Judgment Search Results Home > Cases Phrase: indian electricity act 1910 repealed section 22 obligation on licensee to supply energy Court: allahabad Page 1 of about 12 results (0.084 seconds)

Sri Bhagwan Gupta Vs. Kanpur Electricity Supply Company Ltd. and ors.

Court : Allahabad

Reported in : 2005(2)AWC1269

..... 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 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 until such rules ..... (4) any person served with the order of provisional assessment may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him :provided that in case the person deposits the assessed amount, he shall not be subjected to any further liability or any action by ..... after considering the submission recorded a finding that it cannot be ascertained as to from what date the theft of electricity energy has extracted hence factor 'd' 180 days were taken. ..... the relevant part of the tariff quoted above shows that in the cases of theft of electricity or dishonest abstraction of electrical energy the assessment for compensation has to be done on the basis of a formula wherein 'd' stands for number of days for which the pilferage took place and where there is no possible evidence to establish the period .....

Maa Vind Vasini Industries (a Partnership Concern Registered Under the ...

Court : Allahabad

Reported in : 2008(1)AWC1002

..... section (2), the mention of particular matters in that section, shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 (10 of 1897), with regard to the effect of repeals.this clause seeks to repeal 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) and save certain matters specified in that clause.the scheduleenactments(see sub-section (3) of section ..... act for-(a) supply of electricity by a generating company to a distribution licensee:provided that the appropriate commission may, in case of shortage of supply of electricity, fix and minimum and maximum ceiling of tariff' for sale or purchase of electricity in pursuance of an agreement entered into between a generating company and a licensee or between licensees, for a period not exceeding one year to ensure reasonable prices of electricity;(b) transmission of electricity;(c) wheeling of electricity;(d) retail sale of electricity:provided that in case of distribution of electricity ..... thus it is evident that once independent companies have come into existence, rights, property and obligations have also vested therein separately, they are all totally separate and individual bodies and have to ..... the statutory provisions with respect to generations, distribution and transmission of electrical energy, as prevailed earlier and have undergone various changes later on bringing .....

M/S. Mohit Paper Mills Ltd. and Another Pvvnl and Others

Court : Allahabad

..... section 185 of act 2003, except to the extent provided therein, repealed indian electricity act, 1910, electricity (supply) act, 1948 and electricity regulatory commissions act ..... to file a case before the special court within 30 days of disconnection, it shall be constitute that the licensee has failed to achieve and maintain the standards of performance, and the aggrieved consumer can directly approach the commission for the failure of licensee in discharging its obligation under section 57 of the act and the authorised officer of licensee or supplier shall restore supply on interim payment of assessed amount calculated at 1.0 times of existing tariff, less payment already made by the ..... of such offence in police station having jurisdiction within twenty-four hours from the time of such disconnection: provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, restore the supply line of electricity within forty-eight hours of such deposit or payment. ..... earlier there was no obligation on the licensee to initiate criminal proceedings when a person is found indulged in theft of electrical energy but the amendment made by act 26 of 2007 second proviso to sub-section (1) of section 135 has made the lodging of report to police within 24 hours from the .....

Commissioner of Income-tax Vs. Saharanpur Electric Supply Company Ltd.

Court : Allahabad

Reported in : [1977]109ITR545(All)

..... been denned in sub-section (6) of section 43 of the act as follows :' (6) ' written down value' means- (a) in the case of assets acquired in the previous year, the actual cost to the assessee; (b) in the case of assets acquired before the previous year, the actual cost to the assessee less all depreciation actually allowed to him under this act, or under the indian income-tax act, 1922 (xi of 1922), or any act repealed by that act, or under any executive ..... income-tax officer can go back does not stop at the written down value of the previous year but extends up to the figure of the original cost, and the method enjoined by section 10(5)(b) is not that the income-tax officer should merely scale down the written down value of the previous year but that he should take into consideration the actual cost, determining it for ..... : [1954]26itr89(patna) , the effect of this decision of the bombay high court was nullified by amending section 10(5)(c) of the indian income-tax act, 1922, by adding a new explanation in the following terms :'for the purposes of this sub-section, the expression 'actual cost' means the actual cost of the assets to the assessee reduced by that portion of the cost thereof, if any, as has been met directly or indirectly by government ..... is a limited company which was running an electricity supply undertaking at saharanpur. ..... electric supply ..... electric supply ..... lines installed by the assessee to give electrical connection to consumers of -electricity up to march 31, 1961.3. .....

Rangesh Sharma and anr. Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 1990CriLJ861

..... indian electricity act 1910 (act ix of 1910) was enacted to amend the law relating to supply and use of energy ..... unceremonious the submission may be the fact remains and is to be examined as to whether the applicants deserve protection as engrained under section 56 of the indian electricity act and section 82 of the electricity supply act.13. ..... provisions of section 56 of the indian electricity act are identical to section 82 of supply act. ..... section 56 of the indian electricity act clearly provides that no suit, prosecution or other proceedings shall lie against any public officer or any servant of the local authority for anything done in good faith purporting to be done under this act ..... section 56 of the indian electricity act 1910 (act ix of 1910) provides protection for acts done in good ..... state electricity board is a body incorporated having been constituted under section 5 of the electricity (supply) act 1948 (act 54 of ..... section 82 of the electricity (supply) act provides such protection to persons acting under this act and it is reproduced ..... 'section 81 of the electricity (supply) act thus enjoins that all the members, officers and other employees of the board shall be public servant within the meaning of section 21 of ..... the protection provided to members or officers or other employees of the board under section 82 of the electricity (supply) act. ..... section 81 of the electricity supply act which defines members, officers and servants of the board to be public servants is recited herein .....

Panchsheel Poly Clinic/Nursing Home and Another Vs. District Magistrat ...

Court : Allahabad

Reported in : 1998(2)AWC1328

..... such power under section 20 does not depend on the adjudication of correctness of the meter and other apparatus by the electrical inspector on a reference under section 26(6) of the electricity act. ..... sri ashok khare has submitted that in view of section 26(6) of the act, the bills for such period could not be issued as there was no determination of dispute by electrical inspector and even if such a dispute was decided by him, he could not estimate the amount of energy supplied for a period beyond six months. ..... a licensee is authorised under sub-section (7) of section 26 to place, in addition to the meter installed in the premises of consumer as referred to in sub-section (1) of section 26, other meter or apparatus as the licensee deem fit for the purpose of recording or regulating the amount of energy supplied to the consumer. ..... clause (a) of sub section (1) of section 20 authorises the licensee to enter the premises of the consumer for inspecting, testing, repairing or altering the .supply lines, meters, fittings and apparatus for the supply of energy belonging to the licensee. ..... 1.71,306 as the dispute had neither been referred nor it had been decided by the electrical inspector as contemplated by section 26(6) of indian electricity act (hereinafter referred to as the act). .....

Kamala Shanker Upadhya Vs. State Electricity Board, U.P. and anr.

Court : Allahabad

Reported in : AIR1977All185

..... section 26 of the indian electricity act, 1910 provides that the amount of energy supplied to a consumer shall be ascertained by means of a correct meter. ..... perhaps none, that is why sometimes incorrect or even positively false bills are issued which the helpless consumer is obliged to pay or face penal consequences, this is the root cause of the real and persisting grievance of the consumers which can be redressed by scrupulously observing the provisions of section 26 of the indian electricity act, 1910. ..... sub-section (4) of section 26 of the indian electricity act, 1910 in so far as it is relevant for the present case, reads as follows:'the licensee or any person duly authorised by the licensee shall, at any reasonable time and on informing the consumer of his intention, have access to, and be at liberty to inspect and test, and for that purpose, if he thinks fit, take off and remove, any meter referred to in sub-section (1); and except where the meter is so hired as aforesaid, all reasonable expenses of and incidental to, such inspecting ..... the board shall, in respect of the whole state have all the powers and obligations of a licensee under the indian electricity act, 1910 (ix of 1910) and this act shall be deemed to be the licensee of the board for the purposes of that act...... ..... board to have powers and obligation of licensee under act ix of 1910. .....

Dinesh Kumar Nigam Vs. Kanpur Electric Supply Administration and Other ...

Court : Allahabad

Reported in : 2000(4)AWC3265; (2000)3UPLBEC2525

..... a consumer shall not connect any meter referred to in sub-section (1) with any electric supply-line through which energy is supplied by a licensee or disconnect the same from any such electric supply-line. ..... section 39 of the electricity act as amended by our state reads thus :'39 ..... section 26 of the electricity act reads thus :'26 ..... as described in the writ petition rather an employee of the state government appointed under section 36 of the indian electricity act) for finding fault with the meter which in view of the ratio decidendi laid down by the apex court in m.p.e.b. v ..... where under section 39(1)(b) and sub-section (2) of the act, there is a presumption that in such an event, the consumer will be presumed to have committed theft of energy. ..... it is also evident from the said provision that till the decision is made no supplementary bill can be prepared by the board estimating the energy supplied to the consumer, as theboard is not empowered to do so by the said act. ..... it is only the dispute as to whether the meter is not correct or it is inherently defective or faulty not recording correctly the electricity consumed, can be decided by the electrical inspector under the provisions of the said act.10. ..... my opinion, the legislative intent underlying section 26(6) of the act is similar. ..... such a dispute regarding the commission of fraud in tampering with the meter and breaking the body seal is outside the ambit of section 26(6) of the said act. ..... (supra) interpreting section 26 of the act :'9. .....

State Electricity Board, U.P. Banda Vs. Prakash Talkies

Court : Allahabad

Reported in : AIR1977All460

..... on to hold that under section 24(1) of the act the appellant was authorised to cut off the supply of energy after giving seven days' clear notice in writing, where any person neglects to pay any charge for energy due from him but by reason of sub-section (2) of section 24 of the act 'where any difference or dispute, which by or under this act is required to be determined by the electrical inspector, has been referred to the inspector before notice, as aforesaid, has been given by the licensee, the licensee shall not exercise ..... the powers conferred by this section, until the inspector gives ..... ' the learned single judge took the view that under sub-clause (3) of clause vi of the schedule to the indian electricity act, 1910 (hereinafter referred to as the act) where any difference or dispute arises as to the improper use of energy the matter shall be referred to an electrical inspector and decided by him. .....

Union of India (Uoi) Vs. Mohamad Usman

Court : Allahabad

Reported in : AIR1965All269

..... the fourth schedule to the arbitration act shows that certain provisions of the religious endowments act, 1863, the specific relief act, 1877, the indian electricity act, 1910, and the indian companies act, 1913 were also amended. ..... kunzru for the respondent countered this argument and urged that section 8, general clauses act, applies only when the enactment actually refers or cites the repealed enactment and, secondly, that in the arbitration act, which repealed and re-enacted the second schedule to the code, a different intention appears. ..... , air 1953 sc 357 at page 360 (paragraph 9), the supreme court held that the canon of construction enunciated in section 38, interpretation act, and reiterated witn some modifications in section 8, general clauses act, is one of the general application where statutes or acts have to be construed and that there is no justification for holding that the principles of construction enunciated in those provisions will apply only where these provisions in terms are inapplicable.22. ..... wag invalid, that the application was barred by article 181, indian limitation act, and that the plaintiff had been paid in full for the supplies made by him and nothing was due.4. ..... mohammad usman, the plaintiff-respondent, on 8-3-1945 entered 11 to a contract with the union of india to supply meat to the military regiment between 1-4-1945 and 31-3-1946. ..... the plaintiff alleged that he made the requisite supplies, but was not fully paid. .....