Electricity Act, 2003, Section 126 -- Non functional meter - Short assessment of electricity charges - Short assessment for the period 05.11.2008 to 31.01.2010 - New meter installed on 23.01.2010 which had no fault thereafter - Electricity bill be revised for a period of twelve months ending with 31.01.2010, taking average of twelve months from 01.02.2010 - Based on..........
Electricity Act, 2003, Section 86(1)(f), 175 -- State Commission - Applicability of Limitation Act - Limitation Act is not applicable to Commission under Electricity Act, as Commission is not a Court strict sensu - Even S.175 of Electricity Act has not adopted Limitation Act either explicitly or by necessary implication...........
Electricity Act, 2003, Section 86(1)(f) -- State Commission - Claims coming for adjudication before Commission cannot be entertained or allowed if it is found legally not recoverable in a regular suit or any other regular proceeding such as arbitration, on account of law of limitation - But in appropriate case, a specified period may be excluded on account of principle..........
Income Tax Act, 1961, Section 115JB -- Minimum Alternate Tax (MAT) - Claim for reimbursement of MAT by Electricity Board - Entire phraseology used in Article of Power Purchase Agreement (PPA) leaves no manner of doubt that tax regime keeps changing, therefore any advance income tax payable for income from project only had to be reimbursed by Board - Such change in law..........
Possession -- Payment of electricity consumption charges by itself cannot be taken as establishing possession of suit property...........
Legal Services Authorities Act, 1987, Section 22A(b)(iii) -- Public utility service - Release of electricity connection - It is public utility service as it falls in `supply of power' - Merely because word public has been used it cannot be said that it has to be for more than one person - Public includes even a single entity as well...........
Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Non release of electric connection - Approach to Lok Adalat after a period of more than 18 years - Non release of electricity connection is a recurring cause of action as tubewell would not run without electric connection - Delay not a ground for rejecting the application u/s 22-C of the Act...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Non refund of security deposit - Refundable security deposit should be deposited with a Bank/Financial institution under an Escrow agreement between the landlord, tenant and the Bank/Financial institution - Upon refusal of landlord to take possession offered by tenant, the tenant can deposit the keys..........
East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13B - - Eviction - Non-payment of rent - Assessment of provisional rent - Tenancy admitted by both parties and was reduced into writing - Plea taken by one of the tenant is that his signatures were obtained on blank stamp paper on plea to install electricity connection held, not tenable - More..........
Electricity Act, 2003, Section 61, 66, 86(1)(e), Constitution of India, 1950, Article 14, 51A, 19(1)(g) -- Rajasthan Electricity Regulatory Commission (Renewable Energy Obligation) Regulations, 2007, Rajasthan Electricity Regulatory Commission (Renewable Energy Certificate and Renewable Purchase Obligation Compliance Framework) Regulations, 2010 - Imposition of..........
