Judgment Search Results Home > Cases Phrase: electricity amendment act 2007 Page 1 of about 96,387 results (0.126 seconds)

Salem Textiles Limited 'B' unit rep. by Its General Manager (Tech), Mr ...

Court : Chennai

Reported in : (2008)1MLJ844

..... , tamil nadu tax on consumption or sale of electricity (amendment) act, 2007, by which amendments have been incorporated into act 12 of 2003, viz. ..... the state government has enacted act 38 of 2007, which was assented by the governor on 12.11.2007 to amend the tamil nadu tax on consumption or sale of electricity act, 2003. ..... in these circumstances, i do not agree with the contentions of the learned counsel for the petitioners that by virtue of the amending act 38 of 2007, in effect, no change has been effected to charging section viz. ..... , tamil nadu tax on consumption or sale of electricity act,2003, the learned senior counsel submitted that even after the amendment act has been introduced as a validating law, the same is valid only if such law cures the defects pointed out by the court and the same is within the legislative competency of the state.6. ..... under the amendment act 38 of 2007, a new clause has been introduced in section 2(2-a) in respect of the term 'charge on maximum demand'. ..... raman, learned additional advocate general appearing for the respondent electricity board has contended that when by virtue of the validating act 38 of 2007 changes have been effected to the tamil nadu act 12 of 2003, which was consequent to the judgment of the supreme court and the definition of the term 'consumption charge' has been newly incorporated and as long as the definition of the word exist in the statute book as on .....

Subhash Chatterjee Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : 2007(4)CHN1040

..... l) also drawing my attention to section 151 of the electricity act, 2003 and subsequent enactment of the electricity (amendment) act, 2007 which became effective from 15.6.2007, submits that since the amendment of section 151 of the principal act, has no retrospective effect and since the offence was committed prior to coming into the operation of the amendment act, the court at that point of time had no power to take cognizance of an offence on the basis of a police report filed under section 173 of the code ..... on the contrary, the introduction of provisos to section 151 by the electricity (amendment) act 2007 relate to amendment of procedure which is clarifying and curative in nature and, therefore, it should be deemed to have retrospective effect and it is applicable to pending cases.therefore, these provisos relate to amendment of the procedure; which is clarifying and curative in nature and thus, it should be deemed to have retrospective effect and it is applicable to pending cases.the old act as authorized a judge, special court to take cognizance of the ..... decide the merit of the application it should be kept in mind the object of enactment of electricity act, 2003 and the necessity of subsequent amendment by introduction of the electricity (amendment) act, 2007 (no ..... submissions made by the learned advocates of both 'sides and perused the decisions cited in connection with the case including the electricity act, 2003 which was subsequently amended by the electricity (amendment) act, 2007 (no .....

Ajoy Kumar Ghosh Vs. the State of West Bengal and anr.

Court : Kolkata

Reported in : (2008)3CALLT97(HC),2008(1)CHN148,2008CriLJ276

..... however, during the pendency of this criminal revisional application, in which the taking cognizance of commission of an offence punishable under the electricity act, 2003 on a charge-sheet by a court of judicial magistrate is under challeng the electricity (amendment) act, 2007 came into force with effect from june 15, 2007, an act further to amend the electricity act, 2003.10. ..... the electricity act, 2003.by such amendment the following provisos have been inserted in section 151 of the principal act.provided that the court may also take cognizance of an offence punishable under this act upon a report of a police officer filed under section 173 of the code of criminal procedure, 1973.provided further that a special court constituted under section 153 shall be competent to take cognizance of an offence without the accused being committed to it for trial.the electricity (amendment) act, 2007 further ..... the section 151-a and the section 151-b of the electricity (amendment) act, 2007 runs as follows:section 151-a:for the purpose of investigation of an offence punishable under this act the police officer shall have all the powers as provided in chapter xii of the code of criminal procedure, 1973.section 151-b:notwithstanding anything contained in the code of criminal procedure, 1973 an offence punishable under section .....

Ashish Kumar JaIn Vs. the State of Jharkhand and Manoj Kumar Pandey

Court : Jharkhand

Reported in : 2010CriLJ271

..... it appears that principal indian electricity act, 2003 amended by electricity (amendment) act, 2007 and apart from other amendments section 151 of the act was also amended for the following object & reason:as per the provisions contained in section 151 of the act, the offences relating to the theft of electricity, electric lines and interference with meters are cognizable offences. ..... section 15 of electricity (amendment) act 2007, by which section 151 of principal electricity act, 2003 has been amended runs as follow:15. ..... now the point for consideration is that the provisions of electricity (amendment) act, 2007, which came into force w.e.f. ..... in view of the discussion made above, i find that insertion of first proviso in section 151 of the electricity act, 2003, by amending act 2007 is procedural in nature and therefore will apply retrospectively to all pending cases. ..... mittal, learned counsel for the petitioner, that prior to amendment of section 151 of the indian electricity act, 2003 the court have no power to take cognizance of offence committed under indian electricity act, 2003 on the basis of police report submitted before it under section 173 of the code of criminal procedure. ..... it is further submitted that even assuming, not admitting, that the amendment made in section 151 of the electricity act 2003 will apply prospectively then also there is no illegality in institution of present fir. .....

Prantosh Das Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : 2008(2)CHN351

..... leads to the question whether electricity (amendment) act, 2007 amending section 151 of the principal act shall have prospective or retrospective ..... needless to add that the amendment to section 151 of the act, which came into force by the electricity (amendment) act, 2007 relates to procedural matter about taking of cognizance and whether such procedural matters will be prospective or retrospective is the main issue to be ..... 2007 is the electricity (amendment) act, 2007 and the amending act came into force with effect from 29th may, 2007. ..... i have already pointed out that by the amending act of 2007 the procedure as to taking cognizance on police report submitted under section 173 of the code of criminal procedure was effected and, as such, it is absolutely clear that procedure as to taking cognizance in addition to taking cognizance on petition of ..... arise as sought to be argued by learned advocate for the petitioner that so far as the present case is concerned, fir was registered on 15.2.2007 and as the amendment came into force on and from 29th may, 2007, the subsequent amendment cannot cure the legal defect as because on the date the fir was lodged by opposite party no. ..... the insertion of the word in section 151b of the amending act that the offence punishable under section 135 to section 140 or section 150 shall be cognizable and non-bailable, gives clear indication about the power of the police to ..... 2007 under section 135(1)(a) of electricity act, 2003 (hereinafter called the act .....

Md. Nurul Huda Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(3)CHN817

..... the electricity act, 2003 by the electricity (amendment) act, 2007, whereby the court has been empowered to take cognizance of offences punishable under the electricity act also on a report submitted by a police officer under section 173 of the code of criminal procedure, being purely procedural in nature which has just altered the form of procedure and further such amending act being a curative and declaratory statute shall operate retrospectively as such all orders of taking cognizance of offences punishable under the said act on ..... pendency of the instant criminal revisional application the electricity (amendment) act, 2007 came into force with effect from june 15, 2007, an act further to amend the electricity act, 2003.7. ..... electricity (amendment) act, 2007 amongst other amended section 151 of the principal act ..... instant case it must be held that the impugned chargesheet on which court took cognizance of an offence punishable under the electricity act, even though filed before the amendment act came into force, was filed validly and the court took cognizance lawfully.10. ..... the electricity act, 2003.by such amendment the following provisos have been inserted in section 151 of the principal act.provided that court may also take cognizance of an offence punishable under this act upon a report of a police officer filed under section 173 of the code of criminal procedure, 1973.provided further that a special court constituted under section 153 shall be competent to take cognizance of an .....

Laxmi Business and Cement Co. (P) Ltd. Vs. Jharkhand State Electricity ...

Court : Jharkhand

Reported in : 2009(57)BLJR1420; [2009(2)JCR401(Jhr)]

..... it is further relevant to clarify that under the electricity amendment act, 2007 section 135(1-a) has been substituted/included in the electricity act, 2003 which is quoted as under along with the relevant proviso:(1-a) without prejudice to the provisions of this act, the licensee or supplier, as the case may be, may, upon detection of such theft of electricity, immediately disconnect the supply of electricity:provided that only such officer of the licensee or supplier, as authorized for the purpose by the appropriate commission or any other officer of the ..... commission of such offence in police station having jurisdiction within twenty-four hours from the time of such disconnection:provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, restore the supply line ..... for a declaration that until such time the electricity board gets the meter tested under the provision of clause 13.4 of electric supply code, regulations 2005, the licensee cannot proceed under section 126 of the electricity act, 2003 in raising penal bill, until such time the provision of clause 13.4 of the electric supply code are strictly complied with by the licensee.d. .....

Chhattisgarh State Electricity Board and Etc. Vs. Vishal Agrawal and o ...

Court : Chhattisgarh

Reported in : AIR2008Chh57

..... (6) the cognizance of the offence under the act shall not in any way prejudice the actions under the provisions of the indian penal code.the principal electricity act, 2003 was further amended by the electricity (amendment) act, 2007 and apart from other amendments section 151 of the principal act was also amended and provisos in sections 151, 151-a, and 151-b were inserted. ..... in any case, the parliament in the statement of objects and reasons for enacting the electricity (amendment) act, 2007 has clearly stated that the offences relating to theft of electricity, electric lines and interference with meters are cognizable offences and considering the concerns expressed on account of present formulation of section 151 that it stands as a barrier to investigation of these cognizable offences by the police, amendment to section 151 was proposed to clarify the position that the police would be able to investigate the ..... it was vehemently argued by learned counsel for the accused persons that the electricity (amendment) act, 2007 came into force from 15th june, 2007 and taking cognizance of an offence by a court is a judicial function; therefore, subsequent amendment in the act would not have retrospective effect.41. ..... (iii) whether the provisions of electricity (amendment) act, 2007, which came into force w.e.f. ..... it is further argued that in the meanwhile electricity (amendment) act, 2007 came into force w.e.f. ..... - (1) this act may be called the electricity (amendment) act, 2007. .....

M/S. Mohit Paper Mills Ltd. and Another Pvvnl and Others

Court : Allahabad

..... as per the provisions of the act and in accordance with the order dated 8.6.2005 of ministry of power under electricity rules 2005 issued under power to remove difficulties and electricity (amendment) act 2007, the procedure in clause 8.1 above and as provided herein, does not absolve the authorized officer of the licensee or supplier, from lodging the complaint in a police station within 24 hours from the time of disconnection and filing a ..... earlier there was no obligation on the licensee to initiate criminal proceedings when a person is found indulged in theft of electrical energy but the amendment made by act 26 of 2007 second proviso to sub-section (1) of section 135 has made the lodging of report to police within 24 hours from the time of disconnection mandatory. ..... actually there was a major amendment in act, 2003 with effect from 15.6.2007 and consequential changes in code, 2005 as well. ..... the amendment was made by act 26 of 2007 with effect from 15.06.2007. 56. ..... the apparent changes made by amendment in 2007 in section 135 are: (a) the cases of theft of electrical energy are widened by extending to a case of use of electricity for the purpose other than authorised one. ..... this is an extension of earlier provisions namely (a) to (d) constituting theft of electrical energy and has been inserted in section 135 vide amendment made with effect from 15.6.2007. .....

Kerala High Tension and Extra High Tension Industrial Electricity Cons ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... 61(g) the tariff progressively reflects the cost of supply of electricity and also, reduces and eliminates cross subsidies within the period to be specified by the appropriate commission was replaced by the tariff progressively reflects the cost of supply of electricity and also reduces cross subsidies in the manner specified by the appropriate commission by an amendment under electricity (amendment) act, 2007 w.e.f. ..... not the intent of the act after the amendment in the year 2007 (act 26 of 2007) that the tariff should be the mirror image of the cost of supply of electricity to a category of consumer ..... . the findings of the tribunal in the various cases are summarized as under keeping in view the amendment made in the electricity act, 2003 in the year 2007: i) the pooled power purchase cost from all sources of supply to the distribution licensee has to be used for determination of cost of supply instead of using different costs of various power supply ..... tribunal in siel judgment rendered prior to the 2007 amendment regarding gradual reduction of cross subsidy with a view to eliminatethe cross subsidy will not be applicable after amendment of the act in 2007. ..... one pertinent point which is required to be considered by us is that after the siel judgment, section 61(g) has been amended w.e.from 15.6.2007 to the extent that the wordings and also reduces and eliminates cross subsidies within the period to be specified by the appropriate commission have been substituted by the wordings and .....