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Ptc India Ltd. Vs. Central Electricity Regulatory Commission Thr. Its ...

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Regulatory Commission Act, 1998 - Sections 14(1), 14A(7), 14(2), 18(5), 26(1), 27 and 77; Electricity Act, 2003 - Sections 60, 61, 62, 66, 79, 79(1), 79(3), 111, 121, 178, 178(2) and 179; Indian Companies Act, 1913; Trade Marks Act - Sections 76; Government of India Act, 1915 - Sections 108; Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006

Reported in : 2009(2)LHSC1037; 2009AIRSCW2946; 2009LC(SC)489; JT2009(3)SC564; 2009(3)SCALE845; (2009)5SCC466; 2009(3)LC1543(SC)

(supra) has no application to the present case. The Regulations have been framed under Section 178 of the Electricity Act, 2003 (in short `2003 Act'). It is pointed out that there is conceptual difference between the provisions which have

Global Energy Ltd. and anr. Vs. Central Electricity Regulatory Commiss ...

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 2(71), 3, 12, 13, 14, 15, 15(1), 15(2), 15(5), 16, 17, 18, 19, 29(1), 29(2), 52, 66, 76, 76(1), 178, 178(1) and 178(2); Companies Act, 1956 - Sections 356(2); Registration Act, 1908 - Sections 22A; Rajasthan Amendment Act, 1976; Foreign Trade (Development and Regulation) Act, 1992; Himachal Pradesh Town and Country Planning Act, 1977; Constitution of India - Articles 14, 19, 19(1), 21, 32, 74(1), 146(2), 226, 245 and 246; Central Electricity Regulatory Commission (Procedure, Terms and Conditions for Grant of Trading License and other related matters) (Amendment), Regulation, 2006 - Regulation 6A; Central Electricity Regulatory Commission (Procedure, Terms and Conditions for Grant of Trading License and other related matters), Regulation, 2004 - Regula

Reported in : 2009AIRSCW5121; AIR2009SC3194; 2009LC(SC)227; JT2009(11)SC164; 2009(8)SCALE108; 2009(5)LC2521(SC); (2009) 15 SCC 570

as 'Amended Regulation') is the question involved herein.BACKGROUND FACTS3. It arises in the following factual matrix.The Parliament enacted Electricity Act, 2003 (hereinafter referred to as, 'the said Act'). In exercise of its jurisdiction conferred by Section 178 of the

Bses Rajdhani Power Limited, New Delhi and Another Vs. Delhi Electrici ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

year or until the terms and conditions for tariff are specified under this section, whichever is earlier”. 21. Section 178 of the Electricity Act, 2003 provides as under: (1) The Central Commission may, by notification make regulations consistent … of this Act specify the terms and conditions for the determination of tariff. 48. Section 79(1)(f) of the Electricity Act, 2003 is a special provision which provides for adjudication of disputes involving generating company or transmission licensee in matter

Ptc India Ltd. Vs. Central Electricity Regulatory Commission Thr. Secy ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Electricity Act, 2003 - Sections 1 to 120, 121 and 122 to 185; ;Companies Act, 1956; ;Electricity (Amendment) Act, 2003 - Sections 1, 1(2), 1(3) and 4; ;Electricity (Supply) Act, 1948 - Sections 16(5), 46, 46(1), 49, 49(1), 49(2), 59 and 79; ;Electricity Regulatory Commissions Act, 1998; ;Indian Electricity Act, 1910; ;Income-tax Act, 1961; ;Reserve Bank of India Act, 1934 - Sections 45JA, 58, 58(1) and 58(2); ;Motor Vehicles Act, 1939 - Sections 43A, 47 and 60; ;Securities and Exchange Board of India Act, 1992; ;Telecom Regulatory Authority of India Act, 1997; ;Constitution of India - Articles 14 and 226; ;Electricity Supply Code; ;Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006; ;Central Electricity Regulatory Commission (Terms and Conditions of T

Reported in : JT2010(3)SC1,2010(3)LC1203(SC)

of Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006 framed in exercise of power conferred under Section 178 of the 2003 Act? (ii) Whether Parliament has conferred power of judicial review on the Appellate Tribunal for … legislation.QUESTIONS OF LAW:4. The crucial points that arise for determination are:(i) Whether the Appellate Tribunal constituted under the Electricity Act, 2003 ('2003 Act') has jurisdiction under Section 111 to examine the validity of Central Electricity Regulatory Commission (Fixation of

Tamilnadu Generation and Distribution Corporation Limited, Represented ...

Court : Chennai

Subject : Land Acquisition

that the CERC, in exercise of the powers conferred, under Section 178, read with Section 79(1)(C) of the Electricity Act, 2003, had issued the Central Electricity Regulatory Commission (Unscheduled Interchange Charges and Related Matters) (Second Amendment) Regulations, 2012, hereinafter

In the Matter of Maharashtra State Electricity Distribution Company Li ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

charges and losses) Regulations,2010 (ISTS Regulations), after following the due process as contemplated under Section 178(3) of the Electricity Act, 2003. 5. As per the ISTS Regulations dated 15.6.2010, the 2nd Respondent National Load Despatch Centre (NLDC) was designated

Central Power Distribution Co. and ors. Vs. Central Electricity Regula ...

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 79(1); Electricity Regulatory Commissions Act, 1998 - Sections 2(32), 28, 28(1), 28(2), 28(3), 29, 33, 33(3), 79(1), 86, 86(1) and 178(2); Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 - Regulation 15

Reported in : AIR2007SC2912; 2007(2)BLJR2461; JT2007(10)SC238; 2007(10)SCALE72; (2007)8SCC197

provided in the order of the CERC by its order dated 4.1.2000 be implemented under the provisions of Electricity Act, 2003, particularly when there is no provision under the statute that allows the CERC to levy Unscheduled Interchange Charges? … It is submitted that the order dated 4.7.2005 passed by the Commission in discharge of its power under Section 79(1)(a) of the Electricity Act, 2003 cannot be justified. It is further argued under Section 79(1)(c) the Central … the Grid Standards, and Sub-section (2) of Section 28 read with Section 178(2)(g) dealing with the Central Commission's powers to frame Grid Code. The maintenance

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 … of 2006 that Regulations are part and parcel of the Act of 2003 as having been framed under Section 178(1)(u) read with Section 62(5) thereof. As a sequitur, it was contended that depreciation being one of the elements

In the Matter Of: New Bombay Ispat Udyog Ltd Vs. Maharashtra State Ele ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

of the Electricity Act, 2003. In this context it is necessary to refer to Section 120(1) of the Electricity Act, 2003. Section 120(1) of the Electricity Act is reproduced below: “The Appellate Tribunal shall not be bound by the procedure … in Judgment dated 13.07.2009 in Appeal No. 97 of 2009 and in Judgment dated 25.2.2010 in Appeal No. 178 of 2009. The very same principles have been enunciated by the Hon’ble Supreme Court in various decisions such

Rahdey Shyam Bansal Vs. B.S.E.S. Rajdhani Power Ltd. and ors.

Court : Delhi

Subject : ElectricityCriminal

Acts : Electricity Act, 2003 - Sections 152, 152(1), 152(3) and 152(4); Motor Vehicles Act, 1988 - Sections 177, 178, 179, 180, 181, 182, 183(1), 183(2), 184, 186, 189, 194 and 200; Code of Criminal Procedure (CrPC) , 1973 - Sections 300, 320 and 482

Reported in : 148(2008)DLT462

order dated 14th March, 2006 passed by the learned Additional Sessions Judge, Karkardooma, Delhi ('Special Judge') under the Electricity Act, 2003 ('Act') in Criminal Complaint No. 217 of 2005 whereby the application filed by the Petitioner under Section 152 … certain offences.(1) Any offence whether committed before or after the commencement of this Act punishable under Section 177, Section 178, Section 179, Section 180, Section 181, Section 182, Sub-section (1) or Sub-section (2) of Section 183, Section 184,