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Judgment Search Results Home > Cases Phrase: indian electricity act 1910 repealed section 22 obligation on licensee to supply energy Page 1 of about 241 results (0.136 seconds)

Mar 31 1990 (HC)

Gulab Rai Vs. Municipal Corporation of Delhi and ors.

Court : Delhi

Reported in : AIR1990Delhi249; 42(1990)DLT121

..... it was submitted 'that under section 277 of the delhi municipal corporation act the corporation has all the powers and obligations of a licensee under the indian electricity act, 1910 and the said clause x-a stood incorporated in the dmc act and the subsequent repeal of the said clause an 1959 would not make it inapplicable ..... while section 21(2) enables the licensee, subject to the conditions prescribed therein, to lay down conditions regulating relations with intending consumers, section 22 casts an obligation on the licensee to supply energy. ..... if there is no right with a consumer to demand energy, correspondingly, there would be no obligation on the licensee to supply energy. ..... (37) the substantive part of section 22 makes it obligatory on the licensee to supply energy to every person in the area on the ..... said sub-clause reads as follows:- (2) before commencing to supply energy through any distributing main, the licensee shall give notice, by public advertisement, of the method by which he proposes to charge energy so supplied: and, where the licensee has given such notice, he shall not be entitled to change that method of charging without giving not less than one months notice in writing of such change to the state government, to the state electricity board and the local authority any) concerned and ..... furthermore, section 23(3) of the indian electricity act, 1910 contemplates agreement being entered into between the parties pertaining to charges for energy supplied to the consumer .....

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Nov 08 2011 (HC)

R.Santhana Raj Vs. the Chief Engineer

Court : Chennai

..... the indian electricity act, 1910, is a pre-independence enactment which dealt with the supply and use of electrical energy and the rights and obligations of the licensees. ..... 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 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 until such rules are ..... rescinded or modified, as the case may be;(e) all directives issued, before the commencement of this act .....

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Mar 01 1990 (HC)

Gulab Rai Vs. Municipal Corporation of Delhi and Others

Court : Delhi

Reported in : ILR1991Delhi97

..... section 277 confers on the corporation 'all the powers and obligations of a licensee under the indian electricity act, 1910....'. ..... 23(3) of the indian electricity act, 1910 contemplates agreement being entered into between the parties pertaining to charges for energy supplied to the consumer. ..... 22 of the electricity act of 1910, whenever a person within the area of supply applies for it, the proviso to the said section does not make it obligatory on the licensee to supply electricity on demand. ..... the said clause xi-a of the schedule to indian electricity act, 1910, prior to its repeal in 1959 read as under: -'a licensee may charge a consumer a minimum charge for energy of such amount and determined in such manner as may be specified by his license, and such minimum charge shall be payable notwithstanding that no energy has been used by the consumer during the period for which such minimum charge is made'.69. ..... ......i prefer the definition given by the arbiter in his note, which runs as follows:'a standby supply of electricity is a supply of electrical energy which is available to take the place of another supply of energy for driving machinery, lighting, heating, or any other purpose, or to supplement such other supply of energy when the demand for energy is in excess of that which could be economically or conveniently provided by such other supply, and it remains a standby supply whether it is made use of or not. .....

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Apr 13 2006 (HC)

Torrent Power Aec Ltd. Vs. Gayatri Intermediates Pvt. Ltd.

Court : Gujarat

Reported in : (2006)2GLR1580

..... as well as the geb that by virtue of the provisions of section 185(2), notwithstanding the repeal of the indian electricity act, 1910 and the electricity (supply) act, 1948, all the rules, notifications and licenses made or issued under the repealed laws shall, in so far as they are not inconsistent with the provisions of the act, be deemed to have been done or taken in accordance with the provisions of the act. ..... have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or if any instrument having effect by virtue of any law other than this act.section 173 refers to the consumer protection act, 1986, the atomic energy act, 1962 and railways act, 1989.20.3 in view of the provisions of sections 45, 50 and 62 of the act, till 7th june 2005 there was no express power conferred on the state commission to permit the licensee to recover charges in theft cases. ..... under the gujarat electricity industry (reorganization and regulations) act, 2003 and the scheme framed thereunder, w.e.f 1.4.2005 the powers, duties and obligations of the geb came to be vested in the government of gujarat and reinvested by the government into gujarat energy transmission corporation limited, gujarat state electricity corporation limited and the uttar gujarat vij co. .....

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May 01 2019 (HC)

Commissioner of Trade and Taxes, Delhi vs.schneider Electric India Pvt ...

Court : Delhi

..... section 26 of the supply act is relied on to say that the board had all the powers and obligation of a licensee under the indian electricity act, 1910, and this act shall be deemed to be the licence of the board for the purposes of that act:... 12. ..... ;. (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 ..... . the 1910 act, the supply act, and the electricity regulatory commission act, 1998.all the said three acts were repealed, and consolidated in one enactment, namely the electricity act 2003 ..... 2017 & connected matters page 29 of 52 in calculating his taxable turnover, a registered dealer may deduct from his turnover- (xii) sales made to any undertaking supplying electrical energy to the public in delhi, under a license or sanction granted or deemed to have been granted under the indian electricity act,1910 (9 of 1910), of goods for use in delhi by it directly in the generation or distribution of electrical energy in delhi: provided that the dealer claiming exemption on this account shall furnish to the appropriate assessing authority upto the time of assessment by it- (a) ..... 185. (repeal and saving): --- (1) save as otherwise provided in this act, the indian electricity act, 1910, the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998 are hereby .....

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May 22 2006 (TRI)

Reliance Energy Limited Vs. the Tata Power Company Limited and

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL662

..... 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 ii to supply energy; 2(h) "licensee" means any person licensed under part ii to supply energy; 2(6) "licensee" means a person licensed under part ii of the indian electricity act, 1910 (9 of 1910) to supply energy or a person who has obtained sanction under section 28 of that act to engage in the business of supplying energy but, the provisions of the section 26 or 26a of this act notwithstanding, does not include the board or a generating company; the ..... the indian electricity act, 1910 prohibits supplying energy by any person to another person without a license issued by the state government.section 3(1) of the 1903 act provided thus: 3(1) no person shall supply energy for electric transaction or to the public for any purpose except under, and in accordance with the terms and conditions of, a license granted by local government under this part: provided that nothing in this section shall apply to any railway of tramway subject to the provisions of the indian railways act, 1890.the 1903 act stands repealed by 1910 act. .....

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Apr 22 1987 (HC)

D.C.M. Ltd. and anr. Vs. Assistant Engineer (Hmt Sub-division), Rajast ...

Court : Rajasthan

Reported in : AIR1988Raj64; 1987(2)WLN538

..... the rights and obligations of the electricity board as a licensee having the monopoly to supply electricity to all consumers within the state under the provisions of the indian electricity act, 1910 and the electricity (supply) act, 1948 is too well known to require any elaborate discussion. ..... section 22 obliges the board to supply to every person within the area of supply energy on the same terms at which it supplies to other similar consumers within that area and at the same time a corresponding liability is fastened on the consumer to agree to pay to the licensee the minimum charges which would be a reasonable return on the licensee's capital expenditure to meet the possible maximum demand of that consumer. ..... the second proviso to section 26 expressly lays down that the provisions of clause vi of the schedule to the indian electricity act, 1910 shall apply to the board in respect of that area only where distribution mains have been laid by the board and the supply of energy through any of them has commenced. ..... section 23 requiresthat the licensee shall not show unduepreference to any person in making anyagreement for the supply of energy. ..... section 22b empowers the state government to issue orders for ensuring equitable distribution of energy and for this purpose the statutory obligation of the board may be avoided in the given circumstances. .....

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Jul 16 2007 (HC)

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

Court : Delhi

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

..... section 3 of the indian electricity act, 1910 provides that only state government, on an application made in prescribed form and on payment of prescribed fee, can grant license after consulting state electricity board to any person to supply energy in any specified area and also to lay down or place electric supply lines for conveyance and transmission of the energy. ..... 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. ..... 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;(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 regulations ..... it is a right and obligation of the respondent to supply electricity in the area for which respondent is a licensee under delhi electricity reforms act, 2000. .....

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Apr 01 1998 (SC)

M/S. Hyderabad Vanaspathi Limited Vs. Andhra Pradesh State Electricity ...

Court : Supreme Court of India

Reported in : 1998IVAD(SC)163; AIR1998SC1715; JT1998(3)SC84; 1998(2)SCALE603; (1998)4SCC470; [1998]2SCR620; 1998(1)LC595(SC)

..... obligation to comply with requirement of acts and terms and conditions of supply:i/we further undertake to comply with all the requirements of the indian electricity act, 1910, the electricity (supply) act, 1948 the rules thereunder, provisions of the tariffs scale of miscellaneous and general charges and the terms and conditions of supply prescribed by the board from time to time and agree...i/we hereby agree that if i/we am/are found indulging in theft of energy or any malpractice in respect of use of electrical energy i/we shall pay additional charges as may be levied by the board. ..... any form of appliance, or use the energy supplied to him so as to unduly or improperly to (interfere with-(a) the safety or efficient working of licensee's electric supply lines or other works; or(b) the supply of energy by the licensee to any other person)....section 21 sub-section (4) reads as follows:'(4) where any difference or dispute arises as to whether a licensee has prescribed any appliance or controlled or interfered any appliance or controlled or interfered with the use of energy in contravention of sub-section (1), the matter shall be either referred to an electrical inspector and decided by him, or, if the licensee or consumer so desires, determined by arbitration ..... an electricity act was passed originally in 1903 but it was repealed by the electricity act which amended the law relating to the supply and use of electrical energy. .....

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Jul 05 2007 (TRI)

Rvk Energy Pvt. Ltd. Vs. Central Power Distribution Co. of

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2007)LCAPTEL1222

..... the order reads as follows: exemption from payment of surcharge on the sale or supply of electricity: no surcharge would be required to be paid, in terms of sub-section (2) of section 42 of the act on the electricity being sold by the generating companies with consent of the competent government under clause (c) of sub-section (1) of section 43a of the electricity (supply) act, 1948 (now repealed by the act), and on the electricity being supplied by the distribution licensee on the authorization by the state government under section 27 of the indian electricity act, 1910 (now repealed by the act), till the current validity of such consent or authorization.10. ..... (3) additional surcharge for licensees' obligation to supply as per section 42(4) of the act shall be payable by the consumer allowed open access only if it is conclusively demonstrated that the obligation of a licensee, in terms of existing power purchase commitments, has been and continues to be stranded, or there is an unavoidable obligation and incidence to bear fixed costs consequent to such commitments. ..... in case open access is made available for transmitting electricity to the end- user at a cost which is higher than the cost at which the distribution licensee of the area supplies energy to the consumers, the concept of open access becomes meaningless. .....

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