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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.

V IMP :::: Will–Joint and Mutual Will—Survivor after death of other testator during his life time can deal as absolute owner of the property but when he dies, he is to bequeath what is left in the manner agreed upon between both the testators originally. Will—Intention of Testator—Court is not entitled to ignore clear words or add something of its own or dilute the meaning of any clear word used in the Will.

(2017) 173 AIC 224 : (2017) AIR(SCW) 1473 : (2017) AIR(SC) 1473 : (2017) AllSCR 685 : (2017) 122 ALR 470 : (2017) 3 AndhLD 128 : (2017) 2 ApexCourtJudgments(SC)…

“It is therefore held that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the same person. Justice must not only be done, but must appear to be done also.”

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION HEAD NOTE: The Court also noted that in a case like this with a reverse burden of proof, if the informant police official is himself carrying out…

V IMP ::: Motor Vehicles Act, 1988, S.166–Accident–Refund of excess amount paid-During appeal before High Court 80% of award by Tribunal was disbursed-High Court had reduced amount awarded by Tribunal and granted liberty to recover excess amount—However, in appeal Supreme Court enhanced the amount to some extend but was less than award of Tribunal-Supreme Court dismissed the appeal for refund of excess amount by exercising its jurisdiction under Art. 142

(2017) 175 AIC 265 : (2017) AllSCR 841 : (2017) 124 ALR 523 : (2017) 1 AnWR 436 : (2017) 2 ApexCourtJudgments(SC) 249 : (2017) 2 BBCJ 8 : (2017)…

Civil Procedure Code, 1908, O.41 R.23 and O.26 R.9–Remand of Case-Suit for declaration—Claim for ownership and possession in booth sites allotted by society-Having regard to the rival contentions of the parties claiming to be in possession, case remanded to trial court to appoint a Commissioner to get a report as to the location of the disputed sites and their physical features and other relevant facts and decide afresh.       

(2017) 174 AIC 62 : (2017) AIR(SCW) 1341 : (2017) AIR(SC) 1341 : (2017) 123 ALR 271 : (2017) 1 ARC 768 : (2017) 1 BBCJ 421 : (2017) 2…

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