Appeal to Supreme Court
Section 125 of the Electricity Act, 2003 deals with appeal to Supreme Court. Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civ The Act came into force on 10 Jun 2003.
Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908):
Provided that the Supreme Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
Section 125, The Electricity Act, 2003 (Act 36 of 2003).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dsr Steel (p) LTD vs State of Rajasthan
Court's Decision & Legal Precedent
In matters of statutory tariff fixation by regulatory commissions, the doctrine of promissory estoppel does not apply to prevent legitimate modification of incentive schemes when: (1) the scheme itself explicitly limits validity to a specified date or until tariff revision; (2) proper public notice and hearing is provided during tariff revision proceedings; (3) parties fail to demonstrate they made specific investments in reliance on an unequivocal representation of continuation; and (4) the modified scheme serves the larger public interest. The statutory function of regulatory commissions to fix tariffs in the public interest cannot be constrained by promissory estoppel. Additionally, under Section 125 of Electricity Act 2003, the period of limitation commences from the date of communication of the order, not its pronouncement, and when a review petition is dismissed without reversing the original order, the original order remains appealable.
On this section: Appeals to Supreme Court from Appellate Tribunal decisions, maintainability only on grounds of substantial question of law
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Ongc LTD vs Gujarat Energy Transmission Corp(l)
Court's Decision & Legal Precedent
Where a special statute (such as the Electricity Act, 2003) prescribes a specific limitation period with a defined outer limit (120 days under Section 125), that limitation is mandatory and reflects fundamental public policy favoring expeditious resolution. Neither Article 142 of the Constitution nor Section 5 of the Limitation Act can extend such limitation period beyond the statutory outer limit. An order previously condoning delay beyond the prescribed limit should be recalled and ignored. The preliminary objection based on such non-condonable delay is maintainable and must be accepted, resulting in dismissal of the appeal without consideration of merits.
On this section: Core provision governing appeals from Appellate Tribunal to Supreme Court. Court held that the 60-day period with a further 60-day condonable period (120 days outer limit) is mandatory and special legislation with fundamental public policy implications. Proviso language 'within a further period not exceeding 60 days' creates a strict outer limit that cannot be extended.
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Union of India vs All Orissa Tax Bar Association
Court's Decision & Legal Precedent
The National Tax Tribunal Act, 2005, insofar as Sections 5, 6, 7, 8, and 13 are concerned, violates the basic structure of the Constitution by failing to ensure that a tribunal substituting High Court jurisdiction possesses the same standards, independence, security of tenure, and qualifications required for judges of the High Court. While Parliament has legislative competence to create tribunals and transfer appellate jurisdiction, such transfer must conform to recognized constitutional conventions derived from Westminster model constitutions and the principles of separation of powers, rule of law, and judicial independence which form part of the basic structure. Specific violations include: (1) locating tribunal sittings primarily in Delhi denies litigants accessibility; (2) vesting power over tribunal jurisdiction and member transfer with the Central Government (an interested party) compromises independence; (3) allowing non-legally qualified Accountant Members and Technical Members to decide substantial questions of law violates the requirement that tribunal members possess stature commensurate with High Court judges; (4) Selection Committee composition with government Secretaries violates principle that a party's opponent cannot select adjudicators; (5) five-year renewable terms encourage members to curry favor with government; (6) allowing Chartered Accountants and any authorized person to represent parties before a forum deciding only questions of law undermines the specialized nature of appellate adjudication. Consequently, the entire National Tax Tribunal Act is struck down as unconstitutional.
On this section: Example of direct appeal to Supreme Court from appellate tribunal on questions of law
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 125
What have the courts held on Section 125 of the Electricity Act?
Dsr Steel (p) LTD vs State of Rajasthan (01 May 2012) is the leading judgment on this section among those set out below: Appeals to Supreme Court from Appellate Tribunal decisions, maintainability only on grounds of substantial question of law. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2012 to 2017.
How do I find court cases under Section 125 of the Electricity Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Electricity Act 2003 125, section 125 Electricity Act 2003, section 125 of the Electricity Act. People searching for it also type section 125 of electricity act 2003. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Dsr Steel (p) LTD vs State of Rajasthan (01 May 2012).
When did Section 125 of the Electricity Act come into force?
Section 125 of the Electricity Act, cited as Electricity Act 2003 125, came into force on 10 Jun 2003, having been enacted on 26 May 2003. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.