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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: appellate tribunal for electricity aptel Page 1 of about 279 results (0.040 seconds)

May 27 2014 (TRI)

M/S. Punjab Bio Mass Power Ltd. Vs. Punjab State Electricity Regulator ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... 2010-11. by adopting the double penalty measures, the state commission has caused irreparable financial loss to the appellant, in contravention of section 74 of the contract act, 1872. 12.17. that since the appellant had paid the penalty of rs. one crore, the cod of the plant must have been extended to the ..... case of m/s. hindustan construction contractors vs. state of maharashtra, the honble supreme court was dealing with a case in which there was a contract between the appellant - contractor and the state for construction of an aqueduct across the canal and in the agreement there was a clause providing for extension ..... of the plant as double penalty is not permissible in law because by payment of penalty, it is presumed that time is not the essence of the contract as held in m/s. hindustan construction contractors v. state of maharashtra, (1979) 2 scc 70; burn and company, limited v. his highness ..... of commissions order dated 30.09.2010 is not correct. (ix) that with regard to the judgment of this tribunal, the re-opening of the contract for encouraging and promoting renewable sources of energy projects cannot be at the cost of the state consumers. the state commission had allowed revised tariff to ..... too high in comparison to consumer tariff at the time of nrse policy prevalent at the time of fixing tariff in 2007, and therefore, amended contract may not be re-opened for further revision of tariff as per revised regulations/orders of the state commission since these were to be made .....

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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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Apr 04 2014 (TRI)

Paschim Gujarat Vij Company Ltd., and Another Vs. Gujarat Electricity ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... having sought the services of parallel operation with an undertaking to pay, is required to pay the charges on the principle of quantum meriut under section 70 of the indian contract act, 1872. 4.10. that the parallel operation charges/grid support charges are levied in several states by the orders of the state commission. 4.11. that this appellate tribunal in its ..... shall be dismissed, although limitation has not been set up as a defence.? article 55 as provided under part-ii of the limitation act, 1963 which relates to contracts reads as under: for compensation for the breach of any contract, express or implied not herein specially provided for three years. it is also provided that the time from which period begins to run ..... the period prior to 26.07.2011 is after more than three years and by virtue of article 55 of the limitation act, 1963, a limitation of three years has been prescribed for claiming compensation for any breach of contract and any such claim or compensation beyond a period of three years is barred by limitation. 16. the learned state commission has ..... and shaifali rolls cannot take advantage of the accommodation shown by the appellants. 5.6 article 55 of the limitation act, 1963 is applicable to the matter in this appeal. article 55 deals with suit for compensation for the breach of any contract, express or implied not therein specially provided for and the period of limitation prescribed is three years. the limitation .....

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Nov 11 2013 (TRI)

In the Matter Of: Gujarat Urja Vikas Nigam Limited Vs. Gujarat Electri ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... do not convey the intention correctly. general assurance society ltd. vs. chandmull jain regarding section 56 of the contract act, 1872, the learned counsel for the appellant has cited the cases of recorded in air 1966 sc 1644 wherein it was observed that a ..... was ready in september, 2011, namely, before 31st december, 2011 and the appellant could not under the law, namely, section 171 of the contract act straightway adjust amounts from the energy bills towards its claim for liquidated damages. thus, learned counsel for the respondent no.2 has vindicated /defended the ..... respondent no.2 in reply to the aforesaid submissions raised on behalf of the appellant referring to section 74 of the contract act has meekly submitted that when a contract provides for payment of liquidated damages in the event of breach, the complaining party is only entitled to reasonable compensation for ..... as it deems reasonable having regard to all the circumstances of the case. jurisdiction of the court to award compensation in case of breach of contract is unqualified except as to the maximum stipulated; but compensation has to be reasonable, and that imposes upon the court duty to award compensation ..... the interconnection facilities. (iii) the power producer shall sell all available capacity from identified solar photovoltaic grid interactive power plants to the extent of contracted capacity on first priority basis to guvnl and not to sell to any third party. (iv) the power producer shall seek approval of getco .....

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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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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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Dec 14 2012 (TRI)

Western Electricity Supply Co. Ltd. (Wesco) Vs. Orissa Electricity Reg ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... company. d) it is well-established that ??consensus and idem or ??free consent is a fundamental tenet of contract law, and is recognized under section 13 and 14 of the indian contract act, 1872. any direction by this tribunal which seeks to implement the existing contractual arrangement at ht rates rather than eht rates ..... is binding on the wesco it was the stand the steel company and the wesco contended that it was a bilateral contract, as such was beyond the adjudication of dispute under the act, while the commission ruled that nothing should be done contrary to the law. on the third issue whether the ..... kv feeder. at the same time, admittedly the cement company is a regular consumer of the wesco for availing supply at 132 kv at a contract demand of 43.5 mva. as the wesco levied cross subsidy surcharge the cement company approached the commission through the case no 10 of 2008 ..... ) this was supported by the following observations of the commission vide its order dated 26.08.2010 passed in case no.139 of 2009. ??the present contract demand of ocl shall continue unless ocl requests for a change ? . ??we direct that the simultaneous maximum demand shall be calculated by arithmetic sum of ..... company at 11 kv shall be treated as eht consumer of the appellant and the maximum demand for billing shall be calculated accordingly although, the contract demand of the cement company with the appellant shall continue as usual. the commission came to the finding that the cement company can be injected .....

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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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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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