Jaipur Vidyut Vitran Nigam Ltd. vs Adani Power Rajasthan Ltd. 2025 INSC 770 - S.125 Electricity Act
Electricity Act 2003- Section 125 - A mere question of law would not be sufficient enough to entertain an appeal under Section 125 of the 2003 Act. Added to that, it should be such that the substantial question of law, if answered in the affirmative in favour of the appellant, shall have the effect of reversing the decision of the APTEL. While deciding a substantial question of law, this Court shall do so, based upon the findings of fact rendered by the APTEL, unless by way of an exception, a perversity is found thereunder. In a case where a finding is rendered contrary to the records, without assigning any reason, and/or on a total misconception of the fact seen apparently on the face of the record, may in a given case, give rise to a substantial question of law. Suffice it is to state that a substantial question of law has to be framed by this Court in exercise of the power under Section 125 of the 2003 Act and, thereafter, to be answered accordingly. (Para 16)
