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Tata Steel Ltd. and ors. Vs. Jharkhand State Electricity Board and ors ...

Court : Jharkhand

Reported in : AIR2008Jhar60; 2008(56)BLJR412; [2008(1)JCR580(Jhr)]

..... after creation of state of jharkhand under the provision of the bihar reorganisation act, 2000, the state government in exercise of its power under the electricity (supply) act, 1948 read with section 62(4) of the bihar reorganisation act, 2000 constituted the jharkhand state electricity board for the state of jharkhand which became functional with effect from 1st april, 2001.29. ..... the said act repealed the indian electricity act, 1910, the electricity (supply) act, 1948 and the; electricity regulatory commission act, 1998. ..... from the date when such sum become first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied, and the licensee shall not cut off the supply of the electricity, notwithstanding anything contained in any other law for the time being in force.67. in the instant case, the electricity supply has not been cut off or disconnected or disrupted on account of non-payment of any charge for electricity or any sum due for ..... (3) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during any specified period or the time at which the supply is required or the geographical position of any area, the nature of supply and the purpose for which the supply is required. .....

Mr Manohar Shetty Vs. The Deputy Commissioner

Court : Karnataka

..... section 185 (1) of the act reads as under: save as otherwise provided in this 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(supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998 (14 of 1998) are hereby repealed. ..... line for the purpose of carrying electricity; section 2 (72): transmission lines means all high pressure cables and overhead lines (not being an essential part of the distribution system of a licensee) transmitting electricity from a generating station to another generating station or a sub-station, together with any step-up and step-down transformers, switch-gear and other works necessary to and used for the control of such cables or overhead lines, and such buildings or part thereof as may be required to accommodate such transformers, switch ..... therefore, there is no conflict between section 174 of the act and the provisions of indian telegraph act, 1885 and in view of notification issued under section 174 of the act, the respondent no.2, which is a transmission utility is entitled to invoke the powers under the indian telegraph act, 1885. ..... it is further submitted that on account of natural wear and tear the work of upgrading of existing line was undertaken. ..... it will be open to the petitioner to claim compensation in case any damage has been caused to his property on account of laying down of transmission lines by respondent 25 no.2. .....

Manoj Rajani Vs. Superintending Engineer, M.P.E.B. and anr.

Court : Madhya Pradesh

Reported in : AIR2006MP100

..... as otherwise provided in this 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 hereby repealed. ..... so far as the question of application of section 26 sub-section (6) of the old act read with section 185 repeal and saving of the new act and section 6 of the general clauses act, this court is of the considered view that in the new act, as per provision under section 185 sub-section (2)(a) in provision of repeal and saving, corresponding provisions of section 26 sub-section (6) of the old act is not available but under section 42 sub-section (5) of the new act every distribution licensee is required to establish a forum for redressal of grievance of the consumers in accordance with the guidelines as may be specified ..... filed the rejoinder dated 12-11-2000 contending that at the time of inspection of the meter and preparation of panchnama as well as in demand notice and other documents it was no where alleged by the respondents against the petitioner for commission of theft of electricity by illegal, fraudulent and dishonest interference contrary to the provisions, rules and regulations of the mpeb with the electric connection and meter and for the first time in return they have alleged this wild and serious allegations.5. ..... is; printed that whether connection was domes-tic or commercial/power used and whether meter body/terminal seal were found broken/found tampered .....

Suresh Jindal Vs. Bses Rajdhani Power Ltd.

Court : Delhi

Reported in : 126(2006)DLT49

..... section 26 of the indian electricity act, 1910 and since the said act was repealed, the meter and billing regulations ceased to exist.b) section 55 of the electricity act, 2003 empowered the central electricity authority to make regulations pertaining to meters and thereforee, no other authority, much less the respondent could determine the specifications of a correct meter.c) the respondent as a transferee under the transfer scheme notified on 20.11.2001 was entitled to exercise the rights and powers of the delhi vidyut board only under the electricity (supply) act, 1948 and not the indian electricity act ..... under sub-section(4) of section 20, while granting a license, derc is empowered to make it a condition of the license that the licensee would comply with the requirements of the indian electricity act, 1910 and the electricity (supply) act, 1948 and the rules framed under the two acts. ..... (2) for proper accounting and audit in the generation, transmission and distribution or trading of electricity, the authority may direct the installation of meters by a generating company or licensee at such stages of generation, transmission or distribution or trading of electricity and at such locations of generation, transmission or distribution or trading, as it may deem necessary. ..... due to mixing of the neutral phase, the return path found by the current servicing the first floor is partly through the return path of the neutral of the ground floor. .....

NabIn Agarwal and anr. Etc. Vs. C.E.S.C. Ltd. and ors.

Court : Kolkata

Reported in : AIR2004Cal227

..... or taken under the corresponding provisions of this act;(b) the provisions contained in sections 12 to 18 of the indian electricity act, 1910 (9 of 1910) and rules made thereunder shall have effect until the rules under sections 67 to 69 of this act are made;(c) the indian electricity rules, 1956 made under section 37 of the indian electricity act, 1910 (9 of 1910) as it stood before such repeal shall continue to be enforced till regulations under section 53 of this act are made;(d) all rules made under sub-section (1) of section 69 of the electricity (supply) act, 1948 (54 of 1948) shall continue to have effect until such ..... it shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1) ;provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a separate supply unless he has agreed with the licensee to pay to him such price determined by the appropriate commission.'37. ..... here again no power has been given for disconnection of electric supply.51. ..... and the service line has been disconnected by the respondents-cesc limited on account of non-payment of the said dues. .....

Jharkhand State Elect.Board and ors. Vs. M/S Laxmi Business and Cement ...

Court : Supreme Court of India

..... the passing of the electricity act, 2003, electricity act 1910, electricity (supply) act 1948 and electricity regulatory commission act, 1998 have been repealed. ..... it repeals the electricity act, 1910: the electricity (supply) act, 1948 and the electricity regulatory commissions act, ..... this agreement shall be read and construed as subject to the provisions of the indian electricity act, 1910, rules framed thereunder, the electricity (supply) act 1948 together with rules, regulations (if any) tariffs and terms and conditions for supply of electricity framed and issued thereunder and for the time being in force as far as the same may respectively be applicable and all such provisions shall prevail in case of any conflict or inconsistency between them and the terms and conditions of this agreement. ..... this power to frame tariff under section 49(1) of the act 1948 included the power to fix minimum ..... the annual revenue requirement and tariff proposal submitted by the board, section 3 is the chapter containing objections received from the stake holders, section 4 is the chapter containing commission s analysis on arr , section 5 is the chapter containing design of tariff structure and analysis of tariff , section 6 is the chapter containing directions to the jseb and finally there is annexure 5.1 containing the tariff ..... current year, the commission would not like to increase the burden on the industries on account of minimum charge and has therefore attempted to keep it at the existing level. .....

M/S.Jairaj Ispat Limited, Hyderabad,rep. Vs. the Central Power Distrib ...

Court : Andhra Pradesh

..... under section 185(2) of the 2003 act, notwithstanding such repeal of the above referred enactments and the rules framed under the electricity act, 1910 and the electricity (supply) act, 1948 and the directions issued earlier which are not inconsistent with the provisions of the 2003 act, ..... electricity regulatory commission, in exercise of powers conferred on it under section 181 of the electricity act, 2003 read with sub-sections (1) and (4) of section 47 of the said act ..... year 1998, the law relating to production and supply of electric power was principally governed by the provisions under the indian electricity act, 1910 and the electricity (supply) act, 1948. ..... stated that as required under section 61 of the electricity act, 2003, annual returns were filed for the financial year 2012-13, and for the said year, the tariff proposals are submitted on 26.12.2011, and at that time, the interest rate notified by the reserve bank of india was only 6%, and accordingly, 6% interest has been proposed in the annual revenue requirements, by the discoms, and the same was approved ..... in the instant case, it is not in dispute that the reserve bank of india, in exercise of powers under section 49 of the reserve bank of india act, 1934, has issued notification on 13th february 2012, increasing the bank rate of interest from 6% to 9.5% per annum from the close of business on ..... of running the unit, the petitioner had obtained ht power supply from the erstwhile andhra pradesh state electricity board. .....

Gulab Rai Vs. Municipal Corporation of Delhi and Others

Court : Delhi

Reported in : ILR1991Delhi97

..... indian electricity (supply) act, 1948 is not applicable inasmuch as the said section 49 deals with the powers of the board, regarding sale of electricity. ..... or continue to receive, for the purposes of a standby supply only, from any electricity board a supply of electricity for any premises having a separate supply of electricity or a supply (in use or ready for use for the purposes for which the standby supply of electricity is required) of gas, steam or other form of energy unless he has agreed with the board to pay to it such minimum annual sum as will give it a reasonable return on its capital expenditure in providing such a standby supply and will cover other standing charges incurred by it in order to ..... it was submitted that under section 277 of the delhi municipal corporation act the corporation has all the powers and obligations of a licensee under the indian electricity act, 19 10 and the said clause xi-a stood incorporated in the dmc act and the subsequent repeal of the said clause in 1959 would not ..... while issuing notices to the respondents, interim orders were passed restraining the respondents, from disconnecting electricity on account of non-payment of bills subject to the condition that security in respect of the disputed amounts is furnished ..... changes would, in our opinion, cover loss of revenue on account of non-consumption of energy by the consumer just as the said charges would also include losses incurred on account of non-payment of tariff or theft of energy. .....

The Executive Engineer (Distribution), Tamil Nadu Electricity Board Vs ...

Court : Chennai

Reported in : AIR2008Mad148; (2008)2MLJ812

..... the electricity act, 2003 (act 36 of 2003) has come into force from 26.5.2003 and under section 185(1) of this act, the indian electricity act, 1910, the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998 are repealed, save as otherwise provided in the act. ..... on the contrary, the learned senior counsel appearing for the consumers in all the above cases would argue that section 185 of the electricity act 2003 repealed the indian electricity act, 1910 and the electricity (supply) act 1948 and there is no provision in the saving clause under the new act with regard to assessment proceedings passed under the old act. ..... -laws retrospectively, being conferred, either expressly or by implication, it could not be said that the society had any power to amend its bye-laws with retrospective effect and, in this view, the provisions of the unamended bye-law were to be applied, it was clear that the amounts which were deducted by the society from the price payable to its members on account of supply of sugarcane were deducted by the society in the course of the trading operations of the society ..... act did not contain any provisions whatsoever for dealing with theft of energy and therefore, the proceedings can be continued under the old act itself and the orders of the learned single judge directing the board to resume the adjudication proceedings under the new act requires to be reconsidered.16. .....

Rci Power Limited Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : AIR2004AP60; 2003(3)ALD762

..... -section may require the licensee among other things to,--(a) enter into agreements on specified terms with other person for the use of any electric lines, electrical plant or plants and associated equipment operated by the licensee;(h) obtain the approval of the commission of such things that are required under the licence conditions or for deviation from the same;(i) notify the commission of any scheme that he is proposing to undertake including the schemes in terms of the provisions of the electricity (supply) act, 1948;(j) purchase ..... rates of tariff and terms and conditions subject to which electrical energy to be supplied to the consumers under repealed section 49 of the supply act, which is ..... procurement, transmission and bulk supply of electrical energy within the area of supply and the transportation of electricity generated by third parties through its transmission system is altogether different business and the same is intended to put its transmission system for gainful use of the assets and infrastructure on mutually agreed terms and conditions, of course, subject to approval of the commission and for that activity separate account books and records are ..... terms of the agreement including the period of agreement in consultation with the generating companies, keeping the national policy of allowing attractive return on investment by private enterprises but not annually as contended by the commission.whether the principle of promissory estoppel applies to .....