Court : Jharkhand
..... the consumer, on the other hand, contended that after enactment of the electricity act, 2003 which repealed the indian electricity act 1910 and the electricity (supply) act, 1948, the jharkhand state electricity regulatory commission alone is empowered to frame tariff schedule and thus, the 1999 tariff framed by the bseb cannot be enforced and it is not saved by the saving clause. ..... in the present proceeding, the appellant-jharkhand urja vikas nigam limited has once again sought to contend that section 185 of the electricity act, 2003 would prevail the supply agreement executed prior to 10.06.2003 between the electricity board and the consumers and the appellant-jharkhand urja vikas nigam limited can enforce clause-5 of the 1999 tariff which provides that the demand charge shall be levied on actual maximum demand recorded in ..... before the electricity act, 2003 came into force on 10.06.2003, the electricity board was empowered to determine the operational rates at which the electricity was to be supplied to the consumers. ..... it needs to be mentioned here that the effect of section 185 of the electricity act, 2003 has also been discussed in m/s laxmi business & cement co. .....
Tag this Judgment!Court : Mumbai
..... however, after the electricity act, 2003 came into force with effect from 10th june,2003 repealing the provisions of indian electricity act,1910, the electricity (supply) act, 1948 and the electricity regulatory commissions act,1998 consolidating the laws inter alia relating to generation, distribution etc. ..... the 2nd respondent has raised an objection to the maintainability of the petition on the ground that the petitioners have failed in pointing out as to how the impugned regulation is contrary to the electricity act, 2003 and onerous to the petitioners and much less violating any of the fundamental rights as alleged by the petitioners. ..... the petitioners being aggrieved by the order dated 25th october,2012 (supra) approached the appellate tribunal for electricity by filing appeal no.4 of 2013 as per the provisions of section 111 of the electricity act,2003 as the norms were not revised and maintained by the said order. ..... and other variety of aspects concerning the electricity, the 2nd respondent stands governed under the electricity act,2003 and is discharging functions inter alia under section 86 of the electricity act which includes determination of tariff for electricity generation within the state. ..... the petitioners contend that the challenge as raised to the impugned regulation is on the ground that same is ultra vires the electricity act,2003 and in violation of articles 14 and 19(1)(g) of the constitution of india. 13. .....
Tag this Judgment!Court : Chennai
..... that the petitioners cannot place reliance upon section 12(2) of the indian electricity act, since the 1910 act was repealed by section 185 of the electricity act, 2003 and the only right that the petitioners have is to claim compensation and that the question of consent did not arise after the advent of the 2003 act. ..... the petitioners contended that their consent, as required under section 12(2) of the indian electricity act, 1910, was not obtained and that there is an alternative land is available in the form of public road, through which high tension ..... further, it is contended that in terms of section 13 of the telegraphic act, 1885 read with section 51 of the indian electricity act, 2003, no notice is required to be issued to the owner of the lands before erecting towers ..... made by the government, in terms of section 51 of the electricity act, 1910, much before the 2003 act was issued. ..... dated 08.11.2011, a prayer was made to issue a writ of mandamus to forbear the respondents from erecting any high tension electric towers through the petitioner's property violating the provisions of indian electricity act. ..... case of t.narayanan (cited supra) is to the effect that public interest is always superior to the interest of an individual and when the corporation exercises powers under section 164 of the electricity act, 2003 read with section 10 of the indian telegraph act, they are not acquiring the land, but they are only making use of the land for the purpose of laying electric lines. .....
Tag this Judgment!Court : Chennai
..... the electricity act, 2003, specifically repeals indian electricity act, 1910, section 185 of the electricity act, 2003, saves the proceedings initiated under the repealed act and also enables the continuation of the investigation and initiation of the proceedings in accordance with the substantive provisions of the repealed act as the general application of section 6 of the general clauses act, 1897 has been preserved by sub section (5) of section 185 of the electricity act, 2003. ..... before ever the investigation was completed, the indian electricity act, 1910, was replaced by the electricity act, 2003 (act 36 of 2003).the investigating officer submitted a final report alleging commission of the above said offences under the provisions of the indian electricity act, 1910, which came to be repealed by the electricity act, 2003. ..... the investigating officer was correct in continuing the investigation and submitting a final reports alleging commission of offences punishable under sections 39(1) and 44(1)(c) of the indian electricity act, 1910 and section 484 of the indian penal code, even though the indian electricity act, 1910, came to be repealed by the electricity act, 2003. ..... case was registered on the file of the thangachimadam police station, ramanathapuram district, in crime no.54 of 2001 against n.sivakumar, the second respondent herein, for alleged offences punishable under sections 39(1) and 44(1)(c) of the indian electricity act, 1910 and section 484 of the indian penal code. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Andhra Pradesh
..... electricity act of 2003 is enacted by the parliament, repealing the earlier enactments, namely, indian electricity act, 1910, the electricity (supply) act of 1948 and the electricity regulatory commission act ..... 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, are saved ..... 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. ..... also to be noticed that under section 47(5) of the electricity act, 2003, the distribution licencee is not entitled to collect any security deposit as contemplated under sub-section (1) of section 47 of the act, if the consumer is prepared to take supply through pre ..... by the chief general manager (commercial), apcpdcl, while referring to the provision under section 47(4) of the electricity act, 2003, it is stated that they are liable to pay interest equivalent to the bank rate or more as may be specified by the electricity regulatory commission of the concerned state. ..... it is 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 .....
Tag this Judgment!Court : Kolkata
..... section 185(2)(a) of the electricity act, 2003 provides that notwithstanding repeal of the indian electricity act, 1910, any rule, notification, inspection, order or notice made or issued or any appointment, confirmation or declaration made or any license, permission, authorization or exemption granted or any document or instrument executed 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. ..... only point which arises for determination in this appeal is whether the remedy by way of an appeal is available to the appellant/petitioner under the conditions of supply of cesc limited framed as required under sub-section 2 of section 21 of the indian electricity act, 1910 (ix of 1910) or will be governed by the provisions of the electricity act, 2003. ..... without any ambiguity states that the assessment was made by the authority entrusted to carry out the functions provided under clause 31 of the conditions of supply 7 approved by the appropriate government under the indian electricity act, 1910 which has statutory force and continue to operate during the transitional period under section 172 of the indian electricity act and, therefore, the impugned order suffers from error of law and fact and is illegal and liable to be set aside. .....
Tag this Judgment!Court : Chennai
..... however, it is contended by mr.g.kasinathadurai, learned standing counsel for the electricity board that the petitioners cannot place reliance upon section 12(2) of the indian electricity act, 1910, since the 1910 act was repealed by section 185 of the electricity act, 2003. ..... therefore, the contingencies stipulated in section 185(2)(b) of the 2003 act, for the repeal of sections 12 to 18 of the indian electricity act, 1910, had arisen, with effect from the date of issue of these rules, viz. ..... under the corresponding provisions of this act; (b) the provisions contained in sections 12 to 18 of the indian electricity act, 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 as it stood before such repeal shall continue to be in force till the 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 shall continue to have effect ..... under this section 185 (2) (b), the provisions of sections 12 to 18 of the indian electricity act, 1910 and the rules made thereunder are allowed to have effect, de hors the repeal, until the rules under sections 67 to 69 of the 2003 act are made.21. ..... a reading of sub-section (1) shows that the provisions of the indian electricity act, 1910 stands repealed, by the 2003 act, save as otherwise provided in the act. .....
Tag this Judgment!Court : Allahabad
..... of act 2003, except to the extent provided therein, repealed indian electricity act, 1910, electricity (supply) act, 1948 and electricity regulatory commissions act, ..... laws namely, the electricity act, 1910 and the electricity (supply) act, 1948 ceased journey in 2003. ..... considered and decided strictly in accordance with law and will be disposed of by a speaking and reasoned order in accordance with law expeditiously taking into consideration the fact that it should not be a case of electricity theft under section 135 of the indian electricity act (hereinafter called the act). ..... " (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 preceding the date of inspection ..... (iii) if the assessing officer finds that unauthorized use of electricity has taken place( as defined under explanation to section 126 of the electricity act 2003, it shall be presumed unless contrary is proved, that such unauthorized use of electricity was continuing for either actual period of misuse, if available, or three months immediately preced- -ing the date of inspection in case of domestic and agriculture services and for a period of six months .....
Tag this Judgment!Court : Kolkata Appellate
..... besides, the right of the intending consumer to consideration of his application dated july 26, 2001, even if it was alive after march 2002, did not remain enforceable after repeal of the indian electricity act, 1910 and nothing in the electricity act, 2003 saved the right. 6. ..... the indian electricity act, 1910 was repealed by the electricity act, 2003. 4. ..... the petitioners in this art.226 petition dated april 21, 2010 are seeking a mandamus commanding cesc to supply them electricity on the basis of an application dated july 26, 2001 submitted by one joydeb das, since deceased, under provisions of the indian electricity act, 1910 and the then conditions of supply. 2. ..... for these reasons, i dismiss the petition making it clear that nothing herein shall prevent the petitioners from applying under the electricity act, 2003, if they are otherwise entitled to apply, and that if the petitioners apply, cesc will be free to deal with the application according to law. 7. ..... part of the intending consumer in this case today cesc is 2 not in a position to present its case; and that at the date this petition was brought the question of supply could not be considered under the old act. 5. .....
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