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Dec 01 2008

The Assistant Executive Engineer (Electricl), Karnataka Electricity Bo ...

Court : Karnataka

Decided on : Dec-01-2008

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 126, 127 and 145; Karnataka Electricity Board Electricity Supply Rules - Rules 2.33 and 46.01; Karnataka Electricity Board Electricity Supply Regulations, 1988

Reported in : 2009(2)KarLJ504:2009(1)KCCR436; 2009(2)AIRKarR95; 2009(2)KLJ504:2009(1)KCCR436;

preferring an appeal to the appellate authority provided under the Regulations and the civil court's jurisdiction is ousted. Section 145 of the Electricity Act, 2003, which bars the civil court's jurisdiction was also pressed into service.6. In addition, … maintainable, as rightly held by the trial court. The learned Counsel referred to the relevant Sections of the Electricity Act, 2003 as well as to the Karnataka Electricity Board Electricity Supply Regulations, 1988 ('Regulations, 1988 in short') to submit … given aggrieved party a right to appeal before Appellate Authority provided under Regulations. INDIAN ELECTRICITY ACT (30 OF 2003) Section 126 & Karnataka Electricity Board Electricity Supply Regulations (1988) Regulation 2.33: [V. Jagannathan, J] Demand made on behalf

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Sep 13 2006

The Gulbarga Electricity Supply Co. Ltd. R/by Its Assistant Executive ...

Court : Karnataka

Decided on : Sep-13-2006

Subject : Electricity

Acts : Consumer Protection Act, 1986 - Sections 12 and 145; Electricity Act, 2003 - Sections 145; Code of Civil Procedure (CPC) - Sections 151; K.E.R.C. (Electricity Supply and Distribution) Code, 2000-2001 - Sections 42.06 and 44.01

Reported in : 2006(6)KarLJ286

and also not made any sincere efforts to go through the relevant provisions of Section 145 of The Electricity Act, 2003. It is crystal clear that in pursuance of any power conferred by/under this Act in respect of any

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Oct 15 2004

Ahmedabad Electricity Company Limited Vs. Ramesh D. Devnani

Court : Gujarat

Decided on : Oct-15-2004

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

entertain the civil suit in view of the provisions of the Electricity Act, 2003, especially in view of section 145 thereof and has also prayed to quash and set aside the order below application exh. 15 in Civil … 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

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Jun 02 2005

The Executive Engineer, Kptcl Now Gescom and ors. Vs. Ishwaramma and a ...

Court : Karnataka

Decided on : Jun-02-2005

Subject : Electricity

Acts : Electricity (Supply) Act, 1948 - Sections 5; ;K.E.B. Electricity Supply Regulations, 1988 - Sections 49 and 79J; ;Consumer Protection Act - Sections 12A; ;Electricity Act, 2003 - Sections 126, 127 and 145; ;Code of Civil Procedure (CPC) - Sections 9 and 44.01

Reported in : AIR2006Kant23; ILR2005KAR5206; 2006(3)KarLJ625

which deals with the ousting of jurisdiction of the Civil Court as well as any other forum is Section 145. Section 145 of the Electricity Act, 2003 (for short 'Act') would read as under:'145. Civil Court not to … matter.7. The moot question which requires to be considered in this proceeding is whether the provisions of the Electricity Act, 2003 would oust the jurisdiction of the Civil Court or any other forum. The relevant provision which deals with

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Sep 25 2008

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

Court : Delhi

Decided on : Sep-25-2008

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, … and on the ground that the subject matter of the present suit cannot be decided in view of Section 145 of the Electricity Act.4. Brief factual matrix for deciding this appeal is that the plaintiff is the association

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Jul 21 2008

Bses Rajdhani Power Ltd. Vs. Ashok Kumar

Court : Delhi

Decided on : Jul-21-2008

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 42, 42(5), 42(6), 42(7), 42(8), 126, 127 and 145

Reported in : 152(2008)DLT723; 2008(106)DRJ272; 2009LC(DEL)779

civil suit.2. The petitioner's contention is that Section 42 (5) and (6) of Electricity Act, 2003 read with Section 145 Electricity Act, 2003 take away the jurisdiction of Civil Court.3. Section 42 (5) and (6) of Electricity Act, … Narayan Dhingra, J.1. This petition gives rise to the question whether Section 42 Sub-section (5) and (6) of Electricity Act, 2003 exclude the jurisdiction of Civil Court and a consumer has necessarily to resort to the machinery as provided

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Nov 18 2011

Thirumangalam Agricultural Producers Co.Op Marketing Society Ltd. Vs. ...

Court : Chennai

Decided on : Nov-18-2011

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Section 9; Electricity Act, 2003 - Section 145; Indian Electricity Act, 1910 - Section 26 (6); Tamil Nadu Electricity Act, 2003 - Section 185; Electricity (Supply) Act, 1948

counsel for the Appellant/Plaintiff that both the Courts should have seen that as per Section 145 of the Electricity Act, 2003, the jurisdiction of the Civil Court is passed only in respect of the proceedings covered as per Sections

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Apr 28 2006

Haryana State Electricity Board Vs. Mam Chand

Court : Supreme Court of India

Decided on : Apr-28-2006

Subject : ElectricityConsumer

Acts : Electricity Act, 2003 - Sections 126, 135 and 145; Consumer Protection Act, 1986 - Sections 2, 12 and 15; Sale of Goods Act, 1930; Electricity Rules

Reported in : 2006(3)AWC2184(SC); (2006)5CompLJ60(SC); II(2006)CPJ14(SC); [2006(3)JCR190(SC)]; JT2006(5)SC198; 2006(4)MhLj482; 2006MPLJ211(SC); RLW2006(3)SC2320; 2006(4)SCALE652; (2006)4

Electricity Act, 2003 the jurisdiction of the civil court is excluded. In this connection reliance was placed on Section 145 of the said 2003 Act under which the jurisdiction of the civil court to entertain suits in respect … Leave granted.2. Is the consumer beneficial jurisdiction extendable to assessment and quantification of duty (including penalty) under the Electricity Act, 2003, is the question which arose before the State Commission under the Consumer Protection Act, 1986.With the industrial revolution

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Oct 09 2007

Accounts Officer, Jharkhand State Electricity Board and anr. Vs. Anwar ...

Court : Supreme Court of India

Decided on : Oct-09-2007

Subject : ElectricityConsumer

Acts : Consumers Protection Act, 1986 - Sections 2; Electricity Act, 2003 - Sections 126 and 145; Sale of Goods Act, 1930

Reported in : AIR2008SC164; 2007(6)ALLMR(SC)943; 2007(4)AWC4137(SC); 2007(2)BLJR3066; (SCSuppl)2008(1)CHN25; [2008(1)JCR236(SC)]; JT2007(12)SC639; (2008)1MLJ153(SC); 2007(12)SCALE37

Electricity Act, 2003 the jurisdiction of the civil court is excluded. In this connection reliance was placed on Section 145 of the said 2003 Act under which the jurisdiction of the civil court to entertain suits in respect … extent of the beneficial consumer jurisdiction, particularly with regard to technical subjects falling under provisions such as the Electricity Act, 2003. Under Section 2(c) of the Act 'complaint' is defined to mean allegation in writing made by a complainant

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Dec 08 2004

K.S.E.B. Vs. Najeeb

Court : Kerala

Decided on : Dec-08-2004

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 24, 24(1), 39, 39A, 42 and 44; Electricity Act, 2003 - Sections 2(7), 50, 56, 56(2), 126, 126(5), 126(6), 127, 135, 138, 145, 152, 185 and 185(2); Electricity (Supply) Act, 1948 - Sections 5(1) and 79; Electricity Regulatory Commissions Act, 1998; General Clauses Act - Sections 6, 24, 30(1), 30(2) and 185; Prevention of Corruption Act, 1947 - Sections 482; Prevention of Corruption (Amendment) Act, 1988 - Sections 30 and 30(2); Indian Penal Code (IPC), 1860 - Sections 116; Indian Electricity Regulation - Regulations 42 and 43; Electricity Supply Code

Reported in : 2005(1)KLT406

42(d) of the Regulations Relating to Conditions of Supply of Electrical Energy or under Section 126 of the Electricity Act, 2003 is the question that has come up for consideration in this case.2. Writ Petition was preferred Seeking a … Authority so far, therefore, in an appropriate case this Court's jurisdiction under Article 226 can be invoked. Further Section 145 of the Act states that Civil Courts have been barred from entertaining suits or proceedings in respect of

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