Court : Kolkata
Reported in : 2006(1)CHN672
..... such cases, shall stand transferred to such special court. in view of the provisions of sections 39p and 39g of the indian electricity (west bengal amendment) act, the offences under the electricity act are to be tried by special court and all the cases pending before any court shall stand transferred to special court. even ..... said notification envisages that all the judges of the special courts are empowered to try all offences under the indian electricity (west bengal amendment) act, 2001 also in terms of section 153 of the electricity act, 2003. the said notification runs as follows:the governor has been pleased to accord sanction to the retention of ..... of each district in west bengal including the 1st special court, calcutta to try offences exclusively under the indian electricity (west bengal amendment) act, 2001 as well as in terms of section 153 of the electricity act, 2003 (36 of 2003) having territorial jurisdiction for the entire district.4. this issues with the occurrence of .....
Tag this Judgment!Court : Kolkata
Reported in : [1983]53CompCas597(Cal)
..... the amount payable to the company (in liquidation) is to be made or ascertained according to the provisions of section 7a of the indian electricity act, 1910, read with the u.p. electricity (amendment & validation) acts, 1974 and 1975. 6. mr. s.b. mukherjee, appearing with mrs. u.b. mukherjee, for the petitioner, submitted, after taking ..... depends on the interpretation of the word ' undertaking ' within the indian electricity act, 1910, and also the u.p. (amendment) acts, 1974 and 1975, as it is an admitted position that no amount payable according to the said electricity act and the u.p. (amendment) act has yet been quantified or fixed or ascertained by the. special officer appointed ..... that the amount payable to the company (in liquidation) has not yet been fixed by the special officer under the u.p. electricity (amendment & validation) act, 1975, read with the amendment act, 1974. 5. now, the whole question in this application is whether the board is liable to pay the said arrears of .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN1040
..... 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. 26 of 2007) and the documents annexed with the application. before i proceed to 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. 26 of 2007). in the instant case, chargesheet was submitted by police after completion of investigation under section 173 of ..... petitioner have no manner of application in the present case. 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 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal74,86CWN43
..... :'6 (1). where a licence has been granted to any person, not being a local authority, the state electricity board shall,-- (a) in the case of a licence granted before the commencement of the indian electricity (amendment) act, 1959, on the expiration of each such period at is specified in the licence; and (b) in the ..... case of a licence granted on of after the commencement of the said act, on the expiration of such period not exceeding twenty years and ..... added, namely:-- '(6). where a notice exercising option of purchasing the undertaking has been served upon the licensee before the comencement of the indian electricity (bihar amendment) act, 1974 (bihar act xv of 1975) and the undertaking has been purchased thereafter the amount payable to the licensee on account of the purchase of the undertaking shall .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)3CALLT97(HC),2008(1)CHN148,2008CriLJ276
..... 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 (amendment) act, 2007 amongst other amended section 151 of the principal act i.e. 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 .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN351
..... basis of police report submitted under section 173 of the code of criminal procedure.17. this leads to the question whether electricity (amendment) act, 2007 amending section 151 of the principal act shall have prospective or retrospective effect.18. it is contended by the learned advocate appearing for the opposite party no. 2 ..... trial.9. act no. 26 of 2007 is the electricity (amendment) act, 2007 and the amending act came into force with effect from 29th may, 2007. for the purpose of present discussion, section 15 of the amending act provides amendment to section 151 of the act, which is reproduced below:15. in section 151 of the principal act, the following provisos ..... officer filed under section 173 of the code of criminal procedure.20. 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 .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)3CALLT16(HC),2002(2)CHN649
..... this court reported in (200l)3 cal lt 292. 10. mr. maharaja sinha (now justice sinha) contends that in view of the insertion of section 49b in the electric (supply) west bengal amendment act, 1994, during pendency of the writ petition, the writ petitioner is obliged to pay the outstanding dues of the respondent no. 6. he contends that court should take judicial ..... writ petitioner, separate supply line or for that matter resumption of old electric connection, is not possible. 7. during pendency of the writ petition there is an amendment of the law relating to electric supply by the west bengal state legislative assembly by and under the electricity (supply) west bengal amendment act, 1994. the said amendment has taken effect on and from 20th april, 1995, by the .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT486(HC)
..... appearing on behalf of the petitioner submits that after the amendment of section 151 of the electricity act in the year 2007, court may also take cognizance of an offence punishable under the act upon report of a police officer filed under section 173 of the code of criminal procedure, 1973. it is contended that such amending act being a procedural law, would be retrospective in effect ..... that the amendment of electricity act in 2007 clearly indicates that it came into force w.e.f. 15.06.2007. while submitting on the remedial statute, it is contended by the learned counsel for the o.p. no. 2 that the amendment of section 151 of the electricity act will not be retrospective, in as much as, a specific date has been mentioned in the amending act itself and .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(4)CHN206
..... clear that the learned judge, special court, calcutta is very much empowered to try all offences under the indian electricity (w.b. amendment) act, 2001 as also in terms of section 153 of the electricity act, 2003. said notification is as follows :'government of west bengal judicial departmentnotification ------------no. 685-j/x dated, ..... the offences under the indian electricity act was given to the special court by section 39g of the indian electricity (w. b. amendment) act, 2001 and such court is empowered to try all offences under the indian electricity act, 1910 as amended by indian electricity (w.b. amendment) act, 2001 as also offences under the new act of 2003.11. learned ..... know, there was 1st special court in calcutta and it was empowered to try the offences exclusively under indian electricity (w.b. amendment) act, 2001 as well as under section 153 of the electricity act, 2003 and there was also a government notification in that regard.4. after hearing the learned advocates of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1980Cal222,84CWN35
..... section 6(1); where a license has been granted to any person, not being a local authority, the state electricity board shall,-- (a) in the case of a license granted before the commencement of the indian electricity (amendment)' act, 1959, on the expiration of each such period as is specified in the license; and (b) in ..... the case of a license granted on or after the commencement of the said act, on the expiration of such period not exceeding twenty years and ..... namely :-- '(6) where a notice exercising the option of purchasing the undertaking has been served upon the licensee before the commencment of the indian electricity (bihar amendment) act, 1974 (bihar act xv of 1975) and the undertaking has been purchased thereafter, the amount payable to the licensee on account of the purchase of the undertaking shall .....
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