Electricity Law

Supreme Court Upholds Power Purchase Agreement: Southern Power Distribution Company Ltd. vs. Hinduja National Power Corporation Ltd. (2 February 2022)

/ Andhra Pradesh Electricity Reform Act, 1998, Andhra Pradesh Electricity Reform Act, 1998 with Section 21, B.R. Gavai, Electricity Act, 2003, Electricity Act, 2003 with Section 86(1)(b), Judges, L. Nageswara Rao

Supreme Court Upholds Power Purchase Agreement: Southern Power Distribution Company Ltd. vs. Hinduja National Power Corporation Ltd. (2022) LEGAL ISSUE: Whether a Distribution Company can withdraw from a Power Purchase Agreement (PPA) after initially agreeing to it and after the power plant has become operational. CASE TYPE: Electricity Law, Contract Law, Regulatory Law. Case Name: […]

Supreme Court Upholds Power Purchase Agreement: Southern Power Distribution Company Ltd. vs. Hinduja National Power Corporation Ltd. (2 February 2022) Read Post »

Supreme Court Upholds State Commission’s Authority in Power Purchase Agreements: Southern Power Distribution Company Limited vs. Hinduja National Power Corporation Limited (2022)

/ Andhra Pradesh Electricity Reform Act, 1998, Andhra Pradesh Electricity Reform Act, 1998 with Section 21, B.R. Gavai, Electricity Act, 2003, Electricity Act, 2003 with Section 62, Electricity Act, 2003 with Section 86(1)(b), Judges, L. Nageswara Rao

Supreme Court Upholds State Commission’s Authority in Power Purchase Agreements: Southern Power Distribution Company Limited vs. Hinduja National Power Corporation Limited (2022) Date of the Judgment: February 2, 2022 Citation: 2022 INSC 101 Judges: L. Nageswara Rao, J. and B.R. Gavai, J. Can a power distribution company withdraw from a power purchase agreement (PPA) after

Supreme Court Upholds State Commission’s Authority in Power Purchase Agreements: Southern Power Distribution Company Limited vs. Hinduja National Power Corporation Limited (2022) Read Post »

Supreme Court rules captive power users exempt from additional surcharge: Maharashtra State Electricity Distribution Co. Ltd. vs. M/s. JSW Steel Limited & Ors. (10 December 2021)

/ Electricity Act, 2003, Electricity Act, 2003 with Section 2(15), Electricity Act, 2003 with Section 42, Electricity Act, 2003 with Section 9, Judges, M.R. Shah, Sanjiv Khanna

Supreme Court Judgement on Additional Surcharge for Captive Power Users LEGAL ISSUE: Whether captive power consumers are liable to pay additional surcharge under Section 42(4) of the Electricity Act, 2003. CASE TYPE: Electricity Law Case Name: Maharashtra State Electricity Distribution Co. Ltd. vs. M/s. JSW Steel Limited & Ors. [Judgment Date]: 10 December 2021 Introduction

Supreme Court rules captive power users exempt from additional surcharge: Maharashtra State Electricity Distribution Co. Ltd. vs. M/s. JSW Steel Limited & Ors. (10 December 2021) 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)

/ 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 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) Read Post »

Supreme Court Upholds Electricity Dues Recovery Despite Billing Error: Prem Cottex vs. Uttar Haryana Bijli Vitran Nigam Ltd. (2021)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Electricity Act, 2003, Electricity Act, 2003 with Section 56, Hemant Gupta, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 17(1)(c), V. Ramasubramanian

Supreme Court Upholds Electricity Dues Recovery Despite Billing Error: Prem Cottex vs. Uttar Haryana Bijli Vitran Nigam Ltd. (2021) Date of the Judgment: October 5, 2021 Citation: (2021) INSC 695 Judges: Hemant Gupta, J., V. Ramasubramanian, J. Can an electricity company recover dues from a consumer after discovering a billing error, even if it’s been

Supreme Court Upholds Electricity Dues Recovery Despite Billing Error: Prem Cottex vs. Uttar Haryana Bijli Vitran Nigam Ltd. (2021) Read Post »

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)

/ 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 Electricity Load Reduction Rules: Jharkhand State Electricity Board vs. Ramkrishna Forging Ltd. (30 April 2021)

/ Breach of contract, Contract Law, Contract Law with Supplementary Agreements, Electricity Act, 2003, Electricity Act, 2003 with Section 181, Electricity Act, 2003 with Section 50, Judges, L. Nageswara Rao, Vineet Saran

Supreme Court on Electricity Load Reduction: Jharkhand State Electricity Board vs. Ramkrishna Forging Ltd. (2021) LEGAL ISSUE: Whether subsequent agreements for enhanced electricity load extend the initial agreement period for the purpose of load reduction requests. CASE TYPE: Electricity Law, Contract Law Case Name: Jharkhand State Electricity Board and Others vs. M/s Ramkrishna Forging Limited

Supreme Court clarifies Electricity Load Reduction Rules: Jharkhand State Electricity Board vs. Ramkrishna Forging Ltd. (30 April 2021) Read Post »

Supreme Court clarifies jurisdiction in power purchase disputes: MP Power Trading vs. Narmada Equipments (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 Upholds NCLT Jurisdiction in Contractual Disputes Arising from Insolvency: Gujarat Urja Vikas Nigam Limited vs. Amit Gupta & Ors. (2021) INSC 123

/ Alteration of Contracts, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Electricity Act, 2003, Electricity Act, 2003 with Section 86, Formation of Contracts, Indian Contract Act, 1872, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Insolvency and Bankruptcy Code, 2016 with Section 60(5), Judges, M. R. Shah, Novation of Contracts, Tariff Regulation

Supreme Court Upholds NCLT Jurisdiction in Contractual Disputes Arising from Insolvency: Gujarat Urja Vikas Nigam Limited vs. Amit Gupta & Ors. (2021) INSC 123 LEGAL ISSUE: Whether the National Company Law Tribunal (NCLT) has jurisdiction over contractual disputes arising from insolvency proceedings and the validity of ipso facto clauses in Power Purchase Agreements (PPAs). CASE

Supreme Court Upholds NCLT Jurisdiction in Contractual Disputes Arising from Insolvency: Gujarat Urja Vikas Nigam Limited vs. Amit Gupta & Ors. (2021) INSC 123 Read Post »

Supreme Court Clarifies “Change in Law” in Power Purchase Agreements: Jaipur Vidyut Vitran Nigam Ltd. vs. Adani Power Rajasthan Limited (2020)

/ Arun Mishra, Change in Law Clause, Contract Law, Electricity Act, 2003, Electricity Act, 2003 with Section 63, Judges, M.R. Shah, Power Purchase Agreement, Tariff Determination, Vineet Saran

Supreme Court Clarifies “Change in Law” in Power Purchase Agreements: Jaipur Vidyut Vitran Nigam Ltd. vs. Adani Power Rajasthan Limited (2020) LEGAL ISSUE: Whether a change in domestic coal policy constitutes a “Change in Law” event under a Power Purchase Agreement (PPA). CASE TYPE: Electricity Law, Contract Law Case Name: Jaipur Vidyut Vitran Nigam Ltd.

Supreme Court Clarifies “Change in Law” in Power Purchase Agreements: Jaipur Vidyut Vitran Nigam Ltd. vs. Adani Power Rajasthan Limited (2020) Read Post »

Supreme Court settles liability for previous electricity dues in auction sales: Telangana State Southern Power Distribution Company Limited vs. Srigdhaa Beverages (2020) INSC 368

/ Auction Sales, Electricity Act, 2003, Electricity Act, 2003 with Section 56, Electricity Dues, Judges, K.M. Joseph, Sanjay Kishan Kaul, SARFAESI Act, 2002, Security Interest (Enforcement) Rules, 2002

Supreme Court settles liability for previous electricity dues in auction sales: Telangana State Southern Power Distribution Company Limited vs. Srigdhaa Beverages (2020) INSC 368 Date of the Judgment: June 01, 2020 Citation: (2020) INSC 368 Judges: Sanjay Kishan Kaul, J. and K.M. Joseph, J. Can an auction purchaser be held liable for the previous electricity

Supreme Court settles liability for previous electricity dues in auction sales: Telangana State Southern Power Distribution Company Limited vs. Srigdhaa Beverages (2020) INSC 368 Read Post »

Supreme Court Upholds Regulatory Authority’s Decision on Power Purchase Agreement: CLP India vs. Gujarat Urja (2020)

/ Arun Mishra, Contract Law, Contractual Obligations, Electricity (Supply) Act, 1948, Electricity (Supply) Act, 1948 with Section 43A, Judges, Power Purchase Agreements (PPAs), S. Ravindra Bhat, Tariff Determination, Vineet Saran

Supreme Court Upholds Regulatory Authority’s Decision on Power Purchase Agreement: CLP India vs. Gujarat Urja (2020) LEGAL ISSUE: Applicability of amended tariff notifications to existing Power Purchase Agreements (PPAs). CASE TYPE: Electricity Law, Contract Law, Regulatory Law. Case Name: CLP India Pvt. Ltd. vs. Gujarat Urja Vikas Nigam Ltd. & Anr. [Judgment Date]: May 6,

Supreme Court Upholds Regulatory Authority’s Decision on Power Purchase Agreement: CLP India vs. Gujarat Urja (2020) Read Post »

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