Electricity Tariff Dispute – Redetermination of Tariff – Section 86(1)(b) of the Electricity Act – Appeal Dismissed – The appellant, M/s. KKK Hydro Power Ltd., sought enhanced tariff for its entire 4.90 MW hydel power project based on a supplementary Power Purchase Agreement (PPA) dated 10.09.2010, executed without prior approval of the Himachal Pradesh Electricity Regulato...
Slum Rehabilitation Scheme – Deemed NOC under Regulation 2.8 of DCPR 2034 – Petition Allowed - Developer sought implementation of approved SRA scheme including D.P. Road occupants as PAPs, but faced obstruction despite fulfilling pre-conditions including deposit of rent and eligibility certification – Held: MCGM’s NOC was deemed granted after 60 days under Regulation 2.8 &n...
Motor Vehicles – Motor Vehicle Tax – Scope of ‘Public Place’ – Section 3 of A.P. Motor Vehicles Taxation Act, 1963 – Rule 12A of A.P. Motor Vehicles Taxation Rules, 1963 – Interpretation – Liability to pay tax arises only when motor vehicle is used or kept for use in a public place – Appellant’s vehicles used exclusively within the restri...
Service Law - Disciplinary Proceedings – Interference with Findings – Article 136 of Constitution – Appeal Dismissed – The appellant, a CISF constable, was charged with misconduct for being found in a civilian residential area without justification, resulting in public uproar – Though charge of leaving camp without permission was not sustained, the Supreme Court uphel...
Delay Condonation – Condonation of Delay under Section 5 of Limitation Act – Liberal Approach Not Absolute – Application for condonation of 331-day delay in filing revision against acquittal under Section 326 IPC dismissed – Held: Petitioner failed to provide cogent, bona fide or satisfactory explanation for the delay – General claims of poverty and difficulty arrangi...
Civil Law – Ex-Parte Order Passed Without Service of Summons – Recalled Subject to Cost – The petitioner-defendant challenged an ex-parte order passed in a suit where no summons was served on him under Order 5 Rule 1 CPC – Despite entering appearance via caveat and participating in injunction proceedings, the court had not recorded his appearance or fixed a date for filing ...
Matrimonial Law – Adultery Allegations – Impleadment of Paramour – Privacy and Disclosure – Divorce Proceedings – Interlocutory Orders – Admissibility of Electronic Evidence – Right to Fair Trial – Family Court Powers
Impleadment of Paramour – Necessity in Divorce Proceedings – Order I Rule 10 CPC – Impleadment Upheld – The...
Civil Law - Rejection Of Plaint - Order VII Rule 11 CPC - Maintainability of Suit – Tenant Seeking Cancellation of Sale Deed – No Locus Standi – Plaintiff-tenant filed a suit seeking cancellation of a sale deed executed by landlord in favour of a third party, claiming peaceful possession since 2008 – Held: Tenant, not being the owner, cannot challenge the validi...
Civil Law - Hindu Ancestral Property – Challenge to Sale Deed by Daughters – Property Not Ancestral – Appeal Allowed – Plaintiffs (daughters) filed suit challenging the sale of agricultural land by their father (defendant No. 2) to his brother (defendant No. 1), claiming it was ancestral and coparcenary property – Both Trial Court and First Appellate Court d...
Civil Appeal – Execution Proceedings – Scope of Order 21 Rule 102 CPC – Appeal Allowed – The appellant, a bona fide purchaser of property from a third party (Rizvi Estate), challenged the Bombay High Court (Goa Bench) order dated 25/07/2022 that had closed the enquiry under Order XXI Rules 97 and 101 CPC by applying Rule 102 CPC – Supreme Court held that Rule 102 bars...