2025 SCC Vol. 8 Part 5
2025 SCC Vol. 8 Part 5: Explore the latest Supreme Court Cases on Constitution, Electricity, Service Law, Transfer of Property, and Consumer Protection.
Electricity
Electricity is an “essential service” under Section 14(2) IBC; can’t be discontinued even if dues remain unpaid during CIRP: NCLAT
“If the Corporate Debtor operates as a manufacturing facility, then electricity may be treated as critical service by the insolvency professional and the dues for such services must be paid.”
‘Audi alteram partem cannot be used to cure self-suffered wound’; P&H HC refuses relief to electricity firm that overcharged residents
The Court held that the petitioner approached the Court raising hue and cry about the violation of the principle of natural justice with an oblique motive to create a defence at the appellate stage, immediately after the culmination of the proceedings before the Consumer Forum.
Adjustment of revenue surplus prior to re-organisation from ARR of subsequent years post reorganisation not aligned with scheme of reforms under S.131 Electricity Act: APTEL
“As per transfer scheme issued under Section 131 of Electricity Act 2003, the Distribution companies cannot be treated as successors in the interest of the Bihar State Electricity Boards in respect of any surplus found in the books of BSEB relating to the period prior to re-organisation.”
50-60% Power shortage completely unacceptable; Meghalaya HC pulls up State for inadequate supply of electricity
The Court directed the State to file a more comprehensive report indicating the measures taken to obtain additional power from the national grid and other sources that are available to reduce the shortfall.
‘Electricity no longer a luxury’; Meghalaya HC directs State to ensure adequate availability of electricity in the State
The Court directed State and Meghalaya Energy Corporation Limited to file affidavit indicating the plans for meeting the demands of electricity and actions during accidental shutdown of power plant.
New owners not liable for past dues and entitled to new connections despite refusal to pay, if nexus is not proved: Calcutta High Court
Calcutta High Court observed that no sum due will be recoverable from any consumer after a period of two years from the date when such sum first became due unless such sum was shown continuously recoverable as arrears of charges of electricity supply.
Explained| Why Supreme Court dismissed MSEDCL’s appeal against compensation to Adani Power and GMR Warora Energy due to ‘Change in Law’?
The Supreme Court upheld the judgement passed by the APTEL after observing that the generating companies were entitled to compensation so as to restore them to the same economic position, if the Change in Law had not occurred.
Electricity produced from a non- fossil fuel/ offshore wind projects exempted from additional surcharge vide Electricity (Promoting Renewable Energy Through Green Energy Open Access) Amendment Rules, 2023
On 27-1-2023, the Ministry of Power notified the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Amendment Rules, 2023 to amend
Kerala High Court | If a party has taken steps considering the factor of subsidy, the Government cannot withdraw it retrospectively
Kerala High Court observed that concession or benefit of subsidy can be withdrawn prospectively and not retrospectively, by the Government.
Approval of a Resolution Plan does not ipso facto discharge a Personal Guarantor of a Corporate Debtor of his liabilities under Contract of Guarantee; Allahabad High Court reiterates
Allahabad High Court said that challenge to demand notice for electricity dues, issued jointly in name of Directors of the insolvent company cannot be sustained on the ground that liabilities of guarantor stood automatically discharged on acceptance of Resolution Plan.
Eskom’s cry about risk of collapse of national grid rings hollow in the face; Constitutional Court of South Africa directs Eskom to supply electricity
The Supreme Court of Appeal dismissed an appeal against the judgment and order of the High Court of South Africa, directing the applicant, Eskom to supply electricity to the two defaulting municipalities pending the institution of review proceedings.
Electricity is an integral part of Right to Life; Punjab & Haryana High Court directs to restore electricity connection till final disposal
Punjab and Haryana High Court held that even if the lease has expired the electricity cannot be cut off to the petitioner while he is in possession of the suit property.
Supreme Court November 2022| CJI Chandrachud’s to-do list; EWS Quota; Kathua and Chhawla gangrape-murder cases; Rajiv Gandhi assassination case; Never Reported Judgments; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of EWS Quota and dissent; Juvenility of Kathua gangrape-murder accused; acquittal of all Chhawla gangrape-murder accused; why Rajiv Gandhi assassination convicts were set free, and more. It also covers reports on Justice Chandrachud’s appointment as the 50th CJI and his to-do-list; CJI UU Lalit’s retirement; explainers on important law points; some Never Reported Judgments; and career trajectory and important decision of Justice BR Gavai.
MSPDCL held accountable for safety negligence; Manipur High Court awards compensation to the electrocution accident victims
Manipur High Court: In a writ petition filed challenging the compensation awarded by the Lower Court, the division bench of
Delhi High Court directs State to explain why NOC has yet not been granted to Hindu migrants from Pakistan living in Adarsh Nagar jhuggi
Delhi High Court: In a PIL filed on behalf of the Hindu Migrants who have come from Pakistan to India, and are
Supreme Court directs Haryana Discoms to pay compound interest on carrying cost to Adani Power from the date of Change of Law
Supreme Court: In a big win for Adani Power Limited, the 3-judge bench of NV Ramana, CJI and Krishna Murari and Hima
Tripura High Court directs TSECL to pay all the cumulative dues to employee who suffered accident while discharging duty
Tripura High Court: Arindam Lodh, J. allowed a writ petition issuing directions to the Tripura State Electricity Corporation Limited to pay all
Gujarat High Court | ‘Occupier’ of the land cannot be denied electricity connection only because land is in dispute
Gujarat High Court: A.S. Supehia, J. has allowed a writ petition which was filed after the respondent authorities denied to
Cal HC │ Act of disconnecting the electricity supply for non-payment of the balance dues on the disputed bill beyond authority of CESC Ltd.; Petition allowed
Calcutta High Court: Sabyasachi Bhattacharyya, J. allowed a petition directing the CESC Ltd. to restore the electricity supply of the petitioner unconditionally.