Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 1 short title and commencement Court: appellate tribunal for electricity aptel Page 2 of about 154 results (0.384 seconds)

Global Energy Limited Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2007)LCAPTEL1350

..... ltd., a sister concern of the appellant, before board for industrial and financial reconstruction (bifr) in a petition under the sick industrial companies (special provisions) act, 1986 for re-habilitation and resuscitation of belgundi cements ltd. and the appeal paper book filed before the appellate authority for industrial and financial reconstruction (aaifr ..... provisions. the learned senior counsel also highlighted the fact that labour enforcement officer (central) had even filed a complaint under section 22a of the minimum wages act, 1948 against the gea energy system (india) ltd. for violation of the provisions of the minimum wages (central) rules, 1950. the upshot of his ..... has ascertained that there is no objection to the grant of the licence on the part of the central government. 3. a person intending to act as a transmission licensee shall, immediately on making the application, forward a copy of such application to the central transmission utility or the state transmission .....

In the Matter Of: Gujarat Electricity Transmission Company Ltd Sardar ...

Court : Appellate Tribunal for Electricity APTEL

..... the matter relating to use of state transmission system for conveyance of power to other licensees is more appropriately covered under sections 35 and 36 of the act. these explicit statutory provisions cannot be ignored. we are therefore proceeding by specifying method of calculation of the transmission charges in the present case. in ..... due course, the commission will come out with draft regulations under section 36 of the act so as to deal with the issue of determination of transmission charges for intervening inter-state transmission facilities. 33. above discussion leads one to the ..... the matter relating to use of state transmission system for conveyance of power to other licensees is more appropriately covered under sections 35 and 36 of the act. these explicit statutory provisions cannot be ignored. we are therefore proceeding by specifying method of calculation of the transmission charges in the present case. in .....

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... f.11(118)/2001-power/ - in exercise of the powers conferred by section 12 and other applicable provisions of the delhi electricity reform act, 2000 (delhi act no. 2 of 2001) and pursuant to the decision made by the government of national capital territory of delhi on the restructuring of delhi ..... the commission in issuing directions to create regulatory asset, while approving annual revenue requirement and determining the tariff? (b) whether the regulatory commission has acted illegally in directing the discoms to create regulatory asset while approving annual revenue requirement and determining tariff? (c) whether the appellant in each of ..... delhi has been violated by the commission in issuing directions to create regulatory asset, while determining the tariff? (ii) whether the regulatory commission has acted illegally in directing the discoms to create regulatory asset while determining tariff? (iii) whether the appellants themselves came forward and submitted proposal to create " .....

Uttar Pradesh Power Corporaton Vs. Noida Power Company Ltd. and Uttar

Court : Appellate Tribunal for Electricity APTEL

..... in procurement of electricity and is violative of the clause 5.3.3. of the national electricity policy and clearly attracts the provisions of section 60 of the act providing suo motto power to the commission to issue directions to prevent adverse effect on competition, even if the agreement is valid. 9. the judgment of ..... held by the erstwhile up state electricity board. the judicial member further holds that the transaction in question is not hit by section 60 of the electricity act 2003. 7. the judicial member further finds that npcl never alleged that the impugned agreement had any adverse effect on competition and that the presumed dominant position ..... clearly discriminatory and un-constitutional. iii) the agreement dated 08.05.2006 was contrary to law and therefore not binding and enforceable under section 23 of the contract act. iv) upplc being a state transmission utility is not permitted to trade in electricity. v) there is no clear concept of marginal cost. therefore so called .....

In the Matter Of: Delhi Transco Limited, New Delhi Vs. Delhi Electrici ...

Court : Appellate Tribunal for Electricity APTEL

..... provide for the contingency reserves. the perusal of the tariff regulations, 2007 would show that they do not provide for the contingency reserves. therefore, the commission has acted according to the regulations. in view of this, we uphold the order of the commission in regard to the contingency reserve. (vi) the state commission allowed ..... from the facts narrated above, the issue of dvb arrears is simple. the dvb, which stood unbundled after coming into force of the delhi electricity reforms act, 2000 and the transfer scheme was entitled to receive certain payments from the consumers and, perhaps some other parties. at the same time dvb was also ..... 2004-05; and further in tariff order for fy 2006-07 the commission reviewed its decision on contingency reserves and concluded that in accordance with the electricity act, 2003, the commission did not feel the necessity to provide these reserves. further, the terms and conditions for determination of tariff for transmission regulations, 2007 .....

Rajasthan Engineering College Society, Jaipur Vs. Rajasthan Electricit ...

Court : Appellate Tribunal for Electricity APTEL

..... -load category and changing the category of the private run institutes from mixed-load to non-domestic category. section 62(3) of the electricity act, 2003 (act) requires the commission to fix the tariff without giving undue preference to any consumer, however, later part of this section permits the commission to ..... in the non domestic category is based on rational criteria and is fully justified. such categorization is permissible under section 62 (3) of the electricity act, 2003. v. classification of private education institutions and government owned or run educational institutions into two separate classes, satisfies the test of reasonable classification ..... to whether the state commission can ignore the phrase purpose for which the supply is required appearing in section 62 (3) of the electricity act, 2003 while classifying consumers in various categories and classifying the educational institutions in different categories merely because of the difference in ownership 9. the learned .....

In the Matter Of: North Delhi Power Ltd and Others Vs. Delhi Electrici ...

Court : Appellate Tribunal for Electricity APTEL

..... of the power vested under the delhi electricity regulatory commission (terms and conditions for determination of transmission tariff) regulations, 2007 read with the provisions of electricity act, 2003 hereby pass this order signed, dated and issued on 20th day of december, 2007. the petitioner shall take immediate steps to implement the said order ..... no. 28 of 2008 or in the proceedings before the state commission. the state commission while exercising the power under section 86 of the electricity act, 2003 cannot issue directions to the government for reimbursing the additional cost for power purchase. the course of action which the appellant should have followed ..... appeal before this tribunal. 4. the short facts that are relevant for the disposal of this appeal are as follows. 5. the delhi electricity reform act, 2000 was enacted with the object of establishing an electricity regulatory commission and of restructuring the electricity industry in the national capital territory of delhi. 6. .....

Polyplex Corporation Limited, Uttarakhand and Others Vs. Uttrakhand El ...

Court : Appellate Tribunal for Electricity APTEL

..... decided to implement such directions in a particular manner, the same could have been enforced and not otherwise. after the enforcement of reforms act, 1999 and act 2002 the only change which has taken place in the situation is that the tariff has to be determined and approved by uperc but ..... principles and methodology specified by the central commission for determination of tariff applicable to generating companies and transmission licensees. section 65 of the electricity act, 2003 also provides that no direction of the state government regarding grant of subsidy to any consumer or class of consumers in tariff determination ..... cross subsidies have reached unsustainable levels. to address this issue and to provide for distancing of government from determination of tariffs, the electricity regulatory commission act was enacted in 1998. it created the central electricity regulatory commission and has an enabling provision through which state governments can create a state electricity .....

Vemagiri Power Generation Vs. Transmission Corporation of A.P.

Court : Appellate Tribunal for Electricity APTEL

..... that even though section 11 starts with a non-obstante clause which provides that the functions are to be exercised "notwithstanding anything contained in the indian telegraph act, 1885" the section nowhere provides that the functions are to be exercised notwithstanding "any contract or any decrees or orders of courts." it is well ..... is placed on the word 'regulate', it will hamper and arrest the growth of the electricity sector. in that event the whole object of the electricity act, 2003 will be defeated, which, inter alia, mandates taking of measures conductive to the development of electricity sector. the said provision cannot be construed to ..... counsel for the appellant, it will be useful to set out the aforesaid relevant provisions for answer to the question: (1) subject to the provisions of this act, the commission shall be responsible to discharge amongst others, the following functions namely: (i) to regulate the assets, properties and interest in properties concerning or .....

Jindal Steel and Power Ltd. Vs. the Chhattisgarh State

Court : Appellate Tribunal for Electricity APTEL

..... supply of power to only ht industrial consumers could be made only after permission of government was obtained under section 28 of the indian electricity act 1910 act. so far as the 'no objection' vide letter dated 28.02.04 is concerned the commission felt that the same did not amount ..... two conditions: (ii) the applicant company shall submit application for licence/permission to the state electricity regulatory commission as per provisions of electricity act 2003 immediately on constitution of state electricity regulatory commission (iii) incase the state regulatory commission does not grant licence/permission for direct power supply ..... sanction of industry department. (2) the applicant company shall submit application for licence/permission from state electricity regularity commission as per provisions of electricity act 2003 immediately on constitution of state electricity regulatory commission. (3) in case the state regulatory commission does not grant licence/permission for direct .....