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Search Results Judgments > Act:Electricity Act Court:Jharkhand

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 The said Act repealed the Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948 and the; Electricity Regulatory Commission Act, 1998.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 Act repealed the Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948 and the; Electricity Regulatory Commission Act, 1998.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 ...

Aug 20 2003

Sai Electro Casting Private Ltd. Vs. Damodar Valley Corporation and Or ...

  • Decided on : 20-Aug-2003

Court : Jharkhand

Reported in : [2003(3)JCR793(Jhr)]

... Act was enacted before the Electricity Supply Act itself was enacted. The provisions in the Damodar Valley Corporation Act, i948 could not therefore prevail over the Electricity Supply Act, whatever might have been the position relating to the provisions of the Electricity Act of 1910. In other words, the contention was that after coming into force of the Electricity Supply Act, 1948 (hereafter referred to as the Supply Act ... Electricity Supply Act, 1948, the Board had the power to supply electrical energy to its consumers. In fact, it was its duty. The DV Corporation Act was enacted before the Electricity Supply Act itself was enacted. The provisions in the Damodar Valley Corporation Act, i948 could not therefore prevail over the Electricity Supply Act, whatever might have been the position relating to the provisions of the Electricity Act ... Electricity Supply Act itself was enacted. The provisions in the Damodar Valley Corporation Act, i948 could not therefore prevail over the Electricity Supply Act, whatever might have been the position relating to the provisions of the Electricity Act of 1910. In other words, the contention was that after coming into force of the Electricity Supply Act, 1948 (hereafter referred to as the Supply Act), the restriction on supply of electrical ...

May 07 2007

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

  • Decided on : 07-May-2007

Court : Jharkhand

Reported in : AIR2008Jhar34; 2007(2)BLJR1798; [2007(3)JCR254(Jhr)]

... Electricity Act, 1910 continued as per Section 185 of the Electricity Act, 2003, till the rules under Section 67 of this Act, 2003, were made; powers under Section 164 of this 2003 Act, which are akin to the powers contained in Section 51 of the Electricity Act, 1910, was exercised by notification dated 24.12.2003. As already noticed above, the provisions of Section 12 of the Electricity Act ... of the Electricity Act, 1910, was exercised by notification dated 24.12.2003. As already noticed above, the provisions of Section 12 of the Electricity Act, 1910, were subject to the provision of Section 51 of that Act.6. There appears to be some purpose behind the provisions contained in Section 51 of the Electricity Act, 1910; Section 164 of the Electricity Act, 2003; ... of the Act (emphasis supplied). Thus even if it is accepted that Section 12 of the Electricity Act, 1910 continued as per Section 185 of the Electricity Act, 2003, till the rules under Section 67 of this Act, 2003, were made; powers under Section 164 of this 2003 Act, which are akin to the powers contained in Section 51 of the Electricity Act, 1910, ... .8. 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.9. Relying on : AIR1970SC491 -The Patna Electric Supply Co. Ltd., v. The Patna Municipal Corporation, ...

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. ...

Mar 28 2008

Dayal Steels Ltd. Vs. State of Jharkhand and Ors.

  • Decided on : 28-Mar-2008

Court : Jharkhand

Reported in : AIR2008Jhar105; [2008(2)JCR566(Jhr)]

... Electricity Act, 2003 and to the Electricity Supply Code, as specified by the State Commission under the provisions of Section 50 of the Electricity Act, 2003.Section 50 of the Electricity Supply Code as amended by the Electricity (Removal of Difficulties) Order, 2005, provides amongst others, the methods for recovery of electricity charges, intervals for billing of electricity charges, disconnection of supply of electricity ... Electricity Act, 2003.Section 50 of the Electricity Supply Code as amended by the Electricity (Removal of Difficulties) Order, 2005, provides amongst others, the methods for recovery of electricity charges, intervals for billing of electricity charges, disconnection of supply of electricity for non-payment thereof, measures for preventing tampering, distress or damage to electrical plant or electric lines or meter, entry of distribution licensee or any person acting ... electricity.13. Since the transaction, distribution and trade in electricity is governed under the provisions of the Electricity Act, such transaction, distribution and trading in electricity can be done only under licence granted by the Appropriate Commission as envisaged under Section 14 of the Electricity Act, 2003.The fourth proviso to Section 14 of the Electricity Act ...

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 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 ...

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 ...

Jan 30 2008

Dasrath Prasad Agrawal Vs. State of Jharkhand and Ors.

  • Decided on : 30-Jan-2008

Court : Jharkhand

Reported in : [2008(2)JCR394(Jhr)]

... Act in the year 2000.6. Mr. M.K. Dey, learned Counsel by way of reply submitted that Section 185 of the Electricity Act, 2003 deals with repeal and saving clauses which speaks:Repeal and saving.--(1) Save as otherwise provided in this Act, the Indian Electricity Act, 1910 (9 of 1910), the Electricity (Supply) Act, 1948 (51 of 1948) and the Electricity Regulatory Commissions Act ... Electricity Act, 2003 bears the provisions of compounding of offences as contained in Section 152, Electricity Act, 2003 and Section 185 of the said Act contains saving and the repeal of the certain provisions of the Old Act as referred above. The effect of the compounding of the offence according to the provisions of Section 152(2)(3) of the Electricity Act ... Electricity Act, 2003 the petitioner cannot be prosecuted under general law for the offence under Section 379, IPC. The Electricity Act is self-contained which also deals with the theft of power and in the amended Electricity Act, 2003 Section 152 provides compounding of offences, if the loss made to the Electricity Board is compensated and in the instant case, admittedly, the petitioner has compensated the Electricity ... the Electricity Board and other dues.8. Having regard to the facts and circumstances of the case, I find that the Electricity Act, 2003 bears the provisions of compounding of offences as contained in Section 152, Electricity Act, 2003 and Section 185 of the said Act contains saving and the repeal of the certain provisions of the Old Act ...

Feb 01 2007

Stan Commodities Pvt. Ltd., through one of its Directors Shri Pawan Ku ...

  • Decided on : 01-Feb-2007

Court : Jharkhand

Reported in : 2007(1)BLJR862; 2007LC(JH)1469; [2007(3)JCR575(Jhr)]

... Part XIV of the said Act provides for offences and penalties. Section 135 deals with theft of electricity and prescribes punishment for theft of electricity in the form of imprisonment etc. It does not speak about disconnection of electric supply line.12. None of the said provisions of the Electricity Act, 2003 gives power to the Board to disconnect the electric supply without informing the reason and ... provision has been made under Section 126 of the said Act for assessment and disconnection. Section 56 of the said Act deals with different situation. In the Instant case the petitioner was found pilfering electricity by tampering with the seals of the Board's meter which constituted an offence under Section 135 of the Electricity Act, 2003 and Section 379 of the I.P. ... relevant provisions of law. Section 56 of the Electricity Act, 2003 deals with the provision of disconnection of electric supply only on default of payment, which runs as follows:56. Disconnection of supply in default of payment -(1) Where any person neglects to pay any charge for electricity or any sum other than a charge for electricity due from his to a licensee or ... to the Board to the tune of about Rs. 2,40,00000/-. The case was registered under Section 135 of the Electricity Act, 2003 (hereinafter referred to as 'the said Act') read with Section 379 I.P.C. The petitioner's electrical connection was also disconnected on 3.1.07 without giving the petitioner any prior notice regarding the alleged tampering etc and ...

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