Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: appellate tribunal for electricity aptel Year: 2006 Page 3 of about 35 results (0.140 seconds)

Bbn Industries Association and Vs. H.P. Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL806

..... is achieved.levy of fixed charges by way of demand charges is an accepted practice and permitted as per clause (a) of sub-section (3) of section 45 of the electricity act, 2003 which reads as under: 45(3) the charges for electricity supplied by a distribution licensee may include- (a) a ..... , undertaking and implementing reforms and restructuring.11. at this point it is necessary to refer to the functions of the state commissions as found in section 86 of the electricity act, 2003. (1) the state commission shall discharge the following functions namely: (a) determine the tariff for generation, supply, transmission and wheeling of ..... the draft central electricity authority (grid connectivity) standards 2004, which have been framed by central electricity authority (cea) in exercise of power under section 73 of electricity act, 2003. chapter iv set out the grid connectivity standards applicable to distribution systems and chapter v prescribes the grid connectivity standards applicable to bulk .....

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... the commission shall be guided by (i) the financial principles and their application provided in the sixth schedule to the electricity (supply) act, 1948 read with sections 57 & 57a of the said act. (ii) the factors which would encourage efficiency, economic use of the resources, good performance, optimum investments and the commission when decide ..... the transmission facilities, etc.; to regulate the assets, properties and interest in properties concerned or related to the electricity industry in the nct. section 12 of the act mandates that the commission shall be guided by such directions in matters of policy involving public interest, as the government of nct of delhi ..... fixed with reference to the paying capacity of the discoms? and (vi) whether the three appeals are maintainable before this appellate tribunal under section 111 of the electricity act 2003? 5. we will be justified in referring to material aspects which took place before the impugned tariff fixation. it is contended that .....

Indian Aluminium Co. Limited Vs. West Bengal Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL791

..... existing consumer the appellant could continue its relationship. such a construction cannot be appreciated as it runs counter to plain meaning of the provisions of the act. section 42(3) enables an existing consumer of an area disocm licensee requires supply of electricity from a generating company or any licensee other than the area ..... charges or energy charges or other charges consequent to open access being allowed in its favour.19. we are to point out that sub-section (2) of section 42 of the electricity act, 2003 mandates the state commission to introduce open access in such phases and subject to such conditions, including cross subsidies and other operational ..... this view of wberc cannot be legally sustained. such a conclusion has been arrived at by the commission on an erroneous interpretation of section 86(1)(a), section 42 and section 49 of the electricity act, 2003 as well as by loosing sight of the object behind the said provisions. this interpretation, in our view cannot be .....

Himachal Pradesh State Vs. Himachal Pradesh Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL319

..... hold that the directions issued by the commission to undertake non electricity activity is a novel one and direction issued overlooks the scope and purport of section 51 of the electricity act, 2003, which reads thus: 51. other businesses of distribution licensees:- a distribution licensee may, with prior intimation to the appropriate commission, engage ..... commission (terms and conditions for determination of tariff) regulation, 2004.4. on 8^th december, 2004, the appellant moved the respondent under section 62 and 64 of the act to fix its annual revenue requirements and for determination of tariff for the period 1^st april, 2005 to 31^st march, 2006. the ..... undertaking nor encumbers its distribution assets in any way to support such business: provided also that nothing contained in this section shall apply to a local authority engaged, before the commencement of this act, in the business of distribution of electricity.15. this is only an enabling provision for the licensee to engage .....

Siel Limited Vs. the Punjab State Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL931

..... encourage efficiency, economical use of the resources, good performance, optimum investments and other matters which the state commission considers appropriate for the purpose of the act. section 29(3) enunciates that the state commission, while determining the tariff, shall not show undue preference to any consumer of electricity, but may differentiate ..... the state commissions relating to matters which were specified in various sub-clauses including (a), (c), (e) and (m) of sub-section (2) of section 22 of the act of 1998, to regulate the investment approval for generation, transmission, distribution and supply of electricity to the entities operating in the state; ..... made by the state commissions, before the commencement of this order, without meeting the requirement of the previous publication under sub-section (3) of section 181 of the act shall again be published as draft regulations for the information of persons likely to be affected thereby for inviting the objections or suggestions .....

Reliance Energy Limited Vs. K.H. Nadkarni and ors.

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL298

..... the directions issued are not even applied and are in excess of jurisdiction. the commission has to act within the four corners of the electricity act, 2003 and the state act in so far it is saved by section 185 of electricity act, 2003. it is clear from the discussions the state regulator has no jurisdiction to enter upon, ..... ) enumerates the "functions of state commission." the learned counsel for contesting respondents relied upon clauses (i) and (k) of the said act to trace the power of the merc to adjudicate the billing dispute. section 86(1)(i) and (k) reads thus: (1) the state commission shall discharge the following functions, namely: (i) specify or ..... . when a forum has been constituted for redressal of grievances of consumers by the mandate of section 42, no other forum or authority has jurisdiction. the merc, being a regulatory, the highest state level authority under the 2003 act, as well rule making authority has to exercise such functions as provided in the legislative enactment .....

Reliance Energy Limited Vs. the Tata Power Company Limited and

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL662

..... competitive conditions and introduce such conditions progressively.10. the commission considered various options in the light of the provisions of the electricity act, 2003 and after considering section 42, section 22, section 14 and other connected provisions and while taking the view that the surplus power is available and the two utilities, viz., tata ..... across an intervening area not included therein, across such area.23. the term "licensee" is defined in section 2(k) of the 1903 act, section 2(h) of the 1910 act and under section 2(6) of the 1948 act.these definitions are reproduced hereunder for immediate reference: 2(k) "licensee" means any person licensed under part ..... license granted other than clause ix, it is obvious, other clauses in this schedule shall stand incorporated in the license. apart from section 3 part iii of the act, namely, section 28 enables the state government, to authorize other than a licensee, to engage in supplying power to public. this is in addition .....

Bhushan Limited Vs. West Bengal State Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL600

..... of open access being allowed in its favour.12. taking up the first point for consideration, we are to point out that sub-section (2) of section 42 of the electricity act, 2003 mandates the state commission to introduce open access in such phases and subject to such conditions, including cross subsidies and other operational ..... provisions. this interpretation, in our view cannot be sustained. the view of the commission runs counter to sections 42(4) and section 62 of the act. as already held neither section 38(2)(d) nor section 39(2)(d) nor section 42(2) which provides for open access warrants or stipulates that an existing consumer who seeks for open ..... agreement with any person for supply or purchase of electricity on such terms and conditions (including tariff) as may be agreed upon by them. section 49 of the electricity act, 2003 provides for an agreement being entered between an open access consumer and the distribution licensee for supply or purchase of electricity on such terms .....

Central Coalfields Limited, Vs. Jharkhand State Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL880

..... could be no challenge before this appellate forum as against the resolution of tariff dispute.33. this appellate tribunal has been established under section 110 of the electricity act, 2003. section 111 provides for an appeal to this appellate tribunal. before this appellate tribunal any person aggrieved by an order made by an adjudicating ..... generator will fall within the ambit of "retail sale" of electricity and, therefore, there could be a determination of tariff under section 62 of the act. much reliance is placed upon section 62(l)(d). the learned senior counsel also referred to "law lexicon" and "law dictionary" in support of his contentions that ..... shall have the right to open access for the purpose of carrying electricity from his captive generating plant to the destination of his use. section 10 of the act prescribes the duties of a generating company which includes establishment, operation and maintenance of generation stations, tie-lines, sub-stations and dedicated transmission .....

Chhattisgarh State Electricity Vs. the Chhattisgarh State

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL645

..... sell electricity only to those new ht consumers who may come up in the industrial estate, after obtaining permission of the government under section 28 of the electricity act, 1910 (1910 act, for short). secondly, these industries should not be the consumers of the board. (ii) the company shall comply with all legal ..... state electricity regulatory commission established by notification dated 23rd august, 2002 with effect from 3rd october, 2001 shall be deemed to have been established under section 82 of the electricity act of 2003. (iv) 10^th june, 2004: the state government appointed the first chairman and the member of chhattisgarh state electricity regulatory commission ..... merely preferring the appeal had not taken part in the hearing. m/s. jindal power moved the regulatory commission for a distribution license under section 14 of the electricity act, 2003 read with regulation 3(1) of cserc (license) regulations, 2004 for supply of electricity to industries located in its industrial estate .....