Electricity Act, 2003, Section 125, Limitation Act, 1963, Section 14 -- Appeal to Supreme Court - Delay of 161 days in filing appeal - Condonation of delay - Delay occurred on account of time taken by appellant in prosecuting review petition before Appellate Tribunal - However, said review petition also filed delayed by 37 days - Even there is delay in filing appeal after..........
Electricity Act, 2003, Section 86(1)(f), 95 -- Termination of PPA - Validity of - As per PPA failure or refusal by appellant to perform its financial and other material obligations under a PPA constitutes an event of default - Appellant not dealing with any of the defaults mentioned in default notice issued - Since default in notice is not being remedied within period of..........
Electricity Act, 2003, Section 125 -- Appeal to Supreme Court - Substantial question of law - Appellant raised 34 questions, but they are actually grounds for attacking appellate order - Grounds for attacking appellate order are different from substantial question of law involved in appeal - Since there is no substantial question of law involved in appeal, appeal u/s 125..........
Electricity Act, 2003, Section 125 -- Appeal - Power purchase agreement (PPA) - Appellant entered into an agreement to generate and supply power to respondent No.1 - However, appellant could not keep up the time schedule and it made an adhoc arrangement for purchase of power from other sources - For delayed supply from generating sources, while purchasing power from other..........
Delhi Municipal Corporation Act, 1957, Section 120, Delhi Electricity Reforms Act, 2000, Section 15, 20, Delhi Electricity Reforms (Transfer Scheme) Rules, 2001 -- Sch. F, G - Exigibility of tax - All assets of Vidyut Board stood transferred and vested in Government - Its assets were transferred to companies whose shares were allotted to holding company which is wholly..........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 5 -- Eviction - U, authorized occupant - Installation of electricity and telephone connections cannot legalize the encroachment made by petitioner/occupant...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Ceased to occupy - Minimal consumption of electricity - Presumption can be drawn that during the relevant period no activity, whatsoever, was carried out by tenants to prove that they continuously resided in the demised premises...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), (v) -- Eviction petition - Cased to occupy - Tenant without any reasonable cause ceased to occupy demised premises continuously for a period of 12 months prior to filing of petition - No evidence on record that during that period, tenants actually resided in tenanted premises which they could lead by placing..........
Electricity Act, 2003, Section 61, 62, 64, 86 -- Fixation of Tariff - Review - Re-determination of the tariff - Admittedly, the tariff incorporated in the PPA (Power Purchase agreement) between the generating company and the distribution licensee is the tariff fixed by the State Regulatory Commission in exercise of its statutory powers and tariff agreed by and between the..........
Electricity Act, 2003, Section 86(1)(b), Punjab General Clauses Act, 1898, Section 14, 21 - - Electricity - Fixation of Tariff - Regulation of Rules - In view of S.86(1)(b) of Electricity Act the Court must lean in favour of flexibility and not read inviolability in terms of the PPA (Power Purchase Agreement) insofar as the tariff stipulated therein as approved by the..........
