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Maharashtra Electricity Regulatory Commission Vs. Reliance Energy Ltd. ...

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 2(4), 3, 14, 16, 42, 42(5), 42(6), 45(5), 55(2), 57, 61, 62, 76, 76(1), 79, 79(1), 82, 83, 84, 85, 85(1), 86, 86(1), 86(2), 94, 96, 125, 126, 127, 128, 128(1), 128(5), 128(6), 129, 142, 143, 163 and 181; Indian Electricity Act, 1910; Electricity Supply Act, 1948; Electricity Regulatory Commissions Act, 1998 - Sections 17; Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Ombudsman) Regulations, 2003

Reported in : AIR2008SC976; 2007(4)AWC3662(SC); 2008(1)BomCR738; JT2007(10)SC365; 2007(10)SCALE279; (2007)8SCC381; [2007] 9 SCR 9

Civil Appeal No. 2846 of 20061. This appeal under Section 125 of the of the Electricity Act, 2003 (hereinafter for short 'the Act') is directed against the judgment and order dated 29th March, 2006 passed by … 29.3.2006 passed by the Appellate Authority, the present appeal has been filed under Section 125 of the Act. 6. We have heard learned Counsel for the parties and perused the record. 7. Learned Counsel for the appellant-Commission

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

Court : Delhi

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. … any order passed by this Forum, he can prefer an appeal to the Ombudsman in terms of Sub-sections 6 and 7 of Section 42 of the same Act. In this manner, the appellate jurisdiction to hear appeals

M/S. Ferro Alloys Corporation Limited and Others Vs. Odisha Electricit ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Electricity

is the Odisha Electricity Regulatory Commission (Commission). 3. These Appeals have been filed under Section 111 of the Electricity Act, 2003 against the order dated 21.1.2012 passed by the Odisha Electricity Regulatory Commission (hereinafter referred to as the ‘Commission) … this Tribunal in Appeal Nos. 102, 103 and 112 of 2010 dated 30.05.2011 and in Appeal No. 57, 67-73 of 2011 dated 2.9.2011 and Order dated 30.09.2011 of Honble Supreme Court in Civil Appeal No.8093 of 2011.

Southern Petrochemical Industries Co. Ltd. Vs. Electricity Inspector a ...

Court : Supreme Court of India

Subject : ElectricityOther Taxes

Acts : Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 - Sections 2, 4, 5, 6, 10, 14, 20, 20(1), 20(2) and 21; Government of India Act, 1935 - Sections 154A; Tamil Nadu Electricity Duty Act, 1939 - Sections 3; Indian Electricity Act, 1910 - Sections 3; Electricity (Supply) Act, 1948 - Sections 5, 12, 46 and 49; Tamil Nadu Electricity (Taxation on Consumption) Act, 1962 - Sections 2(1), 2(3), 3, 3A, 12, 13, 13(1), 14 and 18; Industries (Development and Regulation) Act, 1951; Electricity Regulatory Commissions Act, 1998 - Sections 29; General Clauses Act, 1897 - Sections 6; Life Insurance Corporation (Modification of Settlement) Act, 1976 - Sections 11(2); Arbitration Act, 1940; Indian Succession Act, 1865; Gold (Control) Act, 1968; Scheduled Distri

Reported in : AIR2007SC1984; 2007(2)CTC273; 2007LC(SC)1166; (2007)4MLJ723(SC); 2007(7)SCALE392; (2007)5SCC447; 2007AIRSCW3752; JT2007(7)SC613;

S.B. Sinha, J.1. Leave granted.INTRODUCTION2. Validity and/ or application of Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 (for short 'the 2003 Act') is in question in these appeals which arise out of a common judgment … shall or shall not form part of the undertaking for the purpose of purchase under Section 5 or Section 6;(e) the grant of a licence under this Part for any purpose shall not in any way hinder or

Suresh Jindal Vs. Bses Rajdhani Power Ltd.

Court : Delhi

Subject : Civil

Acts : Bureau of Indian Standards Act, 1986 - Sections 14; Indian Electricity Act, 1910 - Sections 3 to 11, 12 to 18, 26, 28, 36(2), 37, 40, 49A, 50, 51, 53, 60 and 67 to 69; Indian Electricity (Amendment) Act, 1956; Electricity (Supply) Act, 1948 - Sections 5 to 18, 19, 20, 23 to 27, 37, 40 to 45, 46 to 54, 56 to 69, 69(1), 72, 73 and 75 to 83; Electricity Act, 2003 - Sections 20, 26, 26(6), 55, 53, 70, 76, 79 and 185(3); Electricity Act, 1887; Electricity Act, 1903; Electricity Laws (Amendment) Act, 1998; Electricity Regulation Commission Act, 1998 - Sections 13, 22, 28 and 29; Electricity Reforms Act; Delhi Electricity Reforms Act, 2000 - Sections 3 to 11, 12, 14, 15, 19 to 27, 63 and 63(3); Companies Act, 1956; Industrial Employment (Standing Orders) Act, 1947; Bureau of Indian Sta

Reported in : 126(2006)DLT49

Rules, 1956 and the Electricity (Supply) Act, 1948.(d) Whether till regulations are framed under Section 55 of the Electricity Act, 2003 by the authority, the distribution company has authority to determine what would be a correct meter.27. The aforesaid … functions and obligations of Delhi Vidyut Board under the Indian Electricity Act, 1910 and Electricity (Supply) Act, 1948. Sub-section (6) of Section 20 reads as under:(6) The provisions contained in the schedule to the Indian Electricity Act, 1910

Ahmedabad Electricity Company Limited Vs. Ramesh D. Devnani

Court : Gujarat

Subject : Electricity

Acts : Income Tax Act, 1961 - Sections 297; Industrial Disputes Act, 1947; The Urban Land (Ceiling and Regulations) Act, 1976; Constitution of India - Articles 14, 20(1), 226 and 227; Electricity Act, 2003 - Sections 15, 126, 126(1), 126(2), 127, 135 to 139, 145, 153, 153(1), 154(5), 185(2), 185(3) and 185(5); Electricity Act, 1910 - Sections 12 to 18, 21(2), 24, 37, 39, 39A, 40, 44, 53 and 67 to 69; Code of Civil Procedure (CPC) - Sections 9; Electricity (Supply) Act, 1948 - Sections 69(1); Electricity Regulatory Commission Act, 1998; Electricity Rules, 1956; General Clauses Act, 1897 - Sections 6; Gujarat Electricity Industry (Reorganisation and Regularisation) Act, 2003 - Sections 21; Bombay Land Revenue Code, 1879

Reported in : AIR2005Guj66; (2005)2GLR1202

conferred by or under this Act. The aforesaid section is to be read with section 153 of the Electricity Act, 2003. Section 153 of Electricity Act, 2003 reads as under:'153. Constitution of Special Courts- (1) The State Government may, for … of particular matters in that section, shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals. SCHEDULEENACTMENTS 1.

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

Court : Madhya Pradesh

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 … the recommendation of a Selection Committee referred to in Section 18.(7) Notwithstanding anything contained in Sub-section (5) or Sub-section (6), the State Government may appoint any person as the Chairperson from amongst persons who is or has been

Manoj Rajani Vs. Superintending Engineer, M.P.E.B. and anr.

Court : Madhya Pradesh

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 12 to 18, 20, 26, 26(6), 53 and 67 to 69; Electricity Act, 2003 - Sections 42(5), 42(6), 42(7), 42(8), 185, 185(2) and 185(5); General Clauses Act, 1897 - Sections 6 and 6(2); Electricity (Supply) Act, 1948 - Sections 69(1); Electricity Regulatory Commissions Act, 1998; Customs Act, 1962 - Sections 123; Evidence Act, 1872 - Sections 113A; Indian Electricity Rules, 1956; Constitution of India - Articles 14, 20 and 226

Reported in : AIR2006MP100

Counsel for respondents Shri Prakash Jain has submitted that the Indian Electricity Act, 1910 has been repealed by Electricity Act, 2003 (for short 'the New Act') (36 of 2003) came into force from 2-6-2003 by virtue of Section 185

Salem Textiles Limited 'B' unit rep. by Its General Manager (Tech), Mr ...

Court : Chennai

Subject : Other Taxes

Acts : Tamil Nadu Tax on Consumption or Sale of Electricity (Amendment) Act, 2007 - Sections 2(7); Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 - Sections 2(2A), 2(7), 2(8), 3, 3(1), 6, 20 and 20(1); Finance Act, 2003 - Sections 158; Finance Act, 1994 - Sections 65(5), 66(3) and 68; Finance Act, 2000 - Sections 116 and 117; Service Tax Rules, 1994 - Rule 2(1)

Reported in : (2008)1MLJ844

under Tamil Nadu Act 32 of 1991 as well as Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 were dismissed, against which appeals were filed and the same were also dismissed by the Division Bench on … amendments to the said Act sought to be effected by the Tamil Nadu Act 38 of 2007 except Section 6 are deemed to have come into force on 16th July, 2003.13. Under the Amendment Act 38 of 2007,

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

Court : Supreme Court of India

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 … a statute vide Government of Andhra Pradesh and Ors. v. Smt. P. Laxmi Devi JT 2008(2) 8 SC 639. There are various reasons why the State Commission may not decide the dispute itself and may refer it