Judgment Search Results Home > Cases Phrase: electricity act 2003 part vi distribution of electricity Page 1 of about 5,504 results (0.066 seconds)

Kovvuri Trinadha Reddy Late Sri Subba Reddy, Hindu Vs. Eastern Power D ...

Court : Andhra Pradesh

Reported in : 2007(6)ALD752

..... result in needless harassment of consumers, at the hands of unscrupulous officers, cannot be said to be without any basis, any construction of the provisions of the electricity act, 2003 denying power to the inspecting officer to disconnect power supply, even if the consumer is found indulging in pilferage of energy/unauthorized use of electricity, would result in large scale misuse of electricity which would not only deny the distribution licensees of their legitimate revenues but would also deprive bonafide and honest consumer of much needed ..... part vi of the electricity act, 2003 relates to distribution of electricity and contains the provisions with respect to distribution licensees. ..... as the distribution licensees had expressed difficulty in taking appropriate action in controlling theft of electricity, as it became necessary to enable them to take timely and appropriate action in cases of theft or diversion of electricity to other areas and as difficulties had arisen in giving effect to the provisions of the electricity act, 2003, in controlling theft of electricity by the distribution licensees, the central government, in exercise of the powers conferred under section 183 of the electricity act, 2003, made the electricity (removal of difficulties) order, 2005 which was notified in s.o. .....

Kovvuri Trinadha Reddy and ors. Vs. Eastern Power Distribution Corpora ...

Court : Andhra Pradesh

Reported in : 2007(4)ALT580

..... part vi of the electricity act, 2003 relates to distribution of electricity and contains the provisions with respect to distribution licensees. ..... had expressed difficulty in taking appropriate action in controlling theft of electricity, as it became necessary to enable them to take timely and appropriate action in cases of theft or diversion of electricity to other areas and as difficulties had arisen in giving effect to the provisions of the electricity act, 2003, in controlling theft of electricity by the distribution licensees, the central government, in exercise of the powers conferred under section 183 of the electricity act, 2003, made the electricity (removal of difficulties) order, 2005 which was notified in s.0.790(e), ministry of power, dated 08-06-2005 ..... result in needless harassment of consumers, at the hands of unscrupulous officers, cannot be said to be without any basis, any construction of the provisions of the electricity act, 2003 denying power to the inspecting officer to disconnect power supply, even if the consumer is found indulging in pilferage of energy/unauthorized use of electricity, would result in large scale misuse of electricity which would not only deny the distribution licensees of their legitimate revenues but would also deprive bonafide and honest consumer of much needed .....

DakshIn Haryana Bijli Vitran Vs. Dlf Services Ltd., Dlf Universal

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL764

..... conceedingly, the grievance or complaint of the contesting respondent is one falling under part-vi: distribution of electricity of the electricity act, 2003 and in particular under section 42(5) of the electricity act, 2003, as the gravamen of allegations being failure to supply electricity against the distribution license (discom for brevity). ..... it is to be pointed out that a host of the directions issued by the regulatory commission do not form part of the initial complaint nor they will fall under the purview of section 42/43 of the electricity act, 2003 and they are clear embellishments which developed for reasons known to the commission.9. ..... the respondents 1 and 2 submitted a complaint dated 29^th october, 2004 before the haryana electricity regulatory commission under section 42 and 43 of the electricity act, 2003 complaining non release of bulk supply (non domestic) electricity connection for 36187 acres "city centre gurgaon" applied on 22^nd january, 2002 for 3200 kw load ..... the appellants have challenged all the directions issued by regulatory commission, which according to the appellants are without jurisdiction and beyond the scope of the proceedings as well as the statutory provisions of the electricity act, 2003 and the regulations framed there under, from being without jurisdiction.12. ..... of the distribution and retail supply regulations framed by the state commission, are inconsistent with part iv of the 2003 act and in particular to section 42(5) to (8) of the 2003 act. .....

DakshIn Haryana Bijli Vitran Vs. Princeton Estate Condominium

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL356

..... grievance or complaint of the contesting respondent is one falling under part-vi: distribution of electricity of the electricity act, 2003 and in particular under section 42(5) of the electricity act, 2003, as the gravamen of allegations being failure to supply electricity against the distribution license (discom for brevity). ..... has no jurisdiction to decide truth or validity of the contract or breach thereof and award compensation as it has to act within the four corners of the electricity act, 2003 and the state act in so far it is saved by section 185 of electricity act, 2003. ..... electricity reforms act, 1997 is one of the enactments included in the schedule to the electricity act, 2003. ..... also contended that the said provisions are still in force, as the said act has been saved by section 185(3) of the electricity act, 2003.13. ..... part vi - "distribution of electricity" prescribes the forum for redressal of grievances under this part ..... the haryana electricity regulatory commission has the jurisdiction and authority to decide a complaint filed under section 42(5) of the electricity act, 2003? ..... and contesting respondents realizing the legal position placed reliance on section 54 of the haryana electricity reforms act, 1997, read with para 7 and 8 of the distribution & retail supply regulations framed by it. ..... distribution and retail supply regulations framed by the state commission, are inconsistent with part iv of the 2003 act and in particular to section 42(5) to (8) of the 2003 act. .....

Central Coalfields Limited, Vs. Jharkhand State Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL880

..... part iv of the electricity act, 2003 section 12 of the electricity act, 2003 mandates that no person shall transmit, distribute or undertake trading in electricity unless he is authorised to do so by a license issued under section 14 of the electricity act, 2003 ..... be it a distribution licensee or be it a license to trade, provisions have been made in the electricity act, 2003. ..... case, if at all, could be only in terms of the agreement which the appellant and the second respondent entered between themselves and not in terms of part vii of the electricity act, 2003.in fact, the parameters applied by the regulatory commission for tariff fixation is as contained in the agreement entered between the parties, namely, ppa.23. ..... appellate tribunal raised the issue relating to the jurisdiction of the regulatory commission in entertaining the tariff application filed by either side under the electricity act, 2003 and also the jurisdiction of this appellate tribunal to entertain the appeal as against the said determination by the regulatory commission.on this point, ..... we also hold that it is not an order or a tariff determination/order by the regulatory commission falling under one or more the provisions of the electricity act, 2003, which alone is appealable, (ii) on the second point, we hold that the regulatory commission as an expert arbitral tribunal has resolved the dispute as referred to it by parties to the ..... act of generation of electricity falls under part iii of the electricity act, 2003 .....

K.c. Ninan Vs. Kerala State Electricity Board & Ors.

Court : Supreme Court of India

..... from the other side, the auction purchasers have urged that: (i) the provisions of the 1910 act, 1948 act, and the 2003 act do not empower the 42 part f electricity board or, as the case may be the distribution licencee to recover the arrears of electricity of the previous consumer from the new owner or occupier of the premises; and (ii) the conditions of supply prescribed under the 1948 act do not have the character of regulations and are not statutory.65. ..... a condition of supply to recover electricity arrears is not barred by limitation under section 56(2) of the 2003 act; and 18 part e (iii) the right of a distribution licensee to deny electricity connection till outstanding dues are cleared is a continuing right and cannot be said to be extinguished. ..... section 42 of 55 part f the 2003 act requires the distribution licensee to develop and maintain an efficient, coordinated, and economical distribution system in their area of supply to supply electricity in accordance with the provisions of the said act. ..... part vi of the 2003 act contains provisions dealing with distribution of electricity by distribution licensees. ..... part vi of the 2003 act deals with distribution of electricity. .....

Andhra Pradesh State Road Transport Corporation Rep. by Its Executive ...

Court : Andhra Pradesh

Reported in : 2008(5)ALD787; 2008(5)ALT87; 2009LC(AP)790

..... the electricity act, 2003 (for short 'the 2003 act'), which came into force with effect from 10-6-2003, repealed the indian electricity act, 1910; the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998, and several state electricity reform acts. ..... . tax on consumption or sale of electricity act, 2003, which repealed the tamil nadu electricity duty act, 1939 and the tamil nadu electricity (taxation on consumption) act, 1962, held that exemption from tax is a vested right and such a right having been accrued or vested, the same can be taken away only by reason of a statute and not otherwise and that a notification which was issued under the repealed acts would continue to govern unless the same is repealed.22 ..... . while deciding the said question, the supreme court held that the electricity act, 2003 being special law overrides the arbitration and conciliation act, 1996, which is general law ..... . part vi of the 2003 act deals with distribution of electricity ..... . as noted hereinabove, though the 2003 act repealed the 1910 and the 1948 acts and the electricity regulatory commission act, 1998, section 185(2)(a) of the said act provided, inter alia, that anything done or any action taken or any document or instrument executed or any direction given under the repealed laws shall, insofar as it is not inconsistent with the provisions of the act, be deemed to have been done or taken under the corresponding provisions of the act .....

Purvanchal Vidyut Vitran Nigam Limited and anr. Vs. Vidyut Lokpal (Ele ...

Court : Allahabad

Reported in : 2008(3)AWC2784

..... the electricity act, 2003 refers to the duties of distribution licensees and open access in part vi 'distribution of electricity'. ..... electricity reforms act, 1999 not being inconsistent with electricity act, 2003, rules or regulations made thereunder particularly tariff orders, and electricity supply code. ..... electricity reforms act, 1999 not inconsistent with electricity act, 2003 and rules or regulations made thereunder particularly u.p.e.r.c. ..... electricity regulatory commission has in exercise of its powers conferred on it under section 181 read with subsections (5) to (8) of section 42 of the electricity act, 2003 made u.p.e.r.c. ..... 2 have filed this writ petition to set aside an award of the 'electricity ombudsman' made under section 42(7) of (the) electricity act, 2003.3. ..... forum and consider such complaints and facilitate to his satisfaction or settlement by agreement, through conciliation and mediation between a licensee and the aggrieved parties or by passing an award after hearing the parties in accordance with the electricity act, 2003, provisions of u.p. ..... regulation 5.0 provides for jurisdiction of these forums with exceptions under regulation 5.1 regarding the matters mentioned in sections 126, 127, 128, 135, 139, 143, 152 and 161 of the electricity act, 2003. ..... in the cases, where the settlement through mediation could not be arrived, he may give an award in accordance with the electricity act, 2003. .....

U.P.Power Corporation Ltd. and ors. Vs. Anis Ahmad

Court : Supreme Court of India

..... . section 50 of the electricity act, 2003 empowers the state commission to specify an electricity supply code to provide for recovery of electricity charges, intervals for billing of electricity charges, measures for preventing damage to electrical plant or electrical line or meter, entry of distribution licensee etc ..... in the result i hold as under: i) the provisions contained in section 126 and 127 of part xii of the electricity act, 2003 are not inconsistent with the provisions of consumer protection act, 1986 and consequently there is no need to have resort to the provisions of section 173 and 174 of the electricity act. ..... . have been provided under part vi of the electricity act, 2003 but not the two other licensees ..... . bare perusal of part vi and section 42 of the electricity act, 2003 makes it further clear ..... . part xiv of the electricity act, 2003 relates to offences and penalties". ..... . the same is quoted hereunder: part vi distribution of electricity provisions with respect to distribution licensees 42 ..... . means any person who- (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a .....

M/S. Nalwa Steel and Power Ltd. New Delhi Vs. Chhattisgarh State Power ...

Court : Appellate Tribunal for Electricity APTEL

..... for supplying to jindal industrial park, jspl had obtained permission for the transmission line and the industrial park was treated as a part of distribution network for supply of electricity to the industrial park. ..... laws shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act; (b) the provisions contained in sections 12 to 18 of the indian electricity act, 1910 (9 of 1910) and rules made thereunder shall have effect until the rules under sections 67 to 69 of this act are made; (c) the indian electricity rules, 1956 made under section 37 of the indian electricity act, 1910 (9 of 1910) as it stood before such repeal shall continue to be in ..... 08) the commission opined that the permission under section 28 of the indian electricity act 1910 was not saved by the saving provision of section 185 of the act since the act does not envisage supply of electricity by a generator to a consumer except through open access or through a licensee ..... the permission under section 28 can now be extracted for perusal: by using the powers of indian electricity act, 1910 (1910 no.9) section 28 sub section (1) and (1-a) state government hereby with the consultation of board grants permissions to m/s ..... however, the commission found the lines leading to nalwa by tapping the dedicated transmission line from raigarh to tamnar not permissible under the electricity act, 2003, hereinafter referred to as the act. .....