Legal Views

 Apex Court Decision on Jurisdiction of High Court  against the appellate/revisional  order of the National Consumer Dispute Redressal Commission: critical analysis  In M/S Universal Sompo General Insurance Co. Ltd versus Suresh Chander Jain and anr Special Leave Petition (Civil) No. 5263 of 2023, (2023 INSC 649) decided on July 26, 2023, the Supreme Court categorically held that   the order of the National Consumer Dispute Redressal Commission (NCDRC) in its appellate and revisional jurisdiction are liable to be challenged before the Jurisdictional  High Court under Article 226/ 227 of the Constitution of India. the appeal to the Supreme Court would lie only against the original jurisdiction.  the court expresses view as under:      " 38. in the aforesaid view of the matter, we have reached to the conclusion that we should not adjudicate this petition on merits. we must ask the petition herein to first go before the jurisdictional ...

 The  High Court of HP in Civil Writ Petition No. 3704 of 2012 titled as HP State Electricity Board Limited and another versus M/S Claridge Moulded Fibre Limited  held that  the quasi judicial authorities while passing an order has to pass a well reasoned and speaking order by touching all the contentions of the parties.    The High Court was  hearing a writ petition filed by the HP State Electricity Board Limited  against the order passed by the Consumer Grievance Redressal Forum (CGRF) constituted under section 42 (5) of the Electricity Act, 2003.  The Forum while passing the order did not render its findings on the points raised by the parties and thus HPSEBL feeling aggrieved and dissatisfied from the order, approached the High Court under Article 226 of the Constitution of India.      The High Court after hearing the parties, observed that Forum which has been constituted under the Electricity Act, 2003 is required to pass...

  Power of Distribution Licensee under the Electricity Act, 2003 to recover the Electricity dues;                                              Supreme Court's latest view.   T o recover the arrears of the electricity consumption is always prime concern of the  distribution companies under the regime of the electricity law.  section 56 of the Electricity Act, 2003 provides for the disconnection of supply in default of payment  wherein it is mentioned that where any person neglects to  pay any charges for electricity or any sum other than a charge for electricity due from him to a licensee or the generating company in respect of  supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less than fifteen  clear days notice in writing, to such ...

Auction Purchaser not liable to clear the outstanding dues of the Electricity of previous owner   Property purchased under the liquidation proceedings conducted under the IBC, the issue which is very debatable over the period of time, the auction purchaser is not liable to clear the outstanding dues of the previous owner of the property.  the National Company Law Appellate Tribunal,  Principal Bench New Delhi,    has  set at rest the proposition in the  in the Company Appeal No. 961 of 2021 decided on 26-05-2022  titled as  Eastern Power Distribution Company of Andhra Pradesh Limited versus Maintan Alloys Limited and others wherein the Hon'ble Appellate Tribunal held as under: (para 17)     “17.  It is noted that the Hon’ble Supreme Court in the above case was considering the Auction Sale under SARFAESI Act, 2002. No provision of IBS were under consideration of  Hon’ble Supreme Court. In the IBC proceedings, the electric...

  Electricity Law: A Bright Career in the Legal Profession   In the competitive world of the legal profession, practice in the Electricity Law   is full potential. after the advent of the Electricity Act, 2003, new heights have been achieved in this  particular field of law. The establishment of the statutory appellate fora i.e. Appellate Tribunal for Electricity (APTEL) at New Delhi having jurisdiction to hear appeals under section 111 of the Act on the question of fact as well as law, from the judgments and orders/directions passed by the State Electricity Regulatory Commissions, is providing ample of opportunities to the lawyers.  After completion of the degree of law, if one chooses to this field for practice, it is quite important to have some basic knowledge of the electricity field. A techno-legal mix of this field is of special  nature.  following quasi-judicial and judicial Fora  are there for purpose of legal practice:   Cons...

NO COMPROMISE WITH QUALITY OF EDUCATION: SUPREME COURT TERMINTES SERVICES OF 10,324 TEACHERS OF TRIPURA             Hon'ble Apex Court on 29-03-2017 upheld the decision of the High Court of Tripura wherein the services of 10,324 teachers were terminated by the division bench Headed by Chief Justice Deepak Gupta (now alleviated  to the supreme court ).      After holding the hearing for two consecutive days, supreme court bench of Justices Adarsh Kumar Goel and U.U. Lalit rejected the special leave petition filed by the Tripura Govt and upheld the High Court order dated May 7, 2014.       The High Court of Tripura had cancelled recruitment of all teachers made from march 2010 in undergraduate, graduate and post-graduate categories due to faulty recruitment process.       The decision is a major blow to the government's...

                 " THE GANGE S  AND THE YAMUNA A  LIVING PERSONALITY:                                  UNPRECEDENTED  JUDICIAL  ACTIVISM" "All the rivers have the basic right to maintain their purity and to maintain free and natural flow. the river Ganga is flowing since time immemorial. "                     In the history of the Indian judiciary, High Court of Uttrakhand at Nainital in the case Mohd. Salim versus State of Uttrakhand & others writ Petition (PIL) No.126 of 2014 granted the status as juristic/legal persons/living entities having the status of legal person with all corresponding r...