Electricity Law

Supreme Court Upholds Compensation for Power Generator: Maharashtra State Electricity Distribution Company Limited vs. Rattan India Power Limited (27 March 2023)

/ Annual Contracted Quantity, B.R. Gavai, Coal Supply, Compensation for Change in Law, Contract Law, Electricity Law, Judges, Maharashtra Electricity Regulatory Commission, Vikram Nath

Supreme Court Upholds Compensation for Power Generator: Maharashtra State Electricity Distribution Company Limited vs. Rattan India Power Limited (2023) LEGAL ISSUE: Whether a power generator is entitled to compensation for the increased costs of procuring coal due to a change in law and whether the unutilized monthly coal quota can be carried forward. CASE TYPE: […]

Supreme Court Upholds Compensation for Power Generator: Maharashtra State Electricity Distribution Company Limited vs. Rattan India Power Limited (27 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 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 “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 incentive eligibility for industrial units: Kerala State Electricity Board vs. Rubfila International (15 November 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 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 »

Supreme Court Holds Organizers Primarily Liable in Meerut Fire Tragedy: Sanjay Gupta & Ors. vs. State of Uttar Pradesh (2022)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 133, Constitutional Law, Constitutional Law with Article 21, Electricity Act, 2003, Electricity Act, 2003 with Section 54, Fundamental Rights, Hemant Gupta, Indian Electricity Rules, 1956 with Rule 47A, Judges, V. Ramasubramanian

Supreme Court Holds Organizers Primarily Liable in Meerut Fire Tragedy: Sanjay Gupta & Ors. vs. State of Uttar Pradesh (2022) Date of the Judgment: April 12, 2022 Citation: Sanjay Gupta & Ors. v. State of Uttar Pradesh Through Its Chief Secretary & Ors. [2022 INSC 350] Judges: Justice Hemant Gupta, Justice V. Ramasubramanian Can organizers

Supreme Court Holds Organizers Primarily Liable in Meerut Fire Tragedy: Sanjay Gupta & Ors. vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court Upholds State’s Power to Grant Deviations in Electricity Safety Regulations: Muhammed A.A. vs. State of Kerala (2022)

/ B.R. Gavai, Central Electricity Authority Regulations, Constitutional Law, Constitutional Law with List III, Constitutional Law with Schedule VII, Electricity Act, 2003, Electricity Act, 2003 with Section 133, Electricity Act, 2003 with Section 53, Judges, L. Nageswara Rao

Supreme Court Upholds State’s Power to Grant Deviations in Electricity Safety Regulations: Muhammed A.A. vs. State of Kerala (2022) LEGAL ISSUE: Whether a State Government can grant deviations from the qualification requirements prescribed by the Central Electricity Authority’s Safety Regulations. CASE TYPE: Electricity Law, Service Law. Case Name: Muhammed A.A. & Ors. vs. State of

Supreme Court Upholds State’s Power to Grant Deviations in Electricity Safety Regulations: Muhammed A.A. vs. State of Kerala (2022) Read Post »

Supreme Court Clarifies Electricity Tariff for Inadvertent Drawal in Open Access Agreements: Ajmer Vidyut Vitran Nigam Ltd. vs. Hindustan Zinc Ltd. (2022)

/ Abhay S. Oka, Ajay Rastogi, Commercial Agreements, Contract Law, Contract Law with Retrospective Application, Electricity Act, 2003, Electricity Act, 2003 with Section 125, Electricity Act, 2003 with Section 42, Judges, Open Access

Supreme Court Clarifies Electricity Tariff for Inadvertent Drawal: Ajmer Vidyut Vitran Nigam Ltd. vs. Hindustan Zinc Ltd. (2022) Date of the Judgment: February 17, 2022 Citation: 2022 INSC 170 Judges: Justice Ajay Rastogi and Justice Abhay S. Oka Can changes in electricity tariffs for inadvertent drawal under open access agreements be applied retrospectively? The Supreme

Supreme Court Clarifies Electricity Tariff for Inadvertent Drawal in Open Access Agreements: Ajmer Vidyut Vitran Nigam Ltd. vs. Hindustan Zinc Ltd. (2022) Read Post »

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