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T.S.T. Kaznavi Vs. Tamil Nadu Electricity Board Rep. by Its Chairman,

Court : Chennai

Subject : Property

Acts : Land Acquisition Act; Electricity Act, 2003 - Sections 2(17), 2(28), 2(29), 2(32), 2(67), 2(72), 2(73), 2(77), 39(1), 67(2), 68, 164, 173, 174, 175, 185 and 185(2); Indian Telegraph Act, 1885 - Sections 10, 16, 16(1) and 16(3); Electricity Act, 1910 - Sections 2, 12 to 19 and 51; Electricity (Supply) Act, 1948 - Sections 42 and 51; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; The Works of Licensees Rules, 2006; Electricity Regulatory Commission Act, 1998; Indian Penal Code (IPC), 1860 - Sections 188

Reported in : (2008)2MLJ703

Regulatory Commissions and establishment of Appellate Tribunal, etc. The Electricity Act, 2003 is having overriding effect subject to Section 173 of the Act, which relates to the Consumer Protection Act, 1986 or the Atomic Energy Act, 1962 or … has filed counter affidavit. According to the respondent Electricity Board, as per Sections 164 and 185(2)(a) of the Electricity Act, 2003, the Board has the power of the 'Telegraph Authority' under the Indian Telegraph Act, 1885, with regard to

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 … of the Act of 2003 which states:174. Act to have overriding effect - Save as otherwise provided in Section 173, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for

Ranjit Kumar Bag, Additional District and Sessions Judge-cum-special C ...

Court : Kolkata

Subject : CriminalElectricity

Acts : Electricity Act, 2003 - Sections 135, 151 and 153; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 173 and 395(2); ;Prevention of Corruption Act; ;Indian Penal Code (IPC) - Sections 154, 156 and 379

Reported in : 2006(1)CHN445

Moyna Group Electric Supply on 27th January, 2004, police authority started a case under Section 135 of the Electricity Act, 2003 read with Section 379 of the Indian Penal Code, being Sessions Case No. (E) 5(2) 2004. It was … State Electricity Board in the premises of the said person. Police after completion of investigation submitted report under Section 173 of the Code of Criminal Procedure. Learned Sub-divisional Judicial Magistrate transferred the said case to the said Learned

Biswanath Patra Vs. Divisional Engineer (E) S and Lp and State

Court : Kolkata

Subject : ElectricityCriminal

Acts : Electricity Act, 2003 - Sections 135 and 151; ;Indian Penal Code (IPC), 1860 - Section 379; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 401 and 482

Reported in : AIR2007Cal189,2007(2)CHN657

out of Taldanga P.S. Case No. 44 of 2004 dated 9th October, 2004 under Section 135(i)(c) of the Electricity Act, 2003, read with Section 379 of the Indian Penal Code corresponding G.R. Case No. 234 of 2004 pending before … Act, 2003 on the basis of a chargesheet/final report submitted by a police officer under the provisions of Section 173 of the Criminal Procedure Code, as will appear from the order dated 9th February, 2005 passed by the

Subhash Chatterjee Vs. State of West Bengal and anr.

Court : Kolkata

Subject : CriminalElectricity

Acts : Electricity Act, 2003 - Sections 135 to 140, 150, 151, 151A, 151B, 152, 153, 154 and 155; ;Electricity (Amendment) Act, 2007; ;Andhra Pradesh Electricity Act; ;Income Tax Act - Section 27; ;Evidence Act - Section 113A; ;Code of Criminal Procedure (CrPC) , 1973 - Section 173; ;Constitution of India - Article 20(1)

Reported in : 2007(4)CHN1040

offence under Section 151 of the Electricity Act, 2003 on the basis of a police report submitted under Section 173 of Cr. PC. Therefore, the subsequent amendment empowering Special Court to take cognizance of offence under the Act … relates to procedure and 'curative in nature having retrospective effect or not. Under the old Act, i.e. the Electricity Act, 2003, Section 151 which relates to procedure speaks about cognizance of offence to be taken by the Court upon a

Md. Nurul Huda Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 135, 151, 153 and 154(2); ;Electricity (Amendment) Act, 2007; ;Indian Penal Code (IPC) - Section 379; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 173 and 460

Reported in : 2008(3)CHN817

prayer for quashing of the impugned proceedings is this, that taking cognizance of an offence punishable under the Electricity Act, 2003 on a police report is wholly illegal and without jurisdiction. The embargo contained in Section 151 of the … made to the Court by the authorities specified thereunder, and the report of a police officer submitted under Section 173 of the Code of Criminal Procedure does not come within the ambit of the said provisions.4. Heard, Mr.

P. Ajayan Vs. State of Kerala, Represented by the Public Prosecutor an ...

Court : Kerala

Subject : Land Acquisition

re-consideration by a larger Bench in view of the fact that the amendment made under Sec.151 of the Electricity Act, 2003 (hereinafter referred to as “the Act”) by introducing two provisos thereto and inserting Sections 151 A and 151 … take cognizance of an offence punishable under this Act upon a report of a police officer filed under Section 173 of the Code of Criminal Procedure, 1973 (2 of 1974); Provided further that a special court constituted under

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 … Act, 2003 in the following terms :-174. Act to have overriding effect .- Save as otherwise provided in Section 173, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for

Sri Bhagwan Gupta Vs. Kanpur Electricity Supply Company Ltd. and ors.

Court : Allahabad

Subject : Electricity

Acts : Uttar Prades Electricity Act, 2003 - Sections 126, 126(2), 126(5), 126(6), 173, 174, 185, 185(2) and 185(3); Uttar Pradesh Electricity Supply Code, 2002; Uttar Pradesh Electricity Supply Consumers Regulations, 1984; Uttar Pradesh Electricity Reforms Act, 1999; Indian Electricity Act, 1910 - Sections 12 to 18, 37 and 53; Electricity (Supply) Act, 1948 - Sections 49, 67 to 69 and 69(1); Electricity Regulatory Commissions Act, 1998; General Clauses Act, 1897 - Sections 6; Constitution of India - Article 226; Electricity Rules; Indian Electricity Act, 1956

Reported in : 2005(2)AWC1269

which the usage of electricity was authorized.'7. Section 174 of the Act gives an overriding effect to the Electricity Act, 2003. Section 174 is quoted below :'174. Act to have overriding effect.--Save as otherwise provided in Section 173, the provisions

Union of India Vs. Chairman, U.P.S.E.B. and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Railways Act, 1989 - Sections 11 (a), (g); Electricity Supply Act, 1948 - Section 43A, 15A, 2(3A), 173, 26A (1); Consumer Protection Act, 1986 ; Electricity Act, 1910 - Section 27D, 9; Electricity Act, 2003 - Section 10 (2)

that the authority of the Railways to act as above is left unhindered under Section 173 of the Electricity Act, 2003 [which Act replaced the Electricity (Supply) Act 1948]. This Section reads as follows:- 173. Inconsistency in laws. -