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Aug 13 2008

Grid Corporation of Orissa Ltd. Vs. Gajendra Haldea and ors.

Court : Supreme Court of India

Decided on : Aug-13-2008

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 52, 60, 62, 66, 79(1), 86(1), 111, 111(1), 121, 127, 142 and 178; Central Electricity Rules, 2005 - Rule 9; Central Electricity Regulatory Commission (Procedure, Terms and Conditions for grant of Trading License and other related matters) Regulations, 2004; Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006 - Regulation 2

Reported in : 2008AIRSCW7294; 2008LC(SC)511; [2008(4)JCR10(SC)]; 2008(11)SCALE313; 2008(2)LC1095(SC)

Central Electricity Regulatory Commission (in short the `CERC') purportedly under Section 52 read with Section 79(1)(g) of the Electricity Act, 2003 (in short the `Act') on 28.2.2006. The prayers inter- alia were under: (a) Direct GRIDCO to adhere to

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May 11 2009

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

Court : Supreme Court of India

Decided on : May-11-2009

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 … this connection by the licensee or suo motu. Section 19 lists the grounds for revocation of a licence. Section 52 lays down the provisions with respect to eligibility of electricity trader for grant of licence. The said section

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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 … 43A of the Electricity (Supply) Act, 1948 shall be omitted:Provided that different dates may be appointed for different States.Section 52 - Overriding effectSave as otherwise provided in Section 49, the provisions of this Act shall have effect notwithstanding

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Jan 19 2011

Rajesh Mehra and ors. Vs. B.S.E.S.Yamuna Power Ltd.and anr.

Court : Delhi

Decided on : Jan-19-2011

Subject : Electricity

Acts : Electricity Act, 2003 - Section 162 read with 185(2)(c); Indian Electricity Rules, 1956 - Rules 29, 52

in view of the alternative efficacious remedy provided in terms of Section 162 r/w 185 (2)(c) of the Electricity Act, 2003 r/w Rules 29 & 52 of the Indian Electricity Rules, 1956. CM No.674/2011 has also been filed by

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Apr 19 2011

Bses Rajdahani Power Limited, New Delhi Vs. Delhi Electricity Regulato ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Apr-19-2011

Subject : Education

Rs.1,00,000/- on the Appellant under Section 142 of the Electricity Act, 2003 for the violation of the Regulations 52 (viii) of the Delhi Electricity Supply Code. Aggrieved by the same, the Appellant has filed this Appeal. 4. … the Procedure to be followed by the Appropriate Commissions in the penalty proceedings under Section 142 of the electricity Act, 2003?” This question is dealt with in this judgment. 2. BSES Rajdhani Power Limited is the Appellant. Delhi Electricity

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Mar 16 2011

Smt. Kanta Sharma Vs. Bses Rajdhani Power Ltd

Court : Delhi

Decided on : Mar-16-2011

Subject : Electricity

Acts : Electricity Act, 2003 - Section 153; Delhi Electricity Supply Code and Performance Standards Regulations, 2007 - Regulation 52

that even a consumer is entitled to approach the Special Court set up under Section 153 of the Electricity Act, 2003, it is felt that the writ petitions be entertained only in cases where no factual controversy arises and … case for DAE can be said to have been made out in the present case since under Regulation 52 of the Delhi Electricity Supply Code and Performance Standards Regulations, 2007 an inspection has to necessarily precede booking

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Jan 28 2011

Raj Pal Singh Vs. the Executive Engineer, Bypl and anr

Court : Delhi

Decided on : Jan-28-2011

Subject : Electricity

Acts : Electricity Act, 2003 - Section 162 read with 185(2)(c); Indian Electricity Rules, 1956 - Rules 29, 52

Electricity Rules, 1956, it was held that the alternative efficacious remedy in such a situation is provided under Section 162 read with Section 185(2)(c) of the Electricity Act, 2003 read with Rules 29 & 52 of the … W.P.(C) No.5885/2010 titled Rajesh Mehra v. B.S.E.S. Yamuna Power Ltd. where on examination of the provisions of the Electricity Act, 2003 and Indian Electricity Rules, 1956, it was held that the alternative efficacious remedy in such a situation is

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May 30 2012

The Tata Power Company Limited, Rep. by B.J. Shroff Vs. Maharashtra El ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-30-2012

Subject : Electricity

Maharashtra swore an affidavit on 11.06.2010 to the effect that the Government did not exercise its power under section 11 or section 37 of the Electricity Act, 2003 and that the Memoranda dated 7.05.2010 and 19.05.2010 are … MERC, to kindly issue further instructions to SLDC Kalwa for scheduling power as per the provisions in the Electricity Act,2003” 5. In this situation the appellant filed a writ application on 19.05.2010 before the Hon’ble Bombay High Court … being it an appealable order can be appealed against before this Tribunal. 52. On 18.05.2010 the MSETCL wrote to the Government with reference to the

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Jul 08 2010

Transmission Corporation of Andhra Pradesh Ltd. and anr. Vs. Sai Renew ...

Court : Supreme Court of India

Decided on : Jul-08-2010

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 61,82(1),86 (1)(a)(b),111(1),125,185,39,172(b),185(3); DevelopersElectricity Reform Act, 1998 - of Section 21 (4)(B); Electricity Regulatory Commissions Act, 1998 - Section 3,15,17,22; Reform Act, 1998 - Section 11,15(5),21,21(4),11(1)(c)&(e)

the power of the Regulatory Commission and the scope of the term `tariff' the Court held as under:"23. Section 52 of the 2003 Act deals with trading of electricity activity. Under Section 52(1), the appropriate Commission may specify … th July, 2004. Aggrieved from both these orders the Developers filed independent appeals under Section 111(1) of the Electricity Act, 2003 collectively against the order dated 20th March, 2004 as modified by order dated 7th July, 2004. These appeals

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Nov 16 2006

Gajendra Haldea Vs. Grid Corporation of Orissa Ltd., Overruled

Court : Appellate Tribunal for Electricity APTEL

Decided on : Nov-16-2006

Subject : Land Acquisition

Reported in : (2006)LCAPTEL23

Matched in: Court Appellate Tribunal for Electricity APTEL

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