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Vidyut Upbhokta Association Society and anr. Vs. Union of India (Uoi) ...

Court : Madhya Pradesh

Subject : Electricity

Acts : Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000 - Sections 2, 3, 4, 4(1), 5, 5(1) and 60; Indian Electricity Act, 2003 - Sections 2(43), 17, 17(1), 82, 82(1), 84, 84(1), 84(2), 85, 85(1), 185 and 185(3); Electricity Regulatory Commission Act, 1998 - Sections 17, 17(5), 17(6) and 18; Companies Act, 1956 - Sections 4A(1); Indian Electricity Act, 1910; Electricity (Supply) Act, 1948; General Clauses Act, 1897 - Sections 6

Reported in : 2006(1)MPHT379; 2005(4)MPLJ397

short 'V.S. Act') are ultravires as these sections are inconsistent with Sections 84 and 85 of the Indian Electricity Act, 2003 (for short 'the Central Act' or 'Electricity Act') and therefore, stood repealed under Section 185 of the Electricity … point out any inconsistency between Section 3 of the V.S. Act and Section 82 of the Central Act.8. Section 4 of the V.S. Act relates to constitution of Selection Committee to select, the Chairperson and members of the

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 … of 2003) (hereinafter referred to as the Act) came into force on the 10th June, 2003 :And whereas Section 50 of the Act provides that the State Commission shall specify an Electricity Supply Code to provide for … provisions of the Act. [(i) to (iii) in M.U. Sinai (supra) Para 47].(iv) Although it is for the Government to subjectively satisfy itself that a

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 … to 138 (offences including theft of electricity), and Section 151 to 155 as well as the import of Section 4(2) of the Code of the Criminal Procedure. In Bimla Gupta's case (supra) it was held:10.It is apparent from

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. - … Commission is established the State Government and thereafter the State Commission may, subject to the provisions of sub section (4), grant a transmission license to any person. 14. With respect to the authority of the Railways under Section

Sarwottam Ispat Limited, Represented by Its Executive Subash Goenka Vs ...

Court : Andhra Pradesh

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 47, 47(1), 47(4), 50 and 181; Andhra Pradesh Electricity Regulatory Commission (Security Deposit) Regulation, 2004 - Regulations 4.6 and 6(3); Supply Code Regulations - Regulations 4.6 and 4.6.1; Security Deposit Regulations - Regulation 6, 6.3 and 6(3); Electricity Supply Code

Reported in : 2007(3)ALD475; 2007(4)ALT202; 2007LC(AP)1464

at 24% per annum is beyond the powers of respondents. He placed reliance on Section 47(4) of the Electricity Act, 2003 (the Act, for brevity) and Regulation 6(3) of Deposit Regulations. Reliance is placed on unreported judgment of Division

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

Subject : Arbitration

the said Ordinance shall be deemed to have been done or taken under this Act. 28 defines Generating Electricity Act, 2003 Section 2 relates to definitions Sub-Section Company which reads as under:-"Generating Company means any company or body corporate or … a distribution licensee; or (Provided that the Developer of a Special Economic Zone notified under sub-section (1) of Section 4 of the Special Economic Zones Act, 2005, shall be deemed to be a licensee for the purpose 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 … the extent indicated above. Parties shall bear their own costs. - LAND ACQUISITION ACT, 1894 [C.A. No. 1/1894]. Section 4; [Sushil Harkauli, S.K. Singh & Krishna Murari, JJ] Acquisition of land Held, Court cannot issue a Writ of

Reliance Energy Ltd. and anr. Vs. Chief Engineer (Electrical), Pwd Dep ...

Court : Mumbai

Subject : Electricity

Acts : Indian Companies Act, 1930; Electricity Act, 2003 - Sections 56, 56(1), 111(2), 126, 126(1), 126(2), 126(5), 126(6), 127, 135(1), 135(2) and 145; Limitation Act, 1963 - Sections 3, 4 to 24, 29, 29(2) and 34; Arbitration and Conciliation Act, 1996 - Sections 34

Reported in : 2006(6)ALLMR638; 2007(3)BomCR935; 2006(6)MhLj479

a shareholder of the company. Respondent No. 1 is the appellate authority appointed under Section 127 of the Electricity Act, 2003 (hereinafter referred to as 'Act'). The respondent No. 2 is an original consumer of the first petitioner having … limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Section 4 to 24 (inclusive) shall apply only insofar as, and to the extent to which, they are not expressly

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

Court : Chennai

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

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 … tiled Writ Petitions No. 3969 of 2005 and 6188 of 2005 before this Principal Bench and W.P.(MD) Nos. 4406 of 2005, 4407 of 2005 and 4347 of 2006 before the Madurai Bench of this Court. In all

Southern Petrochemical Industries Co. Ltd. Vs. Electricity Inspector a ...

Court : Supreme Court of India

Subject : ElectricityOther Taxes

Acts : Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 - Sections 2, 4, 5, 6, 10, 14, 20, 20(1), 20(2) and 21; Government of India Act, 1935 - Sections 154A; Tamil Nadu Electricity Duty Act, 1939 - Sections 3; Indian Electricity Act, 1910 - Sections 3; Electricity (Supply) Act, 1948 - Sections 5, 12, 46 and 49; Tamil Nadu Electricity (Taxation on Consumption) Act, 1962 - Sections 2(1), 2(3), 3, 3A, 12, 13, 13(1), 14 and 18; Industries (Development and Regulation) Act, 1951; Electricity Regulatory Commissions Act, 1998 - Sections 29; General Clauses Act, 1897 - Sections 6; Life Insurance Corporation (Modification of Settlement) Act, 1976 - Sections 11(2); Arbitration Act, 1940; Indian Succession Act, 1865; Gold (Control) Act, 1968; Scheduled Distri

Reported in : AIR2007SC1984; 2007(2)CTC273; 2007LC(SC)1166; (2007)4MLJ723(SC); 2007(7)SCALE392; (2007)5SCC447; 2007AIRSCW3752; JT2007(7)SC613;

S.B. Sinha, J.1. Leave granted.INTRODUCTION2. Validity and/ or application of Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 (for short 'the 2003 Act') is in question in these appeals which arise out of a common judgment … manner, a tax on the electricity sold or consumed during the previous month at the rate specified thereunder. Section 4, however, contains a non-obstante clause stating that no electricity tax shall be payable under Section 3 on the