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Nabha Power Ltd. (Npl) vs Punjab State Power Corporation Ltd. ... on 5 October, 2017

109. According to Appellant, in spite of these directions of the Tribunal and the Hon'ble Supreme Court, the Punjab State Commission has taken a stand that issue regarding signing of FSA has been duly considered by the State Commission in the impugned order, which is totally false. To conclude like this, the State Commission relied on the Order dated 03.07.2017 of this Tribunal in Appeal No. 36 of 2016. This Appeal was filed by TSPL pertaining to TSPL's claim for coal washing and associated charges which were withheld wrongly by PSPCL. The Tribunal by Order dated 03.07.2017 disallowed the relief sought by TSPL. However, this Order was struck down by the Hon'ble Supreme Court by its Judgment dated 07.03.2018 wherein the Apex Court relied upon the Judgment of Nabha Power Limited vs. PSPCL & Anr. [(2018) 1 SCC 508] and allowed the claim of TSPL towards coal washing and associated charges. The Hon'ble Supreme Court opined that GCV as received at the TSPL project site needs to be considered for calculating energy charges. When PSPCL failed to comply with the Orders of the Hon'ble Supreme Court, a Contempt Petition came to be filed against PSPCL.
Supreme Court - Daily Orders Cites 14 - Cited by 126 - S K Kaul - Full Document

Dir. Of Settlements, A.P. & Ors vs M.R. Apparao & Anr on 20 March, 2002

In the case of Director of Settlements, A.P. vs. M.R. Apparao, (2002) 4 SCC 638 at Para 7 it is explained. In the opinion of the Hon'ble Supreme Court that is the principle found out upon reading of a judgment as a whole with reference to questions framed before the court forms the ratio, and not every particular word or sentence. An Obiter Dicta is an observation by the court on a legal question suggested in the case before it, but not arising in such manner as to require a decision. Therefore, an Obiter Dicta cannot have a binding precedent because such observation was not necessary for the decision rendered. Therefore, the judgment of the Court has to be 124 JUDGMENT IN APPEAL NOS.220 & 317 OF 2019 read in the context of questions, which arose for consideration in the case in which the judgment was delivered.
Supreme Court of India Cites 43 - Cited by 489 - Full Document
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