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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: appellate tribunal for electricity aptel Page 1 of about 24 results (0.039 seconds)

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

..... ? . 23. as per this section, the acceptance must be absolute , unconditional and unqualified 24. let us now refer to section 8 of the indian contract act which reads as under: ??section 8 acceptance performing conditions, or receiving consideration: ??performance of the conditions of proposal, or the acceptance of any consideration for ..... 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 ..... been a very natural and business like course for sir shapurji to take, and necessarily resulted, when the appellant accepted the terms, in the formation of a binding contract ? . 33. in the light of the above decisions, we shall discuss the issue taking note of the present facts of the case ..... and acceptance even in respect of any material term, acceptance cannot be said to be absolute and unqualified and the same will not result in the formation of a legal contract ? . (f) k. sriramulyu v. aswatha narayana, reported in air 1968 sc 1028. ?? ? .it appears to be well settled by ..... requested to kindly quote your rate at the delivery point mentioned in clause-1 above for purchase of above said power (in the prescribed format attached as annexure-a). your offer along with the documents as per para-11 must reach this office latest by 24.4.2009 upto .....

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Jul 10 2013 (TRI)

Tamil Nadu Generation and Distribution Corporation Ltd., Chennai Vs. M ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... , america and australia that money paid under a mistake of law could not be recovered and that that was also the intendment of s.72 of the indian contract act ? . at para (24), the honble supreme court has also observed as follows:- ??(24) we are of opinion that this interpretation put by their ..... scc page 135) in order to establish their plea that money paid by mistake can be claimed for back or refund u/s 72 of the indian contract act. this decision of the honble supreme court is not applicable to the facts of the present case, as there is no material to show that ..... 1959 scc page 135). in the said case, the honble supreme court has in paras 9 and 10 observed as follows:- ??(9) section 72 of the indian contract act is in the following terms: ??a person to whom money has been paid or anything delivered by mistake or under coercion, must repay or return it ? ..... brings into existence, an agreement between the petitioner company and the respondent board even though it is not signed by the parties in the legal format of an agreement. the respondent is bound by the said agreement which has come into existence by way of correspondence and also by the doctrine ..... for simple cycle and combined cycle during the first year of operation. (j) schedule 6 to the ppa refers to availability declarations and dispatch declarations and formats have been prescribed. (k) schedule 29 to the ppa deals with tariff table specifying individual tariff component. during the first year of operation tariff for .....

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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

..... into 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 ..... applicable for renewable energy project other than wind and mini hydel. these conditions are set out by the reason of the agreement being in the prescribed format which such of the clauses being applicable at the relevant time. 21. the state commission has specifically found that the delay in putting up of ..... the necessity is for meeting with the requirements as per article 8.1, 8.2 and 8.7 of the standard wheeling and banking agreement format approved by the commission, which details parameters like specification of the meters to be fixed at the sending and receiving ends and also the scada ..... of the wba was entirely on him for being ignorant and having not fulfilled the required conditions under article 8 of the standard wba format in time; (5) in the operation of the power system, the generator or the electricity supply company (escom) have always a remedy to ..... there was no schedule or there was no agreement between the parties. 20. the wheeling and banking agreement was standard format prescribed by the state commission. the requirement with regard to abt meters and ui charges relating to partially exclusive consumers is clarified in the prescribed .....

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Oct 31 2007 (TRI)

Hindalco Industries Ltd. (Formerly Known as Indian Aluminium Co. Ltd.) ...

Court : Appellate Tribunal for Electricity APTEL Delhi

..... electricity regulatory commission (terms and conditions) regulations, 2005 and clause 4.2 of the west bengal electricity regulatory commission (terms and conditions for open access - schedule of charges, fees and format for open access) regulations, 2005. these provisions need to be set out for facility of reference.regulation 14.3(b) of the west bengal electricity regulatory commission (terms & conditions) ..... in appeal no.1 of 2006. the appellant is a manufacturer of aluminium and copper. it has a factory at belurmath, west bengal. the appellant is having an existing contract demand agreement for 8.5 mw with the cesc limited and draws power at a voltage of 33 kv through dedicated lines from the belurmath receiving sub-station of cesc ..... applicable network is the 33 kv distribution system on which the electricity is being rolled to the appellant. no further elaboration is required. 15. the commission ought to have acted in consonance with the aforesaid decision of the tribunal. both judicial discipline and propriety require the commission to comply with the orders of the tribunal, irrespective of its own ..... subsidize the mv and lt consumers, and is, thus, unjustly been levied with a surcharge. such cross-subsidization or levying of surcharge is neither contemplated nor permissible in the electricity act, 2003 specially with respect to wheeling of captive power. j. wheeling charges for open access is determined under clause 14.3 (b) of the west bengal electricity regulatory commission .....

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Jan 02 2013 (TRI)

AllaIn Duhangan Hydro Power Limited Vs. Everest Power Private Limited ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... control area: area comprising allain duhangan hep, malana ii hep, 220 kv allain duhangan ?? nalagarh line, lilo of this line with chhaur sub-station will form separate control area. (h) formation of a coordination centre: coordination centre to be managed jointly by adhpl and eppl. (i) responsibility of the coordination centre: as described in the impugned order. (j) procedures: scheduling, ..... mumbai corresponding to the capacity contracted by them before power is supplied to other entities. the tribunal set aside the directions of the state commission relying on the above judgment of the supreme court. in ..... by the commission under section 23 to supply power to a distribution licensee of the state. the honble supreme held that the generating company had freedom to enter into contract for supply of power. in the case (ii) above the state commission had given certain directions to the generating company for ensuring supplies to the distribution licensees of ..... from time to time and the rules and regulations framed there under and (b) the rules governing the overhead lines as specified in the indian electricity rules, 1956 till they by corresponding rules framed under the electricity act, 2003. this approval is also subject to the following conditions: 1. the implementing agency will commence construction of the project within 3 years .....

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Jul 11 2006 (TRI)

Indian Aluminium Co. Limited Vs. West Bengal Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL791

..... electricity regulatory commission (terms and conditions for open access) regulations, 2005 and the west bengal electricity regulatory commission (terms and conditions for open access - schedule of charges, fees & formats for open access) regulations, 2005 is not correct nor it could be sustained in law. the said commission having taken the view that in regard to wheeling, the central regulations ..... direct employment to 800 persons. the appellant is a power intensive industry. the electricity for the appellant's factory is obtained from cesc limited (second respondent) at a contract demand of 8.5 mw at the voltage of 33 kv through bellur receiving sub-station.the appellant invested more than rs. 5 crores towards installation of 33 kv ..... from one state to the other through open access. regulations 17 to 21 of the central electricity regulatory commission (open access in inter-state transmission) regulations, 2004 and the indian electricity grid code (iegc) notified by the central commission are applicable and it governs the "energy accounting" of such open access in inter-state transmission.37. regulation 21, ..... mandates that the area licensee shall supply power so long as the consumer remits the charges prescribed as per tariff notification and as provided in section 45 of the electricity act, 2003. section 48 enables the distribution licensee to impose certain additional conditions when open access is permitted. 49. agreements with respect to supply or purchase of electricity.- .....

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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

..... approval 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 fallacy ..... per kw/h. the details can be obtained by npcl from uperc and sldc of uppcl. they will have to apply to state load despatch centre in the prescribed format. yours sincerely, sd/- (ashok khurana) shri rakesh bahadur, chairman, noida chairman cum ceo, greater noida 169, chitvan estate, sector gamma greater noida up ..... of marginal cost as given in letter of 10.05.06 is virtually the same as the definition of marginal cost given by the forum of indian regulators in the minutes of meeting held on 17th and 18th december, 2004. reference can be made to paragraphs 26, 27 and 29 of my ..... out the average pooled purchase cost of additional power of 400 mw. 4. reliance on the minutes of meeting of the group of forum of indian regulators for giving recommendations on the computation of surcharge and additional surcharge on account of open access held on december 17-18, 2004 cannot be placed ..... the learned counsel for the uppcl has drawn our attention to the minutes of a meeting held on 17th and 18th december, 2004 of the forum of indian regulators. the uperc is one of the members of this forum. in the minutes the method of computation of marginal cost was discussed. at para .....

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Oct 25 2007 (TRI)

Uttar Pradesh Power Corporation Vs. Noida Power Company Ltd. and Uttar

Court : Appellate Tribunal for Electricity APTEL

..... the approval 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.may, 2006 is forbidden by ..... un- constitutional. 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 so ..... i) the agreement dated 08.05.2006 was obtained by uppcl from npcl by undue influence as defined under section 16 of the contract act and did not amount to a contract under section 10. ii) the claim of uppcl to charge power supply to one distribution company in the state @ rs.8.80 ..... access to npcl. it also ignored that npcl after such availability of open access did not make the demand for the same in the prescribed format. yet the npcl continued to blame the uppcl for denial of open access and the commission accordingly held that uppcl denied open access and there ..... the learned counsel for the uppcl has drawn our attention to the minutes of a meeting held on 17th & 18th december, 2004 of the forum of indian regulators. the uperc is one of the members of this forum. in the minutes the method of computation of marginal cost was discussed. at para 'c .....

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Sep 28 2006 (TRI)

Transmission Corporation of A.P. Vs. Andhra Pradesh State Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL682

..... for captive consumption and 2.4 mw capacity for sale to aptransco. (d) the commission after review of the existing ppas for nce projects approved a standard draft ppa format in consultation with aptransco and nce developers. the standard draft ppa at article 10 included the following whenever generation exceeds the installed capacity, the energy delivered by the project ..... surplus power can be sold to aptransco in case of exigencies or otherwise" further, on 15^th november, 2003 the commission approved yet another modification to the ppa format that "the delivered energy shall be limited to the energy calculated at 100 per cent plf with net exportable capacity, i.e., after deducting capacities for auxiliary consumption ..... its purposes and insist on the purchase of the same by the aptransco/apsdcl or on supply to others. all power purchase agreements are mere contracts, which are by virtue of section 174 of electricity act, 2003 subordinated to the statutory provisions. any provision in the said power purchase agreement, which authorizes an activity not sanctioned by statue, is ..... commission the need for harmonizing and rationalizing the provisions in the indian electricity act 1910, the electricity (supply) act, 1948 and the electricity regulatory commission's act 1997, in a new self-contained comprehensive legislation arose electricity act, 2003 in its preamble provides that one of the main "aims" of the act is to ensure promotion of efficient and environmentally benign policies (b .....

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May 08 2008 (TRI)

Small Hydro Power Developers' Vs. Transmission Corporation Of A.P.

Court : Appellate Tribunal for Electricity APTEL

..... sale, in the absence of conferring the status of licensee under section 3 of the indian electricity act, the entrepreneurs/ developers of non-conventional energy power may be handicapped in effecting third party sales to the needy and contracted consumers. therefore, it is hereby ordered that the entrepreneurs/ developers covered by g. ..... limited, vbc ferro alloys limited, mishra dhatu nigam limited and panyam cements & mineral industries limited on the other hand, for the purpose of formation and registration of a new company under the name and style of andhra pradesh gas power corporation ltd. (for short apgcl) for the purpose ..... for using the transmission lines of the licensee. we have also held that under the provisions of the reform act, the commission is not competent to reopen the concluded contracts and revise the wheeling charges as the same falls in the realm of policy matters on which the government ..... or the government.53. it was argued by the learned counsel for the respondents that the parties had entered into contracts and in case of any breach of a contract by the licensees, the aggrieved parties can claim damages but in no case the principle of promissory estoppel can ..... liabilities to set-up a hotel. presumably, if the loan was not forthcoming, the respondent may not have undertaken such a huge project. acting on the promise of the appellant evidenced by documents, the respondent proceeded to suffer further liabilities to implement and execute the project. in the .....

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