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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: appellate tribunal for electricity aptel Page 1 of about 279 results (0.039 seconds)

Jan 24 2013 (TRI)

M/S. Bangalore Electricity Supply Company Limited Vs. M/S. Reliance In ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... the grid and recovered tariff in respect of the same. therefore, the rinfra is entitled to be compensated as per the section 70 of the indian contract act, 1872. vii) the state commission has given clear reasonings in the impugned order while passing the order which is just and appropriate taking into consideration of ..... decision in the indorama case cited by the appellant is clearly distinguishable and does not apply to the present case. in the present case, though the contract between the kptcl and rinfra was signed on 14.10.2009, the kptcl has granted no objection certificate as early as on 22.8.2009 i.e ..... ; (5) in the operation of the power system, the generator or the electricity supply company (escom) have always a remedy to seek under the electricity act, 2003 and the regulations framed there under, and have no right to take law into their hands, since whatever compensation, due to them, could always be ..... the expiry of the ppa, the rinfra followed up with the appellant for execution of the wheeling and banking agreement but the appellant did not act promptly and while the process for execution of agreement was going on, the rinfra was constrained to pump or inject the energy from its wind ..... under the ppa. grant of tariff @ rs.3.40/- would amount to allowing the rinfra to make a super profit by taking advantage of its illegal acts. 5. the learned counsel for the appellant has cited the following judgments in support of his contentions: (a) (2011) 8 scc 647 sharma transport v .....

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Jan 05 2011 (TRI)

Tamil Nadu Electricity Board (Tneb), Chennai Vs. Neyveli Lignite Corpo ...

Court : Appellate Tribunal for Electricity APTEL

..... 14.9.2006. the grounds which were not raised before the central commission relating to the waiver and unjust enrichment and section 65 of the contract act, 1872 cannot be allowed to be raised before this tribunal in these appeals, that too, in the application to condone the inordinate delay. hence, the ..... contrary to the regulations, even then nlc is liable to restore the benefit which has accrued to it under the said void contract as provided under section 65 of the indian contract act. (f) prior to the commencement of regulation 2001, the respondent and the appellant had entered into various agreements, namely, ..... the presentation would entitle the appellant maximum rebate, namely, 2.5%. this agreement also had a clause that even after the expiry of the contract, the terms and conditions mentioned in the agreement would continue till such time it was formally renewed or replaced. thus, the said arrangement was ..... department and the accounts department did not have knowledge of the 3 documents till march, 2009, it implies that both these departments could not have acted on the basis of any inference based on the contents of these 3 documents. 58. that apart, no affidavit has been filed from the ..... under: proof of sufficient cause is a condition precedent for the exercise of the extraordinary discretion vested in courts by section 5 of the limitation act. what counts is not the length of time but the sufficiency of the cause. shortness of delay is another circumstances to be taken into .....

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May 23 2014 (TRI)

G.M.R. Energy Limited and Others Vs. Karnataka Electricity Regulatory ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... not damages as per section 73 of the indian contract act, 1872 but an amount which offsets the adverse financial impact, namely the generating company is not out of pocket by obeying such statutory directions. (c ..... provide for payment of compensatory damages as in the case of contractual relationship where the measures of damages under section 73 of the indian contracts act, 1872 is related to market price prevalent at the relevant time. the tariff to be paid to the generating company which has been mandated is ..... , the state commission considered the average rate at which the power was transacted by the traders during the relevant period under round the clock contracts as per the statistics published by the central commission after discounting the marketing expenses and transmission charges involved. ii) the principle adopted by the ..... loi) issued to getl and constituted a valid and binding contract between the said parties. thus, the state government had in effect unilaterally amended the said valid contract under the guise of the statutory powers under section 11(1) of the act. f) during the period from 15.11.2008 to ..... 31.12.2008, the appellant had supplied power @ rs. 8.85 per unit and payment was received at the same rate. as such the distribution licensees were obliged to purchase the power at the same rate i.e. rs.8.85 for the remaining period of contract .....

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Sep 10 2010 (TRI)

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

Court : Appellate Tribunal for Electricity APTEL

..... as to rebate is contrary to the regulations, even then the corporation is liable to restore the benefit which has accrued to it under the contract. under section 65 of the indian contract act 1872, it is the obligation of the person who has received advantage under the agreement to restore that advantage or to make compensation for it to ..... 2004. 38. as mentioned earlier, the apex court judgment in the ptc india limited amply clarifies that the regulations under section 178 intervenes and even overrides the existing contracts. admittedly the dispute raised by the respondent corporation before the central commission is a dispute involving a generating company, the corporation and the appellant, electricity board, a transmission ..... ultra vires. in such 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 licensees with reference to ..... their existing and future contracts with the said regulations. (iii) a regulation under section 178 is made under the authority of delegated legislation and consequently its validity can be tested only in judicial review proceedings before the court and not by way of appeal before the appellate tribunal for electricity under section 111 of the said act. (iv) ( .....

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Feb 22 2013 (TRI)

Tamil Nadu Generation and Distribution Corporation Ltd Vs. Ppn Power G ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... from the appellant. 45. let us now refer to section 61 of the indian contract act, 1872 which is as under: ??section 61 of the indian contract act, 1872 ??where neither party makes any appropriation the payment shall be applied in discharge of the debts in order of time, whether they are or are ..... debtor, whether its recovery is or is not barred by the law in force for the time being as to the limitation of suits ? . 44. section 60 of the indian contract act, 1872 provides that the power company is well within its right to consider all payments received in any way as it pleases in the absence of any communication to the contrary ..... company by the appellant that payments were made against specific invoice. under those circumstances, section 59 of the indian contract act has no application. 43. let us now refer to section 60 of the indian contract act, 1872 which is as under: section 60 of the indian contract act, 1872 ??where the debtor has omitted to intimate and there are no other circumstances, indicating to which debt the ..... apply. on the other hand, the respondent submits that section 60 and 61 of the indian contract act alone would apply. let us first quote section 59 of the indian contract act, 1872 which is as under: ??section 59 of the indian contract act,1872 ??application of payment where debt to be discharged is indicated: where a debtor, owing several distinct debts to one person, makes a payment .....

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Oct 11 2012 (TRI)

M/S. Karamchand Thaper and Bros (C.S.) Ltd., Vs. M/S. M.P. Power Tradi ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... above said surplus power. it is difficult to read an absolute and unqualified acceptance in the above text as required under section 7 of the indian contract act, 1872. at best, it can be seen as a ploy for keeping the offer open in hope of roping in buyer(s) subsequently. we, therefore ..... into their communications and that is a well settled law that the acceptance must be absolute and unqualified as envisaged under section 7 of the indian contract act, 1872. both the parties have cited various rulings of the higher courts to buttress their contentions. let us first examine the communication dated 30th april, ..... of the parties as per section 8 of the indian contract act, 1872. (i) the present facts of the case would clearly reveal that m/s. karamchand thaper and bros (c.s) limited by its very conduct ..... states for the sale of surplus power as per the letter of intent in question. (h) it is true that section 7 of the indian contract act, 1872 provides that the acceptance must be absolute and unconditional. however, acceptance need not always be expressed. it may be implied or inferred from the conduct ..... . however, acceptance need not always be expressed, it may also be implied or inferred from the conduct of parties as per section 8 of the indian contract act, 1872. in bhagwati prasad pawan kumar v union of india 2006 (v) scc 311: (supra) the honble supreme court has also observed as under: ??19 .....

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May 16 2011 (TRI)

M/S Indo Rama Synthetics (i) Ltd, Vs. Maharashtra Electricity Regulato ...

Court : Appellate Tribunal for Electricity APTEL

..... consideration unless and until the parties are able to prove that the case falls under section 70 of the contract act, 1872. since the present case does not fall thereunder, the absence of written or formal contract is irrelevant. 3.7. under section 72 of the contract act, 1872, the appellant is entitled to receive the price of the inadvertent power provided to the grid from the ..... not authorize injection of power on behalf of the distribution licensees. 10. the appellant has referred to sections 70 and 72 of the indian contracts act, 1872 which are reproduced below: 70. obligation of person enjoying benefit of non-gratuitous act where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such another ..... delivered, by mistake or under coercion, must repay or return it. 11. in our opinion the section 70 and 72 of the indian contracts act, 1872 will not be applicable in the present case. the present case is governed by the electricity act, 2003 which is a complete code in itself. in the electricity grid, the sldc, in accordance with section 32 of the ..... of the appellant to the compensation for the alleged inadvertent injection of power into the grid without any schedule/contract. 6.1. we shall first examine the relevant sections of the act and the regulations. section 32(1) and (2) of the electricity act, 2003 relating to function of the state load dispatch centre (sldc) is reproduced below: 32. functions of state .....

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May 12 2008 (TRI)

Reliance Energy Limited Vs. Maharashtra Electricity Regulatory Commiss ...

Court : Appellate Tribunal for Electricity APTEL

..... of learned senior counsel for the respondent that novation, rescission or alteration of a contract under section 62 of the indian contract act, 1872 can only be done with the agreement of both the parties to a contract and one party cannot unilaterally alter the term thereof is unassailable. 47. it appears ..... that novation, rescission or alteration of a contract under section 62 of the indian contract act, 1872 can only be done with the agreement of both the parties to the contract. both the parties have to agree to substitute the original contract with the new contract or rescind or alter the same. based on ..... it does not on its face contain any ambiguity. the high court itself said that ex facie the document appears to be a contract of indemnity. surrounding circumstances are relevant for construction of a document only if any ambiguity exists therein and not otherwise. 39. the learned ..... the language of these clauses is crystal clear. an ambiguity is sought to be created by the appellant by referring to material outside the contract. 37. it is well settled that when an agreement carries no ambiguity, it is not permissible to refer to surrounding and attending circumstances ..... 1999 (i.e. rs. 9 crore for four months). honble supreme court subsequently nullified the aforesaid order as after electricity regulatory commission act, 1998 coming into effect, no authority except state regulatory commission was empowered to determine tariff of the utilities in the state. thereafter rel filed .....

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Oct 01 2010 (TRI)

In the Matter Of: Maharashtra State Electricity Distribution Co. Ltd V ...

Court : Appellate Tribunal for Electricity APTEL

..... appellant cannot say that it was not liable to make any payment since no rate at all was fixed. section 70 of the indian contract act, 1872 makes it obligatory on the person who enjoys the benefits of nongratuitous act to pay compensation to the person who has provided the benefit. the plea that no payment could be made because the area was gray ..... same have no bearing on the instant case which is a private commercial agreement based on the provisions of sale of goods act and section 70 of the indian contract act, 1872, as referred to by this tribunal in its judgment dated 05.02.2008 in appeal no. 15/07. 34. further, it is to be pointed out, the respondent association before ..... the appellant cannot say it was not liable to make any payment since no rates were fixed, as the section 70 of the indian contract act makes it obligatory on the person who enjoys the benefit of non-gratuitous act to pay compensation to the person who has provided the benefit. admittedly this order has not been challenged. 28. so these aspects would .....

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May 12 2008 (TRI)

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

Court : Appellate Tribunal for Electricity APTEL

..... is deemed to be issued under undue influence, this communication can not be treated as a valid contract keeping in view the provisions of section 10, 13, 14 and 16 of the india contract act, 1872. 19. npcl has in its submission to the tribunal, stated that earlier in terms of the agreement ..... 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. it is a total ..... unconstitutional. iii) the agreement dated 08.05.2006 was contrary to law and therefore not binding and enforceable being hit by 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 ..... 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. ..... 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. .....

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