Court : Chennai
Reported in : (2008)1MLJ844
..... incorporated into act 12 of 2003, 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 ..... under the old act from payment of tax, the same is not taken away by the advent of new law, with reference to entry no. 53 of list ii of the constitution of india.5. while admitting that a new act has been enacted in tamil nadu act 38 of 2007, viz., tamil nadu tax on consumption or sale of electricity (amendment) act, 2007, by which amendments have been .....
Tag this Judgment!Court : Chennai
..... of an independent category apart from the existing two categories namely such other circumstances arising in public interest . the amendment was allowed and it became part of the section. the subsequent amendment to section 6 of the act makes the intention clear. by the electricity (amendment) act, 2007 the old section 6 is substituted by new section 6 which provides that the concerned state government and the ..... central government shall jointly endeavour of provide access to electricity to all areas including villages and hamlets through rural electricity infrastructure and electrification of households. 63 .....
Tag this Judgment!Court : Delhi
..... accepted and what amount needs to be quantified to augment the fund.32. the proposed amendments seek to expand upon the somewhat brief pleadings in the writ petition to bring out that after the delhi electric reforms act, 2000 and the delhi electricity reforms (transfer scheme) rules, 2001 were promulgated, as a first step of privatization, the ..... open to the writ petitioner to rely upon the decisions reported as (2008) 13 scc213kusumam hotels pvt. ltd. vs. kerela state electricity board and (2007) 5 scc447southern petrochemical industries co. ltd. vs. electricity inspector& etio wherein it was held that statutory dues are not subject to the law of limitation for recovery. it would be open ..... . the proposed to be inserted paragraph 19a is to make further pleadings with respect to the actuarial valuations as per the report dated september 13, 2007 in respect of which pleadings have been made in the existing paragraph 17 of the writ petition.24. in the proposed to be inserted paragraph 24a to .....
Tag this Judgment!Court : Delhi
..... accepted and what amount needs to be quantified to augment the fund.32. the proposed amendments seek to expand upon the somewhat brief pleadings in the writ petition to bring out that after the delhi electric reforms act, 2000 and the delhi electricity reforms (transfer scheme) rules, 2001 were promulgated, as a first step of privatization, the ..... open to the writ petitioner to rely upon the decisions reported as (2008) 13 scc213kusumam hotels pvt. ltd. vs. kerela state electricity board and (2007) 5 scc447southern petrochemical industries co. ltd. vs. electricity inspector& etio wherein it was held that statutory dues are not subject to the law of limitation for recovery. it would be open ..... . the proposed to be inserted paragraph 19a is to make further pleadings with respect to the actuarial valuations as per the report dated september 13, 2007 in respect of which pleadings have been made in the existing paragraph 17 of the writ petition.24. in the proposed to be inserted paragraph 24a to .....
Tag this Judgment!Court : Delhi
..... accepted and what amount needs to be quantified to augment the fund.32. the proposed amendments seek to expand upon the somewhat brief pleadings in the writ petition to bring out that after the delhi electric reforms act, 2000 and the delhi electricity reforms (transfer scheme) rules, 2001 were promulgated, as a first step of privatization, the ..... open to the writ petitioner to rely upon the decisions reported as (2008) 13 scc213kusumam hotels pvt. ltd. vs. kerela state electricity board and (2007) 5 scc447southern petrochemical industries co. ltd. vs. electricity inspector& etio wherein it was held that statutory dues are not subject to the law of limitation for recovery. it would be open ..... . the proposed to be inserted paragraph 19a is to make further pleadings with respect to the actuarial valuations as per the report dated september 13, 2007 in respect of which pleadings have been made in the existing paragraph 17 of the writ petition.24. in the proposed to be inserted paragraph 24a to .....
Tag this Judgment!Court : Kolkata
..... of section 185(2)(a) of the electricity act, 2003, the provision of section 127 of the electricity act, 2003 is squarely applicable in the present case of the appellant/writ ..... clearly contrary to and inconsistent with the provisions of section 127(2) of the electricity act, 2003 in so far as it relates to entertainability of appeal only upon payment of 1/3rd of the assessed amount (subsequently, by way of amendment act of 2007, made half of the assessed amount), and therefore, in view of the provisions ..... of assessment made under section 126 of the said act. section 127(2) of the electricity act, 2003 provides that no appeal against an order of assessment shall be entertained unless an amount peal equal to 1/3rd of the assessed amount is deposited. subsequently, by the amendment act of 2007, "1/3rd of the assessed amount" has been .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... will be eligible for setting up of wtgs, either for captive use and/or selling the energy, in accordance with the electricity act 2003, as amended from time to time. explanation : the use of electricity for own consumption at his end use location/s by the owner of wtgs shall be considered as captive use. 5. wheeling ..... brought to its notice during proceedings and appellant had agreed to be covered by amended policy? v. whether government of gujarats amendment to 2007 policy date 7.1.2009 fixing wheeling charges for captive wind energy generators is legally tenable in terms of electricity act 2003. 22. we shall now deal with each question one by one. ..... contained in this resolution, the provisions of the electricity act 2003 and the gerc regulations, as issued from time to time, shall prevail, for the purpose of the implementation of this policy. thus the arrangement of wheeling power from appellants wind energy generators as per amendment to 2007 policy and commissions order dated 6.5. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... . v. after enactment of electricity act 2003, the state commissions are entrusted with the exclusive jurisdiction to determine tariff under ..... dated 11.8.2006. the policy itself contemplated that electricity act 2003 and the state commissions order shall prevail for the purpose of implementation of the policy. iv. wind power policy (first amendment) 2007, dated 7.1.2009 amended the tariff determined by the state commission. the said amendment is against the provisions of the electricity act 2003 and the state commissions statutory orders and regulations .....
Tag this Judgment!Court : Chennai
Reported in : (2008)4MLJ546
..... constituted, that the reference made about the regulation no. 23(aa)(15) of the tamil nadu electricity supply code is not proper since the same was amended by the tamil nadu electricity supply (amendment) act, 2007 with effect from 13.6.2007 and regulation 23(aa) was introduced setting out the procedure and the said procedure is prospective in nature ..... whereas the impugned order relates to an inspection which was conducted on 23.5.2006 before the amendment, that the second ..... enable the framing of any rule by giving retrospective effect from 1.9.2004.8. it is further relevant to note that by act 26/07 by virtue of amendment to section 154(5) of the electricity act, 2003, the word, 'may' has been substituted by the word, 'shall' by which it is made clear as follows .....
Tag this Judgment!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 .....
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