Electricity Act, 2003, Section 56 -- Electricity dues - Non-payment - Negligence on part of licensee which led to short billing in first instance and rectification of same after mistake is detected, is not covered by S.56(1) of the Act - Consequently, any claim so made by licensee after detection of their mistake, may not fall within mischief `no sum due from any consumer..........
Electricity Act, 2003, Section 81, Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations 2005 -- Regn.9.2.1 - Electricity - Reduction of sanctioned load - Respondent applied several times for enhancement of electricity load by agreements - Application for reduction of load was rejected on the ground that application was filed before expiry..........
Electricity Act, 2003, Section 180, HPSEB Junior Engineer (Electrical), Junior Engineer (IT) Class-III (Non Gazetted) Recruitment and Promotion Rules, 2006, Rule 10A -- Service - Post of Junior Engineer (Electrical) - Degree in Electrical Engineering/Electrical and Electronics Engineering is technically higher qualification than diploma in that discipline and degree..........
Arbitration and Conciliation Act, 1996, Section 11(6), Electricity Act, 2003, Section 86(1)(f) -- Appointment of arbitrator - S.86(1)(f) of 2003 Act is a special provision which overrides the general provisions contained S.11 of 1996 Act...........
Civil Procedure Code, 1908, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Dismissal of application - Theft of electricity - Jurisdiction of Civil Court - There is no bar to jurisdiction of Civil Court after the order is passed by forum created by defendants - No ground to interfere made out - Application rightly dismissed...........
Electricity -- Previous electricity dues of last owner - Liability of purchaser - Electricity dues where they are statutory in character under Electricity Act as per terms and conditions of supply cannot be waived in view of S.56 of Electricity Act and cannot partake character of dues of purely contractual nature...........
Electricity Act, 2003, Section 43 -- Recovery of amount - Deemed incentive - Power Purchase Agreement by Board with Corporation, wherein former was to purchase and later to supply - Tariff for sale was to be determined by Central Government - Prior to power purchase agreement, notification issued that Units using naphtha to receive incentives - Later said notification..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Categorical case of plaintiffs is that they are in possession over suit property through a registered sale deed executed in favour of their father - Various documents in shape of electricity connection and other receipts were filed by defendant which was disbelieved by trial Court - Even otherwise, such..........
Electricity Act, 2003, Section 62 -- Determination of tariff - Tariff fixation u/s 62 of the Act is quasi judicial function...........
Electricity Act, 2003, Section 62 -- Determination of tariff - Once tariff proposal is published and goes u, objected before State Commission, question of disclosure of reason for such fixation would not arise at the stage of finalization of tariff, in absence of any statutory provision to the contrary - If such tariff orders are later challenged before appellate Forum or..........
