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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84 and 85 of the Indian Electricity Act, 2003 (for short 'the Central Act' or 'Electricity Act') and therefore, stood repealed under Section 185 of the Electricity

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 … concerned with the provisions of appointment of Members of the Commission as they are dealt with by Sections 84 and 85 of the Act. Section 86 deals with the functions of the Commission and is relevant for

Tamilnadu Generation and Distribution Corporation Limited, Represented ...

Court : Chennai

Subject : Land Acquisition

that the CERC, in exercise of the powers conferred, under Section 178, read with Section 79(1)(C) of the Electricity Act, 2003, had issued the Central Electricity Regulatory Commission (Unscheduled Interchange Charges and Related Matters) (Second Amendment) Regulations, 2012, hereinafter … the Constitution of India, or contrary to the provisions of the parent Act, under which it is made. 84. Under normal circumstances, the courts of law do not act as appellate authorities to examine as to whether

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 … that the Board has to evolve tariff proposals as envisaged by Regulation 84 and the tariff determined by the Commission and published as per the

Cesc Ltd. Vs. Suresh Agarwal and ors.

Court : Kolkata

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 61, 62, 64(3), 84(3), 94(3), 111 and 111(2); ;Electricity Regulatory Commission Act, 1998

Reported in : 2006(4)CHN625

either to the public or to the licensee while issuing the tariff order under Section 64(3)(a) of the Electricity Act, 2003. The writ petitioner had filed that writ petition in his individual capacity and had described himself as a … the tariff. Sri Agarwal drew our attention to the various provisions of the Act, namely, Sections 61(b), 64, 84(3), 94(3) and 111 and pointed out that the right of hearing was a basic part of the scheme

T.N.Generation and Distbn. Corpn Ltd. Vs. Ppn Power Gen.Co.Pvt.Ltd.

Court : Supreme Court of India

Subject : Arbitration

Gen. Co. Pvt. Ltd. ...Respondent JUDGMENT SURINDER SINGH NIJJAR, J.1. This statutory appeal under Section 125 of the Electricity Act, 2003 (hereinafter referred to as the “Act”) is directed against the final judgment and order dated 22nd February, 2013 … as it does not have the trappings of a court, which is normally manned exclusively by Judges. Under Section 84, there is no requirement for the Chairperson or member of the State Commission to be a Judge of

Rajesh Awasthi. Vs. Nand Lal Jaiswal and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 85(5), 85(1), 82(1)

on the ground that the Selection Committee had not complied with sub-section (5) of Section 85 of the Electricity Act, 2003 (for short 'the Act').3. The post of the Chairperson of the Commission fell vacant on 21.10.2008. The government … by the State Government on the recommendation of a Selection Committee as per Section 85 of the Act. Section 84 of the Act deals with the qualifications for appointment of Chairperson AND Members of the State Commission which

West Central Railway, General Manager Office Vs. Madhya Pradesh Electr ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Electricity

in complete disregard to the principles for determination of tariff enumerated in Section 61 and 62 of the Electricity Act, 2003. Further Railway tariff should be less than other EHT consumers as explained earlier, hence to be kept as

Tatpal Singh Jaggi and Others Vs. Union of India and Others

Court : Delhi

Subject : Land Acquisition

v. Nandlal Jaiswal 2013 (1) SCC 501 which examined the appointment to the Electricity Regulatory Commission under the Electricity Act, 2003; the relevant provision (Section 84 (1)) stated that the Chairperson and members "shall be persons of ability, integrity

Association for Development and anr. Vs. Uoi and ors.

Court : Delhi

Subject : Right to Information

Awasthi v Nandlal Jaiswal 2013 (1) SCC501that had examined the appointment to the Electricity Regulatory Commission under the Electricity Act, 2003; the relevant provision (Section 84 (1)) stated that the Chairperson and members “shall be persons of ability, integrity