Judgment Search Results Home > Cases Phrase: indian electricity act 1910 repealed section 22 obligation on licensee to supply energy Court: jharkhand Page 1 of about 6 results (0.037 seconds)

Bibi Jamila and anr. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(3)JCR293(Jhr)]

..... in view of the constitutional right one does have under article 300-a of the constitution vis a vis, right conferred to the corporation by the governor of bihar under section 51 of the indian electricity act to put construction of the transmission tower and to lay transmission line under section 10 to 19 of the telegraph act and also keeping in view the provisions of section 10-d of the telegraph act whether the person on whose land the transmission tower was constructed will have right to get compensation? ..... their lordships after taking into consideration the various provisions of the indian electricity act as well as indian telegraph act and also regard being had that the right to property no longer remains a fundamental right after repeal of article 19(1)(f) and 31 of the constitution by 44th constitutional amendment though one has now got only constitutional right by virtue of the provisions of article 300-a of the constitution, answered the ..... there is no fundamental right to property after repeal of articles 19(1)(f) and 31 of the constitution ..... aforesaid propositions of law laid down by this court, it would be open for the petitioners to claim compensation before an appropriate authority under the act on account of any detriment or damage to their properties on account of exercise of the power by the corporation or its employees under the provisions of indian electricity act read with indian telegraph act which shall be decided by the authority in accordance with law.8. .....

Tata Steel Ltd. and ors. Vs. Jharkhand State Electricity Board and ors ...

Court : Jharkhand

Reported in : AIR2008Jhar60; 2008(56)BLJR412; [2008(1)JCR580(Jhr)]

..... act repealed the indian electricity act, 1910, the electricity (supply) act, 1948 and the; electricity regulatory commission act, ..... from the plain reading of section 56 of the electricity act, 2003, it is evident that sub-section (1) thereof gives power to the licensee or the generating company to cut off the supply of electricity or disconnect any electric supply line and discontinue the supply where the consumer neglects to pay any charge for electricity or any sum other than the charge for electricity due from him to a licensee or generating company in respect of supply, transmission, distribution or wheeling of electricity to him after giving him not less than 15 days clear ..... been constituted under section 17 of the electricity regulatory commission act, 1998 vide notification dated 22nd august, 2002 issued by the department of energy, government of ..... clearly indicates that for the entire consumption in excess of the defined load factor, rebate is to be provided for energy charges for such excess consumption which has been indicated in the table (5.33). ..... the entire consumption is in excess of the defined load factor, the rebate is provided on the energy changes for such excess consumption. ..... rebate was intended to encourage the consumption and was to be given on the consumption in excess of the defined load factor rebate and on energy charge for such excess consumption. ..... in excess of this defined load factor, a rebate is provided on the energy charges for such excess consumption. .....

Hari Bansh Lal Vs. State of Jharkhand and Ors.

Court : Jharkhand

..... section 2 (58) repealed laws means the indian electricity act, 1910, the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998 repealed by section 185; section 131 deals with the vesting of property of board in the state government and the ..... refer to the government of jharkhand letter dated 13.12.2008 on the subject mentioned above and to state that, in view of state's request and the prevailing circumstances, in pursuance of section 172(a) of the electricity act, 2003, it has been decided by the central government to agree for the continuation of jharkhand state electricity board (jseb) as the state transmission utility and a licensee upto 15.06.2009 beyond 31.10.2008, to enable to state government to complete the unbundling process. ..... that during the pendency of the writ petition an advertisement was got published in a daily news paper dainik bhaskar on 13.09.2015 from the office of the principal secretary, energy department, government of jharkhand vide notification no.1/board/-01-urja-26/2013 (khand) 2164 dated 24.08.2015 inviting applications from the eligible candidates for the post of chairman- cum-managing director ..... copied hereunder:- no.25/23/2004-r&r government of india ministry of power shram shakti bhawan, rafi marg new delhi, the 20th february, 2009 the secretary (energy), government of jharkhand, nepal house, ranchi (fax no.0651-2491002) sub: continuation of jharkhand state electricity board (jseb) upto 15.6.2009 beyond 31.10.2008. .....

Jharkhand Electricity Board Through Its Law officer Shri a K Srivatav ...

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 ..... 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 ..... reported in 2009 (3) jljr620 the vidyut upbhokta shikayat nivaran forum (vusnf) accepted the challenge by the consumer to the energy bills raised by the jharkhand state electricity board (jseb) and directed the jseb to revise the bills, which direction was affirmed by the electricity ombudsman and aggrieved thereof, the jseb unsuccessfully approached the writ court and the order passed by the learned single judge was taken in appeal before the hon ..... contract demand means demand in kilowatt (kw) or kilo volt amperes (kva) as mutually agreed between the distribution licensee and the consumer and as entered into agreement or agreed through other written communication. .....

Dasrath Prasad Agrawal Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(2)JCR394(Jhr)]

..... --(1) save as otherwise provided in this act, the indian electricity act, 1910 (9 of 1910), the electricity (supply) act, 1948 (51 of 1948) and the electricity regulatory commissions act, 1998 (14 of 1998) are hereby repealed. ..... having regard to the facts and circumstances of the case, i find that the electricity act, 2003 bears the provisions of compounding of offences as contained in section 152, electricity act, 2003 and section 185 of the said act contains saving and the repeal of the certain provisions of the old act as referred above. ..... 2 is silent about the application of the new electricity act, 2003 in view of section 185 of the electricity act, 2003 which repeals the earlier enactment as referred to hereinabove. mr. ..... dey, learned counsel by way of reply submitted that section 185 of the electricity act, 2003 deals with repeal and saving clauses which speaks:repeal and saving. ..... the petitioner by invoking the inherent jurisdiction of this court under section 482, cr pc has prayed for the quashment of the entire criminal proceeding, including the order impugned dated 12.9,2000 whereby cognizance of the offence was taken under section 379, ipc as also under sections 39/44 of the indian electricity act against him in ramgarh p.s. .....

Aditya Rice Mills Pvt. Ltd. Vs. Jharkhand State Electricity Board and ...

Court : Jharkhand

Reported in : 2009(57)BLJR1769; 2009LC(JH)320; [2009(2)JCR425(Jhr)]

..... referring to the provisions of sections 135 of the electricity act read with section 126 of the electricity act, learned counsel argues that it was within the authority and competence of the respondent board to disconnect the electric supply on detection of the pilferage of the electricity committed by the petitioner. ..... to be applied in accordance with the tariff prevalent in 1993, has since been repealed by notification issued by the respondent jseb by way of electricity (removal of difficulties order), 2005.inviting attention to the impugned circular (annexure-5) issued by the jseb on 29.1.2009, addressed to all general manager-cum-chief engineers, all electrical superintending engineers, all electrical executive engineers, all assistant executive engineers and al assistant electrical engineers, learned counsel submits that by this circular, the respondent board has ..... 2 also, on the ground that since after enactment of electricity act, 2003 and the constitution of the state electricity regulatory commission, the entire activities of the licensees are to be regulated by the commission. ..... the petitioner being a company incorporated under the indian companies act, 1956, had obtained ht electric connection from the respondent electricity board and has been availing the contract demand of 200 kva of electric energy. .....

Ram Kumar Lal Vs. State of Jharkhand and Anr.

Court : Jharkhand

..... the learned counsel for the petitioner that there is no concept of vicarious liability under the indian forest act and the director of the company cannot be made vicariously liable for any offence committed by the company itself, reference has been made to the judgments in the case of maharashtra state electricity distribution company limited and another v. ..... in the case of maharashtra state electricity distribution company limited (supra) it ..... in our opinion, neither section 192 ipc nor section 199 ipc incorporate the principle of vicarious liability, and therefore, it was incumbent on the complainant to specifically aver the role of each ..... in the name of the company, even if the appellant was its managing director, he cannot be said to have committed an offence under section 406 of the penal code. ..... dated 13.6.2001 passed by the learned chief judicial magistrate, chas, whereby and whereunder, cognizance has been taken for the offence punishable u/s 33 of the indian forest act is quashed. ..... been said to be made vicariously liable for the alleged offence u/s 33 of the india forest act although there is no concept of vicarious liability in the statute itself. ..... 07 of 2002 an application under section 482 of the code of criminal procedure, 1973 ram kumar lal ..... in the prosecution report is concerned, save and except inclusion of the name of the petitioner in the column of accused, there is no specific or direct allegation against him of committing any offence u/s 33 of the indian forest act . .....

Jamshedpur Utilities Services Company Limited Through Its Authorized S ...

Court : Jharkhand

..... and has been created for providing civic amenities to the residents of jamshedpur like supply of electricity, water and planning of the town and keeping and maintaining the gardens and construction of road in the township . ..... 6148 of 2017 jamshedpur utilities services company limited, a company registered under the provisions of indian companies act having its office at sakchi boulevard road, p.o. ..... if there is power to decide and determine to the prejudice of a person, duty to act judicially is implicit in the exercise of such power. ..... 699, dated 29.03.2017 and thereby admitted its unlawful act of illegal storage of minerals and its trading.3. ..... duty to act judicially would, therefore arise from the very nature of the function intended to be performed: it need not be shown to be superadded. .....

Damodar Valley Corporation and anr. Vs. Jharkhand State Electricity Bo ...

Court : Jharkhand

Reported in : [2003(4)JCR371(Jhr)]

..... section 18 of the act provides as under :'notwithstanding any thing contained in the indian electricity act, 1910 (ix of 1910) or any licence granted thereunder- (i) no person shall, without the permission of the corporation- (a) sell electrical energy to any consumer in the damodar valley where the energy is taken by the consumer at a pressure of 30,000 volts or more; (b) transmit electrical energy in the damodar valley at a pressure of 30,000 volts or more; (c) generate any electrical energy at an installation having an aggregate capacity of more than 10,000 kilowatts in any part of the damodar valley lying to the north of a straight ..... 5 is an erstwhile defaulting consumer of the corporation and its power supply was disconnected by the corporation, but nevertheless the jharkhand state electricity board effected supply of energy at 33 kva illegally to the said consumer. ..... it availed said supply of energy for its units and the corporation raised bills from time to time for consumption of electricity at 33,000 volts. ..... the corporation sent letters dated 14.9.2001 and 1.10.2001 (annexures 5 and 5/a) to the chief engineer (commercial) and member technical of the electricity board protesting the aforesaid illegal supply of 33 kv power within damodar valley area, which includes basin of the damodar river and its tributaries.9. .....

Laxmi Ram ? Lachmi Narayan Ram Vs. State of Bihar

Court : Jharkhand

..... to the court of session, charge was framed against the appellant laxmi ram @ lachmi narayan ram for the offences under section 302 of the indian penal code and section 27 of the arms act, whereas against the other two appellants, for the offences under sections 302 / 34 of the indian penal code and section 35 of the arms act, and upon the accused persons' pleading not guilty and claiming to be tried, they were put to trial. ..... , the junior electrical engineer, who has stated that at that time, the electric supply was disrupted. ..... at the time of occurrence it had rained and it was complete dark and there was no supply of electricity in that area, which is proved by d.w. ..... report, submitted by him to the higher officials about the interruption in supply of electricity, which was marked exhibit-b.14. d.w. ..... singh, who was the junior electrical engineer and he had produced the interruption register in the court, on the basis of which, he deposed that on 11.3.1990 there were disruptions in electric supply from 7.00 p.m. to 7.05 ..... has claimed to be the eyewitness to the occurrence, but he has stated that at the time of occurrence, he was standing near the electric pole, which was at a distance of five steps from the tea shop of awtar singh and betel shop of gopal ram, but the investigating officer has clearly stated in his evidence that the electric pole was situated at a distance of about 7 feet. ..... that at the time of the occurrence, it was complete dark and there was no supply of electricity. .....