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Dec 23 2011

B.T.Kokila Vs. the Chairman, Tamilnadu Electricity and ors.

Court : Chennai

Decided on : Dec-23-2011

Subject : Electricity

Acts : Tamil Nadu Electricity Supply Code - Regulation 23(AA); Electricity Act, 2003 - Section 135; Code of Civil Procedure (CPC) - Order 21

the cases on hand, barring one or two, are cases in which proceedings under Section 135 of the Electricity Act, 2003, have been initiated. 3. In some cases, the petitioners have come up with writ petitions, immediately after provisional … A comparison of Section 126 as it stood before the Amendment Act 26 of 2007, with the one as it stands today, would show that … appellate and revisional jurisdiction of this Court under Section 156, in a manner similar to those prescribed by Chapters 29 and 30 of the Code of Criminal Procedure. 21. An interesting facet of Sections 154 to 156

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Dec 06 2013

B.S.N.L. Vs. Telecom Regulatory Auth.of India and ors.

Court : Supreme Court of India

Decided on : Dec-06-2013

Subject : Service Tax

cannot be used for framing regulation on that topic. Learned senior counsel referred to Section 62 of the Electricity Act, 2003, which, according to him, is pari materia to Section 11(2) and argued that in view of paragraph 15 … the order, such of its powers and functions under this Act (except the power to settle dispute under Chapter IV and to make regulation under section36) as it may deem necessary. 35.Power to make rules.- (1) The … correctness of the judgment of the Federal Court, which held that Rule 26 of the Defence of India Rules framed under clause (j) of Section

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May 31 2004

Sohan Lal Vs. North Delhi Power Ltd. and ors.

Court : Delhi

Decided on : May-31-2004

Subject : ElectricityCivil

Acts : Constitution of India - Articles 226 and 254; Indian Electricity Act, 1910 - Sections 39; Electricity (Supply) Act, 1948; Delhi Electricity Reforms Act, 2000 - Sections 61; Delhi Electriicty Regulatory Commission (Performance Standards - Marketing and Biling) Regulations, 2002 - Regulations 25 and 26; Electricity Act, 2003 - Sections 126 and 135

Reported in : 113(2004)DLT547

considered necessary to enact a comprehensive Act for regulating the electricity supply industry. Thus, came into being The Electricity Act, 2003(hereinafter to be referred to as, 'the said Act').4. The aspect of the theft of electricity was dealt with … liability. Insofar as the provisions of Section 126 of the said Act are concerned, they fall under the Chapter dealing with 'Investigation and Enforcement'. Section 126 no doubt refers to an assessment but that assessment is only … 2001-2002 had been made applicable with effect from 1.6.2001. Regulations 25 and 26 dealt with the aspect of theft/tampering/dishonest abstraction of energy (DAE) and the

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Jun 03 2010

M/S Sarjan Realities Pvt. Ltd. and Another Vs. Maharashtra Electricity ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jun-03-2010

Subject : Land Acquisition

on the date of enactment of the Electricity Act, 2003 and held as under in para 1 of Chapter 7(B) on “Determination of wheeling charges and surcharge”. “ The Commission rules that open access transactions on the … contracts, the Commission opined that all open access contracts in existence on the date of enactment of the Electricity Act, 2003 should be honoured to ensure sanctity of the contract. The Commission ruled that all open access transactions on … if it is established that the higher rates are payable to them? 26. Let us now deal with every one of the issues raised in

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May 06 2011

Madhya Pradesh Power Generation Company Ltd Vs. Madhya Pradesh Electri ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-06-2011

Subject : Land Acquisition

been found impossible for the appellant, a generating company within the meaning of Section 2 (28) of the Electricity Act,2003 to reach the benchmarks or the yardstick fixed by the Commission in its said Regulations, 2009, by virtue … provisions of the Tariff Regulations,2009 in respect of which amendment is sought for. The Regulations,2009 consists of five chapters covering 59 regulations of which we quote some of them as could be seen hereunder for better appreciation … 7. Sanjay Gandhi Thermal Power Station (SGTPS), Birsinghpur, Power House-I Unit 1 26.03.1993 Unit 2: 27.03.1994 17 yars 8. Sanjay Gandhi Thermal Power Station (SGTPS),

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Jul 26 2016

V.B.R. Menon Vs. The Assistant Executive Engineer, Chennai and Others

Court : Chennai Madurai

Decided on : Jul-26-2016

Subject : Land Acquisition

impugned Final Assessment Order No.AEE/OandM/Porur/F.APTS/D.No.105/15-16, dated 02.06.2015 passed by the 1st respondent, under Section 135 of the Indian Electricity Act, 2003, (hereinafter referred to as 'the Act') and to quash the same and consequently, to direct the respondents to … made a detailed argument by inviting the attention of this Court to Rule 22(a) of Regulation 23AA of Chapter IV of the Supply Code, which defines "accused person". Further, it is the submission of the petitioner that … of supply as applicable to the registered consumer. 2-3. While so, on 26.05.2015 at around 5.00 pm, the respondents 1 to 3 had come to

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Jul 14 2014

Hotel Adityaz Limited Vs. Madhya Pradesh Kshetra Vidyut Vitran Co. Ltd ...

Court : Madhya Pradesh

Decided on : Jul-14-2014

Subject : Education

impermissible. It is further submitted that the action of the respondents runs contrary to Section 126 of the Electricity Act, 2003 (for brevity, the 'Act') and clause 9.1.1 of the Code. Shri Katare submits that along with the return, … be made at twice rate, while the units will be arrived at 1.5 times. Reliance is placed on Chapter 10 of the Code and Sections 155 and 154 of the Act. The allegations of malafide are specifically … dispute does not fall within the purview of sub-section (6) of section 26. Such a dispute regarding the commission of fraud in tampering with the

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Nov 12 2007

Tata Steel Limited Vs. Orissa Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Decided on : Nov-12-2007

Subject : Electricity

(w), (x) read with part 6 of Electricity Act 2003 as well as Orissa Electricity Reforms Act 1995. Chapter VIII of the order deals with classification of consumers. 15 classifications like domestic, general purposes, public lighting etc. … Joda unit has been discriminated against in violation of the equality principle enshrined in Section 62(3) of the Electricity Act 2003.2. North Eastern Electricity Supply Corporation (NESCO for short) in its tariff petition, Case No. 141 of 2004, had

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Apr 12 2018

State of Gujarat Vs. Utility Users Welfare Association Through Its Pre ...

Court : Supreme Court of India

Decided on : Apr-12-2018

Subject : Land Acquisition

T.C.(C) No.139/2015 T.C.(C) No.138/2015 T.C.(C) No.137/2015 T.C.(C) No.140/2015 C.A. No.3759-3760/2016 T.P.(C) No.974/2016 JUDGMENT SANJAY KISHAN KAUL, J.1. The Electricity Act, 2003 (hereinafter referred to as the ‘said Page 1 of 84 Act’) provides for Central and State Regulatory Commissions. … Government to constitute a State Transport Authority and Regional Transport Authorities to exercise powers and functions specified in Chapter V. Section 68(2) put a restriction that no person who has a financial interest whether as proprietor, employee … Constitution Bench judgment of this Court in Madras Bar 8 supra Page 26 of 84 Association9 (MJ-I). He, thus, submitted that it is in the

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Nov 20 2014

M/s. G.D. Oil and Floor Mill Vs. Madhya Pradesh Madhya Kshetra Vidyut ...

Court : Madhya Pradesh

Decided on : Nov-20-2014

Subject : MRTP

theft. 17. It is profitable to mention here that in Electricity Act 2003, Section 126 finds place in Chapter - Part XII with the heading "Investigation and Enforcement", whereas Section 135 is in Part XIV under the … Court has considered the distinction between the cases which fall under Section 126 and Section 135 of the Electricity Act, 2003 (in short '2003 Act'). This Court in no uncertain terms opined that in cases where allegation of electricity … dispute does not fall within the purview of sub-section (6) of section 26. Such a dispute regarding the commission of fraud in tampering with the

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