 – Rules 9 and 9(1)(b) – Import activity – The value of the software and the concerned services were therefore rightly included and taken as part of the importation. Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH  INDUSIND MEDIA AND COMMUNICATIONS LTD — Appellant Vs. COMMISSIONER OF CUSTOMS, NEW DELHI — Respondent ( Before : Uday Umesh Lalit and Vineet Saran,…

Penal Code, 1860 (IPC) – Sections 302, 323 and 324 – Murder – Appeal against conviction and sentence – accused should have known that hitting the deceased on the head with a sickle with great force causing fracture of the skull, is dangerous & would have imminently caused death. Appeal dismissed

SUPREME COURT OF INDIA DIVISION BENCH  GURU @ GURUBARAN AND OTHERS — Appellant Vs. STATE REP. BY INSP. OF POLICE — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…

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