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Oct 21 2003

J.K. Pharmachem Limited, Sipcot Industrial Complex, Rep. by Its Sr. G. ...

Court : Chennai

Decided on : Oct-21-2003

Subject : Other Taxes

Acts : Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 - Sections 3, 20 and 21; Tamil Nadu Electricity (Taxation on Consumption) Act, 1962 - Sections 12; Central Province and Berar Electricity Duty Act, 1949; Uttar Pradesh Electricity (Duty) Act, 1952; Damodhar River Valley Corporation Act, 1948; Bihar Electricity Duty Act, 1948; Indian Electricity Act, 1910; Electricity Act, 1948 - Sections 79; Indian Electricity Supply Act - Sections 49; Tamil Nadu General Sales Tax Act, 1959; Electricity Regulatory Commission Act, 1988 - Sections 29; Tamil Nadu Electricity Duty Act, 1939; Tamil Nadu Electricity Taxation (on Consumption or Sale) Act, 1962; Tamil Nadu Tax on Consumption and Sale of Electricity Rules, 2003; Punjab Electricity (Duty) Rules, 1958 - Rule 3; Electricity Regu

Reported in : (2004)1MLJ662

ORDERE. Padmanabhan, J.1. The validity of The Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003, is the subject matter of challenge in these batch of writ petitions by the consumers, either individually or … the supply of electricity by the Board to persons other than licencees. Sub-Sections (2), (3) and (4) of Section 49 provides that in fixing uniform tariffs, the Board shall have regard to the nature of the supply, the

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Apr 25 2014

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

Court : Supreme Court of India

Decided on : Apr-25-2014

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, … the unit of the Appellant to be SEZ. It was followed by Notification dated 3rd March, 2010 under Section 49(1) of the SEZ Act. By the said notification, the Central Government of promoting the objects of Special Economic

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Dec 16 2011

Classic Developers, Bangalore, Rep. by Its Managing Partner Sushil Man ...

Court : Karnataka

Decided on : Dec-16-2011

Subject : Electricity

Acts : Constitution Of India - Articles 226, 227; Karnataka Electricity Board (Recovery of Dues) Act, 1976; Karnataka Electricity Board (Recovery of Dues) Rules, 1978; Electricity Act, 2003 - Section 56(2); Income Tax Act, 1961 - Rule 53(d); Transfer of Property Act, 1882 - Section 55(g); Electricity (Supply) Act, 1948 - Sections 49, 79

Reported in : 2012(2)KarLJ73; 2012(2)KantLJ73; ILR2012KAR1572

Karnataka Electricity Regulatory Commission (Electricity Supply & Distribution) Code 2000-2001 with effect from 29/3/2001; and(5) Sec.56(2) of the Electricity Act, 2003(6) Rule 53(d) under Part-III Schedule-II of Procedure for Recovery of Tax under the Income Tax Act, 1961(7) Sec.55(g) … Act, 1948;(3) Sec.58 of the Karnataka Electricity Reforms Act, 1999;(4) Clauses 2.50; 49.00 and 4.12(v) of the Karnataka Electricity Regulatory Commission (Electricity Supply & Distribution) … in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due

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Nov 25 2005

Twenty First Century Wire Rods Limited Vs. the Administrator and ors.

Court : Mumbai

Decided on : Nov-25-2005

Subject : Electricity

Acts : Electricity Supply Act, 1948 - Sections 49 and 79; Electricity Act, 2003 - Sections 1 to 121 and 122 to 185; Electricity Regulatory Commissions Act, 1998; Constitution of India - Article 226 and 227; Tariff Regulations

Reported in : 2006(1)ALLMR408; 2006(1)BomCR539; (2005)107BOMLR1220

dt.22.9.03 and 2.3.04 are both illegal and unlawful as the notification dt.2.4.93 lapsed on the provisions of the Electricity Act, 2003, having brought into force on 10.6.03. The learned counsel for the petitioners has drawn my attention to the … computed on the basis of method prescribed under notification issued on 2.4.93 in exercise of power conferred under Section 49 of the Electricity Supply Act, 1948. On 19.9.03 the Writ Petition preferred in respect of Unit No. 1

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Dec 17 2004

Hindustan Petroleum Corpn. Ltd. Vs. Gujarat Electricity Board

Court : Gujarat

Decided on : Dec-17-2004

Subject : Electricity

Acts : The Electricity Act, 2003 - Sections 14, 15, 19, 42, 49, 53, 56, 59, 62, 62(1), 64, 64(6), 82, 86, 131(2) and 172; Indian Electricity Act, 1910 - Sections 24 and 24(1); Electricity Regulatory Commission Act, 1998 - Sections 17, 22, 29, 29(2), 29(3), 85 and 85(1); Electricity Regulations, 1999 - Regulations 78, 84 and 88; Factories Act - Sections 2; Constitution of India - Articles 12 and 14; Reorganization Act; Damodar Valley Corporation Act, 1948 - Sections 3(1)

Reported in : AIR2005Guj164; (2005)1GLR519

with retrospective effect.3. Mr. G.N. Shah, learned counsel for some of the petitioners advanced the following arguments:3.1 The Electricity Act, 2003 (hereinafter referred to as the Act) was brought into force by Central Government Notification dated 10th June 2003. … 2003 (hereinafter referred to as the Act) was brought into force by Central Government Notification dated 10th June 2003. Section 172(d) of the said Act authorizes a State Government to declare that the said Act shall not apply … come in the way of the respondent Board. She further submitted that during the application of powers under section 49 the Board has determined the tariff from time to time and the petitioners, from the date of getting

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Feb 04 2009

Bikaner Plasto Flex Pvt Ltd. Through Its Director Dev Kishan Rathi Son ...

Court : Patna

Decided on : Feb-04-2009

Subject : Consumer

Acts : Electricity Act, 2003 - Sections 2(15), 2(49), 42, 42(5), 42(6), 42(7) and 42(8)

this stage is misconceived. In this case, it would be relevant to refer to the provisions of the Electricity Act, 2003. Under this Act, the Electricity Board is now deemed to be a distribution licensee and is bound by … be a distribution licensee and is bound by the obligations cast upon distribution licensee under the Act. Under Section 42(5) of the Act, distribution licensee is under an obligation to establish a forum for redressal of grievance

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May 22 2023

Solvis Energie India Private Limited Vs. State Of Karnataka

Court : Karnataka

Decided on : May-22-2023

Subject : Land Acquisition

be granted. 12.2. The petitioner has an alternative and efficacious remedy in terms of Section 111 of the Electricity Act, 2003 wherein the petitioner can approach APTEL as against any order of the KERC. Whenever any statutory appeal is … relies upon the decision in KPTCL -v- Hassan Thermal Power Pvt. Limited9 3893/2019, more particularly para 48 and 49 thereof, which are reproduced hereunder for easy reference:8. [W.P. No.12576/2018 dt. 21.06.2018]. 9 WA37832019 - 30 - WP

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Feb 12 2008

Citizen Forum Through Its Secretary Shri Rajiv S/O Gajanan Jagtap, Vs. ...

Court : Mumbai

Decided on : Feb-12-2008

Subject : Contract

Acts : Electricity Act, 2003 - Sections 2(27), 2(49), 3, 3(1), 3(4), 5, 12, 13, 14, 43, 73, 82, 86(2) and 181; Indian Electricity Act, 1910; Electricity (Supply) Act, 1948; Electricity Regulatory Commission Act, 1998; Right to Information Act (RTI); Maharashtra Essential Services Maintenance Act, 2005 - Sections 2; Indian Contract Act, 1872 - Sections 23; Constitution of India - Articles 12, 14, 21, 39 and 226; Electricity Rules; Electricity Regulations; Maharashtra Electricity Regulatory Commission (General Conditions for Distribution Licensee) Regulations, 2006 - Regulation 8.3.7

Reported in : (2008)110BOMLR598; 2008LC(BOM)309

whole process is not in the public interest, same is also not consistent with the object of The Electricity Act, 2003 (for short, hereafter referred to as the Act of 2003.) and the petitioners in prayer Clause (1) of … Section 5 that it would be appropriate to consider the provisions of Section 5 of the Act of 2003. Section 5 is merely a Section relating to formation of policy in rural areas and the said Section is … Proposal ARR 2006-07 ProposalHTLTHTLTGandhibagh 3.00% 51.11%3.00%48.0%Civil Lines 3.00% 52.90%3.00%42.1%Mahal 3.00% 44.35%3.00%42.8%Average 3.00% 49.21%3.00%44.3%It was contended that average billing rate (Rs. /Kwh) and the average realization

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Dec 16 2011

M/S Classic Developers, Bangalore, Rep. by Its Managing Partner Sushil ...

Court : Karnataka

Decided on : Dec-16-2011

Subject : Land Acquisition

Electricity Regulatory Commission (Electricity Supply and Distribution) Code 2000-2001 with effect from 29/3/2001; and (5) Sec.56(2) of the Electricity Act, 2003 (6) Rule 53(d) under Part-III Schedule-II of Procedure for Recovery of Tax under the Income Tax Act, 1961 … 227 - Karnataka Electricity Board Electricity Supply Regulations, 1988 - Regulation 4.34 - Electricity (Supply) Act, 1948 - Section 49, 79(j) - Karnataka Electricity Reforms Act, 1999 - Section 58 - Karnataka Electricity Regulatory Commission (Electricity Supply and

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Mar 19 2009

Binani Zinc Limited Vs. Kerala State Electricity Board and ors.

Court : Supreme Court of India

Decided on : Mar-19-2009

Subject : Electricity

Acts : Electricity (Supply) Act, 1948 - Sections 43A(2), 46, 49, 56, 57, 57A, 57B, 59 and 79; Electricity Regulatory Commissions Act, 1998 - Sections 2, 3, 17, 17(1), 22, 27, 28, 29, 29(1), 29(2), 29(6), 51, 52, 57 and 61; Electricity Act, 2003 - Sections 185; Indian Electricity Act 1910; Electricity (Supply) (Amendment) Act, 1998; Electricity (Supply) Rules; Electricity (Supply) Regulation; Constitution of India - Articles 12 and 226; Kerala State Electricity Board Extra High Tension Tariff Revision Order, 2002

Reported in : 2009AIRSCW2458; 2009LC(SC)1; JT2009(5)SC162; 2009(3)SCALE849; (2009)11SCC244; 2009(3)LC1474(SC)

examine whether the revision conforms to Section 29 of the 1998 Act or not.11. The Parliament enacted the Electricity Act, 2003 which came into force with effect from 10th June, 2003.12. The KSERC in terms of its order dated … vacuum;(iii) The 1998 Act having not repealed the 1948 Act, the power to frame tariff in terms of Section 49 of the 1948 Act continued to remain in the Board; (iv) The High Court in exercise of its

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