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Central Power Distribution Co. and ors. Vs. Central Electricity Regula ...

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 79(1); Electricity Regulatory Commissions Act, 1998 - Sections 2(32), 28, 28(1), 28(2), 28(3), 29, 33, 33(3), 79(1), 86, 86(1) and 178(2); Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 - Regulation 15

Reported in : AIR2007SC2912; 2007(2)BLJR2461; JT2007(10)SC238; 2007(10)SCALE72; (2007)8SCC197

that the order dated 4.7.2005 passed by the Commission in discharge of its power under Section 79(1)(a) of the Electricity Act, 2003 cannot be justified. It is further argued under Section 79(1)(c) the Central Commission can only regulate inter-State transmission

Grid Corporation of Orissa Ltd. Vs. Gajendra Haldea and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 52, 60, 62, 66, 79(1), 86(1), 111, 111(1), 121, 127, 142 and 178; Central Electricity Rules, 2005 - Rule 9; Central Electricity Regulatory Commission (Procedure, Terms and Conditions for grant of Trading License and other related matters) Regulations, 2004; Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006 - Regulation 2

Reported in : 2008AIRSCW7294; 2008LC(SC)511; [2008(4)JCR10(SC)]; 2008(11)SCALE313; 2008(2)LC1095(SC)

the Central Electricity Regulatory Commission (in short the `CERC') purportedly under Section 52 read with Section 79(1)(g) of the Electricity Act, 2003 (in short the `Act') on 28.2.2006. The prayers inter- alia were under: (a) Direct GRIDCO to adhere to

Gujarat Urja Vikash Nigam Ltd. Vs. Essar Power Ltd.

Court : Supreme Court of India

Subject : ArbitrationElectricity

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(3), 11, 11(5) and 11(6); Gujarat Electricity Industry (Reorganization and Regulation) Act, 2003; Electricity Act, 2003 - Sections 79, 79(1), 86(1), 94(2), 158, 173, 174 and 175; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; Mimansa Rules; State Grid Code; Constitution of India - Article 14; Arbitration and Conciliation Ordinance, 1996

Reported in : AIR2008SC1921; 2008(2)ARBLR1(SC); 2008(2)AWC1238(SC); (2008)2CompLJ357(SC); 2008(4)CTC539; 2008LC(SC)1; (2008)3GLR2246(SC); JT2008(3)SC336; (2008)4MLJ573(SC); (2008)4SCC75; 2008AIRSCW2169

may now deal with the submission of Mr. Fali S. Nariman that in view of Section 175 of the Electricity Act, 2003, Section 11 of the Arbitration and Conciliation Act, 1996 is also available for arbitrating disputes between licensees and generating … Act;(h) specify State Grid Code consistent with the Grid Code specified under Clause (h) of Sub-section (1) of Section 79;(i) specify or enforce standards with respect to quality, continuity and reliability of service by licensees;(j) fix the trading

Ptc India Ltd. Vs. Central Electricity Regulatory Commission Thr. Secy ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Electricity Act, 2003 - Sections 1 to 120, 121 and 122 to 185; ;Companies Act, 1956; ;Electricity (Amendment) Act, 2003 - Sections 1, 1(2), 1(3) and 4; ;Electricity (Supply) Act, 1948 - Sections 16(5), 46, 46(1), 49, 49(1), 49(2), 59 and 79; ;Electricity Regulatory Commissions Act, 1998; ;Indian Electricity Act, 1910; ;Income-tax Act, 1961; ;Reserve Bank of India Act, 1934 - Sections 45JA, 58, 58(1) and 58(2); ;Motor Vehicles Act, 1939 - Sections 43A, 47 and 60; ;Securities and Exchange Board of India Act, 1992; ;Telecom Regulatory Authority of India Act, 1997; ;Constitution of India - Articles 14 and 226; ;Electricity Supply Code; ;Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006; ;Central Electricity Regulatory Commission (Terms and Conditions of T

Reported in : JT2010(3)SC1,2010(3)LC1203(SC)

delegated legislation.QUESTIONS OF LAW:4. The crucial points that arise for determination are:(i) Whether the Appellate Tribunal constituted under the Electricity Act, 2003 ('2003 Act') has jurisdiction under Section 111 to examine the validity of Central Electricity Regulatory Commission (Fixation of … 'Grid Code' means the Grid Code specified by the Central Commission under Clause (h) of Sub-section (1) of Section 79;(34) 'Grid Standards' means the Grid Standards specified under Clause (d) of Section 73 by the Authority;(39) 'licensee' means

J.K. Pharmachem Limited, Sipcot Industrial Complex, Rep. by Its Sr. G. ...

Court : Chennai

Subject : Other Taxes

Acts : Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 - Sections 3, 20 and 21; Tamil Nadu Electricity (Taxation on Consumption) Act, 1962 - Sections 12; Central Province and Berar Electricity Duty Act, 1949; Uttar Pradesh Electricity (Duty) Act, 1952; Damodhar River Valley Corporation Act, 1948; Bihar Electricity Duty Act, 1948; Indian Electricity Act, 1910; Electricity Act, 1948 - Sections 79; Indian Electricity Supply Act - Sections 49; Tamil Nadu General Sales Tax Act, 1959; Electricity Regulatory Commission Act, 1988 - Sections 29; Tamil Nadu Electricity Duty Act, 1939; Tamil Nadu Electricity Taxation (on Consumption or Sale) Act, 1962; Tamil Nadu Tax on Consumption and Sale of Electricity Rules, 2003; Punjab Electricity (Duty) Rules, 1958 - Rule 3; Electricity Regu

Reported in : (2004)1MLJ662

ORDERE. Padmanabhan, J.1. The validity of The Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003, is the subject matter of challenge in these batch of writ petitions by the consumers, either individually or … respondents.POINT - IV : Whether the levy of tax on maximum demand charges is valid and enforceable ?32. Section 79 of The Electricity Act, 1948, confers power to make regulations to provide for matters specified therein, inter alia,

Bses Rajdhani Power Limited, New Delhi and Another Vs. Delhi Electrici ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

provision of this Act specify the terms and conditions for the determination of tariff. 48. Section 79(1)(f) of the Electricity Act, 2003 is a special provision which provides for adjudication of disputes involving generating company or transmission licensee in matter

Tamilnadu Generation and Distribution Corporation Limited, Represented ...

Court : Chennai

Subject : Land Acquisition

stated that the CERC, in exercise of the powers conferred, under Section 178, read with Section 79(1)(C) of the Electricity Act, 2003, had issued the Central Electricity Regulatory Commission (Unscheduled Interchange Charges and Related Matters) (Second Amendment) Regulations, 2012, hereinafter

Coastal Andhra Power Limited Vs. Andhra Pradesh Central Power Distribu ...

Court : Delhi

Subject : Land Acquisition

company and the dispute concerned the powers of the State Electricity Regulatory Commission (‘SERC’) under Section 86 of the Electricity Act, 2003 (‘EA’). The said provision was held wide enough to cover such disputes. However, in the present case, the … terms of the judgment of the Supreme Court in GUVNL case the arbitration clause would stand superseded by Section 79(1)(f) of the EA. 14. It is next submitted that the law relating to staying of the enforcement of

Classic Developers, Bangalore, Rep. by Its Managing Partner Sushil Man ...

Court : Karnataka

Subject : Electricity

Acts : Constitution Of India - Articles 226, 227; Karnataka Electricity Board (Recovery of Dues) Act, 1976; Karnataka Electricity Board (Recovery of Dues) Rules, 1978; Electricity Act, 2003 - Section 56(2); Income Tax Act, 1961 - Rule 53(d); Transfer of Property Act, 1882 - Section 55(g); Electricity (Supply) Act, 1948 - Sections 49, 79

Reported in : 2012(2)KarLJ73; 2012(2)KantLJ73; ILR2012KAR1572

the Karnataka Electricity Regulatory Commission (Electricity Supply & Distribution) Code 2000-2001 with effect from 29/3/2001; and(5) Sec.56(2) of the Electricity Act, 2003(6) Rule 53(d) under Part-III Schedule-II of Procedure for Recovery of Tax under the Income Tax Act, 1961(7) Sec.55(g) … 4.34 of the Karnataka Electricity Board Electricity Supply Regulations, 1988;(2) Sec.49 and 79(j) of the Electricity (Supply) Act, 1948;(3) Sec.58 of the Karnataka Electricity Reforms … in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due

Suresh Jindal Vs. Bses Rajdhani Power Ltd.

Court : Delhi

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

was constituted under Section 76 of Electricity Act 2003. The functions of the said Commission were specified in Section 79. The said Commission, as would be evident from Section 79, was mainly concerned with the tariff payable to … 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