Electricity Act, 2003; Section 125 – The restrictive scope of appellate jurisdiction is a product not only of the statutory preconditions, but also a necessary measure to enable freedom to statutory regulator and Tribunal to develop sectorial laws through a principled and consistent approach- the requirement under Section 125 is not merely a ‘question of a law’ but a ‘substantial question of law’. (Para 1,7)
Indian Contract Act, 1872; Sections 32 and 56 – Law on force majeure- When the contract contains an express or implied force majeure clause, it is governed under Chapter III of the Contract Act, specifically Section 32. In such cases, the ‘doctrine of frustration’ in Section 56 does not apply and the court must interpret the force majeure clause contained in the contract -A force majeure clause must be narrowly construed- Referred to Energy Watchdog v. Central Electricity Regulatory Commission (Para 10.1)