Supreme Court of India Judgements

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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.
Electricity Act

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

May 8, 2026 sclaw
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
Electricity Act
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)
Education
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.
State Laws
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.
Arbitration
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.
Evidence Act

Dying Declaration—Need for Corroboration—Where the victim was administered sedative as pain killers before making the statement, the victim being in state of delusion cannot be ruled out—In such circumstance there is need for corroborative evidence for relying upon dying declaration.

May 12, 2019 sclaw

2019(2) Law Herald (SC) 1157 : 2019 LawHerald.Org 830 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S. A. Bobde Honble Mr. Justice Deepak Gupta Criminal Appeal Nos.…

Civil Cases

Benami Transactions—Financial Assistance—Merely because some financial assistance has been given by the father to the sons to purchase the properties, the transactions cannot be said to benami in nature. Benami Transactions—Intention of the person who contributed the purchase money is determinative of the nature of transaction–Source of money had never been the sole consideration—It is merely one of the relevant considerations but not determinative in character

May 12, 2019 sclaw

2019(2) Law Herald (SC) 1163 : 2019 LawHerald.Org 831 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M. R. Shah Civil Appeal…

Cheque Dishonour

Dishonour of Cheque—Friendly Loan—Failure of complainant to prove the source of funds for advancing loan to accused cannot be a ground rebutting the presumption u/s 139 N.I. and because of that burden of proof on accused to prove probable defence does not get shifted on complainant. Dishonour of Cheque—Rebuttable Presumption—By mere denial or mere creation of doubt the presumption u/s 139 N.I. act cannot be held to have been rebutted by the accused

May 5, 2019 sclaw

2019(2) Law Herald (SC) 1029 : 2019 LawHerald.Org 784 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…

C P C

Un­ necessary Amendment—Amendment was sought belatedly when suit was fixed for final arguments—Further, suit could still be decided even without there being any necessity to seek any amendment in the plaint—Application for amendment of plaint held to be rightly dismissed by Trial Court.   

May 5, 2019 sclaw

2019(2) Law Herald (SC) 1027 : 2019 LawHerald.Org 838 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre  Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…

Specific Performance

Agreement to Sell—Specific Performance—Plaintiff has to aver and prove his readiness and willingness—Merely because defendant has not taken any objection in their written statement in this regard is of no consequence Agreement to Sell—Specific Performance—Pleadings of plaintiff were essentially directed towards the existence and validity of the alleged agreement and the surrounding dealings of the parties; but is lacking in those material assertions on readiness and willingness on his part–Decree of sped fie performance declined. Second Appeal—Substantial Question of law—It cannot be laid down as a matter of rule that irrespective of the question/s formulated, hearing of the second appeal is open for any other substantial question of law, even if not formulated earlier

May 5, 2019 sclaw

2019(2) Law Herald (SC) 1017 : 2019 LawHerald.Org 783 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…

C P C

Specific Relief Act, 1963, S.34-Suit for declaration-Public Temple or Private Temple-Mahant of temple/Dera–The onus of proving that the appellant-Shri Ram Mandir falls within the description of private temple is on the appellant who is asserting that the temple is a private temple and that he is the Mahant of the temple

Apr 30, 2019 sclaw

2019(2) Law Herald (SC) 994 : 2019 LawHerald.Org 780 IN THE SUPREME COURT OF INDIA Before Hontile Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Civil Appeal No.…

You missed

Electricity Act

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

May 8, 2026 sclaw
Education

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)

May 8, 2026 sclaw
State Laws

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.

May 8, 2026 sclaw
Arbitration

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.

May 8, 2026 sclaw