Court : Karnataka
..... result in power is vested with the kerc under section 86(1)(f) to entertain 1st respondents o.p.against pca proceedings on the other hand, learned counsel for the petitioner submitted that under repeal and savings of the act 1998 and 2003, it is to be noted nothing has been saved under act 1998 and what has been saved under the act 2003 is only schedule no.v relates to the karnataka electricity reforms act, 1999. ..... has been saved is only karnataka electricity reforms act, 1999 under schedule (iii) of section 185 of the act 2003. ..... the karnataka electricity reforms act, 1999 (for short act 1999) was enacted under karnataka act no 25 of 1999 vide gazette dated 21.8.1999 and the electricity act, 2003 (for short act 2003) act no.36 of 2003 vide notification dated ..... (5) karnataka electricity reforms act, 1999 (karnataka act, 25 of 1999) ppa dated2204.1999 14.3 arbitration the above, if any (a) notwithstanding dispute is unable to be resolved by the parties under section 14.1 or section 14.2 within one hundred (100) days after such dispute arises (or such shorter period provided in article 9, then ..... regard to the later development relating to enactment of karnataka electricity reform act, 1999 and electricity act, 2003, article 14 of ppa relates to arbitration is parametria to section 39 of act, 1999. ..... the to refer the matter 64 karnataka electricity reform act, 1999 section 2 relates to definitions sub-section (e) deals with licence as under:-"(e) licence means a license granted under .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... and then the appellant filed a petition before the commission being o.p.no.33 of 2010 under section 40 of karnataka electricity reform act, 1999 read with section 185 of electricity act, 2003 but by the order dated 7.7.2011 which is impugned herein in this appeal, the majority of 2 : 1 held as under :- (a) the appellant satisfies the conditions of at least 26% shareholding in the power plant and more than 51% consumption of electricity generated by the power plant and hence the power plant is a captive power plant and the ..... 162 of 2011 makes the following submissions:- a) the state commission has no jurisdiction to adjudicate any dispute between the chief electrical inspector of the government and the generator with regard to the levy of electricity duty because the karnataka electricity reforms act, 1999 provides that appeal against the decision of the electrical inspector would lie with the government. ..... the provisions of the karnataka reforms act, 1999 which finds its berth in the schedule to the electricity act, 2003 shall continue to be operative only to the extent when any such provision of the act, 1999 does not become repugnant to the provisions of the electricity act, 2003. .....
Tag this Judgment!Court : Karnataka
..... statutes referred to: (1) regulation 4.34 of the karnataka electricity board electricity supply regulations, 1988; (2) sec.49 and 79(j) of the electricity (supply) act, 1948; (3) sec.58 of the karnataka electricity reforms act, 1999; (4) clauses 2.50; 49.00 and 4.12(v) of the karnataka electricity regulatory commission (electricity supply and distribution) code 2000-2001 with effect from 29/3/2001; and (5) sec.56(2) of the electricity act, 2003 (6) rule 53(d) under part-iii schedule-ii of procedure for recovery of tax under the income tax act, 1961 (7) sec.55(g) of the transfer of property act, 1882 authorities relied upon: (1) m/s. ..... karnataka electricity reforms act, 1999, was enacted to provide for the constitution of electricity regulatory commission (the commission) for the state of karnataka and to provide for restructuring of the electricity industry in the state, the corporatisation of keb and the rationalisation of the generation, transmission, distribution and supply of electricity in the state and to provide avenues for participation of private sector entrepreneurs in the electricity industry in the state and generally for taking measures conducive to the development and management of the electricity ..... respect of matters provided interalia under sec.49 and 79 of the electricity (supply) act, 1948, the provisions of the said electricity (supply) act, 1948, would not apply to the extent that specific provisions have been made in the karnataka electricity reforms act, 1999. .....
Tag this Judgment!Court : Karnataka
Reported in : 2012(2)KarLJ73; 2012(2)KantLJ73; ILR2012KAR1572
..... pleadings, while making reference to the provisions of the following statutes and reported opinions:statutes referred to:(1) regulation 4.34 of the karnataka electricity board electricity supply regulations, 1988;(2) sec.49 and 79(j) of the electricity (supply) act, 1948;(3) sec.58 of the karnataka electricity reforms act, 1999;(4) clauses 2.50; 49.00 and 4.12(v) of the karnataka electricity regulatory commission (electricity supply & distribution) code 2000-2001 with effect from 29/3/2001; and(5) sec.56(2) of the electricity act, 2003(6) rule 53(d) under part-iii schedule-ii of procedure for recovery of tax under the income tax ..... karnataka electricity reforms act, 1999, was enacted to provide for the constitution of electricity regulatory commission (the commission) for the state of karnataka and to provide for restructuring of the electricity industry in the state, the corporatisation of keb and the rationalisation of the generation, transmission, distribution and supply of electricity in the state and to provide avenues for participation of private sector entrepreneurs in the electricity industry in the state and generally for taking measures conducive to the development and management of the electricity ..... in respect of matters provided interalia under sec.49 and 79 of the electricity (supply) act, 1948, the provisions of the said electricity (supply) act, 1948, would not apply to the extent that specific provisions have been made in the karnataka electricity reforms act, 1999. .....
Tag this Judgment!Court : Delhi
Reported in : 126(2006)DLT49
..... the karnataka electricity reform act, 1999 (karnataka act no. ..... (iv) the schedules to the indian electricity act, 1910 (central act 9 of 1910) shall be applicable only with reference to the provisions in this act wherein the applications of the schedules are specified and not otherwise.the electricity (supply) act, 1948(v) all references to state electricity board in the electricity (supply) act, 1948 (central act 54 of 1948) insofar as the national capital territory of delhi is concerned shall be read as references to the delhi electricity regulatory commission or the companies established under section 14 or other licensees or where it relates to general policy matters ..... that nothing in sections 3 to 11, sub-sections (2) and (3) of section 21 and section 22, sub-section (2) of section 22a and sections 23 and 27 of that act or in clauses 1 to v, clause ix to xii of the schedule to that act relating to the dues and obligations of a licensee shall apply to the board:provided further that the provisions of clause vi of the schedule to that act 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 .....
Tag this Judgment!Court : Delhi
Reported in : 2007(3)ARBLR449(Delhi); 142(2007)DLT687
..... the karnataka electricity reform act, 1999 (karnataka act no. ..... this is argued on the basis of part vi of delhi electricity reforms act, 2000 which deals with the licensing and it is provided in clause 20(6) that the provisions contained in the schedule to the indian electricity act, 1910 shall be deemed to be incorporated and shall form part of the every supply license granted under this part, except where they have been expressly varied or excepted. ..... this schedule and delhi electricity reforms act, 2000 were saved by section 185 of the electricity act, 2003, so a minimum notice of 12 months was required. ..... it is thus, argued by the counsel for petitioner that petitioner was a licensee under delhi electricity reforms act, 2000 and was thereforee, governed by the schedule to the indian electricity act, 1910. ..... during the arguments, the counsel for petitioner submitted that the agreement between the petitioner and the respondent was governed by the schedule to indian electricity act, 1910, since, the petitioner was a licensee and in terms of the clause 9(iv) of the schedule, a minimum of 12 months notice in writing was required to be given by the respondent for terminating the license. ..... it is argued by the counsel for petitioner that since provisions of delhi electricity reforms act, 2000 which are consistent with the electricity act, 2003 have not been repealed and are still valid, the schedule to indian electricity act, 1910 shall be valid. .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(1)AWC1002
..... the karnataka electricity reform act, 1999 (karnataka act no. ..... for the determination of the revenue and tariffs and, in doing so, the commission shall he guided by the following, namely:(a) the financial principles and their application provided in sections 46, 57 and 57-a of the electricity (supply) act, 1948 and in the sixth schedule thereto;(b) the factors which would encourage efficiency, economical use of the resources, good performance, optimum investments, observance of the conditions of the licence and other matters which the commission may consider ..... (d) all rules made under sub-section (1) of section 69 of the electricity (supply) act, 1948 (54 of 1948) shall continue to have effect until such rules rescinded or modified, as the case may be;(e) all directives issued, before the commencement of this act, by a state government under the enactments specified in the schedule shall continue to apply for the period for which such directions were issued by the state ..... (a) the word 'licensee' shall include a person authorised to transmit, sell, distribute or supply electricity;(b) 'the expected revenue from charges' means the revenue which a licensee is expected to recover from charges on supply forecast used in the determination of tariff under sub-section (4); and(c) 'tariff' means a schedule of standard prices or charges for specified services, which are applicable to all such specified services, provided to the category or categories of customers specified in the tariff .....
Tag this Judgment!Court : Supreme Court of India
..... karnataka electricity reform act, 1999 (karnataka act no.25 of 1999 ..... provided that in doing so the commission shall be bound by the following parameters: (a) the financial principles and their applications provided in the sixth schedule to the electricity (supply) act, 1948 read with sections 57 and 57- a of the said act; (b) the factors which would encourage efficiency, economic use of the resources, good performance, optimum investments performance of licence conditions and other matters which the commission considers ..... 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 (54 of 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, by a state government under the enactments specified in the schedule shall continue to apply for the period for which such ..... manner specified by the appropriate commission; (h) the promotion of co-generation and generation of electricity from renewable sources of energy; (i) the national electricity policy and tariff policy: provided that the terms and conditions for determination of tariff under the electricity (supply) act, 1948 (54 of 1948), the electricity regulatory commissions act, 1998 (14 of 1998) and the enactments specified in the schedule as they stood immediately before the appointed date, shall continue to apply for a period .....
Tag this Judgment!Court : Supreme Court of India
..... (ii) whether there existed a binding contract between the appellant and the kptcl on the tariff prior to commencement of karnataka electricity reform act, 1999 with effect from 01.06.1999, in terms of explanation to section 19 and proviso to section 27(2) of the act?. ..... be guided by the following factors, namely:- (a) the financial principles and their applications provided in sections 7 and 57-a of the electricity (supply) act, 1948 (54 of 1948) and in the sixth schedule thereto; (b) in the case of the board or its successor entities, the principles under section 59 of the electricity (supply) act, 1948; (c) that the tariff progressively reflects the cost of supply of electricity at an adequate and improving level of efficiency; 69 (d) the factors which would encourage efficiency, economical use of the resources, good ..... (3) where the commission departs from factors specified in the sixth schedule to the electricity (supply) act, 1948 (central act 54 of 1948) while determining revenue of the licensee and tariffs, it shall record the reasons therefor in writing. ..... since sub- 76 section (2) limits the power, with reference to sub- section (3), we may only notice that section 27(3) obliges the commission to record reasons, when it departs from the factors specified in the sixth schedule to the electricity (supply) act, 1948 in determining the revenue and the tariffs. .....
Tag this Judgment!Court : Karnataka
..... question is a title dispute requiring the matter to be referred to the civil court; ii) whether the matter relates to dispute pertaining to inheritance; iii) whether the dispute relates to revenue entries; iv) whether the dispute relates to klr act, inam abolition act, ptcl act or karnataka land reforms act; v) whether the dispute relates to survey work and incidental thereto; 4. ..... the tahsildar, assistant commissioner and deputy commissioner relate proceedings under the karnataka land revenue act, inams abolition act, ptcl act and karnataka land reforms act. ..... 157 and ultimately, the higher authorities shall ensure speedy disposal of the proceedings; v) consideration of application for change of khatha or mutation/entries and appeals/revisions under the karnataka land revenue act, shall be included in the schedule to the karnataka guarantee of services to citizens act 2011; vi) the government with an object of ensuring speedy disposal of revenue cases including rrt proceedings has to implement revenue court case monitoring system (rccms) and the same ..... writ to legislate (xii) khazan singh (dead) by lrs vs- gurbhajan singh and others reported in 2007 (3) scc169(para16) (xiii) binani zinc limited vs- kerala state electricity board and others reported in 2009 (11) scc244(para 25 & 26)- court cannot issue writ to legislature to law. ..... the apex court in the case of binani zinc limited vs- kerala state electricity board reported in (2009) 11 scc244at paragraphs-25 and 26, it has been held .....
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