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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: appellate tribunal for electricity aptel Year: 2011 Page 1 of about 42 results (0.034 seconds)

May 16 2011 (TRI)

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

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-16-2011

..... 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

Decided on : Jan-05-2011

..... 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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Jul 28 2011 (TRI)

In the Matter of Maharashtra State Electricity Distribution Company Li ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-28-2011

..... and aligned with the said regulations. in other words, the impugned regulations made an inroad into even the existing contracts. this itself indicates the width of the power conferred on cerc under section 178 of the 2003 act. all contracts coming into existence after making of the impugned 2006 regulations have also to factor in the capping of the trading ..... regulatory commission (sharing of inter-state transmission of charges and losses) regulations,2010 (ists regulations), after following the due process as contemplated under section 178(3) of the electricity act, 2003. 5. as per the ists regulations dated 15.6.2010, the 2nd respondent national load despatch centre (nldc) was designated as the implementing agency for implementing these regulations ..... by making regulations under section 178 and not by passing an order under section 79(1)(j) of the 2003 act. therefore, in our view, if we keep the above discussion in mind, it becomes ..... margin. this itself indicates that the impugned regulations are in the nature of subordinate legislations. such regulatory intervention into the existing contracts across the board could have been done only .....

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Jul 28 2011 (TRI)

In the Matter Of: Maharashtra State Electricity Distribution Company L ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-28-2011

..... the party in the very same open access transactions has to approach the commission for the other portion of transaction with another portion of the contracting parties. this could not have been the intention behind the act. 37. this could be viewed from yet another angle. under the cgrf,2006 there is a specified procedure to undergo before approaching the consumer ..... the consumer grievance redressal forum comes into play only on the non-performance of a service or obligation by the distribution licensee pursuant to any arrangement under a license or contract or agreement inter alia for providing open access. in other words, it does not come into effect at a threshold stage when a consumer has simply applied for ..... fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which has been undertaken to be performed by a distribution licensee in pursuance of the licence, contract, agreement or under the electricity supply code or in relation to standards of performance of distribution licensees as specified by the commission. when there is a grievance as defined ..... fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which has been undertaken to be performed by a distribution licensee in pursuance of a licence, contract, agreement or under the electricity supply code or in relation to standards of performance of distribution licensees as specified by the commission and includes inter-alia (a) safety of .....

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Jul 22 2011 (TRI)

In the Matter: M/S. Entertainment World Developers Pvt.Ltd, Madhya Pra ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-22-2011

..... premises having mixed load.(b) others: this tariff is applicable for supply to establishment like railway stations, offices, hotels and institutions etc., having mixedload. the contract demand shall be expressed in whole number only.1.194 the character of service shall be as per madhya pradesh electricity supply code, 2004.1.195 the ..... the commission has power to take action against any person who violates any regulations or any order of the commission under section 142 of the electricity act, 2003. in the instant case also when it was noticed that some arrangement has been done by the respondent no.2 which is not in ..... . 2 and in that petition the issue was that it was the respondent no. 2 who violated the 7th proviso to section 14 of the act while serving the single point connection, while in the latter the question was whether the commission was empowered to levy lt tariff on ht consumers and ..... tariff by the commission from the date of connection i.e. 01.06.2005.v) the respondent no.2 in accordance with the scheme of electricity act, 2003 and the rules and regulations framed thereunder is required to charge its consumers in accordance with the tariff determined by the commission and in this ..... the connections served through bulk supply to a group of non-domestic consumers are not in conformity with the 7th proviso to section 14 of the electricity act, 2003.ii) consequent upon the high courts order dated 05.10.2007 passed in writ petition no. 2749 of 2007 the appellant approached the .....

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Jul 22 2011 (TRI)

In the Matter of M/S. Bhagyanagar Solvent Extractions Private Limited, ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-22-2011

..... and communicated its approval. seeking approval of the supplemental ppa is not in the nature of an adversarial in litigation between the two parties. the parties to the contract put their signatures in the documents and the said document was placed before the commission for its approval. therefore, the question of there being a violation of principle ..... nce projects received in the commission on or after 10.6.2004 will be considered only after the determination of the tariff for the nce projects as per electricity act, 2003. since the said ppa had been received after 10.6.2004, the same was returned for re-submission after the tariff in respect of nce projects ..... karnataka electricity regulatory commission at bangalore. further, on discussions both the parties have agreed and signed a joint memo dtd 17.05.2007. (v) as per electricity act 2003, kptcl is barred from trading electricity with effect from 10.6.2005. hence the ppa dated 18.10.2001 in respect of m/s. bhagyanagar solvent extractions ..... . (ii) since in this case, the parties were well informed by way of direction of the commission in its order dated 31.5.2007, the act of approving the supplemental ppa on 3.2.2010 in terms of the order dated 31.5.2007 was only a formal ministerial ..... act. the said order of 31.5.2007 was passed by the state commission only after hearing both the parties and the said order is fully binding .....

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Jul 15 2011 (TRI)

In the Matter Of: Gujarat Electricity Transmission Company Ltd Sardar ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-15-2011

..... findings of the central commission. iii. we are in agreement with the findings of the central commission and hold that the contract path method was the only method which would meet the requirements of section 35 and 36 of the act. iv. since there were no effective regulations since 1.4.2004 to determine charges for usage of intervening transmission facilities, the ..... in the light of above discussions, we are in agreement with the findings of the central commission and hold that the contract path method was the only method which would meet the requirements of section 35 and 36 of the act. the question is answered accordingly. 56 next question for our consideration as to whether the central commission has rightly given retrospective ..... from the findings of the central commission referred to above it can be seen that the central commission has held that the contract path method is in line with the national tariff policy and sections 35 and 36 of the act and was just and fair. 54 finally, the appellant has placed strong reliance on phrase transmission charges used in sections 38 ..... no. 2 and 3 are intervening transmission facilities in terms of section 35 and 36 of the electricity act 2003 or a part of transmission network in terms of section 39 of the act? iii. whether the central commission has rightly adopted the contract path method while determining charges for usage of specified transmission network of the appellant for conveyance of central sector .....

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Jul 11 2011 (TRI)

In the Matter: K. Raheja Corporation Pvt.Ltd, Mumbai Vs. Maharashtra E ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-11-2011

..... distribution system of such distribution licensee for obtaining supply of electricity from a generating company or from a licensee other than such distribution licensee. accordingly, at the present contract demand of a consumer must be not less 8 than 1 mva to seek open access. thus, in principle, the clarification raised by the petitioner is answered ..... canvass a case that ht industrial commercial category consumer and commercial category consumer would undertake sub-distribution to mixed loads without obtaining a valid licence under the electricity act, 2003, while on the other hand advance submissions that the commission ordered for discontinuance of single point supply, particularly when several allegations were made in the print ..... the affected consumers is not sustainable. moreover, the commissions order dated 03.10.2006 was directed against errant consumers to ensure compliance with the provisions of the act. also, the commission provided all clarifications as were sought for. c) commercial/residential complexes and buildings receive single point supply in individual name. therefore, sub-distribution ..... cases:- a) distribution licensee has not laid distribution back-bone, b) unable to supply required power, c) unable to supply required power in allowed time under the act? the maharashtra electricity regulatory commission (distribution open access) regulations, 2005 specifies the eligibility to seek open access and accordingly so far as eligibility criterion is satisfied a .....

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Jul 11 2011 (TRI)

In the Matter Of: Torrent Power Limited, Ahemdabad Vs. Gujrat Electric ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-11-2011

..... by ms chauhan as under: clause 1.48: the system peak demand of tpl-d for the year fy 2008-09 is 1494 mw. the contract demand for all the ht consumers is about 444 mw. assuming that total contact demand of ht contributes to the system peak demand, the total demand ..... will be under-recovery which will have to be compensated by other consumers which is not the intention of section 42(2)(3) of the act which provides for non-discriminatory open access but not any preferential tariff or treatment at the cost of other retail consumers. in view of the ..... to all the generating stations and regions. provided further that the benefits of tax-holiday as applicable in accordance with the provisions of the income-tax act, 1961 shall be passed on to the beneficiaries. provided further that in the absence of any other equitable basis the credit for carry forward losses ..... 2) any under-recoveries or over-recoveries of tax on income shall be adjusted every year on the basis of income-tax assessment under the income tax act, 1961, as certified by the statutory auditors. provided that tax on any income stream other than the core business shall not constitute a pass through ..... would ensure that the appellant earns permissible return of 14% stipulated in regulation 66 of the regulations and mandate of section 195a of the income tax act is also complied with. the national tariff policy stipulates that the regulatory commission may adopt rate of return as notified by the central commission with appropriate .....

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May 31 2011 (TRI)

In the Matter of New Delhi Power Limited Ndpl Delhi Vs. Delhi Electric ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-31-2011

..... this shortage of supply in the grid compared to demand leads to under-frequency. even when generating stations generate to their full commitment, there can be excess drawl through un-contracted demand as several states in the northern region overdraw frequently beyond their sanctioned entitlement. if at the same time other states draw their full entitlement, the excess drawl of power ..... :30. 51. it cannot be disputed that the state commission shall be guided by the principles that reward efficiency in performance as provided under section 61(e) of the electricity act, 2003. similarly, the said section provide that state commission shall be guided by the national electricity policy and tariff policy. therefore, the state commission should have allowed the carrying ..... to the reality since it does not take into account the load situation, load mix, demand, under-frequency relay, etc. and the implication of section 43 of the electricity act, 2003. 15. according to the appellant, even assuming that the delhi commission has a right to designate the sale as controllable for the purpose of recovery of supply margin, ..... in the northern and western regional transmission grids. this, in turn, leads to forced load shedding to protect the grid from totally collapsing. 14. under section 43 of the electricity act, 2003, the appellant is under a universal supply obligation. as such, for such supply, the treatment in myt regulations is prudent since it factors in supervening factors outside discom .....

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