Vikram Nath

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 Quashes Discretionary Allotment of Land: Improvement Trust, Ropar vs. Shashi Bala (2023)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Land Allotment, Land Law, Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules, 1983, Sanjay Kumar, Vikram Nath

Supreme Court Quashes Discretionary Allotment of Land: Improvement Trust, Ropar vs. Shashi Bala (2023) LEGAL ISSUE: Whether a land allotment made under a discretionary quota can be upheld if the discretionary quota itself is deemed unconstitutional. CASE TYPE: Civil Law – Land Allotment Case Name: Improvement Trust, Ropar vs. Shashi Bala & Anr. Judgment Date:

Supreme Court Quashes Discretionary Allotment of Land: Improvement Trust, Ropar vs. Shashi Bala (2023) Read Post »

Supreme Court Acquits Accused in Murder Case Due to Doubtful Prosecution: Pulen Phukan & Ors. vs. State of Assam (28 March 2023)

/ B.R. Gavai, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Sanjay Karol, Vikram Nath

Supreme Court Acquits Accused in Murder Case Due to Doubtful Prosecution: Pulen Phukan & Ors. vs. State of Assam (2023) LEGAL ISSUE: Whether the prosecution established the guilt of the accused beyond reasonable doubt in a murder case, particularly concerning the presence of police personnel at the scene of the crime and inconsistencies in witness

Supreme Court Acquits Accused in Murder Case Due to Doubtful Prosecution: Pulen Phukan & Ors. vs. State of Assam (28 March 2023) Read Post »

Supreme Court acquits accused in murder case due to lack of evidence: Pulen Phukan vs. State of Assam (28 March 2023)

/ B.R. Gavai, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Code of Criminal Procedure, 1973 with Section 173(2), Code of Criminal Procedure, 1973 with Section 313, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Sanjay Karol, Vikram Nath

Supreme Court acquits accused in murder case due to lack of evidence: Pulen Phukan vs. State of Assam (2023) LEGAL ISSUE: Whether the prosecution proved beyond reasonable doubt that the accused were part of an unlawful assembly with a common object to commit murder. CASE TYPE: Criminal Law Case Name: Pulen Phukan & Ors. vs.

Supreme Court acquits accused in murder case due to lack of evidence: Pulen Phukan vs. State of Assam (28 March 2023) Read Post »

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (28 March 2023)

/ B.R. Gavai, Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Judges, National Company Law Tribunal Rules, 2016, National Company Law Tribunal Rules, 2016 with Rule 11, Vikram Nath

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (2023) LEGAL ISSUE: Whether a Corporate Insolvency Resolution Process (CIRP) can be withdrawn before the constitution of the Committee of Creditors (CoC) when a settlement has been reached between the Operational Creditor (OC) and the Corporate Debtor (CD). CASE TYPE:

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (28 March 2023) Read Post »

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (28 March 2023)

/ B.R. Gavai, Committee of Creditors (CoC), Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Judges, National Company Law Tribunal Rules, 2016, National Company Law Tribunal Rules, 2016 with Rule 11, Vikram Nath

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (2023) Date of the Judgment: 28 March 2023 Citation: 2023 INSC 308 Judges: B.R. Gavai, J., Vikram Nath, J. Can a company undergoing the Corporate Insolvency Resolution Process (CIRP) withdraw the process if it settles with the operational creditor before

Supreme Court Allows Withdrawal of CIRP Before CoC Formation: Abhishek Singh vs. Huhtamaki PPL Ltd. (28 March 2023) Read Post »

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

/ Appellate Tribunal for Electricity, B.R. Gavai, Compensation for Change in Law, Electricity Law, Energy Law, Judges, Linkage Coal, Maharashtra Electricity Regulatory Commission, Power Generation, Vikram Nath

Supreme Court Upholds Compensation for Coal Shortfall: Maharashtra State Electricity Distribution Company Limited vs. Rattan India Power Limited (2023) LEGAL ISSUE: Whether a power generator is entitled to compensation for the shortfall in the supply of linkage coal and its associated costs. CASE TYPE: Electricity Regulatory Law Case Name: Maharashtra State Electricity Distribution Company Limited

Supreme Court Upholds Compensation for Coal Shortfall: Maharashtra State Electricity Distribution Company Limited vs. Rattan India Power Limited (2023) Read Post »

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 acquits accused in murder case due to unreliable witness testimony: Nagaraj Reddy vs. State of Tamil Nadu (21 March 2023)

/ B.R. Gavai, Corroboration of Evidence, Criminal Appeal, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 341, Judges, Vikram Nath, Witness Testimony

Supreme Court acquits accused in murder case due to unreliable witness testimony: Nagaraj Reddy vs. State of Tamil Nadu (2023) LEGAL ISSUE: Whether a conviction can be solely based on the testimony of an interested witness without corroboration. CASE TYPE: Criminal Appeal Case Name: Nagaraj Reddy vs. State of Tamil Nadu Judgment Date: 21 March

Supreme Court acquits accused in murder case due to unreliable witness testimony: Nagaraj Reddy vs. State of Tamil Nadu (21 March 2023) Read Post »

Supreme Court Acquits Accused in Murder Case Due to Unreliable Witness Testimony: Nagaraj Reddy vs. State of Tamil Nadu (2023) INSC 269 (21 March 2023)

/ B.R. Gavai, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 341, Judges, Offences Against Human Body, Vikram Nath

Supreme Court Acquits Accused in Murder Case Due to Unreliable Witness Testimony Date of the Judgment: 21 March 2023 Citation: (2023) INSC 269 Judges: B.R. Gavai, J. and Vikram Nath, J. Can a conviction for murder stand solely on the testimony of a witness who is both interested and whose account has been partially disbelieved?

Supreme Court Acquits Accused in Murder Case Due to Unreliable Witness Testimony: Nagaraj Reddy vs. State of Tamil Nadu (2023) INSC 269 (21 March 2023) Read Post »

Supreme Court Upholds Bhopal Gas Tragedy Settlement, Dismisses Curative Petition: Union of India vs. Union Carbide Corporation (2023)

/ Abhay S. Oka, Civil Procedure, Civil Procedure with Rupa Ashok Hurra v. Ashok Hurra & Anr. (2002) 4 SCC 388, Constitutional Law, Curative Petition, Government as a Welfare State, J.K. Maheshwari, Judges, Sanjay Kishan Kaul, Sanjiv Khanna, Vikram Nath

Supreme Court Upholds Bhopal Gas Tragedy Settlement, Dismisses Curative Petition: Union of India vs. Union Carbide Corporation (2023) Date of the Judgment: March 14, 2023 Citation: (2023) INSC 228 Judges: Sanjay Kishan Kaul, J., Sanjiv Khanna, J., Abhay S. Oka, J., Vikram Nath, J., and J.K. Maheshwari, J. Can a decades-old settlement, reached to provide

Supreme Court Upholds Bhopal Gas Tragedy Settlement, Dismisses Curative Petition: Union of India vs. Union Carbide Corporation (2023) Read Post »

Supreme Court Dismisses Curative Petition in Bhopal Gas Tragedy Case: Union of India vs. Union Carbide Corporation (2023)

/ Abhay S. Oka, Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 with Section 9, Civil Law, Curative Petition, J.K. Maheshwari, Judges, Mass Disaster, Sanjay Kishan Kaul, Sanjiv Khanna, Settlement, Vikram Nath

Supreme Court Dismisses Curative Petition in Bhopal Gas Tragedy Case: Union of India vs. Union Carbide Corporation (2023) LEGAL ISSUE: Whether the Supreme Court can re-examine a settlement reached in a case of mass disaster, specifically concerning the adequacy of compensation, after a lapse of several years and multiple reviews. CASE TYPE: Civil (Curative Petition)

Supreme Court Dismisses Curative Petition in Bhopal Gas Tragedy Case: Union of India vs. Union Carbide Corporation (2023) Read Post »

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