Court : Madhya Pradesh
Reported in : AIR1983MP93
..... an order made thereunder may direct the licensee not to comply, except with the permission of the state government, with-- (i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959, for the supply (other than the resumption of a supply) or an increase in the supply of energy to any person, or(ii) any requisition for the resumption of supply of energy to a consumer after a period of six months, from the date of its discontinuance, or(iii) any requisition for the resumption of supply of energy made ..... was only them by letter (annexure j) dated 15-9-1981), that the company, for the first time, raised objection to the assessment made by the divisional engineer in the manner it has been done in the petition. ..... .97 for the periods between 12-11-1979 and 30-6-1981; a direction for making fresh calculation and adjustment in accordance with law, which would include the question of refund of any excess payment made by the petitioner; and quashing of the blanket prohibition against supply of power during emergency under clause 3, proviso (iii) of the generation order contained in the orders dated 13-10-1980 and 25-7-1981.8. ..... for this period between 1-8-1980 and 30-6-1981, the unpaid balance remaining due from the company under the bills issued, amounts to ru-pees 1,04,46,501 ..... this petition was filed on 6-8-1981 and by virtue of the stay order dated 7-8-1981, the status quo ordered thereby continues .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP143
..... discontinuance, where the requisitioning consumer was not himself the consumer of the supply at the time ..... by sub-section (1) an order made thereunder may direct the licensee not to comply, except with the permission of the state government, with - (i) 'the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959 (32 of 1959), for the supply of energy to any person, or (ii) any requisition for the resumption of supply of energy to a consumer after a period of six months, from the date of its discontinuance, or (iii) any requisition for the resumption of supply of energy made within six months of its ..... in order to appreciate the controversy involved, it will be relevant to mention various provisions of the indian electricity act, 1910, electricity (supply) act, 1948, regulations and terms of the agreement framed thereunder. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ648
..... dis-continuance, where the requisitioning consumer was not himself the consumer of the supply at the time ..... by sub-section (1) an order made thereunder may direct the licensee not to comply, except with the permission of the state government, with-(i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959 (32 of 1959), for the supply of energy to any person, or(ii) any requisition for the resumption of supply of energy to a consumer after a period of six months, from the date of its discontinuance, or(iii) any requisition for the resumption of supply of energy made within six months of its ..... in order to appreciate the controversy involved, it will be relevant to mention various provisions of the indian electricity act, 1910, electricity (supply) act, 1948, regulations and terms of the agreement framed thereunder. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(1)MPHT421
..... referring to the provisions of section 155 of the said act learned counsel submitted that the provisions of the code of criminal procedure in so far as they are not inconsistent with the provisions of the said act, shall apply to the proceeding before the special court and for the purpose of the provisions of the said act special court shall be deemed to be a sessions court.learned counsel for the state pointed out the amendments brought in force by electricity (amendment) act, 2007, i.e. ..... -- notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), an offence punishable under sections 135 to 140 or section 150 shall be cognizable and non-bailable.perusal of the aforesaid provisions indicates that the offences under the indian electricity act can be investigated by a police officer as provided in chapter xii of the code of criminal procedure and the offences punishable under sections 135 to 140 or section 150 shall be cognizable and non-bailable.5. ..... 05 of 2007, framing charge against them under section 138 of the indian electricity act besides section 429 of the ipc and section 11 of the cattle trespass act.2. ..... learned counsel for the applicants submits that the learned special judge has committed illegality in taking cognizance against applicants for the offence under section 138 of the indian electricity act, 2003, (hereinafter referred to as the 'said act') on the basis of charge-sheet filed by police before it. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003CriLJ2936; 2003(3)MPLJ171
..... it may be pointed out that even in subsequent judgment affect of amendment in section 50 of the indian electricity act was not taken note of. ..... to filing of complaints and prosecution therefor.decided that for the purpose of having the prosecution instituted by the board as 'an aggrieved person' under section 50 of the indian electricity act, 1910 against the persons committing any offence against the said act or any rule or order made there under, the following officers of the board, namely the superintending engineers, divisional engineers, assistant engineers and officer incharge, are hereby given the requisite authority to act for and on behalf of the board within the jurisdiction of their respective areas and that ..... the prosecutions so instituted by any of such officers, both in respect of pending cases as well as the ..... , reported in 1981 jab lj 560 : (1981 cri lj 1230), it is held that the aggrieved person viz. ..... , (1981 cri lj 1230) is correct. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(4)MPHT188
..... while affirming applicant's conviction under section 39 of the indian electricity act read with section 379, ipc, has set aside the sentence of 6 months ri, passed by judicial magistrate second class, narsinghgarh in criminal case no- 392/99 and instead sentenced the accused-applicant to pay fine rs. ..... the offence under section 39 of the indian electricity act, 1910 as substituted by the act no. ..... having heard learned counsel for the applicant and the pp for the respondent-state in my judgment, not only the judgment passed by the appellate court below, but also the one of the trial magistrate should be quashed. 3. ..... now, section 39 as substituted by the said amendment constitutes distinct offence which is punishable as aforesaid. ..... normally, i would have ordered for retrial of the accused-applicant by the court of competent jurisdiction, however, it is noted that the offence in question was committed way back on 24-11-91 and the applicant has already suffered ordeal of protracted trial for all these 10 years and has been in prison for nearly 20 days. ..... 2nd proviso to section 386 provides that the appellate court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the court passing the order or sentence under appeal. ..... earlier to this amendment 1986 the offence of theft of energy was punishable with the aid of section 379, ipc, which was triable by any magistrate. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP105; 1969MPLJ374
..... ' section 17 of the amendment act omitted section 76 (1) from the principal act provision for validation of rates fixed by the board for supply of electricity to consumers before the commencement of the amendment act was made in section 24 which is worded as follows: '24 (1) notwithstanding any judgment, decree or order of any court, all rates fixed under section 49 of the electricity (supply) act, 1943, for the sale of electricity to any person other than a licensee before the commencement of this act shall be deemed to have been validly fixed as if the provisions of the said section, as amended by this act, had been in force at all ..... electricity board), the petitioners also attack the validity of section 49 of the electricity (supply) act, 1948 as substituted by the electricity (supply) amendment act, 1966, and sections 17 and 24 of the amendment act ..... ' these provisions of the act were amended by the electricity (supply) amendment act, 1966 which came into force on 16th september, ..... kalyan borough municipality, aie 1968 sc 991, the supreme court has upheld the vires of section 49 of the act as amended and we have to proceed on the fooling that the act as amended and the amending act are valid and have full force and effect ..... the decision or award of the said arbitrators or umpire shall be final and binding on the parties hereto and the provisions of the indian arbitration act, 1910, or any statutory modification thereof for the time being in force shall apply to any such reference.' .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2010(1)MPHT195
..... 4 be directed to be removed, cannot be allowed because when in pursuance of a sanctioned scheme the state electricity board by virtue of section 42 of electricity (supply) act, 1948 exercises the powers under part iii, telegraph act it becomes subject to the obligation to pay full compensation to all persons interested for all damages sustained by them as provided in proviso (d) to section 10 of the telegraph act and in case of dispute as to the sufficiency of compensation the obligation is to pay such compensation as may be determined by the district judge under section 16(3) of the indian telegraph act. ..... from the report it does not show that the respondents have encroached the area in question and, therefore, the proposed amendment to the effect that the electric poll fixed by respondent no. ..... the proposed amendment will change the nature of the case and will make out a new case and the said amendment is not necessary for the purpose of determining the real controversy between the parties. ..... 367/2004 has been filed by appellants for amending the plaint on the ground that nazool officer in presence of respondents demarcated the whole land and prepared the demarcation report, panchnama, demarcation map, field book and established the boundaries on the spot. ..... 367/2004) for amendment filed by the appellants has no merit and is hereby rejected.9. ..... by way of amendment, the appellants/plaintiffs also claimed damages worth rs. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ691
..... in case where sanctioned scheme does not make such provision, the matter is governed by sections 12 to 19 of the indian electricity act, 1910. ..... the case of the appellants appears to be that section 42 of the electricity (supply) act, 1948 confers upon them all the powers which the telegraphic authority possesses under part iii of the indian telegraph act, 1885 and therefore, their action is legal and justified under section 10 of the said act. ..... section 42 of the electricity (supply) act, 1948 vests in the appellant's board all powers which telegraph authorities possess under part iii of the indian telegraph act, 1885 with regard to a telegraph established or maintained by the government or to be so established or maintained, only where provision in this behalf is made in a sanctioned scheme. ..... electricity board, 1970 mplj 588, it has been held that a public authority has no power to invade private property or effect the rights of owners of such property unless the powers are conferred by law, incidentally, this was also a case against the appellant board where this court, on examination had held that the powers under section 10 of the telegraph act alone are not the powers available to the appellant board under section 42 of the electricity supply act. ..... before the insertion of this article by fortyfourth constitutional amendment act, 1978, this right was a fundamental right and could not be taken away except by following the provision of article 31 of the constitution. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(1)MPHT330
..... the state legislature had the powers to amend section 21 of the indian penal code, the same being referable to a legislation under entry i to iii of the seventh schedule, subject to article 254(2) of the constitution as, otherwise, inclusion of the persons who are 'public servants' under section 161 of the cooperative societies act would be repugnant section 21 of the indian penal code. ..... that not having been done, by virtue of deeming definition in section 161 of the co-operative societies act by reference to section 21 of the indian penal code, the persons defined as 'officers' under maharashtra co-operative societies act cannot be prosecuted for the offences under the indian penal code.the court further held that :--'the indian penal code and the maharashtra co-operative societies act are not statutes in pan materia. ..... in view of the facts and circumstances of the case on hand as also the law applicable, the impugned judgment of the trial court cannot be allowed to sustain and the accused appellant deserves acquittal mainly on the ground that he being an employee of the electricity board at the relevant time, cannot be considered as public servant for initiating prosecution against the appellant under the act of 1947 as also for the offence punishable under section 161 (since repealed) of the ipc, the alleged demand of rs. ..... (1981 jlj 518), this court has held as under :--'from the evidence afforded by pyarelal (p.w. ..... the legislature no doubt in section 161 of mah. .....
Tag this Judgment!