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May 31 2011

In the Matter of Mumbai International Airport Pvt. Ltd. Mumbai Vs. Mah ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-31-2011

Subject : Land Acquisition

adopted by the State Commission by creating such category was not in line with the provisions of the Electricity Act, 2003. 8. Thereupon the RIL (R-2) filed an application before the State Commission to determine its distribution tariff for … re-determination of tariff within the prescribed period of 8 weeks. 12. Being aggrieved by the inaction on the part of the State Commission, the Appellant filed an application before the Tribunal on 30.04.2009 for issuing appropriate directions … PER THE HONOURABLEMr. JUSTICE M. KARPAGA VINAYAGAM, CHAIRPERSON 1. Mumbai International Airport is the Appellant herein. The Maharashtra Electricity

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May 30 2012

The Tata Power Company Limited, Rep. by B.J. Shroff Vs. Maharashtra El ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-30-2012

Subject : Electricity

MERC, to kindly issue further instructions to SLDC Kalwa for scheduling power as per the provisions in the Electricity Act,2003” 5. In this situation the appellant filed a writ application on 19.05.2010 before the Hon’ble Bombay High Court … Court’s order dated 11.06.2010 and 16.06.2010 and in view of these orders there was no embargo on the part of the MSLDCL to schedule generation of the appellant. 8. Now, the appellant on 11.06.2010 requested the MSDCL … MSLDC the exigency of scheduling 160 MW to Tata Power Distribution in view of Tata Power Distribution’s rising load and its mounting external power purchase

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Jan 08 2007

Gopal Sao and anr. Vs. State of Bihar and anr.

Court : Patna

Decided on : Jan-08-2007

Subject : Criminal

electricity for commercial purposes. In the alternative the petitioners submit that in view of Section 152 of the Electricity Act, 2003 at the most they would be liable to pay Rs. 20,000/- and as 'such Rs. 30,000/- to be … S.P. Singh, J.1. Heard learned counsel for the parties By instant quashing application under Section 482 Cr.P.C. the petitioners seek modification of the order dated 26.9.06 passed … readiness to deposit the loss suffered by the Board in instalments. In view of the willingness of the petitioners to deposit loss suffered by the

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Mar 15 2010

Ptc India Ltd. Vs. Central Electricity Regulatory Commission Thr. Secy ...

Court : Supreme Court of India

Decided on : Mar-15-2010

Subject : Direct Taxation

Acts : Electricity Act, 2003 - Sections 1 to 120, 121 and 122 to 185; ;Companies Act, 1956; ;Electricity (Amendment) Act, 2003 - Sections 1, 1(2), 1(3) and 4; ;Electricity (Supply) Act, 1948 - Sections 16(5), 46, 46(1), 49, 49(1), 49(2), 59 and 79; ;Electricity Regulatory Commissions Act, 1998; ;Indian Electricity Act, 1910; ;Income-tax Act, 1961; ;Reserve Bank of India Act, 1934 - Sections 45JA, 58, 58(1) and 58(2); ;Motor Vehicles Act, 1939 - Sections 43A, 47 and 60; ;Securities and Exchange Board of India Act, 1992; ;Telecom Regulatory Authority of India Act, 1997; ;Constitution of India - Articles 14 and 226; ;Electricity Supply Code; ;Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006; ;Central Electricity Regulatory Commission (Terms and Conditions of T

Reported in : JT2010(3)SC1,2010(3)LC1203(SC)

legislation.QUESTIONS OF LAW:4. The crucial points that arise for determination are:(i) Whether the Appellate Tribunal constituted under the Electricity Act, 2003 ('2003 Act') has jurisdiction under Section 111 to examine the validity of Central Electricity Regulatory Commission (Fixation of … 2003 Act?FACTS:5. In this batch of civil appeals, appellants had challenged the vires of the Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006 … to function as a transmission licensee, through a transfer scheme to be effected in the manner specified under Part XIII and such company or companies shall be deemed to be transmission licensees under this Act.(2) The functions

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Oct 12 2015

Dakshin Haryana Bijli Vitran Nigam Ltd. Vs. Sirohi Medical Centre

Court : Punjab and Haryana

Decided on : Oct-12-2015

Subject : MRTP

of connected load i.e. 27 KW and penalty of Rs. 13,43,179/- was imposed under Section 135 of the Electricity Act, 2003 (hereinafter referred to as 'the 2003 Act'). Thus, demand raised by the defendants was claimed to be valid. … dated 18.04.2012 passed by Civil Judge (Sr. Divn.) Faridabad was upheld and cross-objection filed by the plaintiff against part decretal of the suit was also dismissed. 2. Plaintiffs filed suit for declaration to the effect that demand … against the judgment and decree dated 09.04.2013 passed by District Judge, Faridabad vide which judgment and decree dated 18.04.2012 passed by Civil Judge (Sr. Divn.)

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May 30 2012

Kanan Devan Hill Plantations Company Pvt. Ltd. Munnar and Others Vs. K ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-30-2012

Subject : Land Acquisition

respect of each of the appellants. It is contended as follows:- a) As per the provisions of the Electricity Act, 2003 , the Commission has to decide the price of power to be purchased by the distribution licensees either … ,b) whether the parameters laid down in section 61 of the Act should not be followed?, c)whether, more particularly, criteria such as costs, expenses, availability of power, consumer base, consumer mix, efficiency of operations, financial viability of … expenses, availability of power, consumer base, consumer mix, efficiency of operations, financial viability of each licensee, distribution loss, geographical position which would vary from licensee

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Oct 19 2006

Vidarbha Industries Association Vs. Maharashtra State Electricity

Court : Appellate Tribunal for Electricity APTEL

Decided on : Oct-19-2006

Subject : MRTP

Reported in : (2006)LCAPTEL1116

4/2005 as the same is illegal, void and without jurisdiction and not permissible under Section 23 of the Electricity Act , 2003 under Section 62(6) read with 94(f)) of the Electricity Act, 2003 2. The Respondents filed reply. The Appellant … during periods of shortage of power generation as against the demand, and that load management charge is not part of the Tariff but it has been imposed validly under Section 23 of the Electricity Act, 2003.8. It … to the appeal and revision can be summarized conveniently. The Appellant M/s. Vidarbha Industries Association, representing its members came forward with the above appeal and

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Nov 29 2013

T.Bhuvaneswari Vs. District Collector Cum District Magistrate of Erode ...

Court : Chennai

Decided on : Nov-29-2013

Subject : Land Acquisition

Licensee in the capacity of Central Transmission Utility, as envisaged under Sections 38, 85 and 40 of the Electricity Act, 2003.9. The 3rd respondent has further submitted that the Government of India, in exercise of powers conferred by sub-Section … Gazette of India No.1148, authorising the respondent-Corporation, to exercise all the powers vested in the Telegraph Authority, under Part III of the Indian Telegraph Act, 1885, in respect of Electrical Lines and Electrical Plants established or maintained … General Manager, Power Grid Corporation of India Ltd., K.R.Thoppu, Konakkapadi (PO), Karukalwadi Village, Tharamangalam (Via), Omalur Taluk, Salem District, Salem.3. The Chief Engineer, Power Grid

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Mar 29 2006

Uttar Pradesh Power Corporation Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Decided on : Mar-29-2006

Subject : MRTP

Reported in : (2006)LCAPTEL310

this Tribunal pointed out as against the said order no appeal is maintainable under Section 111 of The Electricity Act, 2003, the learned Counsel pleaded that this Tribunal may treat the appeal as a Petition under Section 121 of … Rajasthan High Court has already stayed on 10^th January, 2003 operation of the said order. 2. Heard the parties. Shri K.K. Mittal appearing for RRVPNL, Respondent No. 2 submitted that another Miscellaneous Application has also been filed … Civil Miscellaneous Appeal No. 133/2002 has been filed by the Rajasthan Rajya Vidyut Prasaran Nigam Ltd. for the Rajasthan High, Jaipur Bench, against the Commission's

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Nov 23 2006

Monnet Ispat Limited Vs. Chhattisgarh State Electricity

Court : Appellate Tribunal for Electricity APTEL

Decided on : Nov-23-2006

Subject : MRTP

Reported in : (2006)LCAPTEL505

1^st May, 2004.9. The first Respondent, Board, moved the second Respondent, Regulatory Commission, under Section 64 of The Electricity Act, 2003 namely for determination of Tariff for various category of consumers in the State of Chattisgarh for the year … schedule attached to this agreement. (b) The consumer is permitted to change in Tariff from 132 kV to part Tariff in the said premises to start-up power Tariff w.e.f March 2004. The Tariff applicable to the consumer … kVA power on 132 kV supply line under its start-up power notified vide Notification dated 24^th February, 2004 in the place of existing Tariff. The

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