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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 … 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 Distribution) Code 2000-2001 - Clauses 2.50, 49.00, 4.12(v) - Electricity

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Sep 13 2006

M.P. State Electricity Board Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-13-2006

Subject : Civil

Acts : Madhya Pradesh Reorganisation Act, 2000 - Sections 2, 37, 42, 43, 58, 58(1), 58(2), 58(3), 58(4), 58(5) and 75; Electricity (Supply) Act, 1948 - Sections 12; States Reorganisation Act, 1956; Constitution of India - Articles 14, 19 and 32; Electricity Act, 2003 - Sections 131; Road Transport Corporations Act, 1950; Warehousing Corporations Act, 1962; General Clauses Act - Sections 14; Imports and Exports Control Act

Reported in : JT2006(8)SC629; 2006(9)SCALE194; (2006)10SCC736

Board and in particular in ignoring the provisions contained in the proviso appended to Section 131 of the Electricity Act, 2003.(iv) Apportionment of assets and liabilities pursuant to fixation of cut-off date as 15.11.2000 had caused serious prejudice to … S.B. Sinha, J.1. Interpretation and application of Section 58 of the Madhya Pradesh Reorganisation Act, 2000 (for short 'the 2000 Act') arises for consideration in these writ

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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) … 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 … Co. Ltd. vs. Gujarat Inns Pvt. Ltd. & Others ((2004) 3 SCC 587).(5) Mahila Kamla Dubey vs. Madhya Pradesh Vidyut Mandal, Gwalior & Others (AIR

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Apr 27 2007

Kovvuri Trinadha Reddy Late Sri Subba Reddy, Hindu Vs. Eastern Power D ...

Court : Andhra Pradesh

Decided on : Apr-27-2007

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 30, 61, 126, 126(3), 126(4), 126(5), 127, 127(6), 135, 135(1), 135(2), 135(4), 135 to 139, 147, 153, 153(1), 154, 154(5), 181, 183, 183(1), 185, 185(1) and 185(3); Electricity (Supply) Act 1948 - Sections 2(7), 2(17), 2(24), 2(39), 2(57), 2(58), 2(64), 2(70), 2(73), 5(1), 12, 13, 14, 15, 16, 30, 42, 43, 45(1), 45(4), 47(1), 45, 48, 49, 49(4), 50, 53, 56, 56(1), 61, 62, 62(1), 62(3), 82(1), 82(2) and 86; Indian Electricity Act, 1910 - Sections 2(58); Andhra Pradesh Electricity Reforms Act, 1998 - Sections 49, 56 and 57; Electricity Regulatory Commission Act, 1998; Andhra Pradesh Electricity Regulatory Commission Electricity Supply Code (first amendment) Regulations, 2005 - Regulations 5, 7A, 39, 39.2, 39.3 and 39.5; Constitution of India - Article 14

Reported in : 2007(6)ALD752

Power Distribution Company of A.P. Ltd., declared as illegal, arbitrary, unjust and contrary to Section 126 of the Electricity Act, 2003. When the matter came up for admission on 17.3.2006 the learned Single Judge, while examining the question, whether

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Apr 27 2007

Kovvuri Trinadha Reddy and ors. Vs. Eastern Power Distribution Corpora ...

Court : Andhra Pradesh

Decided on : Apr-27-2007

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 13, 50, 56, 56(1), 56(3), 57, 61, 126, 126(2), 126(3), 126(4), 126(5), 127, 127(6), 135 to 139, 147, 153, 153(1), 154, 154(5), 181, 183, 183(1), 185, 185(1) and 185(3); Electricity (Supply) Act 1948 - Sections 2(7), 2(17), 2(24), 2(39), 2(57), 2(58), 2(64), 2(70), 2(73), 5(1), 12, 14, 15, 16, 30, 42, 43, 45(1), 45(4), 45(5), 47(1), 48, 49, 49(4), 53, 56(1), 61, 62, 62(1), 62(3), 82(1), 82(2) and 86; Indian Electricity Act, 1910; A.P. Electricity Reforms Act, 1998; Electricity Regulatory Commission Act, 1998; Electricity (Removal of Difficulties) Order, 2005; Constitution of India - Article 14; Code of Criminal Procedure (CrPC) ; Andhra Pradesh Electricity Regulatory Commission Electricity Supply Code (first amendment) Regulations, 2005; Andhra Pradesh

Reported in : 2007(4)ALT580

Power Distribution Company of A.P. Ltd., declared as illegal, arbitrary, unjust and contrary to Section 126 of the Electricity Act, 2003. When the matter came up for admission on 17-3-2006 the learned Single Judge, while examining the question, whether

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Feb 18 2013

Sajjan Kanwar Bafna Vs. District Collector of Kancheepuram District

Court : Chennai

Decided on : Feb-18-2013

Subject : Land Acquisition

Transmission Licensee in the capacity of Central Transmission Utility, as envisaged under Sections 38 and 40 of the Electricity Act, 2003. As per Section 164 of the Electricity Act, 2003, the Government of India had passed an order, dated … to the petitioner, for the drawing of Overhead High Tension Power Supply Lines. The project cost is about 58 crores for completing the works, by erecting 102 towers, for an approximate length of about 36 kilometres. The

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Apr 15 2010

Chhattisgarh State Electricity Board Vs. Central Electricity Regulator ...

Court : Supreme Court of India

Decided on : Apr-15-2010

Subject : ElectricityLimitation

Acts : Limitation Act, 1963 - Sections 5 and 29(2); ;Electricity Act, 2003 - Sections 110, 111, 111(1), 111(2), 111(5), 125, 126, 127 and 145; ;Madhya Pradesh Reorganization Act, 2000 - Section 58; ;Contract Act, 1872 - Sections 3, 4 to 24 and 25; ;Indian Easements Act, 1882 - Sections 2, 25 and 26; ;Indian Electricity Act, 1910; ;Electricity (Supply) Act, 1948; ;Electricity Regulatory Commissions Act, 1998; ;Representation of the People Act, 1951; ;Arbitration and Conciliation Act, 1996 - Sections 17, 34 and 34(3); ;Arbitration Act, 1940; ;Central Excise Act, 1944 - Sections 35, 35(1), 35A(5), 35B, 35E(3), 35E(4), 35EE, 35G and 35H; ;Kerala Rent Control Act - Section 18; ;Land Acquisition Act, 1894 - Sections 12(2) and 18; ;Uttar Pradesh Motor Vehicle Taxation Act - Section 15; ;Indian Income Ta

invoked by this Court for allowing the aggrieved person to file an appeal under Section 125 of the Electricity Act, 2003 (for short, `the Electricity Act') after more than 120 days from the date of communication of the decision … No. 4 of 2007 in Appeal No. 21 of 2006.2. Appellant, Chhattisgarh State Electricity Board was established under Section 58 of the M.P. Reorganization Act, 2000. In a sense, it is a successor of Madhya Pradesh Electricity Board

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Nov 09 2005

Nayveli Lignite Corporation Ltd. Vs. Tamil Nadu Electricity Board and

Court : Appellate Tribunal for Electricity APTEL

Decided on : Nov-09-2005

Subject : Land Acquisition

Reported in : (2005)LCAPTEL1134

Appearing for the Appellants Mr. V.R. Reddy, the learned Senior Counsel urged that the Regulations framed under the Electricity Act, 2003 are not in the nature of subordinate legislation and have an administrative character only. He pointed out that … that case, the Supreme Court while examining the nature of the Regulations framed by the Regulatory Commission under Section 58 of The Electricity Regulatory Commission Act, 1998, held, that the Regulations were in the nature of subordinate legislation

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May 06 2011

Madhya Pradesh Power Generation Company Ltd Vs. Madhya Pradesh Electri ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-06-2011

Subject : Land Acquisition

with the nature of the Regulations notified by the Regulatory Commission in exercise of its power conferred by Section 58 of the Electricity Regulatory Commissions Act, 1998, a provision similar to sections 68 and 178 of The Electricity … been found impossible for the appellant, a generating company within the meaning of Section 2 (28) of the Electricity Act,2003 to reach the benchmarks or the yardstick fixed by the Commission in its said Regulations, 2009, by virtue

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Mar 15 2010

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

Court : Supreme Court of India

Decided on : Mar-15-2010

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)

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 … regulate the financial system of the country. Section 45JA, however, is confined to Chapter III B. However, under Section 58, which falls in Chapter IV, dealing with general provisions, the Board of Directors of RBI are given the

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