Showing posts with label grounds for attacking appellate order. Show all posts
Showing posts with label grounds for attacking appellate order. Show all posts

Tuesday, 3 January 2017

What is distinction between grounds for attacking appellate order and substantial question of law?

 Under Section 125 of the Electricity Act, 2003, an
appeal to this Court lies only when there is a substantial
question of law, as required for a second appeal under
Section 100 of Code of Civil Procedure, 1908. Though the
appellant has raised 34 questions, they are actually
grounds for attacking the appellate order. Grounds for
attacking an order are different from substantial question
of law evolved in the appeal. On appreciation of the
correspondence between the parties during the subsistence

of the agreement, both the Commission and the Appellate
Tribunal have held against the appellant.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5919 OF 2013
WARDHA POWER CO. LTD.
V
MAHARASHTRA STATE ELECTRICITY
DISTRIBUTION CO. LTD. AND ANR.

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