Electricity Act, 2003

Supreme Court Upholds Change in Law Claim Under SHAKTI Policy in Power Purchase Agreement Dispute: Uttar Haryana Bijli Vitran Nigam Limited vs. Adani Power (Mundra) Limited (2023) INSC 347 (20 April 2023)

/ B.R. Gavai, Change in Law, Contract Law, Electricity Act, 2003 with Section 63, Electricity Law, Interpretation of Contracts, Judges, Power Purchase Agreement, Vikram Nath

Supreme Court Upholds Change in Law Claim Under SHAKTI Policy in Power Purchase Agreement Dispute Date of the Judgment: 20 April 2023 Citation: (2023) INSC 347 Judges: B.R. Gavai, J. and Vikram Nath, J. Can a change in government policy regarding coal allocation be considered a “Change in Law” that justifies a tariff revision in […]

Supreme Court Upholds Change in Law Claim Under SHAKTI Policy in Power Purchase Agreement Dispute: Uttar Haryana Bijli Vitran Nigam Limited vs. Adani Power (Mundra) Limited (2023) INSC 347 (20 April 2023) Read Post »

Supreme Court Upholds Change in Law Relief under SHAKTI Policy for Power Generators: Maharashtra State Electricity Distribution Company Limited vs. Adani Power Maharashtra Limited (20 April 2023)

/ B.R. Gavai, Change in Law, Contract Law, Electricity Act, 2003, Electricity Law, Interpretation of Contracts, Judges, Power Purchase Agreement, Restitution, Vikram Nath

Supreme Court Upholds Change in Law Relief under SHAKTI Policy for Power Generators LEGAL ISSUE: Whether the introduction of the SHAKTI Policy constitutes a ‘Change in Law’ event under Power Purchase Agreements (PPAs). CASE TYPE: Electricity Regulatory Law, Contract Law Case Name: Maharashtra State Electricity Distribution Company Limited vs. Adani Power Maharashtra Limited and Another

Supreme Court Upholds Change in Law Relief under SHAKTI Policy for Power Generators: Maharashtra State Electricity Distribution Company Limited vs. Adani Power Maharashtra Limited (20 April 2023) Read Post »

Supreme Court Upholds Power Purchase Agreements in Renewable Energy Sector: Gujarat Urja Vikas Nigam Limited vs. Renew Wind Energy (Rajkot) Private Limited (2023)

/ Contract Law, Electricity Act, 2003, Electricity Act, 2003 with Section 181, Electricity Act, 2003 with Section 86, Judges, M.M. Sundresh, Power Purchase Agreements, S. Ravindra Bhat, Sanctity of Contracts, Sanjay Kishan Kaul, Tariff Determination

Supreme Court Upholds Power Purchase Agreements in Renewable Energy Sector: Gujarat Urja Vikas Nigam Limited vs. Renew Wind Energy (Rajkot) Private Limited (2023) LEGAL ISSUE: Whether a change in regulations regarding the pricing of renewable energy certificates (RECs) can retroactively alter the terms of existing Power Purchase Agreements (PPAs). CASE TYPE: Electricity Law, Contract Law

Supreme Court Upholds Power Purchase Agreements in Renewable Energy Sector: Gujarat Urja Vikas Nigam Limited vs. Renew Wind Energy (Rajkot) Private Limited (2023) Read Post »

Supreme Court Clarifies “Change in Law” in Power Purchase Agreements: Haryana Power Purchase Centre vs. Sasan Power Ltd (2023)

/ B.V. Nagarathna, Electricity Act, 2003, Electricity Act, 2003 with Section 63, Electricity Act, 2003 with Section 79, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 18, Indian Contract Act, 1872 with Section 19, Judges, K.M. Joseph

Supreme Court Clarifies “Change in Law” in Power Purchase Agreements: Haryana Power Purchase Centre vs. Sasan Power Ltd (2023) Date of the Judgment: April 6, 2023 Citation: 2023 INSC 326 Judges: K.M. Joseph, J. and B.V. Nagarathna, J. Can a power generating company claim compensation for increased costs due to a change in the interpretation

Supreme Court Clarifies “Change in Law” in Power Purchase Agreements: Haryana Power Purchase Centre vs. Sasan Power Ltd (2023) Read Post »

Supreme Court Overturns Tribunal’s Order on “Change in Law” Claims in Power Purchase Agreement: Haryana Power Purchase Centre vs. Sasan Power Ltd (06 April 2023)

/ B.V. Nagarathna, Electricity Act, 2003, Electricity Act, 2003 with Section 111, Electricity Act, 2003 with Section 63, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 18, Indian Contract Act, 1872 with Section 19, Judges, K.M. Joseph, Misrepresentation, Regulatory Powers

Date of the Judgment: 06 April 2023 Citation: Not Available in the source Judges: K.M. Joseph, J. and B.V. Nagarathna, J. Can a power generating company claim compensation for increased costs due to a change in interpretation of law or due to errors in reports provided during the bidding process? The Supreme Court of India

Supreme Court Overturns Tribunal’s Order on “Change in Law” Claims in Power Purchase Agreement: Haryana Power Purchase Centre vs. Sasan Power Ltd (06 April 2023) Read Post »

Supreme Court Clarifies Compensation for Coal Shortfall Under Power Purchase Agreements: Maharashtra State Electricity Distribution Company Limited vs. Adani Power Maharashtra Limited & Ors. (2023) INSC 208 (03 March 2023)

/ B.R. Gavai, Change in Law, Contract Law, Electricity Act, 2003, Electricity Act, 2003 with Section 63, Judges, Power Purchase Agreements, Tariff Determination, Vikram Nath

Supreme Court Clarifies Compensation for Coal Shortfall Under Power Purchase Agreements Date of the Judgment: 03 March 2023 Citation: (2023) INSC 208 Judges: B.R. Gavai, J., Vikram Nath, J. Can power generating companies claim compensation for a shortfall in coal supply, and if so, how should this compensation be calculated? The Supreme Court of India

Supreme Court Clarifies Compensation for Coal Shortfall Under Power Purchase Agreements: Maharashtra State Electricity Distribution Company Limited vs. Adani Power Maharashtra Limited & Ors. (2023) INSC 208 (03 March 2023) Read Post »

Supreme Court Clarifies Compensation for Change in Law in Power Purchase Agreements: Maharashtra State Electricity Distribution Company Limited vs. Adani Power Maharashtra Limited & Ors. (2023) INSC 174 (03 March 2023)

/ B.R. Gavai, Change in Law, Contract Law, Electricity Act, 2003, Electricity Act, 2003 with Section 63, Judges, Power Purchase Agreements, Regulatory Bodies, Tariff Determination, Vikram Nath

Supreme Court Clarifies Compensation for Change in Law in Power Purchase Agreements Date of the Judgment: 03 March 2023 Citation: (2023) INSC 174 Judges: B.R. Gavai, J., Vikram Nath, J. Can changes in government policies regarding coal supply affect existing power purchase agreements? The Supreme Court of India recently addressed this question, focusing on the

Supreme Court Clarifies Compensation for Change in Law in Power Purchase Agreements: Maharashtra State Electricity Distribution Company Limited vs. Adani Power Maharashtra Limited & Ors. (2023) INSC 174 (03 March 2023) Read Post »

Supreme Court Clarifies “Unauthorised Use of Electricity” in Kerala State Electricity Board vs. Thomas Joseph (2022)

/ Dinesh Maheshwari, Electricity Act, 2003, Electricity Act, 2003 with Section 126, Electricity Act, 2003 with Section 181, Electricity Act, 2003 with Section 50, J.B. Pardiwala, Judges

Supreme Court Clarifies “Unauthorised Use of Electricity” in Kerala State Electricity Board vs. Thomas Joseph (2022) LEGAL ISSUE: Whether consumption of electricity exceeding the connected/contracted load constitutes “unauthorised use of electricity.” CASE TYPE: Electricity Law Case Name: Kerala State Electricity Board & Ors. vs. Thomas Joseph Alias Thomas M. J. & Ors. Judgment Date: 16

Supreme Court Clarifies “Unauthorised Use of Electricity” in Kerala State Electricity Board vs. Thomas Joseph (2022) Read Post »

Supreme Court Orders Concurrent Sentences in Electricity Theft Case: Iqram vs. State of Uttar Pradesh (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 265-G, Code of Criminal Procedure, 1973 with Section 427, Dhananjaya Y Chandrachud, Electricity Act, 2003, Electricity Act, 2003 with Section 136, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 411, Judges, Pamidighantam Sri Narasimha, Plea Bargaining

Supreme Court Orders Concurrent Sentences in Electricity Theft Case: Iqram vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether sentences for multiple convictions should run consecutively or concurrently when no specific direction is given by the trial court under Section 427(1) of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Law. Case Name: Iqram

Supreme Court Orders Concurrent Sentences in Electricity Theft Case: Iqram vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 298, Constitutional Law with Article 299, Contract Law, Contract Law with Article 2.1 of the PPA, Contract Law with Article 9.1 of the PPA, Electricity Act, 2003, Electricity Act, 2003 with Section 63, Hrishikesh Roy, Judges, K.M. Joseph, Power Purchase Agreements

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022) LEGAL ISSUE: Whether a Power Purchase Agreement (PPA) termination by a state-owned company was valid, considering contractual obligations and principles of fairness. CASE TYPE: Contract Law, specifically concerning Power Purchase Agreements and judicial review of state actions.

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022) Read Post »

Supreme Court Clarifies Minimum Area for Electricity Distribution Licenses: Jindal Steel vs. Chhattisgarh State (29 September 2022)

/ Ajay Rastogi, Area of Supply, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 243(Q), Electricity Act, 2003, Electricity Act, 2003 with Section 14, Judges, Licensing

Supreme Court Clarifies Minimum Area for Electricity Distribution Licenses: Jindal Steel vs. Chhattisgarh State (2022) LEGAL ISSUE: Interpretation of “area of supply” for electricity distribution licenses. CASE TYPE: Electricity Law, Regulatory Law. Case Name: M/s. Jindal Steel and Power Limited vs. The Chhattisgarh State Electricity Regulatory Commission and Ors. [Judgment Date]: 29 September 2022 Introduction

Supreme Court Clarifies Minimum Area for Electricity Distribution Licenses: Jindal Steel vs. Chhattisgarh State (29 September 2022) Read Post »

Supreme Court Upholds “Own Use” Interpretation for Captive Power Plants: Chhattisgarh State Power Distribution Company Ltd. vs. Chhattisgarh State Electricity Regulatory Commission (2022)

/ B.R. Gavai, Captive Generating Plant, Electricity Act, 2003, Electricity Act, 2003 with Section 2(49), Electricity Act, 2003 with Section 9, Electricity Rules, 2005, Electricity Rules, 2005 with Rule 3, Judges, L. Nageswara Rao

Supreme Court Upholds “Own Use” Interpretation for Captive Power Plants: Chhattisgarh State Power Distribution Company Ltd. vs. Chhattisgarh State Electricity Regulatory Commission (2022) Date of the Judgment: May 12, 2022 Citation: (2022) INSC 512 Judges: L. Nageswara Rao, J. and B.R. Gavai, J. Can a company that generates power primarily for its own use, share

Supreme Court Upholds “Own Use” Interpretation for Captive Power Plants: Chhattisgarh State Power Distribution Company Ltd. vs. Chhattisgarh State Electricity Regulatory Commission (2022) Read Post »

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