Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 24 insubordination and obstruction Court: appellate tribunal for electricity aptel

Uttar Pradesh Power Corpn. Limited and Another Vs. Noida Power Corpn. ...

Court : Appellate Tribunal for Electricity APTEL

..... the approval or disapproval of the commission to a power purchase agreement has no bearing on the validity of the agreement under the contract act. the electricity act does not make such a contract void. the impact the aforesaid regulation will be only on the revenue recoverable by the distribution licensee ..... view international standards and practices. 5.3.6 the necessary regulatory framework for providing nondiscriminatory open access in transmission as mandated in the electricity act 2003 is essential for signaling efficient choice in locating generation capacity and for encouraging trading in electricity for optimum utilization of generation resources and ..... in the meanwhile, the uttar pradesh electricity regulatory commission was constituted and established in accordance with the provisions of the electricity regulatory commissions act, 1998 (for short erc act 1998). 7. the lucknow bench of the allahabad high court on being approached by the appellant, directed the commission to fix .....

Madhya Pradesh Power Generation Company Ltd Vs. Madhya Pradesh Electri ...

Court : Appellate Tribunal for Electricity APTEL

..... in respect of generation, transmission and distribution for determination of tariff. (3) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of ..... determination of tariff. determination of tariff by bidding process. 62. (1) the appropriate commission shall determine the tariff in accordance with provisions of this 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 ..... for distribution and supply within the state; (c) facilitate intra-state transmission and wheeling of electricity; (d) issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the state; (e) promote congenration and generation of electricity from .....

Bses Rajdhani Power Limited, New Delhi and Another Vs. Delhi Electrici ...

Court : Appellate Tribunal for Electricity APTEL

..... the procurement of power. it does not regulate a generating company supplying the power especially in the context of deregulation of generating companies under the act, 2003. 59. ntpc generates and supplies electricity to the purchasers of electricity based on the tariff determined by the central commission. the purchaser of ..... jurisdiction by virtue of section 86 of the electricity act, 2003. 42. the electricity act, 2003 carves out the regulatory control over the central sector generating companies like ntpc and the generating companies having composite arrangements of ..... tariff, the state commission cannot have any powers to nullify the impact of such regulations. the harmonious construction of various provisions of the electricity act would indicate whatever is within the jurisdiction of the central commission, the state commission cannot encroach upon the same by claiming to exercise concurrent .....

M/S Maruti Suzuki India Ltd., New Delhi Vs. Haryana Electricity Regula ...

Court : Appellate Tribunal for Electricity APTEL

..... (terms and conditions for determination of wheeling tariff and distribution and retail supply tariff) regulations, 2008 in terms of section 181(2)(zd) of the 2003 act. regulation (33) of these regulations deals with cross subsidy surcharge reads as under: 33. surcharge / additional surcharge. - (1) the commission shall determine ..... for distribution and supply within the state; (c) facilitate intra-state transmission and wheeling of electricity; (d) issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the state; (e) promote cogeneration and generation of electricity from ..... directed the appellant that till the license is obtained from the commission, the appellant must stop supplying power to other consumers in violation of the act. f. aggrieved by the directions of chief electrical inspector the appellant approached the commission through petition no. 5 of 2010 seeking clarification and .....

Chhattisgrh State Power Distribution Co. Ltd Vs. Hira Ferro Alloys Ltd ...

Court : Appellate Tribunal for Electricity APTEL

..... a person engaged in generation in accordance with the regulations specified by the appropriate commission. section 9: captive generation- (1) notwithstanding anything contained in this act, a person may construct, maintain or operate captive generating plant and dedicated transmission lines: provided that the supply of electricity from the captive generating plant ..... those specifically and explicitly conferred upon it by the statute, the commission proceeded upon the erroneous consideration that , since there is no provision in the act enabling the state government to declare the status of a captive generating plant and/or captive users, the commission would have to take on the ..... for captive use of electricity by such shareholders. 15. learned counsel for the appellant, mr. choudary, contends that there is no provision in the act conferring power or jurisdiction upon the commission for determining any generating plant as a captive power plant and the energy thus generated as a captive user .....

In the Matter Of: Tamil Nadu Electricity Board Vs. Neyveli Lignite Cor ...

Court : Appellate Tribunal for Electricity APTEL

..... circumstances the appellant cannot raise the contention that the central commission does not have jurisdiction to adjudicate on the matter. furthermore, the electricity act, 2003 is a special legislation. it specifically provided that the central commission shall have power to adjudicate upon disputes involving generating companies and transmission ..... vested with the power to adjudicate upon disputes involving the generating companies and the transmission licensees. as per objects of the electricity act, 2003, this is an act which confers power to regulate with reference to generation, transmission, distribution, trading and use of electricity and for taking measures conducive to ..... development of electricity for promotion of efficient supply of electricity to all the areas. 33. thus, this act is a special legislation for taking measures conducive to development of electricity industry and it is within the competence of the parliament to vest the .....

Ajmer Vidyut Viteran Nigam Limited, Rajasthan Vs. Rajasthan State Elec ...

Court : Appellate Tribunal for Electricity APTEL

..... limited (r-2) filed a petition in petition no.227/2010 before the state commission under section 142 read with section 86 (1) (f) of the electricity act praying for immediate compliance of the orders of the state commission dated 4.11.2006 confirmed by the appellate tribunal. however, the state commission, after hearing the parties, ..... the commission. 11. as the petitions have been filed before the commission for review of the commissions order dated 6.1.2011under section 94(1)(f) of the act, the conditions prescribed under order xlvii of civil procedure code are to be satisfied for review. review under the cpc is permissible under order xlvii, rule 1 on the following ..... error can be rectified by way of a review jurisdiction under the order 47 and rule-1 of civil procedure code read with section 94 (1) (f) of the electricity act, 2003 ? 6. before dealing with this question it would be better to quote relevant discussion and finding of the state commission in the impugned order which are as .....

In the Matter Of: M/S. Junagadh Power Projects Private Limited, and An ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... 1969) 2 scc 43, the hon'ble supreme court has held as under: the jurisdiction which is granted to industrial tribunals by the industrial disputes act is not the jurisdiction of merely administering the existing laws and enforcing existing contracts and the industrial tribunal have the right even to vary contracts of ..... and procurement process including the price at which the distribution licensee procures power from the generating companies. under section 86(1)(e) of the electricity act, 2003, the state commission has to promote generation of electricity from renewable sources of energy. 16. national electricity policy envisages exploitation of feasible potential of ..... state commission even after it has determined tariff has the power to re-determine the same as provided under section 62(4) of the electricity act, 2003. the state commission also has the power to regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall .....

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 .....