TRANSMISSION CORPORATION OF A.P. versus CH. PRABHAKAR AND ORS.

Since the constitutional interpretation of Article 20, specifically the scope of its guarantee regarding retrospective criminal legislation and deprivation of rights, is involved, the matter is referred to a larger bench for authoritative determination.

Parties: Appellant: Transmission Corporation of A.P.; Respondents: Ch. Prabhakar and Ors.; Appellant (not Party in Original Writ, as Per Text): Transmission Corporation of A.P. Limited
Jurisdiction: India
Judgment Date: 26 May 2004
Procedural Posture: Civil Appeal / Reference to Larger Bench
Outcome: Referred to larger bench
Legal Topics: Constitutional Validity, Retrospective Operation of Statutes, Right of Appeal, Summary Trial, Legislative Competence

Constitutional Law Criminal Law Electricity Law Constitutional Validity Retrospective Operation of Statutes Right of Appeal Summary Trial Legislative Competence

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Full judgment text Legal principles 3 Authorities cited 27 Party arguments 2 Amounts and remedies 5

Parties

Transmission Corporation of A.P.

Appellant

Ch. Prabhakar and Ors.

Respondents

Transmission Corporation of A.P. Limited

Appellant (not Party in Original Writ, as Per Text)

Procedural Posture

Civil Appeal / Reference to Larger Bench

Legal Issues

1 Whether the Indian Electricity (Andhra Pradesh Amendment) Act, 2000, particularly Sections 39, 49-C, 49-D and 49-E, is constitutionally valid.
2 Whether the Amending Act can operate retrospectively to transfer and affect pending criminal cases.
3 Whether the accused can be deprived of substantive rights, such as a right of appeal or a better procedure, given the increased punishment and summary trial provisions.

Ratio Decidendi

Court Disposition

Referred to larger bench

Orders

Question formulated in para 15 of the order referred to larger bench for consideration.