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May 15 2012

Ptc India Limited Vs. Jaiprakash Power Ventures Ltd.

Court : Delhi

Decided on : May-15-2012

Subject : 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

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Jul 20 2012

M/S. Jaiprakash Power Ventures Limited, (U.P.) Vs. Haryana Electricity ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-20-2012

Subject : 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

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Aug 13 2010

Ptc India Ltd. Vs Jaypee Karcham Hydro Corporation .

Court : Delhi

Decided on : Aug-13-2010

Subject : 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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Apr 10 2019

Mahindra Electric Mobility Limited and Anr. Vs.cci and Anr.

Court : Delhi

Decided on : Apr-10-2019

Subject : 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,

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Oct 18 2022

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory Commission.

Court : Supreme Court of India

Decided on : Oct-18-2022

Subject : 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

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Apr 16 2010

The Chief Commissioner Large Tax Payers Unit Vs. Tnt India Pvt. Ltd.

Court : Karnataka

Decided on : Apr-16-2010

Subject : Direct TaxationOther Taxes

Acts : 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

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Oct 08 2021

Maharashtra State Electricity Distribution Company Limited Vs. Maharas ...

Court : Supreme Court of India

Decided on : Oct-08-2021

Subject : 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

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Nov 23 2022

The Tata Power Company Limited Transmission Vs. Maharashtra Electricit ...

Court : Supreme Court of India

Decided on : Nov-23-2022

Subject : 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

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Mar 17 2011

Tamilnadu State Electricity Board, Chennai Vs. Tamil Nadu Electricity ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Mar-17-2011

Subject : 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%.

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Jan 02 2025

Municipal Corporation of Delhi versus Gagan Narang & Ors. Etc.

Court : Supreme Court of India

Decided on : Jan-02-2025

Subject : Land Acquisition

Reported in : [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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