Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Tribunal, while hearing a first appeal under the Electricity Act, 2003, was required to examine all grounds raised and record reasons, and whether its failure to do so justified setting aside the appellate order and remitting the matter for fresh decision.
Analysis: An appeal under Section 111 of the Electricity Act, 2003 is in the nature of a first appeal. In such an appeal, the appellate forum is expected to examine the entire grounds urged by the parties and give reasons on each material contention. Where the Tribunal does not deal with the core grounds, including the objection based on the statutory framework governing licence and supply of electricity, the appellate order cannot stand as a proper adjudication. Since the merits of the controversy had not been examined by the Tribunal, the appropriate course was to set aside the order and restore the appeals for fresh consideration.
Conclusion: The Tribunal's order was set aside and the matters were remitted for fresh disposal in accordance with law.
Final Conclusion: The appeals succeeded to the extent of obtaining a remand, and the merits of the licensing and penalty issues were left open for reconsideration by the Tribunal.
Ratio Decidendi: A first appellate authority must decide all substantial grounds raised before it and record reasons; failure to do so warrants remand for fresh adjudication.