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Apr 09 2009

Cesc Ltd. Vs. Gajendra Haldea and ors.

Court : Supreme Court of India

Decided on : Apr-09-2009

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 60, 66, 111, 121, 125, 127 and 142

Reported in : 2009AIRSCW3987; 2009LC(SC)496; 2009(5)SCALE489; 2009(4)LC1738(SC)

Delhi (hereinafter referred to as to the `Tribunal'). The appeal has been filed under Section 125 of the Electricity Act, 2003 (in short the `Act').2. The primary stand of the appellant is that though the Tribunal accepted that Electricity … it involved tariff determination. Stand of the appellant is that only appropriate Regulatory Commission can invoke provisions of Section 60 upon arriving at a finding that a particular licensee or generator had conducted himself in the specified manner

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Jan 16 2007

Yogesh JaIn Vs. Bses Yamuna Power Ltd.

Court : Delhi

Decided on : Jan-16-2007

Subject : Electricity

Acts : Delhi Electricity Act, 2003 - Sections 14, 42(5), 53, 55, 56, 163, 181 and 185; Indian Electricity Act, 1910 - Sections 20, 21, 22 to 24, 26 and 26(6); Income Tax Act - Sections 26(6); Delhi Electricity Regulatory Act - Sections 14 to 16, 60 and 63; Electricity (Supply), 1948 - Sections 26 and 49; Constitution of India - Article 226; Delhi Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers and Ombudsman) Regulations, 2003 - Regulation 9(11)

Reported in : AIR2007Delhi161; 2007(94)DRJ695

dispute involved in the petition can be referred to the Consumer Forum constituted under Section 42(5) of Delhi Electricity Act, 2003 (`Act').2. Learned Counsel for the petitioner submits that the meter installed in the premises is defective and consequently … the parties, the Forum shall pass appropriate orders for disposal of the grievance, as far as possible, within 60 days of filing the complaint. (8) The Forum may issue such interim orders pending final disposal of the

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Apr 09 2009

Ptc India Ltd. Vs. Gajendra Haldea and ors.

Court : Supreme Court of India

Decided on : Apr-09-2009

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 60, 66, 111, 121, 125, 127 and 142

Reported in : 2009(5)SCALE411

Delhi (hereinafter referred to as to the `Tribunal'). The appeal has been filed under Section 125 of the Electricity Act, 2003 (in short the `Act').2. The primary stand of the appellant is that though the Tribunal accepted that Electricity … it involved tariff determination. Stand of the appellant is that only appropriate Regulatory Commission can invoke provisions of Section 60 upon arriving at a finding that a particular licensee or generator had conducted himself in the specified manner

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Apr 09 2009

Central Electricity Regulatory Commission Vs. Gajendra Haldea and ors.

Court : Supreme Court of India

Decided on : Apr-09-2009

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 60, 66, 111, 121, 125, 127 and 142

Reported in : 2009(3)AWC2669(SC); 2009LC(SC)508; JT2009(14)SC317; (2009)11SCC556

Delhi (hereinafter referred to as to the `Tribunal'). The appeal has been filed under Section 125 of the Electricity Act, 2003 (in short the `Act').2. The primary stand of the appellant is that though the Tribunal accepted that Electricity … it involved tariff determination. Stand of the appellant is that only appropriate Regulatory Commission can invoke provisions of Section 60 upon arriving at a finding that a particular licensee or generator had conducted himself in the specified manner

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May 06 2009

Tata Power Company Ltd. Vs. Maharashtra Electricity Regulatory Commiss ...

Court : Supreme Court of India

Decided on : May-06-2009

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 3, 5, 12, 22(1), 22B and 22B(1); Electricity Act, 2003 - Sections 2, 2(15), 2(17), 2(4), 2(70), 3, 7, 8, 9, 10, 10(1), 10(2), 10(3), 11, 11(1), 11(2), 12, 12(2), 13, 14, 15, 16, 18, 19, 20, 21, 23, 24, 33, 55(2), 55(3), 42, 42(2), 60, 62(1), 62(2), 62(95), 73, 76(1), 81(1), 81(2), 82, 83, 86, 86(1), 125, 128(1), 128(6), 128(7), 128(8), 129 and 181; Indian Electricity (Amendment) Act, 1959; Electricity Regulatory Commissions Act, 1998 - Sections 22(1) and 22; Electricity Supply Act, 1948 - Sections 43, 43A, 44, 46 and 49; Reforms Act; Essential Commodities Act, 1955; Income and Corporation Taxes Act, 1970 - Sections 488; Companies Act - Sections 255 and 256; Constitution of India - Article 19(1); MERC (Terms and Conditions of Tariff) Regulati

Reported in : 2009(111)BomLR2966; 2009LC(SC)246; 2009(5)LC2440(SC)

view of the prevailing supply shortage situation, the Commission has invoked its powers under Section 23 of the Electricity Act 2003, and has directed the distribution licensees to share the available generation capacity in a particular ratio, based on … be subject to Regulations. (iv) Section 86(1)(b) is required to be harmoniously read. For invoking the provisions of Section 60 of the Act, the following three situations must conclusively be shown to exist: (a) any agreement has been

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May 14 2014

Vijay Nath Mishra @ Vijendra Nath Mishra Vs. the State of Bihar and Ot ...

Court : Patna

Decided on : May-14-2014

Subject : Land Acquisition

For quashing of the F.I.R., bearing Alamganj P.S. Case No. 315 of 2012, registered under Section-135 of the Electricity Act, 2003 (hereinafter referred to as the Act) on the ground of being not maintainable as the same has been … offence committed under any law including the Act with reference to the provisions contained in Sections 41 to 60, 70 to 81, 93 to 105 and 165 Cr.P.C. The Division Bench in the case of Ram Chandra

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Oct 25 2007

Uttar Pradesh Power Corporation Vs. Noida Power Company Ltd. and Uttar

Court : Appellate Tribunal for Electricity APTEL

Decided on : Oct-25-2007

Subject : Land Acquisition

Matched in: Court Appellate Tribunal for Electricity APTEL

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Jul 08 2008

Tata Power Company Limited Vs. Reliance Energy Limited and ors.

Court : Supreme Court of India

Decided on : Jul-08-2008

Subject : Electricity

Acts : Electricity Regulatory Commissions Act, 1998 - Sections 22, 22(1) and 22(2); Electricity Act, 1910 - Sections 2 and 21(2); Electricity (Supply) Act, 1948; Electricity Act, 2003 - Sections 2(15), 2(17), 2(61), 14, 14(2), 42, 42(2), 43, 60, 62(1) and 79(2); Electricity Act, 1903 - Sections 2 and 4(1); Indian Factories Act, 1881; Bombay General Clauses Act, 1904 - Sections 3(10); Maharashtra Electricity Regulatory Commission (Distribution, open access), Regulations, 2005 - Regulation 3

Reported in : 2008LC(SC)527; 2008(9)SCALE824; (2008)10SCC321

economy in the activities of the electricity industry to achieve the objects and purposes of the Act. The Electricity Act, 2003, which has replaced the ERC Act after hearings in this case were concluded, also specifically refers to the … the directions given by MERC in its Order disposing of BSES' application, Mr. Venugopal in conclusion referred to Section 60 of the 2003 Act which reads as follows:60. Market domination. - The appropriate Commission may issue such directions

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Jul 02 2008

Tenughat Vidyut Nigam Ltd. Vs. the Union of India (Uoi) and ors.

Court : Patna

Decided on : Jul-02-2008

Subject : Company

Acts : Bihar State Re-organisation Act, 2000 - Sections 3, 41, 42, 43, 44, 45, 46, 46(3), 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 63, 65, 67 and 91; Companies Act, 1956; Electricity (Supply) Act, 1948; Industrial Disputes Act, 1947 - Sections 10; Income Tax Act; Punjab Re-organization Act, 1966; Banking Act, 1970; Central Vigilance Commission Act, 2003; Code of Civil Procedure (CPC) - Order 39, Rule 2; Factories Act; Code of Criminal Procedure (CrPC) - Sections 197; Constitution of India - Articles 12, 14, 16, 19, 21, 131, 300A and 311

a generating company under provisions of the Indian Companies Act and the Electricity (Supply) Act, 1948. TVNL with registered office at Patna was incorporated as … is no dispute that a large number of statutes such as Banking Act of 1970, Central Vigilance Commission Act, 2003, Civil Procedure Code (Order-39 Rule-2), Factories Act etc contain the expressions- 'company owned by Government'. But this itself … 47 of the Act is not applicable to a company such as TVNL. It was also contended that Section 60 of the Act under which Central Government has proceeded to decide entitlement of State of Jharkhand to TVNL

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Feb 15 2007

Delhi Electricity Regulatory Commission Vs. Bses Yamuna Power Limited ...

Court : Supreme Court of India

Decided on : Feb-15-2007

Subject : Electricity

Acts : Electricity (Supply) Act, 1948 - Sections 57 and 57A; Delhi Electricity Reforms Act, 2000 - Sections 12, 12(3), 14 to 16, 28, 28(2), 28(3), 57, 57A and 60; Electricity Act, 2003 - Sections 185 and 185(2); Income Tax Act

Reported in : JT2007(8)SC409; 2007(3)SCALE289; (2007)3SCC33

Tata Power Company Ltd. was one of the three DISCOMs. After privatization of Distribution Companies on 1.7.02, the Electricity Act, 2003 was brought into force on and from 10.6.2003. Section 185 of the said 2003 Act saved DERA by … crores for the financial year 2001-02. On 20.11.01 GoNCTD notified the Transfer Scheme under Section 15, 16 and 60 of DERA setting out rules for transfer and vesting of assets, liabilities and obligations of DVB in the

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