Judgment Search Results Home > Cases Phrase: electricity amendment act 2007 section 11 amendment of section 126 Page 1 of about 57,522 results (0.505 seconds)

Kerala State Electricity Board Vs. Thomas Joseph Alias Thomas M. J.

Court : Supreme Court of India

..... undermining its efficiency, efficacy and even increasing voltage fluctuations.14. the provisions under section 126 of the act, as it stood prior to the amendment by the electricity (amendment) act, 2007 provided for assessment of unauthorised use of electricity one and a half times the tariff applicable for the relevant category of service, for a period of ..... and clause (iv) of explanation (b) to section 126 of the act were amended by the electricity (amendment) act, 2007 with a purpose and object of preventing unauthorised use of electricity not amounting to theft of electricity within the meaning of section 135 of the act, which has to be given its due meaning, which will fit into ..... .2008 employs the term penalty , what is contemplated under the said order is only assessment of unauthorised use of electricity in terms of section 126 of the act, as amended by the electricity (amendment) act, 2007, for the period specified in section 126(5) and at the rate specified in section 126(6) of the .....

B.T.Kokila Vs. the Chairman, Tamilnadu Electricity and ors.

Court : Chennai

..... 126, is the fact that the consumer must be alleged to be guilty of dishonest intention, to be liable to be proceeded under section 135. 6. section 126, after amendment under the electricity (amendment) act, 2007, reads as follows : 126. assessment :- (1) if on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or ..... after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorised use of electricity, he shall provisionally access to the .....

Elikutty Vs. the Assistant Engineer, K.S.E.B.

Court : Kerala

..... amount on or before 04-11-2013. in ext.p8 it is mentioned that it is a penal bill for unauthorised load, issued under section 126 of the electricity act, 2003 (amendment 2007). the petitioner w.p.(c) no.27237/2013 -2- submitted detailed objections against the provisional assessment, as per ext.p10. but apprehending disconnection of supply, ..... ,000/-. the petitioner is also challenging the said demand.2. heard; counsel for the petitioner and standing counsel appearing for the respondent.3. section 126 of the electricity act, 2003 contemplates a comprehensive procedure for finalisation of the assessment. under sub section (1) of section 126, if the assessing officer comes to the conclusion that the ..... had issued demand for payment of compounding fee to the tune of rs.8,000/-. compounding of any offence of 'theft' is contemplated under section 152 of the electricity act, 2003. there again it is an w.p.(c) no.27237/2013 -5- option left to the person against whom such accusation is made, either to .....

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

Court : Allahabad

..... before the special court. 8.2 procedure for taking cognizance in case of theft of electricity: i. 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 ..... impact on the process of assessment. 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 .....

Assistant Engineer, Kseb, Electrical Section, Wayanad and Another Vs. ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

..... electricity act 2003 were in force. the forum below directed the opposite parties to limit the un authorized ..... , at the relevant time the amended sub section (5) and (6) of section 126 of the ..... purpose other than for which the usage of electricity was authorized; or (v) for the premises or areas other than those for which the supply of electricity was authorized. 7. it is also to be noted that sub section (5) and sub section (6) of section 126 of the electricity act, 2003 have been amended by act 26 of 2007 w.e.f.15/6/07. so .....

Sri Swadesh Ghosh Vs. Cesc Limited and ors.

Court : Kolkata

..... was deposited.14. i say one-third because one-third was the amount at the date of filing of the appeal. the electricity act, 2003 has subsequently been amended by act 26 of 2007 replacing one-third with half.15. any absence of stipulation in the conditions of supply regarding predeposit pending appeal would have no ..... be communicated to the petitioner without any delay. the appeal shall be decided by the appellate authority appointed in terms of section 127 of the electricity act, 2003 and according to provisions of the rules existing at the date of deciding the appeal.since the petitioner has expressed his desire to start ..... application, in my opinion, because such conditions of supply are inconsistent with this act. as provided in section 185 of the act, an inconsistent provision of any rule or condition under the old act .....

Bihar Chamber of Commerce Vs. Bihar Electricity Regulatory Commission ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... respect to voltage-wise cost of supply should have been within 20% of the cost of supply at the respective voltage of supply. the legislature by amending section 61(g) of the electricity act by act 26 of 2007 by substituting eliminating cross subsidies has expressed its intent that cross subsidies may not be eliminated. 17. the tariff policy provides that the state commissions have ..... the state commission is estopped from deviating the said principles. none of the rival parties has been able to point out any specific provision of the electricity act, 2003, national electricity policy, national tariff policy and tariff regulations, 2007 and any part of any judgment of this appellate tribunal, which could be said to the contravened. 11.6 the issue regarding voltage-wise cost .....

East Coast Railway Through Chief Electrical Distribution Engineer Vs. ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... cost of supply should have been within 20% of the cost of supply at the respective voltage of supply. the legislature by amending section 61(g) of the electricity act by act 26 of 2007 by substituting eliminating cross subsidies has expressed its intent that cross subsidies may not be eliminated. 17. the tariff policy provides that ..... particular state commission. this tribunal in paragraph no. 79 of the judgment of appeal no. 75 of 2011 observed that section 62(3) of the electricity act does not put restriction on the state commission to differentiate the tariffs on lagging power factor only and to ignore the leading power factor. while exercising such ..... second question for our consideration as to whether directive issued by ministry of power, government of india in 1991 is binding on the state commissions constituted under electricity act, 2003. also whether the appellant is entitled for concessional tariff by virtue of it being a public utility? 18. this question has already been dealt with .....

In the Matter Of: West Central Railway Vs. Rajasthan Electricity Regul ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... of supply should have been within 20% of the cost of supply at the respective voltage of supply. the legislature by amending section 61(g) of the electricity act by act 26 of 2007 by substituting eliminating cross subsidies has expressed its intent that cross subsidies may not be eliminated. 17. the tariff policy ..... determination proceedings before the state commission. by not creating a separate category for railway traction the state commission has not violated any provisions of the electricity act or tariff policy or the tariff regulations. creation of separate category for railway traction in other states is not a sufficient ground for accepting ..... separate consumer category for railway traction. by not creating a separate category for railway traction, the state commission has not violated any provision of the electricity act, or tariff policy or the tariff regulations. admittedly in some other states the state commissions have created a separate category for railway traction. however, .....

Rajashree Cement, a Unit of Grasim Industries Limited, by Its Deputy G ...

Court : Karnataka

Reported in : 2009(2)KarLJ400

..... introduction of uniform rates, an ordinance was promulgated on 23rd june 1959. this ordinance is generally on the lines of the mysore electricity (taxation on consumption) act, 1950 as amended by the mysore electricity (taxation on consumption) amendment act 1957.32. if one were to go by the statement of objects and reasons, it is to bring about a uniform rate ..... corporation ltd. : [2002]3scr278 , decisions of this court in state of karnataka v. hbll and ors. : ilr2005kar1397 , wst coast paper molls ltd v. union of india : 2007(212)elt305(kar) and also the decision of the supreme court in the case of kerala hotel & restaurant association v. state of kerala : [1990]1scr516 .28. it is the ..... wp no. 51265 of 2003] pramod v. kathavi [appearing for the petitioners in wp no. 50822 of 2003, wp no. 42632 of 2004 and wp no. 37421 of 2007], sri sriranga [appearing for petitioner in wp no. 50935 of 2003], sri somashekar [appearing for petitioners in wp nos. 48766, 49622 and 52230 of 2003, 3174, 8985, .....