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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26(6) of the electricity act, 1910 has no application to the case on hand as the indian electricity act, 1910 stands repealed and section 185 of the 2003 act has not saved section 26(6) so also the limitation of six months prescribed there under.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. .....

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electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998 were in force, till they came to be repealed in terms of section 185 of the electricity act, 2003.10.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26(6) of the electricity act, 1910 has no application to the case on hand as the indian electricity act, 1910 stands repealed and section 185 of the 2003 act has not saved section 26(6) so also the limitation of six months prescribed there under.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. .....

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 .....

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

Court : Madhya Pradesh

Reported in : AIR2006MP100

..... the learned counsel for respondents shri prakash jain has submitted that the indian electricity act, 1910 has been repealed by electricity act, 2003 (for short 'the new act') (36 of 2003) came into force from 2-6-2003 by virtue of section 185 of the new act and therefore, the provisions of the old act i.e. ..... 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;(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 17 of the indian electricity act, 1910 (9 of 1910) as it stood before such repeal shall continue to be in force till the ..... - (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. ..... 5) dated 14-3-2000 to the respondents for referring the matter to electric inspector as per provision under section 26(6) of the indian electricity act, 1910 (for brevity 'the old act') because if there is any dispute regarding correctness of the meter between the consumer and the mpeb the same shall be decided by the electrical inspector. .....

Suresh Agarwal Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : 2005(4)CHN206

..... is further submitted that although indian electricity act, 1910 was repealed on 19.6.2003 by section 185 of the new act of 2003, sub-section (5) of said section 185 of the act of 2003 provides as follows:'section 185. ..... was the further contention of the learned advocate that the earlier charge framed against the petitioner in january, 2003 under sections 39 and 44 of the indian electricity act, 1910 is bad in law and the special court cannot proceed without framing a fresh charge in view of the provision of the new act of 2003 namely electricity act of 2003. ..... ) act, 2001 and such court is empowered to try all offences under the indian electricity act, 1910 as amended by indian electricity (w.b ..... amendment) act, 2001 and is empowered to try all offences under the indian electricity act, 1910 as amended by ..... of 2001) under section 379 ipc read with sections 39 and 44 of the indian electricity act, 1910.2. ..... district & sessions judges courts which have now been functioning at every sadar sub-division of each district in west bengal including the 1st special court, calcutta to try offences exclusively under the indian electricity (west bengal amendment) act, 2001 as well as in terms of section 153 of the electricity act, 2003 (36 of 2003) having territorial jurisdiction for the entire district.4. ..... amendment) act, 2001, which has already been repealed by the new electricity act, 2003 and as such the said special court constituted under the earlier act of 2001 has no jurisdiction to try the .....

Hindustan Petroleum Corpn. Ltd. Vs. Gujarat Electricity Board

Court : Gujarat

Reported in : AIR2005Guj164; (2005)1GLR519

..... any opportunity of hearing to the petitioners and the demand for differential duty is in violation of principles of natural justice and fair play.3.5 according to learned counsel, the indian electricity act, 1910 stood repealed from 10.12.2003 when the 2003 act was brought into force by the state of gujarat. ..... iia and htp-iib in 2000.9.8 ms bhaya submitted that under section 24 of the indian electricity act while issuing such notice on the basis of the decision of gerc and on the basis of correction of the mistake, the board is not required to give any further opportunity to the petitioners before issuing notice under section 24 of the indian electricity act, 1910 since the question was correct application of the tariff in view of the gerc decision ..... the respondent board would be licensee governed by the repealed laws for a period of one year from 10.12.2003 and the provisions of the electricity act, 2003 are not applicable in the present case.9.4 that as per the provisions of the regulatory commissions act and the electricity act, 2003 it becomes clear that power to determine tariff was ..... submitted that the board has no power to classify or re-classify the tariff schedule and the power is vested only in the state commission under section 22 and section 29 of the electricity regulatory commission act,1998 read with section 86 of electricity act, 2003 and regulation 78 of the regulation framed by the commission.4.1 he submitted that as held in the case of mardia chemicals ltd. v. .....

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. .....

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. .....

Nand Kishore Garg Vs. Govt. of Nct of Delhi and ors.

Court : Delhi

..... it repeals the indian electricity act, 1910; the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998. ..... time-line to pass the tariff orders: in one of my earlier notings i had mentioned as under: "it has been mentioned earlier that in terms of the provisions of the electricity act, 2003 the tariff orders are required to be issued within 120 days of the filing of the tariff petitions. ..... the government further directs under section 108 of the electricity act, 2003 that the delhi electricity regulatory commission will not issue the tariff order till the statutory advice given by the commission as asked for, is thoroughly examined by the government and the government gives a go ahead for passing of tariff orders. ..... it is profitable to note here that various assertions have been made with regard to the issues relating to the finalization of the tariff by the commission under the provisions of the electricity act, 2003 (for brevity 2003 act), the illegality committed by the government of national capital territory of delhi (gnctd) in asking the commission not to issue the tariff and further how the consumers have been affected by the non-issuance of the tariff ..... the only direction, as advised at present, this court can issue is that the commission shall determine the tariff after taking recourse to the due process of law under the 2003 act as that has become the warrant since in the meantime the term of the chairman and one of the members is over. .....

Rabi Das and anr. Vs. Calcutta Electric Supply Corporation Limited and ...

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. .....