Supreme Court

Court Restores Section 319 CrPC Summoning Power and Emphasizes Obligation to Put All Guilty on Trial

In Shiv Baran Vs. State of U.P., the Supreme Court upheld a trial court’s directive issuing a summon to an additional accused under Section 319 CrPC, underlining the fact that plausible evidence at trial, e.g., consistent eye-witnesses can support adding an individual to the trial even if being left out in the chargesheet. The Court deprecated the interference by the High Court, making it clear that Section 319 gives courts jurisdiction to thwart guilty individuals from going scot-free because of investigative failures and needs to be applied with judicial prudence.

Supreme Court

Supreme Court Enforces Contractual Free Power Duties Over Statutory Limit, Giving Primacy to Regulator

In State of Himachal Pradesh Vs. JSW Hydro Energy Ltd., the Supreme Court held that a contractual commitment of supplying 18% free power to the State is not affected by the CERC’s 13% tariff ceiling. The Court made it clear that the cap is valid only for tariff calculations and does not prevail over freely negotiated terms. It underlined regulatory primacy, sole jurisdiction of CERC/APTEL, and declined High Court interference. The ruling protects contractual freedom and regulatory discipline in the electricity industry.