Electricity Act, 2003, Section 135 -- Theft of electricity - Limitation - Punishment provided exceeds one year but not exceeds three years - Period of limitation is three years - Complaint is not barred by limitation as same is filed within three years from the date of quashing of earlier proceedings with liberty to file a fresh complaint - Court rightly concluded that..........
Land Acquisition Act, 1894, Section 23 -- Compensation - Deduction towards development charges - 35% is to be deducted towards utilization of land area in the layout for roads, drains, parks, play-grounds and civil amenities - Further deduction of 25% of the value has to be deducted towards expenditure for development of proper roads, underground drainage, sewerage and..........
Indian Penal Code, 1860, Section 420, 467 -- Cheating - Fabricating false record - Complainant filed civil suit challenging decision of Electricity Board in returning his tender documents on the ground that the same were not as per pre-qualifying conditions of the tender and was dismissed as withdrawn and order of civil court was challenged by filing writ petition which..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Accused allegedly demanded a sum of Rs.2000/- from complainant for replacement of transformer but the deal settled for a sum of Rs.1000/- - No specific evidence on record to prove said fact - There were 10/12 persons present at the time when money was given to accused but none of them was cited..........
Electricity Act, 2003, Section 55(1) -- Use of check meter - Check meter cannot be used for accounting and billing of electricity unless there is failure of main meter or so long as main meter is functioning properly - Main meter has to be used for accounting and billing of electricity - Petitioner not justified in raising energy bills on the basis of check meter readings..........
Electricity Act, 2003, Section 135(1)(e) -- Unauthorized use of electricity - Unauthorized use is one of the items of theft contained u/s 135(i)(e) - In other words, unauthorized use is a manner of commission of theft...........
Electricity Act, 2003, Section 135, 126 -- Theft & unauthorized use of electricity - Difference - Mens rea or criminal intent is necessary for prosecution of theft u/s 135 of the Act - But for unauthorized use, an assessment u/s 126 of Act, no such intent is required to be proved...........
Electricity Act, 2003, Section 135, 126 -- Unauthorized use of electricity - Assessment of charges for theft of energy cannot be an assessment made u/s 135 - S.135 of Act is not a provision for prosecution - Assessment is possible only u/s 126 of Act...........
Electricity Act, 2003, Section 135, 126 -- Unauthorized use of electricity - Notice for unauthorized use of electricity and assessment of an amount is only a provisional assessment and cannot be taken as final - Petitioner is entitled to join issues and if he has any grievance that he did not have adequate opportunity to contest the assessment in impugned notice, it may..........
Electricity Act, 2003, Section 145 -- Civil Court jurisdiction - Bar of - Imposition of penalty as there was theft of electricity - Challenge thereto - Civil Court has jurisdiction when assessment made u/s 135 of the Act for theft of electricity is challenged - S.145 of the Act imposes a bar on Civil Court to entertain suit only in respect of a matter which an Assessing..........
