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Mar 03 2009

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

Court : Delhi

Decided on : Mar-03-2009

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of the petitioner that after the enactment of Electricity Act 2003 (hereinafter referred to as the New Act) which repealed the Indian Electricity Act 1910 as well as Delhi … 332 and 466A of the Delhi Municipal Corporation was alleged. The Court held that ordinary Criminal Courts under Section 5 of the Act will have the jurisdiction to deal with such offences and the plea of ouster of

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Nov 07 2008

Shri Kishan Kumar Vs. Manager (Business), Bses Rajdhani Power Ltd. and ...

Court : Delhi

Decided on : Nov-07-2008

Subject : Electricity

Acts : Delhi Electricity Reforms Act, 2000 - Sections 2, 3, 3(1), 11 and 42; Electricity Act, 2003 - Sections 42(5), 42(6) and 42(7)

Reported in : 155(2008)DLT449

on 10.4.2008. Admittedly, in passing the impugned orders, the Forum was exercising powers under Section 42(5) of the Electricity Act, 2003.2. At the outset, Counsel for the respondent has taken an objection to the maintainability of the appeal itself.

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Dec 08 2004

K.S.E.B. Vs. Najeeb

Court : Kerala

Decided on : Dec-08-2004

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 24, 24(1), 39, 39A, 42 and 44; Electricity Act, 2003 - Sections 2(7), 50, 56, 56(2), 126, 126(5), 126(6), 127, 135, 138, 145, 152, 185 and 185(2); Electricity (Supply) Act, 1948 - Sections 5(1) and 79; Electricity Regulatory Commissions Act, 1998; General Clauses Act - Sections 6, 24, 30(1), 30(2) and 185; Prevention of Corruption Act, 1947 - Sections 482; Prevention of Corruption (Amendment) Act, 1988 - Sections 30 and 30(2); Indian Penal Code (IPC), 1860 - Sections 116; Indian Electricity Regulation - Regulations 42 and 43; Electricity Supply Code

Reported in : 2005(1)KLT406

means a State Electricity Board, constituted before the commencement of the Electricity Act, 2003 under Sub-section (1) of Section 5 of the Electricity (Supply) Act, 1948. Part VI of the Act deals with distribution of electricity. Section 56 … 42(d) of the Regulations Relating to Conditions of Supply of Electrical Energy or under Section 126 of the Electricity Act, 2003 is the question that has come up for consideration in this case.2. Writ Petition was preferred Seeking a

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Oct 19 2012

Rajesh Awasthi. Vs. Nand Lal Jaiswal and ors.

Court : Supreme Court of India

Decided on : Oct-19-2012

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 85(5), 85(1), 82(1)

on the ground that the Selection Committee had not complied with sub-section (5) of Section 85 of the Electricity Act, 2003 (for short 'the Act').3. The post of the Chairperson of the Commission fell vacant on 21.10.2008. The government

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Jun 06 2006

Chairman and Managing Director, Apcpdcl and ors. Vs. P.C. Dhoot and So ...

Court : Andhra Pradesh

Decided on : Jun-06-2006

Subject : Electricity

Acts : Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11; Electricity Act, 2003 - Sections 126, 127, 135 to 139, 145, 153, 153(1), 154(3), 154(5), 154(6) and 155; Indian Electricty Act, 1910; Electricity (Supply) Act, 1948; Electricity Regulatory Commissionr Act, 1998; Criminial Procedure Code , 1973 - Sections 260, 262, 263 to 265, 307 and 308

Reported in : 2006(4)ALD835

the Court of the 1st Additional District Judge, Nalgonda, which is functioning as the Special Court under the Electricity Act, 2003 (Act 36 of 2003) (for short 'the Act'), had no jurisdiction to entertain the said suits. The said … of 2003 were dismissed by the Court below by separate orders dated 5-10-2004; 13-12-2004 and 13-12-2004 respectively. The said orders are under challenge in these … not in dispute that the 1st Additional District Judge, Nalgonda, has been constituted as a Special Court under Section 153 of the Act, to try the offences punishable under Section 135 - 139 of the Act.7. The

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Mar 13 2008

Gujarat Urja Vikash Nigam Ltd. Vs. Essar Power Ltd.

Court : Supreme Court of India

Decided on : Mar-13-2008

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 … Board. Under the aforesaid agreement the parties agreed, inter alia, that out of the total generating capacity of 515MW electricity the appellant-company would allocate 300MW electricity to the Board and 215MW electricity to the Essar Group of

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Sep 07 2007

Ajoy Kumar Ghosh Vs. the State of West Bengal and anr.

Court : Kolkata

Decided on : Sep-07-2007

Subject : ElectricityCriminal

Acts : Indian Electricity Act, 2003 - Sections 135 to 140, 150, 151, 151A, 151B, 153 and 154(2); ;Electricity (Amendment) Act, 2007; ;Indian Electricity Act, 1910 - Section 39; ;Limitation Act - Section 5; ;Constitution of India - Article 20; ;Indian Penal Code (IPC) - Section 379; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 173 and 460; ;Code of Criminal Procedure (CrPC) (Amendment) Act

Reported in : (2008)3CALLT97(HC),2008(1)CHN148,2008CriLJ276

and the Gurap Police Station Case No. 67, dated June 7, 2005 under Section 135(i)(b)(c) of the Indian Electricity Act, 2003 read with Section 379 of the Indian Penal Code was registered and that gave rise to G.R. No. … of such order which is hopelessly time barred and there was no application for condonation of delay under Section 5 of the Limitation Act.29. In the instant case, already charge-sheet has been submitted and Magistrate after having taken

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Nov 18 2008

Sri. Radhakrishna R. S/O Srinivasaiah, Proprietor of Balaji Ice Factor ...

Court : Karnataka

Decided on : Nov-18-2008

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 126, 126(2), 126(3), 126(5) and 127

Reported in : 2009(2)AIRKarR437; ILR2009KAR294; 2009(3)KarLJ516; 2009(3)KLJ516; 2009(1)KCCRSN16

the order is a proper order, petitioner also has the remedy of appeal under Section 127 of the Electricity Act, 2003 [for short 'the Act'].8. While learned Counsel for the respondents -company is right in his submission that the

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Aug 01 2005

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

Court : Madhya Pradesh

Decided on : Aug-01-2005

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 … of the saving clause in Section 60 of the V.S. Act. Thereafter, the fourth respondent was appointed under Section 5 of the V.S. Act. They contend that the Sections 2 (j), 3, 4 and 5 of the V.S.

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Jul 21 2008

Bses Rajdhani Power Ltd. Vs. Ashok Kumar

Court : Delhi

Decided on : Jul-21-2008

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 42, 42(5), 42(6), 42(7), 42(8), 126, 127 and 145

Reported in : 152(2008)DLT723; 2008(106)DRJ272; 2009LC(DEL)779

Narayan Dhingra, J.1. This petition gives rise to the question whether Section 42 Sub-section (5) and (6) of Electricity Act, 2003 exclude the jurisdiction of Civil Court and a consumer has necessarily to resort to the machinery as provided

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