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Tata Power Company Limited Vs. Reliance Energy Limited and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Regulatory Commissions Act, 1998 - Sections 22, 22(1) and 22(2); Electricity Act, 1910 - Sections 2 and 21(2); Electricity (Supply) Act, 1948; Electricity Act, 2003 - Sections 2(15), 2(17), 2(61), 14, 14(2), 42, 42(2), 43, 60, 62(1) and 79(2); Electricity Act, 1903 - Sections 2 and 4(1); Indian Factories Act, 1881; Bombay General Clauses Act, 1904 - Sections 3(10); Maharashtra Electricity Regulatory Commission (Distribution, open access), Regulations, 2005 - Regulation 3

Reported in : 2008LC(SC)527; 2008(9)SCALE824; (2008)10SCC321

economy in the activities of the electricity industry to achieve the objects and purposes of the Act. The Electricity Act, 2003, which has replaced the ERC Act after hearings in this case were concluded, also specifically refers to the … by M/s BSES Limited on 23.7.2002 before the Maharashtra Electricity Regulatory Commission (hereinafter referred to as 'MERC'), under Section 22(2)(e) and (n) of the Electricity Regulatory Commissions Act, 1998 (hereinafter referred to as 'the ERC Act'), complaining … 'MERC'), under Section 22(2)(e) and (n) of the Electricity Regulatory Commissions Act, 1998 (hereinafter referred to as 'the ERC Act'), complaining of alleged encroachment by

Torrent Power Aec Ltd. Vs. Gayatri Intermediates Pvt. Ltd.

Court : Gujarat

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 1 to 120 and 122 to 185; Electricity Act, 1910 - Sections 21(2), 26(6), 39 to 50; Electricity (Supply) Act, 1948 - Sections 49; Electricity Regulatory Commissions Act, 1998; Consumer Protection Act, 1986 - Sections 173; Atomic Energy Act, 1962; Railways Act, 1989; Gujarat Electricity Industry (Reorganization and Regulations) Act, 2003; Electricity (Supply) Rules, 1948; Electricity Rules, 1910; Code of Civil Procedure (CPC) - Order 47, Rule 1; Electricity Supply Code - Sections 7; Gujarat Electricity Regulatory Commission (Electricity Supply code and Related matters) Regulations, 2005 - Regulations 7, 7.1 to 7.4, 7.5, 7.6.1, 7.6.2 to 7.6.4, 7.6.5 to 7.6.8 and 7.7; Constitution of India - Articles 14, 20(1) and 226

Reported in : (2006)2GLR1580

ORDERNew Delhi, the 8th June, 2005.S.O. 790(E) Whereas the Electricity Act, 2003 (36 of 2003) (hereinafter referred to as the Act) came into force on the 10th June, 2003 :And … of 2003) (hereinafter referred to as the Act) came into force on the 10th June, 2003 :And whereas Section 50 of the Act provides that the State Commission shall specify an Electricity Supply Code to provide for … 2003) (hereinafter referred to as the Act) came into force on the 10th June, 2003 :And whereas Section 50 of the Act provides that the

N.Mohammed Farook Vs. Union of India

Court : Chennai

Subject : Electricity

Acts : Electricity Act, 2003 - Section 126, 135(1)(e)

Constitution of India praying for the issuance of a Writ of Declaration, declaring the Section 135(1)(e) of the Electricity Act, 2003 as illegal, conflicting and overlapping with Section 126 of the Electricity Act, 2003 and consequently, forbearing the second

Gujarat Urja Vikash Nigam Ltd. Vs. Essar Power Ltd.

Court : Supreme Court of India

Subject : ArbitrationElectricity

Acts : 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

Reported in : 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

now deal with the submission of Mr. Fali S. Nariman that in view of Section 175 of the Electricity Act, 2003, Section 11 of the Arbitration and Conciliation Act, 1996 is also available for arbitrating disputes between licensees and generating … leave has been filed against the judgment of the learned Single Judge of the Gujarat High Court dated 15.6.2006 which was passed on a petition under Section 11(5) and (6) of The Arbitration and Conciliation Act, 1996

Venkateshwara Alloys (P) Ltd. Vs. State of Goa and ors.

Court : Mumbai

Subject : Electricity

Acts : Companies Act, 1956; Indian Electricity Act, 1910 - Sections 2(1), 21, 22, 22A, 22B, 23, 24, 24(1), 51A and 53; Electricity Act, 2003 - Sections 56, 56(1) and 185(2); Electricity Rules - Rules 29 and 31; Constitution of India - Article 226

Reported in : AIR2009Bom106

tendered; and such position of law continues to exist in the analogus provisions under Section 56 of the Electricity Act, 2003; and as such under both the laws old as well as new there is no provision for permanent … India has been invoked by the petitioner, Venkateshwara Alloys (P) Limited, a Company incorporated under the Companies Act, 1956, and having its registered office at Bright Complex, Mehdipatnam, Hyderabad, for seeking a writ directing the respondents to

N.M. Giri S/O S.N. Muniswami, Vs. Amr Power Pvt. Ltd.,

Court : Karnataka

Subject : ElectricityProperty

Acts : Electricity Act, 2003 - Sections 2(49) and 164; Indian Telegraph Act, 1885 - Sections 10 to 19, 19A, 16 and 17; Electricity Supply Act, 1943 - Sections 28(1) and 29; Electricity Act, 1910; Constitution of India - Article 226

Reported in : 2009(6)KarLJ267; 2009(6)AIRKarR44

writ petitions the petitioners are essentially questioning the notification issued by the State under Section 164 of the Electricity Act, 2003 (for short the Act').3. The facts germane far the disposal of thee we petitions are as follows:In both … In both these writ petitions the petitioners are essentially questioning the notification issued by the State under Section 164 of the Electricity Act, 2003 (for short the Act').3. The facts germane far the disposal of thee we

Sh. B.L. Kantroo Vs. Bses Rajdhani Power Ltd.

Court : Delhi

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 126, 127, 135 to 140, 145, 150, 153, 154 and 154(5); Limitation Act; Code of Civil Procedure (CPC) - Sections 9 - Order 7, Rules 10 and 11 - Order 39, Rules 1 and 2

Reported in : 154(2008)DLT56; 2009LC(DEL)762

by or under this Act, Therefore the aforesaid section is to be read with Section 153 of the Electricity Act, 2003. Section 153 of Electricity Act, 2003 reads as under:153. Constitution of Special Courts - (1) The State Government may,

G.V.K. Industries Limited and anr. Vs. Central Electricity Authority

Court : Delhi

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 62, 73, 74, 86(1), 86(2), 185(2) and 185(5); Administrative Tribunals Act, 1985 - Sections 28; Arbitration and Conciliation Act - Sections 8; Registration Act - Sections 30(2); Indian Electricity (Supply) Act, 1948 - Sections 3, 15A(3), 43A and 43A(2); Electricity Regulatory Commission Act, 1998 - Sections 51 and 51(2); State Electricity Act; General Clauses Act, 1897 - Sections 6; Companies Act, 1913 - Sections 153C; Companies Act, 1956 - Sections 647; Gold Control Rules, 1963; Gold Control Act, 1968 - Sections 117; Constitution of India - Articles 23, 32, 226 and 226(1); Code of Civil Procedure (CPC) - Sections 20

Reported in : 2006(88)DRJ377

by the Petitioner in Andhra Pradesh. The CEA had commenced proceedings earlier, but with the enforcement of the Electricity Act, 2003 has now adopted the view that its jurisdiction has been taken away. A host of preliminary or technical … provisions of the statute which excluded the jurisdiction of the High Courts and the Supreme Court, such as Section 28 of the Administrative Tribunals Act, 1985 were unconstitutional. The Apex Court has on several occasions including Harbans … Constitution could be curtailed by statutes such as the Administrative Tribunals Act, 1985. The Court pronounced that the powers of judicial review over legislative action

Ahmedabad Electricity Company Limited Vs. Ramesh D. Devnani

Court : Gujarat

Subject : Electricity

Acts : Income Tax Act, 1961 - Sections 297; Industrial Disputes Act, 1947; The Urban Land (Ceiling and Regulations) Act, 1976; Constitution of India - Articles 14, 20(1), 226 and 227; Electricity Act, 2003 - Sections 15, 126, 126(1), 126(2), 127, 135 to 139, 145, 153, 153(1), 154(5), 185(2), 185(3) and 185(5); Electricity Act, 1910 - Sections 12 to 18, 21(2), 24, 37, 39, 39A, 40, 44, 53 and 67 to 69; Code of Civil Procedure (CPC) - Sections 9; Electricity (Supply) Act, 1948 - Sections 69(1); Electricity Regulatory Commission Act, 1998; Electricity Rules, 1956; General Clauses Act, 1897 - Sections 6; Gujarat Electricity Industry (Reorganisation and Regularisation) Act, 2003 - Sections 21; Bombay Land Revenue Code, 1879

Reported in : AIR2005Guj66; (2005)2GLR1202

conferred by or under this Act. The aforesaid section is to be read with section 153 of the Electricity Act, 2003. Section 153 of Electricity Act, 2003 reads as under:'153. Constitution of Special Courts- (1) The State Government may, for

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

Court : Supreme Court of India

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 … this Act, unless the context otherwise requires,--(9) 'Central Commission' means the Central Electricity Regulatory Commission referred to in Sub-section (1) of Section 76;(23) 'electricity' means electrical energy- (a) generated, transmitted, supplied or traded for any purpose; or (b)