Electricity Act 2003-Section 108 – The state regulatory commissions are not ‘bound’ by the directions of the state government, or the Central Government -The state commission shall only be ‘guided’ by the directions issued by the state government and is not automatically bound by them – The provision, in no manner, seeks to control the …
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 …
Electricity Act, 2003; Section 14- Andhra Pradesh Electricity Regulatory Commission (Distribution Licence) Regulations, 2013- Whether the designation of an entity as a SEZ developer by the MoCI ipso facto qualifies the entity to be a deemed distribution licensee, obviating the need for an application under section 14 of the Electricity Act?- Being a SEZ developer …
Constitution of India, 1950; Article 226 – When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution of India – Availability of an alternate …