Court : Supreme Court of India
Reported in : [2004(3)JCR187(SC)]; JT2003(Suppl2)SC376; (2004)2MLJ1(SC); 2003(8)SCALE758; (2004)1SCC195; 2004(1)LC308(SC)
..... ors. ) and : (2004)1scc195 (bses ltd. and ors. v. the tata power company) which had been preferred under section 27 of the electricity regulatory commissions act, 1998 (hereinafter called 'the act') challenging the order dated 7.12.2001 of maharashtra electricity regulatory commission (for short 'the commission').2. the tata power company ltd. (for short 'tpc') is a generating company within the meaning of sub-section 4a of section ..... substance. the legal position has undergone a complete change with the enforcement of the electricity regulatory commissions act, 1998. in view of section 29 of the act, the tariff for intra-state transmission of electricity and tariff for supply of electricity in wholesale, bulk or retail has to be determined by the electricity regulatory commission of the state and a licensee cannot by its unilateral action enhance the charges. the .....
Tag this Judgment!Court : Chennai
Reported in : 2009LC(MAD)782
..... act applicable is the electricity act, 2003. the offences mentioned in part xiv of the electricity act, 2003 have to be tried only by the special court ..... judgment in criminal appeal no. 99 of 2002.13. it is an admitted fact that the electricity act, 2003 has come into force on 10.06.2003 and as per section 185 of the said act, 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the electricity (supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998 (14 of 1998) are repealed. therefore, from 10.06.2003 the only .....
Tag this Judgment!Court : Chennai
Reported in : 2003(4)CTC385; (2003)3MLJ672
..... was brought to the notice of the court by the counsel that the indian electricity act, 1910 (act 19/1910), the electricity supply act, 1948 (act 15/1948) and the electricity regulatory commissions act, 1998 (act 14/1998) have been repealed by the electricity act 36 of 2003. the new act provides for an appellate tribunal against the orders of the electricity regulatory commissions. the submission is that the provision for an appeal to the high court ..... the above appeals are filed under section 27 of the electricity regulatory commissions act, 1998 (act 14 of 1998).2. the appellants, as consumers of electricity, have preferred the appeals aggrieved by the tariff order of the tamil nadu electricity regulatory commission dated 15.3.2003, fixing fresh tariff in respect of commercial and high tension consumers of electricity. 3. the electricity regulatory commissions act 1998 (act 14 of 1998), hereinafter referred to as the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2003Bom398; 2003(5)BomCR206; 2003(3)MhLj84
..... appeals under section 27 of the electricity regulatory commissions act, 1998, hereinafter called the 'erc act', raise common issues of law and are being disposed of by this common judgment. the common issues relate to the jurisdiction of the maharashtra electricity regulatory commission (merc) to issue directions relating to the terms and conditions for supply of electricity energy fixed by the maharashtra state electricity board (mseb) and to the mseb ..... supply, schedule of service and miscellaneous charges etc. 7. the erc act was brought into force on 25th april, 1998. the object of erc act can be seen from the preamble of the act which reads as under : 'an act to provide for the establishment of a central electricity regulatory commission and state electricity regulatory commissions, rationalisation of electricity tariff, transparent policies regarding subsidies, promotion of efficient and environmentally benign policies .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009AIRSCW2458; 2009LC(SC)1; JT2009(5)SC162; 2009(3)SCALE849; (2009)11SCC244; 2009(3)LC1474(SC)
..... substance. the legal position has undergone a complete change with the enforcement of the electricity regulatory commissions act, 1998. in view of section 29 of the act, the tariff for intra-state transmission of electricity and tariff for supply of electricity in wholesale, bulk or retail has to be determined by the electricity regulatory commission of the state and a licensee cannot by its unilateral action enhance the charges. the ..... in exercise of the powers conferred upon it by sections 49, 59 and clause (j) of section 79 of the 1948 act.3. the parliament enacted electricity regulatory commissions act, 1998 (for short 1998 act) which received the assent of the president of india on or about 2nd july, 1998. it was, however, deemed to have come into force with effect from 25th april, 1998. .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2008Jhar60; 2008(56)BLJR412; [2008(1)JCR580(Jhr)]
..... sub-section (2) of section 185, which deals with repeal and saving.8. the aforesaid act 2003 recognizes the state electricity regulatory commission constituted under the electricity regulatory commission act, 1998.9. in exercise of powers conferred by section 181 of the electricity act, 2003, the jserc framed tariff regulations, namely, 'jharkhand state electricity regulatory commission (tariff) regulations, 2003'. the jserc in its power determined the new tariff to be applicable ..... transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of central electricity authority, regulatory commissions and establishment of appellate tribunal and for matters connected therewith or incidental thereto.7. the said act repealed the indian electricity act, 1910, the electricity (supply) act, 1948 and the; electricity regulatory commission act, 1998. however, the said act has saved some of the actions taken or purported to have been done, not .....
Tag this Judgment!Court : Kerala
Reported in : 2005(1)KLT406
..... . ext.p8 is a demand notice cum disconnection notice issued under section 24(1) of the indian electricity act, 1910. indian electricity act, 1910 had already been repealed by the electricity act, 2003. electricity act, 2003 has also repealed the electricity (supply) act, 1948 as well as electricity regulatory commissions act, 1998. section 185 of the electricity act, 2003 is the repeal and saving clause. section 185(2) is the saving clause. contention was raised that ..... the regulations relating to conditions of supply of electrical energy framed by the kerala state electricity board in exercise of the powers .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP189
..... 33 kv line at his costs. this notification was challenged before the regulatory commission alleging therein that after constitution of the commission under the electricity regulatory commission act, 1998 {hereinafter referred to as the 'act of 1998') no tariff can be levied by the electricity board. the circular dated 30-1-1999 is without jurisdiction. the commission has held that the circular issued by the board is without jurisdiction and ..... against the public interest. the commission has also considered the need of the board .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD405; 2003(5)ALT408
..... said industrial zone or area. 12. now it is on record that while the parliament passed electricity regulatory commissions act, 1998 and the state legislature passed electricity reforms act simultaneously. for brevity they are referred as 'central act' and 'state act' respectively. 13. the central act contemplated establishment of central electricity regulatory commission at the central level and the state electricity regulatory commission at the state level duly specifying the functions of each of the ..... hereunder: 'in the light of the foregoing discussion, we hold that the central enactment clearly speaks of determination of tariff for using transmission facilities by the state commission to be constituted under central electricity regulatory commission act by providing necessary guidelines for fixation of charges for wheeling the energy generated by the generating companies through the transmission lines of the licensee. a vague and a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD217; 2000(6)ALT1
..... initiatives noticed above and in furtherance thereof, enacted the electricity regulatory commission act, 1998, the said act provided for the establishment of central electricity regulatory commission and provided for its powers and functions. the said act also enabled the state governments to establish, by notification, state electricity regulatory commissions and provided for their powers and functions. the act also provided for the rationalisation of electricity tariff, transparent policies regarding subsidies, promotion of efficient and ..... .44. sri k.g. kannabhiran, learned senior counsel who argued the case on behalf of the petitioners in wp no. 11645 of 2000 contended that the electricity regulatory commission act, 1998 enacted by parliament and the reform act enacted by the andhra pradesh state legislature trace their power to legislate to entry 38 of the list iii (concurrent list), and that the field of law .....
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