2023 SCC Vol. 10 Part 3

Central Vigilance Commission Act, 2003 — S. 25 r/w FR 56 — Tenure of Director of Enforcement: Permissibility of continuation of tenure after superannuation, determined. [Common Cause v. Union of India, (2023) 10 SCC 321]

Central Vigilance Commission Act, 2003 — S. 25(d): There is primacy of S. 25 over FR 56, hence, held, appointment of Director of Enforcement cannot be for period less than two years from date incumbent assumes office. [Uday Babu Khalwadekar v. Union of India, (2023) 10 SCC 336]

Chhattisgarh Panchayat Raj Adhiniyam, 1994 — Ss. 45, 93(1) and 122 r/w Rr. 45, 80 and 93(1) of the 1995 Rules — Election petition — Maintainability: As there was no application in writing for re-counting of votes as required under R. 80 of the 1995 Rules and also no necessary relief sought under R. 6 of the 1995 Rules for declaring election of all or any of returned candidates void, election petition, solely seeking re-counting of votes, not maintainable. [Dharmin Bai Kashyap v. Babli Sahu, (2023) 10 SCC 461]

Constitution of India — Arts. 39(b), 14 and 12 — “Common good”: What is “common good”, how it may be attained and freedom enjoyed by legislature in this regard, explained. State policy has been evolved from high degree of intervention in economy under “licence-permit raj”, to fearlessly competitive economy. State monopolies, public sector companies and government companies are expected to imbibe the new economic philosophy of a fearlessly competitive economy, and hence are bound by and must abide by the Competition Act, 2002. [Coal India Ltd. v. CCI, (2023) 10 SCC 345]

Electricity Act, 2003 — S. 63 — Power purchase agreement: Principles clarified relating to restitutionary compensation under “change in law” contractual clauses, and necessity of avoiding unnecessary litigation in respect thereof. [GMR Warora Energy Ltd. v. CERC, (2023) 10 SCC 401]

Energy, Power and Electricity — Electricity — Generation and Transmission/Supply/Distribution of electricity — Power purchase agreement — Tariff: Claim of independent power producer (IPP) relating to fixed and variable charges, on account of short supply of natural gas by fuel supplier, rejected in the absence of any provision in this regard in the PPA or Tariff Regulations. Binding effect of terms of PPA, discussed. [Penna Electricity Ltd. v. T.N. Electricity Board, (2023) 10 SCC 338]

Insolvency and Bankruptcy Code, 2016 — Ss. 5(8)(f), 30 and 31 r/w S. 238: Distinction between homebuyers, who opt or elect for RERA Act and secure orders in their favour, and, those who did not do so, in the resolution plan is not permissible. [Vishal Chelani v. Debashis Nanda, (2023) 10 SCC 395]

Negotiable Instruments Act, 1881 — Ss. 148 and 138 r/w S. 389 CrPC — Appeal against conviction under S. 138 NI Act — Application under S. 389 for suspension of sentence: Law clarified on scope of discretion available to court relating to minimum deposit to be made by accused. [Jamboo Bhandari v. M.P. SIDC Ltd., (2023) 10 SCC 446]

Penal Code, 1860 — S. 302 r/w S. 149 — Injuries on accused — Absence of explanation — Inferences that may be drawn by court —— Effect of: Principles reiterated relating to effect of evidence consisting of testimony of interested or inimical witnesses. [Nand Lal v. State of Chhattisgarh, (2023) 10 SCC 470]

Penal Code, 1860 — Ss. 302/149, 307/149 and 148 — Alleged assault of deceased victim by appellant-accused: As courts below failed to take into consideration vital discrepancies and inconsistencies in evidence of prosecution witnesses, appellants were held entitled to benefit of doubt, and were acquitted of all charges. [Khema v. State of U.P., (2023) 10 SCC 451]

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