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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 … Section 62 provides for determination of tariff. The Commission under Section 94 has civil powers also and under Section 96 it has power of entry and seizure. Under Section 126 the Commission has the power to investigate and

Beta Wind Farm (P) Limited Chennai and Others Vs. Tamil Nadu Electrici ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Land Acquisition

of Wind Energy has been given in the Regulations 2008 as well as in Section 64 of the Electricity Act, 2003. 33. Let us now refer to those Regulations and provisions of the Act,2003. 34. The relevant Regulation is … of the impugned order. But, in this impugned order, the State Commission worked out the total charges at 96.63 paise as against the old rate of 28.45 paise per kWh which is an increase of 340%. Similarly,

Binani Zinc Ltd. Vs. Kerala State Electricity Board

Court : Appellate Tribunal for Electricity APTEL

Subject : Electricity

Member 1. The Appellant in appeal No. 07/2008 seeks to have a review under Section 120 of the Electricity Act, 2003 of the order of this Tribunal dated 20/11/2009 on the grounds as will be evident in the succeeding … crores can be adjusted against the duty payable by the Board to the Government and the balance Rs. 96 crores be recovered through tariff, and though the Commission assumed subsidy from the Government it had no authority

Jamshedpur Utilities and Services Company Ltd. Vs. Jharkhand Electrici ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Education

Order 47 Rule 7 CPC is appealable before this Tribunal within the meaning of Section 111 of the Electricity Act, 2003 ? 9. On this question, elaborate arguments were advanced by both the parties. 10. Let us refer to … (CPC), the Appeal is provided as against the orders mentioned below: (i) Order 41, Rule 1 read with Section 96 provides the Appeal arising out of original decree. (ii) Order 43, Rule 1 provides for an Appeal arising

State of Gujarat Vs. Utility Users Welfare Association Through Its Pre ...

Court : Supreme Court of India

Subject : Land Acquisition

T.C.(C) No.139/2015 T.C.(C) No.138/2015 T.C.(C) No.137/2015 T.C.(C) No.140/2015 C.A. No.3759-3760/2016 T.P.(C) No.974/2016 JUDGMENT SANJAY KISHAN KAUL, J.1. The Electricity Act, 2003 (hereinafter referred to as the ‘said Page 1 of 84 Act’) provides for Central and State Regulatory Commissions. … court for purposes of Sections 345 & 346 of the Code of Criminal Procedure, 1973. Not only that, Section 96 confers the extreme power of entry and seizure in respect of any building and place where the Commission

Vrl Logistics Ltd Corporate Office Vs. Hubli Electricity Supply Compan ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Land Acquisition

Jurisdiction and whether such an Order can be prevented from being challenged in Appeal u/s 111 of the Electricity Act, 2003 before this Tribunal?? 1. These are the two questions posed before this Tribunal in this matter. 2. VRL … Order 47 Rule 7 of the CPC cannot be imposed on the Appellate Forum exercising its jurisdiction under Section 96 of the CPC. The jurisdiction of the Appellate Tribunal is wide. Though Section 94 (f) incorporates by reference

In the Matter Of: New Bombay Ispat Udyog Ltd Vs. Maharashtra State Ele ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

into way of the Tribunal to entertain the Appeal under Section 111 of the Electricity Act, 2003. (3) Section 96 of the CPC dealing with appeals from original decree opens with “save where otherwise expressly provided in the … of the Electricity Act, 2003. In this context it is necessary to refer to Section 120(1) of the Electricity Act, 2003. Section 120(1) of the Electricity Act is reproduced below: “The Appellate Tribunal shall not be bound by the procedure

M/S. Jaiprakash Power Ventures Limited (Jpvl) Vs. Himachal Pradesh Sta ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Land Acquisition

PPA shall be followed. Any other law or the provisions of the Section 86 (1) (f) of the Electricity Act, 2003 need not be followed?. (c) The Second issue would relate to the question whether the dispute can be … for arbitration. 95. With these observations, the Appeal is dismissed with certain directions regarding adjudication of the dispute. 96. However, there is no order as to costs.

Tata Steel Ltd. and Tata Power Com. Vs. Jharkhand State Electricity

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

the two units in question emerged as the property of Tata Power Co. Ltd. 6. In 2003, the Electricity Act 2003 (herein after referred to as the Act of 2003) was brought into force. The Commission acting under the … its steel works with the capacity of 147.5 MW. In 1923, TISCO, now TSL, was granted sanction under Section 28(1) of the Indian Electricity Act 1910 (hereinafter referred to as Act of 1910) for distribution of electricity

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

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

14) Uttar Pradesh Rajya Vidyut Utpadan Nigam Limited V. Uttar Pradesh Electricity Regulatory Commission and Ors. (Appeal No. 96 of 2008) 15) Gujarat State Electricity Corporation Ltd. V. Gujarat Electricity Regulatory Commission and Ors. (Appeal No. 129 … 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