Search Results Page
Search Results
1 - 10 of 22 (0.29 seconds)Section 79 in The Electricity Act, 2003 [Entire Act]
Section 62 in The Electricity Act, 2003 [Entire Act]
Article 12 in Constitution of India [Constitution]
Energy Watchdog vs Central Electricity Regulatory ... on 11 April, 2017
200. On account of various subsequent events as specified
above including judgment to Full Bench and reversal of
the Full Bench judgment by Hon'ble Apex Court on certain
issues and analysis and opinion on the points of force
majeure and change in law in Energy Watchdog case, we
are of the opinion that there has to be a holistic
consideration of the matter afresh. In the circumstances
referred to above, we are of the opinion there is necessity
to relook in to the matter afresh by the State Commission
on the issues of force majeure and change in law.
Section 61 in The Electricity Act, 2003 [Entire Act]
The Electricity Act, 2003
T.N. Godavarman Thirumulpad vs Union Of India & Ors on 6 July, 2011
68. It is a settled principle that the role of a Regulator in the instant case the
Central Commissionis more than just an adjudicator of disputes, as opposed
to that of a Court, Hon‟ble Supreme Court in Lafarge Umium Mining Pvt Ltd in
T N Godhavarman Thirumulpad v. Union of India,(2011) 7 SCC 338, has held
that:
Adani Power Maharashtra Ltd vs Maharashtra Electricity Regulatory ... on 31 May, 2019
72. Considering the aforementioned circumstances, we find it most
appropriate, just and reasonable that this Tribunal in these special
circumstances has the right to recast the relief by keeping justice, equity and
good conscience in mind as held by this Tribunal in Appeal No. 241 of 2016
Adani Power Maharashtra Ltd. vs. Maharashtra Electricity Regulatory
Commission & Ors. by Judgment dated 31.05.2019,while referring to the
Energy Watchdog Judgment, that in order to grant relief on equities by
keeping justice, equity and good conscience at the back of the mind, Tribunal
can recast the relief by exercising discretionary power which is consistent
with facts and circumstances established in a given cause of action, the
relevant extract is as under: