1. Reference to Constitution Bench regarding Electricity Act, 2003 — Subsequent legislation made issue academic. (Para 1 )
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2010 Supreme(SC) 1465
SUPREME COURT OF INDIA
S.H. KAPADIA, CJI., B. SUDERSHAN REDDY, K.S. RADHAKRISHANA, SURINDER SINGH NIJJAR, SWATANTER KUMAR, JJ.
Transmission Corporation of Andhra Pradesh – Appellant
Versus
Ch. Prabhakar – Respondent
C.A. No. 6131 of 2002
Decided On : 29-09-2010
An appeal is rendered academic and liable for dismissal when subsequent legislation is enacted that supersedes the subject matter of the litigation.
Headnote:(A) Electricity Act, 2003 - Effect of subsequent legislation - Appeal rendered academic - Where subsequent legislation is enacted, rendering the subject matter of the appeal academic, the appeal no longer survives and is liable to be dismissed. (Para 1)
Facts of the case:
An appeal was pending regarding a reference to a Constitution Bench. During the pendency of the proceedings, the Electricity Act, 2003, was enacted. The court observed that the introduction of this legislation rendered the issues in the appeal academic.
Findings of Court:
The court found that in view of the subsequent legislation, the matter has become academic and there is nothing left to be decided in the appeal.
Issues: Whether the appeal survives in light of the enactment of the Electricity Act, 2003.
Ratio Decidendi: If subsequent legislation supersedes the legal issues raised in a pending appeal such that the outcome is no longer relevant, the appeal is considered academic and is dismissed.
Result: Appeal dismissed.
Legal Category Hierarchy
Table of Contents
JUDGMENT :
1. In view of the subsequent legislation, we need not answer the reference made to namely, Electricity Act, 2003, learned counsel the Constitution Bench. Consequently, nothing appearing on behalf of the parties say that the survives in this appeal and the same is matter has become academic. Accordingly, accordingly dismissed.
