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Maharashtra State Electricity Board Vs. Maharashtra Electricity Regula ...

Court : Mumbai

Subject : Electricity

Acts : Electricity Regulatory Commission Act, 1998 - Sections 17(5), 27 and 29; Electricity (Supply) Act, 1948 - Sections 45, 49 and 59

Reported in : AIR2004Bom294; 2004(3)BomCR485

State is now bound to make good the loss by subsidy under Section 65 of the Electricity Supply Act, 2003. The Commission has recorded a finding of fact that both the appellant Board and consumers are responsible for … the powers under Section 15 of the ERC Act.iv) The Commission did not properly consider the provisions of Section 59 of the Electric Supply Act and the notification issued by the Government of Maharashtra in pursuance thereof providing

Chandan Kumar Maity Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Electricity

Acts : West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005; ;Electricity Act, 2003 - Sections 42(6), 57(1), 59(1) and 181(2); ;Constitution of India - Article 300(A); ;West Bengal Electricity Regulatory Commission (Standards of Performance of Distribution Licensees Relating to Consumer Services) Regulations, 2005 - Regulation 3.1.2

(zb) of Sub-section (2) of Section 181 read with Sub-section (1) of Section 57 and Sub-section (1) of Section 59 of the Electricity Act of 2003 and as such has got statutory forces behind it which is binding … the learned Ombudsman on 29.08.2008 being Grievance Redressal Case No. W-938/K of 2008 under Section 42(6) of the Electricity Act, 2003 in which the Chief Engineer, CRM Cell and PGRO, WBSEDCL was asked to furnish a report by 18.09.2008.

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

Court : Supreme Court of India

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 … frame and revise tariff for electrical energy in exercise of the powers conferred upon it by Sections 49, 59 and Clause (j) of Section 79 of the 1948 Act.3. The Parliament enacted Electricity Regulatory Commissions Act, 1998

Hindustan Petroleum Corpn. Ltd. Vs. Gujarat Electricity Board

Court : Gujarat

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 … The Board is not prevented from generating surplus as provided under section 59.10.1 Learned counsel for the respondent relied upon a decision in the case

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

Court : Karnataka

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

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

Court : Karnataka

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 … 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

Ms.Jairaj Ispat Limited, Rep. by Its Ma Vs. A.P. Electricity Regulator ...

Court : Andhra Pradesh

Subject : Contract

Acts : Electricity Act, 2003 - Sections 111, 2(39), 185, 185(3), 62(4), 61, 2(4), 181; Andhra Pradesh Electricity Reform Act, 1998 - Sections 26(2), 2(e), 9(2), 54

are maintainable in view of the availability of an alternative remedy of appeal under Section 111 of the Electricity Act, 2003, against the impugned order passed by the Andhra Pradesh Electricity Regulatory Commission? 2) Whether the Andhra Pradesh Power … the delay in filing of applications by the licensees claiming FSA even beyond the time prescribed under Regulation 59 thereof; and that while considering the applications filed by the licensees claiming FSA, the Commission has to follow

Ptc India Ltd. Vs Jaypee Karcham Hydro Corporation .

Court : Delhi

Subject : Land Acquisition

Himachal Pradesh to be developed by the respondent. The respondent is a generating company as defined in the Electricity Act, 2003.4. The appellant company has been granted license to trade in electricity by Central Electricity Regulatory Commission (hereinafter referred … Nigam Ltd. v. Essar Power Ltd., (2008) 4 SCC 755, in paragraph 59 it was held that all other disputes (unless there is some other … PTC India Limited v. Jaypee Karcham Hydro Corporation Limited (hereinafter referred to as JKHCL) dismissing its petition under Section 9 (ii) (d) and (e) of Arbitration and Conciliation Act, 1996 seeking an interim stay against the termination

M/S. Utkal Chamber and Commerce and Industry Vs. Orissa Electricity Re ...

Court : Appellate Tribunal for Electricity APTEL

Subject : MRTP

the upfront subsidy to the class of consumers. 19. In this context, we quote Section 65 of the Electricity Act 2003. Section 65 of the Electricity Act, 2003 which provides as under: “65. Provision of Subsidy by State Government If … set up by the State Commission for the year 2007-08 is already too steep and difficult to achieve. 59. As pointed out by the Distribution Companies, the Distribution Companies are likely to incur loss of Rs. 73.54

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

Court : Supreme Court of India

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 … of Section 57;(q) the period within which information to be furnished by the licensee under Sub-section (1) of Section 59;(r) the manner for reduction of cross-subsidies under Clause (g) of Section 61;(s) the terms and conditions for the