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Ptc India Limited Vs. Jaiprakash Power Ventures Ltd.
Delhi
May-15-2012
Land Acquisition
to the decision in Booz Allen and Hamilton Inc. v. SBI Home Finance Limited (2011) 5 SCC 53 it was submitted that disputes where rights … Karcham, the predecessor-in-interest of JPVL, a generating company within the meaning of Section 2 (28) of the Electricity Act, 2003 (‘EA’) was incorporated on 29th April 2002 for implementing the project comprising of four units of 250 MW … any other person.” The APTEL undertook the exercise of interpreting Section 62(1), Section 79(1) (a) and (b) and Section 86(1) (a) of the EA. It was held that under Section 62(1(a), tariff was to be determined by the
Tag this Judgment! AI Brief & AskM/S. Jaiprakash Power Ventures Limited, (U.P.) Vs. Haryana Electricity ...
Appellate Tribunal for Electricity APTEL
Jul-20-2012
Land Acquisition
to adjudicate upon the dispute under Section 86 (1) (b) and Section 86 (1) (f) of the Electricity Act, 2003 between Generating Company, the Appellant and the Distribution Licensee, Haryana Power (R-2) over a Power Purchase Agreement dated … 659 (d) Judgment of Hon’ble Supreme Court of India in Booz Allen and Hamilton Inc. V. SBI Home Finance Ltd and Ors 2011 (5) SCC 532 (e) Judgment of Hon’ble Supreme Court of India in Isabella Johnson
Tag this Judgment! AI Brief & AskPtc India Ltd. Vs Jaypee Karcham Hydro Corporation .
Delhi
Aug-13-2010
Land Acquisition
is as under:59. In the present case we have already noted that there is an implied conflict between Section 86(1) (f) of the Electricity Act, 2003 and Section 11 of the Arbitration and Conciliation Act, 1996 since under … has to pay tariff on the capital cost and the means of finances as approved by CERC and determination of tariff was subject to approval … 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
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Mahindra Electric Mobility Limited and Anr. Vs.cci and Anr.
Delhi
Apr-10-2019
MRTP
have been taken over by the National Company Law Appellate Tribunal (hereafter “NCLAT”) due to provisions of the Finance Act, 2017. Though by amendments, the petitioners have impugned provisions of the Finance Act nevertheless, they do not press … policy and issue directions etc.); other enactments such as Airports Economic Regulatory Authority of India, 2008; The Electricity Act, 2003 (Section 79 and various sub-sections enabling determination of policy, the Tariff, Regulations of Tariffs, facilitation of inter-State transmission of … with the concerned Chief Justice of that High Court.101. The functions of the State Commission are outlined under Section 86 and they include determination of tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail,
Tag this Judgment! AI Brief & AskBses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory Commission.
Supreme Court of India
Oct-18-2022
Electricity
is regulated by the DERC, and determined under Section 62 read with Section 61 of the 2003 Act.24. Section 86 of the 2003 Act lays down the functions of the State Commissions i.e. DERC in this case, and … of, and have shown capacity in, dealing with problems relating to engineering, finance, commerce, economics, law or management”, with the Chairperson being a person who … heard and decided separately.2. The Appellants are Distribution Licensees (“Discoms”) in terms of Section 2(17) of the Electricity Act, 2003 (‘2003 Act’). The primary function of a Discom is to give supply to any premises upon an application
Tag this Judgment! AI Brief & AskThe Chief Commissioner Large Tax Payers Unit Vs. Tnt India Pvt. Ltd.
Karnataka
Apr-16-2010
Direct TaxationOther Taxes
Finance Act, 1994 - Sections 65, 65(105), 65(121), 65(125), 70, 70(2), 73, 74, 83, 83A, 84, 84(2) or 85, 86, 86(1) and 86(1)(1A)(2); ; Central Excise Act, 1944 - Sections 2 and 37B; ; Right to Information Act (RTI); ; Central Boards of Revenue Act, 1963
Section 86 even when the said letter/order is not passed under Sections 73, 83A, 84 or 85 of Finance Act, 1994?4.2 Whether 'International Freight'' activity of the assessee fall under entry in Section 65(105)(f) of Finance Act, 1994 … Commissioner, the same cannot be construed as an adjudication order/appealable order. Hon'ble CESTAT in the case reported in 2003(151) ELT 661 (T) held that letter/communication is not an adjudication order. Since the letter dated 23.12.2004 or for
Tag this Judgment! AI Brief & AskMaharashtra State Electricity Distribution Company Limited Vs. Maharas ...
Supreme Court of India
Oct-08-2021
Land Acquisition
MAHARASHTRA ELECTRICITY REGULATORY COMMISSION & ORS. .…Respondent(s) JUDGMENT Indira Banerjee, J.This appeal, under Section 125 of the Electricity Act 2003, is against a judgment and order dated 27th April 2021 passed by the Appellate Tribunal for Electricity, hereinafter … Commission, hereinafter referred to, in short, as ‘MERC’, whereby MERC dismissed the petition filed by the Appellant under Section 86 of the Electricity Act, being Case No.24 of 2017, 1 rejecting the contention of the Appellant that, introduction … with carrying cost or actual cost incurred because any interest paid for finances raised cannot have any nexus to the LPS as it is not
Tag this Judgment! AI Brief & AskThe Tata Power Company Limited Transmission Vs. Maharashtra Electricit ...
Supreme Court of India
Nov-23-2022
Electricity
four to five year execution period, the scheme was capital intensive, requiring finance from multiple financial institutions; (ii) In view of the substantial financial investment … The tariff for intra-State Transmission System can be decided under Section 62 or Section 63 of the Electricity Act, 2003. Section 63 provides for adoption of the tariff determined through transparent process of bidding. Clause 5.3 of the Tariff … 181(zc) of the Act for the determination of Tariff.83. At this juncture, it is necessary to refer to Section 86 of the Act. Section 86 lists the functions of the State Commission. Section 86(a) states that the State
Tag this Judgment! AI Brief & AskTamilnadu State Electricity Board, Chennai Vs. Tamil Nadu Electricity ...
Appellate Tribunal for Electricity APTEL
Mar-17-2011
Land Acquisition
dismissed the same. There upon, the Appellant requested the Government to issue policy directives u/s 108 of Electricity Act, 2003. Accordingly, on 11.04.2007, the State Government issued the policy directives to the State Commission to the effect that … making third party sale. 26. It cannot be disputed that the mandate given to the State Commission under Section 86 (1) is to promote non-conventional source of energy. Wind energy being a non conventional source of energy, promotion … 12.9%. The Indian Wind Power Association submits that apart from the IREDA, finances are secured from banks which charge interest rate of 13% to 13.5%.
Tag this Judgment! AI Brief & AskMunicipal Corporation of Delhi versus Gagan Narang & Ors. Etc.
Supreme Court of India
Jan-02-2025
Land Acquisition
[2025]1S.C.R.239
of Section 2(41) of the Act. Headnotes† Electricity Act, 2003 - ss.63, 86, 2(41), 174, 175 - Determination of tariff by bidding process - Functions … the NCT of Delhi as part of Discom’s Renewal Purchase Obligation.16 The said project was on Design, Build, Finance, and Operate basis and was to be transferred back to the Appellant-MCD after 25 years. 22. It is … [B.R. Gavai* and K.V. Viswanathan, JJ.] Issue for Consideration Whether the application under Section 63 of the Electricity Act, 2003 could have been made by the Appellant-MCD, a “local authority” within the meaning of Section 2(41) of the
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