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Supreme Court

Supreme Court Considers Validity of Safety Regulation and Government Exemption Order Under Electricity Act, 2003. The Court addressed whether Regulation 116 is ultra vires, if transfer schemes protect unqualified employees, and the arbitrariness of a Government Order granting exemptions from safety qualifications.

18 Feb 2022

The dispute originated from a writ petition filed in the High Court of Kerala challenging Regulation 116 of the Central Electricity Authority (Measure...

Supreme Court

Supreme Court Dismisses Distribution Company's Appeal in Electricity Act Case Over Tariff Dispute. The Court upheld the Rajasthan Electricity Regulatory Commission's order altering the tariff for inadvertent drawal from temporary to regular supply under open access regulations, affirming regulatory authority under Sections 42 and 181 of the Electricity Act, 2003.

17 Feb 2022

The appeal was filed under Section 125 of the Electricity Act, 2003 by Ajmer Vidyut Vitran Nigam Limited (AVVNL), a distribution company, challenging ...

Supreme Court

Supreme Court Dismisses Appeal by Distribution Companies in Electricity Regulatory Dispute - Upholds APTEL's Direction for Merits-Based Disposal of Tariff Determination and Power Purchase Agreement Approval Petitions. Appellate Tribunal for Electricity Correctly Ordered State Commission to Decide Petitions on Merits After State Commission Allowed Withdrawal of One Petition and Dismissed the Other, Ensuring Statutory Functions Under Electricity Act, 2003 Are Fulfilled.

2 Feb 2022

The appeal arose from a dispute between Distribution Companies (DISCOMS) and Hinduja National Power Corporation Limited (HNPCL) regarding power purcha...

Supreme Court

Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

1 Feb 2022

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

Supreme Court

Supreme Court Dismisses Appeal in MRTP Act Case Upholding Commission's Finding of No Unfair Trade Practices. The Court Held That Extra Charges and Cancellation of Apartment Allotment Were Contractual and Did Not Constitute Unfair Trade Practices Under Sections 36-A and 36-B of the Monopolies and Restrictive Trade Practices Act, 1969.

25 Jan 2022

The appeal arose from a judgment dated 19.01.2009 by the Monopolies and Restrictive Trade Practices Commission, New Delhi, which dismissed a complaint...

Supreme Court

Supreme Court Allows Appeal in Trademark Infringement Case Under Trade Marks Act, 1999. Registered Trademark 'RENAISSANCE' Found Infringed by 'SAI RENAISSANCE' Due to Deceptive Similarity and Transborder Reputation Under Section 29(4).

19 Jan 2022

The appeal arose from a trademark infringement dispute between an appellant-plaintiff, a global hotel chain incorporated in Delaware, USA, and respond...

Supreme Court

Supreme Court Dismisses State's Appeal in Electricity Duty Exemption Case for Charitable Educational Institutions. The Court upheld the High Court's decision that charitable education institutions registered under the Maharashtra Public Trusts Act, 1950 are exempt from payment of electricity duty under Section 3(2)(iii) of the Maharashtra Electricity Duty Act, 2016, interpreting the provision to avoid absurdity and uphold Article 14 of the Constitution.

7 Jan 2022

The dispute arose from the State of Maharashtra's appeal against a High Court judgment that exempted charitable educational institutions from payment ...

Supreme Court

Supreme Court Partly Allows Appeals in Income Tax Dispute Over Disallowance of Fees and Taxes Under Section 40(a)(iib) of Income-tax Act, 1961. The Court upheld the High Court's finding that gallonage fee, licence fee, and shop rental for FL9 licences were disallowable as exclusive levies on a State Government undertaking, while those for FL1 licences were not exclusive, and surcharge on sales tax and turnover tax were not fees or charges under Section 40(a)(iib) of the Income-tax Act, 1961.

3 Jan 2022

The appeals arose from a common judgment of the High Court of Kerala in income tax matters involving Kerala State Beverages Manufacturing & Marketing ...

Supreme Court

Supreme Court Allows Appeal of Market Committee in Market Fee Dispute: Processed Agricultural Produce Imported from Outside State is Liable for Market Fee Under Karnataka APMC Act. The Court held that the Explanation to Section 65(2) of the Karnataka APMC Act excludes the exemption for imported agricultural produce, and the importer is liable to pay market fee under Section 65(2-A)(ia).

14 Dec 2021

The Supreme Court allowed the appeal filed by APMC Yashwanthapura against the judgment of the Karnataka High Court which had held that the respondent,...

Supreme Court

Supreme Court Dismisses Appeal by Distribution Licensee, Holds Captive Users Not Liable for Additional Surcharge Under Section 42(4) of Electricity Act, 2003. Captive generation and open access for self-consumption are statutory rights under Section 9, not requiring State Commission permission, thus additional surcharge is not leviable.

10 Dec 2021

The case involves an appeal by Maharashtra State Electricity Distribution Co. Ltd. (the distribution licensee) against the order of the Appellate Trib...

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