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Search Results Judgments > Act:Electricity Act Court:Jharkhand

Jan 11 2007

Atibir Hi-Tech Pvt. Ltd. Vs. State of Jharkhand and Ors.

  • Decided on : 11-Jan-2007

Court : Jharkhand

Reported in : 2007(1)BLJR840; [2007(1)JCR598(Jhr)]

... regularly filing returns for the bulk purchase of electrical energy horn DVC and paying electricity duty. In any case, the petitioner is liable to pay electricity duty under the Act and the Rules.4. In the counter affidavit filed by respondent No. 6 DVC, it is stated that the provisions of Electricity Act and the Electricity Duty Act are not applicable so far the present case ... electricity duty. In any case, the petitioner is liable to pay electricity duty under the Act and the Rules.4. In the counter affidavit filed by respondent No. 6 DVC, it is stated that the provisions of Electricity Act and the Electricity Duty Act are not applicable so far the present case is concerned. The petitioner and the respondent-DVC are governed by the Damodar Valley Corporation Act ... a local authority licensed under Part II of the Indian Electricity Act, 1910 to supply energy, or any person including a company or local authority who has obtained sanction under Section 28 of the Act to engage in the business of supplying energy and includes the Electricity Board. Section 28 of the Electricity Act reads as under:Section 28-No person, other than a ... under Part II of the Indian Electricity Act, 1910 (IX of 1910) to supply energy, or any persons including a company or a local authority who has obtained sanction under Section 28 of the Act to engage in the business of supplying energy and includes the Bihar Electricity Board constituted under Section 5 of the Electricity (supply) Act, 1948 (54 of 1948);10. ...

Aug 03 2009

Ashish Kumar Jain Vs. The State of Jharkhand and Manoj Kumar Pandey

  • Decided on : 03-Aug-2009

Court : Jharkhand

Reported in : 2010CriLJ271

... police report.8. It appears that Principal Indian Electricity Act, 2003 amended by Electricity (Amendment) Act, 2007 and apart from other amendments Section 151 of the Act was also amended for the following object & reason:As per the provisions contained in Section 151 of the Act, the offences relating to the theft of Electricity, electric lines and interference with meters are cognizable ... under the Act.9. Section 15 of Electricity (Amendment) Act 2007, by which Section 151 of Principal Electricity Act, 2003 has been amended runs as follow:15. Amendment of Section 151 -In Section 151 of the Principal Act, the following provisos shall be inserted, namely:Provided that the court, may also take cognizance of an offence punishable under this Act upon ... of the Electricity Act put an embargo on the power of court from taking cognizance on the basis of charge sheet submitted by the police. The said section does not put any bar on the power of police to investigate the case committed under Indian Electricity Act, 2003 or Indian Electricity Act, 1910, because the offence of theft of electrical energy ... the Electricity Act, 2003, by amending Act 2007 is procedural in nature and therefore will apply retrospectively to all pending cases. I further find that the provisions contained in Section 151 of the Electricity Act, 2003, even prior to its amendment, does not control or circumscribe the power of police from instituting and investigating the cognizable offences under the Electricity Act. ...

Jul 18 2007

Ajay Munjal Memorial Trust and Ors. Vs. Power Grid Corporation of Indi ...

  • Decided on : 18-Jul-2007

Court : Jharkhand

Reported in : 2007(2)BLJR2422; [2007(4)JCR254(Jhr)]

... of the petitioner, without their consent, has been dismissed by the learned Single Judge holding as follows:In view of scheme of the Electricity Act, 1910, Electricity (Supply) Act, 1948, Electricity Act, 2003, the Rules of 2006 and Section 10 of the Telegraph Act, and the notifications dated 24/12/2003, it is clear that prior consent from the petitioners was/is not required.3. The learned ... v. Chairman, Tamilnadu Electricity Board, Madras)', wherein it was held that;From the above settled position of law it is clear that when the Electricity Board exercises power under Section 51 of the Electricity Act read with Section 10 of the Telegraphs Act, they are not acquiring any land. They are only making use of the land for the purpose of laying electric lines for which ... or on the ground of unauthorized user of petitioner's land in respect of which compensation has been provided for under proviso (d) to Section 10 of the Indian Telegraph Act.5. Mr. Prasad, learned Counsel appearing for the appellants mainly argued that without the consent of the land owner or occupier, the respondents had no authority under the law to ... Power Corporation Ltd., Indore)', wherein it was held as follows:In view of the power vested in the Generating Company NTPC under Section 42 of the Act read with part III of the Indian Telegraph Act, there can be no valid objection by the petitioners to the implementation of the sanctioned scheme either on the principles of natural justice or on the ...

Sep 11 2007

Tata Steel Ltd. and Ors. Vs. Jharkhand State Electricity Board and Ors ...

  • Decided on : 11-Sep-2007

Court : Jharkhand

Reported in : AIR2008Jhar60; 2008(56)BLJR412; [2008(1)JCR580(Jhr)]

... electricity to all areas, rationalization of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto.7. The said Act repealed the Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948 and the; Electricity Regulatory Commission Act, 1998. However, the said Act ... Act repealed the Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948 and the; Electricity Regulatory Commission Act, 1998. However, the said Act has saved some of the actions taken or purported to have been done, not inconsistent with the provisions of the said Act, as enumerated under Sub-section (2) of Section 185, which deals with repeal and saving.8. The aforesaid Act 2003 recognizes the State Electricity ... Electricity Act, 1910, the Electricity (Supply) Act, 1948 and the; Electricity Regulatory Commission Act, 1998. However, the said Act has saved some of the actions taken or purported to have been done, not inconsistent with the provisions of the said Act, as enumerated under Sub-section (2) of Section 185, which deals with repeal and saving.8. The aforesaid Act 2003 recognizes the State Electricity Regulatory Commission constituted under the Electricity ...

Mar 24 2006

Md. Waris Vs. Union of India (UOI) through Chief Project Manager Railw ...

  • Decided on : 24-Mar-2006

Court : Jharkhand

Reported in : AIR2006Jhar116; [2006(3)JCR503(Jhr)]

... Electricity Act, 1910. Section 70 of the Electricity (Supply) Act, 1948 creates overriding effect on the Indian Electricity Act, 1910 and it further says that the provisions of the Electricity (Supply) Act shall be in addition to and not in derogation of the Indian Electricity Act, 1910. Thus, in my opinion the railway became a licensee under the Indian Electricity Act, 1910.11. Section 19 of the Indian Electricity Act ... Electricity Act, 1910. As per the definition of licensee' in Section 2(6) of the Electricity (Supply) Act. 1948, it includes a sanction holder under Section 28 of the Indian Electricity Act, 1910. Section 70 of the Electricity (Supply) Act, 1948 creates overriding effect on the Indian Electricity Act, 1910 and it further says that the provisions of the Electricity (Supply) Act ... Electricity (Supply) Act. 1948, it includes a sanction holder under Section 28 of the Indian Electricity Act, 1910. Section 70 of the Electricity (Supply) Act, 1948 creates overriding effect on the Indian Electricity Act, 1910 and it further says that the provisions of the Electricity (Supply) Act shall be in addition to and not in derogation of the Indian Electricity Act ...

Aug 13 2002

Mcnally Bharat Engineering Company Ltd. Vs. Jharkhand State Electricit ...

  • Decided on : 13-Aug-2002

Court : Jharkhand

Reported in : 2003(3)BLJR2177

... Electricity (Supply) Act, 1948, the Electricity Board constituted is a licensee for the purposes of the Electricity Act, 1910. As per Section 2(3) of the Electricity (Supply) Act, 1948, bulk licensee means a licensee, who is authorised by his licence to supply electricity to other licensees for distribution by them. Section 5 of the Supply Act, 1948 while prescribes constitution and composition of the State Electricity ... Electricity Act, 1910 means any person licensed under Part II to supply energy. Part II deals with supply of energy including grant of licence. Under the Electricity (Supply) Act, 1948, the Electricity Board constituted is a licensee for the purposes of the Electricity Act, 1910. As per Section 2(3) of the Electricity (Supply) Act, 1948, bulk licensee means a licensee, who is authorised by his licence to supply electricity ... Electricity Act, 1910. As per Section 2(3) of the Electricity (Supply) Act, 1948, bulk licensee means a licensee, who is authorised by his licence to supply electricity to other licensees for distribution by them. Section 5 of the Supply Act, 1948 while prescribes constitution and composition of the State Electricity Boards, Section 18 of the said Supply Act ...

Jan 29 2009

Laxmi Business and Cement Co. (P) Ltd. Vs. Jharkhand State Electricity ...

  • Decided on : 29-Jan-2009

Court : Jharkhand

Reported in : 2009(57)BLJR1420; [2009(2)JCR401(Jhr)]

... (1) and 126(6) of the Electricity Act, 2003 appears to be erroneous. It is further relevant to clarify that under the Electricity Amendment Act, 2007 Section 135(1-A) has been substituted/included in the Electricity Act, 2003 which is quoted as under along with the relevant proviso:(1-A) Without prejudice to the provisions of this Act, the licensee or supplier, as the ... that under the Electricity Amendment Act, 2007 Section 135(1-A) has been substituted/included in the Electricity Act, 2003 which is quoted as under along with the relevant proviso:(1-A) Without prejudice to the provisions of this Act, the licensee or supplier, as the case may be, may, upon detection of such theft of electricity, immediately disconnect the supply of electricity:Provided that ... . For a declaration that until such time the Electricity Board gets the meter tested under the provision of Clause 13.4 of Electric Supply Code, Regulations 2005, the licensee cannot proceed under Section 126 of the Electricity Act, 2003 in raising penal bill, until such time the provision of Clause 13.4 of the Electric Supply Code are strictly complied with by the ... Electricity Act, 2003. It has also been contended that the dis-connection was also illegal and violative of the provisions of Section 126. He has also referred to and relied upon Clause 13.4 of the Electricity Supply Regulation Code to contend that a proceeding of penalty under Section 126 of the Act cannot be initiated until the meters gets tested by the Electricity ...

Feb 10 2009

Shashi Kumar Singh Vs. Jharkhand State Electricity Board and Ors

  • Decided on : 10-Feb-2009

Court : Jharkhand

Reported in : 2009(57)BLJR1407; [2009(2)JCR3777(Jhr)]

... to electricity is principally contained in these two Acts:(i) The Electricity Act: This provides for grant of licence in relating to supply of electricity and the purchase of the undertakings. It also provides for supply of electricity including the protective clauses.(ii) The Supply Act: It provides for constitution of State Electricity Boards, the powers and duties of such Boards.35. Section 2 of the Electricity Act ... Act: It provides for constitution of State Electricity Boards, the powers and duties of such Boards.35. Section 2 of the Electricity Act in Clause (c) defines a 'consumer' thus:consumer' means any person who is supplied with energy by a licensee or the Government or by any other person engaged in the business of supplying energy to the public under this Act ... defines an 'occupier' as under:'occupier' means the owner or person in occupation of the premises where energy is used or proposed to be used; 37. Section 22 of the Electricity Act runs:Obligation on licensee to supply energy.- Where energy is supplied by a licensee, every person within the area of supply shall, except insofar as is otherwise provided by ... also not merely contractual. This Court in Hyderabad Vanaspathi Ltd. v. A.P. SEB has held that the Terms and Conditions of Supply of electricity notified by the Electricity Board under Section 49 of the Electricity (Supply) Act are statutory and the fact that an individual agreement is entered into by the Board with each consumer does not make the Terms and ...

Feb 25 2004

Vijay Shree Industries Ltd. Vs. Jharkhand State Electricity Board and ...

  • Decided on : 25-Feb-2004

Court : Jharkhand

Reported in : [2004(3)JCR224(Jhr)]

... Electricity Act, 2003 (the New Act for short) will apply in this case. The parties could not show that provisions similar to Sections 26 and (7) of the Indian Electricity Act, 1910 are there in the new Act. However, in view of Section 185(2)(c) of the New Act, Indian Electricity ... Act for short) will apply in this case. The parties could not show that provisions similar to Sections 26 and (7) of the Indian Electricity Act, 1910 are there in the new Act. However, in view of Section 185(2)(c) of the New Act, Indian Electricity Rules, 1956 have been continued to be in force till the regulations under Section 53 of the new Act ... Act. However, in view of Section 185(2)(c) of the New Act, Indian Electricity Rules, 1956 have been continued to be in force till the regulations under Section 53 of the new Act are made.There is nothing to show that accucheck meter, by which petitioner's meter a checked, was approved regarding its ac- curacy by the Electrical ... Electricity Rules, 1956 have been continued to be in force till the regulations under Section 53 of the new Act are made.There is nothing to show that accucheck meter, by which petitioner's meter a checked, was approved regarding its ac- curacy by the Electrical Inspector, as provided in Sub-rules (3), (4), (5) and (6) of Rule, 57 of the Indian Electricity ... absolutely then only Clause 16.8 will apply. Meter is a delicate instrument to measure electrical energy passing through it. If such restrictive meaning is given to Clause 16.8 then in ...

Jul 04 2001

Sheo Shakti Cement Industries-II Vs. Bihar State Electricity Board and ...

  • Decided on : 04-Jul-2001

Court : Jharkhand

Reported in : 2001(49)BLJR1804

... units. The respondent-Board, therefore, lodged FIR against the petitioner under Section 379 of the IPC and Sections 39 to 40 of the Indian Electricity Act, 1910 alleging, inter alia, that the petitioner is indulging in theft of electricity. The respondent- Board raised supplementary bill of Rs. 1,38,28,593/- and the line was disconnected on 29.7.1999. The petitioner challenged ... demand charges for the period when there was no supply of electricity. Admittedly the petitioner entered into an agreement with the Board under which the latter provided H.T. connection in the premises of the petitioner under certain terms and conditions and also under terms and conditions provided in the Act and the Tariff. No where in the writ application the petitioner ... and conditions and also under terms and conditions provided in the Act and the Tariff. No where in the writ application the petitioner has said that the Board, in violation of the terms of the agreement, has been charging maximum demand charges for the period when the petitioner did not consume electricity. It is also not the case of the petitioner ... standard form of contract. The standard clauses of this contract have been settled over the years and have been widely adopted because experience shows that they facilitate the supply of electric energy. Lord Diplock has observed : 'If fairness or reasonableness were relevant to theirenforceability the fact that they are widely used by parties whose bargaining power is fairly matched would ...

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