Court : Kolkata
Reported in : 2006(1)CHN672
..... there is no saving clause in the electricity act, 2003 but section 185 makes it clear that the indian electricity act, 1910, the electricity (supply) act, 1948 are hereby repealed. ..... arup chatterjee, learned advocate for the petitioner submitted that initially the case was started against this petitioner in the year 1996 under section 39 of the then indian electricity act, 1910 (since repealed) read with section 379 of the ipc arising out of daspur p.s. ..... due to repeal of the indian electricity act, 1910 the proceedings of pending case under the former act do not lapse and the said cases now should be tried by the special courts.13. ..... therefore, the criminal proceeding which was pending before the learned sdjm, ghatal against this petitioner under the indian electricity act, 1910 may be continued, proceeded with in view of the provisions of electricity act, 2003 with the aid of section 6 of the general clauses act read with section 185(5) of the electricity act, 2003.9. ..... when charge was already framed under section 39 of the indian electricity act, 1910 and one witness was examined before promulgation of the new electricity act, 2003, the accused petitioner cannot be tried by the special court. ..... after considering the entire matter and going through the provisions of indian electricity act, 1910, electricity act, 2003 and the general clauses act, i am unable to accept the submissions made by mr. .....
Tag this Judgment!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 .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR993
..... as per section 185(1) of the new act, the indian electricity act, 1910 (hereinafter referred to as 'old act'), the electricity (supply) act, 1948(hereinafter referred to as 'the old supply act') and electricity regulatory commission act, 1998(hereinafter referred to as 'the regulatory commission act') are repealed. ..... it appears that the electricity act, 2003 (hereinafter referred to as 'the new act') has come into force vide notification, dated 10.6.2003 of the govt. ..... 9 the gujarat electricity industry (reorganisation and regulation) act, 2003 (hereinafter referred to as the gujarat electricity act) is provided. ..... in view of the above observations and discussion, the conclusions can be drawn as under:(i) the electricity act, 2003 for the gujarat state has come into force on 10.12.2003. ..... it was also submitted that since as per section 185(3) the conditions framed under the gujarat act, 2003 are saved, the assessment can be made as per the conditions of supply which, in the submission of learned counsel appearing for the board and the electricity company, are having statutory force. ..... therefore, considering the above, i find that though the new act has come into force on 10.12.2003, but for governing the terms and conditions of supply of electricity the assessment of electricity charges, applicability of terms and conditions, recovery of tariff, penal charges, hearing by the appellate committee etc. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1269
..... or taken 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 act, 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 ..... electricity supply code, 2002 in so far as it is not inconsistent with the electricity act, 2003 has to be applied for assessing the electricity charges payable by a person who is found indulging in unauthorized use of electricity. ..... singh, learned counsel for the petitioner raised following submissions :(1) the assessment made by the respondent is not in accordance with the provisions of section 126 of the electricity act, 2003 and in accordance with paragraph 6.17.1 and 6.17.2 of the u. p. ..... the respondents while making assessment has calculated the amount thrice of the units assessed whereas in accordance with section 126(6) of the electricity act, 2003, the assessment was required to be made at the rate equal to one-and-half times of the tariff applicable. .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(2)CHN222
..... by reason of section 185 of the act, the indian electricity act, 1910, electricity (supply) act, 1948 and the electricity regulatory commission act, 1998 stood repealed with effect from 10th june, 2003. ..... although sub-section (2) of section 185 of the act saved certain provisions of the indian electricity act, 1910 and kept the same alive until rules are made under sections 67 and 69 of the act, but did not save the schedule to the indian electricity act, 1910. ..... i think while deciding these writ petitions it would be appropriate to give such directions, which has the sanction of law in force at present, inasmuch as the rights and obligations inter se the parties created by the legislature by the indian electricity act, 1910 have been expressly given a goby by the legislature by making the act and by directing that the laws as made by them by the act would henceforth govern such rights and obligations.6. ..... the question is whether today when the indian electricity act, 1910 is no longer in force, can a direction be given for effecting supply of electricity without claiming the cost of transformer as well as incidental cost for installation of the transformer ..... therefore, until such time the indian electricity act, 1910 was in force, a distribution licensee could not demand from the prospective customer the cost of providing transformer.5 ..... in terms of clause (vi) of the schedule to the indian electricity act, 1910, the distribution licensee could demand cost for laying the 'service line' .....
Tag this Judgment!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. .....
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