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Judgment Search Results Home > Cases Phrase: electricity amendment act 2007 Court: allahabad Page 1 of about 1,310 results (0.050 seconds)

Oct 14 2011 (HC)

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. .....

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Oct 19 2011 (HC)

M/S. Modern Rice Mill Vs. Mvvnl and Another

Court : Allahabad

..... was amended by act 26 of 2007 with effect from 15.6.2007, prior ..... information report against the petitioner, but as a matter of fact, no such report was lodged; (b) though the assessment has been made on the allegation of detection of theft of electrical energy, but the procedure prescribed in section 126 read with para 6.8 of code 2005 has been followed and not that of para 8.2 of code 2005. 21. ..... the date of disconnection pursuant to checking made on 14.10.2005 petitioner's connection was reconnected at any later point of time, for the period the electricity supply had remained connected, the petitioner must have paid dues in order to entitle him for the benefit of direction with regard to reconnection. ..... (ii), (iv) and (v) shows that it presupposes an inspection of the premises to be made by the assessing officer and if he finds evidence of irregularities constituting unauthorised use of electricity at the premises, shall prepare a report at the site, giving details thereof, and, would handover the copy of such report to the consumer or his representative at the ..... (iv) if the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place (as defined under explanation to section 126 of the electricity act, 2003), it shall be presumed that such unauthorized use of electricity was continuing for a period of three months immediately preceding the date of inspection in case of domestic and agricultural services and for a period of six months immediately .....

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Dec 12 2007 (HC)

Maa Vind Vasini Industries (a Partnership Concern Registered Under the ...

Court : Allahabad

Reported in : 2008(1)AWC1002

..... he lastly contended that uperc specifically adviced the state government to modify government order dated 14.06.2006 so that further action may be taken but admittedly, no order was passed by the state government amending government order dated 14.06.2006 in the financial year 2006-07 and, therefore, the chief engineer (commercial), uppcl has acted wholly without jurisdiction by writing letter dated 24.02.2007 directing the authorities of respondent no. ..... terms and conditions for the determination of the revenue and tariffs and, in doing so, the commission shall he guided by the following, namely:(a) the financial principles and their application provided in sections 46, 57 and 57-a of the electricity (supply) act, 1948 and in the sixth schedule thereto;(b) the factors which would encourage efficiency, economical use of the resources, good performance, optimum investments, observance of the conditions of the licence and other matters which the ..... provided in sub-section (2), the mention of particular matters in that section, shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 (10 of 1897), with regard to the effect of repeals.this clause seeks to repeal the indian electricity act, 1910 (9 of 1910), the electricity (supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998 ( 14 of 1998) and save certain matters specified in that clause.the scheduleenactments(see sub-section (3) of section 185)1. .....

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Aug 08 1972 (HC)

State of Uttar Pradesh Vs. the Benaras Electric Light and Power Co. Lt ...

Court : Allahabad

Reported in : AIR1973All74

..... the learned single judge held that section 3 of the temporary act of 1947 stood impliedly repealed by the electricity supply act, 1948, after its amendment by the act 101 of 1956; and that section 3 beforesaid was also impliedly repealed by section 22e of the electricity act, 1910, as amended by act 32 of 1959. ..... 54 of 1948 this act was passed for the rationalization of production and supply of electricity and for electrical development the supply act was amended by parliament by the electricity supply (amendment) act no. ..... the learned single judge held that section 3 of the temporary act of 1947 was repugnant to section 22b, as introduced in the electricity act, 1910, by the amending act of 1959. ..... the question is if these various amending acts were a re-enactment of the provisions of the temporary act of 1947, so that they could be recognised as a law made on the subject of electricity subsequent in point of time to the parliament acts nos. ..... in this view, tide provisions of the 1947 act which arc repugnant to the provisions of the amending acts of 1956 and 1959, will not prevail in the state; on the contrary, they will be deemed impliedly repealed.19. ..... the central competing acts are amending acts nos. ..... 101 of 1956, and with section 22b of the indian electricity act, 1910, as amended by the central act no. ..... 32 of 1959, the central legislature amended the indian electricity act, 1910. ..... this amending act introduced sections 57 and 57a and 6th and 7th schedules to the supply act. .....

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Mar 28 1974 (HC)

The Mirzapur Electric Supply Company Limited Vs. the State of Uttar Pr ...

Court : Allahabad

Reported in : AIR1975All29

..... amendment) act, 1972, which introduced section 47-a in the electricity (supply) act, 1948, is repugnant to the provisions of the electricity (supply) act, 1948, and is, therefore, void on account of the provisions of article 254 of the constitution ..... the uttar pradesh legislature enacted the electricity (supply) (uttar pradesh amendment) act, 1972, whereby it introduced the following section 47-a in the electricity (supply) act, 1948:--'47-a. ..... amendment act and the electricity (supply) act, 1943, the u.p ..... amendment act and the electricity (supply) act, 1948 ..... amendment act confers a naked and arbitrary power to demand security upon the state electricity board without laving down any guideline and as such offends article 14 of the ..... amendment act is void for repugnancy with the central act must fail ..... amendment act is a later act and has received the assent of the ..... amendment act will prevail over the central act ..... amendment act was repugnant to the central act ..... amendment act sought to meet, was the non-payment for the supply by the ..... is with this end in view that the electricity (supply) (uttar pradesh amendment) bill, 1972, is being introduced. ..... amendment act ..... amendment act will ..... amendment act of 1972 was also enacted under entry ..... had obtained a licence under the indian electricity act, 1910, for generating and dis-distribution of electrical energy and the licence is still continuing and this company is generating its own power and is also purchasing electrical energy in bulk from the board. .....

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Oct 14 1999 (HC)

Geeta Pump (Private) Limited Vs. District Judge and ors.

Court : Allahabad

Reported in : AIR2000All58

..... prior to the amendment of section 26(6) of electricity act, the electrical inspector or the competent person specially appointed by the state government in this behalf had a statutory duty to first determine whether the meter in question was defective and thereafter to estimate the quantity of the electricity consumed during such time as the meter in the opinion of the electrical inspector or the competent person shall not have ..... under the statute, the board has the authority to do the same by virtue of clause vi sub-rule (2) of the schedule to the indian electricity act which provides that any service line laid for the purpose of supply in pursuance of a requisition under sub-clause (1) shall, notwithstanding that a portion of it may have been paid for by the person making the ..... consequence, the civil court shall not be justified in entertaining this suit and giving the declaration without directing the party to avail of the remedy provided under the indian electricity act and the indian electricity (supply) act and the instructions issued by the board in that behalf from time to lime as stated above. ..... , the power of checking is also contained in section 20 and 39(3) of the indian electricity act, as amended in u. p. ..... he had also referred to various provisions of the indian electricity act 1910, and the electricity (supply) act, 1948 and various other provisions of law to support his contention that the petitioner was denied its legal entitlement to receive supply in terms of .....

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Mar 31 1994 (HC)

U.P. State Electricity Board and anr. Vs. Radhey Mohan Verma

Court : Allahabad

Reported in : (1996)IIILLJ767All

..... effect, namely:-- (a) every undertaking the licence in respect of 'which stand revoked shall by virtue of this section stand and be deemed to have stood transferred to and vest and be deemed to have vested in the state electricity board', hereinafter in this section called 'the board' free from any debt, mortgage or similar 'obligation of any licence attaching to the undertaking: provided that any such debt, mortgage or similar obligation shall attach to the ..... anything contained in sections 4, 4-a, 5 and 6, the licence of every undertaking, unless revoked before the commencement on the indian electricity (uttarpradesh second amendment) ordinance, 1975, shall stand revoked with effect from the appointed day. ..... 5 and 6 the licence of every undertaking, unless revoked before the commencement of the indian electricity (uttar pradesh second amendment) ordinance, 1975 shall stand revoked with effect from the appointed day. ..... years thereafter, the respondent filed the writ petition placing reliance on section 6a of the act as amended by an u.p. ..... on september 1, 1975, under section 4(1) of the indian electricity act, 1910, for short the act, the licence of the company was revoked under a memorandum of understanding and an agreement reached with the ..... question that arises in this case is whether the respondent is entitled to the relief under section 6-a(3) of the act. ..... act and contended that the respondent was entitled to be taken into service, but was unlawfully prevented from discharging his .....

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May 02 1994 (HC)

Baij Nath Bhattacharya Vs. Labour Court and anr.

Court : Allahabad

Reported in : [1995(70)FLR14]; (1998)IIILLJ206All; (1994)3UPLBEC1842

..... the state act has not been amended and interpretation which has been given to unamended provisions of sections 2(eee) and 25b of the central act (which were pari materia to the provisions of the state act) as they stood prior to amendment act 36/64 was given by apex court in sur enamel and stamping works (p) p ltd. ..... prior to the amendment made in the industrial disputes act, 1947 (hereinafter referred to as the central act) by the industrial disputes (amendment) act, 1964 (act no. ..... prior to its amendment by the 1964 amendment act, section 25b read as under : for the purpose of section 25c and 25f workman who during the period of 12 calendar months had actually worked in an industry for not less than 240 days, shall be deemed to have completed one year of continuous service in the industry.we have already extracted section 25b since its amendment and the change in language is the legislative exposition of which note must be taken. ..... unamended provisions of central act as contained in section 2(eee) and section 25b had been considered by the apex court and it has also considered the provisions of section 25b of the central act as amended by act 36/64 in surendra kumar v. ..... 2 that ratio of the decision of apex court in rohtak and hissar district electricity supply company ltd. ..... the apex court in the case of rohtak and hissar district electric supply co. ..... electric supply co. v. h.n. ..... electric supply co. ..... electricity supply company v. r. k. ..... electric supply company ltd. v. .....

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Sep 15 2006 (HC)

Mustaq Alias Mustafa Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2006(3)AWC3146

..... solicitor general has very fairly submitted that the electricity (amendment) bill, 2005 dated 20.12.2005 has already been prepare'd by the central government proposing necessary amendment in section 151 of the act, 2003. ..... 2005 shall be kept in abeyance and can be made applicable when amendment of the electricity act, 2003 will actually take effect. ..... (4) notwithstanding anything contained in sub-clauses (1), (2) and (3) above, the complaint for taking cognizance of an offence punishable under the act may also be filed by the appropriate government or the appropriate commission or any of their officer authorized by them or a chief electrical inspector or an electrical inspector or an authorized officer of licensee or a generating company, as the case may be directly in the appropriate court. ..... it is therefore, proposed to omit the words 'or is likely to' in clause (a) of subsection (2) of section 135 (in context of power of inspection of premises likely to be used for unauthorized use of electricity) ; to substitute sections 139 and 140 of the act so as to ((i) omit the words 'negligently causes electricity to be wasted or diverted or' in section 139) ; and (ti) omit the words 'maliciously causes electricity to be wasted or diverted' in section 140 which may cause undue harassment.36. .....

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Dec 20 2000 (HC)

Sudhir Kumar Anand and Others Vs. U. P. State Electricity Board, Luckn ...

Court : Allahabad

Reported in : 2001(1)AWC490; (2001)1UPLBEC708

..... jal viddut nigam limited inasmuch as the directions so issued prior to 17.6.1995 were not covered by article 16(4) and the subsequent government orders on the issue are not comprehended by section 78a of the electricity (supply) act, 1948, sub-section (1) of which provides that in the discharge of its functions, the board shall be guided by such directions on question of policy as may be given to it by the state government. ..... now coming to the second point raised by sri ravi kiran jain, it may be pointed out that section 78a of the electricity (supply) act, 1948 provides that in the discharge of its functions, the board shall be guided by such directions on 'questions of policy' as may be given to it ..... 17.6.1995 by virtue of the constitution (seventy seventh amendment) act, 1995 being prospective in operation cannot save sub-section (7) of section 3 of the uttar pradesh public services ( ..... state electricity board services of engineers regulations, 1970 amended vide xxiv (amendment) regulations, 1998 and reservation in favour of scheduled casts/scheduled tribes/ backward classes is provided only in direct recruitment and there is no provision for reservation in respect of posts to be filled by promotion but the directions ..... subsequent government order dated 20.3.1974 as amended by the government order dated 27.12.1974 provides for reservation in favour of scheduled castes/scheduled tribes in posts to be filled by promotion on the criterion of 'seniority subject to rejection .....

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