Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 6 -- Unauthorized Occupant - Disposal of property lying on public premises - Act authorizes Estate Officer to dispose of goods lying on public premises - It is immaterial whether said goods belong to erstwhile tenant/licensee or any other party - It is also not necessary that there should be a privity..........
Electricity Act, 2003, Section 126(6)(b)(iii) -- Unauthorised use of electricity - Tampered meter - Use of energy through a tampered meter is included in definition of Unauthorised use of electricity - Authorities under the Act thus, empowered to make a provisional and final assessment by invoking power u/s 126(1) of the Act, even in cases where electricity is..........
Electricity Act, 2003, Section 126, 154 -- Unauthorised use of electricity - Merely because Special Court is empowered to determine civil liability u/s 154(4) of the Act, in cases where a complaint is lodged, it cannot be said that there is no power conferred on authorities to make provisional assessment/final assessment u/s 126 of the Act...........
Electricity Act, 2003, Section 135, 126 -- Unauthorised use of electricity - Where there is no theft of energy amounting to unauthorised use of electricity, in such cases, no complaint of theft can be lodged as contemplated u/s 135 of the Act and it is always open for authorities to assess loss of energy by resorting to power u/s 126(1) of the Act - However, where..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 7, Transfer of Property Act, 1882, Section 105, 106, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 2(1)(a) -- Eviction petition - Default in payment of arrears of rent - Tenancy of respondent was terminated by a valid notice u/s 106 of the Act -..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1), 2(2A), 7 -- Eviction - Unauthorized occupant - Respondent was a lessee under appellant for a term of 21 years - Period of lease expired by efflux of time - Before expiry of lease period, there was discussion on question of renewal of lease - Terms proposed by appellant for renewal of lease not..........
Public Premises (Eviction of Unauthorised Occupants) Rules, 1971, Rule 5(2) -- Eviction petition - Public premises - Where there is a bonafide dispute raised regarding property in question, it would be best left for concerned civil suit to decide same issue - State is left free to take up civil proceedings if it is so decides for eviction or for ownership and declaration..........
Electricity Act, 2003, Section 126(5), (As - - Unauthorised use of electricity - Ascertainment - S.126(5) of Amendment Act, 2007 provides that method of calculation taking 12 months limit only when the unauthorised use of electricity is not ascertainable - However, after amendment, if period of unauthorised use of electricity is ascertainable confining calculation to..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Eviction - Notice - Before expiry of lease period - Refusal to grant renewal - Corporation served notice that period of licence would not be extended and as such directed petitioner to make alternative arrangement - Question of applicability of Act would only come if there is specific prayer to..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 6 -- Disposal of property left on Public premises - Unauthorized occupants - Persons who kept their goods in public premises whether they are tenants/licensees, sub-tenants or any other parties, S.6 of the Act applies to said persons - Estate Officer u/s 6 of the Act is entitled to sell goods even of a..........
