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Abhay Tyagi Vs. State (Delhi Admn.) and anr.

Court : Delhi

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 12 to 18, 37, 39, 53 and 67 to 69; Indian Penal Code (IPC) - Sections 379, 419, 420, 467 and 468; Electricity Act, 2003 - Sections 50, 61, 121, 126, 126(6), 135 to 138, 151, 154, 154(5), 155, 174, 183, 185, 185(2) and 332; Delhi Electricity Reforms Act, 2000; Electricity (Supply) Act, 1948 - Sections 69(1); Electricity Regulatory Commissions Act, 1998; General Clauses Act, 1897 - Sections 6; Delhi Municipal Corporation Act - Sections 322, 332, 466A, 467 and 469; Delhi Electricity Rules Act, 2005; Delhi Electricity Reforms Commission Act, 2000; Code of Criminal Procedure (CrPC) - Sections 4, 4(2), 154, 173, 190(1), 195, 195(1), 200, 340 and 482; Delhi Electricity Regulatory Commissions (Performance standards, metering and billing) Regulation, 2002 -

Reported in : 2009LC(DEL)32

case). It is submitted that in the aforesaid case it was held that there is no provision in the electricity Act, 2003 to suggest that cases of theft of electricity cannot originate from an FIR.9. It has been submitted that … other law is being investigated, enquired into, tried or otherwise dealt with... It is so specifically provided under Section 155 of the Electricity Act also. Thus, it is not a case where any special or different procedure is

Dalbir Singh Vs. B.S.E.S. Rajdhani Power Limited

Court : Delhi

Subject : CriminalElectricity

Acts : Electricity Act, 2003 - Sections 135 to 140, 150, 151, 153, 153(3), 154, 154(1), 154(3) and 155; Electricity (Amendment) Act, 2007; Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 260(1), 262 and 263 to 265; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989; Electricity Act (Andhra Pradesh Amendment), 2000; Indian Electricity Act 1910 - Sections 49C; Constitution of Delhi - Article 20(1)

Reported in : 2009LC(DEL)303

a prima facie case was made out to try the Petitioner for the offence under Section 135(2) of the Electricity Act 2003 ('Act'). It also challenges an order passed on the same date by the learned ASJ framing notice against … of a Special Court unless she was, immediately before such appointment of Additional District & Sessions Judge.' Under Section 155 of the Act, the Special Court would 'save as otherwise provided in this Act, be governed by the

Subhash Chatterjee Vs. State of West Bengal and anr.

Court : Kolkata

Subject : CriminalElectricity

Acts : Electricity Act, 2003 - Sections 135 to 140, 150, 151, 151A, 151B, 152, 153, 154 and 155; ;Electricity (Amendment) Act, 2007; ;Andhra Pradesh Electricity Act; ;Income Tax Act - Section 27; ;Evidence Act - Section 113A; ;Code of Criminal Procedure (CrPC) , 1973 - Section 173; ;Constitution of India - Article 20(1)

Reported in : 2007(4)CHN1040

Act relates to procedure and 'curative in nature having retrospective effect or not. Under the old Act, i.e. the Electricity Act, 2003, Section 151 which relates to procedure speaks about cognizance of offence to be taken by the Court upon a … this Act and the procedure to be followed has been described under Section 154 of the Act and Section 155 of the Act conveys the power of the Court of Sessions to Special Court. It is also submitted

Chairman and Managing Director, Apcpdcl and ors. Vs. P.C. Dhoot and So ...

Court : Andhra Pradesh

Subject : Electricity

Acts : Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11; Electricity Act, 2003 - Sections 126, 127, 135 to 139, 145, 153, 153(1), 154(3), 154(5), 154(6) and 155; Indian Electricty Act, 1910; Electricity (Supply) Act, 1948; Electricity Regulatory Commissionr Act, 1998; Criminial Procedure Code , 1973 - Sections 260, 262, 263 to 265, 307 and 308

Reported in : 2006(4)ALD835

that the Court of the 1st Additional District Judge, Nalgonda, which is functioning as the Special Court under the Electricity Act, 2003 (Act 36 of 2003) (for short 'the Act'), had no jurisdiction to entertain the said suits. The said … the case may be, due to the commission of an offence referred to in Sections 135 - 139.15. Section 155 of the Act, which provides that the Special Court under the Act shall be deemed to be a

Mustaq Alias Mustafa Vs. State of U.P. and ors.

Court : Allahabad

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 135 to 139, 140, 151, 173, 173(2), 174, 175 and 176; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 2(1), 4, 5, 154, 155, 155(2), 156(1), 157, 190 and 482; Indian Penal Code (IPC), 1860; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; Constitution of India - Articles 21 and 226; Electricity Rules, 2005 - Rule 12

Reported in : 2006(3)AWC3146

to arrest them without any cognizance to be taken up by the appropriate court under Section 151 of the Electricity Act, 2003 (hereinafter referred to as the Act). According to us, these are rarest of the rare cases where the … officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.(3) ....(4) Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute

Smt. Bimla Gupta and Sh. Rakesh Chandra Vs. State and anr.

Court : Delhi

Subject : ElectricityCriminal

Acts : Electricity Act, 2003 - Sections 5, 135 to 139, 151, 154, 154(3), 155 and 176; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 154, 173, 190(1), 195, 195(1), 200, 260(1), 262, 263 to 265, 307, 308, 340, 341 and 482; ;Delhi Municipal Corporation Act - Sections 332, 466A, 467 and 469; Electricity Rules, 2005; Indian Penal Code (IPC), 1860 - Sections 379, 419, 420, 467 and 468; Electricity Rules, 2005 - Rule 12; DERC (Performance of Standards-Metering and Billing) Regulation, 2002

Reported in : 136(2007)DLT521

Counsel for the petitioner argued the matter only on legal platform. His submission was that Section 135 of the Electricity Act 2003 is a complete Code and proceedings are to be filed only under this Act alone. Section 135 of … were a cognizable offence for the purpose of investigation of such offence. It is so specifically provided under Section 155 of the Electricity Act also. Thus, it is not a case where any special or different procedure is

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

High Court passed the following Order: 1. When the petition was filed Appellate Tribunal under Section 110 of the Electricity Act 2003 was not constituted. A tribunal has since been constituted under Section 110 of the Act. A notification has … for hearing. It is sufficient to set out summary of facts leading the appeals as facts.3. Appeal No. 155 of 2005 is preferred by M/s BSES Yamuna Power Limited (herein after referred as BYPL for brevity). The

B.T.Kokila Vs. the Chairman, Tamilnadu Electricity and ors.

Court : Chennai

Subject : Electricity

Acts : Tamil Nadu Electricity Supply Code - Regulation 23(AA); Electricity Act, 2003 - Section 135; Code of Civil Procedure (CPC) - Order 21

all the cases on hand, barring one or two, are cases in which proceedings under Section 135 of the Electricity Act, 2003, have been initiated. 3. In some cases, the petitioners have come up with writ petitions, immediately after provisional … energy. The fact that the Special Court is treated only as a Criminal Court is made clear by Section 155, which declares the Special Court to be “a Court of Session”. Consequently, the judgments rendered by the Special

Kashinath Shetye Vs. the State, Through Its Public Prosecutor and Anot ...

Court : Mumbai Goa

Subject : Land Acquisition

to grant bail. 3. The petitioner has relied upon the provisions contained in Sections 153 to 155 of the Electricity Act, 2003, under which Special Courts may be constituted for trying the offences under the Electricity Act. Under Section 153(1),

Bapupuri Vs. Madhya Pradesh Vidyut Vitran Company Ltd.

Court : Madhya Pradesh

Subject : Electricity

Reported in : 2009(2)MPHT88

S.L. Kochar, J.1. The appellant has preferred this appeal under Section 156 of the Electricity Act 2003 (For short 'the Act') read with Section 374 of the Code of Criminal Procedure (For short 'the Code') … to try the case as a warrant trial and recall a witness for rehearing of the case. Under Section 155 of the Act, the Special Court is clothed with the power of Court of Session.10. Under Section 151