Judgment Search Results Home > Cases Phrase: electricity act 2003 section 177 powers of authority to make regulations Page 3 of about 781 results (0.213 seconds)

Shri Kishan Kumar Vs. Manager (Business), Bses Rajdhani Power Ltd. and ...

Court : Delhi

Reported in : 155(2008)DLT449

..... in addition, even section 11 of the delhi electricity reforms act, 2000, makes it very clear that functions of the commission envisaged under that act are quite different from the functions carried out by the consumer grievance redressal forum established under the electricity act, 2003.5. ..... for that reason also, it follows that the reference to 'the commission' under section 42 of the delhi electricity reforms act, 2000, must necessarily be confined only to the delhi electricity regulatory commission and cannot include within its ambit the consumer grievance redressal forum envisaged under the electricity act 2003, more so, when the latter is a completely different enactment altogether. ..... he submits that since the impugned order was passed by the forum under section 42(5) of the electricity act, 2003, any appeal against an order of that forum can only lie with the ombudsman in terms of section 42(6) and (7) of that act, and the institution of the present appeal before this court under section 42 of the delhi electricity reforms act, 2000 instead, is misconceived.3. ..... admittedly, in passing the impugned orders, the forum was exercising powers under section 42(5) of the electricity act, 2003.2. ..... an appeal, for its maintainability, must have a clear authority of law.8. .....

Prabhakaran Vs. State of Kerala

Court : Kerala

Reported in : 1986CriLJ1411

..... revision petitioner was prosecuted not only for an offence punishable under section 44 of the indian electricity act but also for the major offence punishable under section 39 of the indian electricity act, the punishment of which is imprisonment up to three years ..... the revision petitioner pleaded that he cannot be prosecuted for the offence under section 44 of the indian electricity act since the charge under that section has already become barred by limitation. ..... conviction and sentence for the offence under section 39 of the indian electricity act were set aside and he was acquitted ..... the prosecution for an offence under section 44 of the indian electricity act was evidently barred by limitation by ..... for the offence under section 44 of the indian electricity act the punishment provided is only fine extending ..... offence under section 39 of the indian electricity act, the punishment prescribed is that of the offence of theft under section 379 ..... under section 44 of the indian electricity act were maintained ..... sheeted for having committed offences punishable under sections 39 and 44 of the indian electricity act. ..... is that acquittal of the revision petitioner by the sessions judge for the offence under section 39 has become final because it is not challenged by the state by filing an appeal ..... but there is the possibility of a contention that even without section 468(3) the petition envisaged by that sub-section was available because prosecution for several offences together was not prohibited .....

Bses Rajdhani Power Ltd. Vs. Saurashtra Color Tones Pvt. Ltd and anr.

Court : Delhi

Reported in : AIR2010Delhi14; 161(2009)DLT28

..... he pointed out that the supply act in section 79 gives power to the electricity board to make regulations not inconsistent with the act. ..... as part of power sector reforms undertaken since mid 1990s legislative initiatives undertaken which included enactment of the erc act, the reforms act and the electricity act, 2003. ..... we are not concerned in the present case with the electricity act of 2003 as the matter pertains to the period prior to the enactment of the said act. ..... act;(b) the reference to the sections of the indian electricity act, 1910 and the electricity (supply) act, 1948 in the provisions of the indian electricity act, 1910 shall be taken as reference to the corresponding provisions of this act to the extent modified by this act;(c) the reference to arbitration in these provisions except where it is by the central electricity authority or the central electricity regulatory commission shall be taken as reference to the proceedings under section 40 of this act and the arbitration procedure prescribed under the indian electricity act, 1910 shall not apply.the electricity (supply) act ..... the said condition has been continued in effect under section 185(2)(a) of the electricity act, 2003 till the same is varied or abrogated. ..... saw pipes : [2003]3scr691 , in any event, according to him, the arrears on account of charges for electricity supply can never be equated and treated at par with contractual claims of damages, which was the subject matter of the decision in raman iron foundry .....

Faruqi Multi Speciality Hospital Rep. by Its Partner Dr.Mrs.Naveed Sir ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... consequences, pilferage of electricity as a mal practice contemplated by clause 39 of revised terms and conditions of supply of electricity framed by a.p.s.e.b in exercise of powers under section 49 read with section 79(j) of electricity (supply) act, 1948 is on ..... electricity act, 2003, the electricity law has undergone a further change and what remained in vogue are the andhra pradesh law reforms act ofcourse with all its baggage as saved by the indian electricity act 2003 in so far as it is not inconsistent with the provisions of indian electricity act, 2003 and in addition the indian electricity act, 2003 ..... law reforms act had come into force except to the extent it itself carried with it the provisions of earlier law found in the indian electricity act, 1910, electricity (supply) act, 1948 and the rules and regulations including the most important instrument namely revised terms and conditions of electricity supply to persons other than the licensees previously administered by the a.p.electricity board. ..... electricity reforms act the provisions of which are endowed with the capacity to modify the formulations under the electricity (supply) act as for example restructuring the pattern of powers to the erstwhile board a creature of electricity (supply) act, makes it abundantly clear that the electricity consumer is as much a consumer technically so called under the consumer protection act ..... came to light only when the inspecting authority flash raided on the complainant premises and .....

The Nadiad Borough Municipality Vs. the Nadiad Electric Co. Ltd.

Court : Gujarat

Reported in : AIR1964Guj30; (1964)0GLR82

..... in this view of the matter, the decree passed by the learned assistant judge dismissing the suit must be set aside and a declaration should be granted that the defendant is bound under sub-section (3) of section 22a of the indian electricity act, 1910, to continue to supply electrical energy to the plaintiff at the same rates and on the same terms and conditions as are specified in the agreement dated 14th august 1940, so long as the plaintiff continues to be an establishment used or intended to be used ..... establishments out of many establishments, which, in the opinion of the state government, are establishments used or intended to be used for maintaining supplies and services essential to the community, as a preliminary and independent step to the exercise of the power of giving direction under sub-section (1) of section 22a, what is the basis on which the state government is to make such selection for the purpose of notification? ..... an agreement was, therefore, reached between the plaintiff and the defendant on 3rd april 1937 regulating the terms and condiiions on which the defendant would supply electrical energy to the plaintiff for the aforesaid purposes. ..... whether or not an implication of a covenant for renewal can be made in a particular case must depend on the facts and circumstances of the case and no decision on the peculiar facts and circumstances of one case can be an authority for the decision on the facts and circumstances of another case. .....

Gulab Rai Vs. Municipal Corporation of Delhi and Others

Court : Delhi

Reported in : ILR1991Delhi97

..... a licensee may, with the previous sanction of the state government, given after consulting the state electricity board and also the local authority, where the licensee is not the local authority, make conditions not inconsistent with this act or with his license or with any rules made under this act, to regulate his relations with persons who are or intend to become consumers, and may, with the like sanction given after the like consultation, add to or alter ..... it was submitted that under section 277 of the delhi municipal corporation act the corporation has all the powers and obligations of a licensee under the indian electricity act, 19 10 and the said clause xi-a stood incorporated in the dmc act and the subsequent repeal of the said clause in 1959 would not make it inapplicable. ..... the corporation, by virtue of section 277, can exercise all those powers and obligations which any licensee would have under the indian electricity act at any point of time. ..... subject to the provisions of this act, the corporation shall in respect of the whole of the union territory of delhi, have all the powers and obligations of a licensee under the indian electricity act, 19 10, and this chapter shall be deemed to be the license of the corporation for the purposes of that act: provided that nothing in sections 3 to 11 of, or in clauses i to ix of the schedule to, that act relating to the duties and obligations of a licensee shall apply to the corporation. .....

Commissioner of Trade and Taxes, Delhi vs.schneider Electric India Pvt ...

Court : Delhi

..... 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 ..... meaning thereby that henceforth, powers to determine specifications of a correct meter stand vested in the authority constituted under section 70 of the electricity act, ..... are entitled for claiming deductions from their turnover in respect of sales made to discoms namely mis north delhi power limited, bses rajdhani power limited, bses yamuna power limited under section 4(2)(vi) of the delhi sales tax ,1975 read with rule11(xii) of the delhi sales tax rules 1975 upto 10.03.2004' and in respect of sales made to these discoms on and after 11.03.2004 the day when the electricity act 2003 came for such deduction/exemption. ..... 28 of 52 section 71 (2) (c) of the dst act reads as follows: (1) the administrator may make rules for carrying out the purposes of this act (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for, - xxxxxx (c) the period of turnover, the manner in which the turnover in relation to sale of any goods under this act shall be determined and the sales turnover which may be deducted under sub clause (vi) of clause (a) of sub-section (2) of section 4 xxxxxx xxxxxx section 66 of the dst ..... state of j&k & ors1997 (2) scc745which held that : the guidelines framed by the governor are by exercising the rule-making power under section 24 of the .....

The Tata Hydro-electric Power Supply Co. Ltd. and ors. Vs. Union of In ...

Court : Mumbai

Reported in : 2001(2)ALLMR30; 2001(2)BomCR20; (2001)1BOMLR526; 2001(1)MhLj755

..... authorities cited at the bar, crystallises the issue to be decided by us in the appeal as under :-whether the parties had specifically referred for arbitration the question of law on the issue of arbitrability of the claim of the appellants and on the issue as to whether a defect in current transformer was equivalent to a defect in a 'meter' within the meaning of section 26(6) of the indian electricity act ..... the parties, had, however, been ordered to deliver pleadings, and by their statement of claim the contractor had claimed that the arbitrator should under his powers revise the last certificate issued etc.....it is at this point that the question of the construction of condition 30 arose as a question of law, not specifically submitted, ..... (7) in addition to any meter which may be placed upon the premises of a consumer in pursuance of the provisions of sub-section (1), the licensee may place upon such premises such meter, maximum demand indicator or other apparatus as he may think fit for the purpose of ascertaining or regulating either the amount of energy supplied to the consumer, or the number of hours during which the supply is given, or the rate per unit ..... if a specific question of law is submitted to the arbitrator for his decision and he decides it, the fact that the decision is erroneous does not make the award bad on its face so as to permit its being set aside; and where the question referred for arbitration is a question of construction, which is, generally speaking, .....

Twenty First Century Wire Rods Limited Vs. the Administrator and ors.

Court : Mumbai

Reported in : 2006(1)ALLMR408; 2006(1)BomCR539; (2005)107BOMLR1220

..... it has been further contended that in fact no such issue was raised by the petitioners before the authorities below and not only that but by virtue of filing an appeal in pursuance of the notification issued under section 49 of the electricity (supply) act, 1948 and not under section 127 of the electricity act, 2003, the petitioners has acquiesced to the jurisdiction of the authorities under the notification and thus, they are not entitled to raise the issue of jurisdiction in the present writ petition.8. ..... i am of the view that by virtue of section 61 of the electricity act, 2003 the notification dt.2.4.93 is saved and therefore the authorities below had appropriate jurisdiction to pass necessary orders by relying upon the said notification and appellate authority also had jurisdiction to entertain the appeal and decide the same.14. ..... on the other hand the learned counsel for the respondents has contended that though the provisions of section 126 and 127 has been brought into force on 10.6.03 still by virtue of the proviso contained in section 61 of the electricity act, 2003, the notification issued under the electricity (supply) act, 1948 dt.2.4.93 is saved for the period of one year or till the regulations for tariff is framed under section 61 of the said act, whichever is earlier. ..... the petitioners were permitted to make representation for giving the connection of power supply which was disconnected on 22.9.03. ..... tariff regulations. .....

Chhattisgarh State Electricity Vs. the Chhattisgarh State

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL645

..... jindal power moved the regulatory commission for a distribution license under section 14 of the electricity act, 2003 read with regulation 3(1) of cserc (license) regulations, 2004 for supply of electricity to industries located in its industrial estate known as jindal industrial park in villages tumdih and punjipathra of gharghoda tahsil of raigarh district. ..... to supply electricity to consumers within the industrial estate so long as it does not require open access by virtue of the provisions of section 10(2) of the act (ii) in so far as the commission negatived the plea of the appellant that the permission granted by the state government amounted to grant of a license under section 28 of the indian electricity act, 1910, (iii) in so far as the regulatory commission held the appellant guilty of contravention of section 12 of the electricity act, 2003 for supplying electricity in the industrial estate as one without the necessary legal authority and ..... an area restriction for a second license, within the area of an existing licensee and if at all such a second license can be granted for a minimum area of revenue district or a municipal corporation or a municipal council and it has obligation to distribute power to all consumers who make demand in terms of section 43 of the electricity act, 2003. .....