Electricity Act, 2003, Section 63 -- Determination of cost of coal - Interpretation of provisions of PPA agreement - Appellant, successful tariff bidder, entered into PPA agreement with respondent for procurement of power for long term - Notification of 1997 had made it mandatory for the coal to be washed for the use of generation of electricity energy - Applying maxim of..........
Electricity -- Tariff - Incentive scheme - Peak Load Exemption Charge (PLEC) - Tariff freeze on increase of tariff during scheme period - Thus, incentive scheme does not cover PLEC - Respondents not entitled to reimbursement towards PLEC paid during period of 4 years commencing from date of commercial production - Directions issued...........
Electricity Act, 2003, Section 126, 127, 135 -- Unauthorised use of electricity - Civil suit for declaration - Maintainability - Declaration of demand notice in respect of electricity connection installed in premises of plaintiff as illegal, null and void - Plaintiff is involved in abstraction of electricity with dishonest intention without authorization - Therefore, order..........
Easement Act, 1882, Section 60(b) -- Irrevocable licence - Payment of electricity bills, water bills and house tax bills for suit property, while staying in it, only shows taking care of maintenance and upkeep of property but that does not give any right u/s 60(b) of the Act of irrevocable licence being granted...........
Electricity Supply Code, 2007 -- Regulation 6 - Revised demand notice - Petitioner revising demand notice after release of connection and demanding further amount - Demand notice cannot be revised after release of connection...........
Limitation Act, 1963, Section 5, Electricity Act, 2003, Section 135 -- Condonation of delay - Theft of electricity - Where appeal is not maintainable, question for allowing application for condonation of delay doesnot arise - Petition dismissed...........
Electricity Act, 2003, Section 56 -- Electric connection - Arrears of previous owner - Purchase of property in auction on "as is where is" basis - Applicant in no way connected to the past owner and he has not undertaken to pay the past arrears of previous owner - Appeal against order that electric connection cannot be denied on the ground that arrears are not cleared by..........
Electricity Act, 2003, Section 61, 62 -- Determination of tariff - In instant case issue is whether tariff decided by Board under the Act is applicable on arc furnace industries established before year 1995 who were exempted of surcharge - Post Act of 2003 determination of surcharge levied on companies was based on voltage supply - Held, examination of fixation of tariff..........
Bombay Electricity Duty Act, 1958, Section 3(2)(vii), 3(3) -- Electricity duty - Exemption from payment - Conditions stipulated u/s 3(2)(vii)(a)(i) of the Act are not satisfied, hence, appellant no.1 not entitled for exemption - Notification issued in exercise of power conferred by S.3(3) of the Act but no application was made within 180 days of application of notification..........
Civil Procedure Code, 1908, Order 7, Rule 10, Electricity Act, 2003, Section 154 -- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Special Court not having power to adjudicate dispute raised in suit filed by petitioner - Trial Court committed jurisdictional error and no purpose will be served to relegate parties in..........
