Court : Jharkhand
Reported in : 2010CriLJ271
..... offence on the basis of police report.8. 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. concerns have been expressed that ..... as to clarify the position that police would be able to investigate the cognizable offences under the act.9. section 15 of electricity (amendment) act 2007, by which section 151 of principal electricity act, 2003 has been amended runs as follow:15. amendment of section 151 -in section 151 of the principal act, the following provisos shall be inserted, namely:provided that the court, may also take cognizance of an .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR1420; [2009(2)JCR401(Jhr)]
..... the respondent is violative of section 126(1) and 126(6) of the electricity act, 2003 appears to be erroneous. 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 ..... equal to twice the tariff applicable. under section 127 a statutory appeal is provided against a final order/assessment made under section 126 of the electricity act, 2003.6. i have clarified the aforesaid statutory provisions for the sole reason that in the instant case the matter is at the provisional .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR293(Jhr)]
..... has restricted/deprived the petitioners from using it at their choice. but such restriction/deprivation is in accordance with law, i.e., the indian telegraph act and the indian electricity act. there is, thus, neither any violation of their right to property as contained in article 300-a of the constitution, nor is their any ..... compensation for such damage or detriment under and in accordance with the indian telegraph act and indian electricity act.ii.(a) there is no fundamental right to property after repeal of articles 19(1)(f) and 31 of the constitution by 44th constitution amendment. now, right to property is only a constitutional right as is contained in ..... v.c. is interfering with the fundamental right of the petitioners.6. their lordships after taking into consideration the various provisions of the indian electricity act as well as indian telegraph act and also regard being had that the right to property no longer remains a fundamental right after repeal of article 19(1)(f) and .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2008Jhar60; 2008(56)BLJR412; [2008(1)JCR580(Jhr)]
..... such sum became first due, in view of the limitation under sub-section (2) of section 56 of the electricity act, 2003. and in most of the cases, the demand for the first time being raised in march, 2007, the amounts, which were due within a period of two years from the said date, only can be recovered. ..... letter dated 25th august, 2006 issued by the jserc amounts to an amendment/revision/re-determination of the tariff order?(ii) whether the demand made by the jseb through the impugned bill(s) is barred under the provisions of section 56(2) of the electricity act, 2003?(iii) whether the petitioner(s) having already priced their end ..... excess consumption of the defined load factor.(xv) the contention of the petitioners that the tariff order 2003-04 has been amended (revised by the jserc) is completely misconceived.(xvi) the highest appellate tribunal for the electricity has decided the issue in the case of ajmer vidyut vitran nigam limited, chittorgarh v. sisodia marble and granites pvt. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR840; [2007(1)JCR598(Jhr)]
..... the supreme court was as to whether the appellant- dvc is liable to pay electricity duty under the bihar electricity duty act, 1948 as amended by the bihar electricity duty (amendment) act, 1963. their lordship took notice of the fact that dvc was established under the damodar valley corporation act, 1948 for the development of damodar valley in the state of bihar and west ..... not applicable. it is profitable to notice that only in this view of the matter, other persons generating electrical energy has also been made liable to pay surcharge by reason of amending act of 1990.18. in the case of bihar alloy steels ltd. v. state of bihar and ors. (supra) the facts of the case was that ..... the petitioner-company is manufacturer of alloys, tools and special steels and it purchases electricity from dvc which is a licensee for the .....
Tag this Judgment!Court : Jharkhand
Reported in : 2012AIR(Jhar)83
..... even after, when the division bench of this court already declared, section 11 of the jharkhand value added tax act, 2005 and the amendment made therein by the act of 2007 ultra vires and unconstitutional as being opposed to article 301 of the constitution of india and are not saved by ..... industrial area to their hinterlands, for providing finance, aids, grants and subsidies to financial, industrial and commercial units; creating infrastructure for supply of electrical energy and water supply to industries, marketing and other commercial complexes and creation, development and maintenance of other infrastructure for the furtherance of trade, ..... areas to their hinterlands, (b) providing finance, aids, grants and subsidies to financial, industrial and commercial units; (c) creating infrastructure for supply of electrical energy and water supply to industries, marketing and other commercial complexes (d) creation, development and maintenance of other infrastructure for the furtherance of trade, .....
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR2182
..... whether he was possessing requisite qualification, experience and eligibility criteria for appointment as member of the board which was the mandatory requirement under section 4 of the electricity (supply) act. 1948. for better appreciation para 15 of the earlier judgment is quoted herein below :--'also, apart from the fact that on the file there is nothing ..... passed order in the file that shri hari bansh lal be made chairman and sri k.p. sinha be made member (generation and transmission). with the above amendment remaining four proposals of energy minister, which includes name of respondent shri s.n. akhauri was approved. however, since file was not moved through the chief secretary ..... of jharkhand in appointing shri s.n. akhauri to the post of member of the board is neither illegal nor in contravention of any provision of the electricity (supply) act nor does it otherwise suffer from any vice of favouritism. this writ application in so far as it relates to the appointment of shri s.n. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR228(Jhr)]
..... policy matter to be implemented by the board. section 78a must be understood to be a special provision relating to the supply of electricity by the statutory board constituted by the act itself. we are, therefore, inclined to think that the principle of generalia specialibus non derogant applies in the circumstance. it is, ..... submitted that once the industrial policy had been notified, the same had to be followed, and since the industrial policy clearly directed that the state electricity board should accept national savings certificates/ fixed deposits towards security, clause 15 in the 1993 tariff could not be invoked by the board to insist on ..... said clause read, 'notwithstanding anything contained in the foregoing paragraph of the industrial policy, the state government by issuance of notification in the official gazette may amend or withdraw any of the provisions and/or schemes mentioned herein above.' in the light of this, once a notification is issued pursuant to the industrial .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(51)BLJR773
..... with reference to any earlier decision that might have led to the introduction of the amendment. here the amendment introduced by circular dated 14-8-1996 is very clear. the domestic rates of tariff are made applicable for consumption of electric energy in common area of a multi stoned building regardless of any qualification that the ..... 1991 tariff was commanicated. at clause 1 (f) of the said letter dated 11th august, 1994, the following amendment was shown :'the rates applicable to domestic category of tariff shall also apply for consumption of electrical energy in 'common area' of a multi-storied building.'4. counsel for the respondents while accepted that the ..... notification dated 23rd june, 1993 was amended, fell for consideration before the patna high court in the case of 'narmada apartment owner's association and ors. v. b. s. e board', reported in 2000 (2) pljr 279, taking into consideration section 49 and 79 (8) of the electricity (supply) act, 1948 and clause-f of notification .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR94(Jhr)]
..... submitted that if amended provision only varies the form of restriction, which was already inherent in the original act, and since the principal act had the sanction of the president, it was not necessary to obtain the sanction of the president for the amending act. reliance was also ..... chips, titles, granite stones, ceramic and glazed tiles.(*)---------------------------------------------------------------------- 12. electrical fittings.(*)---------------------------------------------------------------------- 13. coal(*)---------------------------------------------------------------------- 14. iron and steel(*)---------------------------------------------------------------------- 15. steel plastic and pbc pipe.(*)---------------------------------------------------------------------- 16. bitumen.(*)---------------------------------------------------------------------- note : (*) have been added in the schedule by amending jharkhand tax on entry of goods into local areas for consumption, .....
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