Electricity -- Use of load beyond sanctioned load - Jurisdiction of Civil Court - If demand raised by Board is totally unauthorised, arbitrary and not based on facts, then civil Court has jurisdiction to adjudicate the dispute. (Civil Procedure Code, 1908, S.9)...........
Electricity -- Use of load beyond sanctioned load - Seals of meters and other fittings found intact - Jurisdiction of civil Court - Civil Court has jurisdiction to go into disputed questions of civil nature where fundamental fairness of procedure is violated - But where fundamental fairness of procedure is followed, cognizance of Civil Court is excluded by necessary..........
Electricity -- Electrocution - Plaintiff sustained severe injuries and became physically handicapped - Compensation - Civil Court has jurisdiction to determine and grant compensation as there is no provision in Electricity Act providing for grant of compensation. (Electricity Act, 1910, S.33)...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Electricity - Tampering of meter and unauthorised consumption of electricity - Penalty imposed - No serious prejudice will be caused in the event plaintiff ultimately succeeds as the amount of penalty can safely be adjusted - Penalty imposed Rs.1, 63, 400/- - Plaintiff to pay Rs.50, 000/- out of it -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Plaintiff purchased half share in the joint land - No specific portion of the land was transferred by the vendor - The mere fact that house tax and electricity and water bills were received in the name of the vendor does not show that he was in exclusive possession - No evidence to show partition of the joint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for perpetual injunction to restrain Electricity Board from disconnecting power supply for non-payment of amount demanded in bill which is alleged to be illegal and unenforceable - Amendment of paint sought seeking additional relief of declaration that demand for payment of amount is illegal and..........
Civil Procedure Code, 1908, Section 9 -- Suit for perpetual injunction to restrain Electricity Board from disconnecting power supply for non-payment of amount demanded in bill which is alleged to be illegal and unenforceable - Civil Court's jurisdiction - Deposit of amount billed for is not condition precedent for filing of suit - Such condition laid down in Board's..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Electricity - Injunction sought for securing continuous, uninterrupted and equitable supply of electricity - Ample remedies available for redressal in case of unreasonable disruption of electric supply - If there is dissatisfaction of quality of service rendered by Board, Consumer Forum can be..........
Electricity -- Installation of electric posts to draw high tension wires - Injunction against - So long as the work is done by the Board in accordance with the sanctioned Scheme and in accordance with the provisions contained in Ss.10 & 16 of the Indian Telegraph Act, 1885 and S.42 of the Electricity Supply Act, 1948, it may not be within the framework of law to restrain..........
Civil Procedure Code, 1908, Section 80 -- Electricity Board - Death caused by electric shock due to negligence of Board - Suit for damages - Notice u/s 80 CPC is not necessary...........
