Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract: Commercial contract - Interpretation of - Power Purchase Agreement - Energy Charge Formula |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Commercial contract - Interpretation of - Power PurchaseAgreement - Energy Charge Formula - Procurement route wav 'fuelspecific' having 'a pre-identified site' - The procurer-respondentarranged the fuel (coal) and specified the site location for the project- Energy charges were designed to vary in accordance with theactual cost of coal and the actual quality of coal - Procurer was responsible for co~·t of coal and quality of coal i.e. Gross CalorificValue (GCV) of coal - It was clarified by the procurer that the 'coal'to be supplied for the project would be 'washed coal' - The procurerdeducted certain components of monthly tariff i.e. component ofcost of purchasing coal comprising washing related costs; consideration of mid-point GCV of ROM coal on equilibrated GCVbasis·(EGCV) to calculate energy charges; denying of roadtransportation cost at the plant-end and at the mine-end; anddenying the Liaising charges, transit and handling losses and denyingthird party coal testing charges etc. - Appellant filed petition beforeState Commission challenging the deductions - State Commission dismissed the petition - Appellate Tribunal rejected the appeal onmost of the grounds - On appeal. held: Normally a contract shouldbe read as it reads. as per its express terms - The explicit terms arethe final word with regard to the. intention of the parties - Readingan implied condition into the contract is necessitated only when penta-test comes into play - There has to be a strict necessity for it- A multi-clause contract inter-se the parties has to be understoodand interpreted in a manner that any view, on a particular clause· of the contract, should ·not do violence to another part of thecontract - In the present case, the Court has read the contract (Power Purchase Agreement) only in the manner it reads - Energy ChargeFormula alone would have to be referred to for the purposes ofcalculation of the coal price - The principle of 'business efficacy'would also require the court to read 'Monthly Energy Charges'formula in a manner as would be normally understood - Reference to coal in the formula would be only a reference to 'washed' coaland not to 'unwashed' coal - The prior activity of 'washing· beforereceiving the coal at the project site would be part of the pricing ofcoal and cost of purchasing the same - The transportation costs tothe project site have to be compensated - It is not qualified bymethodology of transfer i.e. railway or road and therefore appellant is entitled to it - The Calorific Value of coal has to be determined atproject-site and not at the mine-site - Appellant is not entitled toany other charges as the formula contains only three elements andno other element other than those would form part of the formula -Rules of Interpretation - Principle of 'Reddendo Singula Singuilis'- Electricity Act, 2003 - ss. 63 – Electricity |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2017 INSC 1008 |
Petitioner | Nabha Power Limited (npl) |
Respondent | Punjab State Power Corporation Limited (pspcl) & Anr. |
SCR | [2017] 14 S.C.R. 301 |
Judgement Date | 2017-10-05 |
Case Number | 179 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |