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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

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 … Ironically no argument has been put forth by either of the parties in respect of the relevance of Section 175 of the Act, which is as follows:175. Provisions of this Act to be in addition to and not

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

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 … to and not in derogation of other laws, under Sections 174 and 175, which are as follows:Section 174. Act to having overriding effect.- Save as

Vbc Ferro Alloys Limited., Hyderabad and Others Vs. Karnataka Electric ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : MRTP

since the procurement in question comes within the ambit of Section 79 (1) (b) and (f) of the Electricity Act, 2003 and so, the Central Commission alone has got the jurisdiction. (b) The Second Issue is as to whether … Electricity Act read with bidding guidelines and read with condition of licence for Distribution Companies Regulations, 2004 and Section 175 of the Electricity Act requires that the PPA shall be submitted to the appropriate Commission for its approval.

M/S. Sesa Sterlite Ltd. Vs. Orissa Electricity Regulatory Comm and ors

Court : Supreme Court of India

Subject : Land Acquisition

SIKRI, J.1. Instant is a statutory Appeal which is filed by the Appellant under Section 125 of the Electricity Act, 2003 (hereinafter referred to as ‘the Act’). This Appeal arises out of the judgment and order dated 3rd May, … force or in any instrument having effect by virtue of any law other than Electricity Act. That apart, Section 175 also provides that the provisions of the Electricity Act are in addition to and not in derogation of

Calendula Realtors Private Limited Vs. Cesc Limited and ors.

Court : Kolkata

Subject : Civil

Acts : Electricity Act, 2003 - Sections 2(20), 2(22), 2(40), 2(61), 2(72), 39(1), 51, 67, 68, 68(3), 68(5), 69, 164 and 173 to 175; ;Indian Telegraph Act, 1885 - Sections 4, 10, 11, 12, 14, 16, 16(1) and 17; ;Companies Act, 1956; ;Indian Electricity Act, 1910 - Section 51; ;Code of Criminal Procedure (CrPC) - Section 144; ;Telecom Regulatory Authority of India Act, 1997 - Section 3(1); ;West Bengal Works of Licensee Rules, 2006 - Rule 3 and 3(4)

Companies Act, 1956 and a licensee engaged in the business of distribution and generation of electricity, under the Electricity Act, 2003; And, whereas CESC is required to establish distribution system and to undertake supply of electricity through its distribution … maintained are required to be conferred on the CESC. Now, therefore, in exercise of the powers conferred by Section 164 of the Electricity Act, 2003 the CESC is hereby authorized to exercise all the powers vested in … instrument having effect by virtue of any law other than this Act. 175. Provisions of this Act to be in addition to and not in

M/S. Lanco Kondapalli Power Limited, Hyderabad Vs. Andhra Pradesh Powe ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

Matched in: Court Appellate Tribunal for Electricity APTEL

V.Srinivasan Vs. Secretary to Tamil Nadu Generation and Distribution C ...

Court : Chennai

Subject : Land Acquisition

dealt with the overriding effect of the Act under Section 174, the Electricity Act, 2003 also states in Section 175 that the provisions of the Electricity Act, 2003 are in addition to and not in derogation of other … of Section 21 of the Indian Penal Code. But the Electricity (Supply) Act, 1948, was repealed by the Electricity Act, 2003. Section 185 of the Electricity Act, 2003 specifically repealed the Electricity (Supply) Act, 1948 as well as the provisions

Kishor S/O Ravindra Zope and Others Vs. the State of Maharashtra, Thro ...

Court : Mumbai Aurangabad

Subject : Land Acquisition

under the provisions of Rule 3 of the Works of Licencees Rules, 2006 (made under the provisions of Electricity Act, 2003) (henceforth the Rules) and secured such permission on 31st May, 2011. The Collector admittedly is the authority who … year 2003, which is now prevalent repealing the provisions of the earlier Acts. In the Electricity Act of 2003, Section 164 reads as under:- “164. Exercise of powers of Telegraph Authority in certain cases, - The Appropriate Government … are mentioned in Section 145. This apart, reliance has rightly been placed by the learned Court below upon Section 175 of the Act by holding that this Section clearly and unmistakably incorporates a specific provision of law that