Driving Reforms and Redefining Leadership: In conversation with Sudhaker Shukla
Interviewed by Nitya Nandan Garg
Electricity Act
2024 SCC Vol. 6 Part 3
Arbitration and Conciliation Act, 1996 — Ss. 8 and 11 — Arbitrability of dispute — Determination of — Reference to arbitration for
Income Tax on Compulsory Acquisition Under the NHAI Act
by Somesh Jain*
Onus of proof is on prosecution to prove beyond reasonable doubt that electricity meter is dishonestly damaged for electricity theft: Delhi High Court
“Even assuming the recorded consumption to be lesser than the average computed consumption of electricity, it can at best raise a doubt against the respondent; it cannot act as a proof beyond reasonable doubt to hold that the respondent has dishonestly tampered with the meter.”
Legal and authorized ‘occupier’ of premises including tenant cannot be deprived of basic amenities like electricity connection | Allahabad HC
Allahabad High Court clarified that if the decree of eviction is set aside, recalled, or stayed, the tenants may remain entitled to apply for connection in accordance with law.
2024 SCC Vol. 2 Part 4
M.P. Municipal Corporation Act, 1956 (23 of 1956) — S. 132(6)(l) — Tax on advertisement: Law clarified on requisites for levy of
Assessing Officer-IV a part of the inspection team? Calcutta High Court remands matter for re-evaluation under Electricity Act, 2003
“A decision-maker is insisted on recording reason in support of his decision to ensure transparency in decision-making process. When any order is subject to appeal or amenable to judicial review, then such order must be reasoned and speaking order.”
2024 SCC Vol. 1 Part 2
Reservation, Concession, Exemption, Relaxation and Affirmative Action — Caste/Tribe Certificate: Matters to be considered while determining whether cancellation of caste certification is
Overloading includes “unauthorised use of electricity” under Electricity Act; Delhi High Court reiterates
In Southern Electricity Supply Co. of Orissa Ltd. v. Sri Seetaram Rice Mill, (2012) 2 SCC 108, Supreme Court held that where a consumer has used excessive load as against the installed load simpliciter and there is violation of the terms and conditions of supply, then, the case would fall under Section 126 of Electricity Act, 2003.
IBC overrides Electricity Act; Supreme Court explains hierarchy for settling dues in insolvency cases
In the case at hand, PVVNL had argued that the rights of electricity suppliers were not subordinate and subject to the ‘priority of claims’ mechanism under the IBC.
Relief for Tata Power | APTEL stays MERC’s tariff schedule for FY 2023-24
The Tribunal regarded the hike in violation of Section 61(d) of the Electricity Act, 2003 and against the larger public interest, which is one of the critical factors to be taken into consideration in deciding whether to grant interim relief.
Never Reported Judgment| ‘Undertaking’ of licensee does not come to an end on revocation of licence under S.5 of Electricity Act, 1910: SC
This report covers the Supreme Court’s Never Reported Judgment, dating back to the year 1950, on Section 5 of the Electricity Act, 1910.
Explained| Supreme Court judgment on Electricity Act 2003: Duty to supply electricity, Subsequent versus previous occupier, Recovery of arrears, and more
The ruling came in a batch of cases where new owners of properties, purchased in auction sales, have been denied electricity connections due to the previous owners’ failure to pay their electricity dues.
2023 SCC Vol. 4 Part 5
Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex
Supreme Court explains what qualifies as ‘Change in Law’; directs DISCOMS to compensate Power Generators for all additional charges levied by State instrumentalities
Supreme Court has requested the Union of India along with Ministry of Power to evolve a mechanism so as to ensure timely payment by the DISCOMS to the Generating Companies, which would avoid huge carrying cost to be passed over to the end consumers.
“Fundamental Right to Speedy Trial has been violated”: Allahabad High Court quashes criminal proceedings in electricity theft case, pending for more than 18 years
The Right of speedy trial is a fundamental right, and its violation causes prejudice even to the accused person
Supreme Court | Regulation 153(15) of Kerala Electricity Supply Code, 2014 inconsistent with the provision of Section 126 of Electricity Act, 2003, hence invalid
Rules or regulation cannot be made to supplant the provisions of the enabling Act, but to supplement it. What is permitted is the delegation of ancillary or subordinating legislative functions, or what is fictionally called, a power to fill up details.
Allahabad High Court dismissed PIL as Petitioner fails to establish that process of determination of tariff by Regulatory Commission was vitiated due to conflict of interest
Allahabad High Court: In a public interest litigation filed by a Non-Governmental Organization (‘NGO') for restraining the Regulatory Commission from
MSPDCL held accountable for safety negligence; Manipur High Court awards compensation to the electrocution accident victims
Manipur High Court: In a writ petition filed challenging the compensation awarded by the Lower Court, the division bench of