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Feb 05 2008

The Executive Engineer (Distribution), Tamil Nadu Electricity Board Vs ...

Court : Chennai

Decided on : Feb-05-2008

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 126(5), 126, 126(6), 135 to 139, 153(5), 154, 172, 185, 185(1), 185(2) and 185(5); Indian Electricity Act, 1910; Electricity (Amendment) Act, 2007; Electricity Supply Act, 1948 - Sections 49; Electricity Supply Act, 1943; General Clauses Act, 1897 - Sections 6 and 6(1); Electricity Regulatory Commissions Act, 1998; Employees State Insurance Act, 1948; Constitution of India - Article 14; Electricity Rules; Electricity Regulations

Reported in : AIR2008Mad148; (2008)2MLJ812

the repealed laws shall, insofar as it is not inconsistent with the provisions of the new Act and Section 172 of the Electricity Act 2003 also does not save conditions of supply and if the Parliament desired to … Court, has disposed of the writ petitions holding as follows:Under the new Section 126(5) and (6) of the Electricity Act, 2003, in respect of the supply other than domestic or agricultural, the maximum period of levy for the assessment

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Sep 30 2003

NabIn Agarwal and anr. Etc. Vs. C.E.S.C. Ltd. and ors.

Court : Kolkata

Decided on : Sep-30-2003

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 2(51), 43, 172 185 and 185(2);; Indian Electricity Act, 1910 - Sections 21(2), 172(3)

Reported in : AIR2004Cal227

in a purposive and fair manner which the Court has tried to do in this case.36. Further, the Electricity Act, 2003 contemplates more than one service connections in the same premises. Section 43 of the said Act clearly provides … conditions of supply which had been sanctioned by the State Government under Section 21(2) of the 1910 Act.42. Section 172(b) of the Electricity Act, 2003 (hereinafter referred to as 'the Act of 2003') also does not save conditions

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Jul 08 2010

Transmission Corporation of Andhra Pradesh Ltd. and anr. Vs. Sai Renew ...

Court : Supreme Court of India

Decided on : Jul-08-2010

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 61,82(1),86 (1)(a)(b),111(1),125,185,39,172(b),185(3); DevelopersElectricity Reform Act, 1998 - of Section 21 (4)(B); Electricity Regulatory Commissions Act, 1998 - Section 3,15,17,22; Reform Act, 1998 - Section 11,15(5),21,21(4),11(1)(c)&(e)

th July, 2004. Aggrieved from both these orders the Developers filed independent appeals under Section 111(1) of the Electricity Act, 2003 collectively against the order dated 20th March, 2004 as modified by order dated 7th July, 2004. These appeals … the Developers shall vest in DISCOM(s) w.e.f. 10th June, 2004 in terms of Section 39 read with Section 172(b) of the Electricity Act, 2003. The Review Petitions filed by the Developers before the Regulatory Commission came to

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Dec 17 2004

Hindustan Petroleum Corpn. Ltd. Vs. Gujarat Electricity Board

Court : Gujarat

Decided on : Dec-17-2004

Subject : Electricity

Acts : The Electricity Act, 2003 - Sections 14, 15, 19, 42, 49, 53, 56, 59, 62, 62(1), 64, 64(6), 82, 86, 131(2) and 172; Indian Electricity Act, 1910 - Sections 24 and 24(1); Electricity Regulatory Commission Act, 1998 - Sections 17, 22, 29, 29(2), 29(3), 85 and 85(1); Electricity Regulations, 1999 - Regulations 78, 84 and 88; Factories Act - Sections 2; Constitution of India - Articles 12 and 14; Reorganization Act; Damodar Valley Corporation Act, 1948 - Sections 3(1)

Reported in : AIR2005Guj164; (2005)1GLR519

with retrospective effect.3. Mr. G.N. Shah, learned counsel for some of the petitioners advanced the following arguments:3.1 The Electricity Act, 2003 (hereinafter referred to as the Act) was brought into force by Central Government Notification dated 10th June 2003. … 2003 (hereinafter referred to as the Act) was brought into force by Central Government Notification dated 10th June 2003. Section 172(d) of the said Act authorizes a State Government to declare that the said Act shall not apply

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Mar 10 2005

Plasto Precessors Vs. Gujarat Electricity Board

Court : Gujarat

Decided on : Mar-10-2005

Subject : ElectricityCivil

Acts : Electricity Act, 2003 - Sections 50, 56, 126, 126(4), 126(5), 127, 135 to 139, 147, 154(5), 154(6), 155, 172, 185(1), 185(2), 185(3) 185(4) and 185(5); Indian Electricity Act, 1910; Electricity (Supply) Act, 1948; Electricity Regulatory Commission Act, 1998; Indian Electricity Rules, 1956; Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003; General Clauses Act, 1897 - Sections 6; Code of Criminal Procedure (CrPC) , 1973 - Sections 6, 357 and 357(5); Constitution of India - Article 226; Code of Civil Procedure (CPC)

Reported in : (2005)2GLR993

they are relevant shall be dealt with hereinafter while dealing with the connected point.2. It appears that the Electricity Act, 2003 (hereinafter referred to as 'the New Act') has come into force vide notification, dated 10.6.2003 of the Govt. … whole of the country. However, in the Act itself there are powers with the State Govt as per section 172(b) to declare that any or all the provisions contained in the new Act shall not apply in the

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Jun 30 2004

Prabhatbhai S. Desai Vs. Ahmedabad Electricity Co. Ltd.

Court : Gujarat

Decided on : Jun-30-2004

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 24; Electricity (Amendment) Act, 2003 - Sections 14, 50, 126, 172 and 185; Indian Electricity (Supply) Act; Constitution of India - Artilces 14, 20(1) and 226

Reported in : (2005)2GLR1266

was pleased to dismiss the Notice of Motion.2. The learned advocate appearing for the appellant submitted that The Electricity Act, 2003 (hereinafter referred to as 'the new Act' for the sake of brevity) is applicable to the facts of … supply is disconnected.'5. Mr.Pujara, the learned advocate submitted that, in the new Act transitional provisions are made in section 172. According to him clause (d) of section 172 of the new Act has direct application to the facts

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Dec 01 2011

Sri Swadesh Ghosh Vs. Cesc Limited and ors

Court : Kolkata

Decided on : Dec-01-2011

Subject : Education

the assessed amount as precondition and for filing of fresh appeal as envisaged under Section 127 of the Electricity Act, 2003 and for other ancillary reliefs. 2 It is the case of the petitioner that he is engaged in … the Indian Electricity Act, 1910 which has statutory force and continue to operate during the transitional period under Section 172 of the Indian Electricity Act and, therefore, the impugned order suffers from error of law and fact and

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Apr 13 2006

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

Court : Gujarat

Decided on : Apr-13-2006

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

to 120 and Section 122 to 185 of the Electricity Act, 2003 came into force. Clause (d) of Section 172 containing transitional provisions reads as under :-172. Transitional provisions.-Notwithstanding anything contrary contained in this Act,-(d) the State Government … 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

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Jul 22 2016

Hari Bansh Lal Vs. State of Jharkhand and Ors.

Court : Jharkhand

Decided on : Jul-22-2016

Subject : Land Acquisition

of Annexure-6 of the writ application, it is clear that said notification was issued in view of the Electricity Act, 2003 Section 172(a) considering JSEB as State Transmission and Utility and licensee.14. Learned Counsel has vehemently raised that the Government

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May 11 2006

Chhattisgarh State Electricity Vs. the Chhattisgarh State

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-11-2006

Subject : Land Acquisition

Reported in : (2006)LCAPTEL645

the Chhattisgarh State Electricity Regulatory Commission containing decision to grant the distribution license under Section 15(6)(b) of the Electricity Act, 2003 (ii) to order confiscation of illegal distribution network of power lines created by Jindal Steel and Power Ltd. … Jindal Power should be treated as a deemed licensee under 2003 Act by virtue of the provisions of Section 172(b) and 185(2)(a) as State Government's letter dated 29^th January, 2003 has already accorded license to supply electricity to

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