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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: appellate tribunal for electricity aptel appellate jurisdiction Page 1 of about 8 results (0.035 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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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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Jan 29 2014 (TRI)

East Coast Railway Through Chief Electrical Distribution Engineer Vs. ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... been mentioning from time to time that the efficiency of discoms is to be improved by improving their standards. but, it is fact that since, formation of these discoms, every year the discoms achievement in reduction of losses, 100% metering and service of standards, efficiency etc. are well below the ..... east central railway, which also operates under ministry of railways also avails traction supply at 132 kv at one traction sub-station with 17 mva contract demand 55.89 mu energy consumption and paying rs.29.43 crores per annum. over all the appellant railways, union of india, herein contributes ..... fast depleting petroleum based energy. in view of the above, it is apparent on the face of it that the appellant is catering to the indian economy as a whole, and being the public utility serving the common masses of the country and does not have a profit motive. d. ..... been within 20% of the cost of supply at the respective voltage of supply. the legislature by amending section 61(g) of the electricity act by act 26 of 2007 by substituting eliminating cross subsidies has expressed its intent that cross subsidies may not be eliminated. 17. the tariff policy provides ..... commission this tribunal held that by not creating a separate category for railway traction, the state commission has not violated any provision of the electricity act, or tariff policy or the tariff regulations. admittedly in some other states the state commissions have created a separate category for railway traction. however, .....

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Apr 30 2013 (TRI)

M/S. Jasper Energy Private Limited., Karnataka Represented by T. Rajes ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... to grant approval for wheeling and banking; c. direct the first and second respondents to execute a wheeling and banking agreement with the petitioner in the format approved by this honble commission; d. grant the cost of this petitioner; e. pass any other order/s in the interest of justice and equity ..... the ppa and applicable legal provisions of law. in fact, the company has considered the ppa terminated automatically on the grounds of frustration of contract and other provisions of the ppa which made it automatically terminated. though, honble karnataka regulatory commission held that the ppa is valid and the ..... payable by hescom for the delivered energy in accordance with article- 5.1 6.2. payment: hescom shall make payment of the amounts due in indian rupees within fifteen (15) days from the date of receipt of the tariff invoice by the designated office of hescom. 6.3. late payment: ..... (90) days after such dispute arises, then it shall be referred to the commission for dispute resolution in accordance with the provision in the electricity act 2003. 88. the above article refers to the following procedure: ??all the disputes or differences between the parties arising out of ppa shall be ..... present case, the appellant has exercised its right to terminate without first invoking the article 10 and attempting to settle the same amicably. such an act is contrary to the terms of agreement. therefore, the appellant is not entitled to the reliefs sought for in the present proceedings. 16. in .....

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May 24 2013 (TRI)

Beta Wind Farm (P) Limited Chennai and Others Vs. Tamil Nadu Electrici ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... 7 provides for energy purchase agreement and energy wheeling agreement and the same is reproduced below: ??7. energy purchase agreement (epa) and energy wheeling agreement (ewa) the format of the energy purchase agreement (epa) and energy wheeling agreement (ewa) shall be evolved by the commission after discussion with the generators and the distribution licensee. before 10th ..... transmission capacity for tangedco should be the summation of its own net generation capacity connected to tantranscos transmission system, share in central sector stations, other long term contracted capacity from ipps connected to the tantranscos system, etc. similarly the allotted transmission capacity for the appellant and other wind energy generators should be their respective installed ..... reduced or dispensed with in view of the satisfactory growth in the installed capacity of wind generators? c) cerc initially introduced scheduling of wind energy in accordance with indian electricity grid code, 2010 with effect from 1-1-2012. accordingly the commission proposes to introduce scheduling of wind energy and installation of abt meters ? 42. ..... the state load despatch centre is not only responsible for scheduling but also for system operation and energy accounting. according to section 32(3) of the electricity act, 2003, the state load dispatch centre is responsible for optimum scheduling and dispatch of electricity within the state, monitor grid operations, keep energy accounts of electricity transmitted .....

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Nov 14 2013 (TRI)

In the Matter Of: Davangere Sugar Company Vs. Karnataka Electricity Re ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... .1 provides that the respondent shall submit to the chief engineer electricity, corporations load despatch centre, bangalore, tariff invoice for each billing period in the format prescribed by the petitioner from time to time setting forth those amounts payable by the petitioner for the delivered energy in accordance with article 5.1. ..... hit by the principles of res judicata? (b) whether it is open for the state commission to re-open the matter of termination of contract including the defaults of the respondent when the said issue had earlier stood adjudicated and decided by the state commission which was confirmed by this tribunal ..... by it with the petitioner, it has become liable to face the consequences thereof, i.e., to compensate the petitioner for non-supply of electricity contracted to be sold. the fact that the respondent was granted ??noc ?? to sell electricity to third party as per the orders of the cerc will ..... article 6.2 obligates on the corporation, the petitioner herein, to make payment of the amount due in indian rupees within 15 days from the date of delivery of the tariff invoice by the respondent to the designated officer of the petitioner. article 6. ..... (a) the appellant is a generating company. it entered into a power purchase agreement with kptcl, the transmission and bulk supply licensee under karnataka reforms act for the sale of power from its plant situated at davangere on 17.1.2002. (b) the kptcl on 5.7.2003 terminated the ppa .....

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