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Nov 27 1998

M/S. Binani Zinc Fibre and Another Vs. Shri Pandurang Harischandra Tor ...

Court : Mumbai

Decided on : Nov-27-1998

Subject : Electricity

Acts : Electricity Act, 1910 - Sections 12, 17, 19, 52 and 56; Code of Civil Procedure (CPC), 1908 - Sections 9, 20 and 115; Indian Telegraph Act, 1885; Arbitration Act, 1940; Electricity (Supply) Act, 1948 - Sections 82

Reported in : 2000(1)BomCR443; 1999(3)MhLj973

by the Board was that the suit was not maintainable in view of section 56 of the Indian Electricity Act, 1910. Section 56 provides that no suit, prosecution or other proceeding shall lie against any public officer, or any servant … seek to rely upon the provisions contained in sections 12, 19 and 52 of Indian Electricity Act, 1910.6. Section 52 of the said Act is relating to Arbitration proceedings. It provides that where any matter is, by or

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Apr 25 2001

L.M.L. Ltd. Vs. State of U.P. and Others

Court : Allahabad

Decided on : Apr-25-2001

Subject : Electricity

Acts : U.P. Electricity Reforms Act, 1999 - Sections 15, 23 and 24; Electricity Regulatory Commission Act, 1998 - Sections 3, 3(1), 7, 9(4), 10, 11, 13, 15(1), (4) and (5), 17, 18(2), 22, 24(6) , (7) and (8), 27, 28, 29, 29(6), 30, 37, 48, 50, 52 and 52(1) - Regulations 7, 121, 123 and 128; Indian Electricity Act, 1910 - Sections 2(1); U.P. Electricity (Amendment) Act - Sections 15(6); Indian Electricity Rules; Constitution of India - Articles 226 and 254(2); Companies Act, 1956; Indian Penal Code (IPC), 1860 - Sections 193, 219 and 228; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; U.P. Electricity (Duty) Act, 1952

Reported in : AIR2001All321

Power Corporation and in generating companies. In exercise ofpower vested in it under Section 28 of the indian Electricity Act. 1910, the Government of U.P. granted sanction to Kanpur Electricity Supply Company Limited (KESCO) on 13.1.2000 to engage in … unless it has been approved by the Commission. Section 30 confers power on the Commission to make regulations. Section 52 provides that the Commission may make regulations not inconsistent with theAct or the rules and sub-section (2) enumerates

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May 01 1962

National Electric Supply and Trading Corporation Private Ltd. Vs. Punj ...

Court : Punjab and Haryana

Decided on : May-01-1962

Subject : ElectricityArbitration

Acts : Electricity Act, 1910 - Sections 7, 7(1) and 52; Electricity (Amendment) Act, 1959; Arbitration Act, 1940 - Sections 30

Reported in : AIR1963P& H56

date the undertaking was purchased by the State Government under Sub-section (2) of Section 7 of the Indian Electricity Act, 1910 (Act No. 9 of 1910), before Section 7 was substituted by the Indian Electricity (Amendment) Act, 1959 (Act … suggested to the licensee the appointment 01 the Director of Central Water and Power Commission as arbitrator under Section 52 of the Act, but the licensee did not agree to that. On March 25, 1954, the State Government

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Mar 16 1994

Punjab State Electricity Board Vs. Bassi Cold Storage, Khara and Anoth ...

Court : Supreme Court of India

Decided on : Mar-16-1994

Subject : ElectricityArbitration

Acts : Electricity Act, 1910 - Sections 21 and 52; Arbitration Act, 1940 - Sections 33; Arbitration Act, 1899; Constitution of India - Article 136

Reported in : AIR1994SC2544; JT1994(2)SC682; 1994(2)SCALE332; 1994Supp(2)SCC124; [1994]3SCR33

supplied by the appellant Punjab State Electricity Board (hereinafter the Board), who is a licensee under the Indian Electricity Act, 1910 (for short, the Act). The consumer aforesaid had some dispute with the Board (the details of which are … can be determined by arbitration relating to which there is a direction in the Act as stated by Section 52. The counter submission of Shri Sibal is that Section 52 has laid down is that in the matters

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Oct 16 2000

S. Bharat Kumar and Others Vs. Government of Andhra Pradesh and Others

Court : Andhra Pradesh

Decided on : Oct-16-2000

Subject : ConstitutionElectricity

Acts : Constitution of India - Articles 14, 19(1), 38(2), 45, 48, 200, 213, 226, 254 and 300-A; Andhra Pradesh Electricity Reforms Act, 1988 - Sections 3, 5, 9(2), 10(7), 11(3), 12, 21(2), 14, 15, 16, 18, 19, 23(4), 25(5), 26(7), 28, 29, 30, 31, 37, 38, 39, 40, 41, 42, 43, 44 and 54(2); Andhra Pradesh Electricity Reforms (Transfer Scheme) Rules, 1999 - Rules 4, 6, 7, 8, 9 and 10; Electricity Supply Act, 1948 - Sections 3(1), 49, 57-A, 76 and 78-A; Indian Electricity Act, 1910 - Sections 52; Electricity Regulatory Commission Act, 1998 - Sections 18 and 19; Andhra Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 1999

Reported in : 2000(6)ALD217; 2000(6)ALT1

Court cannot say that that prescription is irrational or arbitrary.Sub-section (3) of Section 11 reads:Notwithstanding the provisions, of Section 52 of the Indian Electricity Act, 1910 (Central Act 1 of 1910) or the provisions of Section 3(1)(ii) and … of assistance in the decision-making.16. The supply and use of electricity was first controlled and regulated under the Electricity Act, 1910 thereinafter called as 'the Electricity Act'). The Electricity Act was comprehensive and provided for generating companies, the licensing

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Apr 27 2005

Jai Glass and Chemicals Pvt. Ltd. Vs. the West Bengal State Electricit ...

Court : Kolkata

Decided on : Apr-27-2005

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 20, 30, 33 and 41; ;Constitution of India - Article 226; ;Indian Electricity Act, 1910 - Sections 2, 19(4), 24, 24(2), 26(6), 36(2), 44(3), 45(3), 52 and 57; ;Electricity Supply Act, 1946 - Section 76; ;Electricity Supply Act, 1948 - Section 76; ;Electricity Rules

Reported in : (2005)3CALLT343(HC)

be referred to the authority concerned.11. While considering the above provisions it is also essential to look into Section 52 of the Indian Electricity Act, 1910 which is set out as under:'Section 52. Lower limit of power factor … the said Act. The petitioner had also invoked the provisions of Section 24(2) and 26(6) of the Indian Electricity Act, 1910 read with section 76 of the Electricity Supply Act, 1948.3. According to the petitioner all the bills that

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Apr 28 2000

ind-barath Energies Ltd., Hyd. Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Decided on : Apr-28-2000

Subject : Electricity

Acts : Andhra Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 - Rule 7(2) - Regualtions 7, 8(1), 9, 11, 12, 13, 14, 16 and 19; Andhra Pradesh Electricity Reforms Act, 1998 - Sections 9 to 11, 12, 54 and 55; Electricity (Supply) Act, 1948 - Sections 5 and 76; Electricity Duty Act, 1930 - Sections 3; Indian Electricity Act, 1910 - Sections 28 and 52; Companies Act, 1956; Constitution of India - Article 254;

Reported in : 2000(3)ALD546; 2000(3)ALT257

shall be pursuant to and shall seek to achieve such objectives and purposes. (3) Notwithstanding the provisions, of Section 52 of the Indian Electricity Act, 1910 (9 of 1910) or the provisions of Section 3(1)(ii) and Section 76 … for the purpose under Section 3 of the Electricity Duty Act, 1930 read with Section 28 of Indian Electricity Act, 1910.7. The gravamen of the complaint in the instant writ petitions relates to the third respondent-commission initiating proceedings for

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Jul 12 1996

Punjab State Electricity Board, Mahilpur Vs. M/S. Guru Nanak Cold Stor ...

Court : Supreme Court of India

Decided on : Jul-12-1996

Subject : Electricity

Acts : Electricity Act, 1910 - Sections 6(1), 7-A(I), 8, 9, 10, 12 to 18, 19(4), 21(4), 22, 32, 33, 36, 37, 44(3), 52, 55(3) and 78-A(2); Electricity (Supply) Act 1948 - Sections 76(2); Arbitration Act, 1940 - Sections 46

Reported in : AIR1996SC2684; 1996(2)ARBLR285(SC); JT1996(6)SC678; 1996(5)SCALE487; (1996)5SCC411; [1996]Supp3SCR534; 1996(2)LC586(SC)

respondent called upon the appellant to refer the dispute to an arbitrator under Section 52 of the Indian Electricity Act, 1910 (for short, the 'Electricity Act') or under Section 76(2) of the Electricity (Supply) Act, 1948 (for short, 'Supply

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Oct 03 2002

West Bengal Electricity Regulatory Commission Vs. C.E.S.C. Ltd. Etc. E ...

Court : Supreme Court of India

Decided on : Oct-03-2002

Subject : ElectricityCivil

Acts : Electricity Regulatory Commissions Act, 1998 - Sections 3, 4, 17, 18, 19, 20, 22, 22(1), 26, 27, 29, 29(2), 29(3), 29(4), 29(5), 29(6), 30, 37, 50 and 52; Indian Electricity Act, 1910 - Sections 3(2); Electricity (Supply) Act, 1948 - Sections 44, 44(3), 46, 49, 57, 57A, 57B, 58, 58(2), 59 and 76(2); Consumer Protection Act, 1986; Atomic Energy Act, 1962; West Bengal Electricity Regulatory Commission (Appointment of Chairperson and Members Functions, Budget and Annual Report) Rules, 1999 - Rule 4; West Bengal Electricity Regulatory Commission (Conduct of Business) Regulations, 2000 - Regulations 18, 24, 30, 31, 32 and 42; Contempt of Courts Act; Constitution of India - Articles 226 and 227; Companies Act, 1956; RDB Act - Sections 34; Finance Corporation Act, 1951 - Sections 46B; Si

Reported in : AIR2002SC3588; [2003(1)JCR194(SC)]; JT2002(7)SC578; 2002(7)SCALE217; (2002)8SCC715; MANU/SC/0859/2002

necessary to have a look at the various enactments which have direct bearing on these issues.10. The Indian Electricity Act, 1910 (the 1910 Act), was enacted with a view to make an improvement on the then existing legislation controlling … to only two other enactments, namely, the Consumer Protection Act, 1986 and the Atomic Energy Act, 1962. While Section 52 gives overriding effect to the provisions of the 1998 Act, notwithstanding anything inconsistent therewith, in any enactment other

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Nov 13 1959

The Okara Electric Supply Co. Ltd. and anr. Vs. the State of Punjab an ...

Court : Supreme Court of India

Decided on : Nov-13-1959

Subject : Constitution

Acts : Constitution of India - Articles 19 and 31; Indian Electricity Act, 1910 - Sections 28, 28(1) and 52; Indian Electricity (Amendment) Act, 1959

Reported in : AIR1960SC284; [1960]2SCR239

and 31 of the Constitution. 2. The first petitioner was granted sanction under s. 28 of the Indian Electricity Act, 1910 (9 of 1910) (hereinafter called the Act) authorising it to engage in the business of supplying energy at … difference or dispute determined by arbitration in the manner prescribed in s. 52 of the Act; provided fourthly that the Provincial Government shall pay the … We are concerned with s. 28 as it stood prior to its amendment by Act 32 of 1959. Section 28(1) reads thus : 'No person, other than a licensee, shall engage in the business of supplying energy

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