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K.S.E.B. Vs. Najeeb

Court : Kerala

Reported in : 2005(1)KLT406

..... question is after having repealed indian electricity act, 1910 the provisions of regulations relating to conditions of supply of electrical energy, especially, regulation 42 would still apply and consequently the said provision would lend support to section 56 of the electricity act, 2003 so as to support ext.p8 bill raised in this case. ..... indian electricity act, 1910 had already been repealed by the electricity act, 2003. ..... whether unauthorised use of electricity has to be assessed under section 24(1) of indian electricity act, 1910 read with regulation 42(d) of the regulations relating to conditions of supply of electrical energy or under section 126 of the electricity act, 2003 is the question that has come up for consideration in this case.2. ..... after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear for electricity supplied and the licensee shall not cut off the supply of the electricity'.section 24 of indian electricity act, 1910 reads as follows:'discontinuance of supply to consumer neglecting to pay charge:-- (1) where any person neglects to pay any charge for energy on any sum other than a charge for energy ..... we will now examine whether there is a conflict between section 126 of the electricity act, 2003 and section 24 of the indian electricity act, 1910, read with regulation 42 of the regulations relating to conditions of supply of electrical energy. .....

Mrs. Madhu Garg and anr. Vs. North Delhi Power Ltd.

Court : Delhi

Reported in : 124(2005)DLT688

..... the definition of 'consumer' is found in section 2(c) of the indian electricity act, 1910 as well as in section 2(15) of the electricity act 2003 which repeals the 1910 statute, and reads as follows:2(15) 'consumer' means any person who is supplied with electricity for his own use by a licensee or the government or by any other person engaged in the business of supplying electricity to the public under this act or any other law for the time being in force and includes any person whose premises are for the time being connected for ..... the interconnection between section 22 of the indian electricity act 1910 (electricity act for short) and section 26 of the electricity (supply) act 1948 (supply act for short) had been considered in detail. ..... chandhioke has relied heavily on section 21(2) of the indian electricity act, 1910 in order to predicate the validity of the provisions of clause 2 of general conditions of supply. ..... the purpose of receiving electricity with the works .....

Abhay Tyagi Vs. State (Delhi Admn.) and anr.

Court : Delhi

Reported in : 2009LC(DEL)32

..... lodge complaint with the local police regarding theft of electricity.10.6.2003 indian electricity act, 1910, is repealed and electricity act, 2003 (the act) is enacted and brought into force.8.3.2004 government of nct of delhi issued a notification, authorizing officers not below the rank of junior engineer dealing with distribution, commercial and enforcement function, in bses for implementation of the functions, under section 126 of the act.21.04.2004 inspection carried out by officials of the respondent ..... it is the submission of the petitioner that after the enactment of electricity act 2003 (hereinafter referred to as the new act) which repealed the indian electricity act 1910 as well as delhi electricity reforms act 2000 no powers were left with the 2nd respondent to file a complaint before the police or to get an fir registered with respect to the allegations made by them in the complaint, as no cognizance could ..... any direction given under the repealed laws shall, insofar as it is not inconsistent with the provisions of this act, be deemed to have been done 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 in .....

Reliance Energy Limited Vs. Maharashtra Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL543

..... before the coming into force of the electricity act, 2003, the indian electricity act, 1910, the electricity rules, 1956 framed thereunder, the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998 were in force, till they came to be repealed in terms of section 185 of the electricity act, 2003.10. ..... section 26(6) of the electricity act, 1910 has no application to the case on hand as the indian electricity act, 1910 stands repealed and section 185 of the 2003 act has not saved section 26(6) so also the limitation of six months prescribed there under. ..... it is also to be pointed out, assuming for purposes of argument that rules framed under the electricity act, 1910 is still applicable, even then the merc is not the authority or successor to exercise the powers of adjudication. ..... thus, in effect, the directions issued by merc is referable to the period 10^th june, 2003, the date of coming into force of the electricity act, 2003 and up to 20^th january, 2005 the date of enforcement of supply code, 2005. ..... 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. ..... 30 of 2005 has been preferred under section 111 of the electricity act, 2003, challenging the legality and validity of the order dated 23^rd march, 2005 passed by the first respondent maharashtra electricity regulatory commission in case no. .....

Chhattisgarh State Electricity Vs. Raghuvir Ferro Alloys Ltd. and

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2007)LCAPTEL565

..... section 26(6) of the electricity act, 1910 has no application to the case on hand as the indian electricity act, 1910 stands repealed and section 185 of the 2003 act has not saved section 26(6) so also the limitation of six months prescribed there under. ..... it is also to be pointed out, assuming for purposes of argument that rules framed under the electricity act, 1910 is still applicable, even then the merc is not the authority or successor to exercise the powers of adjudication. ..... by a notification dated 14^th september, 2005, the regulatory commission framed the chhattisgarh state electricity supply code, 2005, in exercise of powers conferred by section 43(1) read with section 181(1), 44, and 46 of the electricity act, 2003 to govern the distribution and supply of electricity and the procedures thereof such as the systems of billing, modality of payment of bills, the powers, functions and obligations of the distribution licensees and the rights and obligations of consumers, etc. ..... per contra it is contended by the first respondent that the commission has the requisite powers and jurisdiction to entertain its petition as it has the powers to prevent violation of the provisions of the electricity act, 2003, supply code and tariff order by a licensee.it is further contended that the licensee under the act is entitled to charge only the tariff that has been approved and nothing more. .....

Chhattisgarh State Electricity Vs. Raghuvir Ferro Alloys Ltd.

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL842

..... section 26(6) of the electricity act, 1910 has no application to the case on hand as the indian electricity act, 1910 stands repealed and section 185 of the 2003 act has not saved section 26(6) so also the limitation of six months prescribed there under. ..... it is also to be pointed out, assuming for purposes of argument that rules framed under the electricity act, 1910 is still applicable, even then the merc is not the authority or successor to exercise the powers of adjudication. ..... by a notification dated 14^th september, 2005, the regulatory commission framed the chhattisgarh state electricity supply code 2005, in exercise of powers conferred by section 43(1) read with section 181(1), 44, and 46 of the electricity act, 2003 to govern the distribution and supply of electricity and the procedures thereof such as the systems of billing, modality of payment of bills, the powers, functions and obligations of the distribution licensees and the rights and obligations of consumers, etc. ..... per contra it is contended by the first respondent that the commission has the requisite powers and jurisdiction to entertain its petition as it has the powers to prevent violation of the provisions of the electricity act, 2003, supply code and tariff order by a licensee.it is further contended that the licensee under the act is entitled to charge only the tariff that has been approved and nothing more. .....

T.Bhuvaneswari Vs. District Collector Cum District Magistrate of Erode ...

Court : Chennai

..... been framed under section 67 of the act, 2003, the court, after extracting section 185, repeal and the saving provision, and having regard to the statutory position, as per section 185(2)(b) of the electricity act, 2003, sections 12 to 18 of the indian electricity act, 1910, would still govern the field, the court proposed to examine the correctness of the action of the respondent in erecting the poles, in the light of section 67 of the electricity act, 2003, read with sections 12 to 18 of the indian electricity act, 1910 and section 164 of the electricity act, 2003 and after extracting ..... . after extracting section 67 and 184 of the electricity act, 2003, the court, further observed as follows: as could be seen, though section 67 (1) of the electricity act, 2003 is identical to section 12 (1) of, the indian electricity act, 1910, section 67 (2) of the electricity act, 2003 varies from section 12 (2) of the repealed indian electricity act, 1910 ..... section 185 of the electricity act,2003, which repealed the indian electricity act,1910, electricity (supply) act,1948 and the electricity regulatory commission act,1998, saves any action taken under the previous acts and laws in so far as it is not inconsistent with the provisions of act,2003, stating that such acts are deemed to be the acts under the new act. .....

G.V.S. Rama Krishna and ors. Vs. A.P. Transco Rep. by Its Managing Dir ...

Court : Andhra Pradesh

Reported in : AIR2009AP158; 2009(3)ALT502; 2009LC(AP)517

..... the electricity act, 2003 (central act 36 of 2003) has been enacted consolidating the laws relating to generation, transmission, distribution, trading and use of electricity and thereby repealing the indian electricity act, 1910, electricity (supply) act, 1948 and electricity regulatory commissions act, ..... be done till such rules are made is provided under section 185 of the electricity act, 2003 and the same may be extracted hereunder:section 185 repeal and saving(1) 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. ..... be seen, though section 67(1) of the electricity act, 2003 is identical to section 12(1) of the indian electricity act, 1910, section 57(2) of the electricity act, 2003 varies from section 12(2) of the repealed indian electricity act, 1910. ..... indian electricity act, 1910 and the electricity (supply) act, 1948 stood repealed under the electricity act, 2003 which came into force with effect from 10.06.2003. ..... , electricity act, 2003 though there is no provision with regard to preparation and sanctioning of any scheme relating to establishment of generating stations, sub-stations or transmission lines as required under section 28 of the repealed electricity (supply) act, 1948, provisions similar to sections 12 and 51 of the indian electricity act, 1910 have been incorporated under section 67 and section .....

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 ..... 10th june, 2003 and the conditions of supply ceased to exist immediately after commencement of the said act as the same was framed under section 21(2) of the indian electricity act, 1910 which has been repealed after commencement of electricity act, 2003.38. ..... conditions of supply of cesc limited, under indian electricity act, 1910, since repealed, is also contrary to and inconsistent with the definition of premises as contained in electricity act of 2003 and it cannot override the definition under the new act.52. ..... the repeal and saving clause as provided in section 185 of the electricity act, 2003 does not save the conditions of supply framed under section 21(2) of the indian electricity act, 1910. .....

Raj Electricals (Regd.) Vs. Bses Rajdhani Power Ltd.

Court : Delhi

Reported in : 2007(3)ARBLR449(Delhi); 142(2007)DLT687

..... the counsel submitted that although the indian electricity act, 1910 has been repealed and a electricity act, 2003 has come into force but the schedule to indian electricity act, 1910 was still relevant and applicable in case of the petitioner. ..... or any direction given under the repealed laws shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done 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 there under 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 in force till the ..... it is argued by the counsel for petitioner that since provisions of delhi electricity reforms act, 2000 which are consistent with the electricity act, 2003 have not been repealed and are still valid, the schedule to indian electricity act, 1910 shall be valid. .....