Electricity Act, 2003, Section 145 -- Jurisdiction of civil Court - Civil Court has no jurisdiction in entertaining disputes under the Act in view of bar u/s 145 of the Act - However, jurisdiction of writ with regard to determining validity of passing of impugned order can be availed...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of license fee - Defendant was in arrears of license fee and electricity charges w.e.f. 01.04.2018 and amount outstanding at the time of filing of application was Rs.4,72,936 - However, application was filed in October 2020 and even thereafter, almost 5 years have gone by and not even a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Use of tubewell - Electricity connection in the name of defendant - Both the parties are owners to the extent of equal share and joint cultivation reflected in the revenue record - Held, one of the co-sharers of tubewell cannot deprive right of irrigation to other co-sharer by..........
Civil Procedure Code, 1908, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Jurisdiction of civil Court - Electricity bill in question was issued in pursuance to an assessment made by Assessing Officer for un-authorised use of electricity, in terms of S.126 of Electricity Act - Civil Court had no jurisdiction to entertain the suit in question..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Service -- Compassionate appointment - Courts below directed appellant to appoint respondent on basis of decision given by SC in Canara Bank vs. M Mahesh Kumar - However, Court below failed to consider criteria of stability while directing appointment of respondent - Decision of Courts below set aside, with direction to appellant to pay Rs. 2.5 lakhs to respondent. (Paras..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction with regard to erection of electric poles and electric line over plot owned by plaintiff - Suit is maintainable before civil Court. (Electricity Act, 2003, S.145)..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Bar of Civil Court Jurisdiction - Restraining erection and installation of electric tower for supplying electricity - Jurisdiction of Civil Court is barred - Plaint rejected...........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
