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Mar 26 2009

G.V.S. Rama Krishna and ors. Vs. A.P. Transco Rep. by Its Managing Dir ...

Court : Andhra Pradesh

Decided on : Mar-26-2009

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 57(2), 67 to 69, 164, 185 and 185(2); Indian Telegraph Act, 1885 - Sections 10; Indian Electricity Act, 1910 - Sections 12 to 19, 37, 51 and 53; Electricity (Supply) Act, 1948 - Sections 28, 29, 29(2), 42, 42(1), 42(2), 69(1) and 69(2); Electricity Regulatory Commissions Act, 1998; General Clauses Act, 1897 - Sections 6; Indian Electricity Rules, 1956

Reported in : AIR2009AP158; 2009(3)ALT502; 2009LC(AP)517

telegraph authorities possess under the Indian Telegraph Act, 1885 for the placing of electric supply lines.15. That apart, Section 28 of the Electricity (Supply) Act, 1948, provided for preparation of a sanctioned scheme relating to the laying of … circuit lines through the lands of the petitioners as arbitrary, illegal and in violation of the provisions of the Electricity Act, 2003.3. It is pleaded by the petitioners that originally a 400 KV line under Vijayawada Power Transmission Scheme was

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Jan 28 2008

T.S.T. Kaznavi Vs. Tamil Nadu Electricity Board Rep. by Its Chairman,

Court : Chennai

Decided on : Jan-28-2008

Subject : Property

Acts : Land Acquisition Act; Electricity Act, 2003 - Sections 2(17), 2(28), 2(29), 2(32), 2(67), 2(72), 2(73), 2(77), 39(1), 67(2), 68, 164, 173, 174, 175, 185 and 185(2); Indian Telegraph Act, 1885 - Sections 10, 16, 16(1) and 16(3); Electricity Act, 1910 - Sections 2, 12 to 19 and 51; Electricity (Supply) Act, 1948 - Sections 42 and 51; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; The Works of Licensees Rules, 2006; Electricity Regulatory Commission Act, 1998; Indian Penal Code (IPC), 1860 - Sections 188

Reported in : (2008)2MLJ703

Board has filed counter affidavit. According to the respondent Electricity Board, as per Sections 164 and 185(2)(a) of the Electricity Act, 2003, the Board has the power of the 'Telegraph Authority' under the Indian Telegraph Act, 1885, with regard to … Act.2. The Tamil Nadu Electricity Board has filed counter affidavit. According to the respondent Electricity Board, as per Sections 164 and 185(2)(a) of the Electricity Act, 2003, the Board has the power of the 'Telegraph Authority' under … in G.O.Ms. No. 1455 (P.W.D.) dated 06.06.1961 and extended by Notification dated 28.06.2004, and as such the Electricity Board being the 'Transmission Licensee' under the

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Nov 29 2013

T.Bhuvaneswari Vs. District Collector Cum District Magistrate of Erode ...

Court : Chennai

Decided on : Nov-29-2013

Subject : Land Acquisition

Central Government cannot be made applicable as it is not the appropriate Government under Section 2(5) of the Electricity Act, 2003. Section 68 of the Electricity Act, 2003:27. Section 68 of the Electricity Act, 2003 mandates that an overhead line … Act would not apply. The Courts below, therefore, seriously erred in holding that in the notification published under Section 28(3), the Board has not been empowered the powers of Telegraph Authority under the Indian Telegraph Act and that

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Feb 22 2005

Orissa Power Generation Corpn. Ltd. Vs. Orissa Electricity Regulatory ...

Court : Orissa

Decided on : Feb-22-2005

Subject : ElectricityConstitution

Acts : Orissa Electricity Reforms Act, 1995 - Sections 10, 11, 11(1), 15A(3), 17, 21, 21(1), 21(2), 21(3), 21(4), 21(5), 28, 28(1), 28(2), 29, 29(2), 29(3), 29(5), 30, 30(3), 39, 46, 57, 57(3) and 58; Electricity (Supply) Act, 1948 - Sections 43A, 43A(1), 43A(2), 43(1)(2) and 49(3); Electricity Regulatory Commissions Act, 1998 - Sections 51; Central General Clauses Act, 1897 - Sections 6; Telecom Regulatory Authority of India Act, 1997 - Sections 11; Andhra Pradesh Electricity Reforms Act, 1999 - Sections 26 and 37; Electricity Act, 2003 - Sections 185(3); Constitution of India - Article 226; Orissa Electricity Regulatory Commission (Conduct of Business) Regulations, 1996 - Regulation 110(3); Telecommunication Interconnection Charges and Revenue Sharing (First Amendment) Regulations, 1999;

Reported in : AIR2005Ori125

now been filed by Gridco numbered as case No. 13 of 2002.30. We may mention here that the Electricity Act, 2003 has come into force during the pendency of the writ petition and Section 185(3) thereof provides that the … power and in August 2001, Case No. 39 of 2001 was filed by Gridco before the Commission under Section 28 of the Act, 1995 and the Commission passed orders on 27-8-2001 in the said case No. 39 of

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Jun 22 2006

Uttar Gujarat Vij Company Ltd. Vs. Hindustan Petroleum Corpn. Ltd.

Court : Gujarat

Decided on : Jun-22-2006

Subject : Consumer

Acts : Electricity Act, 2003; Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003 - Sections 28 to 30

Reported in : (2006)3GLR2204

day the appeals were filed, viz. 20.01.2005. For this purpose, reliance has been placed on the provisions of the Electricity Act, 2003 (the Electricity Act), the Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003 (Reorganisation Act) and the Transfer Scheme … to the State framing a scheme for transfer. The Reorganisation Act has come into effect from 16.05.2003. Under Section 28(1) of the Reorganisation Act, it is open to the State Government to publish schemes and effect the transfer

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May 16 2008

A.P. Electricity Regulatory Commission Vs. R.V.K. Energy Pvt. Ltd. and ...

Court : Supreme Court of India

Decided on : May-16-2008

Subject : Electricity

Acts : Andhra Pradesh Electricity Reforms Act, 1998 - Sections 2, 3, 3(1), 11, 11(1), 12, 13, 13(4), 13(5), 14, 14(1), 14(4), 15, 15(1), 16, 17, 21, 21(4), 26, 39 and 41(1); Electricity (Supply) Act, 1948 - Sections 2(4)(A), 2(5), 2(6), 3, 18A, 18A(2), 26A, 43A and 43A(1); Indian Electricity Act, 1910 - Sections 2, 3 and 28; Indian Electricity Act, 2003 - Sections 10(2), 14 and 42(2); Essential Commodities Act, 1955; Reform Act, 1995 - Sections 2, 14, 14(1), 16, 33 and 37(1); Electricity (Removal of Difficulties) Second Order, 2005; Electricity (Supply) Rules; Indian Electricity Rules; Companies Act, 1956; ;Indian Electricity Regulations

Reported in : 2008LC(SC)550; JT2008(7)SC138; 2008(9)SCALE529; 2008AIRSCW6536

and powers of the licensees. Section 21 imposes restrictions on licensees and generating companies.77. The Parliament enacted Indian Electricity Act, 2003 (in short 2003 Act). Sub-section (2) of Section 10 of the said Act enables a generating company to … using the existing transmission and distribution network of APT. Further, permission was granted by the state government under Section 28 of the 1910 Act to Astha Power Pvt. Ltd. for supplying energy to the identified consumers and also

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Jul 20 2009

N.M. Giri S/O S.N. Muniswami, Vs. Amr Power Pvt. Ltd.,

Court : Karnataka

Decided on : Jul-20-2009

Subject : ElectricityProperty

Acts : Electricity Act, 2003 - Sections 2(49) and 164; Indian Telegraph Act, 1885 - Sections 10 to 19, 19A, 16 and 17; Electricity Supply Act, 1943 - Sections 28(1) and 29; Electricity Act, 1910; Constitution of India - Article 226

Reported in : 2009(6)KarLJ267; 2009(6)AIRKarR44

these writ petitions the petitioners are essentially questioning the notification issued by the State under Section 164 of the Electricity Act, 2003 (for short the Act').3. The facts germane far the disposal of thee we petitions are as follows:In both … is dated 22.5.2007. Indeed under the said notification, it is stated that AMR shall formulate a scheme under Section 28(1) of the Electricity Supply Act, 1943 and the same is published in pursuance of Section 29(ii) of the

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Dec 14 2005

Suresh Jindal Vs. Bses Rajdhani Power Ltd.

Court : Delhi

Decided on : Dec-14-2005

Subject : Civil

Acts : Bureau of Indian Standards Act, 1986 - Sections 14; Indian Electricity Act, 1910 - Sections 3 to 11, 12 to 18, 26, 28, 36(2), 37, 40, 49A, 50, 51, 53, 60 and 67 to 69; Indian Electricity (Amendment) Act, 1956; Electricity (Supply) Act, 1948 - Sections 5 to 18, 19, 20, 23 to 27, 37, 40 to 45, 46 to 54, 56 to 69, 69(1), 72, 73 and 75 to 83; Electricity Act, 2003 - Sections 20, 26, 26(6), 55, 53, 70, 76, 79 and 185(3); Electricity Act, 1887; Electricity Act, 1903; Electricity Laws (Amendment) Act, 1998; Electricity Regulation Commission Act, 1998 - Sections 13, 22, 28 and 29; Electricity Reforms Act; Delhi Electricity Reforms Act, 2000 - Sections 3 to 11, 12, 14, 15, 19 to 27, 63 and 63(3); Companies Act, 1956; Industrial Employment (Standing Orders) Act, 1947; Bureau of Indian Sta

Reported in : 126(2006)DLT49

Electricity Rules, 1956 and the Electricity (Supply) Act, 1948.(d) Whether till regulations are framed under Section 55 of the Electricity Act, 2003 by the authority, the distribution company has authority to determine what would be a correct meter.27. The aforesaid … was to establish Central and State Regulatory Commissions to regulate the power sector in terms of Sections 13, 28 and 29 of the said Act.35. The Delhi Electricity Regulatory Commission (DERC) was constituted under the Electricity Regulatory

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Feb 15 2007

Delhi Electricity Regulatory Commission Vs. Bses Yamuna Power Limited ...

Court : Supreme Court of India

Decided on : Feb-15-2007

Subject : Electricity

Acts : Electricity (Supply) Act, 1948 - Sections 57 and 57A; Delhi Electricity Reforms Act, 2000 - Sections 12, 12(3), 14 to 16, 28, 28(2), 28(3), 57, 57A and 60; Electricity Act, 2003 - Sections 185 and 185(2); Income Tax Act

Reported in : JT2007(8)SC409; 2007(3)SCALE289; (2007)3SCC33

M/s. Tata Power Company Ltd. was one of the three DISCOMs. After privatization of Distribution Companies on 1.7.02, the Electricity Act, 2003 was brought into force on and from 10.6.2003. Section 185 of the said 2003 Act saved DERA by … reduce the rate of depreciation from 6.69% to 3.75% in accordance with the power entrusted to DERC vide Section 28(3) of DERA. It was further held that the decision taken by DERC was in public interest since the

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Mar 03 2009

U.P. Power Corporation Ltd. Vs. National thermal Power Corporation Ltd ...

Court : Supreme Court of India

Decided on : Mar-03-2009

Subject : Electricity

Acts : Electricity Regulation Commissions Act, 1998 - Sections 3(1), 13, 14(1), 14A, 14A(7), 14(2), 28, 37, 51, 55 and 79; Uttar Pradesh Electricity Regulatory Commission Act, 1998; Electricity (Supply) Act, 1948 - Sections 43A(2); Electricity Act, 2003; Civil Procedure (CPC) - Sections 11 and 114 - Order 2, Rule 2 - Order 47, Rule 1; Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 - Regulations 92, 93, 94, 103 and 110 to 117; Central Electricity Regulatory Commission (Terms & Conditions of Tariff) Regulations, 2001 - Regulations 1.4, 2.4 and 2.7; ; ;

Reported in : 2009LC(SC)13; JT2009(3)SC462; 2009(3)SCALE620; (2009)6SCC235; 2009(2)LC966(SC); 2009AIRSCW5869; [2009] 3 SCR 1060

Electricity Authority, Regulatory Commission and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto, enacted the Electricity Act, 2003. It came into force with effect from 10th June, 2003.12. On or about 25th September, 1999 the Government … order on the basis of purported subsequent events or otherwise. (ii) In view of 2001 Regulations framed under Section 28 of 1998 Act even while undertaking the original tariff determination proceedings the Commissioner had no jurisdiction to consider

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