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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)

2003 Act? (ii) Whether Parliament has conferred power of judicial review on the Appellate Tribunal for Electricity under Section 121 of the 2003 Act? (iii) Whether capping of trading margins could be done by the CERC ('Central Commission') … 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

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

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Regulatory Commission Act, 1998 - Sections 14(1), 14A(7), 14(2), 18(5), 26(1), 27 and 77; Electricity Act, 2003 - Sections 60, 61, 62, 66, 79, 79(1), 79(3), 111, 121, 178, 178(2) and 179; Indian Companies Act, 1913; Trade Marks Act - Sections 76; Government of India Act, 1915 - Sections 108; Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006

Reported in : 2009(2)LHSC1037; 2009AIRSCW2946; 2009LC(SC)489; JT2009(3)SC564; 2009(3)SCALE845; (2009)5SCC466; 2009(3)LC1543(SC)

(supra) has no application to the present case. The Regulations have been framed under Section 178 of the Electricity Act, 2003 (in short `2003 Act'). It is pointed out that there is conceptual difference between the provisions which have … there is conceptual difference between the provisions which have relevance, as contained in 1998 Act and 2003 Act. Section 121 of 2003 Act gives ample power to the Tribunal to deal with the matter. The fixation of tariff

Cesc Ltd. Vs. Gajendra Haldea and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 60, 66, 111, 121, 125, 127 and 142

Reported in : 2009AIRSCW3987; 2009LC(SC)496; 2009(5)SCALE489; 2009(4)LC1738(SC)

Delhi (hereinafter referred to as to the `Tribunal'). The appeal has been filed under Section 125 of the Electricity Act, 2003 (in short the `Act').2. The primary stand of the appellant is that though the Tribunal accepted that Electricity … is that the Tribunal is not empowered to determine tariff in exercise of its revisional supervisory powers under Section 121 of the Act. It was pointed out that the exercise of power under Section 121 of the Act

Grid Corporation of Orissa Ltd. Vs. Gajendra Haldea and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 52, 60, 62, 66, 79(1), 86(1), 111, 111(1), 121, 127, 142 and 178; Central Electricity Rules, 2005 - Rule 9; Central Electricity Regulatory Commission (Procedure, Terms and Conditions for grant of Trading License and other related matters) Regulations, 2004; Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006 - Regulation 2

Reported in : 2008AIRSCW7294; 2008LC(SC)511; [2008(4)JCR10(SC)]; 2008(11)SCALE313; 2008(2)LC1095(SC)

Central Electricity Regulatory Commission (in short the `CERC') purportedly under Section 52 read with Section 79(1)(g) of the Electricity Act, 2003 (in short the `Act') on 28.2.2006. The prayers inter- alia were under: (a) Direct GRIDCO to adhere to … transaction, because respondent No. 1-Gajendra Haldea in order to prove that he had locus standi relied on Sections 121 and 142 of the Act. It was also stated that it is not in the nature of PIL.

Central Electricity Regulatory Commission Vs. Gajendra Haldea and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 60, 66, 111, 121, 125, 127 and 142

Reported in : 2009(3)AWC2669(SC); 2009LC(SC)508; JT2009(14)SC317; (2009)11SCC556

Delhi (hereinafter referred to as to the `Tribunal'). The appeal has been filed under Section 125 of the Electricity Act, 2003 (in short the `Act').2. The primary stand of the appellant is that though the Tribunal accepted that Electricity … is that the Tribunal is not empowered to determine tariff in exercise of its revisional supervisory powers under Section 121 of the Act. It was pointed out that the exercise of power under Section 121 of the Act

Ptc India Ltd. Vs. Gajendra Haldea and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 60, 66, 111, 121, 125, 127 and 142

Reported in : 2009(5)SCALE411

Delhi (hereinafter referred to as to the `Tribunal'). The appeal has been filed under Section 125 of the Electricity Act, 2003 (in short the `Act').2. The primary stand of the appellant is that though the Tribunal accepted that Electricity … is that the Tribunal is not empowered to determine tariff in exercise of its revisional supervisory powers under Section 121 of the Act. It was pointed out that the exercise of power under Section 121 of the Act

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

Court : Appellate Tribunal for Electricity APTEL

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 … which are appealable under section 111 of the Act. There is another power of the Tribunal located in Section 121 according to which this Tribunal may after hearing the appropriate Commission or any other party, issue such orders

Twenty First Century Wire Rods Limited Vs. the Administrator and ors.

Court : Mumbai

Subject : Electricity

Acts : Electricity Supply Act, 1948 - Sections 49 and 79; Electricity Act, 2003 - Sections 1 to 121 and 122 to 185; Electricity Regulatory Commissions Act, 1998; Constitution of India - Article 226 and 227; Tariff Regulations

Reported in : 2006(1)ALLMR408; 2006(1)BomCR539; (2005)107BOMLR1220

dt.22.9.03 and 2.3.04 are both illegal and unlawful as the notification dt.2.4.93 lapsed on the provisions of the Electricity Act, 2003, having brought into force on 10.6.03. The learned counsel for the petitioners has drawn my attention to the … computed on the basis of method prescribed under notification issued on 2.4.93 in exercise of power conferred under Section 49 of the Electricity Supply Act, 1948. On 19.9.03 the Writ Petition preferred in respect of Unit No. … has been brought into effect in so far as sections 1 to 121 and 122 to 185 with effect from 10.6.03. Under the scheme of

West Bengal State Electricity Board Vs. Gajendra Haldea and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 60, 66, 111, 121, 127, 142 and 125

Reported in : JT2009(7)SC240; 2009(6)MhLJ8(SC); 2009(5)SCALE484; (2009)7SCC384

Delhi (hereinafter referred to as to the `Tribunal'). The appeal has been filed under Section 125 of the Electricity Act, 2003 (in short the `Act').2. The primary stand of the appellant is that though the Tribunal accepted that Electricity … is that the Tribunal is not empowered to determine tariff in exercise of its revisional supervisory powers under Section 121 of the Act. It was pointed out that the exercise of power under Section 121 of the Act

West Bengal Electricity Regulatory Commission Vs. Gajendra Haldea and ...

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 60, 66, 111, 121, 125, 127 and 142

Delhi (hereinafter referred to as to the `Tribunal'). The appeal has been filed under Section 125 of the Electricity Act, 2003 (in short the `Act').2. The primary stand of the appellant is that though the Tribunal accepted that Electricity … is that the Tribunal is not empowered to determine tariff in exercise of its revisional supervisory powers under Section 121 of the Act. It was pointed out that the exercise of power under Section 121 of the Act