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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 … filed by the Nigam before us.9. Mr. K.K. Venugopal, learned senior counsel for the appellant, has relied on Section 174 of the Act of 2003 which states:174. Act to have overriding effect - Save as otherwise provided in

Transmission Corporation of A.P. Ltd. and ors. Vs. Lanco Kondapalli Po ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Secitons 8, 9, 11, 11(3), 11(4), 14, 20, 29, 33, 94(2), 126, 127 and 145; Andhra Pradesh Electricity Reform Act, 1998 - Sections 2, 14, 28, 37, 37(1) and 50; Electricity Act, 2003 - Sections 2(64), 82, 82(1), 86, 86(1), 158 and 174; Electricity Regulatory Commissions Act, 1998 - Sections 185 and 185(3); Monopolies and Restrictive Trade Practices Act, 1969; Trade and Merchandise Marks Act, 1958; Partnership Act; Constitution of India - Articles 136 and 226

Reported in : 2006(1)ARBLR1(SC); JT2005(10)SC542; (2006)1SCC540; MANU/SC/2523/2005

terms of Section 37(1) of the 1998 Act corresponding to Section 86(1)(f) read with Section 174 of the Electricity Act, 2003 (for short, '2003 Act'). However, in the meantime, as no arbitrator was appointed by the Appellant in terms

A.Subramani Vs. Tamil Nadu Electricity Board

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure (CPC) - Section 174; Electricity Act, 2003 - Section 68 ; Motor Vehicles Act - Section 163-A

of coconut leaves and, therefore, liability is on the owner to pay compensation.THE STATUTE:10. Section 68 of the Electricity Act, 2003 contains provisions relating to overhead lines. The said provision reads thus:68. Overhead lines.- (1) An overhead line shall, … and died instantaneously, due to electrocution. The Vadamadurai Police registered a case in Crime No.414 of 2010 under Section 174 of the Code of Criminal Procedure and concluded that the death was due to electrocution. The petitioner, thereafter,

Technova Tapes (India) Private Limited, Represented by Its Director A. ...

Court : Karnataka

Subject : Company

Acts : Companies Act, 1956 - Sections 20, 22, 22(1) and 22(2); Trade Marks Act, 1999 - Sections 158; Trade Marks (Amendment) Act, 2003; Electricity Act, 2003 - Sections 174 and 175; Arbitration and Conciliation Act, 1996 - Sections 11; Companies (Amendment), Act 2000; Companies (Amendment), Act 2004

submit that the Supreme Court, while dealing with an apparent inconsistency between Sections 174 and 175 of the Electricity Act, 2003, namely, that Section 174 providing that the Act will prevail over other laws while Section 175 laid down

Damodar Valley Corporation Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Subject : MRTP

the fourth proviso to Section 14 and effect of Sections 61, 62 and the relevant provisions of the Electricity Act, 2003 (for short Act of 2003) on the provisions of the DVC Act, 1948 having a bearing on the … framed under the Act of 2003 shall be given precedence over the statutory provisions of the Act of 2003. Section 174 also does not advance the case of the respondent. It only gives over-riding effect to the provisions of

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 of

Abhay Tyagi Vs. State (Delhi Admn.) and anr.

Court : Delhi

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 12 to 18, 37, 39, 53 and 67 to 69; Indian Penal Code (IPC) - Sections 379, 419, 420, 467 and 468; Electricity Act, 2003 - Sections 50, 61, 121, 126, 126(6), 135 to 138, 151, 154, 154(5), 155, 174, 183, 185, 185(2) and 332; Delhi Electricity Reforms Act, 2000; Electricity (Supply) Act, 1948 - Sections 69(1); Electricity Regulatory Commissions Act, 1998; General Clauses Act, 1897 - Sections 6; Delhi Municipal Corporation Act - Sections 322, 332, 466A, 467 and 469; Delhi Electricity Rules Act, 2005; Delhi Electricity Reforms Commission Act, 2000; Code of Criminal Procedure (CrPC) - Sections 4, 4(2), 154, 173, 190(1), 195, 195(1), 200, 340 and 482; Delhi Electricity Regulatory Commissions (Performance standards, metering and billing) Regulation, 2002 -

Reported in : 2009LC(DEL)32

case may also be passed. 3. It is the submission of the petitioner that after the enactment of Electricity Act 2003 (hereinafter referred to as the New Act) which repealed the Indian Electricity Act 1910 as well as Delhi … by way of penalties (Section 126, 135 and 154).13. The notice of the court was not brought to Section 174 of the Act, which accorded primacy to its provisions, as well as the specific expressions in Section 185

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

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 … Act.2. The Tamil Nadu Electricity Board 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 … in addition to and not in derogation of other laws, under Sections 174 and 175, which are as follows:Section 174. Act to having overriding effect.-

Andhra Pradesh State Road Transport Corporation Rep. by Its Executive ...

Court : Andhra Pradesh

Subject : Electricity

Acts : Constitution of India - Articles 14, 226 and 300A; Andhra Pradesh Electricity Reform Act, 1998; Electricity Act, 2003 - Sections 42, 42(2), 86(1), 138(2), 150, 151, 152, 153, 174, 185, 185(2), 185(3) and 185(5); Electricity (Supply) Act, 1948; Indian Electricity Act, 1910; Electricity Regulatory Commissions Act, 1998; Andhra Pradesh General Clauses Act, 1897 - Sections 4, 6 and 8; Tamil Nadu Electricity Duty Act, 1939; Tamil Nadu Electricity (Taxation on Consumption) Act, 1962; Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003; Patna Municipal Corporation Act, 1951; Arbitration and Conciliation Act, 1996 - Sections 11; Electricity Regulations, 2003; Electricity (Amendment) Regulations, 2006 - Regulation 2; Electricity (Amendment) Regulations, 2005 - Regulation 2;

Reported in : 2008(5)ALD787; 2008(5)ALT87; 2009LC(AP)790

year shall lapse. lapse. Explanation: The energy year is from August to July of the succeeding year.______________________________________________________________________________________________4. The Electricity Act, 2003 (for short 'the 2003 Act'), which came into force with effect from 10-6-2003, repealed the Indian Electricity Act, … of Section 185 do not save the Agreements held by the petitioners with the respondents in view of Section 174 of the said Act. The word 'subject to final decision of the High Court and/or the Supreme Court'

Mustaq Alias Mustafa Vs. State of U.P. and ors.

Court : Allahabad

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 135 to 139, 140, 151, 173, 173(2), 174, 175 and 176; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 2(1), 4, 5, 154, 155, 155(2), 156(1), 157, 190 and 482; Indian Penal Code (IPC), 1860; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; Constitution of India - Articles 21 and 226; Electricity Rules, 2005 - Rule 12

Reported in : 2006(3)AWC3146

arrest them without any cognizance to be taken up by the appropriate court under Section 151 of the Electricity Act, 2003 (hereinafter referred to as the Act). According to us, these are rarest of the rare cases where the … the petitioners have drawn our attention to Sections 174 and 176 of the Act to Justify the cause. Section 174 of the Act gives an overriding effect whereas Section 176 of the Act gives power of Central Government