Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 353, 186 -- Benefit of probation - Theft of electricity - Petitioner has already served a sentence of 1 month and 17 days against awarded sentence of 2 years - He has never faced any other prosecution either before present FIR or thereafter - Petitioner has no criminal history and even..........
Indian Contract Act, 1872, Section 63, Electricity Act, 2003, Section 61, 62, 63 -- Waiver of right - Waiver of provision of PPA by one of the parties - Resulting in hike in electricity tariff, thereby affecting public interest - If any element of public interest is involved and a waiver takes place by one of the parties to an agreement, such waiver will not be given..........
Indian Penal Code, 1860, Section 408, 409, 420 -- Criminal Breach of trust by clerk - Cheating - Proof - Allegations against accused who is lower division clerk that he received money from consumer for electricity bill but not credited amount - Incharge of electricity department was very clear that at relevant time petitioner was deputed to act as Cashier and to receive..........
Indian Penal Code, 1860, Section 379, Electricity Act, 2003, Section 39 -- Theft of electricity - Petitioner was found committing theft of electric energy by tampering with meter seals - FIR was recorded and investigation was conducted -From the evidences accused found guilty of offence and accused did not lead any defence evidence - Conviction of accused is proper -..........
Electricity Act, 1910, Section 50, 39, Indian Penal Code, 1860, Section 379 -- Theft of electricity - Acquittal - Validity - Held, any prosecution if lodged by perso, i, charge of particular area of Electricity Department his capacity would be enveloped under definition `person aggrieved' of Electricity Department to launch prosecution against person accused of theft of..........
Criminal Procedure Code, 1973, Section 197 -- `Assessing Officer' u/s 126 of Electricity Act - Sanction for prosecution - Petitioner by holding the post as Executive Engineer is designated as `Assessing Officer' of the Company to perform duty as required u/s 126 of the Indian Electricity Act, 2003 - Held, petitioner will be removable by the PGVCL Company only and for which..........
Electricity Act, Section 39, Indian Penal Code, 1860, Section 379 -- Theft of electricity - Modification of sentence - Petitioner was barely 20 years old at the time of commission of crime - Incident took place in the year 1999 - Revision decided in the year 2011 - Convict has experienced sufficient hazards of litigating process for all these years - Moreover, he has..........
Electricity Act, 1910, Section 33 -- Electrocution - Death - Suit for compensation - Maintainability - Held, as per S.33 of the Indian Electricity Act in case any accident occurs in connection with generation, transmission, supply or use of energy, a suit for compensation is not barred under the statute - Trial court has rightly held that the suit would be maintainable...........
Indian Penal Code, 1860, Section 188, 268, Electricity Act, 2003, Section 135, 151, Criminal Procedure Code, 1973, Section 195, 482 -- Charge sheet filed u/ss 188 & 268 IPC and S.135 of Electricity Act - Offence u/s 135 Electricity Act is cognizable offence as provided u/s 151-A read with S.151-B of Electricity Act - Because of applicability of S.195 Cr.P.C. a valid..........
Electricity Act, 1910, Section 39, 44, Indian Penal Code, 1860, Section 379 -- Theft of electricity - Drawing electricity directly from bus bar using converter and committing theft of electricity - Seizure and conducting mahazar not supported by punch witnesses - Wire used for drawing electricity not seized - Prosecution not made out case beyond reasonable doubt to hold..........
