Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Donor gifted the land to enable donee to construct a cinema hall on gifted land after obtaining permission under bye-laws regulating construction of cinema halls - Since donee has duly complied with conditions of gift by constructing a cinema hall on gifted land and operating it for about 47 years, it..........
Electricity Act, 2003, Section 61, 62 -- Electricity (Late Payment Surcharge) Rules, 2022, R.4, Draft RERC (Terms and Conditions for Determination of Tariff) Regulations, 2025, Regul.91 - Tariff for creating regulatory assets - Tariffs are determined, and that truing up is conducted in a timely manner, by exercising suo motu powers if necessary - In case of non-compliance..........
Electricity Act, 2003, Section 79, 178, Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 -- Whether the CERC exercises regulatory or adjudicatory functions under Section 79 of the Act, 2003? - In the absence of a regulation under Section 178 does not preclude the CERC from exercising its powers under Section 79(1) to make..........
Electricity Act, 2003, Section 79, Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 -- Whether the grant of compensation by the CERC for the delay is a regulatory or adjudicatory function and to what extent are the principles of natural justice applicable to the exercise of such functions? - CERC is enabled to exercise its..........
Transfer of Property Act, 1882, Section 105 -- Lease deed - Execution of lease deed by one co-owner whereas other co-owners witnessed the lease deed - Co-owners who have witnessed the lease deed do not become confirming parties - There is huge difference between executing a particular document and being a witness to the same document - Witness does not in any manner agree..........
Electricity Act, 2013, Section 79(1)(c), 86(1)(c), Rajasthan Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2016 -- Regulation of inter state open access - Inter state transmission falls within domin of CERC u/S.79(1)(c) but to regulate intra state transmission and distruction u/S.86(1)(c) is well established - Regulations 2016 do not..........
Electricity Act, 2003, Section 79(1)(c), 42(2), 42(3), Rajasthan Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2016 -- Regulation of inter state open access - S.79(1)(c) empowers central regulatory authority over inter-sate transmission of electricity but S.42(2) empowers state commissions to regulate open access - S.43(3) empowers..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Tri-party settlement between borrower/flat owners, builder and Bank/lender - Full compliance of terms and conditions undertaken by three parties has been done satisfactorily - Bank had extended discounts, builder had discharged its obligations of payment of its share of pre-EMI and borrowers had discharged..........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 302, 201, 34, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442 -- Bail - It is well-settled that bail is the rule, and jail is the exception - When a revision application challenging the order of discharge is admitted for hearing, the High Court may exercise power under Section 390..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Petitioner is seeking one chance to join proceedings before trial Court by abiding to terms and conditions - Paramount consideration of Court is to secure presence of accused on each and every date for speeding up trial for its final conclusion - Order declaring petitioner as..........
