Electricity Law Archives

Supreme Court clarifies incentive eligibility for industrial units: Kerala State Electricity Board vs. Rubfila International (15 November 2022)

November 15, 2022 / Ajay Rastogi, C.T. Ravikumar, Electricity Law, Electricity Tariff, Government Order, Government Order dated 6th February, 1992, Government Orders, Incentive Schemes, Judges, Kerala State Electricity Board

Supreme Court Clarifies Incentive Eligibility for Industrial Units: Kerala State Electricity Board vs. Rubfila International LEGAL ISSUE: Whether the date of commencement of commercial production or the date of energization should be considered for granting electricity tariff incentives to industrial units. CASE TYPE: Civil Appeal (Electricity Tariff Incentive Dispute) Case Name: Kerala State Electricity Board […]

Supreme Court clarifies incentive eligibility for industrial units: Kerala State Electricity Board vs. Rubfila International (15 November 2022) Read Post »

Supreme Court Upholds Late Payment Surcharge Calculation in Power Purchase Agreements: Maharashtra State Electricity Distribution Company Limited vs. Maharashtra Electricity Regulatory Commission & Ors. (2021) INSC 648 (08 October 2021)

October 8, 2021 / Breach of contract, Contract Law, Contract Law with 'Change in Law' Clause, Contract Law with Power Purchase Agreements (PPAs), Electricity Act, 2003, Electricity Law, Electricity Law with Late Payment Surcharge (LPS), Indira Banerjee, Judges, Regulatory Commissions, V. Ramasubramanian

Supreme Court Upholds Late Payment Surcharge Calculation in Power Purchase Agreements: Maharashtra State Electricity Distribution Company Limited vs. Maharashtra Electricity Regulatory Commission & Ors. (2021) INSC 648 (08 October 2021) LEGAL ISSUE: Whether changes in the interest rate system by the Reserve Bank of India (RBI) from the Prime Lending Rate (PLR) to the Base

Supreme Court clarifies calculation of Scheduled Commissioning Date in Solar Power Agreements: Bangalore Electricity Supply Company Limited vs. E.S. Solar Power Pvt. Ltd. (2021) INSC 284 (3 May 2021)

May 3, 2021 / Contract Law, Contract Law with Article 21, Electricity Law, Interpretation of Contracts, Judges, Karnataka Electricity Regulatory Commission, L. Nageswara Rao, Power Purchase Agreements, Renewable Energy, Solar Power Projects, Vineet Saran

Supreme Court Clarifies Scheduled Commissioning Date in Solar Power Agreements LEGAL ISSUE: How to calculate the Scheduled Commissioning Date (SCOD) in a Power Purchase Agreement (PPA) for a solar power project, specifically whether the date of approval of the PPA should be included or excluded in the calculation. CASE TYPE: This case falls under the

Supreme Court clarifies calculation of Scheduled Commissioning Date in Solar Power Agreements: Bangalore Electricity Supply Company Limited vs. E.S. Solar Power Pvt. Ltd. (2021) INSC 284 (3 May 2021) Read Post »

Supreme Court clarifies jurisdiction in power purchase disputes: MP Power Trading vs. Narmada Equipments (2021)

March 23, 2021 / Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 21, Arbitration Law, Dhananjaya Y Chandrachud, Electricity Act, 2003 with Section 174, Electricity Act, 2003 with Section 86(1)(f), Electricity Law, Judges, M R Shah, Sanjiv Khanna

Supreme Court clarifies jurisdiction in power purchase disputes: MP Power Trading vs. Narmada Equipments (2021) LEGAL ISSUE: Jurisdiction of State Electricity Commissions in disputes between licensees and generating companies. CASE TYPE: Arbitration Law, Electricity Law Case Name: Chief General Manager (IPC) M P Power Trading Co Ltd & Anr vs. Narmada Equipments Pvt Ltd [Judgment

Supreme Court clarifies jurisdiction in power purchase disputes: MP Power Trading vs. Narmada Equipments (2021) Read Post »

Supreme Court settles Fixed Cost Recovery in Power Purchase Agreement Disputes: Haryana Power Purchase Centre vs. Magnum Power Generation Limited (2020)

January 21, 2020 / Breach of contract, Contract Law, Electricity Act with Section 86(1)(f), Electricity Law, Judges, Power Purchase Agreement, Rohinton Fali Nariman, Tariff Order, V. Ramasubramanian

Supreme Court Settles Fixed Cost Recovery in Power Purchase Agreement Disputes: Haryana Power Purchase Centre vs. Magnum Power Generation Limited (2020) LEGAL ISSUE: Whether a power generator is entitled to fixed costs under a Power Purchase Agreement (PPA) when no power is purchased due to a tariff order. CASE TYPE: Electricity Law, Contract Law Case

Supreme Court settles Fixed Cost Recovery in Power Purchase Agreement Disputes: Haryana Power Purchase Centre vs. Magnum Power Generation Limited (2020) Read Post »

Supreme Court Upholds APERC’s Power to Determine Wheeling and Grid Support Charges: Transmission Corporation of Andhra Pradesh Limited vs. M/S Rain Calcining Limited & Others (29 November 2019)

November 29, 2019 / Andhra Pradesh Electricity Reforms Act, 1998, Arun Mishra, B.R. Gavai, Electricity Act, 2003, Electricity Law, Judges, M.R. Shah, Regulatory Law, Regulatory Powers, Tariff Determination

Supreme Court Upholds APERC’s Power to Determine Wheeling and Grid Support Charges: Transmission Corporation of Andhra Pradesh Limited vs. M/S Rain Calcining Limited & Others (2019) LEGAL ISSUE: Whether the Andhra Pradesh Electricity Regulatory Commission (APERC) has the authority to determine wheeling charges and grid support charges under the Andhra Pradesh Electricity Reforms Act, 1998.

Supreme Court Modifies NGT Order on Environmental Compensation: Tata Power Delhi vs. Manoj Misra (2019)

October 24, 2019 / Delhi Electricity Reforms Act, 2000, Electricity Act, 2003, Electricity Law, Hemant Gupta, Judges, L. Nageswara Rao, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 15, National Green Tribunal Act, 2010 with Section 18(1)

Supreme Court Modifies NGT Order on Environmental Compensation: Tata Power Delhi vs. Manoj Misra (2019) LEGAL ISSUE: Whether an electricity distribution company can be directed to collect environmental compensation through electricity bills. CASE TYPE: Environmental Law, National Green Tribunal Case Name: Tata Power Delhi Distribution Ltd. vs. Manoj Misra and Ors. Judgment Date: 24 October

Supreme Court Modifies NGT Order on Environmental Compensation: Tata Power Delhi vs. Manoj Misra (2019) Read Post »

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019)

February 25, 2019 / Change in Law, Commercial Contracts, Contract Law, Electricity Law, Interpretation of Contracts, Judges, Navin Sinha, Power Purchase Agreement, R.F. Nariman

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019) LEGAL ISSUE: Whether carrying costs should be included as part of restitution under a Power Purchase Agreement (PPA) when there is a change in law. CASE TYPE: Electricity Law, Contract Law Case Name: Uttar Haryana Bijli Vitran Nigam Ltd. & Anr. vs.

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019) Read Post »

Supreme Court clarifies the effective date for agricultural electricity service connection applications: D. Saravanan vs. Superintending Engineer TANGEDCO & Ors. (2018)

April 12, 2018 / A.K. Sikri, Agricultural Electricity Connection, Ashok Bhushan, Defect in Application, Electricity Law, Electricity Law with Clause 27, Judges, Procedural Law, Tamil Nadu Electricity Distribution Code, 2004

Supreme Court Clarifies Application Date for Electricity Connection: D. Saravanan vs. TANGEDCO (2018) LEGAL ISSUE: Determining the effective date of an application for an agricultural electricity service connection when there are defects in the initial submission and subsequent resubmission. CASE TYPE: Civil Appeal (Electricity Service Connection) Case Name: D. Saravanan vs. Superintending Engineer TANGEDCO TNEB

Supreme Court clarifies the effective date for agricultural electricity service connection applications: D. Saravanan vs. Superintending Engineer TANGEDCO & Ors. (2018) Read Post »

Supreme Court Upholds Consumer Rights in Electricity Act Dispute: Maharashtra State Electricity vs. Appellate Authority (15 February 2018)

February 15, 2018 / Abhay Manohar Sapre, Electricity Act, 2003, Electricity Act, 2003 with Section 126, Electricity Act, 2003 with Section 127, Electricity Law, Judges, R.K. Agrawal

Supreme Court Upholds Consumer Rights in Electricity Act Dispute: Maharashtra State Electricity vs. Appellate Authority (2018) Date of the Judgment: 15 February 2018 Citation: 2018 INSC 125 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can a consumer be denied the right to appeal against an assessment of unauthorized electricity usage? The Supreme Court of

Supreme Court Upholds Consumer Rights in Electricity Act Dispute: Maharashtra State Electricity vs. Appellate Authority (15 February 2018) Read Post »

Supreme Court Upholds Termination Clause in Power Purchase Agreement: Rithwik Energy vs. BESCOM (2018)

February 6, 2018 / Contract Law, Contract Law with Estoppel, Default Notice, Electricity Act with Open Access, Electricity Law, Judges, Navin Sinha, Power Purchase Agreement, R.F. Nariman, Termination Clause

Supreme Court Upholds Termination Clause in Power Purchase Agreement: Rithwik Energy vs. BESCOM (2018) LEGAL ISSUE: Whether a notice of default under a Power Purchase Agreement (PPA) must strictly adhere to the terms of the agreement to be valid, and whether a party can be estopped from challenging a finding on a subsequent event it

Supreme Court Upholds Termination Clause in Power Purchase Agreement: Rithwik Energy vs. BESCOM (2018) Read Post »

Supreme Court Upholds Withdrawal of Electricity Tariff Concessions: Kothari Industrial Corporation Ltd. vs. Tamil Nadu Electricity Board (29 January 2016)

January 29, 2016 / Arun Mishra, Electricity Law, Electricity Law with Tamil Nadu Revision of Tariff Rates on supply of Electrical Energy Act, 1978, Judges, Prafulla C. Pant, Promissory Estoppel, Ranjan Gogoi, Tariff Rates

Can a government revoke a promised concession on electricity tariffs? The Supreme Court of India addressed this question in a case involving industrial units in Tamil Nadu. The court held that the principle of promissory estoppel does not prevent the government from withdrawing such concessions. This judgment clarifies the scope of government power over fiscal

Supreme Court Upholds Withdrawal of Electricity Tariff Concessions: Kothari Industrial Corporation Ltd. vs. Tamil Nadu Electricity Board (29 January 2016) Read Post »