Electricity Act, 2003, Section 135, Legal Services Authorities Act, 1987, Section 22 -- Theft of electricity - Jurisdiction of Permanent Lok Adalat - Permanent Lok Adalat cannot interfere in a matter where petitioner/Punjab State Power Corporation has issued notice u/s 135 of Electricity Act alleging theft of electricity...........
Electricity Act, 2003, Section 135, 145 -- Theft of electricity - Jurisdiction of Civil Court - There is a specific bar under which jurisdiction of Civil Court to entertain suits/proceedings in respect of matters falling u/s 126 of the Act is expressly barred - Even, qua the final assessment order, Civil Court has no jurisdiction to deal with declaration suit pertaining to..........
Electricity Act, 2003, Section 135, 126 -- Unauthorised use of electricity - Where there is no theft of energy amounting to unauthorised use of electricity, in such cases, no complaint of theft can be lodged as contemplated u/s 135 of the Act and it is always open for authorities to assess loss of energy by resorting to power u/s 126(1) of the Act - However, where..........
Electricity Act, 2003, Section 135 -- Meter not recording correct reading - Claim settled in Lok Adalat - FIR u/s 135 of the Act filed despite settlement of claim and receiving payment - Remedy was to challenge the award in the appropriate forum - FIR quashed...........
Criminal Procedure Code, 1973, Section 239, Electricity Act, 2003, Section 135, 138, 151 -- Discharge - Offence u/ss 135, 138 of Electricity Act - As per S.151 of Electricity Act cognizance can be taken only on the basis of written complaint made by the competent authority - However, said provision was amended by Act of 2007 whereby a proviso was added making cognizance by..........
Electricity Act, 2003, Section 135, 152 -- Theft of electricity - Compounding of offence - Quashing of FIR - Matter settled in Lok Adalat - Appellant filed the petition u/s 482 Cr.P.C for quashing FIR - High Court dismissed petition without examining the issue in the light of S.152 of the Act - Impugned order of High Court set aside - Matter remitted back to High Court to..........
Criminal Procedure Code, 1973, Section 482, Electricity Act, 2003, Section 135, 138, 152 -- Quashing of FIR - Offence u/ss 135, 138 Electricity Act - As S.138 of Electricity Act can be compounded u/s 152 of Electricity Act and petitioner pursuant to the direction by this Court has deposited the amount - Moreover, it is not in dispute that impugned FIR is the first FIR..........
Electricity Act, 2003, Section 126, 135 -- Unauthorized use of electricity - Once Board detects case of unauthorized use of electricity by any consumer, Board gets cause of action to proceed against any person/consumer u/s 126 and/or 135 of the Act - Both Ss.126, 135 of the Act are independent in all respects and provide different kind of liability and consequences, as one..........
Electricity Act, 2003, Section 135, Criminal Procedure Code, 1973, Section 482 -- Theft of electricity - Quashing of proceedings - As per evidence on record, prima facie case has been made out regarding commission of theft of electricity - Even, petitioner is apprehended from premises in which theft of electricity has taken place - Proceedings cannot be quashed...........
Criminal Procedure Code, 1973, Section 482, Electricity Act, 2003, Section 135 -- Theft of electricity - Quashing of proceedings - Plea that Junior Engineer is not competent to file complaint/FIR - However, as per Bihar Electricity Regulatory Commission, Junior Electrical Engineer is authorised to disconnect supply line of electricity as well as lodge complaint in police..........
