Court : Gujarat
Reported in : (2006)2GLR1580
..... favour of the aec and the geb under the indian electricity act, 1910 and electricity (supply) act, 1948 and the conditions of supply and miscellaneous charges framed by the said licensees under the said acts continued to be operative till 9.12.2004, thereafter with effect from 10.12.2004, the distribution licenses in favour of those licensees continue to operate subject to their being in accordance with the provisions of the electricity act, 2003. ..... part of clause (b) of section 172 [quoted in para 19.2 hereinabove], for the period from 10.12.2004 onwards, the licenses in favour of geb and aec were deemed to be licenses under the electricity act, 2003 and all provisions of the new act accordingly ..... of clear necessity and when reason for it is found in the four corners of the statute itself but at the same time a casus omissus should not be readily inferred and for that purpose all the parts of a statute or section must be construed together and every clause of a section should be construed with reference to the context and other clauses thereof so that the construction to be put on a particular ..... applicable tariff in theft cases as provided in section 154(5) for a maximum period of twelve months.on the other hand, section 126 read with explanation (b) thereto does not require any mens rea on the part of the proprietor of the premises or any other person, in order to empower the assessing officer to exercise the power of best judgment assessment which is to be made at a rate equal to .....
Tag this Judgment!Court : Allahabad
..... " (iv) if the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place (as defined under explanation to section 126 of the electricity act, 2003), it shall be presumed that such unauthorized use of electricity was continuing for a period of three months immediately preceding the date of inspection in case of domestic and agricultural services and for a period of six months immediately preceding the date of inspection for all other categories of ..... the billing meter 'd' was not available for any kind of study having burnt into ashes due to fire but there were still three meters available which could have shown anything wrong on the part of the consumer if there was any difference in the consumption pattern shown in all the four meters till the date billing meter 'd' had not burnt, in order to bring the case within the ambit of " ..... ; vith to distribution of electricity including distribution licensees, electricity trader, supply generally and consumers protection; viith contains provisions relating to tariff, viiith relating to works of licensee and of overhead lines; ixth deals with the provisions relating to central electricity authority; xth relates to regulatory commissions, xith to appellate tribunal; part xiith to investigation and enforcement; part xiiith to re-organisation of board; xivth to offences and penalties; part xvth to special court; xvith to dispute resolution; xviith to protective clauses and xviiith is miscellaneous. 51. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(3)SC1,2010(3)LC1203(SC)
..... into force on 27.1.2004 merely provided for substitution of the original section 121 with new section 121, without issuance of a further notification under section 1(3) of the original electricity act, 2003.according to the learned counsel, there is a difference between substituting a dormant section in an act and in bringing a substituted section into force which has not been done in this case and, therefore, section 121, although being part of the statute, is not brought into force, till today. ..... at the outset, we may state that material brought on record indicates that section 121 of the original electricity act, 2003, quoted hereinabove, was never brought into force because some mps expressed the concern that the power, under that section, conferred upon the chairperson of the appellate tribunal, could lead to excessive centralization of ..... now, therefore, in exercise of powers conferred under section 178 of the electricity act, 2003 (36 of 2003), and all other powers enabling it in this behalf, and after pervious publication, the central electricity regulatory commission hereby makes the following regulations, namely:1. ..... 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 trading margin) regulations, 2006 framed in exercise of power conferred under section 178 of the 2003 act? .....
Tag this Judgment!Court : Delhi
..... the said request of the derc as there is no such enabling provision under the electricity act, 2003 or under the delhi electricity reform act, 2000 (reforms act) or under the tariff policy to refer the matter of audit of accounts of the discoms; (c) there is no such power also under the article 149 of the constitution of india or under the cag act; and, (d) that otherwise also a routine audit by the cag every year may not ..... effectiveness with which the departmental authorities or other bodies had used their resources in discharging their functions and that cag is also the final audit authority and is a part of the machinery through which the legislature enforces the regulatory and economy in the administration of public finance, it has to follow that the report of cag in pursuance to direction under section 20 ..... including atandc loss, distribution loss, operation and maintenance expenditure including employee expenses, repair and maintenance expenses, administrative and general expenses and other miscellaneous expenses return of capital employed, depreciation, quality of supply etc. ..... do not constitute a ground within the meaning of section 20 of the cag act; (xvii) that the administrator in the present case, as per the file notings, has merely put his signatures on the proposal for audit mooted by the gnctd without any application of mind and no reasonable opportunity to represent has been given; (xviii) that electricity tariff cannot be determined by the cag and it has to be determined by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC70; 1972LabIC3; (1971)2SCC502; [1972]1SCR60
..... it is significant to note that this court pointed out in the ahmedabad miscellaneous industrial workers' union case (supra) that the income-tax rules should be applied in calculating depreciation under the full bench formula in preference to the provisions of the seventh schedule to the electricity supply act as this would work for uniformity in all industrial concerns. ..... mcleod who stated that the statement prepared under the electricity act was on the basis of the record maintained by the head office but the total consumption of the coal during the year was 54,962 tons and the average cost of coal per ton was rs. ..... d-11 in accordance with clause xvii (e) of the sixth schedule to the electricity act and this sum being the lesser of the two was incorporated in ex. d-11. ..... this period can be conveniently split up into several parts to mark off the claims made from time to time and the settlements by mutual agreement or payments under awards of industrial courts or even made voluntarily. ..... the major part of the entire period was covered by awards and excepting in one of these awards, there was no reference to any festival bonus. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR366; 2009(1)BomCR179
..... passed under the electric (supplied) act, 1948;(xxiv) the orders passed under the employees' provident funds and miscellaneous provisions act, 1952;(xxv) the orders passed under the employees' state insurance act, 1948;(xxvi) the orders passed under the factories act, 1948;(xxvii) the orders passed under the indian railways act, 1890;(xxviii) the orders passed under the indian electricity act, 1910;(xxix) ..... , 1966;(xv) the orders passed under the maharashtra university act, 1994(xvi) the orders passed under the bombay stamp act, 1958;(xvii) the orders passed under the bombay police act;(xviii) the orders passed under the bombay shops and establishments act, 1948;(xix) the orders passed under the bombay port trusts act, 1879;(xx) the orders passed under the bombay city ..... the said application while ensuring that the same is finally disposed of on merits in accordance with law keeping in mind the observations made in the earlier part of this order as expeditiously as possible and in any case not later than 10th october, 2008.22. ..... gives ancillary directions which may pertain to article 227, this ought not to be held to deprive a party of the right of appeal under clause 15 of the letters patent where the substantial part of the order sought to be appealed against is under article 226. ..... in so far as the second part of the direction issued by the j.c.c, there is additional reason as to why i am inclined to continue the same; in the first place, it is common ground that the petitioners .....
Tag this Judgment!Court : Chennai
Reported in : AIR2008Mad148; (2008)2MLJ812
..... judge of this court, while sitting both at the principal seat and also at the madurai bench of this court, has disposed of the writ petitions holding as follows:under the new section 126(5) and (6) of the electricity act, 2003, in respect of the supply other than domestic or agricultural, the maximum period of levy for the assessment can be only for six months and the rate of such assessment cannot also go beyond 1 1/2 times the tariff ..... regarding the contention of the department that section 126 of the electricity act will not be applicable since it deals only with unathorized use of electricity and only the provisions of section 135 of the electricity act, 2003 are applicable since it relates to theft of energy, the learned senior counsel appearing for the consumers would argue that chapter xiv of the electricity act 2003 deals with theft of electricity, section 154 of the act deals with powers of the special courts for the speedy trial ..... other argument advanced on the part of the consumers that only the special court is entitled to determine the civil liability against the consumer, as per section 153(5) of the electricity act 2003 and hence, the assessment orders issued by the electricity department shall be quashed on that ground also, does not arise for consideration in the cases on hand, in view of our specific finding that for the cases in hand, only the provisions of the old act are applicable.26. ..... consequently, connected miscellaneous petitions are closed. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(111)BomLR2966; 2009LC(SC)246; 2009(5)LC2440(SC)
..... (d) in the past, in view of the prevailing supply shortage situation, the commission has invoked its powers under section 23 of the electricity act 2003, and has directed the distribution licensees to share the available generation capacity in a particular ratio, based on the share of non-coincident peak demand for fy 2006-07, and subsequently based on the ..... after asserting that the marginal notes and other `appendages' are not part of an act, said of any act, passed after the practice of actually engrossing acts on the parliament roll ceased in 1849: `the act, when passed, must be looked at just as if it were still entered upon a roll, which it may be again if parliament should be pleased so to order; in which case it would ..... part iii of the act provides for generation of electricity ..... of transmission could own the wires/transmission lines constituting the part of their grid but it could not engage itself in the activity of buying or selling the electrical energy.100. ..... for power procurement guidelines to the following terms:22.1 a distribution licensee shall follow the guidelines contained in this part with respect to: (a) procurement of power under any arrangement or agreement with a term or duration exceeding one ..... part v deals with transmission of electricity ..... treatise deals with 'sidenote, heading or title', wherein it is stated:use in interpretation - like anything else in what parliament puts out as its acts, a sidenote or heading is part of the act, despite dicta to the contrary. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj66; (2005)2GLR1202
..... 11 of part iii of the conditions of supply and miscellaneous charges framed under the act of 1910 and not under section 126 of the electricity act, 2003. ..... 1917 of 2004 passed by the learned judge, city civil court, ahmedabad, mainly on the ground that the ahmedabad city civil court has no jurisdiction to entertain the civil suit in view of the provisions of the electricity act, 2003, especially in view of section 145 thereof and has also prayed to quash and set aside the order below application exh. ..... even if the special court or appellate authority as referred to in sections 127 and 153 of the electricity act, 2003 have not been constituted, the city civil court cannot assume power, jurisdiction and authority to entertain the suit. ..... 11 of part iii of conditions of supply and miscellaneous charges framed under indian electricity act, 1910. ..... the assessment of theft of energy has also been given to the respondent by the petitioner company as per provisions of section 135 of the electricity act, 2003 read with clause 23(b) of the conditions of supply read with condition no. ..... in case of theft of energy, assessment will be as per section 135 of the electricity act, 2003 read with clause 23(b) of conditions of supply to be read with condition no. ..... the learned counsel for the petitioner company submitted that the assessment under sections 126 and 135 of the electricity act, 2003 are absolutely different from each other. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj40; (2005)1GLR247
..... in case of theft of energy, assessment will be as per clause 23(b) of conditions of supply to be read with condition no.11 of part iii of the conditions of supply and miscellaneous charges framed under the act of 1910 and not under section 126 of the electricity act, 2003. ..... the learned counsel for the petitioners submitted that the respondent no.1 has committed breach of section 126 of the electricity act, 2003 (hereinafter referred to as 'the act of 2003') as the assessing officer has to make inspection of the premises of the petitioner, has to issue notice of hearing and thereafter only, the assessment under section 126 of the act of 2003 can be made by the respondent no.1 company. ..... shall mean contravention by the consumer of any of the provisions of the act, the electricity (supply) act, 1948 or the indian electricity rules, 1956 or of any other law governing the supply and use of electricity and the rules framed thereunder as also contravention of any of the provisions of the licencee's 'conditions of supply and miscellaneous charges' or any of the terms and conditions of any agreement governing the supply of electricity by the licensee to the consumer and shall in particular include the following ..... the said act have been saved and as per section 21 of gujarat electricity industry (reorganisation and regularisation) act, 2003, conditions of supply framed under section 21(2) of the act of 1910 are saved. .....
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