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2010 Supreme(SC) 229

K. G. BALAKRISHNAN, S. H. KAPADIA, R. V. RAVEENDRAN, B. SUDERSHAN REDDY, P. SATHASIVAM
PTC India – Appellant
Versus
Central Electricity Regulatory Commission – Respondent


JUDGMENT

S. H. Kapadia, J. —

Delay condoned.

2. Leave granted.

3. In this batch of civil appeals, we are basically concerned with the doctrine and jurisprudence of delegated legislation.

QUESTIONS OF LAW:

4. The crucial points that arise for determination are: -

(i) Whether the Appellate Tribunal constituted under the Electricity Act, 2003 (“2003 Act”) has jurisdiction under Section 111 to examine the validity of Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006 framed in exercise of power conferred under Section 178 of the 2003 Act?

(ii) Whether Parliament has conferred power of judicial review on the Appellate Tribunal for Electricity under Section 121 of the 2003 Act?

(iii) Whether capping of trading margins could be done by the CERC (“Central Commission”) by making a Regulation in that regard under Section 178 of the 2003 Act?

FACTS:

5. In this batch of civil appeals, appellants had challenged the vires of the Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006 as null and void before the Appellate Tribunal for Electricity and had prayed for quashing of the said Regulations. The Tribunal, however, dismissed



































































































































































































































































































































































































































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Judicial Analysis

No cases in the provided list are explicitly identified as overruled, reversed, or explicitly treated as bad law. There are no clear language cues such as "overruled," "reversed," "criticized," or "abrogated" that indicate a case has been invalidated or discredited in subsequent decisions. Therefore, based on the information given, there are no definitive cases to categorize as bad law.

[Followed/Consistently Cited]

Multiple references to "Central Electricity Regulatory Commission, (2010) 4 SCC 603" and "PTC India Ltd. v. ..." suggest these are considered authoritative and are frequently cited for principles related to the powers, regulations, and scope of the Central Electricity Regulatory Commission under the Electricity Act, 2003.

For example, entries like Transmission Corporation of Andhra Pradesh Ltd. VS Sai Renewable Power Pvt. Ltd. - 2010 5 Supreme 388, Peoples Monitoring Group of Electricity Regulation VS Government of Andhra Pradesh - 2011 0 Supreme(AP) 168, Indraprastha Gas Ltd. VS Petroleum and Natural Gas Regulatory Board - 2012 0 Supreme(Del) 2366, Ambuja Cements Ltd VS Raj. Electricity Regulatory Commission - 2012 0 Supreme(Raj) 2027, Sai Bhaskar Iron Ltd. VS A. P. Electricity Regulatory Commission - 2016 5 Supreme 98, Tata Power Company Limited Transmission VS Maharashtra Electricity Regulatory Commission - 2022 0 Supreme(SC) 1184, Haryana Power Purchase Centre VS Sasan Power Ltd. - 2023 0 Supreme(SC) 716, K. C. Ninan VS Kerala State Electricity Board - 2023 0 Supreme(SC) 555, BSES Rajdhani Power Ltd. VS Delhi Electricity Regulatory Commission - 2022 0 Supreme(SC) 1069, Tata Power Company Limited Transmission VS Maharashtra Electricity Regulatory Commission - 2022 0 Supreme(SC) 1184, Naresh Chandra Agrawal VS Institute Of Chartered Accountants of India - 2024 2 Supreme 238, State Of Himachal Pradesh VS JSW Hydro Energy Limited - 2025 0 Supreme(SC) 1075, Tamil Nadu Generation And Distribution Corporation Ltd. VS Penna Electricity Limited - 2025 0 Supreme(SC) 2053, and others repeatedly cite the 2010 SCC 603 decision and treat it as a binding or guiding authority, indicating consistent judicial recognition and application.

The repeated references to "the principles of 'generality vs. enumeration'" and the "scope of powers" as laid down in that case suggest it is considered a foundational judgment for the legal principles governing the Central Electricity Regulatory Commission.

Several entries, such as India Cements Ltd. VS Chairman, APSERC, Hyderabad - 2011 0 Supreme(AP) 575, South Indian Sugar Mills Assn, Bangalore VS Karnataka Electricity Regulatory Commission - 2014 0 Supreme(Kar) 725, Surana Minerals Pvt Ltd. VS State of Rajasthan - 2020 0 Supreme(Raj) 394, Hindustan Shipyard Ltd. , Rep. by its Senior Manager (Plant Maintenance) VS Eastern Power Distribution Company of Andhra Pradesh Ltd. - 2024 0 Supreme(AP) 944, and others, mention the case in passing or reference principles from it without explicit indication of subsequent treatment (whether followed or criticized). Their treatment remains unclear based solely on the snippets.

Some entries like Byrnihat Industries Association VS State of Meghalaya - 2015 0 Supreme(Megh) 99, Belma Mawrie VS Chief Information Commissioner - 2015 0 Supreme(Megh) 112, and MAHINDRA ELECTRIC MOBILITY LIMITED VS COMPETITION COMMISSION OF INDIA - 2019 0 Supreme(Del) 924 mention the case in the context of analyzing provisions or jurisdiction but do not specify whether the case was overruled, questioned, or upheld.

The entries National Securities Depository Ltd. VS Securities & Exchange Board of India - 2017 3 Supreme 355, K. C. SHANKARE GOWDA S/O CHIKKAMUNE GOWDA VS STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, VETERINARY AND FISHERIES DEPARTMENT, GOVERNMENT OF KARNATAKA - 2017 0 Supreme(Kar) 391, DCW Limited VS Union of India - 2018 0 Supreme(Guj) 899, and Rajeev Kumar Damodarprasad Bhadani VS Executive Engineer, Maharashtra State Electricity Distribution Company Limited (MSEDCL) (earlier ‘MSEB’) - 2024 0 Supreme(Bom) 31 refer to the case in relation to the validity or powers of the regulatory commissions but do not clarify if the case has been reaffirmed or criticized subsequently.

The case [IND_APTEL_APL_363_2022] discusses tariff regulation and references the SCC 603 decision but does not specify treatment beyond citing it as a relevant authority.

Overall, many references appear to treat the SCC 603 case as good law or authoritative, but without explicit statements of affirmation or critique, treatment remains somewhat ambiguous.

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