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Government of National Capital Territory of Delhi and Others Vs. Union ...
Delhi
Aug-04-2016
Education
vs. GNCTD and Ors.Policy Directions dated 12.06.2015 issued by the Department of Power, GNCTD under Section 108 of Electricity Act, 2003 without placing before the Lieutenant Governor for his views/concurrence.8.W.P.(C) No.348/2016Ramakant Kumar vs. GNCTDNotification dated 22.12.2015 issued by the … the Union Territories for the purposes of their administration, we shall in brief refer to the provisions of Chapter I of Part V of the Constitution that deals with the Executive of Union. 44. In order to … on the earlier occasion shall continue till the next date of hearing." 38. In the light of the said order, it is not open to
Tag this Judgment! AI Brief & AskMadhya Pradesh Power Generation Company Ltd Vs. Madhya Pradesh Electri ...
Appellate Tribunal for Electricity APTEL
May-06-2011
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 … 10. Petition No.8 of 2010 filed by the appellant which is about 388 page petition contains facts and figures station-wise in support of the prayer
Tag this Judgment! AI Brief & AskIn the Matter Of: Damodar Valley Corporation Vs. Central Electricity R ...
Appellate Tribunal for Electricity APTEL
May-10-2010
Direct Taxation
in the year 2003, w.e.f. 10.06.2003. Under this Act, the DVC was brought under the provisions of the Electricity Act, 2003 for electricity business. In view of the said Act, the tariff of the DVC for generation and inter-State … given by the Tribunal. It is also strenuously contended by the learned Senior counsel for the Appellant that Chapter IV of the DVC Act, even as per the findings of the Tribunal, is entirely applicable but the … following issues:- i) Additional capitalisation. ii) Interest on capital as per Section 38 of the DVC Act. iii) Other capital being adjusted against depreciation. iv)
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Present: Mr.Govind Goel Advocate with Vs. Punjab State Power Corporati ...
Punjab and Haryana
Sep-17-2013
Education
Single Judge dated 09.09.2011 relegating the appellant to the remedy of an appeal under Section 127(3) of the Electricity Act, 2003 (for short “said Act”.). The appellant is a private limited company and was carrying on Kumar Ramesh 2013.09.20 … 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 … Kaul, J.) in the decision reported at 113 (2004) DLT547in Para 37, 38 and 40 of the said judgment reads as under:- Kumar Ramesh 2013.09.20
Tag this Judgment! AI Brief & AskMahindra Electric Mobility Limited and Anr. Vs.cci and Anr.
Delhi
Apr-10-2019
MRTP
determine policy and issue directions etc.); other enactments such as Airports Economic Regulatory Authority of India, 2008; The Electricity Act, 2003 (Section 79 and various sub-sections enabling determination of policy, the Tariff, Regulations of Tariffs, facilitation of inter-State transmission … but not under Section 3 of the Act. Hearing on penalty is extended to all other cases under Chapter VI of the Act including for non-cooperation and gun-jumping, but not for penalties in respect of contraventions under … not to Article 323B of the Constitution of India but to Articles 38 and 39 of the Constitution of India and its character can be
Tag this Judgment! AI Brief & AskKerala State Electricity Board Vs. Thomas Joseph Alias Thomas M. J.
Supreme Court of India
Dec-16-2022
Land Acquisition
being not by any artificial means or through the tampered meter, the assessment under Section 126(6) of the Electricity Act 2003 (for short, ‘the Act 2003’) could only be called to twice the fixed charges payable and such consumer … electricity” means the usage of electricity as explained in Section 126 of the Act;50. Regulation 153 falls within Chapter IX of the Code 2014. Chapter IX is in respect of theft, unauthorised use and other irregularities. The … with transmission; Part VI with distribution and Part VII with tariff.35. Section 38 of the Act 2003 provides that the Central Government may notify any
Tag this Judgment! AI Brief & AskThe Tamil Nadu Spinning Mills Association, Represented Dindigul, and O ...
Appellate Tribunal for Electricity APTEL
Jan-11-2011
Land Acquisition
in January, 2010 praying for punishing the Tamil Nadu Electricity Board under Sections 142 and 146 of the Electricity Act, 2003 for having levied the penalty for exceeding the quota during evening peak hours in violation of Rule 38 … to the Appellants, Section 23 of the Act cannot be pressed into service as it finds place in Chapter IV of the Act which deals with Licensing only. Section 23 of The 2003 Act empowers the State
Tag this Judgment! AI Brief & AskGujarat Urja Vikash Nigam Ltd. Vs. Essar Power Ltd.
Supreme Court of India
Mar-13-2008
ArbitrationElectricity
Arbitration and Conciliation Act, 1996 - Sections 2(3), 11, 11(5) and 11(6); Gujarat Electricity Industry (Reorganization and Regulation) Act, 2003; Electricity Act, 2003 - Sections 79, 79(1), 86(1), 94(2), 158, 173, 174 and 175; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; Mimansa Rules; State Grid Code; Constitution of India - Article 14; Arbitration and Conciliation Ordinance, 1996
AIR2008SC1921; 2008(2)ARBLR1(SC); 2008(2)AWC1238(SC); (2008)2CompLJ357(SC); 2008(4)CTC539; 2008LC(SC)1; (2008)3GLR2246(SC); JT2008(3)SC336; (2008)4MLJ573(SC); (2008)4SCC75; 2008AIRSCW2169
Ahmedabad (hereinafter in short 'the Commission') by Application No. 873 of 2005 made under Section 86(1)(f) of the Electricity Act, 2003 (hereinafter in short 'the Act of 2003').8. Since the Nigam did not send its approval for appointment of … of dealing with conflicts which have been fully discussed by Shabar Swami in his commentary on Sutra 14, Chapter III, Book III of Jaimini.(1) Where two texts which are apparently conflicting are capable of being reconciled, then
Tag this Judgment! AI Brief & AskM.i.D.C. Industries Association Chandrapur Vs. Maharashtra Electricity ...
Appellate Tribunal for Electricity APTEL
Jul-21-2009
Electricity
bad debts and deduct for the purpose of determination of tariff in tune with various provisions of the Electricity Act, 2003 (the Act) and the Tariff Policy for encouraging efficiency of operations and good performance. The appellant has taken … the State Commission in its Order has dealt with the issue of ASC and IASC in detail under Chapter 8: Determination of Additional Supply Charge (Page 153-155). Relevant extracts from the Order are given below: In the … level of distribution losses, the transmission and distribution losses works out to 38.12% as against the earlier approved loss levels of 26.87% (if the TandD
Tag this Judgment! AI Brief & AskM/S. Abraham Memorial Educational Trust and Others Vs. C. Suresh Babu
Chennai
Aug-07-2012
Education
Goa Coaching Classes (Regulation) Act, 2001; Section 17(2)(a) of The Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003; Section 23(2)(a) of The Tamil Nadu Groundwater (Development and Management) Act, 2003; Section 10(1)(a) of The Tamil Nadu … or the State Government, as the case may be, he shall not be liable for prosecution under this Chapter. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a … the 'Trust' out of the purview of Section 141 of the Act. 38. In order to substantiate this contention, the learned senior counsel has brought
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