Supreme Court of India
Chattisgarh State Electricity Board v. Central Electricity Regulatory Commission and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
8 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that Section . 5 of the Limitation Act cannot be invoked by this Court for entertaining an appeal filed against the decision or order of the Tribunal beyond the period of 120 days specified in Section 125 of the Electricity Act and its proviso.
Judgment, page 24
From the headnote
Electricity Act, 2003: s. 125, proviso - Appeal to Supreme Court - Period of limitation - Application u/s 5 of Limitation Act for condonation of delay of 160 days - HELD: Not maintainable - Electricity Act is a special legislation within the meaning of s. 29(2) of Limitation Act - s. 5 of Limitation Act cannot be invoked for entertaining an appeal filed against decision of Tribunal beyond the period of 120 days as specified in s. 125 of Electricity Act and its proviso - There is no provision in Electricity Act under which Supreme Court can entertain an appeal against an order of Tribunal
Authorities it was built on
- 2001 Union of India v. M/s. Popular Construction Co.
- 1963 Vidyacharan Shukla v. Khubchand Baghel and Others
- 1995 Mukri Gopalan v. Cheppilat Puthanpurayil Aboobacker
- 1965 Gopisetti Venkataratnam and Others v. The Vijayawada Municipality and Others
- 1975 Mangu Ram v. Municipal Corporation of Delhi
- 2008 Commnr. of Customs, Central Excise, Noida v. M/s Punjab Fibres Ltd., Noida
- 1992 Patel Naranbhai Marghabhai and Ors. v. Deceased Dhulabhai Galbabhai and Ors.
- 1996 State of Kerala and Ors. v. M.N. Sankara Narayanan and Ors.
- 1991 The Collector of Central Excise, Madras v. M/s. M.M. Rubber & Co. Tamil Nadu
- 1979 Assistant Transport Commissioner (administration), Uttar Pradesh & Ors v. Sri Nand Singh
Where later benches applied it
- 2020 Commissioner (ct) Ltu Kakinada & Ors. v. M/s. Glaxo Smith Kline Consumer Health Care Limited
- 2018 Bengal Chemists & Druggists Assn. v. Kalyan Chowdhury
- 2017 Oil & Natural Gas Corp. Ltd. v. Gujarat Energy Transmission Corporation Ltd. & Ors.
- 2011 Ketan V. Parekh v. Special Director, Directorate of Enforcement and Another.
- 2021 V Nagarajan v. Sks Ispat and Power Ltd.& Ors.
- 2018 P. Radha Bai and Ors. v. P. Ashok Kumar and Anr.
- 2012 M/s. Dsr Steel (p) Ltd. v. State of Rajasthan & Ors.
- 2021 Kalpraj Dharamshi & Anr. v. Kotak Investment Advisors Ltd. & Anr.
Of those, 4 relied on · 1 distinguished · 3 referred to
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