Judgment Search Results Home > Cases Phrase: indian electricity act 1910 repealed section 22 obligation on licensee to supply energy Page 3 of about 241 results (0.116 seconds)

The Gujarat Electricity Board Vs. Shantilal R. Desai

Court : Supreme Court of India

Reported in : AIR1969SC239; (1969)GLR349(SC); [1969]1SCR580

..... section 71 of the electricity (supply) act, 1948 provides:'rights and options to purchase under act 9 of 1910 to vest in board-where under the provisions of the indian electricity act 1910 (9 of 1910), any right or option to purchase the undertaking of a licensee vests in the state government or a local authority such right or option shall be deemed to be transferred to the board, and shall be exercisable by the board in accordance with the provisions of the said act applicable to the exercise of such right or option by the state government or a local authority, as the case may be. ..... that being so section 6 of the general clauses act comes to the aid of the appellant- that section provides that where that act or any central act or regulation made after the commencement of that act repeals an enactment hitherto made or hereafter to be made then unless a different intention appears, the repeal shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed. ..... , the respondent filed an application under art- 226 of the constitution in the high court of gujarat seeking directions to the appellant to forbear from compelling him to sell or deliver his undertaking, refrain the appellant from ceasing to supply electricity to him for the purpose of his said undertaking and also refrain the appellant from preventing him from supplying electric energy in the area mentioned in his licence. .....

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 the 1910 act, the supply act, and the electricity regulatory commission act, 1998.all the said three acts were repealed, and consolidated in one enactment, namely the electricity act 2003 ..... 2017 & connected matters page 29 of 52 in calculating his taxable turnover, a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 .....

Thirumangalam Agricultural Producers Co.Op Marketing Society Ltd. Vs. ...

Court : Chennai

..... further section 185 of the tamil nadu electricity act, 2003 under the caption repeal and saving, speaks as follows:- (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.2. ..... 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 under section 53 of this act are made;(d). ..... 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). ..... only in case where there is no tampering of meter, section 26 (6) of the indian electricity act, 1910 will apply and not when there is tampering of meter and theft of electricity in the considered opinion of this court.50. ..... any consumer who dishonestly abstracts or uses energy shall be deemed to have committed theft within the theft within the meaning of indian electricity act, 1910 as amended by the tamil nadu government and the indian penal code and the existence of artificial means for such abstractions shall be prima facie evidence of such dishonest abstraction. ..... the right to file a suit is a matter of option given to the licensee, the electricity board. .....

Mrs. Madhu Garg and anr. Vs. North Delhi Power Ltd.

Court : Delhi

Reported in : 124(2005)DLT688

..... 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 purpose of receiving electricity with the works of a licensee, the ..... it was observed that section 24 of the electricity act relieves the licensee of its obligation under section 22 to supply energy if the consumer has not paid the charges for electricity already supplied. ..... a charge for energy, due from him to a licensee in respect of the supply of energy to him, the licensee may, after giving not less than seven clear days notice in writing to such person and without prejudice to his right to recover such charge or other sum by suit, cut off the supply and for that purpose cut or disconnect any electric supply-line or other works, being the property of the licensee, through which energy may be supplied, and may discontinue the supply until such charge ..... reference to the definitions of 'consumer' and 'occupier' were made, as also section 22, dealing with the obligation of the licensee to supply energy. .....

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. .....

Venkataraya Fibres Pvt. Ltd. Rep. by Its Executive Director Vs. State ...

Court : Andhra Pradesh

Reported in : 2008(3)ALT48

..... into force of the 2003 act, the electricity (supply) act, 1948 and the indian electricity act, 1910 were repealed. ..... 3.4.1999 and was vested the power (including under section 86 of the electricity act 2003 ('the 2003 act')] to promote generation of electricity from renewable sources of energy, to determine tariff for power supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be, within the state and to regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall be procured from generating companies, licensees or from other sources through agreements for purchase for ..... formalities relating to inspection and testing of the petitioner's plant and equipment by the electrical inspector will have to be complied with; and(d) the 2nd respondent is obligated to purchase the power supplied by the petitioner in accordance with the tariff terms as set out in article/clause 2.2 of the power purchase agreement dated 22.9.2003 (as modified by the ap electricity regulation commission as per the directives contained in the letter of consent dated 31.12.2003 ..... in terms, clause 3.6 of the ppa obligates the aptransco (and the 2nd respondent as the successor-in-interest of the aptransco) to supply energy to the petitioner's project for any purpose, during the period prior to the commercial operation date and on the request of the petitioner, on the terms and conditions and at the tariff rates .....

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. .....

Tamilnadu Generation and Distribution Corporation Limited, Represented ...

Court : Chennai

..... provisions of the act, in exercise of the powers conferred under section 178, read with section 79(1)(h) of the electricity act, 2003, the central commission has issued the central electricity regulatory commission (indian electricity grid code), regulations ..... state of tamilnadu is a result of the cumulative and prolonged inaction on the part of the petitioner to make the necessary arrangements, to supply sufficient power, considering the consumer demands in the state, by procuring sufficient power from the various power generating and transmitting agencies. ..... the harnessing of power through effective power market mechanisms, including the participation of small captive power plants and renewable energy producers, a major grid failure has also been averted by ensuring strict compliance of the electricity grid code and the ui regulations and due to the implementation of the various special protection schemes ..... 3.5.2010, repealing the indian electricity grid code, ..... its application, the rights and obligations arising out of it, its intended effect on past, present and future events, its form, the manner of its promulgation are some factors which may help in drawing the line between legislative and non-legislative acts ..... section 79 of the act, include the regulation of inter-state transmission of electricity, specification of grid code, having regard to the grid standards, specification and enforcement of standards, with respect to quality, continuity and reliability of service, by the licensees .....

Rajasthan State Electricity Board Vs. P.P. Industries

Court : Rajasthan

Reported in : AIR2006Raj168

..... the points which require consideration in the instant case, are as follows:(1) whether the matter required adjudication by the electrical inspector under section 26(6) of the indian electricity act when it was complained by the plaintiff that the meter was not functioning properly and for that matter for the change of the meter a sum of rs. ..... shall estimate the amount of the energy supplied to the consumer or the electrical quantity contained in the supply, during such time, not exceeding six months, as the meter shall not, in the opinion of such inspector, have been correct; but save as aforesaid the register of the meter shall, in the absence of fraud, be conclusive proof of such amount or quantity:provided that before either a licensee or a consumer applies to the electrical inspector under this sub-section, he shall give to the other ..... whether it was required for the defendant to have referred the dispute relating to slow running of the meter to the electrical inspector under section 26(6) of the indian electricity act and to proceed as per his decision because even if the meter was showing less electricity consumption then too the defendant could not recover the amount for more than six months' period?6. ..... the right to raise additional bills stands lost by the appellant for its failure to proceed in accordance with section 26(6) of the electricity act, 1910.30. .....

Nand Ram Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 1980WLN(UC)336

..... his conviction under section 39 of the indian electricity act, 1910, as well as under section 342 of the indian penal code, is upheld. ..... the first contention of the learned counsel for the accused-appellant is shat for an offence under section 39 of the indian electricity act, 1910, a prosecution can only be instituted against a persuant the instance of the government of the electrical inspector or any 'person aggrieved'. ..... dishonest abstraction, consumption, or use of electric energy it deemed to mean a theft within the meaning of section 39 of the act. o. p. ..... it can, therefore, be said that there was dishonest abstraction of energy, and as such, under section 39 of the act, there was a prima facie offence of abstraction of energy by the accused-appellant. ..... it was not even challenged before the trial court that the accused appellant was not consumer of electric energy. ..... respondents : 1966crilj697 have held that where the consumer of electric energy break the seal of the meter and exposes the stud-hole permitting the insertion of foreign material inside the meter retarding the rotation of the in(sic)ide disc, the exposure amounts to an 'artificial means' within meaning of section 44(c) for preventing the meter from duly registering the energy supplied. ..... it can, therefore, be said that in the instant case, because a wire had actually been introduced through the minute hole in the meter it was an artificial means for abstraction of energy. .....